House Bill 0713c2

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    Florida House of Representatives - 1999           CS/CS/HB 713

        By the Committees on Education Appropriations, Community
    Colleges & Career Prep and Representatives Wise and Kelly





  1                      A bill to be entitled

  2         An act relating to criminal justice; creating

  3         provisions relating to criminal justice

  4         training; providing legislative intent;

  5         providing for transfer of existing programs and

  6         facilities from school districts to community

  7         colleges; requiring an analysis; providing

  8         program requirements; providing for funding;

  9         providing a guideline for the future approval

10         of programs; amending s. 943.13, F.S.; revising

11         minimum qualifications for employment as a law

12         enforcement or correctional officer; amending

13         s. 943.17, F.S.; revising requirements relating

14         to basic recruit, advanced, and career

15         development training programs; providing

16         requirements regarding the Criminal Justice

17         Standards and Training Commission; amending s.

18         943.31, F.S.; providing legislative intent

19         regarding law enforcement; providing an

20         effective date.

21

22  Be It Enacted by the Legislature of the State of Florida:

23

24         Section 1.  Criminal justice training.--

25         (1)  INTENT.--To consolidate and more efficiently use

26  state and taxpayer resources, responsibility for existing

27  public criminal justice training programs will be shifted and

28  a 2-year degree program for law enforcement training which

29  will articulate with bachelor's degree programs offered by

30  institutions within the State University System or by

31  independent colleges and universities will be established. It

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    Florida House of Representatives - 1999           CS/CS/HB 713

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  1  is the goal of the Legislature that the minimum annual salary

  2  for law enforcement officers be increased to $24,000 by 2005

  3  as a result of increased educational requirements.

  4         (2)  EXISTING PUBLIC CRIMINAL JUSTICE TRAINING

  5  PROGRAMS.--

  6         (a)  Notwithstanding ss. 229.551(1)(g), 230.02, 230.35,

  7  230.64, 239.115(2), and 240.115(1)(a)-(c) and (2), Florida

  8  Statutes, or any other provision of law to the contrary,

  9  criminal justice training programs will transfer to community

10  colleges, at which time:

11         1.  Responsibility for the provision of basic recruit,

12  advanced, career development, and continuing training courses

13  and programs offered in public criminal justice training

14  programs, and for the operation of existing public criminal

15  justice training programs will be shifted from the school

16  district to the community college in whose service area the

17  public criminal justice training program is located.

18         2.  Criminal justice training program educational

19  facilities and educational plants, as defined in section

20  235.011(6) and (7), owned by the state or paid for with only

21  state funds, shall be transferred to the community college,

22  except that if such an educational facility or educational

23  plant, or part of such facility or plant, is used for purposes

24  in addition to public criminal justice training, the Criminal

25  Justice Standards and Training Commission shall mediate the

26  transfer or a suitable multiuse arrangement.

27         3.  Criminal justice training program educational

28  facilities and educational plants, as defined in section

29  235.011(6) and (7), owned by the school district or paid for

30  in whole or in part with local tax dollars shall be leased to

31  the community college, except that if such an educational

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    Florida House of Representatives - 1999           CS/CS/HB 713

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  1  facility or educational plant, or part of such facility or

  2  plant, is used for purposes in addition to public criminal

  3  justice training, the Criminal Justice Standards and Training

  4  Commission shall mediate a suitable lease agreement. In the

  5  event that a school district and a community college cannot

  6  agree on the terms and conditions of the lease agreement, the

  7  Criminal Justice Standards and Training Commission shall

  8  finalize the agreement and report its decision to the

  9  Legislature. The Department of Education, Office of

10  Educational Facilities shall conduct an analysis, by December

11  31 of the year in which the program is transferred, to

12  determine the amount of local tax contribution used in the

13  construction of a school district owned criminal justice

14  training program educational facility or educational plant

15  affected by the transfer.  This analysis shall be used to

16  establish a purchase price for the facility or plant.  The

17  local community college district board of trustees may make a

18  legislative budget request through the State Board of

19  Community Colleges to purchase the facility or plant, or may

20  continue to lease the facility or plant.

21         4.  Certification of the program granted by the

22  Criminal Justice Standards and Training Commission will be

23  transferred to the respective community college which must

24  continue to meet the requirements of the commission.

25         5.  The community college board of trustees shall,

26  subject to review by the advisory council established pursuant

27  to subsection (3)(a), provide for school district public

28  criminal justice training staff employed in full-time,

29  budgeted positions to be transferred into the community

30  college personnel system at the same rate of salary.

31  Retirement and leave provisions will be transferred according

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    Florida House of Representatives - 1999           CS/CS/HB 713

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  1  to law. If such employees do not possess the faculty

  2  credentials required by the accrediting body, transition of

  3  the program shall include provisions for the employees to

  4  obtain the required credentials.

  5         6.  If the school district is the fiscal agent for the

  6  Criminal Justice Standards and Training Trust Fund, the

  7  regional training council shall appoint a fiscal agent

  8  according to the provisions of chapter 11B-18, Florida

  9  Administrative Code.

10         7.  The Department of Education shall shift all funds

11  generated by students in the training programs including FTE

12  or workforce development, recurring, and nonrecurring funds

13  from the appropriate school district to the respective

14  community college.

15         (b)  The following criminal justice training programs

16  will transfer to the community college within the same service

17  area on July 1, 1999:

18         1.  The Kenneth A. Bragg Regional Public Safety

19  Training Complex;

20         2.  The Pat Thomas Law Enforcement Academy; and

21         3.  The Criminal Justice Training School at St.

22  Augustine Technical Center.

23         (c)  The following criminal justice training programs

24  will transfer to the community college within the same service

25  area on July 1, 2000:

26         1.  The Criminal Justice Academy of Osceola;

27         2.  The Criminal Justice Training Center at George

28  Stone Area Vo-Tech Center; and

29         3.  The Criminal Justice Academy at Sarasota County

30  Technical Institute.

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    Florida House of Representatives - 1999           CS/CS/HB 713

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  1         (d)  The following criminal justice training programs

  2  will transfer to the community college within the same service

  3  area on July 1, 2001:

  4         1.  The Southwest Florida Criminal Justice Academy;

  5         2.  The public criminal justice training program at

  6  Manatee Technical Institute;

  7         3.  The Criminal Justice Training Academy at

  8  Withlacoochee Technical Institute; and

  9         4.  The public criminal justice training program at

10  Washington-Holmes Technical Center.

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12  Those state agencies and local law enforcement agencies that

13  are currently certified by the commission to offer training

14  will be allowed to continue to offer such training.

15         (3)  PROGRAM REQUIREMENTS.--Each training program

16  operated by a community college will be regional in nature, as

17  defined by the Criminal Justice Standards and Training

18  Commission. Each board of trustees of a community college with

19  responsibility for a public criminal justice training program

20  must:

21         (a)  Establish a criminal justice advisory council

22  which shall review policy, budget, scheduling, curricula, and

23  staffing matters pertaining to the criminal justice training

24  school, assist the community college in the selection of the

25  director of the criminal justice training school, and work in

26  cooperation with the regional training council to ensure that

27  training needs of all agencies within the region are

28  effectively met. The advisory council shall consist of the

29  president, or his or her designee and representatives of

30  agencies from each discipline included in the training program

31  located within the college's service area. Such

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    Florida House of Representatives - 1999           CS/CS/HB 713

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  1  representatives shall be appointed pursuant to the provisions

  2  of chapter 6A-14, Florida Administrative Code, and shall

  3  include at least one sheriff, or his or her designee, and a

  4  chief of police, or his or her designee.

  5         (b)  Give priority to local and state agencies in their

  6  service region when scheduling facility usage.

  7         (c)  Offer an associate in science degree for criminal

  8  justice training, of which basic recruit training is a

  9  required element. The degree shall articulate with a companion

10  bachelor degree. Basic recruit training included in a law

11  enforcement officer program shall be the equivalent of 30

12  college credits towards an associate in science degree, of

13  which at least 15 college credits may be awarded as credit

14  towards an associate in arts degree. Basic recruit training

15  included in a correctional officer program shall be the

16  equivalent of 24 college credits towards an associate in

17  science degree of which at least 12 college credits may be

18  awarded as credit towards an associate in arts degree.

19  Notwithstanding ss. 229.551(1)(g), 230.02, 230.35, 230.64,

20  239.115(2), and 240.115(1)(a)-(c) and (2), Florida Statutes,

21  or any other provision of law to the contrary, only community

22  colleges are authorized to offer programs and courses within

23  this associate in science degree.

24         (d)  Not shift any criminal justice funds from criminal

25  justice programs to support other programs.

26         (e)  Provide an accounting of all fiscal matters

27  pertaining to the criminal justice programs to the advisory

28  council, upon request.

29         (f)  Not supplant academic training with fund-raising

30  ventures.

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    Florida House of Representatives - 1999           CS/CS/HB 713

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  1         (g)  When required, provide postsecondary adult

  2  vocational certificate and continuing workforce education

  3  noncredit options for students. Notwithstanding ss.

  4  229.551(1)(g), 230.02, 230.35, 230.64, 239.115(2), and

  5  240.115(1)(a)-(c) and (2), Florida Statutes, or any other

  6  provision of law to the contrary, only community colleges are

  7  authorized to offer programs and courses specified in this

  8  paragraph.

  9         (4)  FUNDING.--The community college shall qualify for

10  future facilities funding dollars upon transfer of the

11  facility. Notwithstanding ss. 239.115(6)(a) and 239.117(6)(a),

12  Florida Statutes, or any other provision of law to the

13  contrary, fees for continuing workforce education for public

14  law enforcement and corrections officers shall not exceed 25

15  percent of the cost of the course.

16         (5)  GUIDING PRINCIPLES.--In the future, it shall be

17  the policy of the Criminal Justice Standards and Training

18  Commission to approve public criminal justice training

19  programs based upon the principle that programs that serve

20  students who have received a high school diploma, or its

21  equivalent, or who have left the secondary school system,

22  shall be administered under the governance of Florida's

23  Community College System or State University System. Those

24  programs that serve students in high school shall be

25  administered under the governance of the appropriate public

26  school system. Students enrolled for these purposes may

27  qualify under dual enrollment provisions.

28         Section 2.  Subsection (3) of section 943.13, Florida

29  Statutes, is amended to read:

30         943.13  Officers' minimum qualifications for employment

31  or appointment.--On or after October 1, 1984, Any person

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    Florida House of Representatives - 1999           CS/CS/HB 713

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  1  employed or appointed as a full-time, part-time, or auxiliary

  2  law enforcement officer, correctional probation officer, or

  3  correctional officer; including any person employed on or

  4  after October 1, 1986, any person employed as a full-time,

  5  part-time, or auxiliary correctional probation officer; and on

  6  or after October 1, 1986, any person employed as a full-time,

  7  part-time, or auxiliary correctional officer by a private

  8  entity under contract to the Department of Corrections, to a

  9  county commission, or to the Correctional Privatization

10  Commission must shall:

11         (3)  Be a high school graduate or its "equivalent" as

12  the commission has defined the term by rule; however, any

13  person who applies to sit for the Law Enforcement Officer

14  Certification Exam on or after January 1, 2005, must have

15  earned an associate degree or its equivalent, as defined by

16  rules adopted by the Criminal Justice Standards and Training

17  Commission. A person may sit for the Law Enforcement Officer

18  Certification Exam after January 1, 2005, if the person is

19  enrolled in an associate degree program.  Such certification

20  shall be revoked if the person does not complete an associate

21  degree within 5 years from the date of taking the exam.

22         Section 3.  Paragraphs (g) and (h) are added to

23  subsection (1) of section 943.17, Florida Statutes, 1998

24  Supplement, to read:

25         943.17  Basic recruit, advanced, and career development

26  training programs; participation; cost; evaluation.--The

27  commission shall, by rule, design, implement, maintain,

28  evaluate, and revise job-related curricula and performance

29  standards for basic recruit, advanced, and career development

30  training programs and courses.  The rules shall include, but

31  are not limited to, a methodology to assess relevance of the

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    Florida House of Representatives - 1999           CS/CS/HB 713

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  1  subject matter to the job, student performance, and instructor

  2  competency. Notwithstanding ss. 229.551(1)(g), 230.02, 230.35,

  3  230.64, 239.115(2), and 240.115(1)(a)-(c) and (2), or any

  4  other provision of law to the contrary, all basic recruit,

  5  advanced, career development, and continuing training courses

  6  and programs offered in public criminal justice training

  7  schools shall be conducted by Florida community colleges,

  8  except that those state agencies and local law enforcement

  9  agencies that are currently certified by the commission to

10  offer such training will be allowed to continue. Basic recruit

11  training included in a law enforcement officer program shall

12  be the equivalent of 30 college credits towards an associate

13  in science degree, of which at least 15 college credits may be

14  awarded as credit towards an associate in arts degree. Basic

15  recruit training included in a correctional officer program

16  shall be the equivalent of 24 college credits towards an

17  associate in science degree, of which at least 12 college

18  credits may be awarded as credit towards an associate in arts

19  degree.

20         (1)  The commission shall:

21         (g)  Provide for consistency and articulation between

22  community college basic recruit and training programs

23  specified by the commission and companion bachelor's degree

24  programs offered by state universities and independent

25  colleges and universities.

26         (h)  Establish, in consultation with the State Board of

27  Community Colleges, an associate in science degree in the area

28  of criminal justice which articulates with a corresponding

29  bachelor's degree program. Both the associate in science

30  degree and the companion bachelor's degree must include basic

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    Florida House of Representatives - 1999           CS/CS/HB 713

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  1  training as a requirement, which may be fulfilled by transfer

  2  of credit from a community college.

  3         Section 4.  Subsection (4) is added to section 943.31,

  4  Florida Statutes, to read:

  5         943.31  Legislative intent.--It is the intent of the

  6  Legislature to:

  7         (4)  Provide for consistency and articulation between

  8  community college basic recruit and training programs

  9  specified by the Criminal Justice Standards and Training

10  Commission and companion bachelor's degree programs offered by

11  state universities or independent colleges and universities.

12         Section 5.  This act shall take effect upon becoming a

13  law.

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