House Bill 0713e1
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CS/CS/HB 713, First Engrossed/ntc
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:
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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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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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CS/CS/HB 713, First Engrossed/ntc
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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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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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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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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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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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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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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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. The Commissioner of Education, the
13 Executive Director of the State Board of Community Colleges,
14 the State Fire Marshall and the Secretary of the Department of
15 Health shall study the feasibility of transferring fire
16 services, paramedic, and emergency medical technician training
17 to community colleges, requiring an associate degree for these
18 occupations, and reducing fees for continuing workforce
19 education. This study shall include a economic impact
20 analysis. The findings of this study shall be reported to the
21 Speaker of the House of Representatives, the President of the
22 Senate, and the Governor by December 1, 1999.
23 Section 6. This act shall take effect upon becoming a
24 law.
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