CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. SB 1432

    Amendment No. ___

                            CHAMBER ACTION
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10  ______________________________________________________________

11  Senator Brown-Waite moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 7, before line 1,

15

16  insert:

17         Section 6.  Section 944.1055, Florida Statutes is

18  created to read:

19         No private entity may develop or operate a private

20  correctional or detention facility for the exclusive housing

21  of federal inmates or detainees, unless:

22         1.  The location, intended use, and description of the

23  facility has been approved by resolution of the legislative

24  authority of the local governmental entity in which the

25  facility is to be located after a public notice and meeting in

26  accordance with applicable law; and

27         2.  All correctional officers and security supervisory

28  staff prior to being employed at the facility have completed a

29  training curriculum that meets or exceeds the then current

30  training standards for a correctional officer employed by the

31  state, and have been certified pursuant to s. 943.1395.

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                                                  SENATE AMENDMENT

    Bill No. SB 1432

    Amendment No. ___





  1         Provided that correctional officers and security

  2  supervision staff are certified pursuant to s. 943.1395, such

  3  officers and staff may use necessary force in a manner

  4  consistent with the authority granted to private correctional

  5  officers under s. 957.05.

  6         Section 7.  Section 943.13, Florida Statutes, is

  7  amended to read:

  8         943.13  Officers' minimum qualifications for employment

  9  or appointment.--On or after October 1, 1984, any person

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

11  law enforcement officer or correctional officer; on or after

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

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

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

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

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

17  county commission, or to the Correctional Privatization

18  Commission or by a private entity operating a facility for the

19  exclusive housing of federal inmates or detainees shall:

20         (1)  Be at least 19 years of age.

21         (2)  Be a citizen of the United States, notwithstanding

22  any law of the state to the contrary.

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

24  the commission has defined the term by rule.

25         (4)  Not have been convicted of any felony or of a

26  misdemeanor involving perjury or a false statement, or have

27  received a dishonorable discharge from any of the Armed Forces

28  of the United States. Any person who, after July 1, 1981,

29  pleads guilty or nolo contendere to or is found guilty of any

30  felony or of a misdemeanor involving perjury or a false

31  statement is not eligible for employment or appointment as an

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                                                  SENATE AMENDMENT

    Bill No. SB 1432

    Amendment No. ___





  1  officer, notwithstanding suspension of sentence or withholding

  2  of adjudication. Notwithstanding this subsection, any person

  3  who has pled nolo contendere to a misdemeanor involving a

  4  false statement, prior to December 1, 1985, and has had such

  5  record sealed or expunged shall not be deemed ineligible for

  6  employment or appointment as an officer.

  7         (5)  Have documentation of his or her processed

  8  fingerprints on file with the employing agency or, if a

  9  private correctional officer, have documentation of his or her

10  processed fingerprints on file with the Department of

11  Corrections or the Criminal Justice Standards and Training

12  Commission. If administrative delays are caused by the

13  department or the Federal Bureau of Investigation and the

14  person has complied with subsections (1)-(4) and (6)-(9), he

15  or she may be employed or appointed for a period not to exceed

16  1 calendar year from the date he or she was employed or

17  appointed or until return of the processed fingerprints

18  documenting noncompliance with subsections (1)-(4) or

19  subsection (7), whichever occurs first.

20         (6)  Have passed a physical examination by a licensed

21  physician, based on specifications established by the

22  commission.

23         (7)  Have a good moral character as determined by a

24  background investigation under procedures established by the

25  commission.

26         (8)  Execute and submit to the employing agency or, if

27  a private correctional officer, submit to the appropriate

28  governmental entity an affidavit-of-applicant form, adopted by

29  the commission, attesting to his or her compliance with

30  subsections (1)-(7). The affidavit shall be executed under

31  oath and constitutes an official statement within the purview

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                                                  SENATE AMENDMENT

    Bill No. SB 1432

    Amendment No. ___





  1  of s. 837.06. The affidavit shall include conspicuous language

  2  that the intentional false execution of the affidavit

  3  constitutes a misdemeanor of the second degree. The affidavit

  4  shall be retained by the employing agency.

  5         (9)  Complete a commission-approved basic recruit

  6  training program for the applicable criminal justice

  7  discipline, unless exempt under this subsection. An applicant

  8  who has:

  9         (a)  Completed a comparable basic recruit training

10  program for the applicable criminal justice discipline in

11  another state or for the Federal Government; and

12         (b)  Served as a full-time sworn officer in another

13  state or for the Federal Government for at least one year

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15  is exempt in accordance with s. 943.131(2) from completing the

16  commission-approved basic recruit training program.

17         (10)  Achieve an acceptable score on the officer

18  certification examination for the applicable criminal justice

19  discipline.

20         (11)  Comply with the continuing training or education

21  requirements of s. 943.135.

22         Section 8.  Subsection (4) of section 943.133, Florida

23  Statutes, is amended to read:

24         943.133  Responsibilities of employing agency,

25  commission, and program with respect to compliance with

26  employment qualifications and the conduct of background

27  investigations; injunctive relief.--

28         (4)(a)  When the employing agency is a private entity

29  under contract to the county or the state pursuant to s.

30  944.105, s. 951.062, or chapter 957, the contracting agency

31  shall be responsible for meeting the requirements of

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                                                  SENATE AMENDMENT

    Bill No. SB 1432

    Amendment No. ___





  1  subsections (1), (2), and (3).

  2         (b)  When the employer of a certified correctional

  3  officer is a private entity operating a facility for the

  4  exclusive housing of federal inmates or detainees, the

  5  employer shall be responsible for meeting the requirements of

  6  subsection (1), (2), and (3).

  7         Section 9.  Subsection (4) of section 943.10, Florida

  8  Statutes is amended to read:

  9         943.10  Definitions; ss. 943.085-943.255.--The

10  following words and phrases as used in ss. 943.085-943.255 are

11  defined as follows:

12         (4)  "Employing agency" means any agency or unit of

13  government or any municipality or the state or any political

14  subdivision thereof, or any agent thereof, which has

15  constitutional or statutory authority to employ or appoint

16  persons as officers. The term also includes any private entity

17  which has contracted with the state or county for the

18  operation and maintenance of a nonjuvenile detention facility.

19  The term also includes any private entity operating a facility

20  for the exclusive housing of federal inmates or detainees.

21

22  (Redesignate subsequent sections.)

23

24

25  ================ T I T L E   A M E N D M E N T ===============

26  And the title is amended as follows:

27         On page 1, lines 1-24, delete those lines

28

29  and insert:

30                  A bill to be entitled

31         An act relating to correctional and detention

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                                                  SENATE AMENDMENT

    Bill No. SB 1432

    Amendment No. ___





  1         facilities; creating the "Protection Against

  2         Sexual Violence in Florida Jails and Prisons

  3         Act"; amending ss. 944.35, 951.23, F.S.;

  4         requiring the Criminal Justice Standards and

  5         Training Commission to develop a course

  6         relating to sexual assault identification and

  7         prevention as part of the correctional-officer

  8         training program; authorizing the department

  9         and county and municipal detention facilities

10         to provide an orientation program and

11         counseling; creating s. 951.221, F.S.;

12         prohibiting sexual misconduct by employees of

13         county or municipal detention facilities;

14         providing for termination of employment under

15         certain circumstances; providing penalties;

16         creating s. 951.223, F.S.; prohibiting an

17         officer or employee of a county or municipal

18         detention facility from receiving any gift or

19         other compensation from a prisoner or making

20         any gift or present to a prisoner without the

21         permission of the administrator of the

22         facility; providing penalties; creating s.

23         944.1055, F.S.; prohibiting a private person or

24         entity from operating a private correctional

25         facility for the exclusive housing of federal

26         inmates unless the facility is approved by

27         resolution of the local governing authority;

28         providing personnel training requirements;

29         amending ss. 943.13, 943.133, and 943.10, F.S.;

30         providing personnel certification and employer

31         requirements; providing an effective date.

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