SENATE AMENDMENT
Bill No. CS for SB 1534
Amendment No. ___ Barcode 414256
CHAMBER ACTION
Senate House
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11 Senator Bronson moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 54, between lines 8 and 9,
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16 insert:
17 Section 56. Section 943.12, Florida Statutes, is
18 amended to read:
19 943.12 Powers, duties, and functions of the
20 commission.--The commission shall:
21 (1) Adopt Promulgate rules for the administration of
22 ss. 943.085-943.255 pursuant to chapter 120.
23 (2) Be responsible for the execution, administration,
24 implementation, and evaluation of its powers, duties, and
25 functions under ss. 943.085-943.255, including any rules
26 promulgated or policies established hereunder.
27 (3) Certify, and revoke the certification of,
28 officers, instructors, and criminal justice training schools.
29 (4) Establish uniform minimum employment standards for
30 the various criminal justice disciplines.
31 (5) Establish uniform minimum training standards for
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1 the training of officers in the various criminal justice
2 disciplines.
3 (6) Consult and cooperate with municipalities or the
4 state or any political subdivision of the state and with
5 universities, colleges, community colleges, and other
6 educational institutions concerning the development of
7 criminal justice training schools and programs or courses of
8 instruction, including, but not necessarily limited to,
9 education and training in the areas of criminal justice
10 administration and all allied and supporting disciplines.
11 (7) Conduct official inquiries or require criminal
12 justice training schools to conduct official inquiries of
13 Authorize the issuance of certificates for criminal justice
14 training instructors who are certified by the commission
15 schools.
16 (8) Establish minimum curricular requirements for
17 criminal justice training schools.
18 (9) Authorize the issuance of certificates for
19 instructors.
20 (9)(10) Make, publish, or encourage studies on any
21 aspect of criminal justice education and training or
22 recruitment, including the development of defensible and
23 job-related psychological, selection, and performance
24 evaluation tests.
25 (10)(11) With the approval of the head of the
26 department, make and enter into such contracts and agreements
27 with other agencies, organizations, associations,
28 corporations, individuals, or federal agencies as the
29 commission determines are necessary, expedient, or incidental
30 to the performance of its duties or the execution of its
31 powers.
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1 (11)(12) Provide to each commission member and, upon
2 request, to any sheriff, chief of police, state law
3 enforcement or correctional agency chief administrator, or
4 training center director or to any other concerned citizen
5 minutes of commission meetings and notices and agendas of
6 commission meetings.
7 (12)(13) Establish a central repository of records for
8 the proper administration of its duties, powers, and
9 functions.
10 (13)(14) Issue final orders which include findings of
11 fact and conclusions of law and which constitute final agency
12 action for the purpose of chapter 120.
13 (14)(15) Enforce compliance with provisions of this
14 chapter through injunctive relief and civil fines.
15 (15)(16) Make recommendations concerning any matter
16 within the purview of this chapter.
17 (16)(17) Adopt Promulgate rules for the certification
18 and discipline of officers who engage in those specialized
19 areas found to present a high risk of harm to the officer or
20 the public at large and which would in turn increase the
21 potential liability of an employing agency.
22 (17)(18) Implement, administer, maintain, and revise a
23 job-related officer certification examination for each
24 criminal justice discipline. The commission shall, by rule,
25 establish procedures for the administration of the officer
26 certification examinations. Further, the commission shall
27 establish standards for acceptable performance for each
28 officer certification examination.
29 Section 57. Subsection (6) of section 943.13, Florida
30 Statutes, is amended to read:
31 943.13 Officers' minimum qualifications for employment
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1 or appointment.--On or after October 1, 1984, any person
2 employed or appointed as a full-time, part-time, or auxiliary
3 law enforcement officer or correctional officer; on or after
4 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 shall:
11 (6) Have passed a physical examination by a licensed
12 physician or physician assistant, based on specifications
13 established by the commission.
14 Section 58. Section 943.131, Florida Statutes, is
15 amended to read:
16 943.131 Temporary employment or appointment; minimum
17 basic recruit training exemption.--
18 (1)(a) An employing agency may temporarily employ or
19 appoint a person who complies with the qualifications for
20 employment in s. 943.13(1)-(8), but has not fulfilled the
21 requirements of s. 943.13(9) and (10), if a critical need
22 exists to employ or appoint the person and such person is or
23 will be enrolled in the next approved basic recruit training
24 program available in the geographic area or that no assigned
25 state training program for state officers is available within
26 a reasonable time. The employing agency must maintain
27 documentation which demonstrates that a critical need exists
28 to employ a person pursuant to this section. Prior to the
29 employment or appointment of any person other than a
30 correctional probation officer under this subsection, the
31 person shall comply with the firearms provisions established
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1 pursuant to s. 943.17(1)(a). Any person temporarily employed
2 or appointed as an officer under this subsection must attend
3 the first training program offered in the geographic area, or
4 the first assigned state training program for a state officer,
5 subsequent to his or her employment or appointment. Further,
6 upon successful completion of the basic recruit training
7 program, any person temporarily employed or appointed as an
8 officer must fulfill the requirements of s. 943.13(10) within
9 180 consecutive days.
10 (b) In no case may the person be temporarily employed
11 or appointed for more than 180 consecutive days, and such
12 temporary employment or appointment is not renewable by the
13 employing agency or transferable to another employing agency.
14 However, a person who is temporarily employed or appointed and
15 is attending the first training program offered in the
16 geographic area, or has been assigned to a state training
17 program, may continue to be temporarily employed or appointed
18 until the person:
19 1. Successfully completes the basic recruit training
20 program and achieves an acceptable score on the officer
21 certification examination;
22 2. Fails or withdraws from a any course of the basic
23 recruit training program;
24 3. Fails to achieve an acceptable score on the officer
25 certification examination within 180 consecutive days after
26 the successful completion of the basic recruit training
27 program; or
28 4. Is separated from employment or appointment by the
29 employing agency.
30 (c) No person temporarily employed or appointed under
31 the provisions of this subsection may perform the duties of an
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1 officer unless he or she is adequately supervised by another
2 officer of the same discipline. The supervising officer must
3 be in full compliance with the provisions of s. 943.13 and
4 must be employed or appointed by the employing agency.
5 (2) If an applicant seeks an exemption from completing
6 a commission-approved basic recruit training program, the
7 employing agency must verify that the applicant has
8 successfully completed a comparable basic recruit training
9 program for the discipline in which the applicant is seeking
10 certification in another state or for the Federal Government.
11 Further, the employing agency must verify that the applicant
12 has served as a full-time sworn officer in another state or
13 for the Federal Government for at least one year. When the
14 employing agency obtains written documentation regarding the
15 applicant's criminal justice experience, the documentation
16 must be submitted to the commission. The commission shall
17 adopt rules that establish criteria and procedures to
18 determine if the applicant is exempt from completing the
19 commission-approved basic recruit training program and, upon
20 making a determination, shall notify the employing agency. An
21 If the applicant who is exempt from completing the
22 commission-approved basic recruit training program, the
23 applicant must demonstrate proficiency in the high-liability
24 areas, as defined by commission rule, and must complete the
25 requirements of s. 943.13(10) within 180 days after receiving
26 an exemption. If the proficiencies and requirements of s.
27 943.13(10) are not met within the 180 days, the applicant must
28 complete a commission-approved basic recruit training program
29 complete training, as required by the commission by rule, in
30 areas which include, but are not limited to, defensive
31 driving, defensive tactics, firearms training, and first
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1 responder training. Except as provided in subsection (1),
2 before the employing agency may employ or appoint the
3 applicant as an officer, the applicant must meet the minimum
4 qualifications described in s. 943.13(1)-(8), and must fulfill
5 the requirements of s. 943.13(10).
6 Section 59. Subsection (1) of section 943.135, Florida
7 Statutes, is amended to read:
8 943.135 Requirements for continued employment.--
9 (1) The commission shall, by rule, adopt a program
10 that requires all officers, as a condition of continued
11 employment or appointment as officers, to receive periodic
12 commission-approved continuing training or education. Such
13 continuing training or education shall be required at the rate
14 of 40 hours every 4 years. No officer shall be denied a
15 reasonable opportunity by the employing agency to comply with
16 this section. The employing agency must document that the
17 continuing training or education is job-related and consistent
18 with the needs of the employing agency. The employing agency
19 must maintain and submit, or electronically transmit, the
20 documentation to the commission, in a format approved by the
21 commission. The rule shall also provide:
22 (a) Assistance to an employing agency in identifying
23 each affected officer, the date of his or her employment or
24 appointment, and his or her most recent date for successful
25 completion of continuing training or education; and
26 (b) A procedure for reactivation of the certification
27 of an officer who is not in compliance with this section.; and
28 (c) A remediation program supervised by the training
29 center director within the geographic area for any officer who
30 is attempting to comply with the provisions of this subsection
31 and in whom learning disabilities are identified. The officer
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1 shall be assigned nonofficer duties, without loss of employee
2 benefits, and the program shall not exceed 90 days.
3 Section 60. Subsection (2) of section 943.1395,
4 Florida Statutes, is amended to read:
5 943.1395 Certification for employment or appointment;
6 concurrent certification; reemployment or reappointment;
7 inactive status; revocation; suspension; investigation.--
8 (2) An officer who is certified in one discipline and
9 who complies with s. 943.13 in another discipline shall hold
10 concurrent certification and may be assigned in either
11 discipline within his or her employing agency. However, the
12 officer may be registered and hold concurrent certification
13 only if the employing agency has authority to employ multiple
14 disciplines.
15 Section 61. Section 943.14, Florida Statutes, is
16 amended to read:
17 943.14 Commission-certified criminal justice training
18 schools; certificates and diplomas; exemptions; injunctive
19 relief; fines.--
20 (1) Each criminal justice training school approved by
21 the commission shall obtain from the commission a certificate
22 of compliance, with rules of the commission, signed by the
23 chair of the commission. Any training or educational courses
24 which are taught in any criminal justice training school must
25 first be approved in writing by the commission.
26 (2) Any certificate or diploma issued by any criminal
27 justice training school which relates to completion,
28 graduation, or attendance in criminal justice training or
29 educational subjects, or related matters, must be approved by
30 the commission staff in the department's Criminal Justice
31 Professionalism Program.
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1 (3) The commission shall establish, by rule,
2 procedures for the certification and discipline of all
3 instructors in any criminal justice training school.
4 (4) Prior to the issuance of a certificate of
5 compliance, or as a condition of continuing certification, all
6 records of any criminal justice training school that relate to
7 training and all financial and personnel records of the school
8 shall be made available to the commission upon request.
9 (5) No private criminal justice training school may
10 include within its name the word "commission," "bureau," or
11 "division" together with the word "Florida" or "state," the
12 name of any county or municipality, or any misleading
13 derivative thereof which might be construed to represent a
14 government agency or an entity authorized by a government
15 agency.
16 (6) Criminal justice training schools and courses
17 which are licensed and operated in accordance with the rules
18 of the State Board of Education and the rules of the
19 commission are exempt from the requirements of subsections
20 (1)-(5). However, any school which instructs approved
21 commission courses must meet the requirements of subsections
22 (1)-(5).
23 (6)(7)(a) Commission-approved correctional probation
24 courses and subjects which are taught by Florida 4-year
25 accredited colleges and universities are exempt from
26 subsections (1)-(6) (1)-(5) except for such documentation
27 which may be required by the commission. The commission
28 retains control over the content of courses and subjects
29 covered by this subsection as specified in s. 943.17(1)(a).
30 Florida 4-year accredited colleges and universities must
31 obtain approval from the commission prior to offering
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1 correctional probation courses. Florida 4-year accredited
2 colleges and universities offering the Correctional Probation
3 Training Program shall teach the learning objectives specified
4 by the commission. The administration of the commission's
5 Correctional Probation Training Program within a Florida
6 4-year accredited college or university shall fall within the
7 institution's established guidelines for course delivery and
8 student attendance. The Florida 4-year accredited college or
9 university shall provide to the commission and to the student
10 proof of successful completion of all the approved objectives
11 required by the commission for the academic courses approved
12 for the Correctional Probation Training Program. The
13 commission-certified training school administering the
14 commission-required correctional probation high-liability
15 training shall provide to the commission and to the student
16 proof of successful completion of all approved objectives.
17 (b) All other criminal justice sciences or
18 administration courses or subjects which are a part of the
19 curriculum of any accredited college, university, community
20 college, or vocational-technical center of this state, and all
21 full-time instructors of such institutions, are exempt from
22 the provisions of subsections (1)-(5).
23 (7)(8) Each criminal justice training school that
24 offers law enforcement, correctional, or correctional
25 probation officer basic recruit training, or selection center
26 that provides applicant screening for criminal justice
27 training schools, shall conduct a criminal history background
28 check of an applicant prior to entrance into the basic recruit
29 class. A complete set of fingerprints must be taken by an
30 authorized criminal justice agency or by an employee of the
31 criminal justice training school or selection center who is
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1 trained to take fingerprints. The criminal justice training
2 school or selection center shall submit the fingerprints to
3 the Florida Department of Law Enforcement for a statewide
4 criminal history check, and forward the fingerprints to the
5 Federal Bureau of Investigation for a national criminal
6 history check. Applicants found through fingerprint processing
7 to have pled guilty to or been convicted of a crime which
8 would render the applicant unable to meet the minimum
9 qualifications for employment as an officer as specified in s.
10 943.13(4) shall be removed from the pool of qualified
11 candidates by the criminal justice training school or
12 selection center.
13 (8)(9)(a) If a criminal justice training school or
14 person violates this section, or any rule adopted pursuant
15 hereto, the Department of Legal Affairs, at the request of the
16 chair of the commission, shall apply to the circuit court in
17 the county in which the violation or violations occurred for
18 injunctive relief prohibiting the criminal justice training
19 school or person from operating contrary to this section.
20 (b)1. In addition to any injunctive relief available
21 under paragraph (a), the commission may impose a civil fine
22 upon any criminal justice training school or person who
23 violates subsection (1) or subsection (5), or any rule adopted
24 pursuant thereto, of up to $10,000 for each violation, which
25 fine shall be paid into the Criminal Justice Standards and
26 Training Trust Fund. The commission may impose a civil fine
27 upon any criminal justice training school or person who
28 violates subsection (2), subsection (3), or subsection (4), or
29 any rule adopted pursuant thereto, of up to $1,000 for each
30 violation, which fine shall be paid into the Criminal Justice
31 Standards and Training Trust Fund.
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1 2. A proceeding under this paragraph shall comply with
2 the provisions of chapter 120, and the final order of the
3 commission constitutes final agency action for the purposes of
4 chapter 120. When the commission imposes a civil fine and the
5 fine is not paid within a reasonable time, the Department of
6 Legal Affairs, at the request of the chair of the commission,
7 shall bring a civil action under the provisions of s. 120.69
8 to recover the fine. The commission and the Department of
9 Legal Affairs are not required to post any bond in any
10 proceeding herein.
11 Section 62. Subsection (1) of section 943.17, Florida
12 Statutes, is amended to read:
13 943.17 Basic recruit, advanced, and career development
14 training programs; participation; cost; evaluation.--The
15 commission shall, by rule, design, implement, maintain,
16 evaluate, and revise entry requirements, job-related
17 curricula, and performance standards for basic recruit,
18 advanced, and career development training programs and
19 courses. The rules shall include, but are not limited to, a
20 methodology to assess relevance of the subject matter to the
21 job, student performance, and instructor competency.
22 (1) The commission shall:
23 (a) Design, implement, maintain, evaluate, and revise
24 or adopt a basic recruit training program for the purpose of
25 providing minimum employment training qualifications for all
26 officers to be employed or appointed in each discipline.
27 (b) Design, implement, maintain, evaluate, and revise
28 or adopt an advanced training program which is limited to
29 those courses enhancing an officer's knowledge, skills, and
30 abilities for the job he or she performs.
31 (c) Design, implement, maintain, evaluate, and revise
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1 or adopt a career development training program which is
2 limited to those courses related to promotion to a higher rank
3 or position. Career development courses will not be eligible
4 for funding as provided in s. 943.25(9).
5 (d) Design, implement, maintain, evaluate, or adopt a
6 specialized training program, consisting of identified goals
7 and objectives that enhance an officer's ability to perform
8 the duties of his or her job. For any existing or newly
9 established course, adopt an examination and assessment
10 instrument that is job-related and measures an officer's
11 acquisition of knowledge, skills, and abilities. An
12 acceptable level of measurable student performance shall also
13 be developed for each course.
14 Section 63. Subsection (2) of section 943.173, Florida
15 Statutes, is amended to read:
16 943.173 Examinations; administration; materials not
17 public records; disposal of materials.--
18 (2) Each advanced and career development course
19 examination adopted by the commission shall be administered at
20 a certified criminal justice training school under the
21 supervision of the training center director.
22 Section 64. Section 943.175, Florida Statutes, is
23 amended to read:
24 943.175 Inservice and specialized training.--
25 (1) Inservice training programs, consisting of courses
26 established, implemented, and evaluated by an employing
27 agency, are the responsibility of the employing agency.
28 Inservice Specialized training programs, consisting of courses
29 established, implemented, and evaluated by a criminal justice
30 training school, are the responsibility of the criminal
31 justice training school. Inservice and specialized training
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1 programs or courses need not be approved by the commission.
2 (2) The commission shall, by rule, establish
3 procedures and criteria whereby an employing agency or
4 criminal justice training school seeking commission approval
5 of a specialized training program or course must submit the
6 program or course to the commission for evaluation. The
7 procedures and criteria shall include, but are not limited to,
8 a demonstration of job relevance and quality of instruction.
9 (2)(3) Inservice or specialized training courses or
10 programs shall not be part of the programs or courses
11 established by the commission pursuant to s. 943.17, nor shall
12 they be used to qualify an officer for salary incentive
13 payment provided under s. 943.22.
14 Section 65. Paragraph (a) of subsection (1) of section
15 943.22, Florida Statutes, is amended to read:
16 943.22 Salary incentive program for full-time
17 officers.--
18 (1) For the purpose of this section, the term:
19 (a) "Accredited college, university, or community
20 college" means a college, university, or community college
21 which has been accredited by the Southern Association of
22 Colleges and Schools or, another regional accrediting agency,
23 or the American Association of Collegiate Registrars and
24 Admissions Officers.
25 Section 66. Subsection (6) of section 943.25, Florida
26 Statutes, is amended to read:
27 943.25 Criminal justice trust funds; source of funds;
28 use of funds.--
29 (6) No Training, room, or board cost may not be
30 assessed against any officer or employing agency for any
31 advanced and specialized training course funded from the
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1 Criminal Justice Standards and Training Trust Fund and offered
2 through a criminal justice training school certified by the
3 commission. Such expenses shall be paid from the trust fund
4 and are not reimbursable by the officer. Travel costs to and
5 from the training site are the responsibility of the trainee
6 or employing agency. Any compensation, including, but not
7 limited to, salaries and benefits, paid to any person during
8 the period of training shall be fixed and determined by the
9 employing agency; and such compensation shall be paid directly
10 to the person.
11 (a) The commission shall develop a policy of
12 reciprocal payment for training officers from regions other
13 than the region providing the training.
14 (b) An officer who is not employed or appointed by an
15 employing agency of this state may attend a course funded by
16 the trust fund, provided the officer is required to pay to the
17 criminal justice training school all training costs incurred
18 for her or his attendance.
19 Section 67. Section 316.640, Florida Statutes, is
20 amended to read:
21 316.640 Enforcement.--The enforcement of the traffic
22 laws of this state is vested as follows:
23 (1) STATE.--
24 (a)1.a. The Division of Florida Highway Patrol of the
25 Department of Highway Safety and Motor Vehicles, the Division
26 of Law Enforcement of the Fish and Wildlife Conservation
27 Commission, the Division of Law Enforcement of the Department
28 of Environmental Protection, and law enforcement officers of
29 the Department of Transportation each have authority to
30 enforce all of the traffic laws of this state on all the
31 streets and highways thereof and elsewhere throughout the
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1 state wherever the public has a right to travel by motor
2 vehicle. The Division of the Florida Highway Patrol may employ
3 as a traffic accident investigation officer any individual who
4 successfully completes at least 200 hours of instruction in
5 traffic accident investigation and court presentation through
6 the Selective Traffic Enforcement Program as approved by the
7 Criminal Justice Standards and Training Commission and funded
8 through the National Highway Traffic Safety Administration or
9 a similar program approved by the commission, but who does not
10 necessarily meet the uniform minimum standards established by
11 the commission for law enforcement officers or auxiliary law
12 enforcement officers under chapter 943. Any such traffic
13 accident investigation officer who makes an investigation at
14 the scene of a traffic accident may issue traffic citations,
15 based upon personal investigation, when he or she has
16 reasonable and probable grounds to believe that a person who
17 was involved in the accident committed an offense under this
18 chapter, chapter 319, chapter 320, or chapter 322 in
19 connection with the accident. This paragraph does not permit
20 the carrying of firearms or other weapons, nor do such
21 officers have arrest authority other than for the issuance of
22 a traffic citation as authorized in this paragraph.
23 b. University police officers shall have authority to
24 enforce all of the traffic laws of this state when such
25 violations occur on or about any property or facilities that
26 are under the guidance, supervision, regulation, or control of
27 the State University System, except that traffic laws may be
28 enforced off-campus when hot pursuit originates on-campus.
29 c. Community college police officers shall have the
30 authority to enforce all the traffic laws of this state only
31 when such violations occur on any property or facilities that
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1 are under the guidance, supervision, regulation, or control of
2 the community college system.
3 d. Police officers employed by an airport authority
4 shall have the authority to enforce all of the traffic laws of
5 this state only when such violations occur on any property or
6 facilities that are owned or operated by an airport authority.
7 (I) An airport authority may employ as a parking
8 enforcement specialist any individual who successfully
9 completes a training program established and approved by the
10 Criminal Justice Standards and Training Commission for parking
11 enforcement specialists but who does not otherwise meet the
12 uniform minimum standards established by the commission for
13 law enforcement officers or auxiliary or part-time officers
14 under s. 943.12. Nothing in this sub-sub-subparagraph shall be
15 construed to permit the carrying of firearms or other weapons,
16 nor shall such parking enforcement specialist have arrest
17 authority.
18 (II) A parking enforcement specialist employed by an
19 airport authority is authorized to enforce all state, county,
20 and municipal laws and ordinances governing parking only when
21 such violations are on property or facilities owned or
22 operated by the airport authority employing the specialist, by
23 appropriate state, county, or municipal traffic citation.
24 e. The Office of Agricultural Law Enforcement of the
25 Department of Agriculture and Consumer Services shall have the
26 authority to enforce traffic laws of this state only as
27 authorized by the provisions of chapter 570. However, nothing
28 in this section shall expand the authority of the Office of
29 Agricultural Law Enforcement at its agricultural inspection
30 stations to issue any traffic tickets except those traffic
31 tickets for vehicles illegally passing the inspection station.
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1 f. School safety officers shall have the authority to
2 enforce all of the traffic laws of this state when such
3 violations occur on or about any property or facilities which
4 are under the guidance, supervision, regulation, or control of
5 the district school board.
6 2. An agency of the state as described in subparagraph
7 1. is prohibited from establishing a traffic citation quota. A
8 violation of this subparagraph is not subject to the penalties
9 provided in chapter 318.
10 3. Any disciplinary action taken or performance
11 evaluation conducted by an agency of the state as described in
12 subparagraph 1. of a law enforcement officer's traffic
13 enforcement activity must be in accordance with written
14 work-performance standards. Such standards must be approved by
15 the agency and any collective bargaining unit representing
16 such law enforcement officer. A violation of this subparagraph
17 is not subject to the penalties provided in chapter 318.
18 (b)1. The Department of Transportation has authority
19 to enforce on all the streets and highways of this state all
20 laws applicable within its authority.
21 2.a. The Department of Transportation shall develop
22 training and qualifications standards for toll enforcement
23 officers whose sole authority is to enforce the payment of
24 tolls pursuant to s. 316.1001. Nothing in this subparagraph
25 shall be construed to permit the carrying of firearms or other
26 weapons, nor shall a toll enforcement officer have arrest
27 authority.
28 b. For the purpose of enforcing s. 316.1001,
29 governmental entities, as defined in s. 334.03, which own or
30 operate a toll facility may employ independent contractors or
31 designate employees as toll enforcement officers; however, any
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1 such toll enforcement officer must successfully meet the
2 training and qualifications standards for toll enforcement
3 officers established by the Department of Transportation.
4 (2) COUNTIES.--
5 (a) The sheriff's office of each of the several
6 counties of this state shall enforce all of the traffic laws
7 of this state on all the streets and highways thereof and
8 elsewhere throughout the county wherever the public has the
9 right to travel by motor vehicle. In addition, the sheriff's
10 office may be required by the county to enforce the traffic
11 laws of this state on any private or limited access road or
12 roads over which the county has jurisdiction pursuant to a
13 written agreement entered into under s. 316.006(3)(b).
14 (b) The sheriff's office of each county may employ as
15 a traffic crash investigation officer any individual who
16 successfully completes at least 200 hours of instruction in
17 traffic crash investigation and court presentation through the
18 Selective Traffic Enforcement Program (STEP) as approved by
19 the Criminal Justice Standards and Training Commission and
20 funded through the National Highway Traffic Safety
21 Administration (NHTSA) or a similar program approved by the
22 commission, but who does not necessarily otherwise meet the
23 uniform minimum standards established by the commission for
24 law enforcement officers or auxiliary law enforcement officers
25 under chapter 943. Any such traffic crash investigation
26 officer who makes an investigation at the scene of a traffic
27 crash may issue traffic citations when, based upon personal
28 investigation, he or she has reasonable and probable grounds
29 to believe that a person who was involved has committed an
30 offense under this chapter in connection with the crash. This
31 paragraph does not permit the carrying of firearms or other
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1 weapons, nor do such officers have arrest authority other than
2 for the issuance of a traffic citation as authorized in this
3 paragraph.
4 (c) The sheriff's office of each of the several
5 counties of this state may employ as a parking enforcement
6 specialist any individual who successfully completes a
7 training program established and approved by the Criminal
8 Justice Standards and Training Commission for parking
9 enforcement specialists, but who does not necessarily
10 otherwise meet the uniform minimum standards established by
11 the commission for law enforcement officers or auxiliary or
12 part-time officers under s. 943.12.
13 1. A parking enforcement specialist employed by the
14 sheriff's office of each of the several counties of this state
15 is authorized to enforce all state and county laws,
16 ordinances, regulations, and official signs governing parking
17 within the unincorporated areas of the county by appropriate
18 state or county citation and may issue such citations for
19 parking in violation of signs erected pursuant to s.
20 316.006(3) at parking areas located on property owned or
21 leased by a county, whether or not such areas are within the
22 boundaries of a chartered municipality.
23 2. A parking enforcement specialist employed pursuant
24 to this subsection shall not carry firearms or other weapons
25 or have arrest authority.
26 (3) MUNICIPALITIES.--
27 (a) The police department of each chartered
28 municipality shall enforce the traffic laws of this state on
29 all the streets and highways thereof and elsewhere throughout
30 the municipality wherever the public has the right to travel
31 by motor vehicle. In addition, the police department may be
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1 required by a municipality to enforce the traffic laws of this
2 state on any private or limited access road or roads over
3 which the municipality has jurisdiction pursuant to a written
4 agreement entered into under s. 316.006(2)(b). However,
5 nothing in this chapter shall affect any law, general,
6 special, or otherwise, in effect on January 1, 1972, relating
7 to "hot pursuit" without the boundaries of the municipality.
8 (b) The police department of a chartered municipality
9 may employ as a traffic crash investigation officer any
10 individual who successfully completes at least 200 hours of
11 instruction in traffic crash investigation and court
12 presentation through the Selective Traffic Enforcement Program
13 (STEP) as approved by the Criminal Justice Standards and
14 Training Commission and funded through the National Highway
15 Traffic Safety Administration (NHTSA) or a similar program
16 approved by the commission, but who does not otherwise meet
17 the uniform minimum standards established by the commission
18 for law enforcement officers or auxiliary law enforcement
19 officers under chapter 943. Any such traffic crash
20 investigation officer who makes an investigation at the scene
21 of a traffic crash is authorized to issue traffic citations
22 when, based upon personal investigation, he or she has
23 reasonable and probable grounds to believe that a person
24 involved has committed an offense under the provisions of this
25 chapter in connection with the crash. Nothing in this
26 paragraph shall be construed to permit the carrying of
27 firearms or other weapons, nor shall such officers have arrest
28 authority other than for the issuance of a traffic citation as
29 authorized above.
30 (c)1. A chartered municipality or its authorized
31 agency or instrumentality may employ as a parking enforcement
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1 specialist any individual who successfully completes a
2 training program established and approved by the Criminal
3 Justice Standards and Training Commission for parking
4 enforcement specialists, but who does not otherwise meet the
5 uniform minimum standards established by the commission for
6 law enforcement officers or auxiliary or part-time officers
7 under s. 943.12.
8 2. A parking enforcement specialist employed by a
9 chartered municipality or its authorized agency or
10 instrumentality is authorized to enforce all state, county,
11 and municipal laws and ordinances governing parking within the
12 boundaries of the municipality employing the specialist, by
13 appropriate state, county, or municipal traffic citation.
14 Nothing in this paragraph shall be construed to permit the
15 carrying of firearms or other weapons, nor shall such a
16 parking enforcement specialist have arrest authority.
17 (4)(a) Any sheriff's department, or any police
18 department of a municipality, may employ as a traffic control
19 officer any individual who successfully completes at least 8
20 hours of instruction in traffic control procedures through a
21 program approved by the Division of Criminal Justice Standards
22 and Training of the Department of Law Enforcement, or through
23 a similar program offered by the local sheriff's department or
24 police department, but who does not necessarily otherwise meet
25 the uniform minimum standards established by the Criminal
26 Justice Standards and Training Commission for law enforcement
27 officers or auxiliary law enforcement officers under s.
28 943.13. A traffic control officer employed pursuant to this
29 subsection may direct traffic or operate a traffic control
30 device only at a fixed location and only upon the direction of
31 a fully qualified law enforcement officer; however, it is not
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1 necessary that the traffic control officer's duties be
2 performed under the immediate supervision of a fully qualified
3 law enforcement officer.
4 (b) In the case of a special event or activity in
5 relation to which a nongovernmental entity is paying for
6 traffic control on public streets, highways, or roads, traffic
7 control officers may be employed to perform such traffic
8 control responsibilities only when off-duty, full-time law
9 enforcement officers, as defined in s. 943.10(1), are
10 unavailable to perform those responsibilities. However, this
11 paragraph may not be construed to limit the use of traffic
12 infraction enforcement officers for traffic enforcement
13 purposes.
14 (c) This subsection does not permit the carrying of
15 firearms or other weapons, nor do traffic control officers
16 have arrest authority.
17 (5)(a) Any sheriff's department or police department
18 of a municipality may employ, as a traffic infraction
19 enforcement officer, any individual who successfully completes
20 at least 200 hours of instruction in traffic enforcement
21 procedures and court presentation through the Selective
22 Traffic Enforcement Program as approved by the Division of
23 Criminal Justice Standards and Training of the Department of
24 Law Enforcement, or through a similar program, but who does
25 not necessarily otherwise meet the uniform minimum standards
26 established by the Criminal Justice Standards and Training
27 Commission for law enforcement officers or auxiliary law
28 enforcement officers under s. 943.13. Any such traffic
29 infraction enforcement officer who observes the commission of
30 a traffic infraction or, in the case of a parking infraction,
31 who observes an illegally parked vehicle may issue a traffic
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1 citation for the infraction when, based upon personal
2 investigation, he or she has reasonable and probable grounds
3 to believe that an offense has been committed which
4 constitutes a noncriminal traffic infraction as defined in s.
5 318.14.
6 (b) The traffic enforcement officer shall be employed
7 in relationship to a selective traffic enforcement program at
8 a fixed location or as part of a crash investigation team at
9 the scene of a vehicle crash or in other types of traffic
10 infraction enforcement under the direction of a fully
11 qualified law enforcement officer; however, it is not
12 necessary that the traffic infraction enforcement officer's
13 duties be performed under the immediate supervision of a fully
14 qualified law enforcement officer.
15 (c) This subsection does not permit the carrying of
16 firearms or other weapons, nor do traffic infraction
17 enforcement officers have arrest authority other than the
18 authority to issue a traffic citation as provided in this
19 subsection.
20 (6) MOBILE HOME PARK RECREATION
21 DISTRICTS.--Notwithstanding subsection (2) or subsection (3),
22 the sheriff's office of each of the several counties of this
23 state and the police department of each chartered municipality
24 have authority, but are not required, to enforce the traffic
25 laws of this state on any way or place used for vehicular
26 traffic on a controlled access basis within a mobile home park
27 recreation district which has been created under s. 418.30 and
28 the recreational facilities of which district are open to the
29 general public.
30 (7) CONSTRUCTION OF CHAPTER 87-88, LAWS OF
31 FLORIDA.--For purposes of traffic control and enforcement,
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1 nothing in chapter 87-88, Laws of Florida, shall be construed
2 to classify any road which has been dedicated or impliedly
3 dedicated for public use, and which has been constructed and
4 is open to the use of the public for vehicular traffic, as a
5 private road or driveway.
6 (8) TRAFFIC ENFORCEMENT AGENCY.--Any agency or
7 governmental entity designated in subsection (1), subsection
8 (2), or subsection (3), including a university, a community
9 college, a school board, or an airport authority, is a traffic
10 enforcement agency for purposes of s. 316.650.
11
12 (Redesignate subsequent sections.)
13
14
15 ================ T I T L E A M E N D M E N T ===============
16 And the title is amended as follows:
17 On page 2, line 10, after the semicolon,
18
19 insert:
20 amending s. 943.12, F.S.; revising the powers
21 and duties of the commission relating to
22 certification of training schools and
23 instructors; amending s. 943.13, F.S.; allowing
24 employee physicals to be performed by physician
25 assistants; amending s. 943.131, F.S.;
26 providing alternative requirements for certain
27 applicants who seek exemptions from the
28 basic-recruit training program; amending s.
29 943.135, F.S.; eliminating a requirement that
30 the department provide remediation programs for
31 officers who cannot comply with continuing
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1 education requirements because of learning
2 disabilities; amending s. 943.1395, F.S.;
3 limiting the circumstances under which officers
4 may be registered and hold concurrent
5 certification; amending s. 943.14, F.S.;
6 deleting a requirement for commission approval
7 of certain courses; providing for staff to
8 approve certain diplomas or certificates;
9 eliminating an exemption from section
10 requirements for certain training schools and
11 programs; amending s. 943.17, F.S.; requiring
12 the commission to establish a specialized
13 training program; amending s. 943.173, F.S.;
14 conforming provisions amending s. 943.175,
15 F.S.; eliminating provisions governing
16 specialized training programs; amending s.
17 943.22, F.S.; redefining the term "accredited
18 college"; amending s. 943.25, F.S.; prohibiting
19 the assessment of certain costs against
20 officers or agencies for courses offered by
21 criminal justice training schools; amending s.
22 316.640, F.S.; specifying the training
23 requirement for certain persons employed as
24 traffic accident or crash investigation
25 officers or traffic infraction enforcement
26 officers;
27
28
29
30
31
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