SENATE AMENDMENT
    Bill No. CS for SB's 1708 & 1626
    Amendment No. ___   Barcode 961310
                            CHAMBER ACTION
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11  Senator Bronson moved the following amendment to amendment
12  (224440):
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14         Senate Amendment (with title amendment) 
15         On page 3, between lines 10 and 11,
16  
17  insert:  
18         Section 2.  Section 943.12, Florida Statutes, is
19  amended to read:
20         943.12  Powers, duties, and functions of the
21  commission.--The commission shall:
22         (1)  Adopt Promulgate rules for the administration of
23  ss. 943.085-943.255 pursuant to chapter 120.
24         (2)  Be responsible for the execution, administration,
25  implementation, and evaluation of its powers, duties, and
26  functions under ss. 943.085-943.255, including any rules
27  promulgated or policies established hereunder.
28         (3)  Certify, and revoke the certification of,
29  officers, instructors, and criminal justice training schools.
30         (4)  Establish uniform minimum employment standards for
31  the various criminal justice disciplines.
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SENATE AMENDMENT Bill No. CS for SB's 1708 & 1626 Amendment No. ___ Barcode 961310 1 (5) Establish uniform minimum training standards for 2 the training of officers in the various criminal justice 3 disciplines. 4 (6) Consult and cooperate with municipalities or the 5 state or any political subdivision of the state and with 6 universities, colleges, community colleges, and other 7 educational institutions concerning the development of 8 criminal justice training schools and programs or courses of 9 instruction, including, but not necessarily limited to, 10 education and training in the areas of criminal justice 11 administration and all allied and supporting disciplines. 12 (7) Conduct official inquiries or require criminal 13 justice training schools to conduct official inquiries of 14 Authorize the issuance of certificates for criminal justice 15 training instructors who are certified by the commission 16 schools. 17 (8) Establish minimum curricular requirements for 18 criminal justice training schools. 19 (9) Authorize the issuance of certificates for 20 instructors. 21 (9)(10) Make, publish, or encourage studies on any 22 aspect of criminal justice education and training or 23 recruitment, including the development of defensible and 24 job-related psychological, selection, and performance 25 evaluation tests. 26 (10)(11) With the approval of the head of the 27 department, make and enter into such contracts and agreements 28 with other agencies, organizations, associations, 29 corporations, individuals, or federal agencies as the 30 commission determines are necessary, expedient, or incidental 31 to the performance of its duties or the execution of its 2 5:06 PM 05/02/01 s1708c1c-18204
SENATE AMENDMENT Bill No. CS for SB's 1708 & 1626 Amendment No. ___ Barcode 961310 1 powers. 2 (11)(12) Provide to each commission member and, upon 3 request, to any sheriff, chief of police, state law 4 enforcement or correctional agency chief administrator, or 5 training center director or to any other concerned citizen 6 minutes of commission meetings and notices and agendas of 7 commission meetings. 8 (12)(13) Establish a central repository of records for 9 the proper administration of its duties, powers, and 10 functions. 11 (13)(14) Issue final orders which include findings of 12 fact and conclusions of law and which constitute final agency 13 action for the purpose of chapter 120. 14 (14)(15) Enforce compliance with provisions of this 15 chapter through injunctive relief and civil fines. 16 (15)(16) Make recommendations concerning any matter 17 within the purview of this chapter. 18 (16)(17) Adopt Promulgate rules for the certification 19 and discipline of officers who engage in those specialized 20 areas found to present a high risk of harm to the officer or 21 the public at large and which would in turn increase the 22 potential liability of an employing agency. 23 (17)(18) Implement, administer, maintain, and revise a 24 job-related officer certification examination for each 25 criminal justice discipline. The commission shall, by rule, 26 establish procedures for the administration of the officer 27 certification examinations. Further, the commission shall 28 establish standards for acceptable performance for each 29 officer certification examination. 30 Section 3. Subsection (6) of section 943.13, Florida 31 Statutes, is amended to read: 3 5:06 PM 05/02/01 s1708c1c-18204
SENATE AMENDMENT Bill No. CS for SB's 1708 & 1626 Amendment No. ___ Barcode 961310 1 943.13 Officers' minimum qualifications for employment 2 or appointment.--On or after October 1, 1984, any person 3 employed or appointed as a full-time, part-time, or auxiliary 4 law enforcement officer or correctional officer; on or after 5 October 1, 1986, any person employed as a full-time, 6 part-time, or auxiliary correctional probation officer; and on 7 or after October 1, 1986, any person employed as a full-time, 8 part-time, or auxiliary correctional officer by a private 9 entity under contract to the Department of Corrections, to a 10 county commission, or to the Correctional Privatization 11 Commission shall: 12 (6) Have passed a physical examination by a licensed 13 physician or physician assistant, based on specifications 14 established by the commission. 15 Section 4. Section 943.131, Florida Statutes, is 16 amended to read: 17 943.131 Temporary employment or appointment; minimum 18 basic recruit training exemption.-- 19 (1)(a) An employing agency may temporarily employ or 20 appoint a person who complies with the qualifications for 21 employment in s. 943.13(1)-(8), but has not fulfilled the 22 requirements of s. 943.13(9) and (10), if a critical need 23 exists to employ or appoint the person and such person is or 24 will be enrolled in the next approved basic recruit training 25 program available in the geographic area or that no assigned 26 state training program for state officers is available within 27 a reasonable time. The employing agency must maintain 28 documentation which demonstrates that a critical need exists 29 to employ a person pursuant to this section. Prior to the 30 employment or appointment of any person other than a 31 correctional probation officer under this subsection, the 4 5:06 PM 05/02/01 s1708c1c-18204
SENATE AMENDMENT Bill No. CS for SB's 1708 & 1626 Amendment No. ___ Barcode 961310 1 person shall comply with the firearms provisions established 2 pursuant to s. 943.17(1)(a). Any person temporarily employed 3 or appointed as an officer under this subsection must attend 4 the first training program offered in the geographic area, or 5 the first assigned state training program for a state officer, 6 subsequent to his or her employment or appointment. Further, 7 upon successful completion of the basic recruit training 8 program, any person temporarily employed or appointed as an 9 officer must fulfill the requirements of s. 943.13(10) within 10 180 consecutive days. 11 (b) In no case may the person be temporarily employed 12 or appointed for more than 180 consecutive days, and such 13 temporary employment or appointment is not renewable by the 14 employing agency or transferable to another employing agency. 15 However, a person who is temporarily employed or appointed and 16 is attending the first training program offered in the 17 geographic area, or has been assigned to a state training 18 program, may continue to be temporarily employed or appointed 19 until the person: 20 1. Successfully completes the basic recruit training 21 program and achieves an acceptable score on the officer 22 certification examination; 23 2. Fails or withdraws from a any course of the basic 24 recruit training program; 25 3. Fails to achieve an acceptable score on the officer 26 certification examination within 180 consecutive days after 27 the successful completion of the basic recruit training 28 program; or 29 4. Is separated from employment or appointment by the 30 employing agency. 31 (c) No person temporarily employed or appointed under 5 5:06 PM 05/02/01 s1708c1c-18204
SENATE AMENDMENT Bill No. CS for SB's 1708 & 1626 Amendment No. ___ Barcode 961310 1 the provisions of this subsection may perform the duties of an 2 officer unless he or she is adequately supervised by another 3 officer of the same discipline. The supervising officer must 4 be in full compliance with the provisions of s. 943.13 and 5 must be employed or appointed by the employing agency. 6 (2) If an applicant seeks an exemption from completing 7 a commission-approved basic recruit training program, the 8 employing agency must verify that the applicant has 9 successfully completed a comparable basic recruit training 10 program for the discipline in which the applicant is seeking 11 certification in another state or for the Federal Government. 12 Further, the employing agency must verify that the applicant 13 has served as a full-time sworn officer in another state or 14 for the Federal Government for at least one year. When the 15 employing agency obtains written documentation regarding the 16 applicant's criminal justice experience, the documentation 17 must be submitted to the commission. The commission shall 18 adopt rules that establish criteria and procedures to 19 determine if the applicant is exempt from completing the 20 commission-approved basic recruit training program and, upon 21 making a determination, shall notify the employing agency. An 22 If the applicant who is exempt from completing the 23 commission-approved basic recruit training program, the 24 applicant must demonstrate proficiency in the high-liability 25 areas, as defined by commission rule, and must complete the 26 requirements of s. 943.13(10) within 180 days after receiving 27 an exemption. If the proficiencies and requirements of s. 28 943.13(10) are not met within the 180 days, the applicant must 29 complete a commission-approved basic recruit training program 30 complete training, as required by the commission by rule, in 31 areas which include, but are not limited to, defensive 6 5:06 PM 05/02/01 s1708c1c-18204
SENATE AMENDMENT Bill No. CS for SB's 1708 & 1626 Amendment No. ___ Barcode 961310 1 driving, defensive tactics, firearms training, and first 2 responder training. Except as provided in subsection (1), 3 before the employing agency may employ or appoint the 4 applicant as an officer, the applicant must meet the minimum 5 qualifications described in s. 943.13(1)-(8), and must fulfill 6 the requirements of s. 943.13(10). 7 Section 5. Subsection (1) of section 943.135, Florida 8 Statutes, is amended to read: 9 943.135 Requirements for continued employment.-- 10 (1) The commission shall, by rule, adopt a program 11 that requires all officers, as a condition of continued 12 employment or appointment as officers, to receive periodic 13 commission-approved continuing training or education. Such 14 continuing training or education shall be required at the rate 15 of 40 hours every 4 years. No officer shall be denied a 16 reasonable opportunity by the employing agency to comply with 17 this section. The employing agency must document that the 18 continuing training or education is job-related and consistent 19 with the needs of the employing agency. The employing agency 20 must maintain and submit, or electronically transmit, the 21 documentation to the commission, in a format approved by the 22 commission. The rule shall also provide: 23 (a) Assistance to an employing agency in identifying 24 each affected officer, the date of his or her employment or 25 appointment, and his or her most recent date for successful 26 completion of continuing training or education; and 27 (b) A procedure for reactivation of the certification 28 of an officer who is not in compliance with this section.; and 29 (c) A remediation program supervised by the training 30 center director within the geographic area for any officer who 31 is attempting to comply with the provisions of this subsection 7 5:06 PM 05/02/01 s1708c1c-18204
SENATE AMENDMENT Bill No. CS for SB's 1708 & 1626 Amendment No. ___ Barcode 961310 1 and in whom learning disabilities are identified. The officer 2 shall be assigned nonofficer duties, without loss of employee 3 benefits, and the program shall not exceed 90 days. 4 Section 6. Subsection (2) of section 943.1395, Florida 5 Statutes, is amended to read: 6 943.1395 Certification for employment or appointment; 7 concurrent certification; reemployment or reappointment; 8 inactive status; revocation; suspension; investigation.-- 9 (2) An officer who is certified in one discipline and 10 who complies with s. 943.13 in another discipline shall hold 11 concurrent certification and may be assigned in either 12 discipline within his or her employing agency. However, the 13 officer may be registered and hold concurrent certification 14 only if the employing agency has authority to employ multiple 15 disciplines. 16 Section 7. Section 943.14, Florida Statutes, is 17 amended to read: 18 943.14 Commission-certified criminal justice training 19 schools; certificates and diplomas; exemptions; injunctive 20 relief; fines.-- 21 (1) Each criminal justice training school approved by 22 the commission shall obtain from the commission a certificate 23 of compliance, with rules of the commission, signed by the 24 chair of the commission. Any training or educational courses 25 which are taught in any criminal justice training school must 26 first be approved in writing by the commission. 27 (2) Any certificate or diploma issued by any criminal 28 justice training school which relates to completion, 29 graduation, or attendance in criminal justice training or 30 educational subjects, or related matters, must be approved by 31 the commission staff in the department's Criminal Justice 8 5:06 PM 05/02/01 s1708c1c-18204
SENATE AMENDMENT Bill No. CS for SB's 1708 & 1626 Amendment No. ___ Barcode 961310 1 Professionalism Program. 2 (3) The commission shall establish, by rule, 3 procedures for the certification and discipline of all 4 instructors in any criminal justice training school. 5 (4) Prior to the issuance of a certificate of 6 compliance, or as a condition of continuing certification, all 7 records of any criminal justice training school that relate to 8 training and all financial and personnel records of the school 9 shall be made available to the commission upon request. 10 (5) No private criminal justice training school may 11 include within its name the word "commission," "bureau," or 12 "division" together with the word "Florida" or "state," the 13 name of any county or municipality, or any misleading 14 derivative thereof which might be construed to represent a 15 government agency or an entity authorized by a government 16 agency. 17 (6) Criminal justice training schools and courses 18 which are licensed and operated in accordance with the rules 19 of the State Board of Education and the rules of the 20 commission are exempt from the requirements of subsections 21 (1)-(5). However, any school which instructs approved 22 commission courses must meet the requirements of subsections 23 (1)-(5). 24 (6)(7)(a) Commission-approved correctional probation 25 courses and subjects which are taught by Florida 4-year 26 accredited colleges and universities are exempt from 27 subsections (1)-(6) (1)-(5) except for such documentation 28 which may be required by the commission. The commission 29 retains control over the content of courses and subjects 30 covered by this subsection as specified in s. 943.17(1)(a). 31 Florida 4-year accredited colleges and universities must 9 5:06 PM 05/02/01 s1708c1c-18204
SENATE AMENDMENT Bill No. CS for SB's 1708 & 1626 Amendment No. ___ Barcode 961310 1 obtain approval from the commission prior to offering 2 correctional probation courses. Florida 4-year accredited 3 colleges and universities offering the Correctional Probation 4 Training Program shall teach the learning objectives specified 5 by the commission. The administration of the commission's 6 Correctional Probation Training Program within a Florida 7 4-year accredited college or university shall fall within the 8 institution's established guidelines for course delivery and 9 student attendance. The Florida 4-year accredited college or 10 university shall provide to the commission and to the student 11 proof of successful completion of all the approved objectives 12 required by the commission for the academic courses approved 13 for the Correctional Probation Training Program. The 14 commission-certified training school administering the 15 commission-required correctional probation high-liability 16 training shall provide to the commission and to the student 17 proof of successful completion of all approved objectives. 18 (b) All other criminal justice sciences or 19 administration courses or subjects which are a part of the 20 curriculum of any accredited college, university, community 21 college, or vocational-technical center of this state, and all 22 full-time instructors of such institutions, are exempt from 23 the provisions of subsections (1)-(5). 24 (7)(8) Each criminal justice training school that 25 offers law enforcement, correctional, or correctional 26 probation officer basic recruit training, or selection center 27 that provides applicant screening for criminal justice 28 training schools, shall conduct a criminal history background 29 check of an applicant prior to entrance into the basic recruit 30 class. A complete set of fingerprints must be taken by an 31 authorized criminal justice agency or by an employee of the 10 5:06 PM 05/02/01 s1708c1c-18204
SENATE AMENDMENT Bill No. CS for SB's 1708 & 1626 Amendment No. ___ Barcode 961310 1 criminal justice training school or selection center who is 2 trained to take fingerprints. The criminal justice training 3 school or selection center shall submit the fingerprints to 4 the Florida Department of Law Enforcement for a statewide 5 criminal history check, and forward the fingerprints to the 6 Federal Bureau of Investigation for a national criminal 7 history check. Applicants found through fingerprint processing 8 to have pled guilty to or been convicted of a crime which 9 would render the applicant unable to meet the minimum 10 qualifications for employment as an officer as specified in s. 11 943.13(4) shall be removed from the pool of qualified 12 candidates by the criminal justice training school or 13 selection center. 14 (8)(9)(a) If a criminal justice training school or 15 person violates this section, or any rule adopted pursuant 16 hereto, the Department of Legal Affairs, at the request of the 17 chair of the commission, shall apply to the circuit court in 18 the county in which the violation or violations occurred for 19 injunctive relief prohibiting the criminal justice training 20 school or person from operating contrary to this section. 21 (b)1. In addition to any injunctive relief available 22 under paragraph (a), the commission may impose a civil fine 23 upon any criminal justice training school or person who 24 violates subsection (1) or subsection (5), or any rule adopted 25 pursuant thereto, of up to $10,000 for each violation, which 26 fine shall be paid into the Criminal Justice Standards and 27 Training Trust Fund. The commission may impose a civil fine 28 upon any criminal justice training school or person who 29 violates subsection (2), subsection (3), or subsection (4), or 30 any rule adopted pursuant thereto, of up to $1,000 for each 31 violation, which fine shall be paid into the Criminal Justice 11 5:06 PM 05/02/01 s1708c1c-18204
SENATE AMENDMENT Bill No. CS for SB's 1708 & 1626 Amendment No. ___ Barcode 961310 1 Standards and Training Trust Fund. 2 2. A proceeding under this paragraph shall comply with 3 the provisions of chapter 120, and the final order of the 4 commission constitutes final agency action for the purposes of 5 chapter 120. When the commission imposes a civil fine and the 6 fine is not paid within a reasonable time, the Department of 7 Legal Affairs, at the request of the chair of the commission, 8 shall bring a civil action under the provisions of s. 120.69 9 to recover the fine. The commission and the Department of 10 Legal Affairs are not required to post any bond in any 11 proceeding herein. 12 Section 8. Subsection (1) of section 943.17, Florida 13 Statutes, is amended to read: 14 943.17 Basic recruit, advanced, and career development 15 training programs; participation; cost; evaluation.--The 16 commission shall, by rule, design, implement, maintain, 17 evaluate, and revise entry requirements, job-related 18 curricula, and performance standards for basic recruit, 19 advanced, and career development training programs and 20 courses. The rules shall include, but are not limited to, a 21 methodology to assess relevance of the subject matter to the 22 job, student performance, and instructor competency. 23 (1) The commission shall: 24 (a) Design, implement, maintain, evaluate, and revise 25 or adopt a basic recruit training program for the purpose of 26 providing minimum employment training qualifications for all 27 officers to be employed or appointed in each discipline. 28 (b) Design, implement, maintain, evaluate, and revise 29 or adopt an advanced training program which is limited to 30 those courses enhancing an officer's knowledge, skills, and 31 abilities for the job he or she performs. 12 5:06 PM 05/02/01 s1708c1c-18204
SENATE AMENDMENT Bill No. CS for SB's 1708 & 1626 Amendment No. ___ Barcode 961310 1 (c) Design, implement, maintain, evaluate, and revise 2 or adopt a career development training program which is 3 limited to those courses related to promotion to a higher rank 4 or position. Career development courses will not be eligible 5 for funding as provided in s. 943.25(9). 6 (d) Design, implement, maintain, evaluate, or adopt a 7 specialized training program, consisting of identified goals 8 and objectives that enhance an officer's ability to perform 9 the duties of his or her job. For any existing or newly 10 established course, adopt an examination and assessment 11 instrument that is job-related and measures an officer's 12 acquisition of knowledge, skills, and abilities. An 13 acceptable level of measurable student performance shall also 14 be developed for each course. 15 Section 9. Subsection (2) of section 943.173, Florida 16 Statutes, is amended to read: 17 943.173 Examinations; administration; materials not 18 public records; disposal of materials.-- 19 (2) Each advanced and career development course 20 examination adopted by the commission shall be administered at 21 a certified criminal justice training school under the 22 supervision of the training center director. 23 Section 10. Section 943.175, Florida Statutes, is 24 amended to read: 25 943.175 Inservice and specialized training.-- 26 (1) Inservice training programs, consisting of courses 27 established, implemented, and evaluated by an employing 28 agency, are the responsibility of the employing agency. 29 Inservice Specialized training programs, consisting of courses 30 established, implemented, and evaluated by a criminal justice 31 training school, are the responsibility of the criminal 13 5:06 PM 05/02/01 s1708c1c-18204
SENATE AMENDMENT Bill No. CS for SB's 1708 & 1626 Amendment No. ___ Barcode 961310 1 justice training school. Inservice and specialized training 2 programs or courses need not be approved by the commission. 3 (2) The commission shall, by rule, establish 4 procedures and criteria whereby an employing agency or 5 criminal justice training school seeking commission approval 6 of a specialized training program or course must submit the 7 program or course to the commission for evaluation. The 8 procedures and criteria shall include, but are not limited to, 9 a demonstration of job relevance and quality of instruction. 10 (2)(3) Inservice or specialized training courses or 11 programs shall not be part of the programs or courses 12 established by the commission pursuant to s. 943.17, nor shall 13 they be used to qualify an officer for salary incentive 14 payment provided under s. 943.22. 15 Section 11. Paragraph (a) of subsection (1) of section 16 943.22, Florida Statutes, is amended to read: 17 943.22 Salary incentive program for full-time 18 officers.-- 19 (1) For the purpose of this section, the term: 20 (a) "Accredited college, university, or community 21 college" means a college, university, or community college 22 which has been accredited by the Southern Association of 23 Colleges and Schools or, another regional accrediting agency, 24 or the American Association of Collegiate Registrars and 25 Admissions Officers. 26 Section 12. Subsection (6) of section 943.25, Florida 27 Statutes, is amended to read: 28 943.25 Criminal justice trust funds; source of funds; 29 use of funds.-- 30 (6) No Training, room, or board cost may not be 31 assessed against any officer or employing agency for any 14 5:06 PM 05/02/01 s1708c1c-18204
SENATE AMENDMENT Bill No. CS for SB's 1708 & 1626 Amendment No. ___ Barcode 961310 1 advanced and specialized training course funded from the 2 Criminal Justice Standards and Training Trust Fund and offered 3 through a criminal justice training school certified by the 4 commission. Such expenses shall be paid from the trust fund 5 and are not reimbursable by the officer. Travel costs to and 6 from the training site are the responsibility of the trainee 7 or employing agency. Any compensation, including, but not 8 limited to, salaries and benefits, paid to any person during 9 the period of training shall be fixed and determined by the 10 employing agency; and such compensation shall be paid directly 11 to the person. 12 (a) The commission shall develop a policy of 13 reciprocal payment for training officers from regions other 14 than the region providing the training. 15 (b) An officer who is not employed or appointed by an 16 employing agency of this state may attend a course funded by 17 the trust fund, provided the officer is required to pay to the 18 criminal justice training school all training costs incurred 19 for her or his attendance. 20 Section 13. Section 316.640, Florida Statutes, is 21 amended to read: 22 316.640 Enforcement.--The enforcement of the traffic 23 laws of this state is vested as follows: 24 (1) STATE.-- 25 (a)1.a. The Division of Florida Highway Patrol of the 26 Department of Highway Safety and Motor Vehicles, the Division 27 of Law Enforcement of the Fish and Wildlife Conservation 28 Commission, the Division of Law Enforcement of the Department 29 of Environmental Protection, and law enforcement officers of 30 the Department of Transportation each have authority to 31 enforce all of the traffic laws of this state on all the 15 5:06 PM 05/02/01 s1708c1c-18204
SENATE AMENDMENT Bill No. CS for SB's 1708 & 1626 Amendment No. ___ Barcode 961310 1 streets and highways thereof and elsewhere throughout the 2 state wherever the public has a right to travel by motor 3 vehicle. The Division of the Florida Highway Patrol may employ 4 as a traffic accident investigation officer any individual who 5 successfully completes at least 200 hours of instruction in 6 traffic accident investigation and court presentation through 7 the Selective Traffic Enforcement Program as approved by the 8 Criminal Justice Standards and Training Commission and funded 9 through the National Highway Traffic Safety Administration or 10 a similar program approved by the commission, but who does not 11 necessarily meet the uniform minimum standards established by 12 the commission for law enforcement officers or auxiliary law 13 enforcement officers under chapter 943. Any such traffic 14 accident investigation officer who makes an investigation at 15 the scene of a traffic accident may issue traffic citations, 16 based upon personal investigation, when he or she has 17 reasonable and probable grounds to believe that a person who 18 was involved in the accident committed an offense under this 19 chapter, chapter 319, chapter 320, or chapter 322 in 20 connection with the accident. This paragraph does not permit 21 the carrying of firearms or other weapons, nor do such 22 officers have arrest authority other than for the issuance of 23 a traffic citation as authorized in this paragraph. 24 b. University police officers shall have authority to 25 enforce all of the traffic laws of this state when such 26 violations occur on or about any property or facilities that 27 are under the guidance, supervision, regulation, or control of 28 the State University System, except that traffic laws may be 29 enforced off-campus when hot pursuit originates on-campus. 30 c. Community college police officers shall have the 31 authority to enforce all the traffic laws of this state only 16 5:06 PM 05/02/01 s1708c1c-18204
SENATE AMENDMENT Bill No. CS for SB's 1708 & 1626 Amendment No. ___ Barcode 961310 1 when such violations occur on any property or facilities that 2 are under the guidance, supervision, regulation, or control of 3 the community college system. 4 d. Police officers employed by an airport authority 5 shall have the authority to enforce all of the traffic laws of 6 this state only when such violations occur on any property or 7 facilities that are owned or operated by an airport authority. 8 (I) An airport authority may employ as a parking 9 enforcement specialist any individual who successfully 10 completes a training program established and approved by the 11 Criminal Justice Standards and Training Commission for parking 12 enforcement specialists but who does not otherwise meet the 13 uniform minimum standards established by the commission for 14 law enforcement officers or auxiliary or part-time officers 15 under s. 943.12. Nothing in this sub-sub-subparagraph shall be 16 construed to permit the carrying of firearms or other weapons, 17 nor shall such parking enforcement specialist have arrest 18 authority. 19 (II) A parking enforcement specialist employed by an 20 airport authority is authorized to enforce all state, county, 21 and municipal laws and ordinances governing parking only when 22 such violations are on property or facilities owned or 23 operated by the airport authority employing the specialist, by 24 appropriate state, county, or municipal traffic citation. 25 e. The Office of Agricultural Law Enforcement of the 26 Department of Agriculture and Consumer Services shall have the 27 authority to enforce traffic laws of this state only as 28 authorized by the provisions of chapter 570. However, nothing 29 in this section shall expand the authority of the Office of 30 Agricultural Law Enforcement at its agricultural inspection 31 stations to issue any traffic tickets except those traffic 17 5:06 PM 05/02/01 s1708c1c-18204
SENATE AMENDMENT Bill No. CS for SB's 1708 & 1626 Amendment No. ___ Barcode 961310 1 tickets for vehicles illegally passing the inspection station. 2 f. School safety officers shall have the authority to 3 enforce all of the traffic laws of this state when such 4 violations occur on or about any property or facilities which 5 are under the guidance, supervision, regulation, or control of 6 the district school board. 7 2. An agency of the state as described in subparagraph 8 1. is prohibited from establishing a traffic citation quota. A 9 violation of this subparagraph is not subject to the penalties 10 provided in chapter 318. 11 3. Any disciplinary action taken or performance 12 evaluation conducted by an agency of the state as described in 13 subparagraph 1. of a law enforcement officer's traffic 14 enforcement activity must be in accordance with written 15 work-performance standards. Such standards must be approved by 16 the agency and any collective bargaining unit representing 17 such law enforcement officer. A violation of this subparagraph 18 is not subject to the penalties provided in chapter 318. 19 (b)1. The Department of Transportation has authority 20 to enforce on all the streets and highways of this state all 21 laws applicable within its authority. 22 2.a. The Department of Transportation shall develop 23 training and qualifications standards for toll enforcement 24 officers whose sole authority is to enforce the payment of 25 tolls pursuant to s. 316.1001. Nothing in this subparagraph 26 shall be construed to permit the carrying of firearms or other 27 weapons, nor shall a toll enforcement officer have arrest 28 authority. 29 b. For the purpose of enforcing s. 316.1001, 30 governmental entities, as defined in s. 334.03, which own or 31 operate a toll facility may employ independent contractors or 18 5:06 PM 05/02/01 s1708c1c-18204
SENATE AMENDMENT Bill No. CS for SB's 1708 & 1626 Amendment No. ___ Barcode 961310 1 designate employees as toll enforcement officers; however, any 2 such toll enforcement officer must successfully meet the 3 training and qualifications standards for toll enforcement 4 officers established by the Department of Transportation. 5 (2) COUNTIES.-- 6 (a) The sheriff's office of each of the several 7 counties of this state shall enforce all of the traffic laws 8 of this state on all the streets and highways thereof and 9 elsewhere throughout the county wherever the public has the 10 right to travel by motor vehicle. In addition, the sheriff's 11 office may be required by the county to enforce the traffic 12 laws of this state on any private or limited access road or 13 roads over which the county has jurisdiction pursuant to a 14 written agreement entered into under s. 316.006(3)(b). 15 (b) The sheriff's office of each county may employ as 16 a traffic crash investigation officer any individual who 17 successfully completes at least 200 hours of instruction in 18 traffic crash investigation and court presentation through the 19 Selective Traffic Enforcement Program (STEP) as approved by 20 the Criminal Justice Standards and Training Commission and 21 funded through the National Highway Traffic Safety 22 Administration (NHTSA) or a similar program approved by the 23 commission, but who does not necessarily otherwise meet the 24 uniform minimum standards established by the commission for 25 law enforcement officers or auxiliary law enforcement officers 26 under chapter 943. Any such traffic crash investigation 27 officer who makes an investigation at the scene of a traffic 28 crash may issue traffic citations when, based upon personal 29 investigation, he or she has reasonable and probable grounds 30 to believe that a person who was involved has committed an 31 offense under this chapter in connection with the crash. This 19 5:06 PM 05/02/01 s1708c1c-18204
SENATE AMENDMENT Bill No. CS for SB's 1708 & 1626 Amendment No. ___ Barcode 961310 1 paragraph does not permit the carrying of firearms or other 2 weapons, nor do such officers have arrest authority other than 3 for the issuance of a traffic citation as authorized in this 4 paragraph. 5 (c) The sheriff's office of each of the several 6 counties of this state may employ as a parking enforcement 7 specialist any individual who successfully completes a 8 training program established and approved by the Criminal 9 Justice Standards and Training Commission for parking 10 enforcement specialists, but who does not necessarily 11 otherwise meet the uniform minimum standards established by 12 the commission for law enforcement officers or auxiliary or 13 part-time officers under s. 943.12. 14 1. A parking enforcement specialist employed by the 15 sheriff's office of each of the several counties of this state 16 is authorized to enforce all state and county laws, 17 ordinances, regulations, and official signs governing parking 18 within the unincorporated areas of the county by appropriate 19 state or county citation and may issue such citations for 20 parking in violation of signs erected pursuant to s. 21 316.006(3) at parking areas located on property owned or 22 leased by a county, whether or not such areas are within the 23 boundaries of a chartered municipality. 24 2. A parking enforcement specialist employed pursuant 25 to this subsection shall not carry firearms or other weapons 26 or have arrest authority. 27 (3) MUNICIPALITIES.-- 28 (a) The police department of each chartered 29 municipality shall enforce the traffic laws of this state on 30 all the streets and highways thereof and elsewhere throughout 31 the municipality wherever the public has the right to travel 20 5:06 PM 05/02/01 s1708c1c-18204
SENATE AMENDMENT Bill No. CS for SB's 1708 & 1626 Amendment No. ___ Barcode 961310 1 by motor vehicle. In addition, the police department may be 2 required by a municipality to enforce the traffic laws of this 3 state on any private or limited access road or roads over 4 which the municipality has jurisdiction pursuant to a written 5 agreement entered into under s. 316.006(2)(b). However, 6 nothing in this chapter shall affect any law, general, 7 special, or otherwise, in effect on January 1, 1972, relating 8 to "hot pursuit" without the boundaries of the municipality. 9 (b) The police department of a chartered municipality 10 may employ as a traffic crash investigation officer any 11 individual who successfully completes at least 200 hours of 12 instruction in traffic crash investigation and court 13 presentation through the Selective Traffic Enforcement Program 14 (STEP) as approved by the Criminal Justice Standards and 15 Training Commission and funded through the National Highway 16 Traffic Safety Administration (NHTSA) or a similar program 17 approved by the commission, but who does not otherwise meet 18 the uniform minimum standards established by the commission 19 for law enforcement officers or auxiliary law enforcement 20 officers under chapter 943. Any such traffic crash 21 investigation officer who makes an investigation at the scene 22 of a traffic crash is authorized to issue traffic citations 23 when, based upon personal investigation, he or she has 24 reasonable and probable grounds to believe that a person 25 involved has committed an offense under the provisions of this 26 chapter in connection with the crash. Nothing in this 27 paragraph shall be construed to permit the carrying of 28 firearms or other weapons, nor shall such officers have arrest 29 authority other than for the issuance of a traffic citation as 30 authorized above. 31 (c)1. A chartered municipality or its authorized 21 5:06 PM 05/02/01 s1708c1c-18204
SENATE AMENDMENT Bill No. CS for SB's 1708 & 1626 Amendment No. ___ Barcode 961310 1 agency or instrumentality may employ as a parking enforcement 2 specialist any individual who successfully completes a 3 training program established and approved by the Criminal 4 Justice Standards and Training Commission for parking 5 enforcement specialists, but who does not otherwise meet the 6 uniform minimum standards established by the commission for 7 law enforcement officers or auxiliary or part-time officers 8 under s. 943.12. 9 2. A parking enforcement specialist employed by a 10 chartered municipality or its authorized agency or 11 instrumentality is authorized to enforce all state, county, 12 and municipal laws and ordinances governing parking within the 13 boundaries of the municipality employing the specialist, by 14 appropriate state, county, or municipal traffic citation. 15 Nothing in this paragraph shall be construed to permit the 16 carrying of firearms or other weapons, nor shall such a 17 parking enforcement specialist have arrest authority. 18 (4)(a) Any sheriff's department, or any police 19 department of a municipality, may employ as a traffic control 20 officer any individual who successfully completes at least 8 21 hours of instruction in traffic control procedures through a 22 program approved by the Division of Criminal Justice Standards 23 and Training of the Department of Law Enforcement, or through 24 a similar program offered by the local sheriff's department or 25 police department, but who does not necessarily otherwise meet 26 the uniform minimum standards established by the Criminal 27 Justice Standards and Training Commission for law enforcement 28 officers or auxiliary law enforcement officers under s. 29 943.13. A traffic control officer employed pursuant to this 30 subsection may direct traffic or operate a traffic control 31 device only at a fixed location and only upon the direction of 22 5:06 PM 05/02/01 s1708c1c-18204
SENATE AMENDMENT Bill No. CS for SB's 1708 & 1626 Amendment No. ___ Barcode 961310 1 a fully qualified law enforcement officer; however, it is not 2 necessary that the traffic control officer's duties be 3 performed under the immediate supervision of a fully qualified 4 law enforcement officer. 5 (b) In the case of a special event or activity in 6 relation to which a nongovernmental entity is paying for 7 traffic control on public streets, highways, or roads, traffic 8 control officers may be employed to perform such traffic 9 control responsibilities only when off-duty, full-time law 10 enforcement officers, as defined in s. 943.10(1), are 11 unavailable to perform those responsibilities. However, this 12 paragraph may not be construed to limit the use of traffic 13 infraction enforcement officers for traffic enforcement 14 purposes. 15 (c) This subsection does not permit the carrying of 16 firearms or other weapons, nor do traffic control officers 17 have arrest authority. 18 (5)(a) Any sheriff's department or police department 19 of a municipality may employ, as a traffic infraction 20 enforcement officer, any individual who successfully completes 21 at least 200 hours of instruction in traffic enforcement 22 procedures and court presentation through the Selective 23 Traffic Enforcement Program as approved by the Division of 24 Criminal Justice Standards and Training of the Department of 25 Law Enforcement, or through a similar program, but who does 26 not necessarily otherwise meet the uniform minimum standards 27 established by the Criminal Justice Standards and Training 28 Commission for law enforcement officers or auxiliary law 29 enforcement officers under s. 943.13. Any such traffic 30 infraction enforcement officer who observes the commission of 31 a traffic infraction or, in the case of a parking infraction, 23 5:06 PM 05/02/01 s1708c1c-18204
SENATE AMENDMENT Bill No. CS for SB's 1708 & 1626 Amendment No. ___ Barcode 961310 1 who observes an illegally parked vehicle may issue a traffic 2 citation for the infraction when, based upon personal 3 investigation, he or she has reasonable and probable grounds 4 to believe that an offense has been committed which 5 constitutes a noncriminal traffic infraction as defined in s. 6 318.14. 7 (b) The traffic enforcement officer shall be employed 8 in relationship to a selective traffic enforcement program at 9 a fixed location or as part of a crash investigation team at 10 the scene of a vehicle crash or in other types of traffic 11 infraction enforcement under the direction of a fully 12 qualified law enforcement officer; however, it is not 13 necessary that the traffic infraction enforcement officer's 14 duties be performed under the immediate supervision of a fully 15 qualified law enforcement officer. 16 (c) This subsection does not permit the carrying of 17 firearms or other weapons, nor do traffic infraction 18 enforcement officers have arrest authority other than the 19 authority to issue a traffic citation as provided in this 20 subsection. 21 (6) MOBILE HOME PARK RECREATION 22 DISTRICTS.--Notwithstanding subsection (2) or subsection (3), 23 the sheriff's office of each of the several counties of this 24 state and the police department of each chartered municipality 25 have authority, but are not required, to enforce the traffic 26 laws of this state on any way or place used for vehicular 27 traffic on a controlled access basis within a mobile home park 28 recreation district which has been created under s. 418.30 and 29 the recreational facilities of which district are open to the 30 general public. 31 (7) CONSTRUCTION OF CHAPTER 87-88, LAWS OF 24 5:06 PM 05/02/01 s1708c1c-18204
SENATE AMENDMENT Bill No. CS for SB's 1708 & 1626 Amendment No. ___ Barcode 961310 1 FLORIDA.--For purposes of traffic control and enforcement, 2 nothing in chapter 87-88, Laws of Florida, shall be construed 3 to classify any road which has been dedicated or impliedly 4 dedicated for public use, and which has been constructed and 5 is open to the use of the public for vehicular traffic, as a 6 private road or driveway. 7 (8) TRAFFIC ENFORCEMENT AGENCY.--Any agency or 8 governmental entity designated in subsection (1), subsection 9 (2), or subsection (3), including a university, a community 10 college, a school board, or an airport authority, is a traffic 11 enforcement agency for purposes of s. 316.650. 12 13 (Redesignate subsequent sections.) 14 15 16 ================ T I T L E A M E N D M E N T =============== 17 And the title is amended as follows: 18 On page 4, line 4, after the semicolon, 19 20 insert: 21 amending s. 943.12, F.S.; revising the powers 22 and duties of the commission relating to 23 certification of training schools and 24 instructors; amending s. 943.13, F.S.; allowing 25 employee physicals to be performed by physician 26 assistants; amending s. 943.131, F.S.; 27 providing alternative requirements for certain 28 applicants who seek exemptions from the 29 basic-recruit training program; amending s. 30 943.135, F.S.; eliminating a requirement that 31 the department provide remediation programs for 25 5:06 PM 05/02/01 s1708c1c-18204
SENATE AMENDMENT Bill No. CS for SB's 1708 & 1626 Amendment No. ___ Barcode 961310 1 officers who cannot comply with continuing 2 education requirements because of learning 3 disabilities; amending s. 943.1395, F.S.; 4 limiting the circumstances under which officers 5 may be registered and hold concurrent 6 certification; amending s. 943.14, F.S.; 7 deleting a requirement for commission approval 8 of certain courses; providing for staff to 9 approve certain diplomas or certificates; 10 eliminating an exemption from section 11 requirements for certain training schools and 12 programs; amending s. 943.17, F.S.; requiring 13 the commission to establish a specialized 14 training program; amending s. 943.173, F.S.; 15 conforming provisions amending s. 943.175, 16 F.S.; eliminating provisions governing 17 specialized training programs; amending s. 18 943.22, F.S.; redefining the term "accredited 19 college"; amending s. 943.25, F.S.; prohibiting 20 the assessment of certain costs against 21 officers or agencies for courses offered by 22 criminal justice training schools; amending s. 23 316.640, F.S.; specifying the training 24 requirement for certain persons employed as 25 traffic accident or crash investigation 26 officers or traffic infraction enforcement 27 officers; 28 29 30 31 26 5:06 PM 05/02/01 s1708c1c-18204