Senate Bill sb1708e1
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1 A bill to be entitled
2 An act relating to the Department of
3 Corrections; amending s. 944.31, F.S.;
4 authorizing the Secretary of Corrections to
5 designate persons in the Office of the
6 Inspector General as law enforcement officers
7 to conduct criminal investigations occurring on
8 property under the jurisdiction of the
9 department; such persons must be certified and
10 possess minimum experience; requiring a
11 memorandum of understanding between the
12 department and the Department of Law
13 Enforcement relating to predicate events;
14 authorizing law enforcement officers to make
15 warrantless arrests; providing that arrested
16 persons must be surrendered to the county
17 detention facility; amending s. 943.12, F.S.;
18 revising the powers and duties of the
19 commission relating to certification of
20 training schools and instructors; amending s.
21 943.13, F.S.; allowing employee physicals to be
22 performed by physician assistants; amending s.
23 943.131, F.S.; providing alternative
24 requirements for certain applicants who seek
25 exemptions from the basic-recruit training
26 program; amending s. 943.135, F.S.; eliminating
27 a requirement that the department provide
28 remediation programs for officers who cannot
29 comply with continuing education requirements
30 because of learning disabilities; amending s.
31 943.1395, F.S.; limiting the circumstances
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1 under which officers may be registered and hold
2 concurrent certification; amending s. 943.14,
3 F.S.; deleting a requirement for commission
4 approval of certain courses; providing for
5 staff to approve certain diplomas or
6 certificates; eliminating an exemption from
7 section requirements for certain training
8 schools and programs; amending s. 943.17, F.S.;
9 requiring the commission to establish a
10 specialized training program; amending s.
11 943.173, F.S.; conforming provisions amending
12 s. 943.175, F.S.; eliminating provisions
13 governing specialized training programs;
14 amending s. 943.22, F.S.; redefining the term
15 "accredited college"; amending s. 943.25, F.S.;
16 prohibiting the assessment of certain costs
17 against officers or agencies for courses
18 offered by criminal justice training schools;
19 amending s. 316.640, F.S.; specifying the
20 training requirement for certain persons
21 employed as traffic accident or crash
22 investigation officers or traffic infraction
23 enforcement officers; providing an effective
24 date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Section 944.31, Florida Statutes, is
29 amended to read:
30 944.31 Inspector general; inspectors; power and
31 duties.--The inspector general shall be responsible for prison
2
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1 inspection and investigation, internal affairs investigations,
2 and management reviews. The office of the inspector general
3 shall be charged with the duty of inspecting the penal and
4 correctional systems of the state. The office of the inspector
5 general shall inspect each prison correctional institution or
6 any place in which state prisoners are housed, worked, or kept
7 within the state, with reference to its physical conditions,
8 cleanliness, sanitation, safety, and comfort; the quality and
9 supply of all bedding; the quality, quantity, and diversity of
10 food served and the manner in which it is served; the number
11 and condition of the prisoners confined therein; and the
12 general conditions of each prison institution. The office of
13 inspector general shall see that all the rules and regulations
14 issued by the department are strictly observed and followed by
15 all persons connected with the correctional systems of the
16 state. The office of the inspector general shall coordinate
17 and supervise the work of inspectors throughout the state. The
18 inspector general and inspectors may enter any place where
19 prisoners in this state are kept and shall be immediately
20 admitted to such place as they desire and may consult and
21 confer with any prisoner privately and without molestation.
22 The inspector general and inspectors shall be responsible for
23 criminal and administrative investigation of matters relating
24 to the Department of Corrections. The secretary shall have the
25 authority to designate persons within the Office of the
26 Inspector General as law enforcement officers to conduct any
27 criminal investigation that occurs on property owned or leased
28 by the department or matters over which the department has
29 jurisdiction. Persons designated as law enforcement officers
30 must be certified pursuant to s. 943.1395, and must have a
31 minimum of 3 years experience as an inspector general
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1 investigator or as a law enforcement officer. The department
2 shall maintain a memorandum of understanding with the
3 Department of Law Enforcement for the notification of an
4 investigation of mutually agreed upon predicate events that
5 shall include, but not be limited to, suspicious deaths and
6 major organized criminal activity. During In such
7 investigations, the inspector general and inspectors may
8 consult and confer with any prisoner or staff member privately
9 and without molestation and persons designated as law
10 enforcement officers under this section shall have the
11 authority to conduct warrantless arrests of detain any person
12 for violations of the felony, criminal laws of the state
13 prescribed in chapters 944 and 893. Persons designated as law
14 enforcement officers under this section may make arrests
15 pursuant to a warrant, including offenders who have escaped or
16 absconded from custody. Such detention shall be made only on
17 properties owned or leased by the department, and The arrested
18 detained person shall be surrendered without delay to the
19 detention facility sheriff of the county in which the arrest
20 detention is made, with a formal complaint subsequently made
21 against her or him in accordance with law.
22 Section 2. Section 943.12, Florida Statutes, is
23 amended to read:
24 943.12 Powers, duties, and functions of the
25 commission.--The commission shall:
26 (1) Adopt Promulgate rules for the administration of
27 ss. 943.085-943.255 pursuant to chapter 120.
28 (2) Be responsible for the execution, administration,
29 implementation, and evaluation of its powers, duties, and
30 functions under ss. 943.085-943.255, including any rules
31 promulgated or policies established hereunder.
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1 (3) Certify, and revoke the certification of,
2 officers, instructors, and criminal justice training schools.
3 (4) Establish uniform minimum employment standards for
4 the various criminal justice disciplines.
5 (5) Establish uniform minimum training standards for
6 the training of officers in the various criminal justice
7 disciplines.
8 (6) Consult and cooperate with municipalities or the
9 state or any political subdivision of the state and with
10 universities, colleges, community colleges, and other
11 educational institutions concerning the development of
12 criminal justice training schools and programs or courses of
13 instruction, including, but not necessarily limited to,
14 education and training in the areas of criminal justice
15 administration and all allied and supporting disciplines.
16 (7) Conduct official inquiries or require criminal
17 justice training schools to conduct official inquiries of
18 Authorize the issuance of certificates for criminal justice
19 training instructors who are certified by the commission
20 schools.
21 (8) Establish minimum curricular requirements for
22 criminal justice training schools.
23 (9) Authorize the issuance of certificates for
24 instructors.
25 (9)(10) Make, publish, or encourage studies on any
26 aspect of criminal justice education and training or
27 recruitment, including the development of defensible and
28 job-related psychological, selection, and performance
29 evaluation tests.
30 (10)(11) With the approval of the head of the
31 department, make and enter into such contracts and agreements
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1 with other agencies, organizations, associations,
2 corporations, individuals, or federal agencies as the
3 commission determines are necessary, expedient, or incidental
4 to the performance of its duties or the execution of its
5 powers.
6 (11)(12) Provide to each commission member and, upon
7 request, to any sheriff, chief of police, state law
8 enforcement or correctional agency chief administrator, or
9 training center director or to any other concerned citizen
10 minutes of commission meetings and notices and agendas of
11 commission meetings.
12 (12)(13) Establish a central repository of records for
13 the proper administration of its duties, powers, and
14 functions.
15 (13)(14) Issue final orders which include findings of
16 fact and conclusions of law and which constitute final agency
17 action for the purpose of chapter 120.
18 (14)(15) Enforce compliance with provisions of this
19 chapter through injunctive relief and civil fines.
20 (15)(16) Make recommendations concerning any matter
21 within the purview of this chapter.
22 (16)(17) Adopt Promulgate rules for the certification
23 and discipline of officers who engage in those specialized
24 areas found to present a high risk of harm to the officer or
25 the public at large and which would in turn increase the
26 potential liability of an employing agency.
27 (17)(18) Implement, administer, maintain, and revise a
28 job-related officer certification examination for each
29 criminal justice discipline. The commission shall, by rule,
30 establish procedures for the administration of the officer
31 certification examinations. Further, the commission shall
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1 establish standards for acceptable performance for each
2 officer certification examination.
3 Section 3. Subsection (6) of section 943.13, Florida
4 Statutes, is amended to read:
5 943.13 Officers' minimum qualifications for employment
6 or appointment.--On or after October 1, 1984, any person
7 employed or appointed as a full-time, part-time, or auxiliary
8 law enforcement officer or correctional officer; on or after
9 October 1, 1986, any person employed as a full-time,
10 part-time, or auxiliary correctional probation officer; and on
11 or after October 1, 1986, any person employed as a full-time,
12 part-time, or auxiliary correctional officer by a private
13 entity under contract to the Department of Corrections, to a
14 county commission, or to the Correctional Privatization
15 Commission shall:
16 (6) Have passed a physical examination by a licensed
17 physician or physician assistant, based on specifications
18 established by the commission.
19 Section 4. Section 943.131, Florida Statutes, is
20 amended to read:
21 943.131 Temporary employment or appointment; minimum
22 basic recruit training exemption.--
23 (1)(a) An employing agency may temporarily employ or
24 appoint a person who complies with the qualifications for
25 employment in s. 943.13(1)-(8), but has not fulfilled the
26 requirements of s. 943.13(9) and (10), if a critical need
27 exists to employ or appoint the person and such person is or
28 will be enrolled in the next approved basic recruit training
29 program available in the geographic area or that no assigned
30 state training program for state officers is available within
31 a reasonable time. The employing agency must maintain
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1 documentation which demonstrates that a critical need exists
2 to employ a person pursuant to this section. Prior to the
3 employment or appointment of any person other than a
4 correctional probation officer under this subsection, the
5 person shall comply with the firearms provisions established
6 pursuant to s. 943.17(1)(a). Any person temporarily employed
7 or appointed as an officer under this subsection must attend
8 the first training program offered in the geographic area, or
9 the first assigned state training program for a state officer,
10 subsequent to his or her employment or appointment. Further,
11 upon successful completion of the basic recruit training
12 program, any person temporarily employed or appointed as an
13 officer must fulfill the requirements of s. 943.13(10) within
14 180 consecutive days.
15 (b) In no case may the person be temporarily employed
16 or appointed for more than 180 consecutive days, and such
17 temporary employment or appointment is not renewable by the
18 employing agency or transferable to another employing agency.
19 However, a person who is temporarily employed or appointed and
20 is attending the first training program offered in the
21 geographic area, or has been assigned to a state training
22 program, may continue to be temporarily employed or appointed
23 until the person:
24 1. Successfully completes the basic recruit training
25 program and achieves an acceptable score on the officer
26 certification examination;
27 2. Fails or withdraws from a any course of the basic
28 recruit training program;
29 3. Fails to achieve an acceptable score on the officer
30 certification examination within 180 consecutive days after
31
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1 the successful completion of the basic recruit training
2 program; or
3 4. Is separated from employment or appointment by the
4 employing agency.
5 (c) No person temporarily employed or appointed under
6 the provisions of this subsection may perform the duties of an
7 officer unless he or she is adequately supervised by another
8 officer of the same discipline. The supervising officer must
9 be in full compliance with the provisions of s. 943.13 and
10 must be employed or appointed by the employing agency.
11 (2) If an applicant seeks an exemption from completing
12 a commission-approved basic recruit training program, the
13 employing agency must verify that the applicant has
14 successfully completed a comparable basic recruit training
15 program for the discipline in which the applicant is seeking
16 certification in another state or for the Federal Government.
17 Further, the employing agency must verify that the applicant
18 has served as a full-time sworn officer in another state or
19 for the Federal Government for at least one year. When the
20 employing agency obtains written documentation regarding the
21 applicant's criminal justice experience, the documentation
22 must be submitted to the commission. The commission shall
23 adopt rules that establish criteria and procedures to
24 determine if the applicant is exempt from completing the
25 commission-approved basic recruit training program and, upon
26 making a determination, shall notify the employing agency. An
27 If the applicant who is exempt from completing the
28 commission-approved basic recruit training program, the
29 applicant must demonstrate proficiency in the high-liability
30 areas, as defined by commission rule, and must complete the
31 requirements of s. 943.13(10) within 180 days after receiving
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1 an exemption. If the proficiencies and requirements of s.
2 943.13(10) are not met within the 180 days, the applicant must
3 complete a commission-approved basic recruit training program
4 complete training, as required by the commission by rule, in
5 areas which include, but are not limited to, defensive
6 driving, defensive tactics, firearms training, and first
7 responder training. Except as provided in subsection (1),
8 before the employing agency may employ or appoint the
9 applicant as an officer, the applicant must meet the minimum
10 qualifications described in s. 943.13(1)-(8), and must fulfill
11 the requirements of s. 943.13(10).
12 Section 5. Subsection (1) of section 943.135, Florida
13 Statutes, is amended to read:
14 943.135 Requirements for continued employment.--
15 (1) The commission shall, by rule, adopt a program
16 that requires all officers, as a condition of continued
17 employment or appointment as officers, to receive periodic
18 commission-approved continuing training or education. Such
19 continuing training or education shall be required at the rate
20 of 40 hours every 4 years. No officer shall be denied a
21 reasonable opportunity by the employing agency to comply with
22 this section. The employing agency must document that the
23 continuing training or education is job-related and consistent
24 with the needs of the employing agency. The employing agency
25 must maintain and submit, or electronically transmit, the
26 documentation to the commission, in a format approved by the
27 commission. The rule shall also provide:
28 (a) Assistance to an employing agency in identifying
29 each affected officer, the date of his or her employment or
30 appointment, and his or her most recent date for successful
31 completion of continuing training or education; and
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1 (b) A procedure for reactivation of the certification
2 of an officer who is not in compliance with this section.; and
3 (c) A remediation program supervised by the training
4 center director within the geographic area for any officer who
5 is attempting to comply with the provisions of this subsection
6 and in whom learning disabilities are identified. The officer
7 shall be assigned nonofficer duties, without loss of employee
8 benefits, and the program shall not exceed 90 days.
9 Section 6. Subsection (2) of section 943.1395, Florida
10 Statutes, is amended to read:
11 943.1395 Certification for employment or appointment;
12 concurrent certification; reemployment or reappointment;
13 inactive status; revocation; suspension; investigation.--
14 (2) An officer who is certified in one discipline and
15 who complies with s. 943.13 in another discipline shall hold
16 concurrent certification and may be assigned in either
17 discipline within his or her employing agency. However, the
18 officer may be registered and hold concurrent certification
19 only if the employing agency has authority to employ multiple
20 disciplines.
21 Section 7. Section 943.14, Florida Statutes, is
22 amended to read:
23 943.14 Commission-certified criminal justice training
24 schools; certificates and diplomas; exemptions; injunctive
25 relief; fines.--
26 (1) Each criminal justice training school approved by
27 the commission shall obtain from the commission a certificate
28 of compliance, with rules of the commission, signed by the
29 chair of the commission. Any training or educational courses
30 which are taught in any criminal justice training school must
31 first be approved in writing by the commission.
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1 (2) Any certificate or diploma issued by any criminal
2 justice training school which relates to completion,
3 graduation, or attendance in criminal justice training or
4 educational subjects, or related matters, must be approved by
5 the commission staff in the department's Criminal Justice
6 Professionalism Program.
7 (3) The commission shall establish, by rule,
8 procedures for the certification and discipline of all
9 instructors in any criminal justice training school.
10 (4) Prior to the issuance of a certificate of
11 compliance, or as a condition of continuing certification, all
12 records of any criminal justice training school that relate to
13 training and all financial and personnel records of the school
14 shall be made available to the commission upon request.
15 (5) No private criminal justice training school may
16 include within its name the word "commission," "bureau," or
17 "division" together with the word "Florida" or "state," the
18 name of any county or municipality, or any misleading
19 derivative thereof which might be construed to represent a
20 government agency or an entity authorized by a government
21 agency.
22 (6) Criminal justice training schools and courses
23 which are licensed and operated in accordance with the rules
24 of the State Board of Education and the rules of the
25 commission are exempt from the requirements of subsections
26 (1)-(5). However, any school which instructs approved
27 commission courses must meet the requirements of subsections
28 (1)-(5).
29 (6)(7)(a) Commission-approved correctional probation
30 courses and subjects which are taught by Florida 4-year
31 accredited colleges and universities are exempt from
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1 subsections (1)-(6) (1)-(5) except for such documentation
2 which may be required by the commission. The commission
3 retains control over the content of courses and subjects
4 covered by this subsection as specified in s. 943.17(1)(a).
5 Florida 4-year accredited colleges and universities must
6 obtain approval from the commission prior to offering
7 correctional probation courses. Florida 4-year accredited
8 colleges and universities offering the Correctional Probation
9 Training Program shall teach the learning objectives specified
10 by the commission. The administration of the commission's
11 Correctional Probation Training Program within a Florida
12 4-year accredited college or university shall fall within the
13 institution's established guidelines for course delivery and
14 student attendance. The Florida 4-year accredited college or
15 university shall provide to the commission and to the student
16 proof of successful completion of all the approved objectives
17 required by the commission for the academic courses approved
18 for the Correctional Probation Training Program. The
19 commission-certified training school administering the
20 commission-required correctional probation high-liability
21 training shall provide to the commission and to the student
22 proof of successful completion of all approved objectives.
23 (b) All other criminal justice sciences or
24 administration courses or subjects which are a part of the
25 curriculum of any accredited college, university, community
26 college, or vocational-technical center of this state, and all
27 full-time instructors of such institutions, are exempt from
28 the provisions of subsections (1)-(5).
29 (7)(8) Each criminal justice training school that
30 offers law enforcement, correctional, or correctional
31 probation officer basic recruit training, or selection center
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1 that provides applicant screening for criminal justice
2 training schools, shall conduct a criminal history background
3 check of an applicant prior to entrance into the basic recruit
4 class. A complete set of fingerprints must be taken by an
5 authorized criminal justice agency or by an employee of the
6 criminal justice training school or selection center who is
7 trained to take fingerprints. The criminal justice training
8 school or selection center shall submit the fingerprints to
9 the Florida Department of Law Enforcement for a statewide
10 criminal history check, and forward the fingerprints to the
11 Federal Bureau of Investigation for a national criminal
12 history check. Applicants found through fingerprint processing
13 to have pled guilty to or been convicted of a crime which
14 would render the applicant unable to meet the minimum
15 qualifications for employment as an officer as specified in s.
16 943.13(4) shall be removed from the pool of qualified
17 candidates by the criminal justice training school or
18 selection center.
19 (8)(9)(a) If a criminal justice training school or
20 person violates this section, or any rule adopted pursuant
21 hereto, the Department of Legal Affairs, at the request of the
22 chair of the commission, shall apply to the circuit court in
23 the county in which the violation or violations occurred for
24 injunctive relief prohibiting the criminal justice training
25 school or person from operating contrary to this section.
26 (b)1. In addition to any injunctive relief available
27 under paragraph (a), the commission may impose a civil fine
28 upon any criminal justice training school or person who
29 violates subsection (1) or subsection (5), or any rule adopted
30 pursuant thereto, of up to $10,000 for each violation, which
31 fine shall be paid into the Criminal Justice Standards and
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1 Training Trust Fund. The commission may impose a civil fine
2 upon any criminal justice training school or person who
3 violates subsection (2), subsection (3), or subsection (4), or
4 any rule adopted pursuant thereto, of up to $1,000 for each
5 violation, which fine shall be paid into the Criminal Justice
6 Standards and Training Trust Fund.
7 2. A proceeding under this paragraph shall comply with
8 the provisions of chapter 120, and the final order of the
9 commission constitutes final agency action for the purposes of
10 chapter 120. When the commission imposes a civil fine and the
11 fine is not paid within a reasonable time, the Department of
12 Legal Affairs, at the request of the chair of the commission,
13 shall bring a civil action under the provisions of s. 120.69
14 to recover the fine. The commission and the Department of
15 Legal Affairs are not required to post any bond in any
16 proceeding herein.
17 Section 8. Subsection (1) of section 943.17, Florida
18 Statutes, is amended to read:
19 943.17 Basic recruit, advanced, and career development
20 training programs; participation; cost; evaluation.--The
21 commission shall, by rule, design, implement, maintain,
22 evaluate, and revise entry requirements, job-related
23 curricula, and performance standards for basic recruit,
24 advanced, and career development training programs and
25 courses. The rules shall include, but are not limited to, a
26 methodology to assess relevance of the subject matter to the
27 job, student performance, and instructor competency.
28 (1) The commission shall:
29 (a) Design, implement, maintain, evaluate, and revise
30 or adopt a basic recruit training program for the purpose of
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1 providing minimum employment training qualifications for all
2 officers to be employed or appointed in each discipline.
3 (b) Design, implement, maintain, evaluate, and revise
4 or adopt an advanced training program which is limited to
5 those courses enhancing an officer's knowledge, skills, and
6 abilities for the job he or she performs.
7 (c) Design, implement, maintain, evaluate, and revise
8 or adopt a career development training program which is
9 limited to those courses related to promotion to a higher rank
10 or position. Career development courses will not be eligible
11 for funding as provided in s. 943.25(9).
12 (d) Design, implement, maintain, evaluate, or adopt a
13 specialized training program, consisting of identified goals
14 and objectives that enhance an officer's ability to perform
15 the duties of his or her job. For any existing or newly
16 established course, adopt an examination and assessment
17 instrument that is job-related and measures an officer's
18 acquisition of knowledge, skills, and abilities. An
19 acceptable level of measurable student performance shall also
20 be developed for each course.
21 Section 9. Subsection (2) of section 943.173, Florida
22 Statutes, is amended to read:
23 943.173 Examinations; administration; materials not
24 public records; disposal of materials.--
25 (2) Each advanced and career development course
26 examination adopted by the commission shall be administered at
27 a certified criminal justice training school under the
28 supervision of the training center director.
29 Section 10. Section 943.175, Florida Statutes, is
30 amended to read:
31 943.175 Inservice and specialized training.--
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1 (1) Inservice training programs, consisting of courses
2 established, implemented, and evaluated by an employing
3 agency, are the responsibility of the employing agency.
4 Inservice Specialized training programs, consisting of courses
5 established, implemented, and evaluated by a criminal justice
6 training school, are the responsibility of the criminal
7 justice training school. Inservice and specialized training
8 programs or courses need not be approved by the commission.
9 (2) The commission shall, by rule, establish
10 procedures and criteria whereby an employing agency or
11 criminal justice training school seeking commission approval
12 of a specialized training program or course must submit the
13 program or course to the commission for evaluation. The
14 procedures and criteria shall include, but are not limited to,
15 a demonstration of job relevance and quality of instruction.
16 (2)(3) Inservice or specialized training courses or
17 programs shall not be part of the programs or courses
18 established by the commission pursuant to s. 943.17, nor shall
19 they be used to qualify an officer for salary incentive
20 payment provided under s. 943.22.
21 Section 11. Paragraph (a) of subsection (1) of section
22 943.22, Florida Statutes, is amended to read:
23 943.22 Salary incentive program for full-time
24 officers.--
25 (1) For the purpose of this section, the term:
26 (a) "Accredited college, university, or community
27 college" means a college, university, or community college
28 which has been accredited by the Southern Association of
29 Colleges and Schools or, another regional accrediting agency,
30 or the American Association of Collegiate Registrars and
31 Admissions Officers.
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1 Section 12. Subsection (6) of section 943.25, Florida
2 Statutes, is amended to read:
3 943.25 Criminal justice trust funds; source of funds;
4 use of funds.--
5 (6) No Training, room, or board cost may not be
6 assessed against any officer or employing agency for any
7 advanced and specialized training course funded from the
8 Criminal Justice Standards and Training Trust Fund and offered
9 through a criminal justice training school certified by the
10 commission. Such expenses shall be paid from the trust fund
11 and are not reimbursable by the officer. Travel costs to and
12 from the training site are the responsibility of the trainee
13 or employing agency. Any compensation, including, but not
14 limited to, salaries and benefits, paid to any person during
15 the period of training shall be fixed and determined by the
16 employing agency; and such compensation shall be paid directly
17 to the person.
18 (a) The commission shall develop a policy of
19 reciprocal payment for training officers from regions other
20 than the region providing the training.
21 (b) An officer who is not employed or appointed by an
22 employing agency of this state may attend a course funded by
23 the trust fund, provided the officer is required to pay to the
24 criminal justice training school all training costs incurred
25 for her or his attendance.
26 Section 13. Section 316.640, Florida Statutes, is
27 amended to read:
28 316.640 Enforcement.--The enforcement of the traffic
29 laws of this state is vested as follows:
30 (1) STATE.--
31
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1 (a)1.a. The Division of Florida Highway Patrol of the
2 Department of Highway Safety and Motor Vehicles, the Division
3 of Law Enforcement of the Fish and Wildlife Conservation
4 Commission, the Division of Law Enforcement of the Department
5 of Environmental Protection, and law enforcement officers of
6 the Department of Transportation each have authority to
7 enforce all of the traffic laws of this state on all the
8 streets and highways thereof and elsewhere throughout the
9 state wherever the public has a right to travel by motor
10 vehicle. The Division of the Florida Highway Patrol may employ
11 as a traffic accident investigation officer any individual who
12 successfully completes at least 200 hours of instruction in
13 traffic accident investigation and court presentation through
14 the Selective Traffic Enforcement Program as approved by the
15 Criminal Justice Standards and Training Commission and funded
16 through the National Highway Traffic Safety Administration or
17 a similar program approved by the commission, but who does not
18 necessarily meet the uniform minimum standards established by
19 the commission for law enforcement officers or auxiliary law
20 enforcement officers under chapter 943. Any such traffic
21 accident investigation officer who makes an investigation at
22 the scene of a traffic accident may issue traffic citations,
23 based upon personal investigation, when he or she has
24 reasonable and probable grounds to believe that a person who
25 was involved in the accident committed an offense under this
26 chapter, chapter 319, chapter 320, or chapter 322 in
27 connection with the accident. This paragraph does not permit
28 the carrying of firearms or other weapons, nor do such
29 officers have arrest authority other than for the issuance of
30 a traffic citation as authorized in this paragraph.
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1 b. University police officers shall have authority to
2 enforce all of the traffic laws of this state when such
3 violations occur on or about any property or facilities that
4 are under the guidance, supervision, regulation, or control of
5 the State University System, except that traffic laws may be
6 enforced off-campus when hot pursuit originates on-campus.
7 c. Community college police officers shall have the
8 authority to enforce all the traffic laws of this state only
9 when such violations occur on any property or facilities that
10 are under the guidance, supervision, regulation, or control of
11 the community college system.
12 d. Police officers employed by an airport authority
13 shall have the authority to enforce all of the traffic laws of
14 this state only when such violations occur on any property or
15 facilities that are owned or operated by an airport authority.
16 (I) An airport authority may employ as a parking
17 enforcement specialist any individual who successfully
18 completes a training program established and approved by the
19 Criminal Justice Standards and Training Commission for parking
20 enforcement specialists but who does not otherwise meet the
21 uniform minimum standards established by the commission for
22 law enforcement officers or auxiliary or part-time officers
23 under s. 943.12. Nothing in this sub-sub-subparagraph shall be
24 construed to permit the carrying of firearms or other weapons,
25 nor shall such parking enforcement specialist have arrest
26 authority.
27 (II) A parking enforcement specialist employed by an
28 airport authority is authorized to enforce all state, county,
29 and municipal laws and ordinances governing parking only when
30 such violations are on property or facilities owned or
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1 operated by the airport authority employing the specialist, by
2 appropriate state, county, or municipal traffic citation.
3 e. The Office of Agricultural Law Enforcement of the
4 Department of Agriculture and Consumer Services shall have the
5 authority to enforce traffic laws of this state only as
6 authorized by the provisions of chapter 570. However, nothing
7 in this section shall expand the authority of the Office of
8 Agricultural Law Enforcement at its agricultural inspection
9 stations to issue any traffic tickets except those traffic
10 tickets for vehicles illegally passing the inspection station.
11 f. School safety officers shall have the authority to
12 enforce all of the traffic laws of this state when such
13 violations occur on or about any property or facilities which
14 are under the guidance, supervision, regulation, or control of
15 the district school board.
16 2. An agency of the state as described in subparagraph
17 1. is prohibited from establishing a traffic citation quota. A
18 violation of this subparagraph is not subject to the penalties
19 provided in chapter 318.
20 3. Any disciplinary action taken or performance
21 evaluation conducted by an agency of the state as described in
22 subparagraph 1. of a law enforcement officer's traffic
23 enforcement activity must be in accordance with written
24 work-performance standards. Such standards must be approved by
25 the agency and any collective bargaining unit representing
26 such law enforcement officer. A violation of this subparagraph
27 is not subject to the penalties provided in chapter 318.
28 (b)1. The Department of Transportation has authority
29 to enforce on all the streets and highways of this state all
30 laws applicable within its authority.
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1 2.a. The Department of Transportation shall develop
2 training and qualifications standards for toll enforcement
3 officers whose sole authority is to enforce the payment of
4 tolls pursuant to s. 316.1001. Nothing in this subparagraph
5 shall be construed to permit the carrying of firearms or other
6 weapons, nor shall a toll enforcement officer have arrest
7 authority.
8 b. For the purpose of enforcing s. 316.1001,
9 governmental entities, as defined in s. 334.03, which own or
10 operate a toll facility may employ independent contractors or
11 designate employees as toll enforcement officers; however, any
12 such toll enforcement officer must successfully meet the
13 training and qualifications standards for toll enforcement
14 officers established by the Department of Transportation.
15 (2) COUNTIES.--
16 (a) The sheriff's office of each of the several
17 counties of this state shall enforce all of the traffic laws
18 of this state on all the streets and highways thereof and
19 elsewhere throughout the county wherever the public has the
20 right to travel by motor vehicle. In addition, the sheriff's
21 office may be required by the county to enforce the traffic
22 laws of this state on any private or limited access road or
23 roads over which the county has jurisdiction pursuant to a
24 written agreement entered into under s. 316.006(3)(b).
25 (b) The sheriff's office of each county may employ as
26 a traffic crash investigation officer any individual who
27 successfully completes at least 200 hours of instruction in
28 traffic crash investigation and court presentation through the
29 Selective Traffic Enforcement Program (STEP) as approved by
30 the Criminal Justice Standards and Training Commission and
31 funded through the National Highway Traffic Safety
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1 Administration (NHTSA) or a similar program approved by the
2 commission, but who does not necessarily otherwise meet the
3 uniform minimum standards established by the commission for
4 law enforcement officers or auxiliary law enforcement officers
5 under chapter 943. Any such traffic crash investigation
6 officer who makes an investigation at the scene of a traffic
7 crash may issue traffic citations when, based upon personal
8 investigation, he or she has reasonable and probable grounds
9 to believe that a person who was involved has committed an
10 offense under this chapter in connection with the crash. This
11 paragraph does not permit the carrying of firearms or other
12 weapons, nor do such officers have arrest authority other than
13 for the issuance of a traffic citation as authorized in this
14 paragraph.
15 (c) The sheriff's office of each of the several
16 counties of this state may employ as a parking enforcement
17 specialist any individual who successfully completes a
18 training program established and approved by the Criminal
19 Justice Standards and Training Commission for parking
20 enforcement specialists, but who does not necessarily
21 otherwise meet the uniform minimum standards established by
22 the commission for law enforcement officers or auxiliary or
23 part-time officers under s. 943.12.
24 1. A parking enforcement specialist employed by the
25 sheriff's office of each of the several counties of this state
26 is authorized to enforce all state and county laws,
27 ordinances, regulations, and official signs governing parking
28 within the unincorporated areas of the county by appropriate
29 state or county citation and may issue such citations for
30 parking in violation of signs erected pursuant to s.
31 316.006(3) at parking areas located on property owned or
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1 leased by a county, whether or not such areas are within the
2 boundaries of a chartered municipality.
3 2. A parking enforcement specialist employed pursuant
4 to this subsection shall not carry firearms or other weapons
5 or have arrest authority.
6 (3) MUNICIPALITIES.--
7 (a) The police department of each chartered
8 municipality shall enforce the traffic laws of this state on
9 all the streets and highways thereof and elsewhere throughout
10 the municipality wherever the public has the right to travel
11 by motor vehicle. In addition, the police department may be
12 required by a municipality to enforce the traffic laws of this
13 state on any private or limited access road or roads over
14 which the municipality has jurisdiction pursuant to a written
15 agreement entered into under s. 316.006(2)(b). However,
16 nothing in this chapter shall affect any law, general,
17 special, or otherwise, in effect on January 1, 1972, relating
18 to "hot pursuit" without the boundaries of the municipality.
19 (b) The police department of a chartered municipality
20 may employ as a traffic crash investigation officer any
21 individual who successfully completes at least 200 hours of
22 instruction in traffic crash investigation and court
23 presentation through the Selective Traffic Enforcement Program
24 (STEP) as approved by the Criminal Justice Standards and
25 Training Commission and funded through the National Highway
26 Traffic Safety Administration (NHTSA) or a similar program
27 approved by the commission, but who does not otherwise meet
28 the uniform minimum standards established by the commission
29 for law enforcement officers or auxiliary law enforcement
30 officers under chapter 943. Any such traffic crash
31 investigation officer who makes an investigation at the scene
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1 of a traffic crash is authorized to issue traffic citations
2 when, based upon personal investigation, he or she has
3 reasonable and probable grounds to believe that a person
4 involved has committed an offense under the provisions of this
5 chapter in connection with the crash. Nothing in this
6 paragraph shall be construed to permit the carrying of
7 firearms or other weapons, nor shall such officers have arrest
8 authority other than for the issuance of a traffic citation as
9 authorized above.
10 (c)1. A chartered municipality or its authorized
11 agency or instrumentality may employ as a parking enforcement
12 specialist any individual who successfully completes a
13 training program established and approved by the Criminal
14 Justice Standards and Training Commission for parking
15 enforcement specialists, but who does not otherwise meet the
16 uniform minimum standards established by the commission for
17 law enforcement officers or auxiliary or part-time officers
18 under s. 943.12.
19 2. A parking enforcement specialist employed by a
20 chartered municipality or its authorized agency or
21 instrumentality is authorized to enforce all state, county,
22 and municipal laws and ordinances governing parking within the
23 boundaries of the municipality employing the specialist, by
24 appropriate state, county, or municipal traffic citation.
25 Nothing in this paragraph shall be construed to permit the
26 carrying of firearms or other weapons, nor shall such a
27 parking enforcement specialist have arrest authority.
28 (4)(a) Any sheriff's department, or any police
29 department of a municipality, may employ as a traffic control
30 officer any individual who successfully completes at least 8
31 hours of instruction in traffic control procedures through a
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1 program approved by the Division of Criminal Justice Standards
2 and Training of the Department of Law Enforcement, or through
3 a similar program offered by the local sheriff's department or
4 police department, but who does not necessarily otherwise meet
5 the uniform minimum standards established by the Criminal
6 Justice Standards and Training Commission for law enforcement
7 officers or auxiliary law enforcement officers under s.
8 943.13. A traffic control officer employed pursuant to this
9 subsection may direct traffic or operate a traffic control
10 device only at a fixed location and only upon the direction of
11 a fully qualified law enforcement officer; however, it is not
12 necessary that the traffic control officer's duties be
13 performed under the immediate supervision of a fully qualified
14 law enforcement officer.
15 (b) In the case of a special event or activity in
16 relation to which a nongovernmental entity is paying for
17 traffic control on public streets, highways, or roads, traffic
18 control officers may be employed to perform such traffic
19 control responsibilities only when off-duty, full-time law
20 enforcement officers, as defined in s. 943.10(1), are
21 unavailable to perform those responsibilities. However, this
22 paragraph may not be construed to limit the use of traffic
23 infraction enforcement officers for traffic enforcement
24 purposes.
25 (c) This subsection does not permit the carrying of
26 firearms or other weapons, nor do traffic control officers
27 have arrest authority.
28 (5)(a) Any sheriff's department or police department
29 of a municipality may employ, as a traffic infraction
30 enforcement officer, any individual who successfully completes
31 at least 200 hours of instruction in traffic enforcement
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1 procedures and court presentation through the Selective
2 Traffic Enforcement Program as approved by the Division of
3 Criminal Justice Standards and Training of the Department of
4 Law Enforcement, or through a similar program, but who does
5 not necessarily otherwise meet the uniform minimum standards
6 established by the Criminal Justice Standards and Training
7 Commission for law enforcement officers or auxiliary law
8 enforcement officers under s. 943.13. Any such traffic
9 infraction enforcement officer who observes the commission of
10 a traffic infraction or, in the case of a parking infraction,
11 who observes an illegally parked vehicle may issue a traffic
12 citation for the infraction when, based upon personal
13 investigation, he or she has reasonable and probable grounds
14 to believe that an offense has been committed which
15 constitutes a noncriminal traffic infraction as defined in s.
16 318.14.
17 (b) The traffic enforcement officer shall be employed
18 in relationship to a selective traffic enforcement program at
19 a fixed location or as part of a crash investigation team at
20 the scene of a vehicle crash or in other types of traffic
21 infraction enforcement under the direction of a fully
22 qualified law enforcement officer; however, it is not
23 necessary that the traffic infraction enforcement officer's
24 duties be performed under the immediate supervision of a fully
25 qualified law enforcement officer.
26 (c) This subsection does not permit the carrying of
27 firearms or other weapons, nor do traffic infraction
28 enforcement officers have arrest authority other than the
29 authority to issue a traffic citation as provided in this
30 subsection.
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1 (6) MOBILE HOME PARK RECREATION
2 DISTRICTS.--Notwithstanding subsection (2) or subsection (3),
3 the sheriff's office of each of the several counties of this
4 state and the police department of each chartered municipality
5 have authority, but are not required, to enforce the traffic
6 laws of this state on any way or place used for vehicular
7 traffic on a controlled access basis within a mobile home park
8 recreation district which has been created under s. 418.30 and
9 the recreational facilities of which district are open to the
10 general public.
11 (7) CONSTRUCTION OF CHAPTER 87-88, LAWS OF
12 FLORIDA.--For purposes of traffic control and enforcement,
13 nothing in chapter 87-88, Laws of Florida, shall be construed
14 to classify any road which has been dedicated or impliedly
15 dedicated for public use, and which has been constructed and
16 is open to the use of the public for vehicular traffic, as a
17 private road or driveway.
18 (8) TRAFFIC ENFORCEMENT AGENCY.--Any agency or
19 governmental entity designated in subsection (1), subsection
20 (2), or subsection (3), including a university, a community
21 college, a school board, or an airport authority, is a traffic
22 enforcement agency for purposes of s. 316.650.
23 Section 14. This act shall take effect July 1, 2001.
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