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


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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

31  


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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.

31  


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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

31  


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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.

31  


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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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    CS for SB's 1708 & 1626                        First Engrossed



  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.

31  


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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.

24  

25  

26  

27  

28  

29  

30  

31  


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