House Bill hb1641
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Florida House of Representatives - 2002 HB 1641
By Representative Evers
1 A bill to be entitled
2 An act relating to criminal justice standards
3 and training; amending s. 943.12, F.S.;
4 requiring the Criminal Justice Standards and
5 Training Commission to conduct inquiries of
6 criminal justice training instructors; amending
7 s. 943.13, F.S.; authorizing physician
8 assistants to examine law enforcement officers
9 as a condition of employment; amending s.
10 943.131, F.S.; revising provisions relating to
11 minimum basic training for temporary employees
12 and officers; amending s. 943.135, F.S.;
13 deleting requirement to provide a remediation
14 program for certain officers; amending s.
15 943.1395, F.S.; clarifying authority of
16 agencies to employ officers certified in
17 multiple disciplines; amending s. 943.14, F.S.;
18 revising provisions relating to
19 commission-certified criminal justice training
20 schools; authorizing employing agencies to
21 submit information regarding fingerprints and
22 criminal history checks; amending s. 943.17,
23 F.S.; revising provisions relating to basic
24 recruit, advanced, and career development
25 programs; providing for a specialized training
26 program; amending s. 943.173, F.S.; removing
27 requirement that certain examinations be
28 adopted by the commission; amending s. 943.175,
29 F.S.; removing provisions relating to
30 specialized training programs; amending s.
31 943.22, F.S.; clarifying authority for
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1 accreditation; amending s. 943.25, F.S.;
2 prohibiting the assessment of costs for
3 advanced and specialized training under certain
4 circumstances; conforming a cross reference;
5 amending s. 316.640, F.S.; revising provisions
6 relating to required instruction for certain
7 traffic officers; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Subsections (10) through (18) of section
12 943.12, Florida Statutes, are renumbered as subsections (9)
13 through (17), respectively, and subsections (1), (7), and (9)
14 of said section are amended to read:
15 943.12 Powers, duties, and functions of the
16 commission.--The commission shall:
17 (1) Adopt Promulgate rules for the administration of
18 ss. 943.085-943.255 pursuant to chapter 120.
19 (7) Conduct official inquiries or require Authorize
20 the issuance of certificates for criminal justice training
21 schools to conduct official inquiries of criminal justice
22 training instructors who are certified by the commission.
23 (9) Authorize the issuance of certificates for
24 instructors.
25 Section 2. Subsection (6) of section 943.13, Florida
26 Statutes, is amended to read:
27 943.13 Officers' minimum qualifications for employment
28 or appointment.--On or after October 1, 1984, any person
29 employed or appointed as a full-time, part-time, or auxiliary
30 law enforcement officer or correctional officer; on or after
31 October 1, 1986, any person employed as a full-time,
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1 part-time, or auxiliary correctional probation officer; and on
2 or after October 1, 1986, any person employed as a full-time,
3 part-time, or auxiliary correctional officer by a private
4 entity under contract to the Department of Corrections, to a
5 county commission, or to the Correctional Privatization
6 Commission shall:
7 (6) Have passed a physical examination by a licensed
8 physician or physician assistant, based on specifications
9 established by the commission.
10 Section 3. Paragraph (b) of subsection (1) and
11 subsection (2) of section 943.131, Florida Statutes, are
12 amended to read:
13 943.131 Temporary employment or appointment; minimum
14 basic recruit training exemption.--
15 (1)
16 (b) In no case may the person be temporarily employed
17 or appointed for more than 180 consecutive days, and such
18 temporary employment or appointment is not renewable by the
19 employing agency or transferable to another employing agency.
20 However, a person who is temporarily employed or appointed and
21 is attending the first training program offered in the
22 geographic area, or has been assigned to a state training
23 program, may continue to be temporarily employed or appointed
24 until the person:
25 1. Successfully completes the basic recruit training
26 program and achieves an acceptable score on the officer
27 certification examination;
28 2. Fails or withdraws from a any course of the basic
29 recruit training program;
30 3. Fails to achieve an acceptable score on the officer
31 certification examination within 180 consecutive days after
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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 (2) If an applicant seeks an exemption from completing
6 a commission-approved basic recruit training program, the
7 employing agency must verify that the applicant has
8 successfully completed a comparable basic recruit training
9 program for the discipline in which the applicant is seeking
10 certification in another state or for the Federal Government.
11 Further, the employing agency must verify that the applicant
12 has served as a full-time sworn officer in another state or
13 for the Federal Government for at least one year. When the
14 employing agency obtains written documentation regarding the
15 applicant's criminal justice experience, the documentation
16 must be submitted to the commission. The commission shall
17 adopt rules that establish criteria and procedures to
18 determine if the applicant is exempt from completing the
19 commission-approved basic recruit training program and, upon
20 making a determination, shall notify the employing agency. An
21 If the applicant who is exempt from completing the
22 commission-approved basic recruit training program must
23 demonstrate proficiency in the high-liability areas, as
24 defined by commission rule, and must complete the requirements
25 of s. 943.13(10) within 180 days after receiving an exemption.
26 If the proficiencies and requirements of s. 943.13(10) are not
27 met within the 180 days, the applicant must complete a
28 commission-approved basic recruit training program, as
29 required by the commission by rule, in areas which include,
30 but are not limited to, defensive driving, defensive tactics,
31 firearms training, and first responder training. Except as
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1 provided in subsection (1), before the employing agency may
2 employ or appoint the applicant as an officer, the applicant
3 must meet the minimum qualifications described in s.
4 943.13(1)-(8), and must fulfill the requirements of s.
5 943.13(10).
6 Section 4. Subsection (1) of section 943.135, Florida
7 Statutes, is amended to read:
8 943.135 Requirements for continued employment.--
9 (1) The commission shall, by rule, adopt a program
10 that requires all officers, as a condition of continued
11 employment or appointment as officers, to receive periodic
12 commission-approved continuing training or education. Such
13 continuing training or education shall be required at the rate
14 of 40 hours every 4 years. No officer shall be denied a
15 reasonable opportunity by the employing agency to comply with
16 this section. The employing agency must document that the
17 continuing training or education is job-related and consistent
18 with the needs of the employing agency. The employing agency
19 must maintain and submit, or electronically transmit, the
20 documentation to the commission, in a format approved by the
21 commission. The rule shall also provide:
22 (a) Assistance to an employing agency in identifying
23 each affected officer, the date of his or her employment or
24 appointment, and his or her most recent date for successful
25 completion of continuing training or education; and
26 (b) A procedure for reactivation of the certification
27 of an officer who is not in compliance with this section.; and
28 (c) A remediation program supervised by the training
29 center director within the geographic area for any officer who
30 is attempting to comply with the provisions of this subsection
31 and in whom learning disabilities are identified. The officer
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1 shall be assigned nonofficer duties, without loss of employee
2 benefits, and the program shall not exceed 90 days.
3 Section 5. Subsection (2) of section 943.1395, Florida
4 Statutes, is amended to read:
5 943.1395 Certification for employment or appointment;
6 concurrent certification; reemployment or reappointment;
7 inactive status; revocation; suspension; investigation.--
8 (2) An officer who is certified in one discipline and
9 who complies with s. 943.13 in another discipline shall hold
10 concurrent certification and may be assigned in either
11 discipline within his or her employing agency. However, the
12 officer may be registered and hold concurrent certification
13 only if the employing agency has the authority to employ
14 officers who are certified in more than one discipline.
15 Section 6. Section 943.14, Florida Statutes, is
16 amended to read:
17 943.14 Commission-certified criminal justice training
18 schools; certificates and diplomas; exemptions; injunctive
19 relief; fines.--
20 (1) Each criminal justice training school approved by
21 the commission shall obtain from the commission a certificate
22 of compliance, with rules of the commission, signed by the
23 chair of the commission. Any training or educational courses
24 which are taught in any criminal justice training school must
25 first be approved in writing by the commission.
26 (2) Any certificate or diploma issued by any criminal
27 justice training school which relates to completion,
28 graduation, or attendance in criminal justice training or
29 educational subjects, or related matters, must be approved by
30 the commission staff in the department's Criminal Justice
31 Professionalism Program.
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1 (3) The commission shall establish, by rule,
2 procedures for the certification and discipline of all
3 instructors in any criminal justice training school.
4 (4) Prior to the issuance of a certificate of
5 compliance, or as a condition of continuing certification, all
6 records of any criminal justice training school that relate to
7 training and all financial and personnel records of the school
8 shall be made available to the commission upon request.
9 (5) No private criminal justice training school may
10 include within its name the word "commission," "bureau," or
11 "division" together with the word "Florida" or "state," the
12 name of any county or municipality, or any misleading
13 derivative thereof which might be construed to represent a
14 government agency or an entity authorized by a government
15 agency.
16 (6) Criminal justice training schools and courses
17 which are licensed and operated in accordance with the rules
18 of the State Board of Education and the rules of the
19 commission are exempt from the requirements of subsections
20 (1)-(5). However, any school which instructs approved
21 commission courses must meet the requirements of subsections
22 (1)-(5).
23 (6)(7)(a) Commission-approved correctional probation
24 courses and subjects which are taught by Florida 4-year
25 accredited colleges and universities are exempt from
26 subsections (1)-(5) except for such documentation which may be
27 required by the commission. The commission retains control
28 over the content of courses and subjects covered by this
29 subsection as specified in s. 943.17(1)(a). Florida 4-year
30 accredited colleges and universities must obtain approval from
31 the commission prior to offering correctional probation
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1 courses. Florida 4-year accredited colleges and universities
2 offering the Correctional Probation Training Program shall
3 teach the learning objectives specified by the commission. The
4 administration of the commission's Correctional Probation
5 Training Program within a Florida 4-year accredited college or
6 university shall fall within the institution's established
7 guidelines for course delivery and student attendance. The
8 Florida 4-year accredited college or university shall provide
9 to the commission and to the student proof of successful
10 completion of all the approved objectives required by the
11 commission for the academic courses approved for the
12 Correctional Probation Training Program. The
13 commission-certified training school administering the
14 commission-required correctional probation high-liability
15 training shall provide to the commission and to the student
16 proof of successful completion of all approved objectives.
17 (b) All other criminal justice sciences or
18 administration courses or subjects which are a part of the
19 curriculum of any accredited college, university, community
20 college, or vocational-technical center of this state, and all
21 full-time instructors of such institutions, are exempt from
22 the provisions of subsections (1)-(5).
23 (7)(8) Each criminal justice training school that
24 offers law enforcement, correctional, or correctional
25 probation officer basic recruit training, or selection center
26 that provides applicant screening for criminal justice
27 training schools, shall conduct a criminal history background
28 check of an applicant prior to entrance into the basic recruit
29 class. A complete set of fingerprints must be taken by an
30 authorized criminal justice agency or by an employee of the
31 criminal justice training school or selection center who is
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1 trained to take fingerprints. If the employing agency has
2 previously taken a set of fingerprints from the applicant and
3 has obtained a criminal history check of the applicant using
4 the fingerprints, the requirements of this subsection shall be
5 met when the employing agency submits to the criminal justice
6 training school or selection center a letter stating the date
7 on which the agency took the fingerprints of the applicant, a
8 summary of the criminal history check based on the
9 fingerprints, and a certification that the applicant is
10 qualified to enroll in the basic recruit training program
11 pursuant to s. 943.13. If the criminal justice training school
12 or selection center takes the fingerprints, it shall submit
13 the fingerprints to the Florida Department of Law Enforcement
14 for a statewide criminal history check, and forward the
15 fingerprints to the Federal Bureau of Investigation for a
16 national criminal history check. Applicants found through
17 fingerprint processing to have pled guilty to or been
18 convicted of a crime which would render the applicant unable
19 to meet the minimum qualifications for employment as an
20 officer as specified in s. 943.13(4) shall be removed from the
21 pool of qualified candidates by the criminal justice training
22 school or selection center.
23 (8)(9)(a) If a criminal justice training school or
24 person violates this section, or any rule adopted pursuant
25 hereto, the Department of Legal Affairs, at the request of the
26 chair of the commission, shall apply to the circuit court in
27 the county in which the violation or violations occurred for
28 injunctive relief prohibiting the criminal justice training
29 school or person from operating contrary to this section.
30 (b)1. In addition to any injunctive relief available
31 under paragraph (a), the commission may impose a civil fine
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1 upon any criminal justice training school or person who
2 violates subsection (1) or subsection (5), or any rule adopted
3 pursuant thereto, of up to $10,000 for each violation, which
4 fine shall be paid into the Criminal Justice Standards and
5 Training Trust Fund. The commission may impose a civil fine
6 upon any criminal justice training school or person who
7 violates subsection (2), subsection (3), or subsection (4), or
8 any rule adopted pursuant thereto, of up to $1,000 for each
9 violation, which fine shall be paid into the Criminal Justice
10 Standards and Training Trust Fund.
11 2. A proceeding under this paragraph shall comply with
12 the provisions of chapter 120, and the final order of the
13 commission constitutes final agency action for the purposes of
14 chapter 120. When the commission imposes a civil fine and the
15 fine is not paid within a reasonable time, the Department of
16 Legal Affairs, at the request of the chair of the commission,
17 shall bring a civil action under the provisions of s. 120.69
18 to recover the fine. The commission and the Department of
19 Legal Affairs are not required to post any bond in any
20 proceeding herein.
21 Section 7. Section 943.17, Florida Statutes, is
22 amended to read:
23 943.17 Basic recruit, advanced, and career development
24 training programs; participation; cost; evaluation.--The
25 commission shall, by rule, design, implement, maintain,
26 evaluate, and revise entry requirements and job-related
27 curricula and performance standards for basic recruit,
28 advanced, and career development training programs and
29 courses. The rules shall include, but are not limited to, a
30 methodology to assess relevance of the subject matter to the
31 job, student performance, and instructor competency.
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1 (1) The commission shall:
2 (a) Design, implement, maintain, evaluate, and revise,
3 or adopt a basic recruit training program for the purpose of
4 providing minimum employment training qualifications for all
5 officers to be employed or appointed in each discipline.
6 (b) Design, implement, maintain, evaluate, and revise,
7 or adopt an advanced training program which is limited to
8 those courses enhancing an officer's knowledge, skills, and
9 abilities for the job he or she performs.
10 (c) Design, implement, maintain, evaluate, and revise,
11 or adopt a career development training program which is
12 limited to those courses related to promotion to a higher rank
13 or position. Career development courses will not be eligible
14 for funding as provided in s. 943.25(9).
15 (d) Design, implement, maintain, evaluate, revise, or
16 adopt a specialized training program consisting of identified
17 goals and objectives that enhance an officer's ability to
18 perform his or her duties. For any existing or newly
19 established course, adopt an examination and assessment
20 instrument that is job-related and measures an officer's
21 acquisition of knowledge, skills, and abilities. An acceptable
22 level of measurable student performance shall also be
23 developed for each course.
24 (e) Implement, administer, maintain, and revise a
25 job-related officer certification examination for each
26 discipline.
27 (f) Acknowledge any specialized training course
28 approved by the commission prior to October 1, 1984, as an
29 inservice training course under s. 943.175, except that the
30 radar training course developed under former s. 943.14(14),
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1 Florida Statutes 1983, shall be considered an approved
2 advanced training program course.
3 (g) Assure that entrance into the basic recruit
4 training program for law enforcement, correctional, and
5 correctional probation officers be limited to those who have
6 passed a basic skills examination and assessment instrument,
7 based on a job task analysis in each discipline and adopted by
8 the commission.
9 (2) The commission is encouraged to design, implement,
10 maintain, evaluate, and revise criminal justice training
11 courses, or to enter into contracts for such training courses,
12 that are intended to provide for the safety and well-being of
13 the citizens of and visitors to this state.
14 (3) The program shall be responsible for the accuracy
15 of curriculum content through the identification and revision
16 of typographical or grammatical errors, incorrect statutory
17 citations, or information which can be identified as
18 inaccurate by superior references. The commission shall be
19 advised of any revision, and a copy of revised curricula shall
20 be provided to all criminal justice training schools.
21 (4) The commission may, by rule, establish a
22 sponsorship program for prospective officers. The rule shall
23 specify the provisions of s. 943.13 that must be satisfied
24 prior to the prospective officer's enrollment in a basic
25 recruit training course. However, the rule shall not conflict
26 with any laws or rules of the Department of Education relating
27 to student enrollment.
28 (5) The commission, in consultation with the Florida
29 Violent Crime and Drug Control Council, shall establish
30 standards for basic and advanced training programs for law
31 enforcement officers in the subjects of investigating and
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1 preventing violent crime. After January 1, 1995, every basic
2 skills course required in order for law enforcement officers
3 to obtain initial certification must include training on
4 violent crime prevention and investigations.
5 Section 8. Subsection (2) of section 943.173, Florida
6 Statutes, is amended to read:
7 943.173 Examinations; administration; materials not
8 public records; disposal of materials.--
9 (2) Each advanced and career development course
10 examination adopted by the commission shall be administered at
11 a certified criminal justice training school under the
12 supervision of the training center director.
13 Section 9. Section 943.175, Florida Statutes, is
14 amended to read:
15 943.175 Inservice and specialized training.--
16 (1) Inservice training programs, consisting of courses
17 established, implemented, and evaluated by an employing
18 agency, are the responsibility of the employing agency.
19 Inservice Specialized training programs, consisting of courses
20 established, implemented, and evaluated by a criminal justice
21 training school, are the responsibility of the criminal
22 justice training school. Inservice and specialized training
23 programs or courses need not be approved by the commission.
24 (2) The commission shall, by rule, establish
25 procedures and criteria whereby an employing agency or
26 criminal justice training school seeking commission approval
27 of a specialized training program or course must submit the
28 program or course to the commission for evaluation. The
29 procedures and criteria shall include, but are not limited to,
30 a demonstration of job relevance and quality of instruction.
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1 (2)(3) Inservice or specialized training courses or
2 programs shall not be part of the programs or courses
3 established by the commission pursuant to s. 943.17, nor shall
4 they be used to qualify an officer for salary incentive
5 payment provided under s. 943.22.
6 Section 10. Paragraph (a) of subsection (1) of section
7 943.22, Florida Statutes, is amended to read:
8 943.22 Salary incentive program for full-time
9 officers.--
10 (1) For the purpose of this section, the term:
11 (a) "Accredited college, university, or community
12 college" means a college, university, or community college
13 which has been accredited by the Southern Association of
14 Colleges and Schools, another regional accrediting agency, or
15 the Accrediting Commission for Independent Colleges and
16 Schools American Association of Collegiate Registrars and
17 Admissions Officers.
18 Section 11. Subsections (2) and (6) of section 943.25,
19 Florida Statutes, are amended to read:
20 943.25 Criminal justice trust funds; source of funds;
21 use of funds.--
22 (2) There is created, within the Department of Law
23 Enforcement, the Criminal Justice Standards and Training Trust
24 Fund for the purpose of providing for the payment of necessary
25 and proper expenses incurred by the operation of the
26 commission and the Criminal Justice Professionalism Program
27 and providing commission-approved criminal justice advanced
28 and specialized training and criminal justice training school
29 enhancements and of establishing the provisions of s. 943.17
30 and developing the specific tests provided under s.
31 943.12(9)(10). The program shall administer the Criminal
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1 Justice Standards and Training Trust Fund and shall report the
2 status of the fund at each regularly scheduled commission
3 meeting.
4 (6) No Training, room, or board cost may not be
5 assessed against any officer or employing agency for any
6 advanced and specialized training course funded from the
7 Criminal Justice Standards and Training Trust Fund and offered
8 through a criminal justice training school certified by the
9 commission. Such expenses shall be paid from the trust fund
10 and are not reimbursable by the officer. Travel costs to and
11 from the training site are the responsibility of the trainee
12 or employing agency. Any compensation, including, but not
13 limited to, salaries and benefits, paid to any person during
14 the period of training shall be fixed and determined by the
15 employing agency; and such compensation shall be paid directly
16 to the person.
17 (a) The commission shall develop a policy of
18 reciprocal payment for training officers from regions other
19 than the region providing the training.
20 (b) An officer who is not employed or appointed by an
21 employing agency of this state may attend a course funded by
22 the trust fund, provided the officer is required to pay to the
23 criminal justice training school all training costs incurred
24 for her or his attendance.
25 Section 12. Paragraph (a) of subsection (1), paragraph
26 (b) of subsection (2), paragraph (b) of subsection (3), and
27 paragraph (a) of subsection (5) of section 316.640, Florida
28 Statutes, are amended to read:
29 316.640 Enforcement.--The enforcement of the traffic
30 laws of this state is vested as follows:
31 (1) STATE.--
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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
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 (2) COUNTIES.--
29 (b) The sheriff's office of each county may employ as
30 a traffic crash investigation officer any individual who
31 successfully completes at least 200 hours of instruction in
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1 traffic crash investigation and court presentation through the
2 Selective Traffic Enforcement Program (STEP) as approved by
3 the Criminal Justice Standards and Training Commission and
4 funded through the National Highway Traffic Safety
5 Administration (NHTSA) or a similar program approved by the
6 commission, but who does not necessarily otherwise meet the
7 uniform minimum standards established by the commission for
8 law enforcement officers or auxiliary law enforcement officers
9 under chapter 943. Any such traffic crash investigation
10 officer who makes an investigation at the scene of a traffic
11 crash may issue traffic citations when, based upon personal
12 investigation, he or she has reasonable and probable grounds
13 to believe that a person who was involved has committed an
14 offense under this chapter in connection with the crash. This
15 paragraph does not permit the carrying of firearms or other
16 weapons, nor do such officers have arrest authority other than
17 for the issuance of a traffic citation as authorized in this
18 paragraph.
19 (3) MUNICIPALITIES.--
20 (b) The police department of a chartered municipality
21 may employ as a traffic crash investigation officer any
22 individual who successfully completes at least 200 hours of
23 instruction in traffic crash investigation and court
24 presentation through the Selective Traffic Enforcement Program
25 (STEP) as approved by the Criminal Justice Standards and
26 Training Commission and funded through the National Highway
27 Traffic Safety Administration (NHTSA) or a similar program
28 approved by the commission, but who does not otherwise meet
29 the uniform minimum standards established by the commission
30 for law enforcement officers or auxiliary law enforcement
31 officers under chapter 943. Any such traffic crash
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1 investigation officer who makes an investigation at the scene
2 of a traffic crash is authorized to issue traffic citations
3 when, based upon personal investigation, he or she has
4 reasonable and probable grounds to believe that a person
5 involved has committed an offense under the provisions of this
6 chapter in connection with the crash. Nothing in this
7 paragraph shall be construed to permit the carrying of
8 firearms or other weapons, nor shall such officers have arrest
9 authority other than for the issuance of a traffic citation as
10 authorized above.
11 (5)(a) Any sheriff's department or police department
12 of a municipality may employ, as a traffic infraction
13 enforcement officer, any individual who successfully completes
14 at least 200 hours of instruction in traffic enforcement
15 procedures and court presentation through the Selective
16 Traffic Enforcement Program as approved by the Division of
17 Criminal Justice Standards and Training of the Department of
18 Law Enforcement, or through a similar program, but who does
19 not necessarily otherwise meet the uniform minimum standards
20 established by the Criminal Justice Standards and Training
21 Commission for law enforcement officers or auxiliary law
22 enforcement officers under s. 943.13. Any such traffic
23 infraction enforcement officer who observes the commission of
24 a traffic infraction or, in the case of a parking infraction,
25 who observes an illegally parked vehicle may issue a traffic
26 citation for the infraction when, based upon personal
27 investigation, he or she has reasonable and probable grounds
28 to believe that an offense has been committed which
29 constitutes a noncriminal traffic infraction as defined in s.
30 318.14.
31 Section 13. This act shall take effect July 1, 2002.
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2 HOUSE SUMMARY
3
Revises provisions relating to criminal justice standards
4 and training. Requires the Criminal Justice Standards and
Training Commission to conduct inquiries of criminal
5 justice training instructors. Authorizes physician
assistants to examine law enforcement officers as a
6 condition of employment. Revises provisions relating to
minimum basic training for temporary employees and
7 officers. Deletes requirement to provide a remediation
program for certain officers. Clarifies authority of
8 agencies to employ officers certified in multiple
disciplines. Revises provisions relating to
9 commission-certified criminal justice training schools.
Authorizes employing agencies to submit information
10 regarding fingerprints and criminal history checks.
Revises provisions relating to basic recruit, advanced,
11 and career development programs. Provides for a
specialized training program. Removes requirement that
12 certain examinations be adopted by the commission.
Removes provisions relating to specialized training
13 programs. Clarifies authority for accreditation.
Prohibits the assessment of costs for advanced and
14 specialized training under certain circumstances. Revises
provisions relating to required instruction for certain
15 traffic officers.
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