House Bill hb1641c1
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Florida House of Representatives - 2002 CS/HB 1641
By the Council for Healthy Communities and Representative
Evers
1 A bill to be entitled
2 An act relating to law enforcement; amending s.
3 943.12, F.S.; requiring the Criminal Justice
4 Standards and Training Commission to conduct
5 inquiries of criminal justice training
6 instructors; amending s. 943.13, F.S.;
7 authorizing physician assistants to examine law
8 enforcement officers as a condition of
9 employment; amending s. 943.131, F.S.; revising
10 provisions relating to minimum basic training
11 for temporary employees and officers; amending
12 s. 943.135, F.S.; deleting requirement to
13 provide a remediation program for certain
14 officers; amending s. 943.14, F.S.; revising
15 provisions relating to commission-certified
16 criminal justice training schools; authorizing
17 employing agencies to submit information
18 regarding fingerprints and criminal history
19 checks; amending s. 943.17, F.S.; revising
20 provisions relating to basic recruit, advanced,
21 and career development programs; providing for
22 a specialized training program; amending s.
23 943.173, F.S.; removing requirement that
24 certain examinations be adopted by the
25 commission; amending s. 943.175, F.S.; removing
26 provisions relating to specialized training
27 programs; amending s. 943.22, F.S.; clarifying
28 authority for accreditation; amending s.
29 943.25, F.S.; prohibiting the assessment of
30 costs for advanced and specialized training
31 under certain circumstances; conforming a cross
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1 reference; amending s. 316.640, F.S.; revising
2 provisions relating to required instruction for
3 certain traffic officers; amending s. 790.065,
4 F.S., relating to the sale and delivery of
5 weapons and firearms; extending the date of
6 repeal of such section; providing an effective
7 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. Section 943.14, Florida Statutes, is
4 amended to read:
5 943.14 Commission-certified criminal justice training
6 schools; certificates and diplomas; exemptions; injunctive
7 relief; fines.--
8 (1) Each criminal justice training school approved by
9 the commission shall obtain from the commission a certificate
10 of compliance, with rules of the commission, signed by the
11 chair of the commission. Any training or educational courses
12 which are taught in any criminal justice training school must
13 first be approved in writing by the commission.
14 (2) Any certificate or diploma issued by any criminal
15 justice training school which relates to completion,
16 graduation, or attendance in criminal justice training or
17 educational subjects, or related matters, must be approved by
18 the commission staff in the department's Criminal Justice
19 Professionalism Program.
20 (3) The commission shall establish, by rule,
21 procedures for the certification and discipline of all
22 instructors in any criminal justice training school.
23 (4) Prior to the issuance of a certificate of
24 compliance, or as a condition of continuing certification, all
25 records of any criminal justice training school that relate to
26 training and all financial and personnel records of the school
27 shall be made available to the commission upon request.
28 (5) No private criminal justice training school may
29 include within its name the word "commission," "bureau," or
30 "division" together with the word "Florida" or "state," the
31 name of any county or municipality, or any misleading
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1 derivative thereof which might be construed to represent a
2 government agency or an entity authorized by a government
3 agency.
4 (6) Criminal justice training schools and courses
5 which are licensed and operated in accordance with the rules
6 of the State Board of Education and the rules of the
7 commission are exempt from the requirements of subsections
8 (1)-(5). However, any school which instructs approved
9 commission courses must meet the requirements of subsections
10 (1)-(5).
11 (6)(7)(a) Commission-approved correctional probation
12 courses and subjects which are taught by Florida 4-year
13 accredited colleges and universities are exempt from
14 subsections (1)-(5) except for such documentation which may be
15 required by the commission. The commission retains control
16 over the content of courses and subjects covered by this
17 subsection as specified in s. 943.17(1)(a). Florida 4-year
18 accredited colleges and universities must obtain approval from
19 the commission prior to offering correctional probation
20 courses. Florida 4-year accredited colleges and universities
21 offering the Correctional Probation Training Program shall
22 teach the learning objectives specified by the commission. The
23 administration of the commission's Correctional Probation
24 Training Program within a Florida 4-year accredited college or
25 university shall fall within the institution's established
26 guidelines for course delivery and student attendance. The
27 Florida 4-year accredited college or university shall provide
28 to the commission and to the student proof of successful
29 completion of all the approved objectives required by the
30 commission for the academic courses approved for the
31 Correctional Probation Training Program. The
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1 commission-certified training school administering the
2 commission-required correctional probation high-liability
3 training shall provide to the commission and to the student
4 proof of successful completion of all approved objectives.
5 (b) All other criminal justice sciences or
6 administration courses or subjects which are a part of the
7 curriculum of any accredited college, university, community
8 college, or vocational-technical center of this state, and all
9 full-time instructors of such institutions, are exempt from
10 the provisions of subsections (1)-(5).
11 (7)(8) Each criminal justice training school that
12 offers law enforcement, correctional, or correctional
13 probation officer basic recruit training, or selection center
14 that provides applicant screening for criminal justice
15 training schools, shall conduct a criminal history background
16 check of an applicant prior to entrance into the basic recruit
17 class. A complete set of fingerprints must be taken by an
18 authorized criminal justice agency or by an employee of the
19 criminal justice training school or selection center who is
20 trained to take fingerprints. If the employing agency has
21 previously taken a set of fingerprints from the applicant and
22 has obtained a criminal history check of the applicant using
23 the fingerprints, the requirements of this subsection shall be
24 met when the employing agency submits to the criminal justice
25 training school or selection center a letter stating the date
26 on which the agency took the fingerprints of the applicant, a
27 summary of the criminal history check based on the
28 fingerprints, and a certification that the applicant is
29 qualified to enroll in the basic recruit training program
30 pursuant to s. 943.13. If the criminal justice training school
31 or selection center takes the fingerprints, it shall submit
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1 the fingerprints to the Florida Department of Law Enforcement
2 for a statewide criminal history check, and forward the
3 fingerprints to the Federal Bureau of Investigation for a
4 national criminal history check. Applicants found through
5 fingerprint processing to have pled guilty to or been
6 convicted of a crime which would render the applicant unable
7 to meet the minimum qualifications for employment as an
8 officer as specified in s. 943.13(4) shall be removed from the
9 pool of qualified candidates by the criminal justice training
10 school or selection center.
11 (8)(9)(a) If a criminal justice training school or
12 person violates this section, or any rule adopted pursuant
13 hereto, the Department of Legal Affairs, at the request of the
14 chair of the commission, shall apply to the circuit court in
15 the county in which the violation or violations occurred for
16 injunctive relief prohibiting the criminal justice training
17 school or person from operating contrary to this section.
18 (b)1. In addition to any injunctive relief available
19 under paragraph (a), the commission may impose a civil fine
20 upon any criminal justice training school or person who
21 violates subsection (1) or subsection (5), or any rule adopted
22 pursuant thereto, of up to $10,000 for each violation, which
23 fine shall be paid into the Criminal Justice Standards and
24 Training Trust Fund. The commission may impose a civil fine
25 upon any criminal justice training school or person who
26 violates subsection (2), subsection (3), or subsection (4), or
27 any rule adopted pursuant thereto, of up to $1,000 for each
28 violation, which fine shall be paid into the Criminal Justice
29 Standards and Training Trust Fund.
30 2. A proceeding under this paragraph shall comply with
31 the provisions of chapter 120, and the final order of the
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1 commission constitutes final agency action for the purposes of
2 chapter 120. When the commission imposes a civil fine and the
3 fine is not paid within a reasonable time, the Department of
4 Legal Affairs, at the request of the chair of the commission,
5 shall bring a civil action under the provisions of s. 120.69
6 to recover the fine. The commission and the Department of
7 Legal Affairs are not required to post any bond in any
8 proceeding herein.
9 Section 6. Section 943.17, Florida Statutes, is
10 amended to read:
11 943.17 Basic recruit, advanced, and career development
12 training programs; participation; cost; evaluation.--The
13 commission shall, by rule, design, implement, maintain,
14 evaluate, and revise entry requirements and job-related
15 curricula and performance standards for basic recruit,
16 advanced, and career development training programs and
17 courses. The rules shall include, but are not limited to, a
18 methodology to assess relevance of the subject matter to the
19 job, student performance, and instructor competency.
20 (1) The commission shall:
21 (a) Design, implement, maintain, evaluate, and revise,
22 or adopt a basic recruit training program for the purpose of
23 providing minimum employment training qualifications for all
24 officers to be employed or appointed in each discipline.
25 (b) Design, implement, maintain, evaluate, and revise,
26 or adopt an advanced training program which is limited to
27 those courses enhancing an officer's knowledge, skills, and
28 abilities for the job he or she performs.
29 (c) Design, implement, maintain, evaluate, and revise,
30 or adopt a career development training program which is
31 limited to those courses related to promotion to a higher rank
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1 or position. Career development courses will not be eligible
2 for funding as provided in s. 943.25(9).
3 (d) Design, implement, maintain, evaluate, revise, or
4 adopt a specialized training program consisting of identified
5 goals and objectives that enhance an officer's ability to
6 perform his or her duties. For any existing or newly
7 established course, adopt an examination and assessment
8 instrument that is job-related and measures an officer's
9 acquisition of knowledge, skills, and abilities. An acceptable
10 level of measurable student performance shall also be
11 developed for each course.
12 (e) Implement, administer, maintain, and revise a
13 job-related officer certification examination for each
14 discipline.
15 (f) Acknowledge any specialized training course
16 approved by the commission prior to October 1, 1984, as an
17 inservice training course under s. 943.175, except that the
18 radar training course developed under former s. 943.14(14),
19 Florida Statutes 1983, shall be considered an approved
20 advanced training program course.
21 (g) Assure that entrance into the basic recruit
22 training program for law enforcement, correctional, and
23 correctional probation officers be limited to those who have
24 passed a basic skills examination and assessment instrument,
25 based on a job task analysis in each discipline and adopted by
26 the commission.
27 (2) The commission is encouraged to design, implement,
28 maintain, evaluate, and revise criminal justice training
29 courses, or to enter into contracts for such training courses,
30 that are intended to provide for the safety and well-being of
31 the citizens of and visitors to this state.
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1 (3) The program shall be responsible for the accuracy
2 of curriculum content through the identification and revision
3 of typographical or grammatical errors, incorrect statutory
4 citations, or information which can be identified as
5 inaccurate by superior references. The commission shall be
6 advised of any revision, and a copy of revised curricula shall
7 be provided to all criminal justice training schools.
8 (4) The commission may, by rule, establish a
9 sponsorship program for prospective officers. The rule shall
10 specify the provisions of s. 943.13 that must be satisfied
11 prior to the prospective officer's enrollment in a basic
12 recruit training course. However, the rule shall not conflict
13 with any laws or rules of the Department of Education relating
14 to student enrollment.
15 (5) The commission, in consultation with the Florida
16 Violent Crime and Drug Control Council, shall establish
17 standards for basic and advanced training programs for law
18 enforcement officers in the subjects of investigating and
19 preventing violent crime. After January 1, 1995, every basic
20 skills course required in order for law enforcement officers
21 to obtain initial certification must include training on
22 violent crime prevention and investigations.
23 Section 7. Subsection (2) of section 943.173, Florida
24 Statutes, is amended to read:
25 943.173 Examinations; administration; materials not
26 public records; disposal of materials.--
27 (2) Each advanced and career development course
28 examination adopted by the commission shall be administered at
29 a certified criminal justice training school under the
30 supervision of the training center director.
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1 Section 8. Section 943.175, Florida Statutes, is
2 amended to read:
3 943.175 Inservice and specialized training.--
4 (1) Inservice training programs, consisting of courses
5 established, implemented, and evaluated by an employing
6 agency, are the responsibility of the employing agency.
7 Inservice Specialized training programs, consisting of courses
8 established, implemented, and evaluated by a criminal justice
9 training school, are the responsibility of the criminal
10 justice training school. Inservice and specialized training
11 programs or courses need not be approved by the commission.
12 (2) The commission shall, by rule, establish
13 procedures and criteria whereby an employing agency or
14 criminal justice training school seeking commission approval
15 of a specialized training program or course must submit the
16 program or course to the commission for evaluation. The
17 procedures and criteria shall include, but are not limited to,
18 a demonstration of job relevance and quality of instruction.
19 (2)(3) Inservice or specialized training courses or
20 programs shall not be part of the programs or courses
21 established by the commission pursuant to s. 943.17, nor shall
22 they be used to qualify an officer for salary incentive
23 payment provided under s. 943.22.
24 Section 9. Paragraph (a) of subsection (1) of section
25 943.22, Florida Statutes, is amended to read:
26 943.22 Salary incentive program for full-time
27 officers.--
28 (1) For the purpose of this section, the term:
29 (a) "Accredited college, university, or community
30 college" means a college, university, or community college
31 which has been accredited by the Southern Association of
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1 Colleges and Schools, another regional accrediting agency, or
2 the Accrediting Commission for Independent Colleges and
3 Schools American Association of Collegiate Registrars and
4 Admissions Officers.
5 Section 10. Subsections (2) and (6) of section 943.25,
6 Florida Statutes, are amended to read:
7 943.25 Criminal justice trust funds; source of funds;
8 use of funds.--
9 (2) There is created, within the Department of Law
10 Enforcement, the Criminal Justice Standards and Training Trust
11 Fund for the purpose of providing for the payment of necessary
12 and proper expenses incurred by the operation of the
13 commission and the Criminal Justice Professionalism Program
14 and providing commission-approved criminal justice advanced
15 and specialized training and criminal justice training school
16 enhancements and of establishing the provisions of s. 943.17
17 and developing the specific tests provided under s.
18 943.12(9)(10). The program shall administer the Criminal
19 Justice Standards and Training Trust Fund and shall report the
20 status of the fund at each regularly scheduled commission
21 meeting.
22 (6) No Training, room, or board cost may not be
23 assessed against any officer or employing agency for any
24 advanced and specialized training course funded from the
25 Criminal Justice Standards and Training Trust Fund and offered
26 through a criminal justice training school certified by the
27 commission. Such expenses shall be paid from the trust fund
28 and are not reimbursable by the officer. Travel costs to and
29 from the training site are the responsibility of the trainee
30 or employing agency. Any compensation, including, but not
31 limited to, salaries and benefits, paid to any person during
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1 the period of training shall be fixed and determined by the
2 employing agency; and such compensation shall be paid directly
3 to the person.
4 (a) The commission shall develop a policy of
5 reciprocal payment for training officers from regions other
6 than the region providing the training.
7 (b) An officer who is not employed or appointed by an
8 employing agency of this state may attend a course funded by
9 the trust fund, provided the officer is required to pay to the
10 criminal justice training school all training costs incurred
11 for her or his attendance.
12 Section 11. Paragraph (a) of subsection (1), paragraph
13 (b) of subsection (2), paragraph (b) of subsection (3), and
14 paragraph (a) of subsection (5) of section 316.640, Florida
15 Statutes, are amended to read:
16 316.640 Enforcement.--The enforcement of the traffic
17 laws of this state is vested as follows:
18 (1) STATE.--
19 (a)1.a. The Division of Florida Highway Patrol of the
20 Department of Highway Safety and Motor Vehicles, the Division
21 of Law Enforcement of the Fish and Wildlife Conservation
22 Commission, the Division of Law Enforcement of the Department
23 of Environmental Protection, and law enforcement officers of
24 the Department of Transportation each have authority to
25 enforce all of the traffic laws of this state on all the
26 streets and highways thereof and elsewhere throughout the
27 state wherever the public has a right to travel by motor
28 vehicle. The Division of the Florida Highway Patrol may employ
29 as a traffic accident investigation officer any individual who
30 successfully completes at least 200 hours of instruction in
31 traffic accident investigation and court presentation through
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1 the Selective Traffic Enforcement Program as approved by the
2 Criminal Justice Standards and Training Commission and funded
3 through the National Highway Traffic Safety Administration or
4 a similar program approved by the commission, but who does not
5 necessarily meet the uniform minimum standards established by
6 the commission for law enforcement officers or auxiliary law
7 enforcement officers under chapter 943. Any such traffic
8 accident investigation officer who makes an investigation at
9 the scene of a traffic accident may issue traffic citations,
10 based upon personal investigation, when he or she has
11 reasonable and probable grounds to believe that a person who
12 was involved in the accident committed an offense under this
13 chapter, chapter 319, chapter 320, or chapter 322 in
14 connection with the accident. This paragraph does not permit
15 the carrying of firearms or other weapons, nor do such
16 officers have arrest authority other than for the issuance of
17 a traffic citation as authorized in this paragraph.
18 b. University police officers shall have authority to
19 enforce all of the traffic laws of this state when such
20 violations occur on or about any property or facilities that
21 are under the guidance, supervision, regulation, or control of
22 the State University System, except that traffic laws may be
23 enforced off-campus when hot pursuit originates on-campus.
24 c. Community college police officers shall have the
25 authority to enforce all the traffic laws of this state only
26 when such violations occur on any property or facilities that
27 are under the guidance, supervision, regulation, or control of
28 the community college system.
29 d. Police officers employed by an airport authority
30 shall have the authority to enforce all of the traffic laws of
31
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1 this state only when such violations occur on any property or
2 facilities that are owned or operated by an airport authority.
3 (I) An airport authority may employ as a parking
4 enforcement specialist any individual who successfully
5 completes a training program established and approved by the
6 Criminal Justice Standards and Training Commission for parking
7 enforcement specialists but who does not otherwise meet the
8 uniform minimum standards established by the commission for
9 law enforcement officers or auxiliary or part-time officers
10 under s. 943.12. Nothing in this sub-sub-subparagraph shall be
11 construed to permit the carrying of firearms or other weapons,
12 nor shall such parking enforcement specialist have arrest
13 authority.
14 (II) A parking enforcement specialist employed by an
15 airport authority is authorized to enforce all state, county,
16 and municipal laws and ordinances governing parking only when
17 such violations are on property or facilities owned or
18 operated by the airport authority employing the specialist, by
19 appropriate state, county, or municipal traffic citation.
20 e. The Office of Agricultural Law Enforcement of the
21 Department of Agriculture and Consumer Services shall have the
22 authority to enforce traffic laws of this state only as
23 authorized by the provisions of chapter 570. However, nothing
24 in this section shall expand the authority of the Office of
25 Agricultural Law Enforcement at its agricultural inspection
26 stations to issue any traffic tickets except those traffic
27 tickets for vehicles illegally passing the inspection station.
28 f. School safety officers shall have the authority to
29 enforce all of the traffic laws of this state when such
30 violations occur on or about any property or facilities which
31
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1 are under the guidance, supervision, regulation, or control of
2 the district school board.
3 2. An agency of the state as described in subparagraph
4 1. is prohibited from establishing a traffic citation quota. A
5 violation of this subparagraph is not subject to the penalties
6 provided in chapter 318.
7 3. Any disciplinary action taken or performance
8 evaluation conducted by an agency of the state as described in
9 subparagraph 1. of a law enforcement officer's traffic
10 enforcement activity must be in accordance with written
11 work-performance standards. Such standards must be approved by
12 the agency and any collective bargaining unit representing
13 such law enforcement officer. A violation of this subparagraph
14 is not subject to the penalties provided in chapter 318.
15 (2) COUNTIES.--
16 (b) The sheriff's office of each county may employ as
17 a traffic crash investigation officer any individual who
18 successfully completes at least 200 hours of instruction in
19 traffic crash investigation and court presentation through the
20 Selective Traffic Enforcement Program (STEP) as approved by
21 the Criminal Justice Standards and Training Commission and
22 funded through the National Highway Traffic Safety
23 Administration (NHTSA) or a similar program approved by the
24 commission, but who does not necessarily otherwise meet the
25 uniform minimum standards established by the commission for
26 law enforcement officers or auxiliary law enforcement officers
27 under chapter 943. Any such traffic crash investigation
28 officer who makes an investigation at the scene of a traffic
29 crash may issue traffic citations when, based upon personal
30 investigation, he or she has reasonable and probable grounds
31 to believe that a person who was involved has committed an
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1 offense under this chapter in connection with the crash. This
2 paragraph does not permit the carrying of firearms or other
3 weapons, nor do such officers have arrest authority other than
4 for the issuance of a traffic citation as authorized in this
5 paragraph.
6 (3) MUNICIPALITIES.--
7 (b) The police department of a chartered municipality
8 may employ as a traffic crash investigation officer any
9 individual who successfully completes at least 200 hours of
10 instruction in traffic crash investigation and court
11 presentation through the Selective Traffic Enforcement Program
12 (STEP) as approved by the Criminal Justice Standards and
13 Training Commission and funded through the National Highway
14 Traffic Safety Administration (NHTSA) or a similar program
15 approved by the commission, but who does not otherwise meet
16 the uniform minimum standards established by the commission
17 for law enforcement officers or auxiliary law enforcement
18 officers under chapter 943. Any such traffic crash
19 investigation officer who makes an investigation at the scene
20 of a traffic crash is authorized to issue traffic citations
21 when, based upon personal investigation, he or she has
22 reasonable and probable grounds to believe that a person
23 involved has committed an offense under the provisions of this
24 chapter in connection with the crash. Nothing in this
25 paragraph shall be construed to permit the carrying of
26 firearms or other weapons, nor shall such officers have arrest
27 authority other than for the issuance of a traffic citation as
28 authorized above.
29 (5)(a) Any sheriff's department or police department
30 of a municipality may employ, as a traffic infraction
31 enforcement officer, any individual who successfully completes
19
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Florida House of Representatives - 2002 CS/HB 1641
404-136-02
1 at least 200 hours of instruction in traffic enforcement
2 procedures and court presentation through the Selective
3 Traffic Enforcement Program as approved by the Division of
4 Criminal Justice Standards and Training of the Department of
5 Law Enforcement, or through a similar program, but who does
6 not necessarily otherwise meet the uniform minimum standards
7 established by the Criminal Justice Standards and Training
8 Commission for law enforcement officers or auxiliary law
9 enforcement officers under s. 943.13. Any such traffic
10 infraction enforcement officer who observes the commission of
11 a traffic infraction or, in the case of a parking infraction,
12 who observes an illegally parked vehicle may issue a traffic
13 citation for the infraction when, based upon personal
14 investigation, he or she has reasonable and probable grounds
15 to believe that an offense has been committed which
16 constitutes a noncriminal traffic infraction as defined in s.
17 318.14.
18 Section 12. Subsection (14) of section 790.065,
19 Florida Statutes, is amended to read:
20 790.065 Sale and delivery of firearms.--
21 (14) This section is repealed effective June 1, 2004
22 2002.
23 Section 13. This act shall take effect July 1, 2002.
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