House Bill hb1641e1

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                                       CS/HB 1641, First Engrossed



  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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                                       CS/HB 1641, First Engrossed



  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 effective

  7         dates.

  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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                                       CS/HB 1641, First Engrossed



  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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                                       CS/HB 1641, First Engrossed



  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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                                       CS/HB 1641, First Engrossed



  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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                                       CS/HB 1641, First Engrossed



  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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                                       CS/HB 1641, First Engrossed



  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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                                       CS/HB 1641, First Engrossed



  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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                                       CS/HB 1641, First Engrossed



  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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                                       CS/HB 1641, First Engrossed



  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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                                       CS/HB 1641, First Engrossed



  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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                                       CS/HB 1641, First Engrossed



  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.

31


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                                       CS/HB 1641, First Engrossed



  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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                                       CS/HB 1641, First Engrossed



  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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                                       CS/HB 1641, First Engrossed



  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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                                       CS/HB 1641, First Engrossed



  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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                                       CS/HB 1641, First Engrossed



  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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                                       CS/HB 1641, First Engrossed



  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


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                                       CS/HB 1641, First Engrossed



  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.  Effective upon this act becoming a law,

19  subsection (14) of section 790.065, Florida Statutes, is

20  amended to read:

21         790.065  Sale and delivery of firearms.--

22         (14)  This section is repealed effective June 1, 2004

23  2002.

24         Section 13.  Except as otherwise expressly provided in

25  this act and except for this section, which shall take effect

26  upon becoming a law, this act shall take effect July 1, 2002.

27

28

29

30

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