Senate Bill sb2288
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Florida Senate - 2002 SB 2288
By Senator Futch
18-1455-02
1 A bill to be entitled
2 An act relating to the Criminal Justice
3 Standards and Training Commission; amending s.
4 943.12, F.S.; revising the powers and duties of
5 the commission relating to certification of
6 training schools and instructors; amending s.
7 943.13, F.S.; allowing employee physicals to be
8 performed by physician assistants; amending s.
9 943.131, F.S.; providing alternative
10 requirements for certain applicants who seek
11 exemptions from the basic-recruit training
12 program; amending s. 943.135, F.S.; eliminating
13 a requirement that the department provide
14 remediation programs for officers who cannot
15 comply with continuing education requirements
16 because of learning disabilities; amending s.
17 943.1395, F.S.; limiting the circumstances
18 under which officers may be registered and hold
19 concurrent certification; amending s. 943.14,
20 F.S.; deleting a requirement for commission
21 approval of certain courses; providing for
22 staff to approve certain diplomas or
23 certificates; eliminating an exemption from
24 section requirements for certain training
25 schools and programs; authorizing a hiring
26 agency to use fingerprints previously taken and
27 the results of a prior background investigation
28 for purposes of screening applicants; amending
29 s. 943.17, F.S.; requiring the commission to
30 establish a specialized training program;
31 amending s. 943.173, F.S.; conforming
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1 provisions amending s. 943.175, F.S.;
2 eliminating provisions governing specialized
3 training programs; amending s. 943.22, F.S.;
4 redefining the term "accredited college";
5 amending s. 943.25, F.S.; prohibiting the
6 assessment of certain costs against officers or
7 agencies for courses offered by criminal
8 justice training schools; amending s. 316.640,
9 F.S.; specifying the training requirement for
10 certain persons employed as traffic accident or
11 crash investigation officers or traffic
12 infraction enforcement officers; providing an
13 effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 943.12, Florida Statutes, is
18 amended to read:
19 943.12 Powers, duties, and functions of the
20 commission.--The commission shall:
21 (1) Adopt Promulgate rules for the administration of
22 ss. 943.085-943.255 pursuant to chapter 120.
23 (2) Be responsible for the execution, administration,
24 implementation, and evaluation of its powers, duties, and
25 functions under ss. 943.085-943.255, including any rules
26 promulgated or policies established hereunder.
27 (3) Certify, and revoke the certification of,
28 officers, instructors, and criminal justice training schools.
29 (4) Establish uniform minimum employment standards for
30 the various criminal justice disciplines.
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1 (5) Establish uniform minimum training standards for
2 the training of officers in the various criminal justice
3 disciplines.
4 (6) Consult and cooperate with municipalities or the
5 state or any political subdivision of the state and with
6 universities, colleges, community colleges, and other
7 educational institutions concerning the development of
8 criminal justice training schools and programs or courses of
9 instruction, including, but not necessarily limited to,
10 education and training in the areas of criminal justice
11 administration and all allied and supporting disciplines.
12 (7) Conduct official inquiries or require criminal
13 justice training schools to conduct official inquiries of
14 Authorize the issuance of certificates for criminal justice
15 training instructors who are certified by the commission
16 schools.
17 (8) Establish minimum curricular requirements for
18 criminal justice training schools.
19 (9) Authorize the issuance of certificates for
20 instructors.
21 (9)(10) Make, publish, or encourage studies on any
22 aspect of criminal justice education and training or
23 recruitment, including the development of defensible and
24 job-related psychological, selection, and performance
25 evaluation tests.
26 (10)(11) With the approval of the head of the
27 department, make and enter into such contracts and agreements
28 with other agencies, organizations, associations,
29 corporations, individuals, or federal agencies as the
30 commission determines are necessary, expedient, or incidental
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1 to the performance of its duties or the execution of its
2 powers.
3 (11)(12) Provide to each commission member and, upon
4 request, to any sheriff, chief of police, state law
5 enforcement or correctional agency chief administrator, or
6 training center director or to any other concerned citizen
7 minutes of commission meetings and notices and agendas of
8 commission meetings.
9 (12)(13) Establish a central repository of records for
10 the proper administration of its duties, powers, and
11 functions.
12 (13)(14) Issue final orders which include findings of
13 fact and conclusions of law and which constitute final agency
14 action for the purpose of chapter 120.
15 (14)(15) Enforce compliance with provisions of this
16 chapter through injunctive relief and civil fines.
17 (15)(16) Make recommendations concerning any matter
18 within the purview of this chapter.
19 (16)(17) Adopt Promulgate rules for the certification
20 and discipline of officers who engage in those specialized
21 areas found to present a high risk of harm to the officer or
22 the public at large and which would in turn increase the
23 potential liability of an employing agency.
24 (17)(18) Implement, administer, maintain, and revise a
25 job-related officer certification examination for each
26 criminal justice discipline. The commission shall, by rule,
27 establish procedures for the administration of the officer
28 certification examinations. Further, the commission shall
29 establish standards for acceptable performance for each
30 officer certification examination.
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1 Section 2. Subsection (6) of section 943.13, Florida
2 Statutes, is amended to read:
3 943.13 Officers' minimum qualifications for employment
4 or appointment.--On or after October 1, 1984, any person
5 employed or appointed as a full-time, part-time, or auxiliary
6 law enforcement officer or correctional officer; on or after
7 October 1, 1986, any person employed as a full-time,
8 part-time, or auxiliary correctional probation officer; and on
9 or after October 1, 1986, any person employed as a full-time,
10 part-time, or auxiliary correctional officer by a private
11 entity under contract to the Department of Corrections, to a
12 county commission, or to the Correctional Privatization
13 Commission shall:
14 (6) Have passed a physical examination by a licensed
15 physician or physician assistant, based on specifications
16 established by the commission.
17 Section 3. Section 943.131, Florida Statutes, is
18 amended to read:
19 943.131 Temporary employment or appointment; minimum
20 basic recruit training exemption.--
21 (1)(a) An employing agency may temporarily employ or
22 appoint a person who complies with the qualifications for
23 employment in s. 943.13(1)-(8), but has not fulfilled the
24 requirements of s. 943.13(9) and (10), if a critical need
25 exists to employ or appoint the person and such person is or
26 will be enrolled in the next approved basic recruit training
27 program available in the geographic area or that no assigned
28 state training program for state officers is available within
29 a reasonable time. The employing agency must maintain
30 documentation which demonstrates that a critical need exists
31 to employ a person pursuant to this section. Prior to the
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1 employment or appointment of any person other than a
2 correctional probation officer under this subsection, the
3 person shall comply with the firearms provisions established
4 pursuant to s. 943.17(1)(a). Any person temporarily employed
5 or appointed as an officer under this subsection must attend
6 the first training program offered in the geographic area, or
7 the first assigned state training program for a state officer,
8 subsequent to his or her employment or appointment. Further,
9 upon successful completion of the basic recruit training
10 program, any person temporarily employed or appointed as an
11 officer must fulfill the requirements of s. 943.13(10) within
12 180 consecutive days.
13 (b) In no case may the person be temporarily employed
14 or appointed for more than 180 consecutive days, and such
15 temporary employment or appointment is not renewable by the
16 employing agency or transferable to another employing agency.
17 However, a person who is temporarily employed or appointed and
18 is attending the first training program offered in the
19 geographic area, or has been assigned to a state training
20 program, may continue to be temporarily employed or appointed
21 until the person:
22 1. Successfully completes the basic recruit training
23 program and achieves an acceptable score on the officer
24 certification examination;
25 2. Fails or withdraws from a any course of the basic
26 recruit training program;
27 3. Fails to achieve an acceptable score on the officer
28 certification examination within 180 consecutive days after
29 the successful completion of the basic recruit training
30 program; or
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1 4. Is separated from employment or appointment by the
2 employing agency.
3 (c) No person temporarily employed or appointed under
4 the provisions of this subsection may perform the duties of an
5 officer unless he or she is adequately supervised by another
6 officer of the same discipline. The supervising officer must
7 be in full compliance with the provisions of s. 943.13 and
8 must be employed or appointed by the employing agency.
9 (2) If an applicant seeks an exemption from completing
10 a commission-approved basic recruit training program, the
11 employing agency must verify that the applicant has
12 successfully completed a comparable basic recruit training
13 program for the discipline in which the applicant is seeking
14 certification in another state or for the Federal Government.
15 Further, the employing agency must verify that the applicant
16 has served as a full-time sworn officer in another state or
17 for the Federal Government for at least one year. When the
18 employing agency obtains written documentation regarding the
19 applicant's criminal justice experience, the documentation
20 must be submitted to the commission. The commission shall
21 adopt rules that establish criteria and procedures to
22 determine if the applicant is exempt from completing the
23 commission-approved basic recruit training program and, upon
24 making a determination, shall notify the employing agency. An
25 If the applicant who is exempt from completing the
26 commission-approved basic recruit training program, the
27 applicant must demonstrate proficiency in the high-liability
28 areas, as defined by commission rule, and must complete the
29 requirements of s. 943.13(10) within 180 days after receiving
30 an exemption. If the proficiencies and requirements of s.
31 943.13(10) are not met within the 180 days, the applicant must
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1 complete a commission-approved basic recruit training program
2 complete training, as required by the commission by rule, in
3 areas which include, but are not limited to, defensive
4 driving, defensive tactics, firearms training, and first
5 responder training. Except as provided in subsection (1),
6 before the employing agency may employ or appoint the
7 applicant as an officer, the applicant must meet the minimum
8 qualifications described in s. 943.13(1)-(8), and must fulfill
9 the requirements of s. 943.13(10).
10 Section 4. Subsection (1) of section 943.135, Florida
11 Statutes, is amended to read:
12 943.135 Requirements for continued employment.--
13 (1) The commission shall, by rule, adopt a program
14 that requires all officers, as a condition of continued
15 employment or appointment as officers, to receive periodic
16 commission-approved continuing training or education. Such
17 continuing training or education shall be required at the rate
18 of 40 hours every 4 years. No officer shall be denied a
19 reasonable opportunity by the employing agency to comply with
20 this section. The employing agency must document that the
21 continuing training or education is job-related and consistent
22 with the needs of the employing agency. The employing agency
23 must maintain and submit, or electronically transmit, the
24 documentation to the commission, in a format approved by the
25 commission. The rule shall also provide:
26 (a) Assistance to an employing agency in identifying
27 each affected officer, the date of his or her employment or
28 appointment, and his or her most recent date for successful
29 completion of continuing training or education; and
30 (b) A procedure for reactivation of the certification
31 of an officer who is not in compliance with this section.; and
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1 (c) A remediation program supervised by the training
2 center director within the geographic area for any officer who
3 is attempting to comply with the provisions of this subsection
4 and in whom learning disabilities are identified. The officer
5 shall be assigned nonofficer duties, without loss of employee
6 benefits, and the program shall not exceed 90 days.
7 Section 5. Subsection (2) of section 943.1395, Florida
8 Statutes, is amended to read:
9 943.1395 Certification for employment or appointment;
10 concurrent certification; reemployment or reappointment;
11 inactive status; revocation; suspension; investigation.--
12 (2) An officer who is certified in one discipline and
13 who complies with s. 943.13 in another discipline shall hold
14 concurrent certification and may be assigned in either
15 discipline within his or her employing agency. However, the
16 officer may be registered and hold concurrent certification
17 only if the employing agency has authority to employ multiple
18 disciplines.
19 Section 6. Section 943.14, Florida Statutes, is
20 amended to read:
21 943.14 Commission-certified criminal justice training
22 schools; certificates and diplomas; exemptions; injunctive
23 relief; fines.--
24 (1) Each criminal justice training school approved by
25 the commission shall obtain from the commission a certificate
26 of compliance, with rules of the commission, signed by the
27 chair of the commission. Any training or educational courses
28 which are taught in any criminal justice training school must
29 first be approved in writing by the commission.
30 (2) Any certificate or diploma issued by any criminal
31 justice training school which relates to completion,
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1 graduation, or attendance in criminal justice training or
2 educational subjects, or related matters, must be approved by
3 the commission staff in the department's Criminal Justice
4 Professionalism Program.
5 (3) The commission shall establish, by rule,
6 procedures for the certification and discipline of all
7 instructors in any criminal justice training school.
8 (4) Prior to the issuance of a certificate of
9 compliance, or as a condition of continuing certification, all
10 records of any criminal justice training school that relate to
11 training and all financial and personnel records of the school
12 shall be made available to the commission upon request.
13 (5) No private criminal justice training school may
14 include within its name the word "commission," "bureau," or
15 "division" together with the word "Florida" or "state," the
16 name of any county or municipality, or any misleading
17 derivative thereof which might be construed to represent a
18 government agency or an entity authorized by a government
19 agency.
20 (6) Criminal justice training schools and courses
21 which are licensed and operated in accordance with the rules
22 of the State Board of Education and the rules of the
23 commission are exempt from the requirements of subsections
24 (1)-(5). However, any school which instructs approved
25 commission courses must meet the requirements of subsections
26 (1)-(5).
27 (6)(7)(a) Commission-approved correctional probation
28 courses and subjects which are taught by Florida 4-year
29 accredited colleges and universities are exempt from
30 subsections (1)-(5) except for such documentation which may be
31 required by the commission. The commission retains control
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1 over the content of courses and subjects covered by this
2 subsection as specified in s. 943.17(1)(a). Florida 4-year
3 accredited colleges and universities must obtain approval from
4 the commission prior to offering correctional probation
5 courses. Florida 4-year accredited colleges and universities
6 offering the Correctional Probation Training Program shall
7 teach the learning objectives specified by the commission.
8 The administration of the commission's Correctional Probation
9 Training Program within a Florida 4-year accredited college or
10 university shall fall within the institution's established
11 guidelines for course delivery and student attendance. The
12 Florida 4-year accredited college or university shall provide
13 to the commission and to the student proof of successful
14 completion of all the approved objectives required by the
15 commission for the academic courses approved for the
16 Correctional Probation Training Program. The
17 commission-certified training school administering the
18 commission-required correctional probation high-liability
19 training shall provide to the commission and to the student
20 proof of successful completion of all approved objectives.
21 (b) All other criminal justice sciences or
22 administration courses or subjects which are a part of the
23 curriculum of any accredited college, university, community
24 college, or vocational-technical center of this state, and all
25 full-time instructors of such institutions, are exempt from
26 the provisions of subsections (1)-(5).
27 (7)(8) Each criminal justice training school that
28 offers law enforcement, correctional, or correctional
29 probation officer basic recruit training, or selection center
30 that provides applicant screening for criminal justice
31 training schools, shall conduct a criminal history background
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1 check of an applicant prior to entrance into the basic recruit
2 class. A complete set of fingerprints must be taken by an
3 authorized criminal justice agency or by an employee of the
4 criminal justice training school or selection center who is
5 trained to take fingerprints. If the hiring agency has
6 previously taken a set of fingerprints from the applicant and
7 has obtained a criminal history background check of the
8 applicant using the fingerprints, the hiring agency may meet
9 the requirements of this section by submitting a letter to the
10 criminal justice training school or selection center which
11 states the date the agency took the applicant's fingerprints,
12 summarizes the results of the background investigation
13 conducted using the fingerprints, and certifies that the
14 applicant is qualified to take the basic recruit training
15 program pursuant to s. 943.13. If the criminal justice
16 training school or selection center takes the applicant's
17 fingerprints, the school or center shall submit the
18 fingerprints to the Florida Department of Law Enforcement for
19 a statewide criminal history check, and forward the
20 fingerprints to the Federal Bureau of Investigation for a
21 national criminal history check. Applicants found through
22 fingerprint processing to have pled guilty to or been
23 convicted of a crime which would render the applicant unable
24 to meet the minimum qualifications for employment as an
25 officer as specified in s. 943.13(4) shall be removed from the
26 pool of qualified candidates by the criminal justice training
27 school or selection center.
28 (8)(9)(a) If a criminal justice training school or
29 person violates this section, or any rule adopted pursuant
30 hereto, the Department of Legal Affairs, at the request of the
31 chair of the commission, shall apply to the circuit court in
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1 the county in which the violation or violations occurred for
2 injunctive relief prohibiting the criminal justice training
3 school or person from operating contrary to this section.
4 (b)1. In addition to any injunctive relief available
5 under paragraph (a), the commission may impose a civil fine
6 upon any criminal justice training school or person who
7 violates subsection (1) or subsection (5), or any rule adopted
8 pursuant thereto, of up to $10,000 for each violation, which
9 fine shall be paid into the Criminal Justice Standards and
10 Training Trust Fund. The commission may impose a civil fine
11 upon any criminal justice training school or person who
12 violates subsection (2), subsection (3), or subsection (4), or
13 any rule adopted pursuant thereto, of up to $1,000 for each
14 violation, which fine shall be paid into the Criminal Justice
15 Standards and Training Trust Fund.
16 2. A proceeding under this paragraph shall comply with
17 the provisions of chapter 120, and the final order of the
18 commission constitutes final agency action for the purposes of
19 chapter 120. When the commission imposes a civil fine and the
20 fine is not paid within a reasonable time, the Department of
21 Legal Affairs, at the request of the chair of the commission,
22 shall bring a civil action under the provisions of s. 120.69
23 to recover the fine. The commission and the Department of
24 Legal Affairs are not required to post any bond in any
25 proceeding herein.
26 Section 7. Section 943.17, Florida Statutes, is
27 amended to read:
28 943.17 Basic recruit, advanced, and career development
29 training programs; participation; cost; evaluation.--The
30 commission shall, by rule, design, implement, maintain,
31 evaluate, and revise entry requirements, job-related
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1 curricula, and performance standards for basic recruit,
2 advanced, and career development training programs and
3 courses. The rules shall include, but are not limited to, a
4 methodology to assess relevance of the subject matter to the
5 job, student performance, and instructor competency.
6 (1) The commission shall:
7 (a) Design, implement, maintain, evaluate, and revise
8 or adopt a basic recruit training program for the purpose of
9 providing minimum employment training qualifications for all
10 officers to be employed or appointed in each discipline.
11 (b) Design, implement, maintain, evaluate, and revise
12 or adopt an advanced training program which is limited to
13 those courses enhancing an officer's knowledge, skills, and
14 abilities for the job he or she performs.
15 (c) Design, implement, maintain, evaluate, and revise
16 or adopt a career development training program which is
17 limited to those courses related to promotion to a higher rank
18 or position. Career development courses will not be eligible
19 for funding as provided in s. 943.25(9).
20 (d) Design, implement, maintain, evaluate, or adopt a
21 specialized training program, consisting of identified goals
22 and objectives that enhance an officer's ability to perform
23 the duties of his or her job. For any existing or newly
24 established course, adopt an examination and assessment
25 instrument that is job-related and measures an officer's
26 acquisition of knowledge, skills, and abilities. An
27 acceptable level of measurable student performance shall also
28 be developed for each course.
29 (2) The commission is encouraged to design, implement,
30 maintain, evaluate, and revise criminal justice training
31 courses, or to enter into contracts for such training courses,
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1 that are intended to provide for the safety and well-being of
2 the citizens of and visitors to this state.
3 (3) The program shall be responsible for the accuracy
4 of curriculum content through the identification and revision
5 of typographical or grammatical errors, incorrect statutory
6 citations, or information which can be identified as
7 inaccurate by superior references. The commission shall be
8 advised of any revision, and a copy of revised curricula shall
9 be provided to all criminal justice training schools.
10 (4) The commission may, by rule, establish a
11 sponsorship program for prospective officers. The rule shall
12 specify the provisions of s. 943.13 that must be satisfied
13 prior to the prospective officer's enrollment in a basic
14 recruit training course. However, the rule shall not conflict
15 with any laws or rules of the Department of Education relating
16 to student enrollment.
17 (5) The commission, in consultation with the Florida
18 Violent Crime and Drug Control Council, shall establish
19 standards for basic and advanced training programs for law
20 enforcement officers in the subjects of investigating and
21 preventing violent crime. After January 1, 1995, every basic
22 skills course required in order for law enforcement officers
23 to obtain initial certification must include training on
24 violent crime prevention and investigations.
25 Section 8. Subsection (2) of section 943.173, Florida
26 Statutes, is amended to read:
27 943.173 Examinations; administration; materials not
28 public records; disposal of materials.--
29 (2) Each advanced and career development course
30 examination adopted by the commission shall be administered at
31
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1 a certified criminal justice training school under the
2 supervision of the training center director.
3 Section 9. Section 943.175, Florida Statutes, is
4 amended to read:
5 943.175 Inservice and specialized training.--
6 (1) Inservice training programs, consisting of courses
7 established, implemented, and evaluated by an employing
8 agency, are the responsibility of the employing agency.
9 Inservice Specialized training programs, consisting of courses
10 established, implemented, and evaluated by a criminal justice
11 training school, are the responsibility of the criminal
12 justice training school. Inservice and specialized training
13 programs or courses need not be approved by the commission.
14 (2) The commission shall, by rule, establish
15 procedures and criteria whereby an employing agency or
16 criminal justice training school seeking commission approval
17 of a specialized training program or course must submit the
18 program or course to the commission for evaluation. The
19 procedures and criteria shall include, but are not limited to,
20 a demonstration of job relevance and quality of instruction.
21 (2)(3) Inservice or specialized training courses or
22 programs shall not be part of the programs or courses
23 established by the commission pursuant to s. 943.17, nor shall
24 they be used to qualify an officer for salary incentive
25 payment provided under s. 943.22.
26 Section 10. Paragraph (a) of subsection (1) of section
27 943.22, Florida Statutes, is amended to read:
28 943.22 Salary incentive program for full-time
29 officers.--
30 (1) For the purpose of this section, the term:
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1 (a) "Accredited college, university, or community
2 college" means a college, university, or community college
3 which has been accredited by the Southern Association of
4 Colleges and Schools, another regional accrediting agency, or
5 the Accrediting Commission for Independent Colleges and
6 Schools American Association of Collegiate Registrars and
7 Admissions Officers.
8 Section 11. Subsection (6) of section 943.25, Florida
9 Statutes, is amended to read:
10 943.25 Criminal justice trust funds; source of funds;
11 use of funds.--
12 (6) No Training, room, or board cost may not be
13 assessed against any officer or employing agency for any
14 advanced and specialized training course funded from the
15 Criminal Justice Standards and Training Trust Fund and offered
16 through a criminal justice training school certified by the
17 commission. Such expenses shall be paid from the trust fund
18 and are not reimbursable by the officer. Travel costs to and
19 from the training site are the responsibility of the trainee
20 or employing agency. Any compensation, including, but not
21 limited to, salaries and benefits, paid to any person during
22 the period of training shall be fixed and determined by the
23 employing agency; and such compensation shall be paid directly
24 to the person.
25 (a) The commission shall develop a policy of
26 reciprocal payment for training officers from regions other
27 than the region providing the training.
28 (b) An officer who is not employed or appointed by an
29 employing agency of this state may attend a course funded by
30 the trust fund, provided the officer is required to pay to the
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1 criminal justice training school all training costs incurred
2 for her or his attendance.
3 Section 12. Section 316.640, Florida Statutes, is
4 amended to read:
5 316.640 Enforcement.--The enforcement of the traffic
6 laws of this state is vested as follows:
7 (1) STATE.--
8 (a)1.a. The Division of Florida Highway Patrol of the
9 Department of Highway Safety and Motor Vehicles, the Division
10 of Law Enforcement of the Fish and Wildlife Conservation
11 Commission, the Division of Law Enforcement of the Department
12 of Environmental Protection, and law enforcement officers of
13 the Department of Transportation each have authority to
14 enforce all of the traffic laws of this state on all the
15 streets and highways thereof and elsewhere throughout the
16 state wherever the public has a right to travel by motor
17 vehicle. The Division of the Florida Highway Patrol may employ
18 as a traffic accident investigation officer any individual who
19 successfully completes at least 200 hours of instruction in
20 traffic accident investigation and court presentation through
21 the Selective Traffic Enforcement Program as approved by the
22 Criminal Justice Standards and Training Commission and funded
23 through the National Highway Traffic Safety Administration or
24 a similar program approved by the commission, but who does not
25 necessarily meet the uniform minimum standards established by
26 the commission for law enforcement officers or auxiliary law
27 enforcement officers under chapter 943. Any such traffic
28 accident investigation officer who makes an investigation at
29 the scene of a traffic accident may issue traffic citations,
30 based upon personal investigation, when he or she has
31 reasonable and probable grounds to believe that a person who
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1 was involved in the accident committed an offense under this
2 chapter, chapter 319, chapter 320, or chapter 322 in
3 connection with the accident. This paragraph does not permit
4 the carrying of firearms or other weapons, nor do such
5 officers have arrest authority other than for the issuance of
6 a traffic citation as authorized in this paragraph.
7 b. University police officers shall have authority to
8 enforce all of the traffic laws of this state when such
9 violations occur on or about any property or facilities that
10 are under the guidance, supervision, regulation, or control of
11 the State University System, except that traffic laws may be
12 enforced off-campus when hot pursuit originates on-campus.
13 c. Community college police officers shall have the
14 authority to enforce all the traffic laws of this state only
15 when such violations occur on any property or facilities that
16 are under the guidance, supervision, regulation, or control of
17 the community college system.
18 d. Police officers employed by an airport authority
19 shall have the authority to enforce all of the traffic laws of
20 this state only when such violations occur on any property or
21 facilities that are owned or operated by an airport authority.
22 (I) An airport authority may employ as a parking
23 enforcement specialist any individual who successfully
24 completes a training program established and approved by the
25 Criminal Justice Standards and Training Commission for parking
26 enforcement specialists but who does not otherwise meet the
27 uniform minimum standards established by the commission for
28 law enforcement officers or auxiliary or part-time officers
29 under s. 943.12. Nothing in this sub-sub-subparagraph shall be
30 construed to permit the carrying of firearms or other weapons,
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1 nor shall such parking enforcement specialist have arrest
2 authority.
3 (II) A parking enforcement specialist employed by an
4 airport authority is authorized to enforce all state, county,
5 and municipal laws and ordinances governing parking only when
6 such violations are on property or facilities owned or
7 operated by the airport authority employing the specialist, by
8 appropriate state, county, or municipal traffic citation.
9 e. The Office of Agricultural Law Enforcement of the
10 Department of Agriculture and Consumer Services shall have the
11 authority to enforce traffic laws of this state only as
12 authorized by the provisions of chapter 570. However, nothing
13 in this section shall expand the authority of the Office of
14 Agricultural Law Enforcement at its agricultural inspection
15 stations to issue any traffic tickets except those traffic
16 tickets for vehicles illegally passing the inspection station.
17 f. School safety officers shall have the authority to
18 enforce all of the traffic laws of this state when such
19 violations occur on or about any property or facilities which
20 are under the guidance, supervision, regulation, or control of
21 the district school board.
22 2. An agency of the state as described in subparagraph
23 1. is prohibited from establishing a traffic citation quota. A
24 violation of this subparagraph is not subject to the penalties
25 provided in chapter 318.
26 3. Any disciplinary action taken or performance
27 evaluation conducted by an agency of the state as described in
28 subparagraph 1. of a law enforcement officer's traffic
29 enforcement activity must be in accordance with written
30 work-performance standards. Such standards must be approved by
31 the agency and any collective bargaining unit representing
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1 such law enforcement officer. A violation of this subparagraph
2 is not subject to the penalties provided in chapter 318.
3 (b)1. The Department of Transportation has authority
4 to enforce on all the streets and highways of this state all
5 laws applicable within its authority.
6 2.a. The Department of Transportation shall develop
7 training and qualifications standards for toll enforcement
8 officers whose sole authority is to enforce the payment of
9 tolls pursuant to s. 316.1001. Nothing in this subparagraph
10 shall be construed to permit the carrying of firearms or other
11 weapons, nor shall a toll enforcement officer have arrest
12 authority.
13 b. For the purpose of enforcing s. 316.1001,
14 governmental entities, as defined in s. 334.03, which own or
15 operate a toll facility may employ independent contractors or
16 designate employees as toll enforcement officers; however, any
17 such toll enforcement officer must successfully meet the
18 training and qualifications standards for toll enforcement
19 officers established by the Department of Transportation.
20 (2) COUNTIES.--
21 (a) The sheriff's office of each of the several
22 counties of this state shall enforce all of the traffic laws
23 of this state on all the streets and highways thereof and
24 elsewhere throughout the county wherever the public has the
25 right to travel by motor vehicle. In addition, the sheriff's
26 office may be required by the county to enforce the traffic
27 laws of this state on any private or limited access road or
28 roads over which the county has jurisdiction pursuant to a
29 written agreement entered into under s. 316.006(3)(b).
30 (b) The sheriff's office of each county may employ as
31 a traffic crash investigation officer any individual who
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1 successfully completes at least 200 hours of instruction in
2 traffic crash investigation and court presentation through the
3 Selective Traffic Enforcement Program (STEP) as approved by
4 the Criminal Justice Standards and Training Commission and
5 funded through the National Highway Traffic Safety
6 Administration (NHTSA) or a similar program approved by the
7 commission, but who does not necessarily otherwise meet the
8 uniform minimum standards established by the commission for
9 law enforcement officers or auxiliary law enforcement officers
10 under chapter 943. Any such traffic crash investigation
11 officer who makes an investigation at the scene of a traffic
12 crash may issue traffic citations when, based upon personal
13 investigation, he or she has reasonable and probable grounds
14 to believe that a person who was involved has committed an
15 offense under this chapter in connection with the crash. This
16 paragraph does not permit the carrying of firearms or other
17 weapons, nor do such officers have arrest authority other than
18 for the issuance of a traffic citation as authorized in this
19 paragraph.
20 (c) The sheriff's office of each of the several
21 counties of this state may employ as a parking enforcement
22 specialist any individual who successfully completes a
23 training program established and approved by the Criminal
24 Justice Standards and Training Commission for parking
25 enforcement specialists, but who does not necessarily
26 otherwise meet the uniform minimum standards established by
27 the commission for law enforcement officers or auxiliary or
28 part-time officers under s. 943.12.
29 1. A parking enforcement specialist employed by the
30 sheriff's office of each of the several counties of this state
31 is authorized to enforce all state and county laws,
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1 ordinances, regulations, and official signs governing parking
2 within the unincorporated areas of the county by appropriate
3 state or county citation and may issue such citations for
4 parking in violation of signs erected pursuant to s.
5 316.006(3) at parking areas located on property owned or
6 leased by a county, whether or not such areas are within the
7 boundaries of a chartered municipality.
8 2. A parking enforcement specialist employed pursuant
9 to this subsection shall not carry firearms or other weapons
10 or have arrest authority.
11 (3) MUNICIPALITIES.--
12 (a) The police department of each chartered
13 municipality shall enforce the traffic laws of this state on
14 all the streets and highways thereof and elsewhere throughout
15 the municipality wherever the public has the right to travel
16 by motor vehicle. In addition, the police department may be
17 required by a municipality to enforce the traffic laws of this
18 state on any private or limited access road or roads over
19 which the municipality has jurisdiction pursuant to a written
20 agreement entered into under s. 316.006(2)(b). However,
21 nothing in this chapter shall affect any law, general,
22 special, or otherwise, in effect on January 1, 1972, relating
23 to "hot pursuit" without the boundaries of the municipality.
24 (b) The police department of a chartered municipality
25 may employ as a traffic crash investigation officer any
26 individual who successfully completes at least 200 hours of
27 instruction in traffic crash investigation and court
28 presentation through the Selective Traffic Enforcement Program
29 (STEP) as approved by the Criminal Justice Standards and
30 Training Commission and funded through the National Highway
31 Traffic Safety Administration (NHTSA) or a similar program
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1 approved by the commission, but who does not otherwise meet
2 the uniform minimum standards established by the commission
3 for law enforcement officers or auxiliary law enforcement
4 officers under chapter 943. Any such traffic crash
5 investigation officer who makes an investigation at the scene
6 of a traffic crash is authorized to issue traffic citations
7 when, based upon personal investigation, he or she has
8 reasonable and probable grounds to believe that a person
9 involved has committed an offense under the provisions of this
10 chapter in connection with the crash. Nothing in this
11 paragraph shall be construed to permit the carrying of
12 firearms or other weapons, nor shall such officers have arrest
13 authority other than for the issuance of a traffic citation as
14 authorized above.
15 (c)1. A chartered municipality or its authorized
16 agency or instrumentality may employ as a parking enforcement
17 specialist any individual who successfully completes a
18 training program established and approved by the Criminal
19 Justice Standards and Training Commission for parking
20 enforcement specialists, but who does not 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.
24 2. A parking enforcement specialist employed by a
25 chartered municipality or its authorized agency or
26 instrumentality is authorized to enforce all state, county,
27 and municipal laws and ordinances governing parking within the
28 boundaries of the municipality employing the specialist, by
29 appropriate state, county, or municipal traffic citation.
30 Nothing in this paragraph shall be construed to permit the
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1 carrying of firearms or other weapons, nor shall such a
2 parking enforcement specialist have arrest authority.
3 (4)(a) Any sheriff's department, or any police
4 department of a municipality, may employ as a traffic control
5 officer any individual who successfully completes at least 8
6 hours of instruction in traffic control procedures through a
7 program approved by the Division of Criminal Justice Standards
8 and Training of the Department of Law Enforcement, or through
9 a similar program offered by the local sheriff's department or
10 police department, but who does not necessarily otherwise meet
11 the uniform minimum standards established by the Criminal
12 Justice Standards and Training Commission for law enforcement
13 officers or auxiliary law enforcement officers under s.
14 943.13. A traffic control officer employed pursuant to this
15 subsection may direct traffic or operate a traffic control
16 device only at a fixed location and only upon the direction of
17 a fully qualified law enforcement officer; however, it is not
18 necessary that the traffic control officer's duties be
19 performed under the immediate supervision of a fully qualified
20 law enforcement officer.
21 (b) In the case of a special event or activity in
22 relation to which a nongovernmental entity is paying for
23 traffic control on public streets, highways, or roads, traffic
24 control officers may be employed to perform such traffic
25 control responsibilities only when off-duty, full-time law
26 enforcement officers, as defined in s. 943.10(1), are
27 unavailable to perform those responsibilities. However, this
28 paragraph may not be construed to limit the use of traffic
29 infraction enforcement officers for traffic enforcement
30 purposes.
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1 (c) This subsection does not permit the carrying of
2 firearms or other weapons, nor do traffic control officers
3 have arrest authority.
4 (5)(a) Any sheriff's department or police department
5 of a municipality may employ, as a traffic infraction
6 enforcement officer, any individual who successfully completes
7 at least 200 hours of instruction in traffic enforcement
8 procedures and court presentation through the Selective
9 Traffic Enforcement Program as approved by the Division of
10 Criminal Justice Standards and Training of the Department of
11 Law Enforcement, or through a similar program, but who does
12 not necessarily otherwise meet the uniform minimum standards
13 established by the Criminal Justice Standards and Training
14 Commission for law enforcement officers or auxiliary law
15 enforcement officers under s. 943.13. Any such traffic
16 infraction enforcement officer who observes the commission of
17 a traffic infraction or, in the case of a parking infraction,
18 who observes an illegally parked vehicle may issue a traffic
19 citation for the infraction when, based upon personal
20 investigation, he or she has reasonable and probable grounds
21 to believe that an offense has been committed which
22 constitutes a noncriminal traffic infraction as defined in s.
23 318.14.
24 (b) The traffic enforcement officer shall be employed
25 in relationship to a selective traffic enforcement program at
26 a fixed location or as part of a crash investigation team at
27 the scene of a vehicle crash or in other types of traffic
28 infraction enforcement under the direction of a fully
29 qualified law enforcement officer; however, it is not
30 necessary that the traffic infraction enforcement officer's
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1 duties be performed under the immediate supervision of a fully
2 qualified law enforcement officer.
3 (c) This subsection does not permit the carrying of
4 firearms or other weapons, nor do traffic infraction
5 enforcement officers have arrest authority other than the
6 authority to issue a traffic citation as provided in this
7 subsection.
8 (6) MOBILE HOME PARK RECREATION
9 DISTRICTS.--Notwithstanding subsection (2) or subsection (3),
10 the sheriff's office of each of the several counties of this
11 state and the police department of each chartered municipality
12 have authority, but are not required, to enforce the traffic
13 laws of this state on any way or place used for vehicular
14 traffic on a controlled access basis within a mobile home park
15 recreation district which has been created under s. 418.30 and
16 the recreational facilities of which district are open to the
17 general public.
18 (7) CONSTRUCTION OF CHAPTER 87-88, LAWS OF
19 FLORIDA.--For purposes of traffic control and enforcement,
20 nothing in chapter 87-88, Laws of Florida, shall be construed
21 to classify any road which has been dedicated or impliedly
22 dedicated for public use, and which has been constructed and
23 is open to the use of the public for vehicular traffic, as a
24 private road or driveway.
25 (8) TRAFFIC ENFORCEMENT AGENCY.--Any agency or
26 governmental entity designated in subsection (1), subsection
27 (2), or subsection (3), including a university, a community
28 college, a school board, or an airport authority, is a traffic
29 enforcement agency for purposes of s. 316.650.
30 Section 13. This act shall take effect July 1, 2002.
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2 SENATE SUMMARY
3 Revises provisions governing the Criminal Justice
Standards and Training Commission with respect to its
4 powers and duties to certify schools and instructors.
Revises requirements for physicals and fingerprints of
5 correctional officers. Revises certain exemptions from
training requirements. Limits concurrent certification.
6 Deletes a requirement that the commission approve certain
training courses and certificates. Requires that the
7 commission establish a specialized training program. (See
bill for details.)
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