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

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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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  1            *****************************************

  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.)
  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

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