HOUSE AMENDMENT Bill No. HB 335 CS
1	CHAMBER ACTION
2	Senate House
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12	Representative Dean offered the following:
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14	Amendment (with title amendment)
15	Remove everything after the enacting clause, and insert:
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17	Section 1. Subsection (3) of section 943.12, Florida
18	Statutes, is amended to read:
19	943.12 Powers, duties, and functions of the
20	commission.--The commission shall:
21	(3) Certify, and revoke the certification of, officers,
22	instructors, including agency in-service training instructors,
23	and criminal justice training schools.
24	Section 2. Subsection (9) of section 943.13, Florida
25	Statutes, is amended to read:
26	943.13 Officers' minimum qualifications for employment or
27	appointment.--On or after October 1, 1984, any person employed
28	or appointed as a full-time, part-time, or auxiliary law
29	enforcement officer or correctional officer; on or after October
30	1, 1986, any person employed as a full-time, part-time, or
31	auxiliary correctional probation officer; and on or after
32	October 1, 1986, any person employed as a full-time, part-time,
33	or auxiliary correctional officer by a private entity under
34	contract to the Department of Corrections, to a county
35	commission, or to the Correctional Privatization Commission
36	shall:
37	(9) Complete a commission-approved basic recruit training
38	program for the applicable criminal justice discipline, unless
39	exempt under this subsection. An applicant who has:
40	(a) Completed a comparable basic recruit training program
41	for the applicable criminal justice discipline in another state
42	or for the Federal Government; and
43	(b) Served as a full-time sworn officer in another state
44	or for the Federal Government for at least 1 year provided there
45	is no more than an 8-year break in employment, as measured from
46	the separation date of the most recent qualifying employment to
47	the time a complete application is submitted for an exemption
48	under this section,
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50	is exempt in accordance with s. 943.131(2) from completing the
51	commission-approved basic recruit training program.
52	Section 3. Section 943.131, Florida Statutes, is amended
53	to read:
54	943.131 Temporary employment or appointment; minimum basic
55	recruit training exemption.--
56	(1)(a) An employing agency may temporarily employ or
57	appoint a person who complies with the qualifications for
58	employment in s. 943.13(1)-(8), but has not fulfilled the
59	requirements of s. 943.13(9) and (10), if a critical need exists
60	to employ or appoint the person and such person is or will be
61	enrolled in the next approved basic recruit training program
62	available in the geographic area or that no assigned state
63	training program for state officers is available within a
64	reasonable time. The employing agency must maintain
65	documentation which demonstrates that a critical need exists to
66	employ a person pursuant to this section. Prior to the
67	employment or appointment of any person other than a
68	correctional probation officer under this subsection, the person
69	shall comply with the firearms provisions established pursuant
70	to s. 943.17(1)(a). Any person temporarily employed or appointed
71	as an officer under this subsection must attend the first
72	training program offered in the geographic area, or the first
73	assigned state training program for a state officer, subsequent
74	to his or her employment or appointment. A person temporarily
75	employed or appointed as an officer under this subsection must
76	begin basic recruit training within 180 consecutive days after
77	employment. Such person must fulfill the requirements of s.
78	943.13(9) within 18 months after beginning basic recruit
79	training and must fulfill the certification examination
80	requirements of s. 943.13(10) within 180 consecutive days after
81	completing basic recruit training. A person hired after he or
82	she has commenced basic recruit training or after completion of
83	basic recruit training must fulfill the certification
84	examination requirements of s. 943.13(10) within 180 consecutive
85	days after completion of basic recruit training or the
86	commencement of employment, whichever occurs later.Further,
87	upon successful completion of the basic recruit training
88	program, any person temporarily employed or appointed as an
89	officer must fulfill the requirements of s. 943.13(10) within
90	180 consecutive days.
91	(b) In no case may the person be temporarily employed or
92	appointed for more than 30 months. A person shall not be
93	eligible to transfer to another employer while employed pursuant
94	to this subsection180 consecutive days, and such temporary
95	employment or appointment is not renewable by the employing
96	agency or transferable to another employing agency. However, a
97	person who is temporarily employed or appointed and is attending
98	the first training program offered in the geographic area, or
99	has been assigned to a state training program, may continue to
100	be temporarily employed or appointed until the person:
101	1. Successfully completes the basic recruit training
102	program and achieves an acceptable score on the officer
103	certification examination;
104	1.2.Fails or withdraws from a basic recruit training
105	program within the time limits specified in this subsection;
106	2.3.Fails to achieve an acceptable score on the officer
107	certification examination within 180 consecutive days after the
108	successful completion of the basic recruit training program
109	within the time limits specified in this subsection; or
110	3.4.Is separated from employment or appointment by the
111	employing agency within the time limits specified in this
112	subsection.
113	(c) No person temporarily employed or appointed under the
114	provisions of this subsection may perform the duties of an
115	officer unless he or she is adequately supervised by another
116	officer of the same discipline. The supervising officer must be
117	in full compliance with the provisions of s. 943.13 and must be
118	employed or appointed by the employing agency.
119	(d) Persons employed under this subsection are subject to
120	the provisions of s. 943.1395.
121	(e) Persons who have had a certification administered
122	pursuant to s. 943.1395 revoked by the commission or have
123	voluntarily relinquished such certification shall be ineligible
124	for employment pursuant to this subsection.
125	(2) If an applicant seeks an exemption from completing a
126	commission-approved basic recruit training program, the
127	employing agency must verify that the applicant has successfully
128	completed a comparable basic recruit training program for the
129	discipline in which the applicant is seeking certification in
130	another state or for the Federal Government. Further, the
131	employing agency must verify that the applicant has served as a
132	full-time sworn officer in another state or for the Federal
133	Government for at least 1 year provided there is no more than an
134	8-year break in employment, as measured from the separation date
135	of the most recent qualifying employment to the time a complete
136	application is submitted for an exemption under this section.
137	When the employing agency obtains written documentation
138	regarding the applicant's criminal justice experience, the
139	documentation must be submitted to the commission. The
140	commission shall adopt rules that establish criteria and
141	procedures to determine if the applicant is exempt from
142	completing the commission-approved basic recruit training
143	program and, upon making a determination, shall notify the
144	employing agency. An applicant who is exempt from completing the
145	commission-approved basic recruit training program must
146	demonstrate proficiency in the high-liability areas, as defined
147	by commission rule, and must complete the requirements of s.
148	943.13(10) within 1 year180 daysafter receiving an exemption.
149	If the proficiencies and requirements of s. 943.13(10) are not
150	met within the 1 year180 days, the applicant must complete a
151	commission-approved basic recruit training program, as required
152	by the commission by rule. Except as provided in subsection (1),
153	before the employing agency may employ or appoint the applicant
154	as an officer, the applicant must meet the minimum
155	qualifications described in s. 943.13(1)-(8), and must fulfill
156	the requirements of s. 943.13(10).
157	Section 4. Section 943.1395, Florida Statutes, is amended
158	to read:
159	943.1395 Certification for employment or appointment;
160	concurrent certification; reemployment or reappointment;
161	inactive status; revocation; suspension; investigation.--
162	(1) The commission shall certify, under procedures
163	established by rule, any person for employment or appointment as
164	an officer if:
165	(a) The person complies with s. 943.13(1)-(10); and
166	(b) The employing agency complies with s. 943.133(2) and
167	(3).
168	(2) An officer who is certified in one discipline and who
169	complies with s. 943.13 in another discipline shall hold
170	concurrent certification and may be assigned in either
171	discipline within his or her employing agency.
172	(3) Any certified officer who has separated from
173	employment or appointment and who is not reemployed or
174	reappointed by an employing agency within 4 years after the date
175	of separation must meet the minimum qualifications described in
176	s. 943.13, except for the requirement found in s. 943.13(9).
177	Further, such officer must complete any training required by the
178	commission by rule. Any such officer who is not reemployed or
179	reappointed by an employing agency within 8 years after the date
180	of separation must meet the minimum qualifications described in
181	s. 943.13, to include the requirement of s. 943.13(9).
182	(4) The certification of an officer who fails to comply
183	with s. 943.135(1) shall be inactive, and the officer may not be
184	employed or appointed as an officer until he or she complies
185	with the provisions of s. 943.135(1).
186	(5) The employing agency must conduct an internal
187	investigation if it has cause to suspect that an officer is not
188	in compliance with, or has failed to maintain compliance with,
189	s. 943.13(4) or (7). If an officer is not in compliance with,
190	or has failed to maintain compliance with, s. 943.13(4) or(7),
191	the employing agency must submit the investigative findings and
192	supporting information and documentation to the commission in
193	accordance with rules adopted by the commission.
194	(6) The commission shall revoke the certification of any
195	officer who is not in compliance with the provisions of s.
196	943.13(4) or who intentionally executes a false affidavit
197	established in s. 943.13(8), s. 943.133(2), or s. 943.139(2).
198	(a) The commission shall cause to be investigated any
199	ground for revocation from the employing agency pursuant to s.
200	943.139 or from the Governor, and the commission may investigate
201	verifiable complaints. Any investigation initiated by the
202	commission pursuant to this section must be completed within 6
203	months after receipt of the completed report of the disciplinary
204	or internal affairs investigation from the employing agency or
205	Governor's office. A verifiable complaint shall be completed
206	within 1 year after receipt of the complaint. An investigation
207	shall be considered completed upon a finding by a probable cause
208	panel of the commission. These time periods shall be tolled
209	during the period of any criminal prosecution of the officer.
210	(b) The report of misconduct and all records or
211	information provided to or developed by the commission during
212	the course of an investigation conducted by the commission are
213	exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
214	of the State Constitution and, except as otherwise provided by
215	law, such information shall be subject to public disclosure only
216	after a determination as to probable cause has been made or
217	until the investigation becomes inactive.
218	(c) When an officer's certification is revoked in any
219	discipline, his or her certification in any other discipline
220	shall simultaneously be revoked.
221	(7) Upon a finding by the commission that a certified
222	officer has not maintained good moral character, the definition
223	of which has been adopted by rule and is established as a
224	statewide standard, as required by s. 943.13(7), the commission
225	may enter an order imposing one or more of the following
226	penalties:
227	(a) Revocation of certification.
228	(b) Suspension of certification for a period not to exceed
229	2 years.
230	(c) Placement on a probationary status for a period not to
231	exceed 2 years, subject to terms and conditions imposed by the
232	commission. Upon the violation of such terms and conditions,
233	the commission may revoke certification or impose additional
234	penalties as enumerated in this subsection.
235	(d) Successful completion by the officer of any basic
236	recruit, advanced, or career development training or such
237	retraining deemed appropriate by the commission.
238	(e) Issuance of a reprimand.
239	(8)(a) The commission shall, by rule, adopt disciplinary
240	guidelines and procedures to administer the penalties provided
241	in subsections (6) and (7). The commission may, by rule,
242	prescribe penalties for certain offenses. The commission shall,
243	by rule, set forth aggravating and mitigating circumstances to
244	be considered when imposing the penalties provided in subsection
245	(7).
246	(b) The disciplinary guidelines and prescribed penalties
247	must be based upon the severity of specific offenses. The
248	guidelines must provide reasonable and meaningful notice to
249	officers and to the public of penalties that may be imposed for
250	prohibited conduct. The penalties must be consistently applied
251	by the commission.
252	(c) For the purpose of implementing the penalties provided
253	in subsections(6) and (7), the chair of the commission may
254	appoint one or more panels of three commissioners each to
255	determine probable cause. In lieu of a finding of probable
256	cause, the probable cause panel may issue a letter of guidance
257	to the officer. However, when an employing agency disciplines an
258	officer and the officer's employment is continued or reinstated
259	by the agency, a probable cause panel may review the sustained
260	disciplinary charges and disciplinary penalty, determine whether
261	or not the penalty conforms to the disciplinary penalties
262	prescribed by rule, and, in writing and on behalf of the
263	commission, notify the employing agency and officer of the
264	results of the review. If the penalty conforms to the
265	disciplinary penalty provided by rule, the officer and employing
266	agency shall be notified, in writing, that no further action
267	shall be taken. If the penalty does not conform to such
268	disciplinary penalty prescribed by rule, the officer and
269	employer shall be notified, in writing, of further action to be
270	taken.
271	(d) An administrative law judge assigned to conduct a
272	hearing under ss. 120.569 and 120.57(1) regarding allegations
273	that an officer is not in compliance with, or has failed to
274	maintain compliance with, s. 943.13(4) or(7) must, in his or her
275	recommended order:
276	1. Adhere to the disciplinary guidelines and penalties set
277	forth in subsections (6) and (7) and the rules adopted by the
278	commission for the type of offense committed.
279	2. Specify, in writing, any aggravating or mitigating
280	circumstance that he or she considered in determining the
281	recommended penalty.
282
283	Any deviation from the disciplinary guidelines or prescribed
284	penalty must be based upon circumstances or factors that
285	reasonably justify the aggravation or mitigation of the penalty.
286	Any deviation from the disciplinary guidelines or prescribed
287	penalty must be explained, in writing, by the administrative law
288	judge.
289	(9) Each person employed pursuant to s. 943.131 is subject
290	to discipline by the commission. Persons who have been subject
291	to disciplinary action pursuant to this subsection are
292	ineligible for employment or appointment under s. 943.131.
293	(a) The commission shall cause to be investigated any
294	conduct defined in subsection (6) or subsection (7) by a person
295	employed under s. 943.131 and shall set disciplinary guidelines
296	and penalties prescribed in rules applicable to such
297	noncertified persons.
298	(b) The disciplinary guidelines and prescribed penalties
299	must be based upon the severity of specific offenses. The
300	guidelines must provide reasonable and meaningful notice to
301	officers and to the public of penalties that may be imposed for
302	prohibited conduct. The penalties must be consistently applied
303	by the commission.
304	(c) In addition, the commission may establish violations
305	and disciplinary penalties for intentional abuse of the
306	employment option provided by s. 943.131 by an individual or
307	employing agency.
308	(10) An officer whose certification has been revoked
309	pursuant to this section shall be ineligible for employment or
310	appointment under s. 943.131.
311	Section 5. Subsection (6) is added to section 943.17,
312	Florida Statutes, to read:
313	943.17 Basic recruit, advanced, and career development
314	training programs; participation; cost; evaluation.--The
315	commission shall, by rule, design, implement, maintain,
316	evaluate, and revise entry requirements and job-related
317	curricula and performance standards for basic recruit, advanced,
318	and career development training programs and courses. The rules
319	shall include, but are not limited to, a methodology to assess
320	relevance of the subject matter to the job, student performance,
321	and instructor competency.
322	(6) Entrants into academies certified by the commission to
323	instruct basic skills training are exempt from s. 1004.91.
324	Section 6. This act shall take effect upon becoming a law.
325
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327
328	================= T I T L E A M E N D M E N T =================
329	Remove the entire title, and insert:
330
331	A bill to be entitled
332	An act relating to the Criminal Justice Standards and
333	Training Commission; amending s. 943.12, F.S.; authorizing
334	the commission to grant and revoke the certification of
335	agency in-service training instructors; amending s.
336	943.13, F.S.; adding time limitation for service in
337	another jurisdiction to qualify for an exemption from a
338	recruit training program; amending s. 943.131, F.S.;
339	providing requirements for basic recruit training
340	following employment; revising requirements for temporary
341	employment authorizations; amending s. 943.1395, F.S.;
342	clarifying provisions relating to reemployment of
343	certified officers; clarifying provisions relating to
344	disciplining individuals employed under a temporary
345	employment authorization; amending s. 943.17, F.S.;
346	providing that entrants in commission-approved academies
347	are exempt from the statutory requirements relating to
348	basic skills assessment for students entering vocational
349	training; providing an effective date.