Bill Text: HB 0335

HB 0335

2003

A bill to be entitled

An act relating to employment and appointment of law

enforcement officers, correctional officers, and

correctional probation officers; amending s. 943.12, F.S.;

providing authority of the Criminal Justice Standards and

Training Commission to certify, and revoke the

certification of, agency inservice training instructors;

amending s. 943.13, F.S.; revising a condition for

exemption from the requirement of basic recruit training

for applicants for employment or appointment as a full-

time, part-time, or auxiliary law enforcement officer,

correctional officer, or correctional probation officer;

amending s. 943.131, F.S.; revising and providing

additional requirements and conditions of eligibility with

respect to temporary employment or appointment as a law

enforcement officer, correctional officer, or correctional

probation officer; increasing the maximum period of

temporary employment or appointment as an officer;

providing ineligibility of temporarily employed or

appointed officers for transfer to another employer;

amending s. 943.1395, F.S.; providing qualifications for

certified officers who have separated from employment or

appointment and who have not been reemployed or

reappointed by an employing agency within a specified time

period; providing that temporarily employed or appointed

officers are subject to disciplinary action by the

Criminal Justice Standards and Training Commission;

providing that persons who have been the subject of such

disciplinary action are ineligible for temporary

employment or appointment; providing requirements and

authority of the commission with respect to such

disciplinary action; providing that an officer whose

certification has been revoked is ineligible for temporary

employment or appointment as an officer; amending s.

943.17, F.S.; exempting entrants into academies certified

to instruct basic skills training from specified

vocational-preparatory instruction; reenacting s.

943.173(3), F.S., relating to exemption from public

records requirements for specified examinations,

assessments, and instruments associated with basic recruit

training programs, officer certification, and advanced and

career development programs, to incorporate the amendments

to s. 943.13, F.S., in references thereto; providing an

effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Subsection (3) of section 943.12, Florida

Statutes, is amended to read:

943.12 Powers, duties, and functions of the

commission.--The commission shall:

(3) Certify, and revoke the certification of, officers,

instructors,including agency inservice training instructors,

and criminal justice training schools.

Section 2. Subsection (9) of section 943.13, Florida

Statutes, is amended to read:

943.13 Officers' minimum qualifications for employment or

appointment.--On or after October 1, 1984, any person employed

or appointed as a full-time, part-time, or auxiliary law

enforcement officer or correctional officer; on or after October

1, 1986, any person employed as a full-time, part-time, or

auxiliary correctional probation officer; and on or after

October 1, 1986, any person employed as a full-time, part-time,

or auxiliary correctional officer by a private entity under

contract to the Department of Corrections, to a county

commission, or to the Correctional Privatization Commission

shall:

(9) Complete a commission-approved basic recruit training

program for the applicable criminal justice discipline, unless

exempt under this subsection. An applicant who has:

(a) Completed a comparable basic recruit training program

for the applicable criminal justice discipline in another state

or for the Federal Government; and

(b) Served as a full-time sworn officer in another state

or for the Federal Government for at least 1 yearwithin a

period of 8 years after the date on which the applicant

separated from employment as a full-time sworn officer in

another state or for the Federal Government

is exempt in accordance with s. 943.131(2) from completing the

commission-approved basic recruit training program.

Section 3. Section 943.131, Florida Statutes, is amended

to read:

943.131 Temporary employment or appointment; minimum basic

recruit training exemption.--

(1)(a) An employing agency may temporarily employ or

appoint a person who complies with the qualifications for

employment in s. 943.13(1)-(8), but has not fulfilled the

requirements of s. 943.13(9) and (10), if a critical need exists

to employ or appoint the person and such person is or will be

enrolled in the next approved basic recruit training program

available in the geographic area or that no assigned state

training program for state officers is available within a

reasonable time. The employing agency must maintain

documentation which demonstrates that a critical need exists to

employ a person pursuant to this section. Prior to the

employment or appointment of any person other than a

correctional probation officer under this subsection, the person

shall comply with the firearms provisions established pursuant

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to s. 943.17(1)(a). Any person temporarily employed or appointed

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as an officer under this subsection must attend the first

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training program offered in the geographic area, or the first

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assigned state training program for a state officer, subsequent

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to his or her employment or appointment.A person temporarily

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employed or appointed as an officer under this subsection must

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begin basic recruit training within 180 consecutive days after

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employment. Such person must fulfill the requirements of s.

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943.13(9) within 18 months after beginning basic recruit

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training and must fulfill the certification examination

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requirements of s. 943.13(10) within 180 consecutive days after

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completing basic recruit training. A person hired after he or

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she has commenced basic recruit training or after the completion

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of basic recruit training must fulfill the certification

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examination requirements of s. 943.13(10) within 180 consecutive

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days after the completion of basic recruit training or the

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commencement of employment, whichever occurs later.~~Further,~~

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~~upon successful completion of the basic recruit training~~

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~~program, any person temporarily employed or appointed as an~~

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~~officer must fulfill the requirements of s. 943.13(10) within~~

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~~180 consecutive days.~~

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(b) In no case may the person be temporarily employed or

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appointed for more than30 months~~180 consecutive days, and such~~

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~~temporary employment or appointment is not renewable by the~~

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~~employing agency or transferable to another employing agency~~.A

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person shall not be eligible to transfer to another employer

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while employed pursuant to this subsection.However, a person

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who is temporarily employed or appointed and is attending the

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first training program offered in the geographic area, or has

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been assigned to a state training program, may continue to be

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temporarily employed or appointed until the person:

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~~1. Successfully completes the basic recruit training~~

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~~program and achieves an acceptable score on the officer~~

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~~certification examination;~~

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1.2.Fails or withdraws from a basic recruit training

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programwithin the time limits specified in this subsection;

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2.3.Fails to achieve an acceptable score on the officer

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certification examination within 180 consecutive days after the

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successful completion of the basic recruit training program

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within the time limits specified in this subsection; or

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3.4.Is separated from employment or appointment by the

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employing agencywithin the time limits specified in this

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subsection.

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provisions of this subsection may perform the duties of an

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officer unless he or she is adequately supervised by another

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officer of the same discipline. The supervising officer must be

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in full compliance with the provisions of s. 943.13 and must be

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employed or appointed by the employing agency.

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(d) Persons employed under this subsection are subject to

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the provisions of s. 943.1395.

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(e) Persons who have had a certification administered

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pursuant to s. 943.1395 revoked by the commission or have

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voluntarily relinquished such certification shall be ineligible

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for employment pursuant to this subsection.

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(2) If an applicant seeks an exemption from completing a

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commission-approved basic recruit training program, the

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employing agency must verify that the applicant has successfully

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completed a comparable basic recruit training program for the

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discipline in which the applicant is seeking certification in

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another state or for the Federal Government. Further, the

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employing agency must verify that the applicant has served as a

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full-time sworn officer in another state or for the Federal

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Government for at least 1 yearwithin a period of 8 years after

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the date on which the applicant separated from employment as a

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full-time sworn officer in another state or for the Federal

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Government. When the employing agency obtains written

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documentation regarding the applicant's criminal justice

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experience, the documentation must be submitted to the

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commission. The commission shall adopt rules that establish

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criteria and procedures to determine if the applicant is exempt

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from completing the commission-approved basic recruit training

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program and, upon making a determination, shall notify the

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employing agency. An applicant who is exempt from completing the

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commission-approved basic recruit training program must

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demonstrate proficiency in the high-liability areas, as defined

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by commission rule, and must complete the requirements of s.

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943.13(10) within1 year~~180 days~~after receiving an exemption.

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If the proficiencies and requirements of s. 943.13(10) are not

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met within1 year~~the 180 days~~, the applicant must complete a

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commission-approved basic recruit training program, as required

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by the commission by rule. Except as provided in subsection (1),

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before the employing agency may employ or appoint the applicant

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as an officer, the applicant must meet the minimum

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qualifications described in s. 943.13(1)-(8), and must fulfill

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the requirements of s. 943.13(10).

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Section 4. Subsection (3) of section 943.1395, Florida

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Statutes, is amended, and subsections (9) and (10) are added to

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said section, to read:

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943.1395 Certification for employment or appointment;

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concurrent certification; reemployment or reappointment;

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inactive status; revocation; suspension; investigation.--

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(3) Any certified officer who has separated from

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employment or appointment and who is not reemployed or

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reappointed by an employing agency within 4 years after the date

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of separation must meet the minimum qualifications described in

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s. 943.13, except for the requirement found in s. 943.13(9).

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Further, such officer must complete any training required by the

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commission by rule.Any such officer who is not reemployed or

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reappointed by an employing agency within 8 years after the date

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of separation must meet the minimum qualifications described in

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s. 943.13, including the requirement of s. 943.13(9).

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(9) Persons employed pursuant to s. 943.131 are subject to

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discipline by the commission. Persons who have been the subject

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of disciplinary action pursuant to this subsection are

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ineligible for employment or appointment under s. 943.131.

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(a) The commission shall cause to be investigated any

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conduct defined in subsections (6) and (7) by persons employed

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pursuant to s. 943.131 and shall set disciplinary guidelines and

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penalties prescribed in rule applicable to such noncertified

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persons.

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(b) Such disciplinary guidelines and prescribed penalties

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must be based upon the severity of specific offenses. The

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guidelines must provide reasonable and meaningful notice to

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officers and to the public of penalties that may be imposed for

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prohibited conduct. The penalties must be consistently applied

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by the commission.

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disciplinary penalties for applicants and employing agencies for

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intentional abuse of, or misrepresentation or fraud with respect

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to, the waiver of requirements authorized under s. 943.131(1) in

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demonstrated instances of critical need.

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(10) An officer whose certification has been revoked

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pursuant to this section shall be ineligible for employment or

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appointment under s. 943.131.

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Section 5. Subsection (6) is added to section 943.17,

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Florida Statutes, to read:

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943.17 Basic recruit, advanced, and career development

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training programs; participation; cost; evaluation.--The

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commission shall, by rule, design, implement, maintain,

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evaluate, and revise entry requirements and job-related

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curricula and performance standards for basic recruit, advanced,

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and career development training programs and courses. The rules

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shall include, but are not limited to, a methodology to assess

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relevance of the subject matter to the job, student performance,

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and instructor competency.

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(6) Entrants into academies certified by the commission to

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instruct basic skills training are hereby exempted from the

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provisions of s. 1004.91.

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Section 6. For the purpose of incorporating the amendments

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to section 943.13, Florida Statutes, in references thereto, the

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sections or subdivisions of Florida Statutes set forth below are

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reenacted to read:

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943.173 Examinations; administration; materials not public

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records; disposal of materials.--

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(3) All examinations, assessments, and instruments and the

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results of examinations, other than test scores on officer

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certification examinations, including developmental materials

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and workpapers directly related thereto, prepared, prescribed,

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or administered pursuant to ss. 943.13(9) or (10) and 943.17 are

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exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I

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of the State Constitution. Provisions governing access to,

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maintenance of, and destruction of relevant documents pursuant

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to this section shall be prescribed by rules adopted by the

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commission.

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Section 7. This act shall take effect upon becoming a law.

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