Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1480
                        Barcode 510474
                            CHAMBER ACTION
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11  The Committee on Banking and Insurance (Baker) recommended the
12  following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsections (5) and (6) are added to
19  Section 943.135, Florida Statutes, to read:
20         943.135  Requirements for continued employment.--
21         (1)  The commission shall, by rule, adopt a program
22  that requires all officers, as a condition of continued
23  employment or appointment as officers, to receive periodic
24  commission-approved continuing training or education. Such
25  continuing training or education shall be required at the rate
26  of 40 hours every 4 years. No officer shall be denied a
27  reasonable opportunity by the employing agency to comply with
28  this section. The employing agency must document that the
29  continuing training or education is job-related and consistent
30  with the needs of the employing agency. The employing agency
31  must maintain and submit, or electronically transmit, the
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1480 Barcode 510474 1 documentation to the commission, in a format approved by the 2 commission. The rule shall also provide: 3 (a) Assistance to an employing agency in identifying 4 each affected officer, the date of his or her employment or 5 appointment, and his or her most recent date for successful 6 completion of continuing training or education; and 7 (b) A procedure for reactivation of the certification 8 of an officer who is not in compliance with this section. 9 (2) Continuing training or education required under 10 this section may not be used to qualify an officer for salary 11 incentive payments provided under s. 943.22. 12 (3) For the purposes of this section, the employing 13 agency is responsible for notifying the commission of any 14 omission of any approved training not included in the records 15 of the commission. 16 (4)(a) Notwithstanding any other provision of law, any 17 person holding active certification from the Criminal Justice 18 Standards and Training Commission as a law enforcement 19 officer, correctional officer, or correctional probation 20 officer, as defined in s. 943.10(1), (2), (3), (6), (7), (8), 21 or (9), who resigns his or her position as law enforcement 22 officer, correctional officer, or correctional probation 23 officer for the sole purpose of serving in an office to which 24 the person has been elected or appointed and to thereby avoid 25 the prohibition against dual officeholding established in s. 26 5(a), Art. II of the State Constitution may be allowed to 27 retain active certification in a special status during the 28 tenure of the elected or appointed office if, at the time of 29 resignation, the person: 30 1. Was employed by or associated with an employing 31 agency in a manner authorized by this chapter; 2 3:01 PM 04/22/05 s1480.bi20.0ke
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1480 Barcode 510474 1 2. Was not subject to an internal investigation or 2 employment action to discipline or dismiss by the employing 3 agency; 4 3. Was not subject to criminal investigation or 5 prosecution by any state or federal authority; and 6 4. Was not subject to an investigation or action 7 against his or her certification by the Criminal Justice 8 Standards and Training Commission, 9 10 and that subsequent to the resignation the person otherwise 11 complies with this subsection. 12 (b) Any person who qualifies under paragraph (a) may, 13 for purposes of meeting the minimum mandatory continuing 14 training or education requirements of this section, at the 15 option of an employing agency, associate with that agency for 16 the sole purpose of securing continuing training or education 17 as required by this section and for allowing the agency to 18 report completion of the education or training to the Criminal 19 Justice Standards and Training Commission. The employing 20 agency with which the person has associated shall submit proof 21 of completion of any education or training so obtained for 22 purposes of demonstrating compliance with this section and 23 shall indicate that the person for whom the credits are 24 reported has secured the training under the special status 25 authorized by this section. An employing agency may require 26 any person so associated to attend continuing training or 27 education at the person's own expense and may determine the 28 courses or training that a person is to attend while 29 associated with the agency. Any person who is permitted to 30 associate with an employing agency for purposes of obtaining 31 and reporting education or continuing training credits while 3 3:01 PM 04/22/05 s1480.bi20.0ke
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1480 Barcode 510474 1 serving in an elected or appointed public office shall not be 2 considered to be employed by the employing agency or 3 considered by the association with the employing agency to 4 maintain an office under s. 5(a), Art. II of the State 5 Constitution. 6 (c) The period of time a person serves in an elected 7 or appointed office and thereby maintains the special 8 certification status authorized by this section may not be 9 considered in calculating whether the person is considered to 10 have incurred a break in service for purposes of maintaining 11 active certification by the Criminal Justice Standards and 12 Training Commission. 13 (d) An employing agency that receives a resignation 14 from a person for the purpose of avoiding the dual 15 officeholding prohibition as discussed in this subsection 16 shall verify that the person who has resigned is in fact 17 serving in an elected or public office and report the 18 verification, including an indication of the office in which 19 the person is serving to the Criminal Justice Standards and 20 Training Commission via the affidavit of separation of 21 employment used by the commission. 22 (e) Any person seeking the benefit of this subsection 23 shall, upon request, provide to the Criminal Justice Standards 24 and Training Commission any documentation or proof required by 25 the commission to evaluate the person's eligibility under this 26 subsection, to evaluate a submission of continuing training or 27 education credits as authorized by this subsection, or to 28 determine the duration of any tenure in an elected or 29 appointed public office, including any extension of the status 30 by reason of reelection or reappointment or by election or 31 appointment to a different office. 4 3:01 PM 04/22/05 s1480.bi20.0ke
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1480 Barcode 510474 1 " 2 (5) An employing agency as defined in s. 943.10 (4) 3 may require a law enforcement officer and correctional officer 4 as defined in s. 943.10 (1), (2), or (3) to successfully pass 5 a physical examination in order to be eligible for the 6 presumption set forth in s. 112.18. The employing agency shall 7 have the physical examination performed prior to or 8 immediately upon employment of the officer. Alternatively, an 9 employing agency may elect to accept the results of a physical 10 examination that has been previously performed by another 11 employing agency prior to the officer's current employment. 12 This provision shall not affect the applicability of the 13 presumption set forth in s. 112.18 for law enforcement 14 officers or correctional officers who are currently employed 15 by an employing agency. 16 (6) An employing agency as defined in s. 943.10 (4) 17 may set tobacco use standards for law enforcement officers and 18 correctional officers as defined in s. 943.10 (1), (2), or (3) 19 employed by a municipality, county, political subdivision of 20 the state of any agent of the political subdivision who has 21 constitutional authority or statutory authority to employ or 22 appoint an officer. 23 24 25 ================ T I T L E A M E N D M E N T =============== 26 And the title is amended as follows: 27 Delete everything before the enacting clause 28 29 and insert: 30 A bill to be entitled 31 An act relating to insurance; amending s. 5 3:01 PM 04/22/05 s1480.bi20.0ke
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1480 Barcode 510474 1 943.10; revising presumption of disability for 2 purposes of workers compensation and 3 establishing tobacco use standards; 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 3:01 PM 04/22/05 s1480.bi20.0ke