| 1 | The Governmental Operations Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to employment requirements for law |
| 7 | enforcement personnel; amending s. 943.13, F.S.; revising |
| 8 | the presumption of disability for certain law enforcement, |
| 9 | correctional, and correctional probation officers; |
| 10 | amending s. 943.137, F.S.; authorizing establishment of |
| 11 | tobacco-use standards; providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Subsection (6) of section 943.13, Florida |
| 16 | Statutes, is amended to read: |
| 17 | 943.13 Officers' minimum qualifications for employment or |
| 18 | appointment.--On or after October 1, 1984, any person employed |
| 19 | or appointed as a full-time, part-time, or auxiliary law |
| 20 | enforcement officer or correctional officer; on or after October |
| 21 | 1, 1986, any person employed as a full-time, part-time, or |
| 22 | auxiliary correctional probation officer; and on or after |
| 23 | October 1, 1986, any person employed as a full-time, part-time, |
| 24 | or auxiliary correctional officer by a private entity under |
| 25 | contract to the Department of Corrections, to a county |
| 26 | commission, or to the Department of Management Services shall: |
| 27 | (6)(a) Have passed a physical examination by a licensed |
| 28 | physician, physician assistant, or certified advanced registered |
| 29 | nurse practitioner, based on specifications established by the |
| 30 | commission. |
| 31 | (b) In order to be eligible for the presumption set forth |
| 32 | in s. 112.18 while employed as a law enforcement officer, |
| 33 | correctional officer, or correctional probation officer with an |
| 34 | employing agency, have successfully passed the physical |
| 35 | examination required by paragraph (a) upon entering into service |
| 36 | as a law enforcement officer, correctional officer, or |
| 37 | correctional probation officer with the employing agency, which |
| 38 | examination must have failed to reveal any evidence of |
| 39 | tuberculosis, heart disease, or hypertension. In no event may a |
| 40 | law enforcement officer, correctional officer, or correctional |
| 41 | probation officer use a physical examination from a former |
| 42 | employing agency for purposes of claiming the presumption set |
| 43 | forth in s. 112.18 against the current employing agency. |
| 44 | Section 2. Subsection (1) of section 943.137, Florida |
| 45 | Statutes, is amended to read: |
| 46 | 943.137 Establishment of qualifications and standards |
| 47 | above the minimum.-- |
| 48 | (1) Nothing herein may be construed to preclude an |
| 49 | employing agency from establishing qualifications and standards |
| 50 | for employment, appointment, training, or promotion of officers |
| 51 | that exceed the minimum requirements set by ss. 943.13 and |
| 52 | 943.17, including establishing tobacco-use standards. |
| 53 | Section 3. This act shall take effect October 1, 2006. |