| 1 | The Fiscal Council 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 law enforcement personnel; amending s. |
| 7 | 162.21, F.S.; including environmental enforcement officers |
| 8 | as authorized county or municipality code enforcement |
| 9 | officers; amending s. 943.10, F.S.; defining the term |
| 10 | "environmental enforcement officer"; amending s. 943.13, |
| 11 | F.S.; revising the presumption of disability for certain |
| 12 | law enforcement, correctional, and correctional probation |
| 13 | officers; amending s. 943.137, F.S.; authorizing |
| 14 | establishment of tobacco-use standards; providing an |
| 15 | effective date. |
| 16 |
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| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
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| 19 | Section 1. Subsection (2) of section 162.21, Florida |
| 20 | Statutes, is amended to read: |
| 21 | 162.21 Enforcement of county or municipal codes or |
| 22 | ordinances; penalties.-- |
| 23 | (2) A county or a municipality may designate certain of |
| 24 | its employees or agents as code enforcement officers. The |
| 25 | training and qualifications of the employees or agents for such |
| 26 | designation shall be determined by the county or the |
| 27 | municipality. Employees or agents who may be designated as code |
| 28 | enforcement officers may include, but are not limited to, code |
| 29 | inspectors, environmental enforcement officers, law enforcement |
| 30 | officers, animal control officers, or firesafety inspectors. |
| 31 | Designation as a code enforcement officer does not provide the |
| 32 | code enforcement officer with the power of arrest or subject the |
| 33 | code enforcement officer to the provisions of ss. 943.085- |
| 34 | 943.255. Nothing in this section amends, alters, or contravenes |
| 35 | the provisions of any state-administered retirement system or |
| 36 | any state-supported retirement system established by general |
| 37 | law. |
| 38 | Section 2. Subsection (22) is added to section 943.10, |
| 39 | Florida Statutes, to read: |
| 40 | 943.10 Definitions; ss. 943.085-943.255.--The following |
| 41 | words and phrases as used in ss. 943.085-943.255 are defined as |
| 42 | follows: |
| 43 | (22) "Environmental enforcement officer" means a person |
| 44 | who is employed full time by a county or municipality, who is |
| 45 | vested with authority to make arrests, and whose primary |
| 46 | responsibility is the enforcement of litter and solid waste laws |
| 47 | of the state which provide for a criminal penalty. |
| 48 | Section 3. Subsection (6) of section 943.13, Florida |
| 49 | Statutes, is amended to read: |
| 50 | 943.13 Officers' minimum qualifications for employment or |
| 51 | appointment.--On or after October 1, 1984, any person employed |
| 52 | or appointed as a full-time, part-time, or auxiliary law |
| 53 | enforcement officer or correctional officer; on or after October |
| 54 | 1, 1986, any person employed as a full-time, part-time, or |
| 55 | auxiliary correctional probation officer; and on or after |
| 56 | October 1, 1986, any person employed as a full-time, part-time, |
| 57 | or auxiliary correctional officer by a private entity under |
| 58 | contract to the Department of Corrections, to a county |
| 59 | commission, or to the Department of Management Services shall: |
| 60 | (6)(a) Have passed a physical examination by a licensed |
| 61 | physician, physician assistant, or certified advanced registered |
| 62 | nurse practitioner, based on specifications established by the |
| 63 | commission. |
| 64 | (b) In order to be eligible for the presumption set forth |
| 65 | in s. 112.18 while employed as a law enforcement officer, |
| 66 | correctional officer, or correctional probation officer with an |
| 67 | employing agency, have successfully passed the physical |
| 68 | examination required by paragraph (a) upon entering into service |
| 69 | as a law enforcement officer, correctional officer, or |
| 70 | correctional probation officer with the employing agency, which |
| 71 | examination must have failed to reveal any evidence of |
| 72 | tuberculosis, heart disease, or hypertension. In no event may a |
| 73 | law enforcement officer, correctional officer, or correctional |
| 74 | probation officer use a physical examination from a former |
| 75 | employing agency for purposes of claiming the presumption set |
| 76 | forth in s. 112.18 against the current employing agency. |
| 77 | Section 4. Subsection (1) of section 943.137, Florida |
| 78 | Statutes, is amended to read: |
| 79 | 943.137 Establishment of qualifications and standards |
| 80 | above the minimum.-- |
| 81 | (1) Nothing herein may be construed to preclude an |
| 82 | employing agency from establishing qualifications and standards |
| 83 | for employment, appointment, training, or promotion of officers |
| 84 | that exceed the minimum requirements set by ss. 943.13 and |
| 85 | 943.17, including establishing tobacco-use standards. |
| 86 | Section 5. This act shall take effect October 1, 2006. |