HB 0237CS

CHAMBER ACTION




1The Fiscal Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to law enforcement personnel; amending s.
7162.21, F.S.; including environmental enforcement officers
8as authorized county or municipality code enforcement
9officers; amending s. 943.10, F.S.; defining the term
10"environmental enforcement officer"; amending s. 943.13,
11F.S.; revising the presumption of disability for certain
12law enforcement, correctional, and correctional probation
13officers; amending s. 943.137, F.S.; authorizing
14establishment of tobacco-use standards; providing an
15effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Subsection (2) of section 162.21, Florida
20Statutes, is amended to read:
21     162.21  Enforcement of county or municipal codes or
22ordinances; penalties.--
23     (2)  A county or a municipality may designate certain of
24its employees or agents as code enforcement officers. The
25training and qualifications of the employees or agents for such
26designation shall be determined by the county or the
27municipality. Employees or agents who may be designated as code
28enforcement officers may include, but are not limited to, code
29inspectors, environmental enforcement officers, law enforcement
30officers, animal control officers, or firesafety inspectors.
31Designation as a code enforcement officer does not provide the
32code enforcement officer with the power of arrest or subject the
33code enforcement officer to the provisions of ss. 943.085-
34943.255. Nothing in this section amends, alters, or contravenes
35the provisions of any state-administered retirement system or
36any state-supported retirement system established by general
37law.
38     Section 2.  Subsection (22) is added to section 943.10,
39Florida Statutes, to read:
40     943.10  Definitions; ss. 943.085-943.255.--The following
41words and phrases as used in ss. 943.085-943.255 are defined as
42follows:
43     (22)  "Environmental enforcement officer" means a person
44who is employed full time by a county or municipality, who is
45vested with authority to make arrests, and whose primary
46responsibility is the enforcement of litter and solid waste laws
47of the state which provide for a criminal penalty.
48     Section 3.  Subsection (6) of section 943.13, Florida
49Statutes, is amended to read:
50     943.13  Officers' minimum qualifications for employment or
51appointment.--On or after October 1, 1984, any person employed
52or appointed as a full-time, part-time, or auxiliary law
53enforcement officer or correctional officer; on or after October
541, 1986, any person employed as a full-time, part-time, or
55auxiliary correctional probation officer; and on or after
56October 1, 1986, any person employed as a full-time, part-time,
57or auxiliary correctional officer by a private entity under
58contract to the Department of Corrections, to a county
59commission, or to the Department of Management Services shall:
60     (6)(a)  Have passed a physical examination by a licensed
61physician, physician assistant, or certified advanced registered
62nurse practitioner, based on specifications established by the
63commission.
64     (b)  In order to be eligible for the presumption set forth
65in s. 112.18 while employed as a law enforcement officer,
66correctional officer, or correctional probation officer with an
67employing agency, have successfully passed the physical
68examination required by paragraph (a) upon entering into service
69as a law enforcement officer, correctional officer, or
70correctional probation officer with the employing agency, which
71examination must have failed to reveal any evidence of
72tuberculosis, heart disease, or hypertension. In no event may a
73law enforcement officer, correctional officer, or correctional
74probation officer use a physical examination from a former
75employing agency for purposes of claiming the presumption set
76forth in s. 112.18 against the current employing agency.
77     Section 4.  Subsection (1) of section 943.137, Florida
78Statutes, is amended to read:
79     943.137  Establishment of qualifications and standards
80above the minimum.--
81     (1)  Nothing herein may be construed to preclude an
82employing agency from establishing qualifications and standards
83for employment, appointment, training, or promotion of officers
84that exceed the minimum requirements set by ss. 943.13 and
85943.17, including establishing tobacco-use standards.
86     Section 5.  This act shall take effect October 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.