Senate Bill sb0410c1
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Florida Senate - 2006 CS for SB 410
By the Committee on Criminal Justice; and Senator Baker
591-1820-06
1 A bill to be entitled
2 An act relating to employment requirements for
3 law enforcement personnel; amending s. 943.13,
4 F.S.; revising the presumption of disability
5 for certain law enforcement, correctional, and
6 correctional probation officers; amending s.
7 943.137, F.S.; authorizing the establishment of
8 tobacco-use standards; providing an effective
9 date.
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Subsection (6) of section 943.13, Florida
14 Statutes, is amended to read:
15 943.13 Officers' minimum qualifications for employment
16 or appointment.--On or after October 1, 1984, any person
17 employed or appointed as a full-time, part-time, or auxiliary
18 law enforcement officer or correctional officer; on or after
19 October 1, 1986, any person employed as a full-time,
20 part-time, or auxiliary correctional probation officer; and on
21 or after October 1, 1986, any person employed as a full-time,
22 part-time, or auxiliary correctional officer by a private
23 entity under contract to the Department of Corrections, to a
24 county commission, or to the Department of Management Services
25 shall:
26 (6)(a) Have passed a physical examination by a
27 licensed physician, physician assistant, or certified advanced
28 registered nurse practitioner, based on specifications
29 established by the commission.
30 (b) In order to be eligible for the presumption set
31 forth in s. 112.18 while employed with an employing agency, a
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 410
591-1820-06
1 law enforcement officer, correctional officer, or correctional
2 probation officer shall have successfully passed the physical
3 examination required by paragraph (a) upon entering into
4 service as a law enforcement officer, correctional officer, or
5 correctional probation officer with the employing agency,
6 which examination failed to reveal any evidence of
7 tuberculosis, heart disease, or hypertension. In no event may
8 a law enforcement officer, correctional officer, or
9 correctional probation officer use a physical examination from
10 a former employing agency for purposes of claiming the
11 presumption set forth in s. 112.18 against the current
12 employing agency.
13 Section 2. Subsection (1) of section 943.137, Florida
14 Statutes, is amended to read:
15 943.137 Establishment of qualifications and standards
16 above the minimum.--
17 (1) Nothing herein may be construed to preclude an
18 employing agency from establishing qualifications and
19 standards for employment, appointment, training, or promotion
20 of officers that exceed the minimum requirements set by ss.
21 943.13 and 943.17, including establishing tobacco-use
22 standards.
23 Section 3. This act shall take effect October 1, 2006.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 410
591-1820-06
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 410
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4 - Provides that, in order to be eligible for the
presumption set forth in s. 112.18, F.S., that a
5 condition or impairment of health caused by tuberculosis,
heart disease, or hypertension resulting in total or
6 partial disability or death is accidental or suffered in
the line of duty, a law enforcement officer, correctional
7 officer, or correctional probation officer, while
employed with an employing agency, shall have
8 successfully passed the physical examination required by
s. 943.13, F.S., upon entering into service as such
9 officer with the employing agency, which examination
failed to reveal any evidence of tuberculosis, heart
10 disease, or hypertension.
11 - Provides that in no event may a law enforcement officer,
correctional officer, or correctional probation officer
12 use a physical examination from a former employing agency
for purposes of claiming the disability presumption set
13 forth in s. 112.18, F.S., against the current employing
agency.
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