Senate Bill sb0496

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    Florida Senate - 2007                                   SB 496

    By Senator Saunders





    37-379-07

  1                      A bill to be entitled

  2         An act relating to law enforcement and

  3         correctional officers; amending s. 943.13,

  4         F.S.; requiring certain applicants for

  5         employment to complete a recertification

  6         course; amending s. 943.131, F.S.; conforming

  7         provisions; reenacting s. 943.1395, F.S.,

  8         relating to certification of such officers, to

  9         incorporate the amendments made to s. 943.13,

10         F.S., in a reference thereto; providing an

11         effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Subsection (9) of section 943.13, Florida

16  Statutes, is amended to read:

17         943.13  Officers' minimum qualifications for employment

18  or appointment.--On or after October 1, 1984, any person

19  employed or appointed as a full-time, part-time, or auxiliary

20  law enforcement officer or correctional officer; on or after

21  October 1, 1986, any person employed as a full-time,

22  part-time, or auxiliary correctional probation officer; and on

23  or after October 1, 1986, any person employed as a full-time,

24  part-time, or auxiliary correctional officer by a private

25  entity under contract to the Department of Corrections, to a

26  county commission, or to the Department of Management Services

27  shall:

28         (9)  Complete a commission-approved basic recruit

29  training program for the applicable criminal justice

30  discipline, unless exempt under this subsection.

31         (a)  An applicant who has:

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    Florida Senate - 2007                                   SB 496
    37-379-07




 1         1.(a)  Completed a comparable basic recruit training

 2  program for the applicable criminal justice discipline in

 3  another state or for the Federal Government; and

 4         2.(b)  Served as a full-time sworn officer in another

 5  state or for the Federal Government for at least 1 year

 6  provided there is no more than an 8-year break in employment,

 7  as measured from the separation date of the most recent

 8  qualifying employment to the time a complete application is

 9  submitted for an exemption under this section,

10  

11  is exempt in accordance with s. 943.131(2) from completing the

12  commission-approved basic recruit training program.

13         (b)  However, an applicant who has a break in

14  employment of more than 8 years and who otherwise meets the

15  requirements of this section must complete a 120-hour

16  recertification course that emphasizes firearms training and a

17  review of the applicable laws of this state. Such course may

18  be conducted by the hiring agency.

19         Section 2.  Subsection (2) of section 943.131, Florida

20  Statutes, is amended to read:

21         943.131  Temporary employment or appointment; minimum

22  basic recruit training exemption.--

23         (2)(a)  If an applicant seeks an exemption from

24  completing a commission-approved basic recruit training

25  program, the employing agency must verify that the applicant

26  has successfully completed a comparable basic recruit training

27  program for the discipline in which the applicant is seeking

28  certification in another state or for the Federal Government.

29  Further, the employing agency must verify that the applicant

30  has served as a full-time sworn officer in another state or

31  for the Federal Government for at least 1 year provided there

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    Florida Senate - 2007                                   SB 496
    37-379-07




 1  is no more than an 8-year break in employment, as measured

 2  from the separation date of the most recent qualifying

 3  employment to the time a complete application is submitted for

 4  an exemption under this section. If there has been more than

 5  an 8-year break in employment, the applicant must comply with

 6  the requirements of s. 943.13(9)(b).

 7         (b)  When the employing agency obtains written

 8  documentation regarding the applicant's criminal justice

 9  experience, the documentation must be submitted to the

10  commission. The commission shall adopt rules that establish

11  criteria and procedures to determine if the applicant is

12  exempt from completing the commission-approved basic recruit

13  training program and, upon making a determination, shall

14  notify the employing agency. An applicant who is exempt from

15  completing the commission-approved basic recruit training

16  program must demonstrate proficiency in the high-liability

17  areas, as defined by commission rule, and must complete the

18  requirements of s. 943.13(10) within 1 year after receiving an

19  exemption. If the proficiencies and requirements of s.

20  943.13(10) are not met within the 1 year, the applicant must

21  complete a commission-approved basic recruit training program,

22  as required by the commission by rule. Except as provided in

23  subsection (1), before the employing agency may employ or

24  appoint the applicant as an officer, the applicant must meet

25  the minimum qualifications described in s. 943.13(1)-(8), and

26  must fulfill the requirements of s. 943.13(10).

27         Section 3.  For the purpose of incorporating the

28  amendments made by this act to section 943.13, Florida

29  Statutes, in a  reference thereto, section 943.1395, Florida

30  Statutes, is reenacted to read:

31  

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    Florida Senate - 2007                                   SB 496
    37-379-07




 1         943.1395  Certification for employment or appointment;

 2  concurrent certification; reemployment or reappointment;

 3  inactive status; revocation; suspension; investigation.--

 4         (3)  Any certified officer who has separated from

 5  employment or appointment and who is not reemployed or

 6  reappointed by an employing agency within 4 years after the

 7  date of separation must meet the minimum qualifications

 8  described in s. 943.13, except for the requirement found in s.

 9  943.13(9). Further, such officer must complete any training

10  required by the commission by rule. Any such officer who is

11  not reemployed or reappointed by an employing agency within 8

12  years after the date of separation must meet the minimum

13  qualifications described in s. 943.13, to include the

14  requirement of s. 943.13(9).

15         Section 4.  This act shall take effect July 1, 2007.

16  

17            *****************************************

18                          SENATE SUMMARY

19    Revises provisions relating to training requirements for
      applicants for certain law enforcement and correctional
20    officer positions. Requires applicants with prior
      experience who have had a break in employment of more
21    than 8 years to complete a recertification course.

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