| 1 | A bill to be entitled |
| 2 | An act relating to employment requirements for law |
| 3 | enforcement personnel; amending s. 943.13, F.S.; revising |
| 4 | the presumption of disability for certain law enforcement, |
| 5 | correctional, and correctional probation officers; |
| 6 | amending s. 943.137, F.S.; authorizing an agency that |
| 7 | employs law enforcement personnel to establish tobacco-use |
| 8 | standards; providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Subsection (6) of section 943.13, Florida |
| 13 | Statutes, is amended to read: |
| 14 | 943.13 Officers' minimum qualifications for employment or |
| 15 | appointment.--On or after October 1, 1984, any person employed |
| 16 | or appointed as a full-time, part-time, or auxiliary law |
| 17 | enforcement officer or correctional officer; on or after October |
| 18 | 1, 1986, any person employed as a full-time, part-time, or |
| 19 | auxiliary correctional probation officer; and on or after |
| 20 | October 1, 1986, any person employed as a full-time, part-time, |
| 21 | or auxiliary correctional officer by a private entity under |
| 22 | contract to the Department of Corrections, to a county |
| 23 | commission, or to the Department of Management Services shall: |
| 24 | (6) Have passed a physical examination by a licensed |
| 25 | physician, physician assistant, or certified advanced registered |
| 26 | nurse practitioner, based on specifications established by the |
| 27 | commission. In order to be eligible for the presumption set |
| 28 | forth in s. 112.18 while employed with an employing agency, a |
| 29 | law enforcement officer, correctional officer, or correctional |
| 30 | probation officer must have successfully passed the physical |
| 31 | examination required by this subsection upon entering into |
| 32 | service as a law enforcement officer, correctional officer, or |
| 33 | correctional probation officer with the employing agency, which |
| 34 | examination must have failed to reveal any evidence of |
| 35 | tuberculosis, heart disease, or hypertension. A law enforcement |
| 36 | officer, correctional officer, or correctional probation officer |
| 37 | may not use a physical examination from a former employing |
| 38 | agency for purposes of claiming the presumption set forth in s. |
| 39 | 112.18 against the current employing agency. |
| 40 | Section 2. Subsection (1) of section 943.137, Florida |
| 41 | Statutes, is amended to read: |
| 42 | 943.137 Establishment of qualifications and standards |
| 43 | above the minimum.-- |
| 44 | (1) Nothing herein may be construed to preclude an |
| 45 | employing agency from establishing qualifications and standards |
| 46 | for employment, appointment, training, or promotion of officers |
| 47 | that exceed the minimum requirements set by ss. 943.13 and |
| 48 | 943.17, including establishing tobacco-use standards. |
| 49 | Section 3. This act shall take effect October 1, 2007. |