HB 547

1
A bill to be entitled
2An act relating to employment requirements for law
3enforcement personnel; amending s. 943.13, F.S.; revising
4the presumption of disability for certain law enforcement,
5correctional, and correctional probation officers;
6amending s. 943.137, F.S.; authorizing an agency that
7employs law enforcement personnel to establish tobacco-use
8standards; providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Subsection (6) of section 943.13, Florida
13Statutes, is amended to read:
14     943.13  Officers' minimum qualifications for employment or
15appointment.--On or after October 1, 1984, any person employed
16or appointed as a full-time, part-time, or auxiliary law
17enforcement officer or correctional officer; on or after October
181, 1986, any person employed as a full-time, part-time, or
19auxiliary correctional probation officer; and on or after
20October 1, 1986, any person employed as a full-time, part-time,
21or auxiliary correctional officer by a private entity under
22contract to the Department of Corrections, to a county
23commission, or to the Department of Management Services shall:
24     (6)  Have passed a physical examination by a licensed
25physician, physician assistant, or certified advanced registered
26nurse practitioner, based on specifications established by the
27commission. In order to be eligible for the presumption set
28forth in s. 112.18 while employed with an employing agency, a
29law enforcement officer, correctional officer, or correctional
30probation officer must have successfully passed the physical
31examination required by this subsection upon entering into
32service as a law enforcement officer, correctional officer, or
33correctional probation officer with the employing agency, which
34examination must have failed to reveal any evidence of
35tuberculosis, heart disease, or hypertension. A law enforcement
36officer, correctional officer, or correctional probation officer
37may not use a physical examination from a former employing
38agency for purposes of claiming the presumption set forth in s.
39112.18 against the current employing agency.
40     Section 2.  Subsection (1) of section 943.137, Florida
41Statutes, is amended to read:
42     943.137  Establishment of qualifications and standards
43above the minimum.--
44     (1)  Nothing herein may be construed to preclude an
45employing agency from establishing qualifications and standards
46for employment, appointment, training, or promotion of officers
47that exceed the minimum requirements set by ss. 943.13 and
48943.17, including establishing tobacco-use standards.
49     Section 3.  This act shall take effect October 1, 2007.


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