HB 857

1
A bill to be entitled
2An act relating to law enforcement and correctional
3officers; amending s. 943.13, F.S.; requiring certain
4applicants for employment to complete a recertification
5course; amending s. 943.131, F.S.; conforming provisions;
6reenacting s. 943.1395(3), F.S., relating to certification
7of such officers, to incorporate the amendments made to s.
8943.13, F.S., in references thereto; providing an
9effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Subsection (9) of section 943.13, Florida
14Statutes, is amended to read:
15     943.13  Officers' minimum qualifications for employment or
16appointment.--On or after October 1, 1984, any person employed
17or appointed as a full-time, part-time, or auxiliary law
18enforcement officer or correctional officer; on or after October
191, 1986, any person employed as a full-time, part-time, or
20auxiliary correctional probation officer; and on or after
21October 1, 1986, any person employed as a full-time, part-time,
22or auxiliary correctional officer by a private entity under
23contract to the Department of Corrections, to a county
24commission, or to the Department of Management Services shall:
25     (9)  Complete a commission-approved basic recruit training
26program for the applicable criminal justice discipline, unless
27exempt under this subsection.
28     (a)  An applicant who has:
29     1.(a)  Completed a comparable basic recruit training
30program for the applicable criminal justice discipline in
31another state or for the Federal Government; and
32     2.(b)  Served as a full-time sworn officer in another state
33or for the Federal Government for at least 1 year provided there
34is no more than an 8-year break in employment, as measured from
35the separation date of the most recent qualifying employment to
36the time a complete application is submitted for an exemption
37under this section,
38
39is exempt in accordance with s. 943.131(2) from completing the
40commission-approved basic recruit training program.
41     (b)  However, an applicant who has a break in employment of
42more than 8 years and who otherwise meets the requirements of
43this section must complete a 120-hour recertification course
44that emphasizes firearms training and a review of the applicable
45laws of this state. Such course may be conducted by the hiring
46agency.
47     Section 2.  Subsection (2) of section 943.131, Florida
48Statutes, is amended to read:
49     943.131  Temporary employment or appointment; minimum basic
50recruit training exemption.--
51     (2)(a)  If an applicant seeks an exemption from completing
52a commission-approved basic recruit training program, the
53employing agency must verify that the applicant has successfully
54completed a comparable basic recruit training program for the
55discipline in which the applicant is seeking certification in
56another state or for the Federal Government. Further, the
57employing agency must verify that the applicant has served as a
58full-time sworn officer in another state or for the Federal
59Government for at least 1 year provided there is no more than an
608-year break in employment, as measured from the separation date
61of the most recent qualifying employment to the time a complete
62application is submitted for an exemption under this section. If
63there has been more than an 8-year break in employment, the
64applicant must comply with the requirements of s. 943.13(9)(b).
65     (b)  When the employing agency obtains written
66documentation regarding the applicant's criminal justice
67experience, the documentation must be submitted to the
68commission. The commission shall adopt rules that establish
69criteria and procedures to determine if the applicant is exempt
70from completing the commission-approved basic recruit training
71program and, upon making a determination, shall notify the
72employing agency. An applicant who is exempt from completing the
73commission-approved basic recruit training program must
74demonstrate proficiency in the high-liability areas, as defined
75by commission rule, and must complete the requirements of s.
76943.13(10) within 1 year after receiving an exemption. If the
77proficiencies and requirements of s. 943.13(10) are not met
78within the 1 year, the applicant must complete a commission-
79approved basic recruit training program, as required by the
80commission by rule. Except as provided in subsection (1), before
81the employing agency may employ or appoint the applicant as an
82officer, the applicant must meet the minimum qualifications
83described in s. 943.13(1)-(8), and must fulfill the requirements
84of s. 943.13(10).
85     Section 3.  For the purpose of incorporating the amendments
86made by this act to section 943.13, Florida Statutes, in
87references thereto, subsection (3) of section 943.1395, Florida
88Statutes, is reenacted to read:
89     943.1395  Certification for employment or appointment;
90concurrent certification; reemployment or reappointment;
91inactive status; revocation; suspension; investigation.--
92     (3)  Any certified officer who has separated from
93employment or appointment and who is not reemployed or
94reappointed by an employing agency within 4 years after the date
95of separation must meet the minimum qualifications described in
96s. 943.13, except for the requirement found in s. 943.13(9).
97Further, such officer must complete any training required by the
98commission by rule. Any such officer who is not reemployed or
99reappointed by an employing agency within 8 years after the date
100of separation must meet the minimum qualifications described in
101s. 943.13, to include the requirement of s. 943.13(9).
102     Section 4.  This act shall take effect July 1, 2007.


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