Florida Senate - 2008 SENATOR AMENDMENT
Bill No. CS for CS for CS for CS for SB 1614
786040
Senate
Floor: WD/3R
4/25/2008 9:50 AM
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House
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Senator Dockery moved the following amendment:
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Senate Amendment (with and title amendment)
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Delete line(s) 149-286
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and insert:
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Section 2. Section 943.16, Florida Statutes, is amended to
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read:
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943.16 Payment of tuition or officer certification
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examination fee by employing agency; reimbursement of tuition,
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other course expenses, wages, and benefits.--
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(1) An employing agency is authorized to pay any costs of
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tuition of a trainee in attendance at an approved basic recruit
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training program.
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(2)(a) A trainee who attends such approved training program
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at the expense of an employing agency must remain in the
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employment or appointment of such employing agency for a period
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of not less than 2 years after graduation from the basic recruit
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training program. If employment or appointment is terminated on
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the trainee's own initiative within 2 years, he or she shall
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reimburse the employing agency for the full cost of his or her
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tuition and, other course expenses, and additional amounts as
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provided in paragraph (b).
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(b) In addition to reimbursement for the full cost of
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tuition and other course expenses, a trainee terminating
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employment as provided in paragraph (a) shall reimburse the
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employing agency for the trainee's wages and benefits paid by the
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employing agency during the academy training period according to
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the following schedule:
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1. For a trainee terminating employment within 6 months of
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graduation from the basic recruit training program, the full
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amount of wages and benefits paid during the academy training
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period.
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2. For a trainee terminating employment within 6 months and
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1 day to 12 months of graduation from the basic recruit training
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program, an amount equal to three-fourths of the full amount of
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wages and benefits paid during the academy training period.
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3. For a trainee terminating employment within 12 months
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and 1 day to 18 months of graduation from the basic recruit
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training program, an amount equal to one-half of the full amount
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of wages and benefits paid during the academy training period.
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4. For a trainee terminating employment within 18 months
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and 1 day to 24 months of graduation from the basic recruit
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training program, an amount equal to one-fourth of the full
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amount of wages and benefits paid during the academy training
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period.
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(3) An employing agency is authorized to pay the required
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fee for an applicant to take the officer certification
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examination on one occasion.
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(4) An employing agency may institute a civil action to
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collect such cost of tuition and, other course expenses, wages,
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and benefits as provided in this section if it is not reimbursed,
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provided that the employing agency gave written notification to
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the trainee of the 2-year employment commitment during the
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employment screening process. The trainee shall return signed
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acknowledgment of receipt of such notification.
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(5) For purposes of this section, "academy training period"
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means the period of time that a trainee is attending an approved
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basic recruit training program in a law enforcement or
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correctional officer academy class for purposes of obtaining
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certification pursuant to this chapter, until the date of
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graduation from such class. the term "other course expenses"
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includes the cost of meals.
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(6) This section does not apply to trainees who terminate
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employment with the employing agency and resign their
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certification upon termination in order to obtain employment for
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which certification under this chapter is not required. Further,
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this section does not apply to trainees attending auxiliary
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officer training.
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(7) Notwithstanding the provisions of this section, an
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employing agency may waive a trainee's requirement of
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reimbursement in part or in full when the trainee terminates
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employment due to hardship or extenuating circumstances.
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Section 3. Subsection (5) of section 944.1905, Florida
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Statutes, is amended to read:
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944.1905 Initial inmate classification; inmate
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reclassification.--The Department of Corrections shall classify
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inmates pursuant to an objective classification scheme. The
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initial inmate classification questionnaire and the inmate
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reclassification questionnaire must cover both aggravating and
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mitigating factors.
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(5)(a) Notwithstanding any other provision of this section
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or chapter 958, the department shall assign to facilities housing
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youthful offenders specific correctional facilities all inmates
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who are less than 18 years of age and who are not eligible for
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and have not been assigned to a facility for youthful offenders
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under the provisions of chapter 958. Such an inmate shall be
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assigned to a facility for youthful offenders until the inmate is
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18 years of age; however, the department may assign the inmate to
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a facility for youthful offenders until the inmate reaches an age
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not to exceed 21 years if the department determines that the
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continued assignment is in the best interests of the inmate and
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the assignment does not pose an unreasonable risk to other
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inmates in the facility. Any such inmate who is less than 18
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years of age shall be housed in a dormitory that is separate from
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inmates who are 18 years of age or older. Furthermore, the
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department shall provide any food service, education, and
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recreation for such inmate separately from inmates who are 18
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years of age or older.
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(b) Notwithstanding the requirements of s. 958.11, any
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inmate who is less than 18 years of age, who was 15 years of age
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or younger at the time of his or her offense, and who has no
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prior juvenile adjudication must be placed in a facility for
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youthful offenders until the inmate is 18 years of age. At the
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discretion of the department, such an inmate may be placed in a
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facility for youthful offenders until the inmate is 21 years of
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age.
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(b)(c) Any inmate who is assigned to a facility under
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paragraph (a) is subject to the provisions of s. 958.11 regarding
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facility assignments, and or paragraph (b) shall be removed and
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reassigned to the general inmate population if his or her
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behavior threatens the safety of other inmates or correctional
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staff.
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(Redesignate subsequent sections.)
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================ T I T L E A M E N D M E N T ================
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And the title is amended as follows:
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Delete line(s) 5-33
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and insert:
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community control; amending s. 943.16, F.S.; eliminating
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provisions requiring that a law enforcement officer
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reimburse the employing agency for wages and benefits paid
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by the employing agency if the officer terminates
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employment before the end of a 2-year commitment period;
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eliminating wages and benefits from the costs that
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employing agencies may recover; eliminating the definition
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of the term "academy training period"; amending s.
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944.1905, F.S.; authorizing the department to assign
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certain inmates younger than 18 years of age to a facility
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for youthful offenders until the inmate reaches a
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specified age; deleting provisions requiring that certain
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offenders younger than 18 years of age be housed and
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provided certain services separately from older offenders
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or placed in a facility for youthful offenders;
4/24/2008 6:24:00 PM CJ.15.08685
CODING: Words stricken are deletions; words underlined are additions.