Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS for CS for CS for CS for SB 1614

786040

CHAMBER ACTION

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.