| 1 | A bill to be entitled |
| 2 | An act relating to law enforcement and correctional |
| 3 | officers; amending s. 943.10, F.S.; revising the |
| 4 | definition of "correctional officer" to include |
| 5 | institutional security personnel; amending s. 943.13, |
| 6 | F.S.; providing an exemption from the requirement for |
| 7 | completion of a commission-approved basic reserve or |
| 8 | auxiliary training program for auxiliary law enforcement |
| 9 | officers in certain circumstances; providing an effective |
| 10 | date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Subsection (2) of section 943.10, Florida |
| 15 | Statutes, is amended to read: |
| 16 | 943.10 Definitions; ss. 943.085-943.255.--The following |
| 17 | words and phrases as used in ss. 943.085-943.255 are defined as |
| 18 | follows: |
| 19 | (2) "Correctional officer" means any person who is |
| 20 | appointed or employed full time by the state or any political |
| 21 | subdivision thereof, or by any private entity contracting which |
| 22 | has contracted with the state or political subdivision county, |
| 23 | and whose primary responsibility is the supervision, protection, |
| 24 | care, custody, and control, or investigation, of inmates within |
| 25 | a correctional institution. The term also includes any person |
| 26 | employed full time by the state as institutional security |
| 27 | personnel as defined in s. 916.106.; however, The term |
| 28 | "correctional officer" does not include any secretarial, |
| 29 | clerical, or professionally trained personnel. |
| 30 | Section 2. Subsection (9) of section 943.13, Florida |
| 31 | Statutes, is amended to read: |
| 32 | 943.13 Officers' minimum qualifications for employment or |
| 33 | appointment.--On or after October 1, 1984, any person employed |
| 34 | or appointed as a full-time, part-time, or auxiliary law |
| 35 | enforcement officer or correctional officer; on or after October |
| 36 | 1, 1986, any person employed as a full-time, part-time, or |
| 37 | auxiliary correctional probation officer; and on or after |
| 38 | October 1, 1986, any person employed as a full-time, part-time, |
| 39 | or auxiliary correctional officer by a private entity under |
| 40 | contract to the Department of Corrections, to a county |
| 41 | commission, or to the Department of Management Services shall: |
| 42 | (9) Complete a commission-approved basic recruit training |
| 43 | program for the applicable criminal justice discipline, unless |
| 44 | exempt under this subsection. |
| 45 | (a) An applicant who has: |
| 46 | 1.(a) Completed a comparable basic recruit training |
| 47 | program for the applicable criminal justice discipline in |
| 48 | another state or for the Federal Government; and |
| 49 | 2.(b) Served as a full-time sworn officer in another state |
| 50 | or for the Federal Government for at least 1 year provided there |
| 51 | is no more than an 8-year break in employment, as measured from |
| 52 | the separation date of the most recent qualifying employment to |
| 53 | the time a complete application is submitted for an exemption |
| 54 | under this section, |
| 55 |
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| 56 | is exempt in accordance with s. 943.131(2) from completing the |
| 57 | commission-approved basic recruit training program. |
| 58 | (b) If an applicant seeks to serve as an auxiliary law |
| 59 | enforcement officer as defined in s. 943.10(8) and seeks an |
| 60 | exemption from completing a commission-approved basic reserve or |
| 61 | auxiliary training program, the agency must verify that the |
| 62 | applicant has successfully completed another state's comparable |
| 63 | basic reserve or auxiliary training program for the discipline |
| 64 | in which the applicant is seeking certification; completed the |
| 65 | Florida Comparative Compliance course; demonstrated proficiency |
| 66 | in the high-liability area, as defined by commission rule; |
| 67 | completed the requirements of subsection (10) within 1 year |
| 68 | after receiving an exemption; served as an auxiliary law |
| 69 | enforcement officer in another state for at least 1 year, |
| 70 | provided there is no more than an 8-year break in service as |
| 71 | measured from the separation date of the most recent qualifying |
| 72 | service to the time a complete application is submitted; and |
| 73 | execute and submit to the agency an affidavit-of-applicant form, |
| 74 | as adopted by the commission, attesting to his or her compliance |
| 75 | with subsections (1)-(7). The affidavit shall be executed under |
| 76 | oath and constitutes a statement within the purview of s. |
| 77 | 837.06. The affidavit shall include conspicuous language that |
| 78 | the intentional false execution of the affidavit constitutes a |
| 79 | misdemeanor of the second degree. The affidavit shall be |
| 80 | retained by the employing agency. At no time may an auxiliary |
| 81 | law enforcement officer exempted under this paragraph work in a |
| 82 | full-time, paid capacity. |
| 83 | Section 3. This act shall take effect July 1, 2008. |