Florida Senate - 2018 SB 470
By Senator Stargel
22-00487A-18 2018470__
1 A bill to be entitled
2 An act relating to temporary employment or appointment
3 of officers; amending s. 943.10, F.S.; defining the
4 term “special operations forces”; amending s. 943.131,
5 F.S.; requiring an employing agency or criminal
6 justice selection center to verify and document that
7 certain applicants have served in the special
8 operations forces and completed certain training if
9 they seek an exemption from a basic recruit training
10 program approved by the Criminal Justice Standards and
11 Training Commission; requiring the employing agency or
12 selection center to submit the documentation to the
13 commission; reenacting ss. 626.989(7), 943.13(9),
14 943.133(1) and (6), and 943.1395(3), (9), and (10),
15 F.S., relating to investigations by the Division of
16 Investigative and Forensic Services, officers’ minimum
17 qualifications for employment or appointment, the
18 responsibilities of certain employing entities, and
19 certification for certain employment or appointment,
20 respectively, to incorporate the amendment made to s.
21 943.131, F.S., in references thereto; providing an
22 effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Subsection (22) is added to section 943.10,
27 Florida Statutes, to read:
28 943.10 Definitions; ss. 943.085-943.255.—The following
29 words and phrases as used in ss. 943.085-943.255 are defined as
30 follows:
31 (22) “Special operations forces” means those active and
32 reserve component forces of the military services designated by
33 the Secretary of Defense and specifically organized, trained,
34 and equipped to conduct and support special operations. This
35 includes, but is not limited to, servicemembers of the United
36 States Army Special Forces with military occupational skill 18,
37 the 75th Ranger Regiment with military occupational skill 11,
38 and the Combat Applications Group with military occupational
39 skills 11 and 18; the United States Navy SEALs and special
40 warfare combatant-craft crewmen with a military occupational
41 skill in the 5300 series; the United States Air Force special
42 tactics air force specialty code 13CX; the United States Marine
43 Corps critical skills operators with military occupational skill
44 0372 and special operations officers with military occupational
45 skill 0370; and any other component of the United States Special
46 Operations Command approved by the commission.
47 Section 2. Section 943.131, Florida Statutes, is amended to
48 read:
49 943.131 Temporary employment or appointment; minimum basic
50 recruit training exemptions exemption.—
51 (1)(a) An employing agency may temporarily employ or
52 appoint a person who complies with the qualifications for
53 employment in s. 943.13(1)-(8), but has not fulfilled the
54 requirements of s. 943.13(9) and (10), if a critical need exists
55 to employ or appoint the person and such person is or will be
56 enrolled in the next approved basic recruit training program
57 available in the geographic area or that no assigned state
58 training program for state officers is available within a
59 reasonable time. The employing agency must maintain
60 documentation which demonstrates that a critical need exists to
61 employ a person pursuant to this section. Prior to the
62 employment or appointment of any person other than a
63 correctional probation officer under this subsection, the person
64 shall comply with the firearms provisions established pursuant
65 to s. 943.17(1)(a). Any person temporarily employed or appointed
66 as an officer under this subsection must attend the first
67 training program offered in the geographic area, or the first
68 assigned state training program for a state officer, subsequent
69 to his or her employment or appointment. A person temporarily
70 employed or appointed as an officer under this subsection must
71 begin basic recruit training within 180 consecutive days after
72 employment. Such person must fulfill the requirements of s.
73 943.13(9) within 18 months after beginning basic recruit
74 training and must fulfill the certification examination
75 requirements of s. 943.13(10) within 180 consecutive days after
76 completing basic recruit training. A person hired after he or
77 she has commenced basic recruit training or after completion of
78 basic recruit training must fulfill the certification
79 examination requirements of s. 943.13(10) within 180 consecutive
80 days after completion of basic recruit training or the
81 commencement of employment, whichever occurs later.
82 (b) In no case may the person be temporarily employed or
83 appointed for more than 30 months. A person shall not be
84 eligible to transfer to another employer while employed pursuant
85 to this subsection. However, a person who is temporarily
86 employed or appointed and is attending the first training
87 program offered in the geographic area, or has been assigned to
88 a state training program, may continue to be temporarily
89 employed or appointed until the person:
90 1. Fails or withdraws from a basic recruit training program
91 within the time limits specified in this subsection;
92 2. Fails to achieve an acceptable score on the officer
93 certification examination within 180 consecutive days after the
94 successful completion of the basic recruit training program
95 within the time limits specified in this subsection; or
96 3. Is separated from employment or appointment by the
97 employing agency within the time limits specified in this
98 subsection.
99 (c) No person temporarily employed or appointed under the
100 provisions of this subsection may perform the duties of an
101 officer unless he or she is adequately supervised by another
102 officer of the same discipline. The supervising officer must be
103 in full compliance with the provisions of s. 943.13 and must be
104 employed or appointed by the employing agency.
105 (d) Persons employed under this subsection are subject to
106 the provisions of s. 943.1395.
107 (e) Persons who have had a certification administered
108 pursuant to s. 943.1395 revoked by the commission or have
109 voluntarily relinquished such certification shall be ineligible
110 for employment pursuant to this subsection.
111 (2) If an applicant seeks an exemption from completing a
112 commission-approved basic recruit training program, the
113 employing agency or criminal justice selection center must do
114 one of the following, as appropriate:
115 (a) Verify that the applicant has successfully completed a
116 comparable basic recruit training program for the discipline in
117 which the applicant is seeking certification in another state or
118 for the Federal Government or a previous Florida basic recruit
119 training program. Further, the employing agency or criminal
120 justice selection center must verify and document that the
121 applicant has served as a full-time sworn officer in another
122 state or for the Federal Government for at least 1 year provided
123 there is no more than an 8-year break in employment or was a
124 previously certified Florida officer provided there is no more
125 than an 8-year break in employment, as measured from the
126 separation date of the most recent qualifying employment to the
127 time a complete application is submitted for an exemption under
128 this section. When The employing agency or criminal justice
129 selection center shall submit obtains written documentation of
130 satisfaction of this requirement to the commission regarding the
131 applicant’s criminal justice experience, the documentation must
132 be submitted to the commission.
133 (b) Verify and document that the applicant has served in
134 the special operations forces for a minimum of 10 years and has
135 successfully completed a special operations forces training
136 course. The employing agency or criminal justice selection
137 center shall submit documentation of satisfaction of these
138 requirements to the commission.
139
140 The commission shall adopt rules that establish criteria and
141 procedures to determine if an the applicant is exempt from
142 completing the commission-approved basic recruit training
143 program and, upon making such a determination, shall notify the
144 employing agency or criminal justice selection center, as
145 appropriate. An applicant who is exempt from completing the
146 commission-approved basic recruit training program must
147 demonstrate proficiency in the high-liability areas, as defined
148 by commission rule, and must complete the requirements of s.
149 943.13(10) within 1 year after receiving an exemption. If the
150 proficiencies and requirements of s. 943.13(10) are not met
151 within the 1 year, such an the applicant must seek an additional
152 exemption pursuant to the requirements of this subsection.
153 Except as provided in subsection (1), before an the employing
154 agency may employ or appoint an the applicant as an officer, the
155 applicant must meet the minimum qualifications described in s.
156 943.13(1)-(8), and must fulfill the requirements of s.
157 943.13(10).
158 Section 3. For the purpose of incorporating the amendment
159 made by this act to section 943.131, Florida Statutes, in a
160 reference thereto, subsection (7) of section 626.989, Florida
161 Statutes, is reenacted to read:
162 626.989 Investigation by department or Division of
163 Investigative and Forensic Services; compliance; immunity;
164 confidential information; reports to division; division
165 investigator’s power of arrest.—
166 (7) Division investigators shall have the power to make
167 arrests for criminal violations established as a result of
168 investigations. Such investigators shall also be considered
169 state law enforcement officers for all purposes and shall have
170 the power to execute arrest warrants and search warrants; to
171 serve subpoenas issued for the examination, investigation, and
172 trial of all offenses; and to arrest upon probable cause without
173 warrant any person found in the act of violating any of the
174 provisions of applicable laws. Investigators empowered to make
175 arrests under this section shall be empowered to bear arms in
176 the performance of their duties. In such a situation, the
177 investigator must be certified in compliance with the provisions
178 of s. 943.1395 or must meet the temporary employment or
179 appointment exemption requirements of s. 943.131 until
180 certified.
181 Section 4. For the purpose of incorporating the amendment
182 made by this act to section 943.131, Florida Statutes, in a
183 reference thereto, subsection (9) of section 943.13, Florida
184 Statutes, is reenacted to read:
185 943.13 Officers’ minimum qualifications for employment or
186 appointment.—On or after October 1, 1984, any person employed or
187 appointed as a full-time, part-time, or auxiliary law
188 enforcement officer or correctional officer; on or after October
189 1, 1986, any person employed as a full-time, part-time, or
190 auxiliary correctional probation officer; and on or after
191 October 1, 1986, any person employed as a full-time, part-time,
192 or auxiliary correctional officer by a private entity under
193 contract to the Department of Corrections, to a county
194 commission, or to the Department of Management Services shall:
195 (9) Complete a commission-approved basic recruit training
196 program for the applicable criminal justice discipline, unless
197 exempt under this subsection. An applicant who has:
198 (a) Completed a comparable basic recruit training program
199 for the applicable criminal justice discipline in another state
200 or for the Federal Government; and
201 (b) Served as a full-time sworn officer in another state or
202 for the Federal Government for at least 1 year provided there is
203 no more than an 8-year break in employment, as measured from the
204 separation date of the most recent qualifying employment to the
205 time a complete application is submitted for an exemption under
206 this section,
207
208 is exempt in accordance with s. 943.131(2) from completing the
209 commission-approved basic recruit training program.
210 Section 5. For the purpose of incorporating the amendment
211 made by this act to section 943.131, Florida Statutes, in a
212 reference thereto, subsections (1) and (6) of section 943.133,
213 Florida Statutes, are reenacted to read:
214 943.133 Responsibilities of employing agency, commission,
215 and program with respect to compliance with employment
216 qualifications and the conduct of background investigations;
217 injunctive relief.—
218 (1) The employing agency is fully responsible for the
219 collection, verification, and maintenance of documentation
220 establishing that an applicant complies with the requirements of
221 ss. 943.13 and 943.131, and any rules adopted pursuant to ss.
222 943.13 and 943.131.
223 (6) If an employing agency employs or appoints an officer
224 in violation of this section or of s. 943.13, s. 943.131, or s.
225 943.135, or any rules adopted pursuant thereto, the Department
226 of Legal Affairs, at the request of the chair of the commission,
227 shall apply to the circuit court in the county of the employing
228 agency for injunctive relief prohibiting the employment or
229 appointment of the person contrary to this section.
230 Section 6. For the purpose of incorporating the amendment
231 made by this act to section 943.131, Florida Statutes, in a
232 reference thereto, subsections (3), (9), and (10) of section
233 943.1395, Florida Statutes, are reenacted to read:
234 943.1395 Certification for employment or appointment;
235 concurrent certification; reemployment or reappointment;
236 inactive status; revocation; suspension; investigation.—
237 (3) Any certified officer who has separated from employment
238 or appointment and who is not reemployed or reappointed by an
239 employing agency within 4 years after the date of separation
240 must meet the minimum qualifications described in s. 943.13,
241 except for the requirement found in s. 943.13(9). Further, such
242 officer must complete any training required by the commission by
243 rule in compliance with s. 943.131(2). Any such officer who
244 fails to comply with the requirements provided in s. 943.131(2)
245 must meet the minimum qualifications described in s. 943.13, to
246 include the requirement of s. 943.13(9).
247 (9) Each person employed pursuant to s. 943.131 is subject
248 to discipline by the commission. Persons who have been subject
249 to disciplinary action pursuant to this subsection are
250 ineligible for employment or appointment under s. 943.131.
251 (a) The commission shall cause to be investigated any
252 conduct defined in subsection (6) or subsection (7) by a person
253 employed under s. 943.131 and shall set disciplinary guidelines
254 and penalties prescribed in rules applicable to such
255 noncertified persons.
256 (b) The disciplinary guidelines and prescribed penalties
257 must be based upon the severity of specific offenses. The
258 guidelines must provide reasonable and meaningful notice to
259 officers and to the public of penalties that may be imposed for
260 prohibited conduct. The penalties must be consistently applied
261 by the commission.
262 (c) In addition, the commission may establish violations
263 and disciplinary penalties for intentional abuse of the
264 employment option provided by s. 943.131 by an individual or
265 employing agency.
266 (10) An officer whose certification has been revoked
267 pursuant to this section shall be ineligible for employment or
268 appointment under s. 943.131.
269 Section 7. This act shall take effect July 1, 2018.