Florida Senate - 2018                              CS for SB 470
       
       
        
       By the Committee on Military and Veterans Affairs, Space, and
       Domestic Security; and Senator Stargel
       
       
       
       
       583-02202-18                                           2018470c1
    1                        A bill to be entitled                      
    2         An act relating to minimum basic recruit training
    3         exemptions; amending s. 943.10, F.S.; defining the
    4         term “special operations forces”; amending s. 943.13,
    5         F.S.; exempting former special operations forces
    6         members who meet certain requirements from the
    7         Criminal Justice Standards and Training Commission
    8         approved basic recruit training program; amending s.
    9         943.131, F.S.; requiring an employing agency, training
   10         center, or criminal justice selection center to verify
   11         and document that special operations forces applicants
   12         meet certain requirements if the applicants seek an
   13         exemption from a basic recruit training program
   14         approved by the commission; requiring the employing
   15         agency, training center, or criminal justice selection
   16         center to submit the documentation to the commission;
   17         reenacting ss. 943.1395(3) and 943.17296, F.S.,
   18         relating to certification for employment or
   19         appointment as an officer and training in identifying
   20         and investigating elder abuse and neglect,
   21         respectively, to incorporate the amendment made to s.
   22         943.13, F.S., in references thereto; reenacting ss.
   23         626.989(7), 943.133(1) and (6), and 943.1395(3), (9),
   24         and (10), F.S., relating to investigations by the
   25         Division of Investigative and Forensic Services, the
   26         responsibilities of certain employing entities, and
   27         certification for certain employment or appointment,
   28         respectively, to incorporate the amendment made to s.
   29         943.131, F.S., in references thereto; providing an
   30         effective date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Subsection (22) is added to section 943.10,
   35  Florida Statutes, to read:
   36         943.10 Definitions; ss. 943.085-943.255.—The following
   37  words and phrases as used in ss. 943.085-943.255 are defined as
   38  follows:
   39         (22)“Special operations forces” means those active and
   40  reserve component forces of the military services designated by
   41  the Secretary of Defense and specifically organized, trained,
   42  and equipped to conduct and support special operations. The term
   43  includes servicemembers of the United States Army Special
   44  Forces; the United States Army 75th Ranger Regiment; the United
   45  States Navy SEALs and Special Warfare Combatant-Craft Crewmen;
   46  the United States Air Force Combat Control, Pararescue, and
   47  Tactical Air Control Party specialists; the United States Marine
   48  Corps Critical Skills Operators; and any other component of the
   49  United States Special Operations Command approved by the
   50  commission.
   51         Section 2. Subsection (9) of section 943.13, Florida
   52  Statutes, is amended to read:
   53         943.13 Officers’ minimum qualifications for employment or
   54  appointment.—On or after October 1, 1984, any person employed or
   55  appointed as a full-time, part-time, or auxiliary law
   56  enforcement officer or correctional officer; on or after October
   57  1, 1986, any person employed as a full-time, part-time, or
   58  auxiliary correctional probation officer; and on or after
   59  October 1, 1986, any person employed as a full-time, part-time,
   60  or auxiliary correctional officer by a private entity under
   61  contract to the Department of Corrections, to a county
   62  commission, or to the Department of Management Services shall:
   63         (9) Complete a commission-approved basic recruit training
   64  program for the applicable criminal justice discipline, unless
   65  exempt under this subsection. An applicant who has:
   66         (a)1. Completed a comparable basic recruit training program
   67  for the applicable criminal justice discipline in another state
   68  or for the Federal Government; and
   69         2.(b) Served as a full-time sworn officer in another state
   70  or for the Federal Government for at least 1 year provided there
   71  is no more than an 8-year break in employment, as measured from
   72  the separation date of the most recent qualifying employment to
   73  the time a complete application is submitted for an exemption
   74  under this section; or,
   75         (b) Successfully completed a special operations forces
   76  training course, served in the special operations forces for a
   77  minimum of 5 years, and no more than 4 years have passed from
   78  the last date of service in the special operations forces to the
   79  date that a complete application is submitted for an exemption
   80  under this subsection,
   81  
   82  is exempt in accordance with s. 943.131(2) from completing a the
   83  commission-approved basic recruit training program.
   84         Section 3. Subsection (2) of section 943.131, Florida
   85  Statutes, is amended, and paragraph (a) of subsection (1) of
   86  that section is republished, to read:
   87         943.131 Temporary employment or appointment; minimum basic
   88  recruit training exemptions exemption.—
   89         (1)(a) An employing agency may temporarily employ or
   90  appoint a person who complies with the qualifications for
   91  employment in s. 943.13(1)-(8), but has not fulfilled the
   92  requirements of s. 943.13(9) and (10), if a critical need exists
   93  to employ or appoint the person and such person is or will be
   94  enrolled in the next approved basic recruit training program
   95  available in the geographic area or that no assigned state
   96  training program for state officers is available within a
   97  reasonable time. The employing agency must maintain
   98  documentation which demonstrates that a critical need exists to
   99  employ a person pursuant to this section. Prior to the
  100  employment or appointment of any person other than a
  101  correctional probation officer under this subsection, the person
  102  shall comply with the firearms provisions established pursuant
  103  to s. 943.17(1)(a). Any person temporarily employed or appointed
  104  as an officer under this subsection must attend the first
  105  training program offered in the geographic area, or the first
  106  assigned state training program for a state officer, subsequent
  107  to his or her employment or appointment. A person temporarily
  108  employed or appointed as an officer under this subsection must
  109  begin basic recruit training within 180 consecutive days after
  110  employment. Such person must fulfill the requirements of s.
  111  943.13(9) within 18 months after beginning basic recruit
  112  training and must fulfill the certification examination
  113  requirements of s. 943.13(10) within 180 consecutive days after
  114  completing basic recruit training. A person hired after he or
  115  she has commenced basic recruit training or after completion of
  116  basic recruit training must fulfill the certification
  117  examination requirements of s. 943.13(10) within 180 consecutive
  118  days after completion of basic recruit training or the
  119  commencement of employment, whichever occurs later.
  120         (2) If an applicant seeks an exemption from completing a
  121  commission-approved basic recruit training program, the
  122  employing agency, training center, or criminal justice selection
  123  center must do one of the following, as appropriate:
  124         (a) Verify and document that the applicant has successfully
  125  completed a comparable basic recruit training program for the
  126  discipline in which the applicant is seeking certification in
  127  another state or for the Federal Government or a previous
  128  Florida basic recruit training program. Further, the employing
  129  agency, training center, or criminal justice selection center
  130  must verify and document that the applicant has served as a
  131  full-time sworn officer in another state or for the Federal
  132  Government for at least 1 year provided there is no more than an
  133  8-year break in employment or was a previously certified Florida
  134  officer provided there is no more than an 8-year break in
  135  employment, as measured from the separation date of the most
  136  recent qualifying employment to the time a complete application
  137  is submitted for an exemption under this section. When The
  138  employing agency, training center, or criminal justice selection
  139  center shall submit obtains written documentation of
  140  satisfaction of this requirement to the commission regarding the
  141  applicant’s criminal justice experience, the documentation must
  142  be submitted to the commission. The commission shall adopt rules
  143  that establish criteria and procedures to determine if the
  144  applicant is exempt from completing the commission-approved
  145  basic recruit training program and, upon making a determination,
  146  shall notify the employing agency or criminal justice selection
  147  center. An applicant who is exempt from completing the
  148  commission-approved basic recruit training program must
  149  demonstrate proficiency in the high-liability areas, as defined
  150  by commission rule, and must complete the requirements of s.
  151  943.13(10) within 1 year after receiving an exemption. If the
  152  proficiencies and requirements of s. 943.13(10) are not met
  153  within the 1 year, the applicant must seek an additional
  154  exemption pursuant to the requirements of this subsection.
  155  Except as provided in subsection (1), before the employing
  156  agency may employ or appoint the applicant as an officer, the
  157  applicant must meet the minimum qualifications described in s.
  158  943.13(1)-(8), and must fulfill the requirements of s.
  159  943.13(10).
  160         (b)Verify and document that the applicant has successfully
  161  completed a special operations forces training course and served
  162  in the special operations forces for a minimum of 5 years.
  163  Further, the employing agency, training center, or criminal
  164  justice selection center must verify and document that no more
  165  than 4 years have passed from the last date of service in the
  166  special operations forces to the time a complete application is
  167  submitted for an exemption under this section. The employing
  168  agency, training center, or criminal justice selection center
  169  shall submit documentation of satisfaction of these requirements
  170  to the commission.
  171  
  172  The commission shall adopt rules that establish criteria and
  173  procedures to determine if the applicant is exempt from
  174  completing the commission-approved basic recruit training
  175  program and, upon making a determination, shall notify the
  176  employing agency, training center, or criminal justice selection
  177  center, as appropriate. An applicant who is exempt under this
  178  subsection must complete training required by the commission and
  179  demonstrate proficiency in the high-liability areas as defined
  180  by commission rule and complete the requirements of s.
  181  943.13(10) within 1 year after receiving an exemption.
  182  If the proficiencies and requirements of s. 943.13(10) are not
  183  met within the 1-year period, the applicant must seek an
  184  additional exemption pursuant to the requirements of this
  185  subsection. Except as provided in subsection (1), before the
  186  employing agency may employ or appoint the applicant as an
  187  officer, the applicant must meet the minimum qualifications
  188  described in s. 943.13(1)-(8), and must fulfill the requirements
  189  of s. 943.13(10).
  190         Section 4. For the purpose of incorporating the amendment
  191  made by this act to section 943.13, Florida Statutes, in a
  192  reference thereto, subsection (3) of section 943.1395, Florida
  193  Statutes, is reenacted to read:
  194         943.1395 Certification for employment or appointment;
  195  concurrent certification; reemployment or reappointment;
  196  inactive status; revocation; suspension; investigation.—
  197         (3) Any certified officer who has separated from employment
  198  or appointment and who is not reemployed or reappointed by an
  199  employing agency within 4 years after the date of separation
  200  must meet the minimum qualifications described in s. 943.13,
  201  except for the requirement found in s. 943.13(9). Further, such
  202  officer must complete any training required by the commission by
  203  rule in compliance with s. 943.131(2). Any such officer who
  204  fails to comply with the requirements provided in s. 943.131(2)
  205  must meet the minimum qualifications described in s. 943.13, to
  206  include the requirement of s. 943.13(9).
  207         Section 5. For the purpose of incorporating the amendment
  208  made by this act to section 943.13, Florida Statutes, in a
  209  reference thereto, section 943.17296, Florida Statutes, is
  210  reenacted to read:
  211         943.17296 Training in identifying and investigating elder
  212  abuse and neglect.—Each certified law enforcement officer must
  213  successfully complete training on identifying and investigating
  214  elder abuse and neglect as a part of the basic recruit training
  215  of the officer required in s. 943.13(9) or continuing education
  216  under s. 943.135(1) before June 30, 2011. The training shall be
  217  developed in consultation with the Department of Elderly Affairs
  218  and the Department of Children and Families and must incorporate
  219  instruction on the identification of and appropriate responses
  220  for persons suffering from dementia and on identifying and
  221  investigating elder abuse and neglect. If an officer fails to
  222  complete the required training, his or her certification is
  223  inactive until the employing agency notifies the commission that
  224  the officer has completed the training.
  225         Section 6. For the purpose of incorporating the amendment
  226  made by this act to section 943.131, Florida Statutes, in a
  227  reference thereto, subsection (7) of section 626.989, Florida
  228  Statutes, is reenacted to read:
  229         626.989 Investigation by department or Division of
  230  Investigative and Forensic Services; compliance; immunity;
  231  confidential information; reports to division; division
  232  investigator’s power of arrest.—
  233         (7) Division investigators shall have the power to make
  234  arrests for criminal violations established as a result of
  235  investigations. Such investigators shall also be considered
  236  state law enforcement officers for all purposes and shall have
  237  the power to execute arrest warrants and search warrants; to
  238  serve subpoenas issued for the examination, investigation, and
  239  trial of all offenses; and to arrest upon probable cause without
  240  warrant any person found in the act of violating any of the
  241  provisions of applicable laws. Investigators empowered to make
  242  arrests under this section shall be empowered to bear arms in
  243  the performance of their duties. In such a situation, the
  244  investigator must be certified in compliance with the provisions
  245  of s. 943.1395 or must meet the temporary employment or
  246  appointment exemption requirements of s. 943.131 until
  247  certified.
  248         Section 7. For the purpose of incorporating the amendment
  249  made by this act to section 943.131, Florida Statutes, in
  250  references thereto, subsections (1) and (6) of section 943.133,
  251  Florida Statutes, are reenacted to read:
  252         943.133 Responsibilities of employing agency, commission,
  253  and program with respect to compliance with employment
  254  qualifications and the conduct of background investigations;
  255  injunctive relief.—
  256         (1) The employing agency is fully responsible for the
  257  collection, verification, and maintenance of documentation
  258  establishing that an applicant complies with the requirements of
  259  ss. 943.13 and 943.131, and any rules adopted pursuant to ss.
  260  943.13 and 943.131.
  261         (6) If an employing agency employs or appoints an officer
  262  in violation of this section or of s. 943.13, s. 943.131, or s.
  263  943.135, or any rules adopted pursuant thereto, the Department
  264  of Legal Affairs, at the request of the chair of the commission,
  265  shall apply to the circuit court in the county of the employing
  266  agency for injunctive relief prohibiting the employment or
  267  appointment of the person contrary to this section.
  268         Section 8. For the purpose of incorporating the amendment
  269  made by this act to section 943.131, Florida Statutes, in
  270  references thereto, subsections (3), (9), and (10) of section
  271  943.1395, Florida Statutes, are reenacted to read:
  272         943.1395 Certification for employment or appointment;
  273  concurrent certification; reemployment or reappointment;
  274  inactive status; revocation; suspension; investigation.—
  275         (3) Any certified officer who has separated from employment
  276  or appointment and who is not reemployed or reappointed by an
  277  employing agency within 4 years after the date of separation
  278  must meet the minimum qualifications described in s. 943.13,
  279  except for the requirement found in s. 943.13(9). Further, such
  280  officer must complete any training required by the commission by
  281  rule in compliance with s. 943.131(2). Any such officer who
  282  fails to comply with the requirements provided in s. 943.131(2)
  283  must meet the minimum qualifications described in s. 943.13, to
  284  include the requirement of s. 943.13(9).
  285         (9) Each person employed pursuant to s. 943.131 is subject
  286  to discipline by the commission. Persons who have been subject
  287  to disciplinary action pursuant to this subsection are
  288  ineligible for employment or appointment under s. 943.131.
  289         (a) The commission shall cause to be investigated any
  290  conduct defined in subsection (6) or subsection (7) by a person
  291  employed under s. 943.131 and shall set disciplinary guidelines
  292  and penalties prescribed in rules applicable to such
  293  noncertified persons.
  294         (b) The disciplinary guidelines and prescribed penalties
  295  must be based upon the severity of specific offenses. The
  296  guidelines must provide reasonable and meaningful notice to
  297  officers and to the public of penalties that may be imposed for
  298  prohibited conduct. The penalties must be consistently applied
  299  by the commission.
  300         (c) In addition, the commission may establish violations
  301  and disciplinary penalties for intentional abuse of the
  302  employment option provided by s. 943.131 by an individual or
  303  employing agency.
  304         (10) An officer whose certification has been revoked
  305  pursuant to this section shall be ineligible for employment or
  306  appointment under s. 943.131.
  307         Section 9. This act shall take effect July 1, 2018.