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.