Florida Senate - 2018 CS for CS for SB 470
By the Committees on Appropriations; and Military and Veterans
Affairs, Space, and Domestic Security; and Senator Stargel
576-03298-18 2018470c2
1 A bill to be entitled
2 An act relating to law enforcement and correctional
3 officers; amending s. 943.10, F.S.; defining the term
4 “special operations forces”; amending s. 943.13, F.S.;
5 authorizing a full-time, part-time, or auxiliary
6 correctional officer to be employed at 18 years of
7 age; exempting former special operations forces
8 members who meet certain requirements from the
9 Criminal Justice Standards and Training Commission
10 approved basic recruit training program; amending s.
11 943.131, F.S.; requiring an employing agency, training
12 center, or criminal justice selection center to verify
13 and document that special operations forces applicants
14 meet certain requirements if the applicants seek an
15 exemption from a basic recruit training program
16 approved by the commission; requiring the employing
17 agency, training center, or criminal justice selection
18 center to submit the documentation to the commission;
19 creating s. 944.145, F.S.; prohibiting a correctional
20 officer who is under 19 years of age from supervising
21 inmates; authorizing a correctional officer who is
22 under 19 years of age to perform all other tasks
23 performed by a full-time, part-time, or auxiliary
24 correctional officer; reenacting ss. 943.1395(3) and
25 943.17296, F.S., relating to certification for
26 employment or appointment as an officer and training
27 in identifying and investigating elder abuse and
28 neglect, respectively, to incorporate the amendment
29 made to s. 943.13, F.S., in references thereto;
30 reenacting ss. 626.989(7), 943.133(1) and (6), and
31 943.1395(3), (9), and (10), F.S., relating to
32 investigations by the Division of Investigative and
33 Forensic Services, the responsibilities of certain
34 employing entities, and certification for certain
35 employment or appointment, respectively, to
36 incorporate the amendment made to s. 943.131, F.S., in
37 references thereto; providing an effective date.
38
39 Be It Enacted by the Legislature of the State of Florida:
40
41 Section 1. Subsection (22) is added to section 943.10,
42 Florida Statutes, to read:
43 943.10 Definitions; ss. 943.085-943.255.—The following
44 words and phrases as used in ss. 943.085-943.255 are defined as
45 follows:
46 (22) “Special operations forces” means those active and
47 reserve component forces of the military services designated by
48 the Secretary of Defense and specifically organized, trained,
49 and equipped to conduct and support special operations. The term
50 includes servicemembers of the United States Army Special
51 Forces; the United States Army 75th Ranger Regiment; the United
52 States Navy SEALs and Special Warfare Combatant-Craft Crewmen;
53 the United States Air Force Combat Control, Pararescue, and
54 Tactical Air Control Party specialists; the United States Marine
55 Corps Critical Skills Operators; and any other component of the
56 United States Special Operations Command approved by the
57 commission.
58 Section 2. Subsections (1) and (9) of section 943.13,
59 Florida Statutes, are amended to read:
60 943.13 Officers’ minimum qualifications for employment or
61 appointment.—On or after October 1, 1984, any person employed or
62 appointed as a full-time, part-time, or auxiliary law
63 enforcement officer or correctional officer; on or after October
64 1, 1986, any person employed as a full-time, part-time, or
65 auxiliary correctional probation officer; and on or after
66 October 1, 1986, any person employed as a full-time, part-time,
67 or auxiliary correctional officer by a private entity under
68 contract to the Department of Corrections, to a county
69 commission, or to the Department of Management Services shall:
70 (1) Be at least 19 years of age, except that any person
71 employed as a full-time, part-time, or auxiliary correctional
72 officer may be at least 18 years of age.
73 (9) Complete a commission-approved basic recruit training
74 program for the applicable criminal justice discipline, unless
75 exempt under this subsection. An applicant who has:
76 (a)1. Completed a comparable basic recruit training program
77 for the applicable criminal justice discipline in another state
78 or for the Federal Government; and
79 2.(b) Served as a full-time sworn officer in another state
80 or for the Federal Government for at least 1 year provided there
81 is no more than an 8-year break in employment, as measured from
82 the separation date of the most recent qualifying employment to
83 the time a complete application is submitted for an exemption
84 under this section; or,
85 (b) Successfully completed a special operations forces
86 training course, served in the special operations forces for a
87 minimum of 5 years, and no more than 4 years have passed from
88 the last date of service in the special operations forces to the
89 date that a complete application is submitted for an exemption
90 under this subsection,
91
92 is exempt in accordance with s. 943.131(2) from completing a the
93 commission-approved basic recruit training program.
94 Section 3. Subsection (2) of section 943.131, Florida
95 Statutes, is amended, and paragraph (a) of subsection (1) of
96 that section is republished, to read:
97 943.131 Temporary employment or appointment; minimum basic
98 recruit training exemptions exemption.—
99 (1)(a) An employing agency may temporarily employ or
100 appoint a person who complies with the qualifications for
101 employment in s. 943.13(1)-(8), but has not fulfilled the
102 requirements of s. 943.13(9) and (10), if a critical need exists
103 to employ or appoint the person and such person is or will be
104 enrolled in the next approved basic recruit training program
105 available in the geographic area or that no assigned state
106 training program for state officers is available within a
107 reasonable time. The employing agency must maintain
108 documentation which demonstrates that a critical need exists to
109 employ a person pursuant to this section. Prior to the
110 employment or appointment of any person other than a
111 correctional probation officer under this subsection, the person
112 shall comply with the firearms provisions established pursuant
113 to s. 943.17(1)(a). Any person temporarily employed or appointed
114 as an officer under this subsection must attend the first
115 training program offered in the geographic area, or the first
116 assigned state training program for a state officer, subsequent
117 to his or her employment or appointment. A person temporarily
118 employed or appointed as an officer under this subsection must
119 begin basic recruit training within 180 consecutive days after
120 employment. Such person must fulfill the requirements of s.
121 943.13(9) within 18 months after beginning basic recruit
122 training and must fulfill the certification examination
123 requirements of s. 943.13(10) within 180 consecutive days after
124 completing basic recruit training. A person hired after he or
125 she has commenced basic recruit training or after completion of
126 basic recruit training must fulfill the certification
127 examination requirements of s. 943.13(10) within 180 consecutive
128 days after completion of basic recruit training or the
129 commencement of employment, whichever occurs later.
130 (2) If an applicant seeks an exemption from completing a
131 commission-approved basic recruit training program, the
132 employing agency, training center, or criminal justice selection
133 center must do one of the following, as appropriate:
134 (a) Verify and document that the applicant has successfully
135 completed a comparable basic recruit training program for the
136 discipline in which the applicant is seeking certification in
137 another state or for the Federal Government or a previous
138 Florida basic recruit training program. Further, the employing
139 agency, training center, or criminal justice selection center
140 must verify and document that the applicant has served as a
141 full-time sworn officer in another state or for the Federal
142 Government for at least 1 year provided there is no more than an
143 8-year break in employment or was a previously certified Florida
144 officer provided there is no more than an 8-year break in
145 employment, as measured from the separation date of the most
146 recent qualifying employment to the time a complete application
147 is submitted for an exemption under this section. When The
148 employing agency, training center, or criminal justice selection
149 center shall submit obtains written documentation of
150 satisfaction of this requirement to the commission regarding the
151 applicant’s criminal justice experience, the documentation must
152 be submitted to the commission. The commission shall adopt rules
153 that establish criteria and procedures to determine if the
154 applicant is exempt from completing the commission-approved
155 basic recruit training program and, upon making a determination,
156 shall notify the employing agency or criminal justice selection
157 center. An applicant who is exempt from completing the
158 commission-approved basic recruit training program must
159 demonstrate proficiency in the high-liability areas, as defined
160 by commission rule, and must complete the requirements of s.
161 943.13(10) within 1 year after receiving an exemption. If the
162 proficiencies and requirements of s. 943.13(10) are not met
163 within the 1 year, the applicant must seek an additional
164 exemption pursuant to the requirements of this subsection.
165 Except as provided in subsection (1), before the employing
166 agency may employ or appoint the applicant as an officer, the
167 applicant must meet the minimum qualifications described in s.
168 943.13(1)-(8), and must fulfill the requirements of s.
169 943.13(10).
170 (b) Verify and document that the applicant has successfully
171 completed a special operations forces training course and served
172 in the special operations forces for a minimum of 5 years.
173 Further, the employing agency, training center, or criminal
174 justice selection center must verify and document that no more
175 than 4 years have passed from the last date of service in the
176 special operations forces to the time a complete application is
177 submitted for an exemption under this section. The employing
178 agency, training center, or criminal justice selection center
179 shall submit documentation of satisfaction of these requirements
180 to the commission.
181
182 The commission shall adopt rules that establish criteria and
183 procedures to determine if the applicant is exempt from
184 completing the commission-approved basic recruit training
185 program and, upon making a determination, shall notify the
186 employing agency, training center, or criminal justice selection
187 center, as appropriate. An applicant who is exempt under this
188 subsection must complete training required by the commission and
189 demonstrate proficiency in the high-liability areas as defined
190 by commission rule and complete the requirements of s.
191 943.13(10) within 1 year after receiving an exemption.
192 If the proficiencies and requirements of s. 943.13(10) are not
193 met within the 1-year period, the applicant must seek an
194 additional exemption pursuant to the requirements of this
195 subsection. Except as provided in subsection (1), before the
196 employing agency may employ or appoint the applicant as an
197 officer, the applicant must meet the minimum qualifications
198 described in s. 943.13(1)-(8), and must fulfill the requirements
199 of s. 943.13(10).
200 Section 4. Section 944.145, Florida Statutes, is created to
201 read:
202 944.145 Correctional officers under the age of 19.—A
203 correctional officer who is under the age of 19 years may not
204 supervise inmates, but may perform all of the other duties
205 performed by a full-time, part-time, or auxiliary correctional
206 officer.
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, subsection (3) of section 943.1395, Florida
210 Statutes, is reenacted to read:
211 943.1395 Certification for employment or appointment;
212 concurrent certification; reemployment or reappointment;
213 inactive status; revocation; suspension; investigation.—
214 (3) Any certified officer who has separated from employment
215 or appointment and who is not reemployed or reappointed by an
216 employing agency within 4 years after the date of separation
217 must meet the minimum qualifications described in s. 943.13,
218 except for the requirement found in s. 943.13(9). Further, such
219 officer must complete any training required by the commission by
220 rule in compliance with s. 943.131(2). Any such officer who
221 fails to comply with the requirements provided in s. 943.131(2)
222 must meet the minimum qualifications described in s. 943.13, to
223 include the requirement of s. 943.13(9).
224 Section 6. For the purpose of incorporating the amendment
225 made by this act to section 943.13, Florida Statutes, in a
226 reference thereto, section 943.17296, Florida Statutes, is
227 reenacted to read:
228 943.17296 Training in identifying and investigating elder
229 abuse and neglect.—Each certified law enforcement officer must
230 successfully complete training on identifying and investigating
231 elder abuse and neglect as a part of the basic recruit training
232 of the officer required in s. 943.13(9) or continuing education
233 under s. 943.135(1) before June 30, 2011. The training shall be
234 developed in consultation with the Department of Elderly Affairs
235 and the Department of Children and Families and must incorporate
236 instruction on the identification of and appropriate responses
237 for persons suffering from dementia and on identifying and
238 investigating elder abuse and neglect. If an officer fails to
239 complete the required training, his or her certification is
240 inactive until the employing agency notifies the commission that
241 the officer has completed the training.
242 Section 7. For the purpose of incorporating the amendment
243 made by this act to section 943.131, Florida Statutes, in a
244 reference thereto, subsection (7) of section 626.989, Florida
245 Statutes, is reenacted to read:
246 626.989 Investigation by department or Division of
247 Investigative and Forensic Services; compliance; immunity;
248 confidential information; reports to division; division
249 investigator’s power of arrest.—
250 (7) Division investigators shall have the power to make
251 arrests for criminal violations established as a result of
252 investigations. Such investigators shall also be considered
253 state law enforcement officers for all purposes and shall have
254 the power to execute arrest warrants and search warrants; to
255 serve subpoenas issued for the examination, investigation, and
256 trial of all offenses; and to arrest upon probable cause without
257 warrant any person found in the act of violating any of the
258 provisions of applicable laws. Investigators empowered to make
259 arrests under this section shall be empowered to bear arms in
260 the performance of their duties. In such a situation, the
261 investigator must be certified in compliance with the provisions
262 of s. 943.1395 or must meet the temporary employment or
263 appointment exemption requirements of s. 943.131 until
264 certified.
265 Section 8. For the purpose of incorporating the amendment
266 made by this act to section 943.131, Florida Statutes, in
267 references thereto, subsections (1) and (6) of section 943.133,
268 Florida Statutes, are reenacted to read:
269 943.133 Responsibilities of employing agency, commission,
270 and program with respect to compliance with employment
271 qualifications and the conduct of background investigations;
272 injunctive relief.—
273 (1) The employing agency is fully responsible for the
274 collection, verification, and maintenance of documentation
275 establishing that an applicant complies with the requirements of
276 ss. 943.13 and 943.131, and any rules adopted pursuant to ss.
277 943.13 and 943.131.
278 (6) If an employing agency employs or appoints an officer
279 in violation of this section or of s. 943.13, s. 943.131, or s.
280 943.135, or any rules adopted pursuant thereto, the Department
281 of Legal Affairs, at the request of the chair of the commission,
282 shall apply to the circuit court in the county of the employing
283 agency for injunctive relief prohibiting the employment or
284 appointment of the person contrary to this section.
285 Section 9. For the purpose of incorporating the amendment
286 made by this act to section 943.131, Florida Statutes, in
287 references thereto, subsections (3), (9), and (10) of section
288 943.1395, Florida Statutes, are reenacted to read:
289 943.1395 Certification for employment or appointment;
290 concurrent certification; reemployment or reappointment;
291 inactive status; revocation; suspension; investigation.—
292 (3) Any certified officer who has separated from employment
293 or appointment and who is not reemployed or reappointed by an
294 employing agency within 4 years after the date of separation
295 must meet the minimum qualifications described in s. 943.13,
296 except for the requirement found in s. 943.13(9). Further, such
297 officer must complete any training required by the commission by
298 rule in compliance with s. 943.131(2). Any such officer who
299 fails to comply with the requirements provided in s. 943.131(2)
300 must meet the minimum qualifications described in s. 943.13, to
301 include the requirement of s. 943.13(9).
302 (9) Each person employed pursuant to s. 943.131 is subject
303 to discipline by the commission. Persons who have been subject
304 to disciplinary action pursuant to this subsection are
305 ineligible for employment or appointment under s. 943.131.
306 (a) The commission shall cause to be investigated any
307 conduct defined in subsection (6) or subsection (7) by a person
308 employed under s. 943.131 and shall set disciplinary guidelines
309 and penalties prescribed in rules applicable to such
310 noncertified persons.
311 (b) The disciplinary guidelines and prescribed penalties
312 must be based upon the severity of specific offenses. The
313 guidelines must provide reasonable and meaningful notice to
314 officers and to the public of penalties that may be imposed for
315 prohibited conduct. The penalties must be consistently applied
316 by the commission.
317 (c) In addition, the commission may establish violations
318 and disciplinary penalties for intentional abuse of the
319 employment option provided by s. 943.131 by an individual or
320 employing agency.
321 (10) An officer whose certification has been revoked
322 pursuant to this section shall be ineligible for employment or
323 appointment under s. 943.131.
324 Section 10. This act shall take effect July 1, 2018.