Florida Senate - 2019 (PROPOSED BILL) SPB 7046 FOR CONSIDERATION By the Committee on Criminal Justice 591-02294-19 20197046pb 1 A bill to be entitled 2 An act relating to critical infrastructure facilities 3 and staff; amending s. 330.41, F.S.; redefining the 4 term “critical infrastructure facility”; reenacting 5 and amending s. 943.13, F.S.; requiring any person 6 employed as a full-time, a part-time, or an auxiliary 7 correctional officer be at least 18 years of age; 8 reenacting ss. 943.131(1)(a) and (c) and (4), 9 943.133(1) and (6), 943.137(1), 943.139(2), 10 943.1395(1), (2), and (3), 943.14(7), 943.17(4), 11 943.253, 944.105(7), 944.714(2), 945.035(3), 12 948.01(1)(a), 951.063, and 985.644(3)(b), F.S., all 13 relating to employment qualifications or requirements 14 for certain officers, to incorporate the amendment 15 made to s. 943.13, F.S., in references thereto; 16 providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Paragraph (a) of subsection (2) of section 21 330.41, Florida Statutes, is amended, and subsection (4) of that 22 section is republished, to read: 23 330.41 Unmanned Aircraft Systems Act.— 24 (2) DEFINITIONS.—As used in this act, the term: 25 (a) “Critical infrastructure facility” means any of the 26 following, if completely enclosed by a fence or other physical 27 barrier that is obviously designed to exclude intruders, or if 28 clearly marked with a sign or signs which indicate that entry is 29 forbidden and which are posted on the property in a manner 30 reasonably likely to come to the attention of intruders: 31 1. An electrical power generation or transmission facility, 32 substation, switching station, or electrical control center. 33 2. A chemical or rubber manufacturing or storage facility. 34 3. A mining facility. 35 4. A natural gas or compressed gas compressor station, 36 storage facility, or natural gas or compressed gas pipeline. 37 5. A liquid natural gas or propane gas terminal or storage 38 facility with a capacity of 4,000 gallons or more. 39 6. Any portion of an aboveground oil or gas pipeline. 40 7. A wireless communications facility, including the tower, 41 antennae, support structures, and all associated ground-based 42 equipment. 43 8. A state correctional institution as defined in s. 944.02 44 or a private correctional facility authorized under chapter 957. 45 9. A secure detention center or facility as defined in s. 46 985.03(45) or a nonsecure residential facility, a high-risk 47 residential facility, or a maximum-risk residential facility, as 48 those terms are described in s. 985.03(44). 49 (4) PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES.— 50 (a) A person may not knowingly or willfully: 51 1. Operate a drone over a critical infrastructure facility; 52 2. Allow a drone to make contact with a critical 53 infrastructure facility, including any person or object on the 54 premises of or within the facility; or 55 3. Allow a drone to come within a distance of a critical 56 infrastructure facility that is close enough to interfere with 57 the operations of or cause a disturbance to the facility. 58 (b) A person who violates paragraph (a) commits a 59 misdemeanor of the second degree, punishable as provided in s. 60 775.082 or s. 775.083. A person who commits a second or 61 subsequent violation commits a misdemeanor of the first degree, 62 punishable as provided in s. 775.082 or s. 775.083. 63 (c) This subsection does not apply to actions identified in 64 paragraph (a) which are committed by: 65 1. A federal, state, or other governmental entity, or a 66 person under contract or otherwise acting under the direction of 67 a federal, state, or other governmental entity. 68 2. A law enforcement agency that is in compliance with s. 69 934.50, or a person under contract with or otherwise acting 70 under the direction of such law enforcement agency. 71 3. An owner, operator, or occupant of the critical 72 infrastructure facility, or a person who has prior written 73 consent of such owner, operator, or occupant. 74 (d) Subparagraph (a)1. does not apply to a drone operating 75 in transit for commercial purposes in compliance with Federal 76 Aviation Administration regulations, authorizations, or 77 exemptions. 78 (e) This subsection shall sunset 60 days after the date 79 that a process pursuant to s. 2209 of the FAA Extension, Safety 80 and Security Act of 2016 becomes effective. 81 Section 2. Subsection (1) of section 943.13, Florida 82 Statutes, is amended, and subsection (8) is reenacted, to read: 83 943.13 Officers’ minimum qualifications for employment or 84 appointment.—On or after October 1, 1984, any person employed or 85 appointed as a full-time, part-time, or auxiliary law 86 enforcement officer or correctional officer; on or after October 87 1, 1986, any person employed as a full-time, part-time, or 88 auxiliary correctional probation officer; and on or after 89 October 1, 1986, any person employed as a full-time, part-time, 90 or auxiliary correctional officer by a private entity under 91 contract to the Department of Corrections, to a county 92 commission, or to the Department of Management Services shall: 93 (1) Be at least 19 years of age, except that any person 94 employed as a full-time, a part-time, or an auxiliary 95 correctional officer must be at least 18 years of age. 96 (8) Execute and submit to the employing agency or, if a 97 private correctional officer, submit to the appropriate 98 governmental entity an affidavit-of-applicant form, adopted by 99 the commission, attesting to his or her compliance with 100 subsections (1)-(7). The affidavit shall be executed under oath 101 and constitutes an official statement within the purview of s. 102 837.06. The affidavit shall include conspicuous language that 103 the intentional false execution of the affidavit constitutes a 104 misdemeanor of the second degree. The affidavit shall be 105 retained by the employing agency. 106 Section 3. For the purpose of incorporating the amendment 107 made by this act to section 943.13, Florida Statutes, in 108 references thereto, paragraphs (a) and (c) of subsection (1) and 109 subsection (4) of section 943.131, Florida Statutes, are 110 reenacted to read: 111 943.131 Temporary employment or appointment; minimum basic 112 recruit training exemptions.— 113 (1)(a) An employing agency may temporarily employ or 114 appoint a person who complies with the qualifications for 115 employment in s. 943.13(1)-(8), but has not fulfilled the 116 requirements of s. 943.13(9) and (10), if a critical need exists 117 to employ or appoint the person and such person is or will be 118 enrolled in the next approved basic recruit training program 119 available in the geographic area or that no assigned state 120 training program for state officers is available within a 121 reasonable time. The employing agency must maintain 122 documentation which demonstrates that a critical need exists to 123 employ a person pursuant to this section. Prior to the 124 employment or appointment of any person other than a 125 correctional probation officer under this subsection, the person 126 shall comply with the firearms provisions established pursuant 127 to s. 943.17(1)(a). Any person temporarily employed or appointed 128 as an officer under this subsection must attend the first 129 training program offered in the geographic area, or the first 130 assigned state training program for a state officer, subsequent 131 to his or her employment or appointment. A person temporarily 132 employed or appointed as an officer under this subsection must 133 begin basic recruit training within 180 consecutive days after 134 employment. Such person must fulfill the requirements of s. 135 943.13(9) within 18 months after beginning basic recruit 136 training and must fulfill the certification examination 137 requirements of s. 943.13(10) within 180 consecutive days after 138 completing basic recruit training. A person hired after he or 139 she has commenced basic recruit training or after completion of 140 basic recruit training must fulfill the certification 141 examination requirements of s. 943.13(10) within 180 consecutive 142 days after completion of basic recruit training or the 143 commencement of employment, whichever occurs later. 144 (c) No person temporarily employed or appointed under the 145 provisions of this subsection may perform the duties of an 146 officer unless he or she is adequately supervised by another 147 officer of the same discipline. The supervising officer must be 148 in full compliance with the provisions of s. 943.13 and must be 149 employed or appointed by the employing agency. 150 (4) Within 1 year after receiving an exemption, an 151 applicant who is exempt from completing the commission-approved 152 basic recruit training program must: 153 (a) Complete all additional required training as required 154 by the commission. 155 (b) Demonstrate proficiency in the high-liability areas as 156 defined by commission rule. 157 (c) Complete the requirements of s. 943.13(10). 158 159 If the proficiencies and requirements of s. 943.13(10) are not 160 met within the 1-year period, the applicant must seek an 161 additional exemption as provided in this subsection. Except as 162 provided in subsection (1), before the employing agency may 163 employ or appoint the applicant as an officer, the applicant 164 must meet the minimum qualifications described in s. 943.13(1) 165 (8) and must fulfill the requirements of s. 943.13(10). 166 Section 4. For the purpose of incorporating the amendment 167 made by this act to section 943.13, Florida Statutes, in 168 references thereto, subsections (1) and (6) of section 943.133, 169 Florida Statutes, are reenacted to read: 170 943.133 Responsibilities of employing agency, commission, 171 and program with respect to compliance with employment 172 qualifications and the conduct of background investigations; 173 injunctive relief.— 174 (1) The employing agency is fully responsible for the 175 collection, verification, and maintenance of documentation 176 establishing that an applicant complies with the requirements of 177 ss. 943.13 and 943.131, and any rules adopted pursuant to ss. 178 943.13 and 943.131. 179 (6) If an employing agency employs or appoints an officer 180 in violation of this section or of s. 943.13, s. 943.131, or s. 181 943.135, or any rules adopted pursuant thereto, the Department 182 of Legal Affairs, at the request of the chair of the commission, 183 shall apply to the circuit court in the county of the employing 184 agency for injunctive relief prohibiting the employment or 185 appointment of the person contrary to this section. 186 Section 5. For the purpose of incorporating the amendment 187 made by this act to section 943.13, Florida Statutes, in a 188 reference thereto, subsection (1) of section 943.137, Florida 189 Statutes, is reenacted to read: 190 943.137 Establishment of qualifications and standards above 191 the minimum.— 192 (1) Nothing herein may be construed to preclude an 193 employing agency from establishing qualifications and standards 194 for employment, appointment, training, or promotion of officers 195 that exceed the minimum requirements set by ss. 943.13 and 196 943.17, including establishing tobacco-use standards. 197 Section 6. For the purpose of incorporating the amendment 198 made by this act to section 943.13, Florida Statutes, in a 199 reference thereto, subsection (2) of section 943.139, Florida 200 Statutes, is reenacted to read: 201 943.139 Notice of employment, appointment, or separation; 202 response by the officer; duty of commission.— 203 (2) In a case of separation from employment or appointment, 204 the employing agency shall execute and maintain an affidavit-of 205 separation form adopted by the commission, setting forth in 206 detail the facts and reasons for such separation. The 207 information contained in the affidavit-of-separation form must 208 be submitted, or electronically transmitted, to the commission. 209 If the officer is separated for his or her failure to comply 210 with s. 943.13, the notice must so specify. The affidavit must 211 be executed under oath and constitutes an official statement 212 within the purview of s. 837.06. The affidavit must include 213 conspicuous language that intentional false execution of the 214 affidavit constitutes a misdemeanor of the second degree. Any 215 officer who has separated from employment or appointment must be 216 permitted to respond to the separation, in writing, to the 217 commission, setting forth the facts and reasons for the 218 separation as he or she understands them. 219 Section 7. For the purpose of incorporating the amendment 220 made by this act to section 943.13, Florida Statutes, in 221 references thereto, subsections (1), (2), and (3) of section 222 943.1395, Florida Statutes, are reenacted to read: 223 943.1395 Certification for employment or appointment; 224 concurrent certification; reemployment or reappointment; 225 inactive status; revocation; suspension; investigation.— 226 (1) The commission shall certify, under procedures 227 established by rule, any person for employment or appointment as 228 an officer if: 229 (a) The person complies with s. 943.13(1)-(10); and 230 (b) The employing agency complies with s. 943.133(2) and 231 (3). 232 (2) An officer who is certified in one discipline and who 233 complies with s. 943.13 in another discipline shall hold 234 concurrent certification and may be assigned in either 235 discipline within his or her employing agency. 236 (3) Any certified officer who has separated from employment 237 or appointment and who is not reemployed or reappointed by an 238 employing agency within 4 years after the date of separation 239 must meet the minimum qualifications described in s. 943.13, 240 except for the requirement found in s. 943.13(9). Further, such 241 officer must complete any training required by the commission by 242 rule in compliance with s. 943.131(2). Any such officer who 243 fails to comply with the requirements provided in s. 943.131(2) 244 must meet the minimum qualifications described in s. 943.13, to 245 include the requirement of s. 943.13(9). 246 Section 8. For the purpose of incorporating the amendment 247 made by this act to section 943.13, Florida Statutes, in a 248 reference thereto, subsection (7) of section 943.14, Florida 249 Statutes, is reenacted to read: 250 943.14 Commission-certified criminal justice training 251 schools; certificates and diplomas; exemptions; injunctive 252 relief; fines.— 253 (7) Each criminal justice training school that offers law 254 enforcement, correctional, or correctional probation officer 255 basic recruit training, or selection center that provides 256 applicant screening for criminal justice training schools, shall 257 conduct a criminal history background check of an applicant 258 prior to entrance into the basic recruit class. A complete set 259 of fingerprints must be taken by an authorized criminal justice 260 agency or by an employee of the criminal justice training school 261 or selection center who is trained to take fingerprints. If the 262 employing agency has previously taken a set of fingerprints from 263 the applicant and has obtained a criminal history check of the 264 applicant using the fingerprints, the requirements of this 265 subsection shall be met when the employing agency submits to the 266 criminal justice training school or selection center a letter 267 stating the date on which the agency took the fingerprints of 268 the applicant, a summary of the criminal history check based on 269 the fingerprints, and a certification that the applicant is 270 qualified to enroll in the basic recruit training program 271 pursuant to s. 943.13. If the criminal justice training school 272 or selection center takes the fingerprints, it shall submit the 273 fingerprints to the Florida Department of Law Enforcement for a 274 statewide criminal history check, and forward the fingerprints 275 to the Federal Bureau of Investigation for a national criminal 276 history check. Applicants found through fingerprint processing 277 to have pled guilty to or been convicted of a crime which would 278 render the applicant unable to meet the minimum qualifications 279 for employment as an officer as specified in s. 943.13(4) shall 280 be removed from the pool of qualified candidates by the criminal 281 justice training school or selection center. 282 Section 9. For the purpose of incorporating the amendment 283 made by this act to section 943.13, Florida Statutes, in a 284 reference thereto, subsection (4) of section 943.17, Florida 285 Statutes, is reenacted to read: 286 943.17 Basic recruit, advanced, and career development 287 training programs; participation; cost; evaluation.—The 288 commission shall, by rule, design, implement, maintain, 289 evaluate, and revise entry requirements and job-related 290 curricula and performance standards for basic recruit, advanced, 291 and career development training programs and courses. The rules 292 shall include, but are not limited to, a methodology to assess 293 relevance of the subject matter to the job, student performance, 294 and instructor competency. 295 (4) The commission may, by rule, establish a sponsorship 296 program for prospective officers. The rule shall specify the 297 provisions of s. 943.13 that must be satisfied prior to the 298 prospective officer’s enrollment in a basic recruit training 299 course. However, the rule shall not conflict with any laws or 300 rules of the State Board of Education relating to student 301 enrollment. 302 Section 10. For the purpose of incorporating the amendment 303 made by this act to section 943.13, Florida Statutes, in a 304 reference thereto, section 943.253, Florida Statutes, is 305 reenacted to read: 306 943.253 Exemption; elected officers.—Elected officers are 307 exempt from the requirements of ss. 943.085-943.25. However, an 308 elected officer may participate in the programs and benefits 309 under ss. 943.085-943.25 if he or she complies with s. 310 943.13(1)-(7). 311 Section 11. For the purpose of incorporating the amendment 312 made by this act to section 943.13, Florida Statutes, in a 313 reference thereto, subsection (7) of section 944.105, Florida 314 Statutes, is reenacted to read: 315 944.105 Contractual arrangements with private entities for 316 operation and maintenance of correctional facilities and 317 supervision of inmates.— 318 (7) The department shall require the certification of 319 private correctional officers at the private vendor’s expense 320 under s. 943.1395, and all such officers must meet the minimum 321 qualifications established in s. 943.13. All other employees of 322 the private vendor that perform their duties at the private 323 correctional facility shall receive, at a minimum, the same 324 quality and quantity of training as that required by the state 325 for employees of state-operated correctional facilities. All 326 training expenses shall be the responsibility of the private 327 vendor. The department shall be the contributor and recipient of 328 all criminal background information necessary for certification 329 by the Criminal Justice Standards and Training Commission. 330 Section 12. For the purpose of incorporating the amendment 331 made by this act to section 943.13, Florida Statutes, in a 332 reference thereto, subsection (2) of section 944.714, Florida 333 Statutes, is reenacted to read: 334 944.714 Quality assurance and standards of operation.— 335 (2) All private correctional officers employed by a private 336 vendor must be certified, at the private vendor’s expense, as 337 having met the minimum qualifications established for 338 correctional officers under s. 943.13. 339 Section 13. For the purpose of incorporating the amendment 340 made by this act to section 943.13, Florida Statutes, in a 341 reference thereto, subsection (3) of section 945.035, Florida 342 Statutes, is reenacted to read: 343 945.035 Notice of employment, appointment, or separation; 344 response by the correctional officer; duty of department.— 345 (3) In a case of separation from employment or appointment, 346 the department shall execute and maintain an affidavit-of 347 separation form adopted by the commission, setting forth in 348 detail the facts and reasons for such separation. A copy of the 349 affidavit-of-separation form must be submitted, or 350 electronically transmitted, to the commission. If the 351 correctional officer is separated for failure to comply with s. 352 943.13, the notice must so specify. The affidavit must be 353 executed under oath and constitutes an official statement within 354 the purview of s. 837.06. The affidavit must include conspicuous 355 language that intentional false execution of the affidavit 356 constitutes a misdemeanor of the second degree. Any correctional 357 officer who has separated from employment or appointment must be 358 permitted to respond to the separation, in writing, to the 359 commission, setting forth the facts and reasons for the 360 separation as the officer understands them. 361 Section 14. For the purpose of incorporating the amendment 362 made by this act to section 943.13, Florida Statutes, in a 363 reference thereto, paragraph (a) of subsection (1) of section 364 948.01, Florida Statutes, is reenacted to read: 365 948.01 When court may place defendant on probation or into 366 community control.— 367 (1) Any state court having original jurisdiction of 368 criminal actions may at a time to be determined by the court, 369 with or without an adjudication of the guilt of the defendant, 370 hear and determine the question of the probation of a defendant 371 in a criminal case, except for an offense punishable by death, 372 who has been found guilty by the verdict of a jury, has entered 373 a plea of guilty or a plea of nolo contendere, or has been found 374 guilty by the court trying the case without a jury. 375 (a) If the court places the defendant on probation or into 376 community control for a felony, the department shall provide 377 immediate supervision by an officer employed in compliance with 378 the minimum qualifications for officers as provided in s. 379 943.13. A private entity may not provide probationary or 380 supervision services to felony or misdemeanor offenders 381 sentenced or placed on probation or other supervision by the 382 circuit court. 383 Section 15. For the purpose of incorporating the amendment 384 made by this act to section 943.13, Florida Statutes, in a 385 reference thereto, section 951.063, Florida Statutes, is 386 reenacted to read: 387 951.063 Privately operated county correctional facilities. 388 Each private correctional officer employed by a private entity 389 under contract to a county commission must be certified as a 390 correctional officer under s. 943.1395 and must meet the minimum 391 qualifications established in s. 943.13. The county shall 392 provide to the Criminal Justice Standards and Training 393 Commission all necessary fingerprints for Florida Department of 394 Law Enforcement and Federal Bureau of Investigation background 395 checks. The Criminal Justice Standards and Training Commission 396 shall advise the county as to those employees whose 397 certification has been denied or revoked. Neither the county nor 398 the private entity shall be the direct recipient of criminal 399 records. 400 Section 16. For the purpose of incorporating the amendment 401 made by this act to section 943.13, Florida Statutes, in a 402 reference thereto, paragraph (b) of subsection (3) of section 403 985.644, Florida Statutes, is reenacted to read: 404 985.644 Departmental contracting powers; personnel 405 standards and investigation.— 406 (3) 407 (b) Law enforcement, correctional, and correctional 408 probation officers, certified pursuant to s. 943.13, are not 409 required to submit to level 2 screenings as long as they are 410 currently employed by a law enforcement agency or correctional 411 facility. The department shall electronically submit to the 412 Department of Law Enforcement: 413 1. Fingerprint information obtained during the employment 414 screening required by subparagraph (a)1. 415 2. Fingerprint information for all persons employed by the 416 department, or by a provider under contract with the department, 417 in delinquency facilities, services, or programs if such 418 fingerprint information has not previously been submitted 419 pursuant to this section. 420 Section 17. This act shall take effect July 1, 2019.