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