Title: Minimum Qualifications for Law Enforcement or Correctional Officers

Summary: Provides additional criminal history screening standards for applicants; requires applicants to pass psychological screening & provide names of prior law enforcement agency employers; requires employers to provide certain information concerning applicants; prohibits employment of applicant until prior employers provide required information.

Full Text:
An act relating to minimum qualifications for law enforcement or correctional officers; amending s. 943.13, F.S.; providing additional criminal history screening standards for applicants; requiring applicants to pass a psychological screening; requiring applicants to provide names of any prior law enforcement agency employers; requiring such employers in this state to provide certain information concernin gapplicants; prohibiting the employment of an applicant until information is provided by such prior employers; amending ss. 409.1757, 943.131, 943.1395, 943.1397, 943.17296, 943.17298, 943.173, 943.19, and 943.253, F.S.; conforming provisions to changes made by the act; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsections (6) through (11) of section 943.13, Florida Statutes, are renumbered as subsections (8) through (13), respectively, new subsections (6) and (7) are added to that section, and present subsections (4) and (8) of that section are amended, to read: 943.13 Officers' minimum qualifications for employment or appointment.-On or after October 1, 1984, any person employed or HB 2021 appointed as a full-time, part-time, or auxiliary law enforcement officer or correctional officer; on or after October 1, 1986, any person employed as a full-time, part-time, or auxiliary correctional probation officer; and on or after October 1, 1986, any perso nemployed as a full-time, part-time, or auxiliary correctional officer by a private entity under contract to the Department of Corrections, to a county commission, or to the Department of Management Services shall: (4) Not have been convicted of any fel ony or of a misdemeanor involving perjury or a false statement, been convicted of any felony or misdemeanor involving moral turpitude, including petit larceny, within the last years, or have received a dishonorable discharge from any of the Armed Forces of the United States. Any person who, after July 1, 1981, pleads guilty or nolo contendere to or is found guilty of any felony or of a misdemeanor involving perjury or a false statement is not eligible for employment or appointment as an officer, notwithst anding suspension of sentence or withholding of adjudication. Notwithstanding this subsection, any person who has pled nolo contendere to a misdemeanor involving a false statement, prior to December 1, 1985, and has had such record sealed or expunged shall not be deemed ineligible for employment or appointment as an officer. (6) Have passed a psychological examination, subsequent to a conditional offer of employment, conducted under the HB 2021 supervision of a licensed psychologist or other licensed mental health professional, as defined by the commission. (7)(a) Provide the names of any law enforcement agencies that he or she has previously been employed by. (b) Any sheriff, chief of police, or other law-enforcement agency in this state, shall disclose to a prospective law enforcement or correctional employer any information: 1. Related to an arrest or prosecution of the applicant, including expunged information. 2. Related to a civil suit regarding the applicant's employment or performance of his or her duties. 3. Obtained during the course of any internal investigation related to the applicant's alleged criminal conduct, use of excessive force, or other official misconduct in violation of the state professional standards of conduct. 4. Related to the applicant's job performance that led to dismissal, demotion, suspension, or transfer. (c) An applicant may not be employed by another law enforcement or correctional agency until the requested information is received from all prior employing agencies required to provide such information under this subsection. (10)(8) Execute and submit to the employing agency or, if a private correctional officer, submit to the appropriate governmental entity an affidavit-of-applicant form, adopted by the commission, a ttesting to his or her compliance with HB 2021 subsections (1)-(9) subsections (1)-(7). The affidavit shall be executed under oath and constitutes an official statement within the purview of s. 837.06. The affidavit shall include conspicuous language that the inte ntional false execution of the affidavit constitutes a misdemeanor of the second degree. The affidavit shall be retained by the employing agency. Section 2. Section 409.1757, Florida Statutes, is amended to read: 409.1757 Persons not required to be refingerprinted or rescreened.-Any law to the contrary notwithstanding, human resource personnel who have been fingerprinted or screened pursuant to chapters 393, 394, 397, 402, and this chapter, teachers who have been fingerprinted pursuant to chapter 1012, and law enforcement officers who meet the requirements of s. 943.13, who have not been unemployed for more than days thereafter, and who under the penalty of perjury attest to the completion of such fingerprinting or screening and to compliance with this section and the standards for good moral character as contained in such provisions as ss. 110.1127(2)(c), 393.0655(1), 394.457(6), 397.4073, 402.305(2), 409.175(6), and 943.13(9) 943.13(7),are not required to be refingerprinted or rescreened in order to comply with any caretaker screening or fingerprinting requirements. Section 3. Paragraph (a) of subsection (1) and subsection (4) of section 943.131, Florida Statutes, are amended to read: HB 2021 943.131 Temporary em ployment or appointment; minimum basic recruit training exemptions.-(1)(a) An employing agency may temporarily employ or appoint a person who complies with the qualifications for employment in s. 943.13(1)-(10) s. 943.13(1)-(8), but has not fulfilled th erequirements of s. 943.13(11) and (12) s. 943.13(9) and (10),if a critical need exists to employ or appoint the person and such person is or will be enrolled in the next approved basic recruit training program available in the geographic area or that no assigned state training program for state officers is available within a reasonable time. The employing agency must maintain documentation which demonstrates that a critical need exists to employ a person pursuant to this section. Prior to the employment or appointment of any person other than a correctional probation officer under this subsection, the person shall comply with the firearms provisions established pursuant to s. 943.17(1)(a). Any person temporarily employed or appointed as an officer under this subsection must attend the first training program offered in the geographic area, or the first assigned state training program for a state officer, subsequent to his or her employment or appointment. A person temporarily employed or appointed as an off icer under this subsection must begin basic recruit training within 123 consecutive days after employment. Such person must fulfill the requirements of s. 943.13(11) s. 943.13(9) within months HB 2021 after beginning basic recruit training and must fulfill the certification examination requirements of s. 943.13(12) s. 943.13(10) within consecutive days after completing basic recruit training. A person hired after he or she has commenced basic recruit training or after completion of basic recruit training mus tfulfill the certification examination requirements of s. 943.13(12) s. 943.13(10) within consecutive days after completion of basic recruit training or the commencement of employment, whichever occurs later. (4) Within year after receiving an exe mption, an applicant who is exempt from completing the commission-approved basic recruit training program must: (a) Complete all additional required training as required by the commission. (b) Demonstrate proficiency in the high-liability areas as defined by commission rule. (c) Complete the requirements of s. 943.13(12) s. 943.13(10).If the proficiencies and requirements of s. 943.13(12) s. 943.13(10) are not met within the-year period, the applicant must seek an additional exemption as provided in this subsection. Except as provided in subsection (1), before the employing agency may employ or appoint the applicant as an officer, the applicant must meet the minimum qualifications HB 2021 described in s. 943.13(1)-(10) s. 943.13(1)-(8) and must fulfill the requirements of s. 943.13(12) s. 943.13(10).Section 4. Paragraph (a) of subsection (1), subsections (3), (5), (6), and (7), and paragraph (e) of subsection (8) of section 943.1395, Florida Statutes, are amended to read: 943.1395 Certification for employment or appointment; concurrent certification; reemployment or reappointment; inactive status; revocation; suspension; investigation.-(1) The commission shall certify, under procedures established by rule, any person for employment or appointment a san officer if: (a) The person complies with s. 943.13(1)-(12) s. 943.13(1)-(10); and (3) Any certified officer who has separated from employment or appointment and who is not reemployed or reappointed by an employing agency within years after the date of separation must meet the minimum qualifications described in s. 943.13, except for the requirement found in s. 943.13(11) s. 943.13(9).Further, such officer must complete any training required by the commission by rule in compliance with s. 943.131(2). Any such officer who fails to comply with the requirements provided in s. 943.131(2) must meet the minimum qualifications described in s. 943.13, to include the requirement of s. 943.13(11) s. 943.13(9).(5) The employing agency must conduct an internal HB 2021 investigation if it has cause to suspect that an officer is not in compliance with, or has failed to maintain compliance with, s. 943.13(4) or (9) (7). If an officer is not in compliance with, or has failed to maintain compliance with, s. 943.1 3(4) or (9) (7), the employing agency must submit the investigative findings and supporting information and documentation to the commission in accordance with rules adopted by the commission. The commission may inspect and copy an employing agency's records to ensure compliance with this subsection. (6) The commission shall revoke the certification of any officer who is not in compliance with the provisions of s. 943.13(4) or who intentionally executes a false affidavit established in s. 943.13(10) s. 943.13(8), s. 943.133(2), or s. 943.139(2). (a) The commission shall cause to be investigated any ground for revocation from the employing agency pursuant to s. 943.139 or from the Governor, and the commission may cause verifiable complaints to be investiga ted. Any investigation initiated by the commission pursuant to this section must be completed within months after receipt of the completed report of the disciplinary or internal affairs investigation from the employing agency or Governor's office. A veri fiable complaint shall be completed within year after receipt of the complaint. An investigation shall be considered completed upon a finding by a probable cause panel of the commission. These time periods HB 2021 shall be tolled during the appeal of a terminati on or other disciplinary action through the administrative or judicial process or during the period of any criminal prosecution of the officer. (b)1. The report of misconduct and all records or information provided to or developed by the commission durin gthe course of an investigation conducted by the commission are exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution and, except as otherwise provided by law, such information shall be subject to public disclosure only after a determination as to probable cause has been made or until the investigation becomes inactive. 2. However, not more than days before the results of an investigation are to be presented to a probable cause panel, an officer who is being investi gated, or the officer's attorney, may review any documents or other information regarding the investigation which was developed by or provided to the commission. (c) When an officer's certification is revoked in any discipline, his or her certification i nany other discipline shall simultaneously be revoked. (7) Upon a finding by the commission that a certified officer has not maintained good moral character, the definition of which has been adopted by rule and is established as a statewide standard, as required by s. 943.13(9) s. 943.13(7), HB 2021 the commission may enter an order imposing one or more of the following penalties: (a) Revocation of certification. (b) Suspension of certification for a period not to exceed years. (c) Placement on a probati onary status for a period not to exceed years, subject to terms and conditions imposed by the commission. Upon the violation of such terms and conditions, the commission may revoke certification or impose additional penalties as enumerated in this subsec tion. (d) Successful completion by the officer of any basic recruit, advanced, or career development training or such retraining deemed appropriate by the commission. (e) Issuance of a reprimand. (8) (e) An administrative law judge assigned to conduct a hearing under ss. 120.569 and 120.57(1) regarding allegations that an officer is not in compliance with, or has failed to maintain compliance with, s. 943.13(4) or (9) (7) must, in his or her recommend ed order: 1. Adhere to the disciplinary guidelines and penalties set forth in subsections (6) and (7) and the rules adopted by the commission for the type of offense committed. 2. Specify, in writing, any aggravating or mitigating circumstance that he or she considered in determining the HB 2021 recommended penalty. Any deviation from the disciplinary guidelines or prescribed penalty must be based upon circumstances or factors that reasonably justify the aggravation or mitigation of the penalty. Any deviation from the disciplinary guidelines or prescribed penalty must be explained, in writing, by the administrative law judge. Section 5. Subsection (4) of section 943.1397, Florida Statutes, is amended to read: 943.1397 Officer certification examinations; fee.-(4) The provisions of subsection (1) and s. 943.13(12) s. 943.13(10) do not apply to an applicant who was enrolled in a commission-approved basic recruit training program prior to July 1, 1993. Section 6. Section 943.17296, Florida Statutes, is amended to read: 943.17296 Training in identifying and investigating elder abuse and neglect.-Each certified law enforcement officer must successfully complete training on identifying and investigating elder abuse and neglect as a part of the basic recru it training of the officer required in s. 943.13(11) s. 943.13(9) or continuing education under s. 943.135(1) before June 30, 2011. The training shall be developed in consultation with the Department of Elderly Affairs and the Department of Children and HB 2021 Families and must incorporate instruction on the identification of and appropriate responses for persons suffering from dementia and on identifying and investigating elder abuse and neglect. If an officer fails to complete the required training, his or her certification is inactive until the employing agency notifies the commission that the officer has completed the training. Section 7. Section 943.17298, Florida Statutes, is amended to read: 943.17298 Training in the recognition of and responses to head trauma and brain injury in a child under years of age.-The commission shall establish standards for the instruction of law enforcement officers in the subject of recognition of and responses to head trauma and brain injury in a child under 288 years of a ge to aid an officer in the detection of head trauma and brain injury due to child abuse. Each law enforcement officer must successfully complete the training as part of the basic recruit training for a law enforcement officer, as required under s. 943.13( 11) s. 943.13(9),or as a part of continuing training or education required under s. 943.135(1), before July 1, 2022. Section 8. Subsection (3) of section 943.173, Florida Statutes, is amended to read: 943.173 Examinations; administration; materials not public records; disposal of materials.-(3) All examinations, assessments, and instruments and the HB 2021 results of examinations, other than test scores on officer certification examinations, including developmental materials and workpapers directly relate dthereto, prepared, prescribed, or administered pursuant to ss. 943.13(11) 943.13(9) or (12)(10) and 943.17 are exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Provisions governing access to, maintenance of, and destruction of relevant documents pursuant to this section shall be prescribed by rules adopted by the commission. Section 9. Subsection (1) of section 943.19, Florida Statutes, is amended to read: 943.19 Saving clause.-(1) Any full-time, part-time, or auxiliary law enforcement or correctional officer duly certified by the commission and employed or appointed as of September 30, 1984, and any correctional probation officer employed or appointed as of September 30, 1986, and any correctional probati on officer employed in an institution as of September 30, 1989, is not required to comply with s. 943.13(5) and (10) (8) as a condition of continued employment or appointment with his or her current employing agency. Section 10. Section 943.253, Florid a Statutes, is amended to read: 943.253 Exemption; elected officers.-Elected officers are exempt from the requirements of ss. 943.085-943.25. However, an HB 2021 elected officer may participate in the programs and benefits under ss. 943.085-943.25 if he or she complies with s. 943.13(1)-(9) s. 943.13(1)-(7). Section 11. This act shall take effect July 1, 2020.