(1) The employing agency is fully responsible for the collection, verification, and maintenance of documentation establishing that an applicant complies with the requirements of ss. 943.13 and 943.131, and any rules adopted pursuant to ss. 943.13 and 943.131.
(2) Prior to the employment or appointment of any officer, the chief law enforcement or correctional officer administrator or probation and parole regional administrator of the employing agency, or his or her designee, is required to execute and maintain a registration affidavit-of-compliance form adopted by the commission, attesting to compliance by the employing agency with subsection (1). 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 intentional false execution of the affidavit constitutes a misdemeanor of the second degree. The information contained in the registration affidavit-of-compliance form must be submitted, or electronically transmitted, to the commission.
(3) The commission shall adopt rules that establish procedures for conducting background investigations. The rules must specify a form for employing agencies to use to document the findings of the background investigation. Before employing or appointing any officer, the employing agency must conduct a thorough background investigation in accordance with the rules. The background information shall include information setting forth the facts and reasons for any of the applicant’s previous separations from private or public employment or appointment, as the applicant understands them. For the purposes of this subsection, the term “separation from employment or appointment” includes any firing, termination, resignation, retirement, or voluntary or involuntary extended leave of absence from any salaried or nonsalaried position. The employing agency must maintain the original background investigation form, which must be signed by the administrator of the employing agency or his or her designee.
(4) When the employing agency is a private entity under contract to the county or the state pursuant to s. 944.105, s. 951.062, or chapter 957, the contracting agency shall be responsible for meeting the requirements of subsections (1), (2), and (3).
(5) The commission may inspect and copy the documentation of an employing agency to ensure compliance with subsection (1).
(6) If an employing agency employs or appoints an officer in violation of this section or of s. 943.13, s. 943.131, or s. 943.135, or any rules adopted pursuant thereto, the Department of Legal Affairs, at the request of the chair of the commission, shall apply to the circuit court in the county of the employing agency for injunctive relief prohibiting the employment or appointment of the person contrary to this section.
(7) The employing agency must annually submit information to the commission, as specified by rule, relating to all certified officers employed by or appointed to the employing agency so that the commission may update its records for all certified officers.
History.—s. 8, ch. 84-258; ss. 8, 43, ch. 86-183; s. 2, ch. 86-286; ss. 5, 6, ch. 87-186; s. 5, ch. 91-429; s. 3, ch. 92-131; s. 9, ch. 93-252; s. 2, ch. 95-408; s. 1631, ch. 97-102; s. 4, ch. 97-225; s. 17, ch. 98-94; s. 5, ch. 2018-46; s. 4, ch. 2019-113; s. 3, ch. 2021-241.
Structure Florida Statutes
Title XLVII - Criminal Procedure and Corrections
Chapter 943 - Department of Law Enforcement
943.03 - Department of Law Enforcement.
943.031 - Florida Violent Crime and Drug Control Council.
943.03101 - Counter-Terrorism Coordination.
943.0311 - Chief of Domestic Security; Duties of the Department With Respect to Domestic Security.
943.0312 - Regional Domestic Security Task Forces.
943.0313 - Domestic Security Oversight Council.
943.0314 - Public Records and Public Meetings Exemptions; Domestic Security Oversight Council.
943.032 - Financial Crime Analysis Center and Financial Transaction Database.
943.041 - Crimes Against Children Criminal Profiling Program.
943.0412 - Identity Theft and Fraud Grant Program.
943.042 - Violent Crime Investigative Emergency and Drug Control Strategy Implementation Account.
943.0433 - Soliciting for Prostitution Public Database.
943.0435 - Sexual Offenders Required to Register With the Department; Penalty.
943.0436 - Duty of the Court to Uphold Laws Governing Sexual Predators and Sexual Offenders.
943.0437 - Commercial Social Networking Websites.
943.0438 - Athletic Coaches for Independent Sanctioning Authorities.
943.045 - Definitions; Ss. 943.045-943.08.
943.046 - Notification of Criminal Offender Information.
943.05 - Criminal Justice Information Program; Duties; Crime Reports.
943.051 - Criminal Justice Information; Collection and Storage; Fingerprinting.
943.0515 - Retention of Criminal History Records of Minors.
943.052 - Disposition Reporting.
943.0525 - Criminal Justice Information Systems; Use by State and Local Agencies.
943.053 - Dissemination of Criminal Justice Information; Fees.
943.0535 - Aliens, Criminal Records.
943.054 - Exchange of Federal Criminal History Records and Information.
943.0542 - Access to Criminal History Information Provided by the Department to Qualified Entities.
943.0543 - National Crime Prevention and Privacy Compact; Ratification and Implementation.
943.0544 - Criminal Justice Information Network and Information Management.
943.056 - Criminal History Records; Access, Review, and Challenge.
943.057 - Access to Criminal Justice Information for Research or Statistical Purposes.
943.0575 - Public Access to Records.
943.0578 - Lawful Self-Defense Expunction.
943.0581 - Administrative Expunction for Arrests Made Contrary to Law or by Mistake.
943.0582 - Diversion Program Expunction.
943.0583 - Human Trafficking Victim Expunction.
943.0585 - Court-Ordered Expunction of Criminal History Records.
943.059 - Court-Ordered Sealing of Criminal History Records.
943.0595 - Automatic Sealing of Criminal History Records.
943.06 - Criminal and Juvenile Justice Information Systems Council.
943.08 - Duties; Criminal and Juvenile Justice Information Systems Council.
943.081 - Public Safety System Information Technology Resources; Guiding Principles.
943.082 - School Safety Awareness Program.
943.09 - Criminal Justice Professionalism Program.
943.10 - Definitions; Ss. 943.085-943.255.
943.11 - Criminal Justice Standards and Training Commission; Membership; Meetings; Compensation.
943.12 - Powers, Duties, and Functions of the Commission.
943.13 - Officers’ Minimum Qualifications for Employment or Appointment.
943.131 - Temporary Employment or Appointment; Minimum Basic Recruit Training Exemptions.
943.134 - Release of Employee Information by Employers.
943.135 - Requirements for Continued Employment.
943.137 - Establishment of Qualifications and Standards Above the Minimum.
943.1397 - Officer Certification Examinations; Fee.
943.146 - Securing of Copyrights by the Department and Sale of Department Work Products.
943.1701 - Uniform Statewide Policies and Procedures; Duty of the Commission.
943.1702 - Collection of Statistics on Domestic Violence.
943.171 - Basic Skills Training in Handling Domestic Violence Cases.
943.1715 - Basic Skills Training Relating to Diverse Populations.
943.1716 - Continued Employment Training Relating to Diverse Populations.
943.1717 - Use of Dart-Firing Stun Guns.
943.1718 - Body Cameras; Policies and Procedures.
943.1719 - Basic Skills Training Relating to the Use of Electronic Databases.
943.17191 - Continued Employment Training Relating to the Use of Electronic Databases.
943.172 - Basic Skills Training in Victims Assistance and Rights.
943.1724 - Sexual Assault Investigation Training.
943.1726 - Continued Employment Training Relating to Diabetic Emergencies.
943.17261 - Department of Law Enforcement; Training Related to Medical Use of Marijuana.
943.1727 - Continued Employment Training Relating to Autism Spectrum Disorder.
943.1728 - Basic Skills Training Relating to the Protection of Archaeological Sites.
943.1729 - Skills Training Relating to Community Policing.
943.17291 - Basic Skills Training in Juvenile Sexual Offender Investigation.
943.17295 - Continued Employment Training Relating to Juvenile Sexual Offender Investigation.
943.17296 - Training in Identifying and Investigating Elder Abuse and Neglect.
943.17297 - Continuing Employment Training in Identifying and Investigating Human Trafficking.
943.173 - Examinations; Administration; Materials Not Public Records; Disposal of Materials.
943.1735 - Basic Skills Training Related to Use of Force; Use of Force Policies; Contents.
943.1740 - Standards for Use of Force Investigations.
943.1745 - Training Relating to Officer Health and Wellness Principles.
943.1755 - Florida Criminal Justice Executive Institute.
943.1757 - Criminal Justice Executives; Training; Policy Report.
943.1758 - Curriculum Revision for Diverse Populations; Skills Training.
943.18 - Compensation and Benefits Study; Recommendation.
943.22 - Salary Incentive Program for Full-Time Officers.
943.25 - Criminal Justice Trust Funds; Source of Funds; Use of Funds.
943.253 - Exemption; Elected Officers.
943.255 - Effect of Chs. 80-71 and 81-24 on Prior Rules and Administrative Proceedings.
943.256 - Criminal Justice Selection Centers; Creation.
943.2563 - Advisory Board Organization; Center Oversight.
943.2564 - Center Supervision; Role of Directing School or Directing Agency.
943.2565 - Centralized Information Centers on Prospective Employment Candidates.
943.2566 - Promotions; Feasibility Study to Establish Pool of Evaluators to Assess Qualifications.
943.2567 - Operation and Administration Accounts; Annual Budget.
943.2568 - Advisory Boards; Expense Reimbursement.
943.257 - Independent Audit Documentation Subject to Inspection.
943.32 - Statewide Criminal Analysis Laboratory System.
943.3251 - Postsentencing DNA Testing.
943.326 - DNA Evidence Collected in Sexual Offense Investigations.
943.33 - State-Operated Criminal Analysis Laboratories.
943.34 - Powers and Duties of Department in Relation to State-Operated Laboratories.
943.35 - Funding for Existing Laboratories.
943.36 - Submission of Annual Budget.
943.361 - Statewide Criminal Analysis Laboratory System; Funding Through Fine Surcharges.
943.362 - Forfeiture and Investigative Support Trust Fund.
943.365 - Federal Law Enforcement Trust Fund.
943.366 - Federal Grants Trust Fund.
943.367 - Administrative Trust Fund.
943.37 - Option to Become State-Operated Laboratory; Operational Control.
943.403 - Rulemaking; Criminal Justice Program.
943.601 - Preservation of Legislative Powers.
943.61 - Powers and Duties of the Capitol Police.
943.611 - Director of Capitol Police.
943.62 - Investigations by the Capitol Police.
943.63 - Arrest by the Capitol Police.
943.66 - Rules; Facilities Program, Capitol Police; Traffic Regulation.
943.68 - Transportation and Protective Services.
943.681 - Capitol Police Program; Funding.
943.685 - Authority to Purchase Good Will and Promotional Materials.
943.686 - Unauthorized Use of Department of Law Enforcement Emblems or Names Prohibited.
943.687 - Marjory Stoneman Douglas High School Public Safety Commission.
943.6871 - Criminal Justice Data Transparency.