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Florida Statutes, Title XLVII

Florida/Statutes

← All Florida coverage

Title XLVII, Criminal Procedure and Corrections

42 chapters · 1,219 sections in this title.

All chapters in Title XLVII1,219 Ch 943, Department of Law Enforcement163 Ch 985, Juvenile Justice; Interstate Compact…111 Ch 944, State Correctional System103 Ch 945, Department of Corrections53 Ch 941, Corrections: Interstate Cooperation49 Ch 905, Grand Jury43 Ch 947, Florida Commission on Offender Revie…42 Ch 948, Probation and Community Control42 Ch 921, Sentence38 Ch 960, Victim Assistance38 Ch 903, Bail37 Ch 901, Arrests and Temporary Detentions36 Ch 951, County and Municipal Prisoners35 Ch 946, Inmate Labor and Correctional Work P…33

163 sections·Filtered byTitle XLVII✕Ch 943✕

Fla. Stat. § 943.0584 Criminal history records ineligible for court-ordered expunction or court-ordered sealing
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(1) As used in this section, the term “conviction” means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld, or if the defendant was a minor, a finding that the defendant comm…
Fla. Stat. § 943.0585 Court-ordered expunction of criminal history records
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(1) ELIGIBILITY.—A person is eligible to petition a court to expunge a criminal history record if:(a) An indictment, information, or other charging document was not filed or issued in the case giving rise to the criminal history record.(b) An indictment, information, or other cha…
Fla. Stat. § 943.059 Court-ordered sealing of criminal history records
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(1) ELIGIBILITY.—A person is eligible to petition a court to seal a criminal history record when:(a) The criminal history record is not ineligible for court-ordered sealing under s. 943.0584.(b) The person has never, before the date the application for a certificate of eligibilit…
Fla. Stat. § 943.0595 Automatic sealing of criminal history records; confidentiality of related court records

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(1) RULEMAKING.—Notwithstanding any law dealing generally with the preservation and destruction of public records, the department shall adopt rules addressing the automatic sealing of any criminal history record of a minor or an adult described in this section.(2) ELIGIBILITY.—(a…

Fla. Stat. § 943.06 Criminal and Juvenile Justice Information Systems Council

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There is created a Criminal and Juvenile Justice Information Systems Council within the department.(1) The council shall be composed of 15 members, consisting of the Attorney General or a designated assistant; the executive director of the Department of Law Enforcement or a desig…

Fla. Stat. § 943.08 Duties; Criminal and Juvenile Justice Information Systems Council

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(1) The council shall facilitate the identification, standardization, sharing, and coordination of criminal and juvenile justice data and other public safety system data among federal, state, and local agencies.(2) The council shall adopt uniform information exchange standards, m…

Fla. Stat. § 943.081 Public safety system information technology resources; guiding principles

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The following guiding principles adopted by the Criminal and Juvenile Justice Information Systems Council are hereby adopted as guiding principles for the management of public safety system information technology resources:(1) Cooperative planning by public safety system entities…

Fla. Stat. § 943.082 School Safety Awareness Program

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(1) In collaboration with the Department of Legal Affairs, the department shall competitively procure a mobile suspicious activity reporting tool that allows students and the community to relay information anonymously concerning unsafe, potentially harmful, dangerous, violent, or…

Fla. Stat. § 943.085 Legislative intent with respect to upgrading the quality of law enforcement officers and correctional officers

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(1) It is the intent of the Legislature to strengthen and upgrade law enforcement agencies and correctional institutions in this state by attracting competent, highly qualified people for professional careers in the criminal justice disciplines and to retain well-qualified and ex…

Fla. Stat. § 943.09 Criminal Justice Professionalism Program

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There is created a Criminal Justice Professionalism Program within the Department of Law Enforcement. The program shall be supervised by personnel who shall be employed by the department upon the recommendation of the executive director. Such personnel shall supervise, direct, co…

Fla. Stat. § 943.10 Definitions; ss. 943.085-943.255

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The following words and phrases as used in ss. 943.085-943.255 are defined as follows:(1) “Law enforcement officer” means any person who is elected, appointed, or employed full time by any municipality or the state or any political subdivision thereof; who is vested with authorit…

Fla. Stat. § 943.11 Criminal Justice Standards and Training Commission; membership; meetings; compensation

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(1)(a) There is created a Criminal Justice Standards and Training Commission within the Department of Law Enforcement. The commission shall be composed of 19 members, consisting of the Secretary of Corrections or a designated assistant; the Attorney General or a designee; the Dir…

Fla. Stat. § 943.12 Powers, duties, and functions of the commission

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The commission shall:(1) Adopt rules for the administration of ss. 943.085-943.255 pursuant to chapter 120.(2) Be responsible for the execution, administration, implementation, and evaluation of its powers, duties, and functions under ss. 943.085-943.255, including any rules prom…

Fla. Stat. § 943.125 Accreditation of state and local law enforcement agencies, correctional facilities, public agency offices of inspectors general, and certain pretrial diversion programs; intent

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(1) It is the intent of the Legislature that law enforcement agencies, correctional facilities, public agency offices of inspectors general, and those agencies offering pretrial diversion programs within offices of the state attorneys, county government, or sheriff’s offices in t…

Fla. Stat. § 943.13 Officers’ minimum qualifications for employment or appointment

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On or after October 1, 1984, any person employed or 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 o…

Fla. Stat. § 943.131 Temporary employment or appointment; minimum basic recruit training exemptions

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(1)(a) An employing agency may temporarily employ or appoint a person who complies with the qualifications for employment in s. 943.13(1)-(8), but has not fulfilled the requirements of s. 943.13(9) and (10), if a critical need exists to employ or appoint the person and such perso…

Fla. Stat. § 943.132 Implementation of federal qualified active or qualified retired law enforcement concealed firearms provisions

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(1) The commission shall by rule establish the manner in which Title 18, 44 U.S.C. ss. 926B and 926C, relating to the carrying of concealed firearms by qualified law enforcement officers and qualified retired law enforcement officers, as defined in the act, shall be implemented i…

Fla. Stat. § 943.133 Responsibilities of employing agency, commission, and program with respect to compliance with employment qualifications and the conduct of background investigations; injunctive relief

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(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 empl…

Fla. Stat. § 943.134 Release of employee information by employers

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(1) As used in this section, the term:(a) “Employing agency” has the same meaning ascribed in s. 943.10.(b) “Employment information” includes, but is not limited to, written information relating to job applications, performance evaluations, attendance records, disciplinary matter…

Fla. Stat. § 943.135 Requirements for continued employment

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(1) The commission shall, by rule, adopt a program that requires all officers, as a condition of continued employment or appointment as officers, to receive periodic commission-approved continuing training or education. Such continuing training or education shall be required at t…

Fla. Stat. § 943.137 Establishment of qualifications and standards above the minimum

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(1) Nothing herein may be construed to preclude an employing agency from establishing qualifications and standards for employment, appointment, training, or promotion of officers that exceed the minimum requirements set by ss. 943.13 and 943.17, including establishing tobacco-use…

Fla. Stat. § 943.139 Notice of employment, appointment, or separation; response by the officer; duty of commission

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(1) An employing agency shall immediately notify the commission in writing, on a form adopted by the commission, of the employment or appointment, or separation from employment or appointment, of any officer. The employing agency must maintain the original form and submit, or ele…

Fla. Stat. § 943.1395 Certification for employment or appointment; concurrent certification; reemployment or reappointment; inactive status; revocation; suspension; investigation

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(1) The commission shall certify, under procedures established by rule, any person for employment or appointment as an officer if:(a) The person complies with s. 943.13(1)-(10); and(b) The employing agency complies with s. 943.133(2) and (3).(2) An officer who is certified in one…

Fla. Stat. § 943.1397 Officer certification examinations; fee

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(1) Except as provided in subsection (4), on and after July 1, 1993, the commission shall not certify any person as an officer until the person has achieved an acceptable score on the officer certification examination for the applicable criminal justice discipline. The commission…

Fla. Stat. § 943.14 Commission-certified criminal justice training schools; certificates and diplomas; exemptions; injunctive relief; fines

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(1) Each criminal justice training school approved by the commission shall obtain from the commission a certificate of compliance, with rules of the commission, signed by the chair of the commission.(2) Any certificate or diploma issued by any criminal justice training school whi…

Fla. Stat. § 943.146 Securing of copyrights by the department and sale of department work products

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(1) As used in this section, the term “product” includes any and all inventions, methodologies, techniques, and creations that may be properly protected by patent, copyright, or trademark. The term specifically includes, but is not limited to, job task analyses; all curricula dev…

Fla. Stat. § 943.16 Payment of tuition or officer certification examination fee by employing agency; reimbursement of tuition, other course expenses, wages, and benefits

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(1) An employing agency is authorized to pay any costs of tuition of a trainee in attendance at an approved basic recruit training program.(2) A trainee who attends such approved training program at the expense of an employing agency must remain in the employment or appointment o…

Fla. Stat. § 943.17 Basic recruit, advanced, and career development training programs; participation; cost; evaluation

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The commission shall, by rule, design, implement, maintain, evaluate, and revise entry requirements and job-related curricula and performance standards for basic recruit, advanced, and career development training programs and courses. The rules shall include, but are not limited …

Fla. Stat. § 943.1701 Uniform statewide policies and procedures; duty of the commission

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The commission, with the advice and cooperation of the Department of Children and Families, the Florida Sheriffs Association, the Florida Police Chiefs Association, and other agencies that verify, serve, and enforce injunctions for protection against domestic violence, shall deve…

Fla. Stat. § 943.1702 Collection of statistics on domestic violence

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(1) In compiling the Department of Law Enforcement Crime in Florida Annual Report, the department shall include the results of the arrest policy provided for under s. 901.15(7) with respect to domestic violence to include: separate statistics on occurrences of and arrests for dom…

Fla. Stat. § 943.171 Basic skills training in handling domestic violence cases

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(1) The commission shall establish standards for instruction of law enforcement officers in the subject of domestic violence. Every basic skills course required in order for law enforcement officers to obtain initial certification shall include a minimum of 6 hours of training in…

Fla. Stat. § 943.1715 Basic skills training relating to diverse populations

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The commission shall establish and maintain standards for instruction of officers in the subject of interpersonal skills relating to diverse populations, with an emphasis on the awareness of cultural differences. Every basic skills course required in order for officers to obtain …

Fla. Stat. § 943.1716 Continued employment training relating to diverse populations

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The commission shall by rule require that each officer receive, as part of the 40 hours of required instruction for continued employment or appointment as an officer, instruction in the subject of interpersonal skills relating to diverse populations, with an emphasis on the aware…

Fla. Stat. § 943.1717 Use of dart-firing stun guns

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(1) A decision by a law enforcement officer, correctional officer, or correctional probation officer to use a dart-firing stun gun must involve an arrest or a custodial situation during which the person who is the subject of the arrest or custody escalates resistance to the offic…

Fla. Stat. § 943.1718 Body cameras; policies and procedures

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(1) As used in this section, the term:(a) “Body camera” means a portable electronic recording device that is worn on a law enforcement officer’s person that records audio and video data of the officer’s law-enforcement-related encounters and activities.(b) “Law enforcement agency…

Fla. Stat. § 943.1719 Basic skills training relating to the use of electronic databases

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The commission shall incorporate into the course curriculum required for initial certification of a law enforcement officer instruction on the authorized access to and use of personal identification information, as defined in s. 817.568(1)(f), contained in electronic databases us…

Fla. Stat. § 943.17191 Continued employment training relating to the use of electronic databases

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The commission shall by rule require that each law enforcement officer receive, as part of the 40 hours of required instruction for continued employment or appointment as an officer, instruction on the authorized access to and use of personal identification information, as define…

Fla. Stat. § 943.172 Basic skills training in victims assistance and rights

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The commission shall establish standards for instruction of law enforcement officers in the subject of victims assistance and rights. Every basic skills course required in order for law enforcement officers, probation officers, and other appropriate correctional staff to obtain i…

Fla. Stat. § 943.1724 Sexual assault investigation training

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(1) By July 1, 2022, each basic skills course required for a law enforcement officer to obtain initial certification must incorporate culturally responsive, trauma-informed training on interviewing sexual assault victims and investigations of incidents of sexual assault.(2) By Ju…

Fla. Stat. § 943.1725 Basic skills training on human immunodeficiency virus infection and acquired immune deficiency syndrome

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The commission shall establish standards for instruction of law enforcement officers in the subject of human immunodeficiency virus infection and acquired immune deficiency syndrome. Instruction shall include information of known modes of transmission and methods of controlling a…

Fla. Stat. § 943.1726 Continued employment training relating to diabetic emergencies

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The department shall establish an online continued employment training component relating to diabetic emergencies. The training component shall include, but need not be limited to, instruction on the recognition of symptoms of such an emergency, distinguishing such an emergency f…

Fla. Stat. § 943.17261 Department of Law Enforcement; training related to medical use of marijuana

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1The Department of Law Enforcement shall develop a 4-hour online initial training course, and a 2-hour online continuing education course, which shall be made available for use by all law enforcement agencies in this state. Such training shall cover the legal parameters of mariju…

Fla. Stat. § 943.1727 Employment training relating to autism spectrum disorder

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(1) As used in this section, the term:(a) “Agency” means the ability to make independent decisions and act in one’s own best interests.(b) “Autism spectrum disorder” has the same meaning as in s. 627.6686(2).(2) The commission shall establish an employment training component rela…

Fla. Stat. § 943.1728 Basic skills training relating to the protection of archaeological sites

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The commission shall establish standards for instruction of law enforcement officers in the subject of skills relating to the protection of archaeological sites and artifacts. In developing such standards and skills, the commission shall consult with representatives of the follow…

Fla. Stat. § 943.1729 Skills training relating to community policing

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(1) DEFINITION.—As used in this section, “community policing” means a policing technique or strategy as defined in s. 163.340.(2) BASIC SKILLS COURSE.—The Criminal Justice Standards and Training Commission may incorporate community policing concepts into the course curriculum req…

Fla. Stat. § 943.17291 Basic skills training in juvenile sexual offender investigation

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The commission shall incorporate juvenile sexual offender investigation instruction into the course curriculum required for a law enforcement officer to obtain initial certification.History.—s. 6, ch. 98-158.

Fla. Stat. § 943.17295 Continued employment training relating to juvenile sexual offender investigation

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The commission shall incorporate the subject of sexual abuse and assault investigation, with an emphasis on cases involving child victims or juvenile offenders, into the curriculum required for continuous employment or appointment as a law enforcement officer.History.—s. 7, ch. 9…

Fla. Stat. § 943.17296 Training in identifying and investigating elder abuse and neglect

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Each certified law enforcement officer must successfully complete training on identifying and investigating elder abuse and neglect as a part of the basic recruit training of the officer required in s. 943.13(9) or continuing education under s. 943.135(1) before June 30, 2011. Th…

Fla. Stat. § 943.17297 Training in identifying and investigating human trafficking

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Each certified law enforcement officer must successfully complete 4 hours of training in identifying and investigating human trafficking as part of the basic recruit training of the officer required in s. 943.13(9) or additional training required in s. 943.131(4). The training mu…

Fla. Stat. § 943.17298 Training in the recognition of and responses to head trauma and brain injury in a child under 6 years of age

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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 6 years of age to aid an officer in the detection of head trauma and brain injury due to child …