This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS
BILL #: CS/HB 3 Law Enforcement
SPONSOR(S): Appropriations Committee, Leek and others
TIED BILLS: IDEN./SIM. BILLS:
FINAL HOUSE FLOOR ACTION: 114 Y’s
3 N’s GOVERNOR’S ACTION: Pending
SUMMARY ANALYSIS
CS/HB 3 passed the House on February 16, 2022. The bill was amended in the Senate on March 10, 2022,
and returned to the House. The House concurred in the Senate amendment and subsequently passed the bill
as amended on March 10, 2022.
Law enforcement agencies across the United States, including Florida, have reported difficulty in attracting and
retaining qualified law enforcement officers. Understaffed law enforcement agencies endanger public safety by
increasing response times to emergency calls, hindering the ability to solve crimes, and negatively impacting
the morale of law enforcement officers who are currently employed.
The bill provides law enforcement agencies with additional tools to bolster the recruitment and retention of
qualified officers by providing financial incentives, enhanced training, expanded educational opportunities, and
recognition that honors law enforcement officers’ service to the state of Florida. The bill:
Creates the Florida Law Enforcement Recruitment Bonus Program to provide one-time bonus
payments of up to $5,000 to newly employed law enforcement officers in Florida;
Creates the Florida Law Enforcement Academy Scholarship Program to cover tuition, fees, and up to
$1,000 of eligible education expenses for trainees enrolled in a law enforcement officer basic recruit
training program;
Creates a reimbursement program to pay for up to $1,000 of equivalency training costs for certified law
enforcement officers who relocate to Florida or members of the special operations forces who become
full-time law enforcement officers in Florida;
Provides law enforcement officers who adopt a child from within the state child welfare system with a
$25,000 benefit for adopting a child with special needs or a $10,000 benefit for adopting a child without
special needs;
Makes dependent children of law enforcement officers eligible to receive a Family Empowerment
Scholarship to attend a private school;
Increases the base salary for each county sheriff by $5,000;
Clarifies that a sheriff may transfer funds between fund and functional categories and object and
subobject code levels after his or her budget has been approved by the board of county commissioners
or budget commission;
Exempts veterans and applicants with an associate degree or higher from taking the basic skills test as
a prerequisite to entering a law enforcement officer basic recruit training program;
Requires the Criminal Justice Standards and Training Commission to develop, and law enforcement
officers to receive as part of their initial certification training and continued employment training, training
in health and wellness principles;
Allows law enforcement officers or former law enforcement officers to receive postsecondary credit at
Florida public postsecondary educational institutions for training and experience acquired while serving;
Encourages each district school board to establish public safety telecommunication training programs
and law enforcement explorer programs in public schools; and
Designates May 1 of each year as “Law Enforcement Appreciation Day.”
The bill will have an indeterminate fiscal impact on state and local governments.
Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2022.
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I. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES:
Background
Law enforcement agencies across the United States have reported difficulty in attracting and retaining
qualified law enforcement officers.
1
According to a 2019 survey conducted by the International
Association of Chiefs of Police, 78 percent of law enforcement agencies experienced difficulty in
recruiting qualified candidates, 50 percent of agencies reported having to change employment policies
in order to expand the pool of eligible recruits, and 25 percent reported having to reduce or eliminate
certain law enforcement services or units due to staffing difficulties.
2
The emergence of COVID-19 in early 2020 only exacerbated the difficulty in recruiting law enforcement
officers. In a survey conducted in September 2020, the number of law enforcement agencies reporting
difficulty in recruiting qualified officers jumped to 86 percent.
3
Law enforcement agencies have reported
a variety of reasons for the difficulty in maintaining full staffing levels, including the negative public
perception of law enforcement officers, an increase in retirements, decreased interest in law
enforcement careers, the economy and availability of open positions in other occupations, and the
lengthy background check and hiring process.
4
Although law enforcement agencies have attempted to
address the problem in a variety of ways, such as by offering hiring incentives, relaxing automatic
candidate disqualifiers, providing more flexible work schedules, increasing fringe benefits, and
expanding recruitment campaigns, many agencies are still unable to recruit enough qualified officers.
5
Financial Incentives
Florida Law Enforcement Recruitment Bonus Payment Program
Background
In an effort to reduce staffing shortages, many law enforcement agencies offer financial incentives to
recruit new law enforcement officers.
6
For example, the Orange County Sheriff’s Office is offering a
$2,500 signing bonus for candidates with two or more years of full-time law enforcement experience
and a $1,500 signing bonus for all other candidates.
7
In an attempt to attract new officers, the City of Ft.
Myers is offering relocation assistance of up to $5,000 for out-of-state candidates and up to $3,000 for
in-state candidates, as well as a $1,000 signing bonus for newly hired officers.
8
Effect of the Bill – Florida Law Enforcement Recruitment Bonus Payment Program
The bill creates s. 445.08, F.S., to establish the Law Enforcement Recruitment Bonus Payment
Program (Bonus Program) within the Florida Department of Economic Opportunity (DEO). The bill
provides the Bonus Program is created to administer one-time bonus payments of up to $5,000 to
newly employed officers in Florida, subject to legislative appropriation. The bill defines a “newly
1
International Association of Chiefs of Police, The State of Recruitment: A Crisis for Law Enforcement,
https://www.theiacp.org/sites/default/files/239416_IACP_RecruitmentBR_HR_0.pdf (last visited Mar. 15, 2022).
2
Id.
3
Eric Glasser, Study finds 86% of police departments experiencing staffing shortages, WTSP (Sept. 16, 2020),
https://www.wtsp.com/article/news/local/study-finds-86-of-police-departments-experiencing-shortages/67-cd4f8f7c-1d5e-4840-b0b4-
53614530249e (last visited Mar. 15, 2022).
4
Id.
5
International Association of Chiefs of Police, supra note 1.
6
Id.
7
Florida Sheriffs Association, Deputy Sheriff – Patrol (FL Certified Law Enforcement Officer), https://flsheriffsjobs.org/jobs/view/deputy-
sheriff-patrol-fl-certified-law-enforcement-officer/49900014/ (last visited Mar. 15, 2022).
8
Florida Police Chiefs Association, Certified (FL) Police Officer, https://fpca.com/certified-fl-police-officer-fort-myers-police/ (last visited
Mar. 15, 2022).
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employed officer” as a person who gains or is appointed to full-time employment as a certified law
enforcement officer with a Florida criminal justice employing agency on or after July 1, 2022, and who
has never before been employed as a law enforcement officer in this state.
The bill requires bonus payments to be prorated based on the funds appropriated by the Legislature for
the Bonus Program. The bill requires the DEO to develop an annual plan for administering the Bonus
Program and distributing bonus payments to eligible officers. At a minimum, DEO’s annual plan must
include:
The method for determining the estimated number of newly employed officers to gain or be
appointed to full-time employment during the applicable fiscal year.
The minimum eligibility requirements a newly employed officer must meet to receive and retain
a bonus payment, which must include:
o Obtaining certification as a law enforcement officer.
o Gaining full-time employment with a Florida criminal justice agency.
o Maintaining continuous full-time employment with one or more Florida criminal justice
agencies for at least two years from the date on which the officer obtained certification,
provided that an officer employed by more than one criminal justice agency may not have
a break in service longer than 15 days when transitioning between employers.
The method that will be used to determine the bonus payment amount to be distributed to each
newly employed officer.
The method that will be used to distribute bonus payments to employing law enforcement
agencies for distribution to eligible officers.
The estimated cost to DEO associated with developing and administering the program and
distributing bonus payment funds.
The method by which an officer must reimburse the state if he or she received a bonus payment
but failed to maintain continuous employment for the required two-year period. An officer is not
required to reimburse the state if he or she is discharged from employment with a law
enforcement agency for any reason other than misconduct.
The bill requires DEO to submit the annual plan to the Executive Office of the Governor’s Office of
Policy and Budget, the chair of the Senate Appropriations Committee, and the chair of the House of
Representatives Appropriations Committee by October 1 of each year. The bill authorizes DEO to
submit budget amendments as necessary to release funds appropriated for the Bonus Program to
criminal justice employing agencies.
The Bonus Program expires on July 1, 2025.
Florida Law Enforcement Academy Scholarship Program
Background
Prior to being certified as a law enforcement officer in Florida, a person must complete a basic recruit
training program unless he or she can claim an exemption.
9
A trainee may either pay the costs of
tuition out-of-pocket, or, under s. 943.16, F.S., an employing agency
10
may sponsor a trainee to pay the
costs of his or her tuition.
11
A trainee who is sponsored by an employing agency is required to maintain
employment with that agency for at least two years after graduation from the basic recruit training
9
S. 943.13(9), F.S. See Equivalency Training Reimbursement, infra.
10
“Employing agency” means any agency or unit of government or any municipality or the state or any political subdivision thereof, or
any agent thereof, which has constitutional or statutory authority to employ or appoint persons as officers. The term also includes any
private entity which has contracted with the state or county for the operation and maintenance of a nonjuvenile detention facility.
S. 943.10(4), F.S.
11
S. 943.16(1), F.S.
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program.
12
In most cases, if a trainee fails to maintain employment for the two-year period, he or she is
required to reimburse the employing agency for the full cost of tuition and other course expenses.
13
Effect of the Bill – Florida Law Enforcement Academy Scholarship Program
The bill creates s. 1009.896, F.S., which, beginning with the 2022-2023 academic year, creates the
Florida Law Enforcement Academy Scholarship Program (Scholarship Program). The bill requires the
Scholarship Program to be administered by the Department of Education (DOE), in consultation with
the Florida Department of Law Enforcement (FDLE), according to the rules and procedures established
by the State Board of Education. The bill requires scholarships to be awarded on a first-come, first-
served basis based on the date DOE receives each completed application. Scholarships are contingent
upon an appropriation by the Legislature. To be eligible for a scholarship, a trainee must:
Be enrolled at a basic recruit training program approved by the Criminal Justice Standards and
Training Commission (CJSTC) at a Florida College System institution or school district technical
center.
Not be sponsored by an employing agency to cover the costs of training.
The bill provides for a scholarship award in an amount equal to the costs and fees which are necessary
to complete the basic recruit training program, less any state financial aid received by a trainee. A
nonresident may apply for a scholarship, but the bill prohibits such an award from including the
additional out-of-state student fee. In addition to tuition and costs, a trainee is also eligible for up to
$1,000 for educational expenses, including the officer certification examination fee, textbooks, uniforms,
ammunition, required insurance, and any other costs or fees for consumable materials required to
complete the basic recruit training program.
Equivalency Training Reimbursement
Background
A person may be exempt from completing all or part of a law enforcement officer basic recruit training
program if he or she:
Has completed a comparable basic recruit training program in another state or with the Federal
Government and served as a full-time sworn officer in another state for at least one year,
provided he or she has no more than an eight-year break in employment;
Served in the special operations forces
14
for a minimum of five years, provided he or she has no
more than a four-year break from special operations service; or
Was previously certified as a law enforcement officer in Florida but is on inactive status and he
or she has more than a four-year break in service, but no more than an eight-year break in
service.
15
To claim an exemption, a person must document the reason he or she is requesting an exemption on
an FDLE-issued form and submit the form to his or her employing agency, training center, or criminal
justice selection center for initial verification.
16
The form is then forwarded to the CJSTC for final
12
S. 943.16(2), F.S.
13
Id. A trainee is not required to reimburse the employing agency if he or she terminates employment with the employing agency and
resigns his or her law enforcement certification or if the trainee terminates employment due to hardship or extenuating circumstances.
Ss. 943.16(6) and (7), F.S.
14
“Special operations forces” means those active and reserve component forces of the military services designated by the Secretary of
Defense and specifically organized, trained, and equipped to conduct and support special operations. The term includes, but is not
limited to, servicemembers of the United States Army Special Forces and the United States Army 75th Ranger Regiment; the United
States Navy SEALs and Special Warfare Combatant-Craft Crewmen; the United States Air Force Combat Control, Pararescue, and
Tactical Air Control Party specialists; the United States Marine Corps Critical Skills Operators; and any other component of the United
States Special Operations Command approved by the commission. S. 943.10(22), F.S.
15
Ss. 943.13(8) and 943.131(2)(a), F.S.
16
S. 943.131(2), F.S.
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approval.
17
If a person receives an exemption from basic recruit training, he or she has one year to
complete any additional required training, to demonstrate proficiency in high-liability training areas,
18
and to pass the officer certification examination.
19
Effect of the Bill – Equivalency Training Reimbursement
The bill creates s. 1009.8961, F.S., which, beginning with the 2022-2023 academic year, requires DOE,
in consultation with FDLE, to reimburse the costs of equivalency training for certified law enforcement
officers from other states who relocate to Florida and members of the special operations forces who are
transitioning into service as full-time law enforcement officers. To be eligible for such reimbursement,
an applicant’s employing agency must certify that he or she:
Qualifies for an exemption from the basic recruit training program.
Is not sponsored by the employing agency to cover the cost of equivalency training.
The bill provides that applicants may be reimbursed up to $1,000 for eligible expenses, contingent upon
appropriation by the Legislature. Reimbursement is awarded on a first-come, first-served basis for costs
or fees incurred by an applicant for:
Equivalency assessment tests.
Equivalency training.
The law enforcement officer certification examination.
Adoption Benefits
Background
Section 409.1664, F.S., provides a one-time, lump-sum monetary benefit to a qualifying adoptive
employee,
20
veteran,
21
or servicemember
22
who adopts a child within Florida’s child welfare system
23
of
$10,000 for adopting a child who has special needs
24
or $5,000 for adopting a child who does not have
special needs.
17
Id.
18
High-liability training areas include firearms, defensive tactics, vehicle operations, and first aid. R. 11B-35.0021, F.A.C.
19
S. 943.131(4), F.S.
20
“Qualifying adoptive employee” means a full-time or part-time employee of a state agency, a charter school established under
s. 1002.33, F.S., or the Florida Virtual School established under s. 1002.37, F.S., who is not an independent contractor and who adopts
a child within the child welfare system pursuant to ch. 63, F.S., on or after July 1, 2015. The term includes instructional personnel, as
defined in s. 1012.01, F.S., who are employed by the Florida School for the Deaf and the Blind, and includes other-personal-services
employees who have been continuously employed full time or part time by a state agency for at least one year. S. 409.1664(1)(b), F.S.
21
“Veteran” means a person who served in the active military, naval, or air service and who was discharged or released under
honorable conditions only or who later received an upgraded discharge under honorable conditions, notwithstanding any action by the
United States Department of Veterans Affairs on individuals discharged or released with other than honorable discharges. To receive
benefits as a wartime veteran, a veteran must have served in a campaign or expedition for which a campaign badge has been
authorized or during a specified period of wartime service. S. 1.01(14), F.S.
22
“Servicemember” means any person serving as a member of the United States Armed Forces on active duty or state active duty and
all members of the Florida National Guard and United States Reserve Forces. S. 250.01(19), F.S.
23
“Child within the child welfare system” means a special needs child and any other child who was removed from the child's caregiver
due to abuse or neglect and whose permanent custody has been awarded to the department or to a licensed child-placing agency.
S. 409.166(2)(c), F.S.
24
For purposes of the adoption benefit program, a child who has special needs is:
A child whose permanent custody has been awarded to the Department of Children and Families or to a licensed child-placing
agency; and
Who has established significant emotional ties with his or her foster parents or is not likely to be adopted because he or she is:
o Eight years of age or older;
o Developmentally disabled;
o Physically or emotionally handicapped;
o Of black or racially mixed parentage; or
o A member of a sibling group of any age, provided two or more members of a sibling group remain together for purposes of
adoption; and
For whom a reasonable but unsuccessful effort has been made to place the child without providing a maintenance subsidy, except
when the child is being adopted by the child’s foster parents or relative caregivers. S. 409.166(2), F.S.
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Adoption benefits are awarded on a first-come, first-served basis and subject to appropriation by the
Legislature.
25
To obtain the adoption benefit, a qualifying adoptive employee must apply to his or her
agency head or to his or her school director.
26
A veteran or servicemember must apply directly to the
Department of Children and Families to receive the benefit.
27
Effect of the Bill – Adoption Benefits
The bill amends s. 409.1664, F.S., to make a law enforcement officer
28
who is domiciled in Florida
eligible, for adoptions occurring on or after July 1, 2022, for a benefit of $25,000 for adopting a child
who has special needs or $10,000 for adopting a child who does not have special needs from within the
child welfare system. The bill requires a law enforcement officer to apply to FDLE to obtain the adoption
benefit.
Sheriff Salaries
Background
Article VIII, section 1(d) of the Florida Constitution establishes the offices of sheriff, tax collector,
property appraiser, supervisor of elections, and clerk of the circuit court in each county. Article II,
section 5(c) of the Florida Constitution provides that the powers, duties, compensation, and method of
payment of state and county officers, including the sheriff, shall be fixed by law. Section 145.071, F.S.,
provides a schedule for calculating the salary of each sheriff based on county population as follows:
Population
Group
County Population Range
Base Salary Group Rate
Minimum Maximum
I 0 49,999 $23,350 $0.07875
II 50,000 99,999 $26,500 $0.06300
III 100,000 199,999 $29,650 $0.02625
IV 200,000 399,999 $32,275 $0.01575
V 400,000 999,999 $35,425 $0.00525
VI 1,000,000 – $38,575 $0.00400
A sheriff’s salary is calculated by adjusting the base salary for a sheriff’s county to reflect the actual
population within the given range,
29
then, to account for inflation, multiplying the result by several
factors that are provided in statute.
30
The compensation requirements apply to sheriffs in all counties of the state, except those sheriffs from
counties:
Whose salaries are not subject to being set by the Legislature because of the provisions of a
county home rule charter;
31
or
25
Ss. 409.1664(2)(c) and (3), F.S.
26
S. 409.1664(3), F.S.
27
Id.
28
“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 authority to bear arms and make arrests; and whose primary responsibility is the
prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. This definition includes
all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and
management responsibilities of full-time law enforcement officers, part-time law enforcement officers, or auxiliary law enforcement
officers but does not include support personnel employed by the employing agency. S. 943.10(1), F.S. This definition applies to the
term “law enforcement officer” as used in CS/HB 3 and in this analysis.
29
The base salary is adjusted by multiplying the appropriate group rate by the population in excess of the minimum for the population
group. The result is added to the base salary for the population group. S. 145.071, F.S.
30
S. 145.19, F.S.
31
There are currently 20 charter counties in Florida: Alachua, Brevard, Broward, Charlotte, Clay, Columbia, Hillsborough, Lee, Leon,
Miami-Dade, Orange, Osceola, Palm Beach, Pinellas, Polk, Sarasota, Seminole, Volusia, and Wakulla. Florida Association of Counties,
Charter County Information, https://www.fl-counties.com/charter-county-information (last visited Mar. 15, 2022).
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With a consolidated form of government as provided in ch. 67-1320, Laws of Fla. (Duval
County).
32
Effect of the Bill – Sheriff Salaries
The bill increases the base salary for a sheriff in each of the six population groups by $5,000 as follows:
Population
Group
County Population Range
Base Salary Group Rate
Minimum Maximum
I 0 49,999 $28,350 $0.07875
II 50,000 99,999 $31,500 $0.06300
III 100,000 199,999 $34,650 $0.02625
IV 200,000 399,999 $37,275 $0.01575
V 400,000 999,999 $40,425 $0.00525
VI 1,000,000 – $43,575 $0.00400
Law Enforcement Training and Education Requirements
Basic Recruit Training Program Entry Requirements
Background
The CJSTC was established for the purpose of ensuring criminal justice officers in Florida are ethical,
qualified, and well-trained.
33
The CJSTC is comprised of:
Three sheriffs.
Three chiefs of police.
Five law enforcement officers who are neither sheriffs nor chiefs, who are the rank of sergeant
or below.
Two correctional officers, one of which is an administrator of a state correctional institution and
one who is of the rank of sergeant or below.
One Florida resident who falls into none of the above categories.
The Attorney General or his or her designated proxy.
The Secretary of the Department of Corrections or his or her designated proxy.
The Director of the Florida Highway Patrol.
34
The primary responsibilities of the CJSTC are to:
Establish uniform minimum standards for employment and training of full-time, part-time, and
auxiliary law enforcement, correctional officers, and correctional probation officers.
Establish and maintain officer training programs, curricula requirements, and certification of
training schools and training school instructors.
Certify officers who complete a Florida basic recruit training program, or who are diversely
qualified through experience and training, and who meet minimum employment standards.
Review and administer appropriate administrative sanctions in instances when an officer, a
training school instructor, or a training school is found in violation of law or CJSTC standards.
Promulgate rules and procedures to administer the requirements of ss. 943.085–943.257, F.S.,
relating to standards and training for officers.
Conduct studies of compensation, education, and training for the correctional, correctional
probation, and law enforcement disciplines.
Maintain a central repository of records of all certified officers.
32
S. 145.012, F.S.
33
Florida Department of Law Enforcement, Criminal Justice Standards & Training Commission,
https://www.fdle.state.fl.us/CJSTC/Commission/CJSTC-Home.aspx (last visited Mar. 15, 2022).
34
S. 943.11, F.S.
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Conduct quarterly meetings to discuss issues and approve rules that relate to officer standards
and training.
Develop, maintain, and administer the State Officer Certification Examination for criminal justice
officers.
35
As part of its responsibility in establishing training standards for law enforcement officers, the CJSTC is
required to design, implement, maintain, evaluate, and revise entry requirements for the basic recruit
training program.
36
Section 943.17(1)(g), F.S., requires the CJSTC to limit entry to basic recruit training
programs to those persons who have passed a basic skills examination and assessment instrument,
commonly referred to as the Basic Abilities Test (BAT).
37
Out-of-state law enforcement officers, federal
officers, certain members of the special operations forces, and previously certified Florida law
enforcement officers may qualify for an exemption from the BAT as part of the equivalency of training
process.
38
The BAT is a 97 question, 90 minute examination that measures “minimum competencies” as adopted
by the CJSTC in three sections: behavioral attributes, memorization, and cognitive abilities.
39
A
candidate must receive a score of 70 or higher across all three sections of the BAT to pass the
examination.
40
According to FDLE, the pass rate for the law enforcement BAT from FY 2016-17 – FY
2020-21 is 88.31 percent.
41
Effect of the Bill – Basic Recruit Training Program Entry Requirements
The bill amends s. 943.17, F.S., to exempt a person who is a veteran
42
or who holds an associate
degree or higher from an accredited college or university from taking the BAT prior to enrolling in a
basic recruit training program.
Law Enforcement Training
Background
The basic recruit training program for initial certification as a law enforcement officer is 770 hours and
consists of the following topics:
Introduction to law enforcement;
Legal;
Interactions in a diverse community;
Interviewing and report writing;
Fundamentals of patrol;
Calls for service;
Criminal investigations;
Crime scene to courtroom;
Critical incidents;
Traffic stops;
DUI traffic stops;
35
Id.
36
S. 943.17, F.S.
37
Florida Department of Law Enforcement, Basic Abilities Test (BAT), https://www.fdle.state.fl.us/CJSTC/Officer-Requirements/Basic-
Abilities-Test.aspx (last visited Mar. 15, 2022).
38
S. 943.131(2), F.S. Florida Department of Law Enforcement, Equivalency of Training, http://www.fdle.state.fl.us/CJSTC/Officer-
Requirements/Equivalency-of-Training.aspx (last visited Mar. 15, 2022).
39
Pearson VUE, The FDLE Basic Abilities Test Exam, https://home.pearsonvue.com/fdle/bat (last visited Mar. 15, 2022).
40
Pearson VUE, Exam Description, https://home.pearsonvue.com/getattachment/7093b7e6-bd7f-4f5a-8f93-df30ae23f60a/
Florida%20Department%20of%20Law%20Enforcement%20BAT%20Ex am%20Description.aspx (last visited Mar. 15, 2022).
41
Email from Bobbie Smith, Legislative Analyst, Florida Department of Law Enforcement, RE: Basic Abilities Test (Oct. 6, 2021).
42
S. 1.01(14), F.S., supra note 21.
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Traffic crash investigations;
Law enforcement vehicle operations;
First aid for criminal justice officers;
Firearms;
Defensive tactics;
Dart-firing stun gun; and
Criminal justice officer physical fitness training.
43
After an officer obtains initial certification, as a condition of continued employment or appointment as a
law enforcement officer, s. 943.135, F.S., requires the officer to receive at least 40 hours of continued
employment training every four years. Current law requires CJSTC to develop continued education
training relating to several topics, such as training for diabetic emergencies,
44
juvenile sexual offender
investigations,
45
and interpersonal skills relating to diverse populations.
46
The employing agency must
document that the continued employment training is job-related and consistent with the needs of the
employing agency and report training completion to CJSTC.
Effect of the Bill – Law Enforcement Training
The bill creates s. 943.1745, F.S., which requires the CJSTC, in consultation with the Florida State
University Institute for Justice Research and Development and the Resiliency Behind the Badge
Training Program,
47
to develop a training program relating to officer health and wellness principles. At a
minimum, such training must include:
Understanding the role secondary trauma and work-related incidents have on an officer’s
personal life;
Methods for identifying and addressing personal and work-related stressors;
Strategies to better understand when to seek professional help and what kind of professional
help to seek; and
Strategies to normalize conversations about stress, trauma, and mental health within the law
enforcement community.
By July 1, 2023, CS/HB 3 requires CJSTC to incorporate a training component relating to officer health
and wellness principles into the course curriculum required for a law enforcement officer to obtain his or
her initial certification and as part of the 40 hours of required instruction for continued employment or
appointment as a law enforcement officer.
Education
Family Empowerment Scholarship Program
Background
The Family Empowerment Scholarship (FES) Program was established in 2019 to provide educational
options to eligible children of families with limited financial resources (known as FES-Educational
Options or EO).
48
For the 2019-2020 school year, 18,000 scholarships were awarded. Beginning in the
43
Florida Department of Law Enforcement, Florida Law Enforcement Academy (Version 2020.07) #2000,
http://www.fdle.state.fl.us/CJSTC/Curriculum/Active-Courses/2010.aspx (last visited Mar. 15, 2022).
44
S. 943.1726, F.S.
45
S. 943.17295, F.S.
46
S. 943.1716, F.S.
47
The “Resiliency Behind the Badge” training program, developed by Florida State University’s Institute for Justice Research and
Development, is a self-paced, interactive, online training program specifically designed to assist law enforcement officers in gaining “a
deeper understanding of how their mind and body react to on-the-job stress and learn actionable steps they can take to manage that
stress.” Florida State University Institute for Justice Research and Development, Resiliency Behind the Badge,
https://ijrd.csw.fsu.edu/resiliency-behind-badge (last visited Mar. 15, 2022).
48
S. 1002.394(1), F.S.
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2020-2021 school year, the maximum number of students participating in the FES-EO Program may
annually increase by 1 percent of the state’s total public school enrollment.
49
Beginning in the 2021-
2022 school year, a scholarship recipient meeting one of the statutorily-identified criteria is excluded
from the maximum number of students allowed to participate.
50
A student is eligible for the FES-EO Program if the student:
Is on the direct certification list
51
or the student’s household income level does not exceed 185
percent of the federal poverty level;
Is currently placed, or during the previous state fiscal year was placed, in foster care or in out-
of-home care;
Has a household income level that does not exceed 375 percent of the federal poverty level or
an adjusted maximum percent of the federal poverty level that is increased by 25 percentage
points in the fiscal year following any fiscal year in which more than five percent of the
authorized FES scholarships have not been funded;
Is a sibling of a student who is participating in the FES-EO Program and such siblings reside in
the same household; or
Is a dependent child of a member of the United States Armed Forces.
52
A student must use FES-EO Program funds to pay tuition and fees at an eligible private school or to
pay for transportation to a public school or lab school that is different from the school to which the
student is assigned.
53
Scholarship awards remain in effect until a student returns to a public school,
graduates from high school, or reaches the age of 21, whichever occurs first.
54
Beginning in the 2021-2022 school year, the FES Program was expanded to include existing
scholarship programs for students with disabilities (known as FES-Unique Abilities or UA).
55
For the
2021-2022 school year, scholarships for up to 20,000 students can be awarded, and beginning in the
2022-2023 school year, the maximum number of students with disabilities participating in the FES-UA
Program may annually increase by 1 percent or the state’s total exceptional student education
enrollments. Certain statutorily-identified students are excluded from the maximum number of students
participating in the FES-UA Program.
Effect of the Bill – Family Empowerment Scholarship Program
For the FES-EO Program, the bill expands eligibility to include dependent children of law enforcement
officers. The bill also excludes dependent children of law enforcement officers from the maximum
number of students participating in both the FES-EO and FES-UA Programs.
College Credit for Law Enforcement Training
Background
Section 1004.096, F.S., requires the Board of Governors to adopt regulations and the State Board of
Education to adopt rules to create a process to allow eligible servicemembers or veterans of the United
States Armed Forces to earn postsecondary credit across all Florida public postsecondary educational
institutions for college-level training and education acquired in the military. These regulations and rules
49
S. 1002.394(12)(a)1, F.S.
50
Id.
51
“Direct certification list” means the certified list of children who qualify for the food assistance program, the Temporary Assistance to
Needy Families Program, or the Food Distribution Program on Indian Reservations provided to the Department of Education by the
Department of Children and Families. S. 1002.395(2)(c), F.S.
52
S. 1002.394(3)(a), F.S.
53
S. 1002.394(4)(a), F.S.
54
S. 1002.394(5)(a), F.S.
55
Ch. 2021-27, Laws of Fla.
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include procedures for credential evaluation and the uniform award of postsecondary credit or career
education clock hours, including, but not limited to, equivalency and alignment of military coursework
with appropriate postsecondary courses and course descriptions.
56
State universities, Florida College
System institutions, and career centers are required to award postsecondary credit or career education
clock hours for courses taken and occupations held by individuals during their service in the military
based on the rules and regulations adopted by the Board of Governors and the State Board of
Education.
57
Effect of the Bill – College Credit for Law Enforcement Training
The bill creates s. 1004.098, F.S., which requires the Board of Governors and the State Board of
Education to adopt rules to create a process to allow eligible law enforcement officers or former law
enforcement officers to earn postsecondary credit across all Florida public postsecondary educational
institutions for college-level training and education acquired while serving as a law enforcement officer.
Such regulations and rules must include procedures for credential evaluation and the uniform award of
postsecondary credit or career education clock hours, including, but not limited to, equivalency and
alignment of law enforcement training with appropriate postsecondary courses and course descriptions.
The bill requires the Articulation Coordinating Committee
58
(ACC) to convene a workgroup by
September 1, 2022 to develop a process for determining postsecondary course equivalencies and the
minimum postsecondary credit or career education clock hours that must be awarded for law
enforcement training and experience. The workgroup is composed of the following 14 members:
The chair of the ACC, or his or her designee, who shall serve as chair.
Four members representing academic affairs administrators and faculty from state universities,
appointed by the chair of the Board of Governors.
Four members representing academic affairs administrators and faculty from Florida College
System institutions, appointed by the chair of the State Board of Education.
Two members representing faculty from career centers, appointed by the State Board of
Education.
A representative from the Florida Sheriffs Association.
A representative from the Florida Police Chiefs Association.
A representative from the Criminal Justice Standards and Training Commission.
The workgroup must provide recommendations to the Board of Governors and the State Board of
Education by March 1, 2023. The bill requires the ACC to approve and annually update a prioritized list
of postsecondary course equivalencies and the minimum postsecondary credit or career education
clock hours that must be awarded for law enforcement training and experience. The bill requires State
universities, Florida College System institutions, and career centers to award postsecondary credit or
career education clock hours for law enforcement training and experience based on the rules and
regulations adopted by the Board of Governors and the State Board of Education.
56
S. 1004.096(1), F.S.
57
S. 1004.096(2)(f), F.S.
58
The Articulation Coordinating Committee (ACC) is a K-20 advisory body appointed by the Commissioner of Education. It is comprised
of representatives from all levels of public and private education: the State University System, the Florida College System (FCS),
independent postsecondary institutions, public schools, nonpublic schools, and career centers. There is also an additional member
representing students. Florida Department of Education, Articulation Coordinating Committee,
http://www.fldoe.org/policy/articulation/committees/articulation-coordinating-committee-ov/meetings.stml (last visited Mar. 15, 2022).
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Public Safety Training in Public Schools
911 Public Safety Telecommunication Training Programs
Background
Section 401.465(2)(a), F.S., requires any person employed as a 911 public safety telecommunicator to
be certified by the Department of Health (DOH). A “911 public safety telecommunicator” is a public
safety dispatcher or 911 operator whose duties and responsibilities include:
The answering, receiving, transferring, and dispatching functions related to 911 calls;
Dispatching law enforcement officers, fire rescue services, emergency medical services, and
other public safety services to the scene of an emergency;
Providing real-time information from federal, state, and local crime databases; or
Supervising or serving as the command officer to a person or persons having such duties and
responsibilities.
59
To be certified as a 911 public safety telecommunicator, a person must:
Complete a 911 public safety telecommunication training program;
60
Certify that he or she is not addicted to alcohol or any controlled substance;
Certify that he or she is free from any physical or mental defect that might impair the person’s
ability to perform his or her duties; and
Submit a completed application and application fee to DOH.
61
911 public safety telecommunicator training programs are offered by law enforcement and public safety
agencies, Florida College System institutions, technical colleges, and some public high schools.
62
Effect of the Bill – 911 Public Safety Telecommunication Training Programs
The bill encourages each district school board to establish a public safety telecommunication training
program in at least one public high school in a school district or to partner with an existing public safety
telecommunication training program operated by a law enforcement agency or Florida College System
institution. The bill requires a school district to allow a student attending a public high school in the
district to attend a public safety telecommunication training program at another public high school in the
district unless:
The student’s school offers a public safety telecommunication training program;
The student does not meet the minimum enrollment qualifications for the public safety
telecommunication training program; or
Scheduling of the student’s courses of study does not allow the student to attend the public
safety telecommunication training program at another public high school in the district.
Law Enforcement Explorer Programs
Background
59
The term does not include administrative support personnel, including, but not limited to, those whose primary duties and
responsibilities are in accounting, purchasing, legal, and personnel. S. 401.465(1)(a), F.S.
60
“Public safety telecommunication training program” means a 911 emergency public safety telecommunication training program that
[DOH] determines to be equivalent to the public safety telecommunication training program curriculum framework developed by the
Department of Education and consists of not less than 232 hours. S. 401.465(1)(c), F.S.
61
S. 401.465(2)(d), F.S.
62
Florida Department of Health, License Verification, https://mqa internet.doh.state.fl.us/MQASearchServices/
HealthCareProviders/IndexPaged?page=1 (last visited Mar. 15, 2022).
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Law enforcement Explorer programs provide young adults between the ages of 14 and 21 with the
opportunity to receive experience and training in the law enforcement profession.
63
Participants in
Explorer programs receive training in the basics of law enforcement, including patrol procedures, traffic
control, firearm safety, first aid, and radio procedures.
64
Explorers also may assist certified law
enforcement officers in controlled settings, such as assisting with crowd control at parades and athletic
events.
65
In Florida, Explorer programs are offered by both sheriff’s offices and municipal police
departments.
Effect of the Bill – Law Enforcement Explorer Programs
The bill encourages each district school board to partner with a law enforcement agency to offer a law
enforcement Explorer program at public middle and high schools, either by integrating the Explorer
program into existing curriculum or by offering an Explorer program as an elective course or an after-
school activity. The bill requires a district school board to award course credit if an Explorer program is
offered as an elective course.
Sheriff’s Budget Authority
Background
Each sheriff must annually prepare and submit to the board of county commissioners a 2022 budget for
carrying out the powers, duties, and operations of the office for the next fiscal year.
66
The sheriff must
submit a sworn certificate along with the proposed budget stating that the proposed expenditures are
reasonable and necessary for the proper and efficient operation of the office for the next fiscal year.
67
The proposed budget must show the estimated amounts of all proposed expenditures for operating and
equipping the sheriff’s office and jail, and must be categorized at the appropriate fund and functional
level.
68
The fund or functional level is the broadest category within the sheriff’s budget (includes general
law enforcement, corrections and detention alternative facilities, court services). Within the appropriate
fund and functional category, expenditures are further itemized into objects, which include:
69
Personnel services;
Operating expenses;
Capital outlay;
Debt service;
Grants and aides; and
Other uses.
If requested by the county, the sheriff must further break down expenses into the subobject level.
70
The
county may not amend, modify, increase, or reduce any expenditure at this subobject level.
71
At a public hearing, the board of county commissioners or the budget commission, as appropriate, may
amend, modify, increase, or reduce any or all items of expenditures in the proposed budget and must
ultimately approve the budget.
72
63
Florida Sheriffs Association, Youth Programs, https://www.flsheriffs.org/law-enforcement-programs/florida-sheriffs-explorer-
association (last visited Mar. 15, 2022).
64
Id.
65
Id.
66
S. 30.49, F.S.
67
S. 30.49(2)(b), F.S.
68
S. 30.49(2), F.S.
69
S. 30.49(2)(c), F.S.
70
S. 30.49(3), F.S.
71
Id.
72
S. 30.49(4), F.S.
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Any county constitutional officer whose budget is approved by the board of county commissioners, who
has not been reelected to office or is not seeking reelection, must be prohibited from making any
budget amendments, transferring funds between itemized appropriations, or expending in a single
month more than one-twelfth of any itemized approved appropriation, following the date he or she is
eliminated as a candidate or October 1, whichever comes later, without approval of the board of county
commissioners.
73
As such, current law provides that when a sheriff is no longer seeking reelection or
has not been reelected, the sheriff loses the ability to transfer funds between itemized appropriations
without approval of the board of county commissioners. Until then, the sheriff appears to retain flexibility
to administer his office within the general parameters of his or her budget.
74
This year, however, the
Florida Supreme Court held that a sheriff must follow the budget amendment process established in
ch. 129, F.S., before transferring funds between objects in his or her budget.
75
Effect of the Bill – Sheriff’s Budget Authority
The bill clarifies that a sheriff may transfer funds between fund and functional categories and object and
subobject code levels after his or her budget has been approved by the board of county commissioners
or budget commission.
Law Enforcement Appreciation Day
Background
In 1972, the Florida Legislature designated the month of May as “Law Enforcement Appreciation
Month.”
76
Under s. 683.11, F.S., “[t]he Governor and the mayor of each municipality may issue annually
a proclamation designating the month of May as ‘Law Enforcement Appreciation Month’ and urging all
civic, fraternal, and religious organizations and public and private educational institutions to recognize
and observe this occasion through appropriate programs, meetings, services, or celebrations in which
state, county, and local law enforcement officers are invited to participate.”
Effect of the Bill – Law Enforcement Appreciation Day
The bill amends s. 683.11, F.S., to designate May 1 of each year “Law Enforcement Appreciation Day,”
in Florida and authorizes the Governor and mayor of each municipality to annually issue such a
proclamation.
Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2022.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
73
S. 129.06(5), F.S.
74
Id., see also ss. 30.15 and 30.53, F.S.
75
Alachua County, FL v. Watson, Jr., No. SC19-2016 (Fla. 2022).
76
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1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
Recruitment Incentive Programs
The General Appropriations Act for Fiscal Year 2022-2023 provides $6.0 million recurring and $20.0
million nonrecurring funds from the General Revenue Fund to implement the recruitment incentive
program provisions included in the bill.
Florida Law Enforcement Recruitment Bonus Program
While it is unclear how many new individuals may be recruited into law enforcement in Florida, law
enforcement data illustrates a five-year average of approximately 2,711 initial law enforcement
certifications annually. Based upon this historical data, a $5,000 bonus payment indicates the state
could expect to expend approximately $13.6 million annually on bonuses for recruitment purposes.
The bill specifies that a one-time bonus payment of up to $5,000 could be provided to newly employed
law enforcement officers within the state contingent upon annual appropriation by the Legislature, and
that payments shall be prorated subject to the amount appropriated for the program. The General
Appropriations Act for Fiscal Year 2022-2023 appropriates $20.0 million in nonrecurring general
revenue funds to administer the Florida Law Enforcement Recruitment Bonus Program.
Additionally, workload created within the Department of Economic Opportunity associated with
administering the program is also indeterminate. However, administering this law enforcement bonus
program can likely be handled within existing resources, similar to how the department has managed
the pandemic first responder’s bonus payment program in Fiscal Year 2021-2022.
Florida Law Enforcement Academy Scholarship Program
The Florida College System (FCS) in-state tuition rate for a postsecondary vocational certificate is
$71.98 per credit hour
77
; additionally, the standard in-state tuition rate for a school district career
certificate is $2.33 per contact hour.
78
On average, FCS and school district technical center basic
recruit training programs are 775 contact hours, or 27 credit hours in duration. This equates to an
average in-state program tuition cost of $1,943 at a FCS institution and $1,805 at a school district
technical center.
The bill specifies that awarded scholarship amounts are equal to tuition and specified fees, and up to
$1,000 for eligible expenses. Costs associated with out-of-state fees for nonresident trainees are
excluded. Furthermore, the bill provides any potential expenditures for the scholarship program are
contingent upon annual appropriation by the Legislature on a first-come, first-served basis. The
77
S. 1009.23(3)(a), F.S.
78
S. 1009.22(3)(c), F.S.
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General Appropriations Act for Fiscal Year 2022-2023 appropriates $5.0 million in recurring general
revenue funds to administer the Florida Law Enforcement Academy Scholarship Program.
Equivalency Training Reimbursement Program
Equivalency training or assessments conducted at a FCS institution or school district technical center
could be subject to the tuition and fees of the respective postsecondary institution. The State Officer
Certification Examination (SOCE) is administered electronically by a third party contract provider at
authorized testing sites throughout the state. The standard fee for taking the SOCE is $100, plus any
additional fees that may be assessed by individual testing sites.
79
The bill specifies that the reimbursement for equivalency training is contingent upon annual
appropriation by the Legislature. The General Appropriations Act for Fiscal Year 2022-2023
appropriates $1.0 million in recurring general revenue funds to administer the Equivalency Training
Reimbursement Program.
Adoption Benefits
The bill adds law enforcement officers to the list of individuals who may receive an adoption benefit
pursuant to s. 409.1664, F.S. The payment of adoption benefits under s. 409.1664, F.S., is contingent
upon an annual appropriation by the Legislature. The General Appropriations Act for Fiscal Year 2022-
2023 appropriates $8,377,437 in recurring general revenue funds to provide adoption benefits as
currently authorized under s. 409.1664, F.S., and for the newly added benefit for law enforcement
officers as specified in the bill.
Sheriff Salaries
The fiscal impact on counties related to sheriff salary increases is indeterminate. The bill increases
sheriffs’ base salaries by $5,000. The annual salary for each sheriff is based on a statutory formula
contained in ss. 145.071 and 145.19, F.S. In September of each year, the Office of Economic and
Demographic Research issues a report which contains the annual formula-based calculations of the
salaries of elected county constitutional officers.
Law Enforcement Training
FDLE estimates that nonrecurring costs for developing the basic skills and continued education training
required by the bill, as well as nonrecurring updates to the department’s information technology
systems will cost $54,291.
80
However these costs are insignificant and could likely be absorbed within
FDLE’s existing resources.
Family Empowerment Scholarship Program
Expanding the Family Empowerment Scholarship Program will have an indeterminate fiscal impact to
the Florida Education Finance Program (FEFP). The FEFP is the primary funding source for K-12
education in Florida, to include both the FES-EO and FES-UA Programs. It is currently unknown how
many of the 52,383 law enforcement officers
81
currently in Florida may be eligible and enroll his or her
student in either the FES-EO or FES-UA Program. It is also unknown how many of these individuals
already participate in the FES-EO or FES-UA Program. To the extent that law enforcement officers opt
to enroll into the program, the fiscal impact on the FEFP is indeterminate.
79
Florida Department of Law Enforcement, State Officer Certification Exam, http://www.fdle.state.fl.us/CJSTC/Exam/Exam-Home.aspx
(last visited Mar. 15, 2022)
80
Florida Department of Law Enforcement, Agency Analysis of 2022 House Bill 3, p.4 (Jan. 18, 2022)
81
Email from Ron Draa, Chief of Staff, Florida Department of Law Enforcement, RE: State of Florida Law Enforcement Officer Count
(Jan. 28, 2022).
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For each FES-EO scholarship awarded to a dependent child of a law enforcement officer who was not
funded in the FEFP for the 2021-2022 school year or was already participating in the
FES-EO Program, there will be a fiscal impact to the FEFP.
For the FES-UA Program, the bill excludes scholarships awarded to dependent children of law
enforcement officers from the maximum number of allowable participants. It is unclear how many
current FES-UA scholarships would now be excluded from the maximum number participating cap in
addition to how many new FES-UA scholarships will be awarded that are also excluded from the cap.
Both types would have a potential fiscal impact to the FEFP.
College Credit for Law Enforcement Training
The fiscal impact on state funding pertaining to students taking fewer credit or clock hours is
indeterminate. By requiring the Board of Governors to adopt regulations and the State Board of
Education to adopt rules to allow eligible law enforcement officers to earn postsecondary credit for
college-level training and education, the bill could decrease the amount of time and cost for officers to
receive a postsecondary degree. This may result in a slight decrease of tuition and fee revenue for
state postsecondary education entities. Incurred costs resulting from the activities for determining
postsecondary course equivalencies can likely be absorbed by the partnering entities.