Florida Statute 943.13 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 943
DEPARTMENT OF LAW ENFORCEMENT

View Entire Chapter

F.S. 943.13

943.13 Officers’ minimum qualifications for employment or appointment.—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 or after October 1, 1986, any person employed as a full-time, part-time, or auxiliary correctional officer by a private entity under contract to the Department of Corrections or to a county commission shall:

(1) Be at least 19 years of age, except that any person employed as a full-time, a part-time, or an auxiliary correctional officer must be at least 18 years of age.

(2) Be a citizen of the United States, notwithstanding any law of the state to the contrary.

(3) Be a high school graduate or its “equivalent” as the commission has defined the term by rule.

(4) Not have been convicted of any felony or of a misdemeanor involving perjury or a false statement, 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, notwithstanding 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.

(5) Have documentation of his or her processed fingerprints on file with the employing agency or, if a contractor-employed correctional officer, have documentation of his or her processed fingerprints on file with the Department of Corrections or the Criminal Justice Standards and Training Commission. The department shall retain and enter into the statewide automated biometric identification system authorized by s. 943.05 all fingerprints submitted to the department as required by this section. Thereafter, the fingerprints shall be available for all purposes and uses authorized for arrest fingerprints entered in the statewide automated biometric identification system pursuant to s. 943.051. The department shall search all arrest fingerprints received pursuant to s. 943.051 against the fingerprints retained in the statewide automated biometric identification system pursuant to this section and report to the employing agency any arrest records that are identified with the retained employee’s fingerprints. These fingerprints must be forwarded to the department for processing and retention.

(6) Have passed a physical examination by a licensed physician, physician assistant, or licensed advanced practice registered nurse, based on specifications established by the commission. In order to be eligible for the presumption set forth in s. 112.18 while employed with an employing agency, a law enforcement officer, correctional officer, or correctional probation officer must have successfully passed the physical examination required by this subsection upon entering into service as a law enforcement officer, correctional officer, or correctional probation officer with the employing agency, which examination must have failed to reveal any evidence of tuberculosis, heart disease, or hypertension. A law enforcement officer, correctional officer, or correctional probation officer may not use a physical examination from a former employing agency for purposes of claiming the presumption set forth in s. 112.18 against the current employing agency. The employing agency must maintain records of the physical examination for at least 5 years after the employee’s separation from the employing agency. If the employing agency fails to maintain the records of the physical examination for the 5-year period after the employee’s separation, it is presumed that the employee has met the requirements of this subsection.

(7) Have a good moral character as determined by a background investigation under procedures established by the commission.

(8) Execute and submit to the employing agency or, if a contractor-employed correctional officer, submit to the appropriate governmental entity an affidavit-of-applicant form, adopted by the commission, attesting to his or her compliance with subsections (1)-(7). The affidavit shall require the applicant to disclose any pending investigation by a local, state, or federal agency or entity for criminal, civil, or administrative wrongdoing and whether the applicant separated or resigned from previous criminal justice employment while he or she was under investigation. 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 intentional false execution of the affidavit constitutes a misdemeanor of the second degree. The affidavit shall be retained by the employing agency.

(9) Complete a commission-approved basic recruit training program for the applicable criminal justice discipline, unless exempt under this subsection. An applicant who has:

(a) Completed a comparable basic recruit training program for the applicable criminal justice discipline in another state or for the Federal Government and served as a full-time sworn officer in another state or for the Federal Government for at least 1 year, provided there is no more than an 8-year break in employment, as measured from the separation date of the most recent qualifying employment to the time a complete application for an exemption under this subsection is submitted; or

(b) Served in the special operations forces for a minimum of 5 years, provided there is no more than a 4-year break from the applicant’s special operations forces experience, as measured from the separation date from the special operations forces to the time a complete application for an exemption under this subsection is submitted,

is exempt in accordance with s. 943.131(2) from completing the commission-approved basic recruit training program.

(10) Achieve an acceptable score on the officer certification examination for the applicable criminal justice discipline.

(11) Comply with the continuing training or education requirements of s. 943.135.

History.—s. 7, ch. 74-386; s. 1, ch. 76-277; s. 4, ch. 78-323; s. 5, ch. 80-71; ss. 7, 24, 25, ch. 81-24; s. 1, ch. 82-46; s. 2, ch. 83-265; s. 6, ch. 84-258; ss. 7, 41, ch. 86-183; s. 7, ch. 86-187; ss. 1, 5, 6, ch. 87-186; s. 5, ch. 91-429; s. 2, ch. 92-131; s. 5, ch. 93-252; s. 1, ch. 95-408; s. 1629, ch. 97-102; s. 2, ch. 97-225; s. 2, ch. 2002-205; s. 2, ch. 2003-278; s. 1, ch. 2004-78; s. 4, ch. 2004-248; s. 12, ch. 2006-176; s. 1, ch. 2007-27; s. 28, ch. 2013-116; s. 2, ch. 2018-46; s. 85, ch. 2018-106; s. 2, ch. 2019-113; s. 2, ch. 2021-241; s. 2, ch. 2022-114; s. 130, ch. 2023-8; s. 5, ch. 2023-268; s. 15, ch. 2024-84.

F.S. 943.13 on Google Scholar

F.S. 943.13 on Casetext

Amendments to 943.13

Arrestable Offenses / Crimes under Fla. Stat. 943.13

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 943.13.

Annotations, Discussions, Cases:

Cases Citing Statute 943.13

Total Results: 20

Joshua Holcombe v. City of Naples/Johns Eastern Company, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2021-09-15

Snippet: companion statute to section 112.18 is section 943.13, Florida Statutes (2018). It establishes law enforcement

City of Homestead/Preferred Gov't Claims Solutions v. Foust

Court: District Court of Appeal of Florida | Date Filed: 2018-01-26

Citation: 242 So. 3d 1169

Snippet: and never left employment, and because section 943.13, Florida Statutes, which establishes the qualifications

State of Florida Department of Corr. v. Andrew Junod

Court: District Court of Appeal of Florida | Date Filed: 2017-04-13

Citation: 217 So. 3d 200, 2017 Fla. App. LEXIS 5231

Snippet: officers and correctional probation officers under § 943.13(6). 2 . ' Under an amendment to

Dale Lee Norman v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2017-03-02

Citation: 215 So. 3d 18, 42 Fla. L. Weekly Supp. 239, 2017 WL 823613, 2017 Fla. LEXIS 448

Snippet: and the requirements of ss. 493.6108(l)(a) and 943.13(1)-(4); and 3. Are individually designated by an

City of Oldsmar v. Trinh

Court: District Court of Appeal of Florida | Date Filed: 2016-10-28

Citation: 210 So. 3d 191, 2016 Fla. App. LEXIS 16012

Snippet: or auxiliary law enforcement officers under s. 943.13. § 316.640(5)(a) (emphasis added). II

Diaz v. Florida Department of Law Enforcement

Court: District Court of Appeal of Florida | Date Filed: 2015-04-10

Citation: 164 So. 3d 24, 2015 WL 1609959

Snippet: corrections officer.2 The Commission relied upon section 943.13(4), Florida Statutes (2013), as the disqualifying

Dale Norman v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-02-18

Citation: 159 So. 3d 205, 2015 Fla. App. LEXIS 2178, 2015 WL 669582

Snippet: and the requirements of ss. 493.6108(l)(a) and 943.13(l)-(4); and 3. Are individually designated

City of Orlando v. Udowychenko

Court: District Court of Appeal of Florida | Date Filed: 2012-07-06

Citation: 98 So. 3d 589, 2012 WL 2600293, 2012 Fla. App. LEXIS 10875

Snippet: or auxiliary law enforcement officers under s. 943.13. Any such traffic infraction enforcement officer

City of Aventura v. Masone

Court: District Court of Appeal of Florida | Date Filed: 2011-11-30

Citation: 89 So. 3d 233, 2011 WL 5964359, 2011 Fla. App. LEXIS 19039

Snippet: or auxiliary law enforcement officers under s. 943.13. Any such traffic infraction enforcement officer

Miami-Dade County v. Davis

Court: District Court of Appeal of Florida | Date Filed: 2009-11-24

Citation: 26 So. 3d 13, 2009 Fla. App. LEXIS 17544, 2009 WL 4030782

Snippet: amendment to section 943.13(6) lends no support to appellee's position. That section 943.13(6)enacted as part

Ago

Court: Florida Attorney General Reports | Date Filed: 2009-09-15

Snippet: local criminal justice agencies comply with section 943.13, Florida Statutes, requiring the certification

Ago

Court: Florida Attorney General Reports | Date Filed: 2008-03-18

Snippet: with, or has failed to maintain compliance with s. 943.13(4) or (7). If an officer is not in compliance with

Ago

Court: Florida Attorney General Reports | Date Filed: 2007-05-02

Snippet: facilities who meet or exceedthe requirements of s. 943.13 and who are responsible for providing security

Wills v. FLORIDA ELECTIONS COM'N

Court: District Court of Appeal of Florida | Date Filed: 2007-04-04

Citation: 955 So. 2d 61, 2007 Fla. App. LEXIS 4899, 2007 WL 980727

Snippet: or has failed to maintain compliance with, s. 943.13(4) or (7). If an officer is not in compliance with

Dieguez v. Dept. of Law Enforcement

Court: District Court of Appeal of Florida | Date Filed: 2007-01-03

Citation: 947 So. 2d 591, 2007 WL 5798

Snippet: maintain good moral character as required by section 943.13, Florida Statutes (2002), and requested revocation

Mullins v. Department of Law Enforcement

Court: District Court of Appeal of Florida | Date Filed: 2006-12-01

Citation: 942 So. 2d 998, 2006 Fla. App. LEXIS 20052, 2006 WL 3452570

Snippet: duty, thereby, violating sections 943.1395 and 943.13, Florida Statutes, and/or Florida Administrative

Yeoman v. CILB

Court: District Court of Appeal of Florida | Date Filed: 2005-12-22

Citation: 919 So. 2d 542, 2005 WL 3487856

Snippet: 15(2), Fla. Stat. (alcoholic beverage licenses); § 943.13(4), Fla. Stat. (law enforcement or correctional

Snippet: excludes an applicant from consideration. See e.g., § 943.13(4), Fla. Stat. (1987)(excluding applicants who

Syfert Injury Law Firm