Florida Statutes

Fla. Stat. § 943.13 (2025)

Officers’ minimum qualifications for employment or appointment.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 38 cases (2 in the last 5 years), 1976–2025 · leading case: Cirnigliaro v. Florida Police Standards, Etc., 409 So. 2d 80 (Fla. 1st DCA 1982).

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Cirnigliaro v. Florida Police Standards, Etc., 409 So. 2d 80 (Fla. 1st DCA 1982). · cites it 26× “Under that Section certificates can be denied (or reactivation refused) for failure to meet the qualifications of Section 943.13 or of standards promulgated in Commission rules; certificates can be revoked for failure to maintain the qualifications of Section 943.”

Loper v. Allstate Ins. Co., 616 So. 2d 1055 (Fla. 1st DCA 1993). · cites it 9× “" Loper's counsel objected to the admission of this evidence, arguing that Loper had not been convicted of the burglary offense and the record thereof had been expunged, that the misdemeanor convictions were not offenses that involved dishonesty or a false statement, and that…”

Sandlin v. Crim. Just. Stand. & Tr. Comm'n, 518 So. 2d 1292 (Fla. 1st DCA 1987). · cites it 15× “Although some members were sympathetic to appellant, the Commission voted to deny certification, finding that section 943.13, Florida Statutes (1985), precluded it from certifying a person who has been convicted of a felony, even though he has been granted a pardon.”

Padgett v. Est. of Gilbert, 676 So. 2d 440 (Fla. 1st DCA 1996). · cites it 7× “absolute disqualification imposed by the statute on a convicted felony was removed by a full pardon, but held that the commission had the broad discretion to refuse to certify if it deemed the applicant of bad character or otherwise unfit and "may take into account and rely upon…”

Crim. Just. Standards & Training Comm. v. Bradley, 596 So. 2d 661 (Fla. 1992). · cites it 5× “The relevant facts reflect that Bradley, a certified correctional officer, was charged in an administrative complaint with violating the qualifications requirements for correctional officers found in section 943.13, Florida Statutes (1989). The complaint alleged that Bradley had…”

Miami-Dade Cnty. v. Davis, 26 So. 3d 13 (Fla. 1st DCA 2009). · cites it 7× “Section 943.13 makes unmistakably clear that the Legislature reads section 112.”

Sandlin v. Crim. Just. Standards & Training Comm'n, 531 So. 2d 1344 (Fla. 1988). · cites it 10× “Based on its interpretation of section 943.13, Florida Statutes (1985), and subsection 112.”

Foley v. Connelie, 435 U.S. 291 (1978). “1978); Fla. Stat. Ann. § 943.13 (2) (West Supp. 1976); Ga.”

City of Homestead/Preferred Gov't Claims Solutions v. Foust, 242 So. 3d 1169 (Fla. 1st DCA 2018). · cites it 4× “Claimant argued that nothing in the law requires a second physical examination, both because he had the same employer and never left employment, and because section 943.13, Florida Statutes, which establishes the qualifications for LEOs, requires a physical examination for hire…”

Gonzalez v. Florida Dep't of High. Saf. & Motor Vehs., Div. of Florida High. Patrol, 237 F. Supp. 2d 1338 (S.D. Fla. 2002). · cites it 2× “Cortes does not dispute that Fla. Stat. § 943.13 (4) demands that “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…”

State v. Robinson, 565 So. 2d 730 (Fla. 2d DCA 1990). · cites it 2× “§ 943.13, Fla. Stat. (1989). The legislature requires police officers to take continuing education courses to retain their officer status.”

Albert v. Fla. Dept. of Law Enf't, Crim. Just. Standards & Training Com'n, 573 So. 2d 187 (Fla. 3d DCA 1991). · cites it 4× “, § 943.13(4), Fla. Stat. (1987)(excluding applicants who have certain felony or misdemeanor convictions); [2] see also Cirnigliaro v.”

Show all 38 citing cases →

— 943.13(1) — 2 cases

Crim. Just. Standards & Training Comm'n v. Dale, 24 Fla. Supp. 2d 254 (Fla. Div. Admin. Hr'g 1986).

Crim. Just. Standards Training Comm'n v. Hatcher, 35 Fla. Supp. 2d 242 (Fla. Div. Admin. Hr'g 1988).

— 943.13(10) — 1 case

In re Alt. Det. Servs., Inc., 40 Fla. Supp. 2d 102 (Fla. Cir. Ct. 1990).

— 943.13(2) — 3 cases

Foley v. Connelie, 419 F. Supp. 889 (S.D.N.Y. 1976).

Cirnigliaro v. Florida Police Standards, Etc., 409 So. 2d 80 (Fla. 1st DCA 1982). “Under that Section certificates can be denied (or reactivation refused) for failure to meet the qualifications of Section 943.13 or of standards promulgated in Commission rules; certificates can be revoked for failure to maintain the qualifications of Section 943.”

Palm Harbor Special Fire Control Dist. v. Kelly, 500 So. 2d 1382 (Fla. 2d DCA 1987).

— 943.13(4) — 13 cases

Sandlin v. Crim. Just. Stand. & Tr. Comm'n, 518 So. 2d 1292 (Fla. 1st DCA 1987). “Although some members were sympathetic to appellant, the Commission voted to deny certification, finding that section 943.13, Florida Statutes (1985), precluded it from certifying a person who has been convicted of a felony, even though he has been granted a pardon.”

Padgett v. Est. of Gilbert, 676 So. 2d 440 (Fla. 1st DCA 1996). “absolute disqualification imposed by the statute on a convicted felony was removed by a full pardon, but held that the commission had the broad discretion to refuse to certify if it deemed the applicant of bad character or otherwise unfit and "may take into account and rely upon…”

Sandlin v. Crim. Just. Standards & Training Comm'n, 531 So. 2d 1344 (Fla. 1988). “Based on its interpretation of section 943.13, Florida Statutes (1985), and subsection 112.”

McNair v. Crim. Just. Standards & Training Comm'n, 518 So. 2d 390 (Fla. 1st DCA 1987).

— 943.13(6) — 4 cases

Miami-Dade Cnty. v. Davis, 26 So. 3d 13 (Fla. 1st DCA 2009). “Section 943.13 makes unmistakably clear that the Legislature reads section 112.”

City of Homestead/Preferred Gov't Claims Solutions v. Foust, 242 So. 3d 1169 (Fla. 1st DCA 2018). “Claimant argued that nothing in the law requires a second physical examination, both because he had the same employer and never left employment, and because section 943.13, Florida Statutes, which establishes the qualifications for LEOs, requires a physical examination for hire…”

State of Florida Dep't of Corr. v. Andrew Junod, 217 So. 3d 200 (Fla. 1st DCA 2017).

Joshua Holcombe v. City of Naples/Johns E. Co., Inc. (Fla. 1st DCA 2021).

— 943.13(7) — 14 cases

Loper v. Allstate Ins. Co., 616 So. 2d 1055 (Fla. 1st DCA 1993). “" Loper's counsel objected to the admission of this evidence, arguing that Loper had not been convicted of the burglary offense and the record thereof had been expunged, that the misdemeanor convictions were not offenses that involved dishonesty or a false statement, and that…”

Crim. Just. Standards & Training Comm. v. Bradley, 596 So. 2d 661 (Fla. 1992). “The relevant facts reflect that Bradley, a certified correctional officer, was charged in an administrative complaint with violating the qualifications requirements for correctional officers found in section 943.13, Florida Statutes (1989). The complaint alleged that Bradley had…”

Garcia v. Walder Elec., Inc., 563 So. 2d 723 (Fla. 3d DCA 1990).

Albert v. Fla. Dept. of Law Enf't, Crim. Just. Standards & Training Com'n, 573 So. 2d 187 (Fla. 3d DCA 1991). “, § 943.13(4), Fla. Stat. (1987)(excluding applicants who have certain felony or misdemeanor convictions); [2] see also Cirnigliaro v.”

— 943.13(8) — 2 cases

In re Alt. Det. Servs., Inc., 40 Fla. Supp. 2d 102 (Fla. Cir. Ct. 1990).

Crim. Just. Standards Training Comm'n v. Hatcher, 35 Fla. Supp. 2d 242 (Fla. Div. Admin. Hr'g 1988).

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