Florida Correctional Officers need read and understand law.
Page 1 of 4 123 ... LastLast
Results 1 to 10 of 35
 
  1. #1
    Unregistered
    Guest

    Florida Correctional Officers need read and understand law.

    Florida Correctional Officer Arrest Authority & Firearms Carry Authority: Before I go into specifics this post is information purposes only , NOT legal advice, However I'm very well versed on Florida & federal firearms law, I spent 20 years withe NYPD , ten of which as a Sergeant, I was the Commanding Officer of a Divisional Field Training Unit & also was assigned to Organized Crime Control Investigative Assignments , I not only trained the rookie cops, I trained the FTO's, after the I retired from the NYPD I spent three years as Investigator ( internal affairs ) for NYS Dept.of Mental Hygiene, I Did Three years as Supervisory Investigator with Suffolk SPCA, Upon moving to Florida I did 4 years as an FDC Officer at CFRC & 2 Years with Orange County Corrections , I'm A special Police Officer Appointed by the Florida Governor under FSS 354, & I owned and operated a Security & Private Investigation Firm in Florida for 12 years, Yes I'm Certified as both a LEO & CO in Florida, I have been in Law Enforcement for 40 years so I have much knowledge & experience, Again this post is for information only, Not legal advise, So I'm Not going to debate in comments with idiots that don't know how to read & interpret law or that want to just stir the pot for giggles , But if you have question or clarification I will address the best I can, A Word of Caution !!!, Many Police Officers & Deputy Sheriffs in Florida are jackasses that don't know how to read and interpret law , invent additional language to the Statute or ignore what parts of the law they don't like or disagree with, So you must be well versed on the law yourself. Also keep in mind that Florida Law often has contradictory Statutes, same applies to Florida Attorney General opinions that often contradict each other.

    Florida State Correctional Officer are in fact Designated Law Enforcement Officer under Florida Administrative Code 33-208.001 , arguably FDC Officers have all the arrest powers in FSS 901, However it is Not debatable that All Florida Correctional Officers have at least limited arrest powers & are Peace Officers . Reference Florida Attorney General Opinion 82-40 & 76-05 , Just a note about FAC chapter 33, FDC may & does restrict what firearms you may carry ON duty & On Institution , FDC only allows you to carry State Issued Firearms On Duty & On Institution Property , But this is a matter of administrative control and has NO bearing on your Off Duty Off Institution firearm carry rights;

    Florida Correctional Officers Arrest Authority:

    1- All Florida Corrections Officers have Arrest Authority under FSS 843.04, this included FDC, County Corrections & Private Correctional Officers,

    2- FDC Correctional Officers have Arrest Authority in FSS 944.39

    Although these arrest powers are limited in scope they are none the less arrest powers.

    Firearm Carry by Florida Correctional Officers :

    All Certified Correctional Officers are defined as Law Enforcement Officer, referenced FSS 790.001 defines FDC officers as LEO's under sub Div. D and County Corrections Officer under Sub. Div. A, B or E

    All Florida Certified Correctional Officers may carry firearms on duty & off duty WITHOUT A PERMIT under any of the following previsions of Florida State Statutes 790.06 ( 5B), FSS 790.25 ( 3 D&E) and in sum instances under 790.052., I should note here because as Correctional Officer you are exempt from firearm licensing provisions under 790.06 the Prohibited locations listed in FSS 790.06 DO NOT APPLY TO YOU AS CERTIFIED CORRECTIONS OFFICER, So yes you may carry your firearm in bars, stadiums, courts & police stations etc.etc. In addition FSS 790.115 specifically allows Correction Officers to carry Firearms on School Property & School Buildings either on duty or off duty, So yes if you are picking up your child at school you may carry you firearm.

    Also recent additions to FSS 790.052 Specifically defines Certified Corrections Officers as " Qualified Law Enforcement Officers " within the definition of US Code 926-B, which is know as LEOSA / HR218 , So as a Certified correctional officer meeting all the provisions of HR218 you may carry your firearm off duty or on duty in ANY STATE within the scope of US Code 926- B ( active duty officer ) or 926 - C ( if retired )

    A Note about FSS 943.10, This Statute Confuses people because it uses definitions of LEO, CO & CPO's, However the legislative intent restricted those definitions to training hour requirements for prescribed duties of different types of officers, It was Not meant to define who is a Law Enforcement Officer in other sections of Florida Statutes, For the actual definition of officer you must refer to FSS 943.14.

    A quick note to those correction officers who have taken the cross over to LEO, FSS 943 Mandates that you hold Duel Certification as both a LEO & CO so make sure you submit the paper work to your agency & demand they comply with FSS 943 to Duel Certify you, most agencies will fight you on this , but the law is clear and many CO's who were Not intimated have received their duel certifications, In fact Miami -Dade Corrections has a written procedure to do so. ( at least the memo I have that's ten years old ), But the law hasn't change and you are entitled to duel certification.

    In sum as Correction Officer in Florida you have the authority to make arrest & bear arms , That fact makes you a Peace Officer ( Law Enforcement Officer ) See Florida AGO 82-40 & 76-05 .

  2. #2
    Unregistered
    Guest

    Cool

    Quote Originally Posted by Unregistered View Post
    Florida State Correctional Officer are in fact Designated Law Enforcement Officer under Florida Administrative Code 33-208.001 , arguably FDC Officers have all the arrest powers in FSS 901, However it is Not debatable that All Florida Correctional Officers have at least limited arrest powers & are Peace Officers .
    A Florida sheriff can stipulate that his correctional deputies have arrest authority ONLY when they are on-duty. To drive home this point, he can order that their issued ID cards are turned-in at the end of each shift, thus neutralizing any attempt to exercise police authority while off-duty.

  3. #3
    Unregistered
    Guest
    An he will be in violation of federal law and will be reported and changed.

  4. #4
    Unregistered
    Guest
    Quote Originally Posted by Unregistered View Post
    A Florida sheriff can stipulate that his correctional deputies have arrest authority ONLY when they are on-duty. To drive home this point, he can order that their issued ID cards are turned-in at the end of each shift, thus neutralizing any attempt to exercise police authority while off-duty.

    Quote Originally Posted by Unregistered View Post
    An he will be in violation of federal law and will be reported and changed.
    Bring your lawsuit and it will be tossed out of court. Furthermore, a sheriff may require correctional deputies to relinquish their ID cards at the end of each shift, thus neutering their ability to exercise police power while off-duty. There is no Federal or State law that requires a sheriff to issue ID cards to off-duty employees. It is also perfectly legal for a Florida sheriff to limit the scope of law enforcement authority of a corrections deputy to when he is on-duty. It is called a "management right" and it has been legally upheld for many years.

  5. #5
    Unregistered
    Guest
    They have duty to act and if they do not they will be charged with failure to do so.

  6. #6
    Unregistered
    Guest
    The Florida Administrative Rules mean nothing. Because they are rules and not law. The governing body who overlooks Florida Certifications is FDLE. They are ruled that Co's and CPO's are not Certified LEO's. And by the way, telling everyone here about your LEO experience in New York is worth a pile of crap.

  7. #7
    Unregistered
    Guest
    An Florida LEO and CO. Administrative code is Law am is enforced. If you knew how to read and not just kissing asses to get by. You’ll learn what law is and how it is enforced. Just like office of Agricultural law enforcement an Administrative law enforcement agencies. That is the same as the dept of corrections.

  8. #8
    Unregistered
    Guest
    https://www.lawserver.com/law/state/...atutes_790-052

    See section 1(b) and then feel free to blush and shut the hell up.

    “(b) All persons holding an active certification from the Criminal Justice Standards and Training Commission as a law enforcement officer or a correctional officer as defined in s. 943.10(1), (2), (6), (7), (8), or (9) meet the definition of “qualified law enforcement officer” in 18 U.S.C. s. 926B(c).”

  9. #9
    Unregistered
    Guest
    Quote Originally Posted by Unregistered View Post
    The Florida Administrative Rules mean nothing. Because they are rules and not law. The governing body who overlooks Florida Certifications is FDLE. They are ruled that Co's and CPO's are not Certified LEO's. And by the way, telling everyone here about your LEO experience in New York is worth a pile of crap.

    Using this logic, 'Statutes' are not 'Laws'. They are just enforced as such and people have been conditioned to follow them a if they are laws.

  10. #10
    Unregistered
    Guest
    Quote Originally Posted by Unregistered View Post
    They have duty to act and if they do not they will be charged with failure to do so.
    That is correct: if you are commissioned with an ID card, then you have a duty-to-act. Conversely, if you are not commissioned with an ID card while you are off-duty, then you do not have a duty-to-act. The decision belongs to your employer whether he will or will not commission you with an off-duty ID card.

Page 1 of 4 123 ... LastLast

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •