Senate Bill sb1792e1

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    SB 1792                                  First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to the Criminal Justice

  3         Standards and Training Commission; amending s.

  4         943.11, F.S.; revising the membership of the

  5         commission; amending s. 943.1395, F.S.;

  6         providing for the inspection and copying of

  7         certain records; tolling certain time

  8         limitations regarding investigations;

  9         authorizing an officer who is under

10         investigation, or the office's attorney, to

11         review certain documents regarding the

12         investigation; requiring the commission to

13         periodically conduct a workshop and review

14         disciplinary guidelines; providing for an

15         advisory panel; requiring the Criminal Justice

16         Professionalism Program within the Department

17         of Law Enforcement to review disciplinary

18         penalties imposed against an officer by an

19         employing agency; providing for the adoption of

20         rules; providing an effective date.

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22  Be It Enacted by the Legislature of the State of Florida:

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24         Section 1.  Paragraph (a) of subsection (1) of section

25  943.11, Florida Statutes, is amended to read:

26         943.11  Criminal Justice Standards and Training

27  Commission; membership; meetings; compensation.--

28         (1)(a)  There is created a Criminal Justice Standards

29  and Training Commission within the Department of Law

30  Enforcement.  The commission shall be composed of 19 members,

31  consisting of the secretary of the Department of Corrections


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    SB 1792                                  First Engrossed (ntc)



 1  or a designated assistant; the Attorney General or a designee

 2  designated assistant; the Commissioner of Education or a

 3  designated assistant; the Director of the Division of the

 4  Florida Highway Patrol; and 16 15 members, to be appointed by

 5  the Governor, consisting of 3 sheriffs; 3 chiefs of police; 5

 6  4 law enforcement officers who are neither sheriffs nor chiefs

 7  of police, at least 3 of whom are of the rank of sergeant or

 8  below within the employing agency; 2 correctional officers, 1

 9  of whom is an administrator of a state correctional

10  institution and 1 of whom is of the rank of sergeant or below

11  within the employing agency; 1 training center director; 1

12  person who is in charge of a county correctional institution;

13  and 1 resident of the state who falls into none of the

14  foregoing classifications.  Prior to the appointment, the

15  sheriff, chief of police, law enforcement officer, and

16  correctional officer members shall have had at least 4 years'

17  experience as law enforcement officers or correctional

18  officers.

19         Section 2.  Subsections (5), (6), and (8) of section

20  943.1395, Florida Statutes, are amended to read:

21         943.1395  Certification for employment or appointment;

22  concurrent certification; reemployment or reappointment;

23  inactive status; revocation; suspension; investigation.--

24         (5)  The employing agency must conduct an internal

25  investigation if it has cause to suspect that an officer is

26  not in compliance with, or has failed to maintain compliance

27  with, s. 943.13(4) or (7).  If an officer is not in compliance

28  with, or has failed to maintain compliance with, s. 943.13(4)

29  or (7), the employing agency must submit the investigative

30  findings and supporting information and documentation to the

31  commission in accordance with rules adopted by the commission.


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    SB 1792                                  First Engrossed (ntc)



 1  The commission may inspect and copy an employing agency's

 2  records to ensure compliance with this subsection.

 3         (6)  The commission shall revoke the certification of

 4  any officer who is not in compliance with the provisions of s.

 5  943.13(4) or who intentionally executes a false affidavit

 6  established in s. 943.13(8), s. 943.133(2), or s. 943.139(2).

 7         (a)  The commission shall cause to be investigated any

 8  ground for revocation from the employing agency pursuant to s.

 9  943.139 or from the Governor, and the commission may

10  investigate verifiable complaints. Any investigation initiated

11  by the commission pursuant to this section must be completed

12  within 6 months after receipt of the completed report of the

13  disciplinary or internal affairs investigation from the

14  employing agency or Governor's office.  A verifiable complaint

15  shall be completed within 1 year after receipt of the

16  complaint.  An investigation shall be considered completed

17  upon a finding by a probable cause panel of the commission.

18  These time periods shall be tolled during the appeal of a

19  termination or other disciplinary action through the

20  administrative or judicial process or during the period of any

21  criminal prosecution of the officer.

22         (b)1.  The report of misconduct and all records or

23  information provided to or developed by the commission during

24  the course of an investigation conducted by the commission are

25  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.

26  I of the State Constitution and, except as otherwise provided

27  by law, such information shall be subject to public disclosure

28  only after a determination as to probable cause has been made

29  or until the investigation becomes inactive.

30         2.  However, not more than 30 days before the results

31  of an investigation are to be presented to a probable cause


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    SB 1792                                  First Engrossed (ntc)



 1  panel, an officer who is being investigated, or the officer's

 2  attorney, may review any documents or other information

 3  regarding the investigation which was developed by or provided

 4  to the commission.

 5         (c)  When an officer's certification is revoked in any

 6  discipline, his or her certification in any other discipline

 7  shall simultaneously be revoked.

 8         (8)(a)  The commission shall, by rule, adopt

 9  disciplinary guidelines and procedures to administer the

10  penalties provided in subsections (6) and (7). The commission

11  may, by rule, prescribe penalties for certain offenses. The

12  commission shall, by rule, set forth aggravating and

13  mitigating circumstances to be considered when imposing the

14  penalties provided in subsection (7).

15         (b)1.  The disciplinary guidelines and prescribed

16  penalties must be based upon the severity of specific

17  offenses.  The guidelines must provide reasonable and

18  meaningful notice to officers and to the public of penalties

19  that may be imposed for prohibited conduct.  The penalties

20  must be consistently applied by the commission.

21         2.  On or before July 1 of each odd-numbered year, the

22  commission shall conduct a workshop to receive public comment

23  and evaluate disciplinary guidelines and penalties. The

24  commission chair shall appoint a 12-member advisory panel,

25  composed of six officers and six representatives of criminal

26  justice management positions, to make recommendations to the

27  commission concerning disciplinary guidelines.

28         (c)  For the purpose of implementing the penalties

29  provided in subsections (6) and (7), the chair of the

30  commission may appoint one or more panels of three

31  commissioners each to determine probable cause.  In lieu of a


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    SB 1792                                  First Engrossed (ntc)



 1  finding of probable cause, the probable cause panel may issue

 2  a letter of guidance to the officer. However,

 3         (d)  When an employing agency disciplines an officer

 4  and the officer's employment is continued or reinstated by the

 5  agency, the Criminal Justice Professionalism Program shall a

 6  probable cause panel may review the sustained disciplinary

 7  charges and disciplinary penalty to, determine whether or not

 8  the penalty conforms to the disciplinary penalties prescribed

 9  by commission rule, and, in writing and on behalf of the

10  commission, notify the employing agency and officer of the

11  results of the review.  If the penalty conforms to the

12  disciplinary penalty provided by rule, the officer and

13  employing agency shall be notified, by a letter of

14  acknowledgement in writing, that no further action shall be

15  taken.  If the penalty does not conform to such disciplinary

16  penalty prescribed by rule, the officer and employer shall be

17  notified, in writing, of further action to be taken. The

18  commission shall adopt rules establishing procedures for

19  administering this subsection.

20         (e)(d)  An administrative law judge assigned to conduct

21  a hearing under ss. 120.569 and 120.57(1) regarding

22  allegations that an officer is not in compliance with, or has

23  failed to maintain compliance with, s. 943.13(4) or (7) must,

24  in his or her recommended order:

25         1.  Adhere to the disciplinary guidelines and penalties

26  set forth in subsections (6) and (7) and the rules adopted by

27  the commission for the type of offense committed.

28         2.  Specify, in writing, any aggravating or mitigating

29  circumstance that he or she considered in determining the

30  recommended penalty.

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    SB 1792                                  First Engrossed (ntc)



 1  Any deviation from the disciplinary guidelines or prescribed

 2  penalty must be based upon circumstances or factors that

 3  reasonably justify the aggravation or mitigation of the

 4  penalty. Any deviation from the disciplinary guidelines or

 5  prescribed penalty must be explained, in writing, by the

 6  administrative law judge.

 7         Section 3.  This act shall take effect July 1, 2004.

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