Senate Bill sb0974c1

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    Florida Senate - 2002                            CS for SB 974

    By the Committee on Governmental Oversight and Productivity;
    and Senator Garcia




    302-2114-02

  1                      A bill to be entitled

  2         An act relating to the decertification of

  3         criminal justice officers; amending s.

  4         943.1395, F.S.; authorizing an administrative

  5         law judge to conduct hearings concerning

  6         certain allegations against an officer under

  7         the Administrative Procedure Act; providing for

  8         penalties; providing final order authority to

  9         an administrative law judge for cases involving

10         certain allegations against officers;

11         specifying the manner in which certain hearings

12         must be conducted; providing for judicial

13         review of final orders by an administrative law

14         judge; providing an effective date.

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

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18         Section 1.  Subsection (7) and paragraph (d) of

19  subsection (8) of section 943.1395, Florida Statutes, are

20  amended to read:

21         943.1395  Certification for employment or appointment;

22  concurrent certification; reemployment or reappointment;

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

24         (7)  Upon a finding by the commission or by an

25  administrative law judge of the Division of Administrative

26  Hearings assigned to conduct a hearing under ss. 120.569 and

27  120.57(1) that a certified officer has not maintained good

28  moral character, the definition of which has been adopted by

29  rule and is established as a statewide standard, as required

30  by s. 943.13(7), the commission or administrative law judge

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    Florida Senate - 2002                            CS for SB 974
    302-2114-02




  1  may enter an order imposing one or more of the following

  2  penalties:

  3         (a)  Revocation of certification.

  4         (b)  Suspension of certification for a period not to

  5  exceed 2 years.

  6         (c)  Placement on a probationary status for a period

  7  not to exceed 2 years, subject to terms and conditions imposed

  8  by the commission.  Upon the violation of such terms and

  9  conditions, the commission may revoke certification or impose

10  additional penalties as enumerated in this subsection.

11         (d)  Successful completion by the officer of any basic

12  recruit, advanced, or career development training or such

13  retraining deemed appropriate by the commission.

14         (e)  Issuance of a reprimand.

15         (8)

16         (d)1.  An administrative law judge assigned to conduct

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

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

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

20  in his or her recommended order:

21         a.1.  Adhere to the disciplinary guidelines and

22  penalties set forth in subsections (6) and (7) and the rules

23  adopted by the commission for the type of offense committed.

24         b.2.  Specify, in writing, any aggravating or

25  mitigating circumstance that he or she considered in

26  determining the recommended penalty.

27         2.  Hearings held by an administrative law judge under

28  this paragraph shall be conducted in the same manner as

29  provided in ss. 120.569 and 120.57(1), except that the

30  administrative law judge's order shall constitute a final

31  order subject to judicial review under s. 120.68.

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    Florida Senate - 2002                            CS for SB 974
    302-2114-02




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  2  Any deviation from the disciplinary guidelines or prescribed

  3  penalty must be based upon circumstances or factors that

  4  reasonably justify the aggravation or mitigation of the

  5  penalty. Any deviation from the disciplinary guidelines or

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

  7  administrative law judge.

  8         Section 2.  This act shall take effect upon becoming a

  9  law.

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11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                         Senate Bill 974

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14  Clarifies that the order issued by the administrative law
    judge shall be a final order subject to judicial review under
15  s. 120.68, F.S.

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