Senate Bill sb1000

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    Florida Senate - 2003                                  SB 1000

    By Senator Garcia





    40-599-03

  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 on the

  5         commission; revising certain qualifications for

  6         membership; amending s. 943.1395, F.S.;

  7         authorizing the commission to prescribe a range

  8         of disciplinary actions for certain offenses;

  9         specifying circumstances under which a probable

10         cause panel may take additional disciplinary

11         action than that prescribed by rule; providing

12         an effective date.

13  

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

15  

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

17  943.11, Florida Statutes, is amended to read:

18         943.11  Criminal Justice Standards and Training

19  Commission; membership; meetings; compensation.--

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

21  and Training Commission within the Department of Law

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

23  consisting of the secretary of the Department of Corrections

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

25  designated assistant; the Commissioner of Education or a

26  designated assistant; the Director of the Division of the

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

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

29  4 law enforcement officers who are neither sheriffs nor chiefs

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

31  below within the employing agency; 2 correctional officers who

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    Florida Senate - 2003                                  SB 1000
    40-599-03




 1  are, 1 of whom is an administrator of a state correctional

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

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

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

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

 6  foregoing classifications.  Prior to the appointment, the

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

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

 9  experience as law enforcement officers or correctional

10  officers.

11         Section 2.  Paragraphs (a) and (c) of subsection (8) of

12  section 943.1395, Florida Statutes, are amended to read:

13         943.1395  Certification for employment or appointment;

14  concurrent certification; reemployment or reappointment;

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

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

17  disciplinary guidelines and procedures to administer the

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

19  may, by rule, prescribe penalties for certain offenses. Except

20  for an offense set forth in s. 943.13(4), the penalties for an

21  offense proscribed in the rules must provide a range of

22  disciplinary actions, from suspension to revocation of

23  certification. The commission shall, by rule, set forth

24  aggravating and mitigating circumstances to be considered when

25  imposing the penalties provided in subsection (7).

26         (c)  For the purpose of implementing the penalties

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

28  commission may appoint one or more panels of three

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

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

31  a letter of guidance to the officer. However, when an

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    Florida Senate - 2003                                  SB 1000
    40-599-03




 1  employing agency disciplines an officer and the officer's

 2  employment is continued or reinstated by the agency, a

 3  probable cause panel may review the sustained disciplinary

 4  charges and disciplinary penalty, determine whether or not the

 5  penalty conforms to the disciplinary penalties prescribed by

 6  rule, and, in writing and on behalf of the commission, notify

 7  the employing agency and officer of the results of the review.

 8  Except for an offense set forth in s. 943.13(4) or unless the

 9  officer has been previously disciplined by the commission, if

10  the penalty conforms to the disciplinary penalty provided by

11  rule, the officer and employing agency shall be notified, in

12  writing, that no further action shall be taken.  If the

13  penalty does not conform to such disciplinary penalty

14  prescribed by rule, the officer and employer shall be

15  notified, in writing, of further action to be taken.

16  

17  Any deviation from the disciplinary guidelines or prescribed

18  penalty must be based upon circumstances or factors that

19  reasonably justify the aggravation or mitigation of the

20  penalty. Any deviation from the disciplinary guidelines or

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

22  administrative law judge.

23         Section 3.  This act shall take effect upon becoming a

24  law.

25  

26            *****************************************

27                          SENATE SUMMARY

28    Revises the membership and membership qualifications of
      the Criminal Justice Standards and Training Commission.
29    Provides that the commission prescribe a range of
      disciplinary actions ranging from suspension to
30    revocation of certification. Authorizes a probable cause
      panel to take disciplinary action in addition to that
31    prescribed by rule under certain circumstances.

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