Senate Bill sb1000c1
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Florida Senate - 2003 CS for SB 1000
By the Committee on Criminal Justice; and Senators Garcia,
Argenziano, Smith and Fasano
307-2428-03
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 for notification of officers; providing for
13 continuation of service of commission chair;
14 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. Paragraph (a) of subsection (1) of section
19 943.11, Florida Statutes, is amended to read:
20 943.11 Criminal Justice Standards and Training
21 Commission; membership; meetings; compensation.--
22 (1)(a) There is created a Criminal Justice Standards
23 and Training Commission within the Department of Law
24 Enforcement. The commission shall be composed of 20 19
25 members, consisting of the secretary of the Department of
26 Corrections or a designee designated assistant; the Attorney
27 General or a designee designated assistant; the Commissioner
28 of Education or a designee designated assistant; the Director
29 of the Division of the Florida Highway Patrol; and 16 15
30 members, to be appointed by the Governor, consisting of 3
31 sheriffs; 3 chiefs of police; 5 4 law enforcement officers who
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Florida Senate - 2003 CS for SB 1000
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1 are neither sheriffs nor chiefs of police, at least 3 of whom
2 are of the rank of sergeant or below within the employing
3 agency; 2 correctional officers, 1 of whom is an administrator
4 of a state correctional institution and 1 of whom is of the
5 rank of sergeant or below within the employing agency; 1
6 training center director; 1 person who is in charge of a
7 county correctional institution; and 1 resident of the state
8 who falls into none of the foregoing classifications. Prior
9 to the appointment, the sheriff, chief of police, law
10 enforcement officer, and correctional officer members shall
11 have had at least 4 years' experience as law enforcement
12 officers or correctional officers.
13 Section 2. Paragraphs (a) and (c) of subsection (8) of
14 section 943.1395, Florida Statutes, are amended to read:
15 943.1395 Certification for employment or appointment;
16 concurrent certification; reemployment or reappointment;
17 inactive status; revocation; suspension; investigation.--
18 (8)(a) The commission shall, by rule, adopt
19 disciplinary guidelines and procedures to administer the
20 penalties provided in subsections (6) and (7). The commission
21 may, by rule, prescribe penalties for certain offenses. Except
22 for an offense set forth in s. 943.13(4), the penalties for an
23 offense prescribed in the rules must provide a range of
24 disciplinary actions, from suspension to revocation of
25 certification. The commission shall, by rule, set forth
26 aggravating and mitigating circumstances to be considered when
27 imposing the penalties provided in subsection (7).
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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Florida Senate - 2003 CS for SB 1000
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1 finding of probable cause, the probable cause panel may issue
2 a letter of guidance to the officer. However, when an
3 employing agency disciplines an officer and the officer's
4 employment is continued or reinstated by the agency as the
5 result of a disciplinary appeal procedure, including, but not
6 limited to, a grievance procedure, arbitration, a civil
7 service appeal, or an administrative hearing, a probable cause
8 panel may only review the sustained disciplinary charges and
9 disciplinary penalty resulting from the disciplinary appeal,
10 determine whether or not the penalty conforms to, or is less
11 than, the disciplinary penalties prescribed by rule, and, in
12 writing and on behalf of the commission, notify the employing
13 agency and officer of the results of the review. If the
14 penalty conforms to, or is less than, the disciplinary penalty
15 provided by rule, the officer and employing agency shall be
16 notified, in writing through a letter of acknowledgement, that
17 no further action shall be taken. If the penalty conforms to
18 or is less than the does not conform to such disciplinary
19 penalty prescribed by rule and the officer has previously
20 received a letter of acknowledgement in the preceding 3 years,
21 the officer and employer shall be notified, in writing, of
22 further action to be taken.
23 Section 3. The current chair of the Criminal Justice
24 Standards and Training Commission shall continue as one of the
25 law enforcement officer members of the commission until the
26 expiration of his or her term, subject to the provisions of
27 section 943.11(1)(d), Florida Statutes.
28 Section 4. This act shall take effect upon becoming a
29 law.
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Florida Senate - 2003 CS for SB 1000
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1000
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4 - Allows the Secretary of the Department of Corrections and
the Commissioner of Education to name a designee to serve
5 on the commission, and removes the requirement that both
correctional officer members of the commission be of the
6 rank of sergeant or below.
7 - Provides that the commission may only review the results
of a disciplinary appeal procedure to determine whether
8 the disciplinary penalty conforms to or is less than the
disciplinary penalties provided by commission rule. If
9 the penalty conforms to or is less than the range of
penalties, the officer must be notified in writing, by
10 letter of acknowledgement, that no further actions will
taken unless the officer has received a letter of
11 acknowledgement within the proceeding 3 years.
12 - Includes provision for continued service of the current
commission chair.
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