HB 1885 2003
1	A bill to be entitled
2	An act relating to the Criminal Justice Standards and
3	Training Commission within the Florida Department of Law
4	Enforcement; amending s. 943.11, F.S.; revising the
5	composition of the commission; amending s. 943.1395, F.S.;
6	providing procedure and requirements with respect to the
7	discipline of a law enforcement officer by an employing
8	agency where the officer's employment is continued or
9	reinstated as the result of a disciplinary appeal
10	procedure; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1. Paragraph (a) of subsection (1) of section
15	943.11, Florida Statutes, is amended to read:
16	943.11 Criminal Justice Standards and Training Commission;
17	membership; meetings; compensation.--
18	(1)(a) There is created a Criminal Justice Standards and
19	Training Commission within the Department of Law Enforcement.
20	The commission shall be composed of 19 members, consisting of
21	the secretary of the Department of Corrections or a designee
22	designated assistant; the Attorney General or a designee
23	designated assistant; the Commissioner of Education or a
24	designeedesignated assistant; the Director of the Division of
25	the Florida Highway Patrol; and 15 members, to be appointed by
26	the Governor, consisting of 3 sheriffs; 3 chiefs of police; 4
27	law enforcement officers who are neither sheriffs nor chiefs of
28	police, at least 3 of whom are of the rank of sergeant or below
29	within the employing agency;2 correctional officers, 1 of whom
30	is an administrator of a state correctional institution and 1 of
31	whom is of the rank of sergeant or below within the employing
32	agency; 1 training center director; 1 person who is in charge of
33	a county correctional institution; and 5 law enforcement
34	officers of the rank of sergeant or below1 resident of the
35	state who falls into none of the foregoing classifications.
36	Prior to the appointment, the sheriff, chief of police, law
37	enforcement officer, and correctional officer members shall have
38	had at least 4 years' experience as law enforcement officers or
39	correctional officers.
40	Section 2. Paragraph (c) of subsection (8) of section
41	943.1395, Florida Statutes, is amended to read:
42	943.1395 Certification for employment or appointment;
43	concurrent certification; reemployment or reappointment;
44	inactive status; revocation; suspension; investigation.--
45	(8)(c) For the purpose of implementing the penalties
46	provided in subsections (6) and (7), the chair of the commission
47	may appoint one or more panels of three commissioners each to
48	determine probable cause. In lieu of a finding of probable
49	cause, the probable cause panel may issue a letter of guidance
50	to the officer. However, when an employing agency disciplines an
51	officer and the officer's employment is continued or reinstated
52	by the agency as the result of a disciplinary appeal procedure,
53	including but not limited to a grievance procedure, arbitration,
54	civil service appeal, or administrative hearing, a probable
55	cause panel may onlyreview the sustained disciplinary charges
56	and disciplinary penalty resulting from the disciplinary appeal,
57	determine whether or not the penalty conforms to or is less than
58	the disciplinary penalties prescribed by rule, and, in writing
59	and on behalf of the commission, notify the employing agency and
60	officer of the results of the review. If the penalty conforms to
61	or is less thanthe disciplinary penalty provided by rule, the
62	officer and the employing agency shall be notified, in writing
63	through a letter of acknowledgement, that no further action
64	shall be taken. If the penalty conforms to or is less than the
65	disciplinary penalty provided by rule and the officer has
66	previously received a letter of acknowledgement in the past 3
67	years, the officer and the employing agency shall be notified in
68	writing of further action to be taken.If the penalty does not
69	conform to such disciplinary penalty prescribed by rule, the
70	officer and employer shall be notified, in writing, of further
71	action to be taken.
72	Section 3. This act shall take effect upon becoming a law.