HB 1975

1	A bill to be entitled
2	An act relating to the Criminal Justice Standards and
3	Training Commission; amending s. 943.11, F.S.; revising
4	the membership of the commission; amending s. 943.1395,
5	F.S.; providing for the inspection and copying of certain
6	records; providing for the tolling of time limitations for
7	investigations in certain circumstances; authorizing an
8	officer who is under investigation, or that officer's
9	attorney, to review information concerning the
10	investigation within a time certain; requiring the
11	commission to periodically conduct a workshop and review
12	disciplinary guidelines; providing for an advisory panel;
13	requiring the Criminal Justice Professionalism Program
14	within the Department of Law Enforcement to review
15	disciplinary penalties imposed against an officer by an
16	employing agency; providing for the adoption of rules by
17	the commission; reenacting s. 943.131(1)(d) and (e), F.S.,
18	relating to temporary employment or appointment of certain
19	officers, for the purpose of incorporating the amendment
20	to s. 943.1395, F.S., in references thereto; providing an
21	effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Paragraph (a) of subsection (1) of section
26	943.11, Florida Statutes, is amended to read:
27	943.11  Criminal Justice Standards and Training Commission;
28	membership; meetings; compensation.--
29	(1)(a)  There is created a Criminal Justice Standards and
30	Training Commission within the Department of Law Enforcement.
31	The commission shall be composed of 19 members, consisting of
32	the secretary of the Department of Corrections or a designated
33	assistant; the Attorney General or a designee designated
34	assistant; the Commissioner of Education or a designated
35	assistant; the Director of the Division of the Florida Highway
36	Patrol; and 16 15 members, to be appointed by the Governor,
37	consisting of 3 sheriffs; 3 chiefs of police; 5 4 law
38	enforcement officers who are neither sheriffs nor chiefs of
39	police, at least 3 of whom are of the rank of sergeant or below
40	within the employing agency; 2 correctional officers, 1 of whom
41	is an administrator of a state correctional institution and 1 of
42	whom is of the rank of sergeant or below within the employing
43	agency; 1 training center director; 1 person who is in charge of
44	a county correctional institution; and 1 resident of the state
45	who falls into none of the foregoing classifications. Prior to
46	the appointment, the sheriff, chief of police, law enforcement
47	officer, and correctional officer members shall have had at
48	least 4 years' experience as law enforcement officers or
49	correctional officers.
50	Section 2.  Subsections (5), (6), and (8) of section
51	943.1395, Florida Statutes, are amended to read:
52	943.1395  Certification for employment or appointment;
53	concurrent certification; reemployment or reappointment;
54	inactive status; revocation; suspension; investigation.--
55	(5)  The employing agency must conduct an internal
56	investigation if it has cause to suspect that an officer is not
57	in compliance with, or has failed to maintain compliance with,
58	s. 943.13(4) or (7). If an officer is not in compliance with, or
59	has failed to maintain compliance with, s. 943.13(4) or (7), the
60	employing agency must submit the investigative findings and
61	supporting information and documentation to the commission in
62	accordance with rules adopted by the commission. The commission
63	may inspect and copy an employing agency's records to ensure
64	compliance with this subsection.
65	(6)  The commission shall revoke the certification of any
66	officer who is not in compliance with the provisions of s.
67	943.13(4) or who intentionally executes a false affidavit
68	established in s. 943.13(8), s. 943.133(2), or s. 943.139(2).
69	(a)  The commission shall cause to be investigated any
70	ground for revocation from the employing agency pursuant to s.
71	943.139 or from the Governor, and the commission may investigate
72	verifiable complaints. Any investigation initiated by the
73	commission pursuant to this section must be completed within 6
74	months after receipt of the completed report of the disciplinary
75	or internal affairs investigation from the employing agency or
76	Governor's office. A verifiable complaint shall be completed
77	within 1 year after receipt of the complaint. An investigation
78	shall be considered completed upon a finding by a probable cause
79	panel of the commission. These time periods shall be tolled
80	during the appeal of a termination or other disciplinary action
81	through the administrative or judicial process or during the
82	period of any criminal prosecution of the officer.
83	(b)1.  The report of misconduct and all records or
84	information provided to or developed by the commission during
85	the course of an investigation conducted by the commission are
86	exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
87	of the State Constitution and, except as otherwise provided by
88	law, such information shall be subject to public disclosure only
89	after a determination as to probable cause has been made or
90	until the investigation becomes inactive.
91	2.  However, not more than 30 days before the results of an
92	investigation are to be presented to a probable cause panel, an
93	officer who is being investigated, or the officer's attorney,
94	may review any documents or other information regarding the
95	investigation which was developed by or provided to the
96	commission.
97	(c)  When an officer's certification is revoked in any
98	discipline, his or her certification in any other discipline
99	shall simultaneously be revoked.
100	(8)(a)  The commission shall, by rule, adopt disciplinary
101	guidelines and procedures to administer the penalties provided
102	in subsections (6) and (7). The commission may, by rule,
103	prescribe penalties for certain offenses. The commission shall,
104	by rule, set forth aggravating and mitigating circumstances to
105	be considered when imposing the penalties provided in subsection
106	(7).
107	(b)1.  The disciplinary guidelines and prescribed penalties
108	must be based upon the severity of specific offenses. The
109	guidelines must provide reasonable and meaningful notice to
110	officers and to the public of penalties that may be imposed for
111	prohibited conduct. The penalties must be consistently applied
112	by the commission.
113	2.  On or before July 1 of each odd-numbered year, the
114	commission shall conduct a workshop to receive public comment
115	and evaluate disciplinary guidelines and penalties. The
116	commission chair shall appoint a 12-member advisory panel,
117	composed of 6 officers and 6 representatives of criminal justice
118	management positions, to make recommendations to the commission
119	concerning disciplinary guidelines.
120	(c)  For the purpose of implementing the penalties provided
121	in subsections (6) and (7), the chair of the commission may
122	appoint one or more panels of three commissioners each to
123	determine probable cause. In lieu of a finding of probable
124	cause, the probable cause panel may issue a letter of guidance
125	to the officer. However,
126	(d)  When an employing agency disciplines an officer and
127	the officer's employment is continued or reinstated by the
128	agency, the Criminal Justice Professionalism Program shall a
129	probable cause panel may review the sustained disciplinary
130	charges and disciplinary penalty to, determine whether or not
131	the penalty conforms to the disciplinary penalties prescribed by
132	commission rule, and, in writing and on behalf of the
133	commission, notify the employing agency and officer of the
134	results of the review. If the penalty conforms to the
135	disciplinary penalty provided by rule, the officer and employing
136	agency shall be notified, by a letter of acknowledgment in
137	writing, that no further action shall be taken. If the penalty
138	does not conform to such disciplinary penalty prescribed by
139	rule, the officer and employer shall be notified, in writing, of
140	further action to be taken. The commission shall adopt rules
141	establishing procedures for administering this subsection.
142	(e)(d)  An administrative law judge assigned to conduct a
143	hearing under ss. 120.569 and 120.57(1) regarding allegations
144	that an officer is not in compliance with, or has failed to
145	maintain compliance with, s. 943.13(4) or (7) must, in his or
146	her recommended order:
147	1.  Adhere to the disciplinary guidelines and penalties set
148	forth in subsections (6) and (7) and the rules adopted by the
149	commission for the type of offense committed.
150	2.  Specify, in writing, any aggravating or mitigating
151	circumstance that he or she considered in determining the
152	recommended penalty.
153
154	Any deviation from the disciplinary guidelines or prescribed
155	penalty must be based upon circumstances or factors that
156	reasonably justify the aggravation or mitigation of the penalty.
157	Any deviation from the disciplinary guidelines or prescribed
158	penalty must be explained, in writing, by the administrative law
159	judge.
160	Section 3.  For the purpose of incorporating the amendment
161	to section 943.1395, Florida Statutes, in references thereto,
162	paragraphs (d) and (e) of subsection (1) of section 943.131,
163	Florida Statutes, are reenacted to read:
164	943.131  Temporary employment or appointment; minimum basic
165	recruit training exemption.--
166	(1)
167	(d)  Persons employed under this subsection are subject to
168	the provisions of s. 943.1395.
169	(e)  Persons who have had a certification administered
170	pursuant to s. 943.1395 revoked by the commission or have
171	voluntarily relinquished such certification shall be ineligible
172	for employment pursuant to this subsection.
173	Section 4.  This act shall take effect July 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.