Senate Bill sb1474c1

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    Florida Senate - 2006                           CS for SB 1474

    By the Committee on Criminal Justice; and Senator Posey





    591-2318-06

  1                      A bill to be entitled

  2         An act relating to reemployment after

  3         retirement; amending s. 943.1395, F.S.;

  4         limiting the terms of reemployment for certain

  5         law enforcement, correctional, and correctional

  6         probation officers; providing certain

  7         exceptions; conforming cross-references;

  8         amending s. 943.22, F.S.; conforming a

  9         cross-reference; providing an effective date.

10  

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

12  

13         Section 1.  Section 943.1395, Florida Statutes, is

14  amended to read:

15         943.1395  Certification for employment or appointment;

16  concurrent certification; reemployment or reappointment;

17  reemployment after retirement; inactive status; revocation;

18  suspension; investigation.--

19         (1)  The commission shall certify, under procedures

20  established by rule, any person for employment or appointment

21  as an officer if:

22         (a)  The person complies with s. 943.13(1)-(10); and

23         (b)  The employing agency complies with s. 943.133(2)

24  and (3).

25         (2)  An officer who is certified in one discipline and

26  who complies with s. 943.13 in another discipline shall hold

27  concurrent certification and may be assigned in either

28  discipline within his or her employing agency.

29         (3)  Any certified officer who has separated from

30  employment or appointment and who is not reemployed or

31  reappointed by an employing agency within 4 years after the

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    Florida Senate - 2006                           CS for SB 1474
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 1  date of separation must meet the minimum qualifications

 2  described in s. 943.13, except for the requirement found in s.

 3  943.13(9). Further, such officer must complete any training

 4  required by the commission by rule. Any such officer who is

 5  not reemployed or reappointed by an employing agency within 8

 6  years after the date of separation must meet the minimum

 7  qualifications described in s. 943.13, to include the

 8  requirement of s. 943.13(9).

 9         (4)  A law enforcement officer, correctional officer,

10  or correctional probation officer seeking appointment,

11  reappointment, employment, or reemployment with the same

12  employing agency from which the law enforcement officer,

13  correctional officer, or correctional probation officer

14  retired under chapter 121 may be appointed, reappointed,

15  employed, or reemployed only at the lowest rank and pay scale

16  for a certified law enforcement officer, correctional officer,

17  or correctional probation officer within the employing agency.

18  Such appointment, reappointment, employment, or reemployment

19  must be at the lowest rank and pay scale for a certified law

20  enforcement officer, correctional officer, or correctional

21  probation officer within the employing agency for a minimum of

22  3 years after the effective date of retirement under s.

23  121.021(41) or terminated employment in accordance with the

24  requirements of the special risk normal retirement date.

25         (b)  The certification of a law enforcement officer,

26  correctional officer, or correctional probation officer who

27  violates the provisions of this subsection shall become

28  inactive.

29         (c)  This subsection does not otherwise limit the

30  employment or appointment opportunities for the law

31  enforcement officer, correctional officer, or correctional

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    Florida Senate - 2006                           CS for SB 1474
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 1  probation officer at any employing agency other than the

 2  employing agency from which the law enforcement officer,

 3  correctional officer, or correctional probation officer

 4  retired under chapter 121.

 5         (d)  This subsection does not change the applicable

 6  limitations in s. 121.091(9).

 7         (e)  The limitations provided for in this subsection do

 8  not apply to a law enforcement officer, correctional officer,

 9  or correctional probation officer who is elected to the office

10  of sheriff or appointed by the Governor to the office of

11  sheriff or other appointed office having responsibilities of

12  law enforcement, corrections, or correctional probation.

13         (5)(4)  The certification of an officer who fails to

14  comply with s. 943.135(1) shall be inactive, and the officer

15  may not be employed or appointed as an officer until he or she

16  complies with the provisions of s. 943.135(1).

17         (6)(5)  The employing agency must conduct an internal

18  investigation if it has cause to suspect that an officer is

19  not in compliance with, or has failed to maintain compliance

20  with, s. 943.13(4) or (7).  If an officer is not in compliance

21  with, or has failed to maintain compliance with, s. 943.13(4)

22  or (7), the employing agency must submit the investigative

23  findings and supporting information and documentation to the

24  commission in accordance with rules adopted by the commission.

25  The commission may inspect and copy an employing agency's

26  records to ensure compliance with this subsection.

27         (7)(6)  The commission shall revoke the certification

28  of any officer who is not in compliance with the provisions of

29  s. 943.13(4) or who intentionally executes a false affidavit

30  established in s. 943.13(8), s. 943.133(2), or s. 943.139(2).

31  

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    Florida Senate - 2006                           CS for SB 1474
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 1         (a)  The commission shall cause to be investigated any

 2  ground for revocation from the employing agency pursuant to s.

 3  943.139 or from the Governor, and the commission may

 4  investigate verifiable complaints. Any investigation initiated

 5  by the commission pursuant to this section must be completed

 6  within 6 months after receipt of the completed report of the

 7  disciplinary or internal affairs investigation from the

 8  employing agency or Governor's office.  A verifiable complaint

 9  shall be completed within 1 year after receipt of the

10  complaint.  An investigation shall be considered completed

11  upon a finding by a probable cause panel of the commission.

12  These time periods shall be tolled during the appeal of a

13  termination or other disciplinary action through the

14  administrative or judicial process or during the period of any

15  criminal prosecution of the officer.

16         (b)1.  The report of misconduct and all records or

17  information provided to or developed by the commission during

18  the course of an investigation conducted by the commission are

19  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.

20  I of the State Constitution and, except as otherwise provided

21  by law, such information shall be subject to public disclosure

22  only after a determination as to probable cause has been made

23  or until the investigation becomes inactive.

24         2.  However, not more than 30 days before the results

25  of an investigation are to be presented to a probable cause

26  panel, an officer who is being investigated, or the officer's

27  attorney, may review any documents or other information

28  regarding the investigation which was developed by or provided

29  to the commission.

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    Florida Senate - 2006                           CS for SB 1474
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 1         (c)  When an officer's certification is revoked in any

 2  discipline, his or her certification in any other discipline

 3  shall simultaneously be revoked.

 4         (8)(7)  Upon a finding by the commission that a

 5  certified officer has not maintained good moral character, the

 6  definition of which has been adopted by rule and is

 7  established as a statewide standard, as required by s.

 8  943.13(7), the commission may enter an order imposing one or

 9  more of the following penalties:

10         (a)  Revocation of certification.

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

12  exceed 2 years.

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

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

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

16  conditions, the commission may revoke certification or impose

17  additional penalties as enumerated in this subsection.

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

19  recruit, advanced, or career development training or such

20  retraining deemed appropriate by the commission.

21         (e)  Issuance of a reprimand.

22         (9)(8)(a)  The commission shall, by rule, adopt

23  disciplinary guidelines and procedures to administer the

24  penalties provided in subsections (7) (6) and (8) (7). The

25  commission may, by rule, prescribe penalties for certain

26  offenses. The commission shall, by rule, set forth aggravating

27  and mitigating circumstances to be considered when imposing

28  the penalties provided in subsection (8) (7).

29         (b)1.  The disciplinary guidelines and prescribed

30  penalties must be based upon the severity of specific

31  offenses. The guidelines must provide reasonable and

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    Florida Senate - 2006                           CS for SB 1474
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 1  meaningful notice to officers and to the public of penalties

 2  that may be imposed for prohibited conduct. The penalties must

 3  be consistently applied by the commission.

 4         2.  On or before July 1 of each odd-numbered year, the

 5  commission shall conduct a workshop to receive public comment

 6  and evaluate disciplinary guidelines and penalties. The

 7  commission chair shall appoint a 12-member advisory panel,

 8  composed of six officers and six representatives of criminal

 9  justice management positions, to make recommendations to the

10  commission concerning disciplinary guidelines.

11         (c)  For the purpose of implementing the penalties

12  provided in subsections (7) (6) and (8) (7), the chair of the

13  commission may appoint one or more panels of three

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

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

16  a letter of guidance to the officer.

17         (d)  When an employing agency disciplines an officer

18  and the officer's employment is continued or reinstated by the

19  agency, the Criminal Justice Professionalism Program shall

20  review the sustained disciplinary charges and disciplinary

21  penalty to determine whether the penalty conforms to the

22  disciplinary penalties prescribed by commission rule, and, in

23  writing, notify the employing agency and officer of the

24  results of the review. If the penalty conforms to the

25  disciplinary penalty provided by rule, the officer and

26  employing agency shall be notified, by a letter of

27  acknowledgment, that no further action shall be taken. If the

28  penalty does not conform to such disciplinary penalty

29  prescribed by rule, the officer and employer shall be

30  notified, in writing, of further action to be taken. The

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    Florida Senate - 2006                           CS for SB 1474
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 1  commission shall adopt rules establishing procedures for

 2  administering this subsection.

 3         (e)  An administrative law judge assigned to conduct a

 4  hearing under ss. 120.569 and 120.57(1) regarding allegations

 5  that an officer is not in compliance with, or has failed to

 6  maintain compliance with, s. 943.13(4) or (7) must, in his or

 7  her recommended order:

 8         1.  Adhere to the disciplinary guidelines and penalties

 9  set forth in subsections (7) (6) and (8) (7) and the rules

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

11         2.  Specify, in writing, any aggravating or mitigating

12  circumstance that he or she considered in determining the

13  recommended penalty.

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15  Any deviation from the disciplinary guidelines or prescribed

16  penalty must be based upon circumstances or factors that

17  reasonably justify the aggravation or mitigation of the

18  penalty. Any deviation from the disciplinary guidelines or

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

20  administrative law judge.

21         (10)(9)  Each person employed pursuant to s. 943.131 is

22  subject to discipline by the commission. Persons who have been

23  subject to disciplinary action pursuant to this subsection are

24  ineligible for employment or appointment under s. 943.131.

25         (a)  The commission shall cause to be investigated any

26  conduct defined in subsection (7) (6) or subsection (8) (7) by

27  a person employed under s. 943.131 and shall set disciplinary

28  guidelines and penalties prescribed in rules applicable to

29  such noncertified persons.

30         (b)  The disciplinary guidelines and prescribed

31  penalties must be based upon the severity of specific

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    Florida Senate - 2006                           CS for SB 1474
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 1  offenses. The guidelines must provide reasonable and

 2  meaningful notice to officers and to the public of penalties

 3  that may be imposed for prohibited conduct. The penalties must

 4  be consistently applied by the commission.

 5         (c)  In addition, the commission may establish

 6  violations and disciplinary penalties for intentional abuse of

 7  the employment option provided by s. 943.131 by an individual

 8  or employing agency.

 9         (11)(10)  An officer whose certification has been

10  revoked pursuant to this section shall be ineligible for

11  employment or appointment under s. 943.131.

12         Section 2.  Subsection (5) of section 943.22, Florida

13  Statutes, is amended to read:

14         943.22  Salary incentive program for full-time

15  officers.--

16         (5)  An officer is not entitled to full or proportional

17  salary incentive payments for training completed pursuant to

18  s. 943.1395(8)(7).

19         Section 3.  This act shall take effect July 1, 2006.

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    Florida Senate - 2006                           CS for SB 1474
    591-2318-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1474

 3                                 

 4  -    Amends s. 943.1395, F.S., rather than s. 121.091(9)(b)1.,
         F.S.
 5  
    -    Inserts language in the CS to provide that the employee
 6       rehired after retirement must serve in the lowest rank
         and pay scale position for a minimum of three years from
 7       the date of retirement or termination.

 8  -    Provides that the officer's certification will become
         inactive if the re-employment provisions of the bill are
 9       violated.

10  -    Establishes that the limitations in the bill do not apply
         to an officer later elected as sheriff or appointed as
11       sheriff or other appointed office with law enforcement,
         correction, or correctional probation officer
12       responsibilities.

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