| 1 | The Governmental Operations Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to reemployment after retirement; amending |
| 7 | s. 943.1395, F.S.; prohibiting certain reemployment for |
| 8 | certain law enforcement, correctional, and correctional |
| 9 | probation officers; conforming cross-references; amending |
| 10 | s. 943.22, F.S.; conforming a cross-reference; providing |
| 11 | an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Subsections (4) through (10) of section |
| 16 | 943.1395, Florida Statutes, are renumbered as subsections (5) |
| 17 | through (11), respectively, present subsections (8) and (9) are |
| 18 | amended, and a new subsection (4) is added to that section, to |
| 19 | read: |
| 20 | 943.1395 Certification for employment or appointment; |
| 21 | concurrent certification; reemployment or reappointment; |
| 22 | reemployment after retirement; inactive status; revocation; |
| 23 | suspension; investigation.-- |
| 24 | (4) A law enforcement officer, correctional officer, or |
| 25 | correctional probation officer seeking appointment, |
| 26 | reappointment, employment, or reemployment with the same |
| 27 | employing agency from which the law enforcement officer, |
| 28 | correctional officer, or correctional probation officer retired |
| 29 | under chapter 121 may only be appointed, reappointed, employed, |
| 30 | or reemployed at the lowest rank and pay scale for a certified |
| 31 | law enforcement officer, correctional officer, or correctional |
| 32 | probation officer within the employing agency for a minimum of 3 |
| 33 | years. The certification of a law enforcement officer, |
| 34 | correctional officer, or correctional probation officer who |
| 35 | violates the provisions of this subsection shall become |
| 36 | inactive. This subsection shall not otherwise limit the |
| 37 | employment or appointment opportunities for the law enforcement |
| 38 | officer, correctional officer, or correctional probation officer |
| 39 | at any other employing agency. This subsection shall not change |
| 40 | the applicable limitations in s. 121.091(9). |
| 41 | (9)(8)(a) The commission shall, by rule, adopt |
| 42 | disciplinary guidelines and procedures to administer the |
| 43 | penalties provided in subsections (7) (6) and (8) (7). The |
| 44 | commission may, by rule, prescribe penalties for certain |
| 45 | offenses. The commission shall, by rule, set forth aggravating |
| 46 | and mitigating circumstances to be considered when imposing the |
| 47 | penalties provided in subsection (8) (7). |
| 48 | (b)1. The disciplinary guidelines and prescribed penalties |
| 49 | must be based upon the severity of specific offenses. The |
| 50 | guidelines must provide reasonable and meaningful notice to |
| 51 | officers and to the public of penalties that may be imposed for |
| 52 | prohibited conduct. The penalties must be consistently applied |
| 53 | by the commission. |
| 54 | 2. On or before July 1 of each odd-numbered year, the |
| 55 | commission shall conduct a workshop to receive public comment |
| 56 | and evaluate disciplinary guidelines and penalties. The |
| 57 | commission chair shall appoint a 12-member advisory panel, |
| 58 | composed of six officers and six representatives of criminal |
| 59 | justice management positions, to make recommendations to the |
| 60 | commission concerning disciplinary guidelines. |
| 61 | (c) For the purpose of implementing the penalties provided |
| 62 | in subsections (7) (6) and (8) (7), the chair of the commission |
| 63 | may appoint one or more panels of three commissioners each to |
| 64 | determine probable cause. In lieu of a finding of probable |
| 65 | cause, the probable cause panel may issue a letter of guidance |
| 66 | to the officer. |
| 67 | (d) When an employing agency disciplines an officer and |
| 68 | the officer's employment is continued or reinstated by the |
| 69 | agency, the Criminal Justice Professionalism Program shall |
| 70 | review the sustained disciplinary charges and disciplinary |
| 71 | penalty to determine whether the penalty conforms to the |
| 72 | disciplinary penalties prescribed by commission rule, and, in |
| 73 | writing, notify the employing agency and officer of the results |
| 74 | of the review. If the penalty conforms to the disciplinary |
| 75 | penalty provided by rule, the officer and employing agency shall |
| 76 | be notified, by a letter of acknowledgment, that no further |
| 77 | action shall be taken. If the penalty does not conform to such |
| 78 | disciplinary penalty prescribed by rule, the officer and |
| 79 | employer shall be notified, in writing, of further action to be |
| 80 | taken. The commission shall adopt rules establishing procedures |
| 81 | for administering this subsection. |
| 82 | (e) An administrative law judge assigned to conduct a |
| 83 | hearing under ss. 120.569 and 120.57(1) regarding allegations |
| 84 | that an officer is not in compliance with, or has failed to |
| 85 | maintain compliance with, s. 943.13(4) or (7) must, in his or |
| 86 | her recommended order: |
| 87 | 1. Adhere to the disciplinary guidelines and penalties set |
| 88 | forth in subsections (7) (6) and (8) (7) and the rules adopted |
| 89 | by the commission for the type of offense committed. |
| 90 | 2. Specify, in writing, any aggravating or mitigating |
| 91 | circumstance that he or she considered in determining the |
| 92 | recommended penalty. |
| 93 |
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| 94 | Any deviation from the disciplinary guidelines or prescribed |
| 95 | penalty must be based upon circumstances or factors that |
| 96 | reasonably justify the aggravation or mitigation of the penalty. |
| 97 | Any deviation from the disciplinary guidelines or prescribed |
| 98 | penalty must be explained, in writing, by the administrative law |
| 99 | judge. |
| 100 | (10)(9) Each person employed pursuant to s. 943.131 is |
| 101 | subject to discipline by the commission. Persons who have been |
| 102 | subject to disciplinary action pursuant to this subsection are |
| 103 | ineligible for employment or appointment under s. 943.131. |
| 104 | (a) The commission shall cause to be investigated any |
| 105 | conduct defined in subsection (7) (6) or subsection (8) (7) by a |
| 106 | person employed under s. 943.131 and shall set disciplinary |
| 107 | guidelines and penalties prescribed in rules applicable to such |
| 108 | noncertified persons. |
| 109 | (b) The disciplinary guidelines and prescribed penalties |
| 110 | must be based upon the severity of specific offenses. The |
| 111 | guidelines must provide reasonable and meaningful notice to |
| 112 | officers and to the public of penalties that may be imposed for |
| 113 | prohibited conduct. The penalties must be consistently applied |
| 114 | by the commission. |
| 115 | (c) In addition, the commission may establish violations |
| 116 | and disciplinary penalties for intentional abuse of the |
| 117 | employment option provided by s. 943.131 by an individual or |
| 118 | employing agency. |
| 119 | Section 2. Subsection (5) of section 943.22, Florida |
| 120 | Statutes, is amended to read: |
| 121 | 943.22 Salary incentive program for full-time officers.-- |
| 122 | (5) An officer is not entitled to full or proportional |
| 123 | salary incentive payments for training completed pursuant to s. |
| 124 | 943.1395(8)(7). |
| 125 | Section 3. This act shall take effect July 1, 2006. |