Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. SPB 7006 Ì328176?Î328176 LEGISLATIVE ACTION Senate . House Comm: WD . 02/09/2016 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Brandes) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 85 and 86 4 insert: 5 Section 3. Section 943.11, Florida Statutes, is amended to 6 read: 7 943.11 Criminal Justice Standards and Training Commission; 8 membership; meetings; compensation.— 9 (1)(a) There is created a Criminal Justice Standards and 10 Training Commission within the Department of Law Enforcement. 11 The commission shall be composed of 2119members, consisting of 12 the Secretary of Corrections or a designated assistant; the 13 Attorney General or a designee; the Director of the Division of 14 the Florida Highway Patrol; 1 circuit court judge with past 15 criminal jurisdiction designated by the Office of the State 16 Court Administrator; 1 state attorney designated by the Florida 17 Prosecuting Attorneys Association; and 16 members appointed by 18 the Governor, consisting of 3 sheriffs; 3 chiefs of police; 5 19 law enforcement officers who are of the rank of captainsergeant20 or below within the employing agency; 2 correctional officers, 1 21 of whom is an administrator of a state correctional institution 22 and 1 of whom is of the rank of captainsergeantor below within 23 the employing agency;1 training center director;1 person who 24 is in charge of a county correctional institution;and2 25 residents1residentof the state who have never been employed 26 by any of the departments, institutions, or agencies in any 27falls into noneof the foregoing classifications. Prior to the 28 appointment, the sheriff, chief of police, law enforcement 29 officer, and correctional officer members must have had at least 30 4 years’ experience as law enforcement officers or correctional 31 officers. 32 (b) The Governor, in making appointments under this 33 section, shall take into consideration representation by 34 geography, population, and other relevant factors in order that 35 the representation on the commission be apportioned to give 36 representation to the state at large rather than to a particular 37 area. Of the appointed members, and except for correctional 38 officers of a state institution, there may be only one 39 appointment from any employing agency. 40 1. In appointing one circuit judge, the Governor shall 41 choose the appointment from a list of two nominees submitted by 42 the Office of the State Court Administrator. The Office of the 43 State Court Administrator shall submit its list of two nominees 44 at least three months before the expiration of the term of any 45 circuit judge. 46 2. In appointing one state attorney, the Governor shall 47 choose the appointment from a list of two nominees submitted by 48 the Florida Prosecuting Attorneys Association. The Florida 49 Prosecuting Attorneys Association shall submit its list of two 50 nominees at least 3 months before the expiration of the term of 51 any state attorney. 52 3.1.In appointing the three sheriffs, the Governor shall 53 choose each appointment from a list of six nominees submitted by 54 the Florida Sheriffs Association. The Florida Sheriffs 55 Association shall submit its list of six nominees at least 3 56 months before the expiration of the term of any sheriff member. 57 4.2.In appointing the three chiefs of police, the 58 Governor shall choose each appointment from a list of six 59 nominees submitted by the Florida Police Chiefs Association. The 60 Florida Police Chiefs Association shall submit its list of six 61 nominees at least 3 months before the expiration of the term of 62 any police chief member. 63 5.3.In appointing the five law enforcement officers and 64 one correctional officer of the rank of captainsergeantor 65 below, the Governor shall choose each appointment from a list of 66 six nominees submitted by a committee comprised of three members 67 of the collective bargaining agent for the largest number of 68 certified law enforcement bargaining units, two members of the 69 collective bargaining agent for the second largest number of 70 certified law enforcement bargaining units, and one member of 71 the collective bargaining agent representing the largest number 72 of state law enforcement officers in certified law enforcement 73 bargaining units. At least one of the names submitted for each 74 of the five appointments who are law enforcement officers must 75 be an officer who is not in a collective bargaining unit. 76 (c) Members appointed by the Governor shall be appointed 77 for terms of 4 years, and no member shall serve beyond the time 78 he or she ceases to hold the office or employment by reason of 79 which the member was eligible for appointment to the commission. 80 Any member appointed to fill a vacancy occurring because of 81 death, resignation, or ineligibility for membership shall serve 82 only for the unexpired term of his or her predecessor. 83 (d) Each member appointed by the Governor shall be 84 accountable to the Governor for the proper performance of the 85 duties of his or her office. The Governor may remove from office 86 any such member for malfeasance, misfeasance, neglect of duty, 87 incompetence, or permanent inability to perform official duties 88 or for pleading guilty or nolo contendere to, or being found 89 guilty of, a felony. 90 (e) Membership on the commission shall be construed as an 91 extension of the duties of the office by which the member was 92 appointed to the commission. Membership on the commission does 93 not disqualify a member from holding any other public office or 94 being employed by a public entity, except that no member of the 95 Legislature shall serve on the commission. The Legislature finds 96 that the commission serves a state, county, and municipal 97 purpose and that service on the commission is consistent with a 98 member’s principal service in a public office or employment. 99 (f) Members of the commission shall serve without 100 compensation but shall be entitled to be reimbursed for per diem 101 and travel expenses as provided by s. 112.061. 102 (2) The commission shall annually elect its chair and other 103 officers. The commission shall hold at least four regular 104 meetings each year at the call of the chair or upon the written 105 request of three members of the commission. A majority of the 106 members of the commission constitutes a quorum. 107 (3) The Department of Legal Affairs shall serve as legal 108 counsel to the commission. 109 110 ================= T I T L E A M E N D M E N T ================ 111 And the title is amended as follows: 112 Delete lines 1 - 12 113 and insert: 114 An act relating to criminal justice; amending s. 115 216.136, F.S.; requiring the Criminal Justice 116 Estimating Conference to develop projections of prison 117 admissions and populations for elderly felony 118 offenders; amending s. 921.0021, F.S.; revising the 119 definition of “victim injury” by removing a 120 prohibition on assessing certain victim injury 121 sentence points for sexual misconduct by an employee 122 of the Department of Corrections or a private 123 correctional facility with an inmate or an offender 124 supervised by the department; conforming a provision 125 to changes made by the act; amending s. 943.11, F.S.; 126 modifying the composition of the Criminal Justice 127 Standards and Training Commission; adding to the 128 commission a circuit court judge, a state attorney and 129 additional resident of the state; specifying that the 130 Governor choose the newly added appointments from 131 lists submitted by the Office of the State Court 132 Administrator and from the Florida Prosecuting 133 Attorneys Association; requiring residents serving on 134 the commission to have never been employed with 135 certain departments, institutions, or agencies; 136 removing the training center director from the 137 commission; requiring that the 5 law enforcement 138 officers and one correctional officer appointed to the 139 commission be of the rank of captain or below; 140 amending s.