Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SPB 7006
       
       
       
       
       
       
                                Ì328176?Î328176                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/09/2016           .                                
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       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 21 19 members, 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 captain sergeant
   20  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 captain sergeant or below within
   23  the employing agency; 1 training center director; 1 person who
   24  is in charge of a county correctional institution; and 2
   25  residents 1 resident of the state who have never been employed
   26  by any of the departments, institutions, or agencies in any
   27  falls into none of 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 captain sergeant or
   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.