Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SPB 7006
       
       
       
       
       
       
                                Ì7236825Î723682                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/09/2016           .                                
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       The Committee on Criminal Justice (Brandes) recommended the
       following:
       
    1         Senate Substitute for Amendment (328176) (with title
    2  amendment)
    3  
    4         Between lines 85 and 86
    5  insert:
    6         Section 3. Section 943.11, Florida Statutes, is amended to
    7  read:
    8         943.11 Criminal Justice Standards and Training Commission;
    9  membership; meetings; compensation.—
   10         (1)(a) There is created a Criminal Justice Standards and
   11  Training Commission within the Department of Law Enforcement.
   12  The commission shall be composed of 21 19 members, consisting of
   13  the Secretary of Corrections or a designated assistant; the
   14  Attorney General or a designee; the Director of the Division of
   15  the Florida Highway Patrol; 1 circuit court judge with past
   16  criminal jurisdiction designated by the Office of the State
   17  Court Administrator; 1 state attorney designated by the Florida
   18  Prosecuting Attorneys Association; and 16 members appointed by
   19  the Governor, consisting of 3 sheriffs; 3 chiefs of police; 6 5
   20  law enforcement officers or correctional officers who are of the
   21  rank of captain sergeant or below within the employing agency; 2
   22  correctional officers, 1 of whom is an administrator of a state
   23  correctional institution and 1 of whom is of the rank of
   24  sergeant or below within the employing agency; 1 training center
   25  director;1 person who is in charge of a county correctional
   26  institution; and 2 residents 1 resident of the state who have
   27  never been employed by any of the departments, institutions, or
   28  agencies in any falls into none of the foregoing
   29  classifications. Prior to the appointment, the sheriff, chief of
   30  police, law enforcement officer, and correctional officer
   31  members must have had at least 4 years’ experience as law
   32  enforcement officers or correctional officers.
   33         (b) The Governor, in making appointments under this
   34  section, shall take into consideration representation by
   35  geography, population, and other relevant factors in order that
   36  the representation on the commission be apportioned to give
   37  representation to the state at large rather than to a particular
   38  area. Of the appointed members, and except for correctional
   39  officers of a state institution, there may be only one
   40  appointment from any employing agency.
   41         1. In appointing one circuit judge, the Governor shall
   42  choose the appointment from a list of two nominees submitted by
   43  the Office of the State Court Administrator. The Office of the
   44  State Court Administrator shall submit its list of two nominees
   45  at least three months before the expiration of the term of any
   46  circuit judge.
   47         2. In appointing one state attorney, the Governor shall
   48  choose the appointment from a list of two nominees submitted by
   49  the Florida Prosecuting Attorneys Association. The Florida
   50  Prosecuting Attorneys Association shall submit its list of two
   51  nominees at least 3 months before the expiration of the term of
   52  any state attorney.
   53         3. 1. In appointing the three sheriffs, the Governor shall
   54  choose each appointment from a list of six nominees submitted by
   55  the Florida Sheriffs Association. The Florida Sheriffs
   56  Association shall submit its list of six nominees at least 3
   57  months before the expiration of the term of any sheriff member.
   58         4. 2. In appointing the three chiefs of police, the
   59  Governor shall choose each appointment from a list of six
   60  nominees submitted by the Florida Police Chiefs Association. The
   61  Florida Police Chiefs Association shall submit its list of six
   62  nominees at least 3 months before the expiration of the term of
   63  any police chief member.
   64         5. 3.For appointments made on or after July 1, 2016, in
   65  appointing the five law enforcement officers and one
   66  correctional officers officer of the rank of captain sergeant or
   67  below, the Governor shall choose each appointment from a list of
   68  six nominees submitted by a committee comprised of three members
   69  of the collective bargaining agent for the largest number of
   70  certified law enforcement or correctional officer bargaining
   71  units, two members of the collective bargaining agent for the
   72  second largest number of certified law enforcement or
   73  correctional officer bargaining units, and one member of the
   74  collective bargaining agent representing the largest number of
   75  state law enforcement officers or correctional officers in
   76  certified law enforcement bargaining units. At least one of the
   77  names submitted for each of the six five appointments who are
   78  law enforcement officers or correctional officers must be an
   79  officer who is not in a collective bargaining unit.
   80         (c) Members appointed by the Governor shall be appointed
   81  for terms of 4 years, and no member shall serve beyond the time
   82  he or she ceases to hold the office or employment by reason of
   83  which the member was eligible for appointment to the commission.
   84  Any member appointed to fill a vacancy occurring because of
   85  death, resignation, or ineligibility for membership shall serve
   86  only for the unexpired term of his or her predecessor.
   87         (d) Each member appointed by the Governor shall be
   88  accountable to the Governor for the proper performance of the
   89  duties of his or her office. The Governor may remove from office
   90  any such member for malfeasance, misfeasance, neglect of duty,
   91  incompetence, or permanent inability to perform official duties
   92  or for pleading guilty or nolo contendere to, or being found
   93  guilty of, a felony.
   94         (e) Membership on the commission shall be construed as an
   95  extension of the duties of the office by which the member was
   96  appointed to the commission. Membership on the commission does
   97  not disqualify a member from holding any other public office or
   98  being employed by a public entity, except that no member of the
   99  Legislature shall serve on the commission. The Legislature finds
  100  that the commission serves a state, county, and municipal
  101  purpose and that service on the commission is consistent with a
  102  member’s principal service in a public office or employment.
  103         (f) Members of the commission shall serve without
  104  compensation but shall be entitled to be reimbursed for per diem
  105  and travel expenses as provided by s. 112.061.
  106         (2) The commission shall annually elect its chair and other
  107  officers. The commission shall hold at least four regular
  108  meetings each year at the call of the chair or upon the written
  109  request of three members of the commission. A majority of the
  110  members of the commission constitutes a quorum.
  111         (3) The Department of Legal Affairs shall serve as legal
  112  counsel to the commission.
  113  
  114  ================= T I T L E  A M E N D M E N T ================
  115  And the title is amended as follows:
  116         Delete lines 1 - 12
  117  and insert:
  118         An act relating to criminal justice; amending s.
  119         216.136, F.S.; requiring the Criminal Justice
  120         Estimating Conference to develop projections of prison
  121         admissions and populations for elderly felony
  122         offenders; amending s. 921.0021, F.S.; revising the
  123         definition of “victim injury” by removing a
  124         prohibition on assessing certain victim injury
  125         sentence points for sexual misconduct by an employee
  126         of the Department of Corrections or a private
  127         correctional facility with an inmate or an offender
  128         supervised by the department; conforming a provision
  129         to changes made by the act; amending s. 943.11, F.S.;
  130         modifying the composition of the Criminal Justice
  131         Standards and Training Commission; adding to the
  132         commission a circuit court judge, a state attorney and
  133         additional resident of the state; specifying that the
  134         Governor choose the newly added appointments from
  135         lists submitted by the Office of the State Court
  136         Administrator and from the Florida Prosecuting
  137         Attorneys Association; requiring residents serving on
  138         the commission to have never been employed with
  139         certain departments, institutions, or agencies;
  140         removing the training center director from the
  141         commission; requiring that the 6 law enforcement
  142         officers and one correctional officer appointed to the
  143         commission be of the rank of captain or below;
  144         amending s.