Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SPB 7006
       
       
       
       
       
       
                                Ì5706646Î570664                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/09/2016           .                                
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       The Committee on Criminal Justice (Gibson) 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 22 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 judge with past criminal
   15  jurisdiction designated by the Office of the State Courts
   16  Administrators; 1 state attorney designated by the Florida
   17  Prosecuting Attorneys Association; 1 public defender designated
   18  by the Florida Public Defender Association; and 16 members
   19  appointed by the Governor, consisting of 3 sheriffs; 3 chiefs of
   20  police; 6 5 law enforcement officers or correctional officers
   21  who are of the rank of captain sergeant or below within the
   22  employing agency; 2 correctional officers, 1 of whom is an
   23  administrator of a state correctional institution and 1 of whom
   24  is of the rank of sergeant or below within the employing agency;
   25  1 training center director;1 person who is in charge of a county
   26  correctional institution; and 2 residents 1 resident of the
   27  state who have never been employed by any of the departments,
   28  institutions, or agencies in any falls into none of the
   29  foregoing classifications. Prior to the appointment, the
   30  sheriff, chief of police, law enforcement officer, and
   31  correctional officer members must have had at least 4 years’
   32  experience as law 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 Courts Administrators. The Office of the
   44  State Courts Administrators shall submit its list of two
   45  nominees at least 3 months before the expiration of the term of
   46  any 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. In appointing one public defender, the Governor shall
   54  choose the appointment from a list of two nominees submitted by
   55  the Florida Public Defender Association. The Florida Public
   56  Defender Association shall submit its list of two nominees at
   57  least 3 months before the expiration of the term of any public
   58  defender.
   59         4.1. In appointing the three sheriffs, the Governor shall
   60  choose each appointment from a list of six nominees submitted by
   61  the Florida Sheriffs Association. The Florida Sheriffs
   62  Association shall submit its list of six nominees at least 3
   63  months before the expiration of the term of any sheriff member.
   64         5.2. In appointing the three chiefs of police, the Governor
   65  shall choose each appointment from a list of six nominees
   66  submitted by the Florida Police Chiefs Association. The Florida
   67  Police Chiefs Association shall submit its list of six nominees
   68  at least 3 months before the expiration of the term of any
   69  police chief member.
   70         6.3.For appointments made on or after July 1, 2016, in
   71  appointing the five law enforcement officers and one
   72  correctional officers officer of the rank of captain sergeant or
   73  below, the Governor shall choose each appointment from a list of
   74  six nominees submitted by a committee comprised of three members
   75  of the collective bargaining agent for the largest number of
   76  certified law enforcement or correctional officer bargaining
   77  units, two members of the collective bargaining agent for the
   78  second largest number of certified law enforcement or
   79  correctional officer bargaining units, and one member of the
   80  collective bargaining agent representing the largest number of
   81  state law enforcement officers or correctional officers in
   82  certified law enforcement bargaining units. At least one of the
   83  names submitted for each of the six five appointments who are
   84  law enforcement officers or correctional officers must be an
   85  officer who is not in a collective bargaining unit.
   86         (c) Members appointed by the Governor shall be appointed
   87  for terms of 4 years, and no member shall serve beyond the time
   88  he or she ceases to hold the office or employment by reason of
   89  which the member was eligible for appointment to the commission.
   90  Any member appointed to fill a vacancy occurring because of
   91  death, resignation, or ineligibility for membership shall serve
   92  only for the unexpired term of his or her predecessor.
   93         (d) Each member appointed by the Governor shall be
   94  accountable to the Governor for the proper performance of the
   95  duties of his or her office. The Governor may remove from office
   96  any such member for malfeasance, misfeasance, neglect of duty,
   97  incompetence, or permanent inability to perform official duties
   98  or for pleading guilty or nolo contendere to, or being found
   99  guilty of, a felony.
  100         (e) Membership on the commission shall be construed as an
  101  extension of the duties of the office by which the member was
  102  appointed to the commission. Membership on the commission does
  103  not disqualify a member from holding any other public office or
  104  being employed by a public entity, except that no member of the
  105  Legislature shall serve on the commission. The Legislature finds
  106  that the commission serves a state, county, and municipal
  107  purpose and that service on the commission is consistent with a
  108  member’s principal service in a public office or employment.
  109         (f) Members of the commission shall serve without
  110  compensation but shall be entitled to be reimbursed for per diem
  111  and travel expenses as provided by s. 112.061.
  112         (2) The commission shall annually elect its chair and other
  113  officers. The commission shall hold at least four regular
  114  meetings each year at the call of the chair or upon the written
  115  request of three members of the commission. A majority of the
  116  members of the commission constitutes a quorum.
  117         (3) The Department of Legal Affairs shall serve as legal
  118  counsel to the commission.
  119  
  120  ================= T I T L E  A M E N D M E N T ================
  121  And the title is amended as follows:
  122         Delete lines 2 - 12
  123  and insert:
  124         An act relating to criminal justice; amending s.
  125         216.136, F.S.; requiring the Criminal Justice
  126         Estimating Conference to develop projections of prison
  127         admissions and populations for elderly felony
  128         offenders; amending s. 921.0021, F.S.; revising the
  129         definition of “victim injury” by removing a
  130         prohibition on assessing certain victim injury
  131         sentence points for sexual misconduct by an employee
  132         of the Department of Corrections or a private
  133         correctional facility with an inmate or an offender
  134         supervised by the department; conforming a provision
  135         to changes made by the act; amending s. 943.11, F.S.;
  136         revising the composition of the Criminal Justice
  137         Standards and Training Commission; adding to the
  138         commission a circuit judge, a state attorney, a public
  139         defender, and an additional resident of the state;
  140         requiring that the law enforcement officers and
  141         correctional officers appointed to the commission be
  142         of the rank of captain or below; deleting the training
  143         center director from the commission; prohibiting
  144         residents serving on the commission from having been
  145         employed by certain departments, institutions, or
  146         agencies; specifying that the Governor choose the
  147         appointments from lists submitted by the Office of the
  148         State Courts Administrators, by the Florida
  149         Prosecuting Attorneys Association, and by the Florida
  150         Public Defender Association; amending s.