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.