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Florida Statute 943.1395 | Lawyer Caselaw & Research
F.S. 943.1395 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 943
DEPARTMENT OF LAW ENFORCEMENT
View Entire Chapter
F.S. 943.1395
943.1395 Certification for employment or appointment; concurrent certification; reemployment or reappointment; inactive status; revocation; suspension; investigation.
(1) The commission shall certify, under procedures established by rule, any person for employment or appointment as an officer if:
(a) The person complies with s. 943.13(1)-(10); and
(b) The employing agency complies with s. 943.133(2) and (3).
(2) An officer who is certified in one discipline and who complies with s. 943.13 in another discipline shall hold concurrent certification and may be assigned in either discipline within his or her employing agency.
(3) Any certified officer who has separated from employment or appointment and who is not reemployed or reappointed by an employing agency within 4 years after the date of separation must meet the minimum qualifications described in s. 943.13, except for the requirement found in s. 943.13(9). Further, such officer must complete any training required by the commission by rule in compliance with s. 943.131(2). Any such officer who fails to comply with the requirements provided in s. 943.131(2) must meet the minimum qualifications described in s. 943.13, to include the requirement of s. 943.13(9).
(4) The certification of an officer who fails to comply with s. 943.135(1) shall be inactive, and the officer may not be employed or appointed as an officer until he or she complies with the provisions of s. 943.135(1).
(5) The employing agency must conduct an internal investigation if it has cause to suspect that an officer is not in compliance with, or has failed to maintain compliance with, s. 943.13(4) or (7). If an officer is not in compliance with, or has failed to maintain compliance with, s. 943.13(4) or (7), the employing agency must submit the investigative findings and supporting information and documentation to the commission in accordance with rules adopted by the commission. The commission may inspect and copy an employing agency’s records to ensure compliance with this subsection.
(6) The commission shall revoke the certification of any officer who is not in compliance with the provisions of s. 943.13(4) or who intentionally executes a false affidavit established in s. 943.13(8), s. 943.133(2), or s. 943.139(2).
(a) The commission shall cause to be investigated any ground for revocation from the employing agency pursuant to s. 943.139 or from the Governor, and the commission may cause verifiable complaints to be investigated. Any investigation initiated by the commission pursuant to this section must be completed within 6 months after receipt of the completed report of the disciplinary or internal affairs investigation from the employing agency or Governor’s office. A verifiable complaint shall be completed within 1 year after receipt of the complaint. An investigation shall be considered completed upon a finding by a probable cause panel of the commission. These time periods shall be tolled during the appeal of a termination or other disciplinary action through the administrative or judicial process or during the period of any criminal prosecution of the officer.
(b)1. The report of misconduct and all records or information provided to or developed by the commission during the course of an investigation conducted by the commission are exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution and, except as otherwise provided by law, such information shall be subject to public disclosure only after a determination as to probable cause has been made or until the investigation becomes inactive.
2. However, not more than 30 days before the results of an investigation are to be presented to a probable cause panel, an officer who is being investigated, or the officer’s attorney, may review any documents or other information regarding the investigation which was developed by or provided to the commission.
(c) When an officer’s certification is revoked in any discipline, his or her certification in any other discipline shall simultaneously be revoked.
(7) Upon a finding by the commission that a certified officer has not maintained good moral character, the definition of which has been adopted by rule and is established as a statewide standard, as required by s. 943.13(7), the commission may enter an order imposing one or more of the following penalties:
(a) Revocation of certification.
(b) Suspension of certification for a period not to exceed 2 years.
(c) Placement on a probationary status for a period not to exceed 2 years, subject to terms and conditions imposed by the commission. Upon the violation of such terms and conditions, the commission may revoke certification or impose additional penalties as enumerated in this subsection.
(d) Successful completion by the officer of any basic recruit, advanced, or career development training or such retraining deemed appropriate by the commission.
(e) Issuance of a reprimand.
(8)(a) The commission shall, by rule, adopt disciplinary guidelines and procedures to administer the penalties provided in subsections (6) and (7). The commission may, by rule, prescribe penalties for certain offenses. The commission shall, by rule, set forth aggravating and mitigating circumstances to be considered when imposing the penalties provided in subsection (7).
(b)1. The disciplinary guidelines and prescribed penalties must be based upon the severity of specific offenses. The guidelines must provide reasonable and meaningful notice to officers and to the public of penalties that may be imposed for prohibited conduct. The penalties must be consistently applied by the commission.
2. On or before July 1 of each odd-numbered year, the commission shall conduct a workshop to receive public comment and evaluate disciplinary guidelines and penalties. The commission chair shall appoint a 12-member advisory panel, composed of six officers and six representatives of criminal justice management positions, to make recommendations to the commission concerning disciplinary guidelines.
(c) For the purpose of implementing the penalties provided in subsections (6) and (7), the chair of the commission may appoint one or more panels of three commissioners each to determine probable cause. In lieu of a finding of probable cause, the probable cause panel may issue a letter of guidance to the officer.
(d) When an employing agency disciplines an officer and the officer’s employment is continued or reinstated by the agency, the Criminal Justice Professionalism Program shall review the sustained disciplinary charges and disciplinary penalty to determine whether the penalty conforms to the disciplinary penalties prescribed by commission rule, and, in writing, notify the employing agency and officer of the results of the review. If the penalty conforms to the disciplinary penalty provided by rule, the officer and employing agency shall be notified, by a letter of acknowledgment, that no further action shall be taken. If the penalty does not conform to such disciplinary penalty prescribed by rule, the officer and employer shall be notified, in writing, of further action to be taken. The commission shall adopt rules establishing procedures for administering this subsection.
(e) An administrative law judge assigned to conduct a hearing under ss. 120.569 and 120.57(1) regarding allegations that an officer is not in compliance with, or has failed to maintain compliance with, s. 943.13(4) or (7) must, in his or her recommended order:
1. Adhere to the disciplinary guidelines and penalties set forth in subsections (6) and (7) and the rules adopted by the commission for the type of offense committed.
2. Specify, in writing, any aggravating or mitigating circumstance that he or she considered in determining the recommended penalty.

Any deviation from the disciplinary guidelines or prescribed penalty must be based upon circumstances or factors that reasonably justify the aggravation or mitigation of the penalty. Any deviation from the disciplinary guidelines or prescribed penalty must be explained, in writing, by the administrative law judge.

(9) Each person employed pursuant to s. 943.131 is subject to discipline by the commission. Persons who have been subject to disciplinary action pursuant to this subsection are ineligible for employment or appointment under s. 943.131.
(a) The commission shall cause to be investigated any conduct defined in subsection (6) or subsection (7) by a person employed under s. 943.131 and shall set disciplinary guidelines and penalties prescribed in rules applicable to such noncertified persons.
(b) The disciplinary guidelines and prescribed penalties must be based upon the severity of specific offenses. The guidelines must provide reasonable and meaningful notice to officers and to the public of penalties that may be imposed for prohibited conduct. The penalties must be consistently applied by the commission.
(c) In addition, the commission may establish violations and disciplinary penalties for intentional abuse of the employment option provided by s. 943.131 by an individual or employing agency.
(10) An officer whose certification has been revoked pursuant to this section shall be ineligible for employment or appointment under s. 943.131.
History.s. 12, ch. 84-258; s. 8, ch. 85-224; s. 10, ch. 86-187; s. 2, ch. 86-286; ss. 2, 5, 6, ch. 87-186; s. 2, ch. 88-51; s. 5, ch. 91-429; s. 5, ch. 92-131; s. 12, ch. 93-252; s. 1, ch. 94-252; s. 3, ch. 95-408; s. 445, ch. 96-406; s. 319, ch. 96-410; s. 1850, ch. 97-102; s. 4, ch. 2003-278; s. 2, ch. 2004-289; s. 6, ch. 2010-62; s. 30, ch. 2013-116; s. 6, ch. 2018-46; s. 7, ch. 2019-113; s. 10, ch. 2021-241.

F.S. 943.1395 on Google Scholar

F.S. 943.1395 on Casetext

Amendments to 943.1395


Arrestable Offenses / Crimes under Fla. Stat. 943.1395
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 943.1395.



Annotations, Discussions, Cases:

Cases from cite.case.law:

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- INSTRUCTIONS A A, 190 So. 3d 1055 (Fla. 2016)

. . . correctional officer, or correctional probation officer who must be either certified pursuant to ⅛ §_ 943.1395 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 156 So. 3d 1037 (Fla. 2015)

. . . correctional officer, or correctional probation officer who must be either certified pursuant to s. 943.1395 . . .

B. McALPIN, v. CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION,, 155 So. 3d 416 (Fla. Dist. Ct. App. 2014)

. . . . § 943.1395(7), Fla. Stat. (2006). . . . . § 943.1395(8), Fla. Stat. (2006). . . . lesser included offenses, and that an appropriate penalty should be imposed in accordance with section 943.1395 . . . that Appellant had violated sections 914.22(1), 837.012(1), and 112.318(6), thereby violating section 943.1395 . . . For failing to maintain good moral character as required by section 943.1395(7), the ALJ recommended . . .

FRATERNAL ORDER OF POLICE, GATOR LODGE v. CITY OF GAINESVILLE,, 148 So. 3d 798 (Fla. Dist. Ct. App. 2014)

. . . See also § 943.1395(6)(a), Fla. Stat. . . .

L. WILLS, Jr. v. FLORIDA ELECTIONS COMMISSION,, 955 So. 2d 61 (Fla. Dist. Ct. App. 2007)

. . . See § 943.1395, Fla. Stat. . . . Section 943.1395 establishes standards for law enforcement employment, certification, revocation, suspension . . . Section 943.1395(5), Florida Statutes, provides: (5) The employing agency must conduct an internal investigation . . . Section 943.1395(7), Florida Statutes, provides: (7) Upon a fínding by the commission that a certifíed . . .

R. DAVIS, v. CITY OF PANAMA CITY, FLORIDA,, 510 F. Supp. 2d 671 (N.D. Fla. 2007)

. . . . §§ 943.1395(6) and/or (7), and/or 943.13(7) and Rule 11B-27.0011(4)(a). . . .

L. MULLINS, v. DEPARTMENT OF LAW ENFORCEMENT,, 942 So. 2d 998 (Fla. Dist. Ct. App. 2006)

. . . perjury in an official proceeding and had engaged in sex while on duty, thereby, violating sections 943.1395 . . .

THAETER, v. PALM BEACH COUNTY SHERIFF S OFFICE, Ed L. v. Ed L., 449 F.3d 1342 (11th Cir. 2006)

. . . decision is based upon the finding that insufficient grounds exist under the guidelines of Chapter 943.1395 . . .

M. CHILDERS, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, f k a, 696 So. 2d 962 (Fla. Dist. Ct. App. 1997)

. . . Justice Standards and Training Comm’n, 518 So.2d 390 (Fla. 1st DCA 1987)(applying sections 943.13(4) and 943.1395 . . .

CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION, v. BRADLEY,, 596 So. 2d 661 (Fla. 1992)

. . . the recommended penalty, properly increased the penalty within its statutory authority under section 943.1395 . . . Section 943.1395(5) — (6), Florida Statutes (1989), reads, in pertinent part, as follows: (5) The commission . . .

T. SHORT, v. FLORIDA DEPARTMENT OF LAW ENFORCEMENT, CRIMINAL JUSTICE, STANDARDS AND TRAINING COMMISSION,, 589 So. 2d 364 (Fla. Dist. Ct. App. 1991)

. . . The hearing officer concluded as a matter of law that according to section 943.1395(6), Florida Statutes . . . conclusion of law that the penalty range was from reprimand to suspension is incorrect because sections 943.1395 . . . The Commission answers that it did not abuse its discretion by interpreting subsections 943.1395(5) and . . . Section 943.1395(6), Florida Statutes (Supp.1988). . . .

IN RE ALTERNATIVE DETENTION SERVICES, INC., 40 Fla. Supp. 2d 102 (Fla. Cir. Ct. 1990)

. . . supervisors is certified by the Criminal Justice Standards and Training Commission pursuant to section 943.1395 . . . See sections 943.12(3) and 943.1395(1), Florida Statutes (1989). . . . See section 943.1395(5), Florida Statutes (1989). ADS makes two arguments about certification. . . .

CRIMINAL JUSTICE STANDARDS TRAINING COMMISSION v. HATCHER, 35 Fla. Supp. 2d 242 (Fla. Div. Admin. Hearings 1988)

. . . This complaint alleged Respondent was guilty of violating Sections 943.1395(5) and 943.13(4), Florida . . . Section 943.1395(5), Florída Statutes, provides, in pertinent part: The commission shall revoke the certification . . .

W. McNAIR, v. CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION,, 518 So. 2d 390 (Fla. Dist. Ct. App. 1987)

. . . Commission order by which his certification as a correctional officer was revoked pursuant to sections 943.1395 . . . We find that the Commission’s interpretation of sections 943.1395(5) and 943.13(4) is a permissible agency . . . Appellant argues that the commission’s interpretation of section 943.1395(5), providing that the commission . . . Instead, entry of the plea itself creates noncompliance with section 943.13(4), which, under section 943.1395 . . . As to appellant’s separation of powers argument, the foregoing interpretation of section 943.1395(5) . . .

CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION v. DUKES, 24 Fla. Supp. 2d 248 (Fla. Div. Admin. Hearings 1986)

. . . Section 943.1395(5), Florida Statutes (1984 Supplement) provides that the Commission shall revoke the . . . with Section 943.13(7) and his certification is therefore subject to revocation pursuant to Section 943.1395 . . . argues that his certification may not be subject to discipline under the statute charges because Section 943.1395 . . .

CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION v. DALE, 24 Fla. Supp. 2d 254 (Fla. Div. Admin. Hearings 1986)

. . . Dale should be revoked for failure to maintain good moral character under Section 943.1395(5), Florida . . .

CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION v. GORMAN, 18 Fla. Supp. 2d 261 (Fla. Div. Admin. Hearings 1986)

. . . Petitioner contends that by engaging in the foregoing conduct, respondent violated Subsection 943.1395 . . . Respondent is charged with violating Subsection 943.1395(5), Florida Statutes (1985), by virtue of his . . . That rule reads as follows: (2) For the purpose of revocation pursuant to Section 943.1395(5), F.S., . . .

CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION v. MONCRIEF, 21 Fla. Supp. 2d 232 (Fla. Div. Admin. Hearings 1985)

. . . And Section 943.1395(5), Florida Statutes, states, in pertinent part: The commission shall revoke the . . .