CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 2102, 35 Fla. L. Weekly Fed. D 452
...The Sheriff filed a Renewed Motion for Directed Verdict and Motion to Set Aside Verdict. The trial court granted the motion. In doing so, the court indicated that the common law provided the Sheriff with absolute immunity for statements made in the course of his duties. The qualification of absolute immunity under section 943.139(4), Florida Statutes (2008) applied only to the administrator of the employing agency who prepares the CJSTC Form 61; not to the Sheriff....
...The court then entered a final judgment for the Sheriff, from which the plaintiff now appeals. On appeal, the plaintiff argues error only in the trial court's ruling on the motion to set aside the verdict and entry of the directed verdict and final judgment. She argues that the provisions of section 943.139(4) apply to the Sheriff and qualify the common law absolute immunity otherwise afforded him. Section 943.139(4), Florida Statutes (2008) states: (4) An administrator of an employing agency who discloses information pursuant to this section is immune from civil liability in accordance with the provisions of s....
...Here, it is undisputed that the filing of the CJSTC Form 61 took place within the course and scope of the Sheriff's Office. The real issue is whether the statute requiring the filing of the form somehow qualified the Sheriff's absolute immunity. We think not. Section
943.139(4) applies to an administrator of an employing agency who discloses information. Under section
768.095, if that administrator discloses knowingly false information, it loses its immunity from civil liability. By its very terms, section
943.139(4) applies to the administrator who files the form....
...y disclosed false information. The verdict form merely asked the jury whether the information on the form was substantially true. Further, to abrogate or limit immunity, a statute must be clear. Bryan v. Landis,
106 Fla. 19,
142 So. 650, 651 (1932). Section
943.139(4) fails to clearly abrogate, limit, or qualify the absolute immunity provided the Sheriff under common law....
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
...on, you have written on the commission's behalf to request my opinion on substantially the following questions: 1. What is a "completed report of the disciplinary or internal affairs investigation from the employing agency" as that phrase is used in section 943.1395 (6)(a), Florida Statutes? 2. Is the Criminal Justice Standards and Training Commission legally authorized to initiate disciplinary action against an officer's certificate if an investigation initiated by the commission pursuant to section 943.139 , Florida Statutes, is not completed and presented for a probable cause determination hearing within six months after receipt of the completed employing agency investigation or is that determination discretionary with the commission?...
...in the Department of Law Enforcement 1 and is the body charged with the responsibility to "[e]stablish uniform minimum employment standards for the various criminal justice disciplines" and "[c]ertify, and revoke the certification of, officers[.]" 2 Section 943.1395 (1), Florida Statutes, provides that the commission certifies, pursuant to procedures established by administrative rule, "any person for employment or appointment as an officer[.]" As required by this section, the commission is also...
...Rule 11B-27.004 , Florida Administrative Code, adopted by the Florida Department of Law Enforcement, outlines the procedures for a probable cause determination by the commission and states: "At the conclusion of the preliminary investigation and when the reports and documents are received as directed by Sections 943.139 and 943.1395 , F.S., a determination of probable cause shall be made before the Commission initiates proceedings to take disciplinary action against the certification of an officer." Section 943.139 , Florida Statutes, requires an employing agency to immediately notify the commission in writing of the separation from employment or appointment of any officer....
...etirement, or voluntary or involuntary extended leave of absence of the officer. A copy of the completed report of the disciplinary or internal affairs investigation must be forwarded to the commission for a probable cause determination. Pursuant to section 943.1395 (6)(a), Florida Statutes, the commission is required to revoke the certification of any officer who is found not to be in compliance with these statutory requirements or who intentionally executed a false affidavit: "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 investigate verifiable complaints....
...n of its investigation of a complaint begins to run after the completed report is received. My research has revealed no case law on this matter, nor have you brought any to my attention. This language was added to the statute through an amendment to section 943.1395 , Florida Statutes, in 1995. 8 Legislative history surrounding the adoption of this amendment indicates that the Legislature intended that "any investigation by the commission related to the termination of an officer must be completed within 6 months[.]" The amendment to section 943.1395 was described as follows: "Section 3 amends s. 943.1395 , F.S., to require the commission to complete an investigation within 6 months when the investigation may result in the revocation of an officer's certification....
...." 9 One of the sponsors of the bill, Representative Arnall, advised a House committee hearing the bill that "this also has a limitation for 6 months for the investigation — in other words, you can't continue that process forever and ever." 10 Based on the language of section
943.1395 (5), Florida Statutes, when read together with Rule 11B-27.004 , Florida Administrative Code, and the clear intent of the Legislature that this process be conducted in a timely manner, it is my opinion that a "completed report of the disciplinary or internal affairs investigation from the employing agency" as that phrase is used in section
943.1395 (6)(a), Florida Statutes, refers to the report submitted by the employing agency to the Criminal Justice Standards and Training Commission pursuant to section
112.533 (2)(a), Florida Statutes. This statute establishes a procedure for the receipt and investigation of complaints by an employing agency. Reading section
112.533 , Florida Statutes, together with section
943.139 , Florida Statutes, would require the employing agency to immediately notify the commission in writing, on a form adopted by the commission, of the firing, termination, resignation, retirement, or voluntary or involuntary extended leave of absence of the officer....
...11 Question Two You have also asked whether the Criminal Justice Standards and Training Commission is authorized to take action against an officer's certification if it has not completed its investigation within the six-month time period provided in section 943.1395 (6)(a), Florida Statutes....
...Officers must obey the statutes until a court with appropriate jurisdiction determines otherwise. 13 Finally, if any reasonable doubt exists as to the lawful existence of a particular power that is being exercised, the further exercise of the power should be arrested. 14 Section 943.1395 (6)(a), Florida Statutes, specifically provides that "[a]ny 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 af...
...guage is plain and without ambiguity, it fixes legislative intent and interpretation and construction are not needed. 15 Thus, it is my opinion that upon receipt of a completed report from the employing agency or Governor's office as provided for in section 943.1395 (6)(a), Florida Statutes, the Criminal Justice Standards and Training Commission must complete its investigation within a six month period....
...I would note, however, that Florida courts have held that an agency's failure to meet procedural benchmarks such as investigation deadlines will not prevent disciplinary action unless the delay has prejudiced the employee. 16 If the limitations prescribed by section 943.1395 (6)(a), Florida Statutes, do not provide adequate time for investigation, the commission may wish to work with the Legislature to amend these statutorily prescribed limits....
...Concluded the investigation with a finding to proceed with disciplinary action or to file charges." Thus, if an internal investigation of a law enforcement officer is concluded with a finding to proceed with disciplinary action or to file charges, the investigation has concluded. 5 Section 943.139 (1), Fla. Stat. 6 Section 943.139 (2), Fla....
...pril 25, 1995. The statute also makes provision for investigation of "verifiable complaints" and establishes a 1 year time line for those investigations. 10 CS/HB 491, Tape Recording, House Finance Tax Committee Meeting, April 18, 1995. 11 And see , s. 943.1395 (6)(a), Fla....
