943.14 Commission-certified criminal justice training schools; certificates and diplomas; exemptions; injunctive relief; fines.—
(1) Each criminal justice training school approved by the commission shall obtain from the commission a certificate of compliance, with rules of the commission, signed by the chair of the commission.
(2) Any certificate or diploma issued by any criminal justice training school which relates to completion, graduation, or attendance in criminal justice training or educational subjects, or related matters, must be approved by commission staff in the department’s Criminal Justice Professionalism Program.
(3) The commission shall establish, by rule, procedures for the certification and discipline of all instructors in any criminal justice training school.
(4) Prior to the issuance of a certificate of compliance, or as a condition of continuing certification, all records of any criminal justice training school that relate to training and all financial and personnel records of the school shall be made available to the commission upon request.
(5) No private criminal justice training school may include within its name the word “commission,” “bureau,” or “division” together with the word “Florida” or “state,” the name of any county or municipality, or any misleading derivative thereof which might be construed to represent a government agency or an entity authorized by a government agency.
(6)(a) Commission-approved correctional probation courses and subjects which are taught by Florida 4-year accredited colleges and universities are exempt from subsections (1)-(5) except for such documentation which may be required by the commission. The commission retains control over the content of courses and subjects covered by this subsection as specified in s. 943.17(1)(a). Florida 4-year accredited colleges and universities must obtain approval from the commission prior to offering correctional probation courses. Florida 4-year accredited colleges and universities offering the Correctional Probation Training Program shall teach the learning objectives specified by the commission. The administration of the commission’s Correctional Probation Training Program within a Florida 4-year accredited college or university shall fall within the institution’s established guidelines for course delivery and student attendance. The Florida 4-year accredited college or university shall provide to the commission and to the student proof of successful completion of all the approved objectives required by the commission for the academic courses approved for the Correctional Probation Training Program. The commission-certified training school administering the commission-required correctional probation high-liability training shall provide to the commission and to the student proof of successful completion of all approved objectives.
(b) All other criminal justice sciences or administration courses or subjects which are a part of the curriculum of any accredited college, university, community college, or career center of this state, and all full-time instructors of such institutions, are exempt from the provisions of subsections (1)-(5).
(7) Each criminal justice training school that offers law enforcement, correctional, or correctional probation officer basic recruit training, or selection center that provides applicant screening for criminal justice training schools, shall conduct a criminal history background check of an applicant prior to entrance into the basic recruit class. A complete set of fingerprints must be taken by an authorized criminal justice agency or by an employee of the criminal justice training school or selection center who is trained to take fingerprints. If the employing agency has previously taken a set of fingerprints from the applicant and has obtained a criminal history check of the applicant using the fingerprints, the requirements of this subsection shall be met when the employing agency submits to the criminal justice training school or selection center a letter stating the date on which the agency took the fingerprints of the applicant, a summary of the criminal history check based on the fingerprints, and a certification that the applicant is qualified to enroll in the basic recruit training program pursuant to s. 943.13. If the criminal justice training school or selection center takes the fingerprints, it shall submit the fingerprints to the Florida Department of Law Enforcement for a statewide criminal history check, and forward the fingerprints to the Federal Bureau of Investigation for a national criminal history check. Applicants found through fingerprint processing to have pled guilty to or been convicted of a crime which would render the applicant unable to meet the minimum qualifications for employment as an officer as specified in s. 943.13(4) shall be removed from the pool of qualified candidates by the criminal justice training school or selection center.
(8)(a) If a criminal justice training school or person violates this section, or any rule adopted pursuant hereto, the Department of Legal Affairs, at the request of the chair of the commission, shall apply to the circuit court in the county in which the violation or violations occurred for injunctive relief prohibiting the criminal justice training school or person from operating contrary to this section.
(b)1. In addition to any injunctive relief available under paragraph (a), the commission may impose a civil fine upon any criminal justice training school or person who violates subsection (1) or subsection (5), or any rule adopted pursuant thereto, of up to $10,000 for each violation, which fine shall be paid into the Criminal Justice Standards and Training Trust Fund. The commission may impose a civil fine upon any criminal justice training school or person who violates subsection (2), subsection (3), or subsection (4), or any rule adopted pursuant thereto, of up to $1,000 for each violation, which fine shall be paid into the Criminal Justice Standards and Training Trust Fund.
2. A proceeding under this paragraph shall comply with the provisions of chapter 120, and the final order of the commission constitutes final agency action for the purposes of chapter 120. When the commission imposes a civil fine and the fine is not paid within a reasonable time, the Department of Legal Affairs, at the request of the chair of the commission, shall bring a civil action under the provisions of s. 120.69 to recover the fine. The commission and the Department of Legal Affairs are not required to post any bond in any proceeding herein.
Cited 2 times | Published | Florida 1st District Court of Appeal
...Gen., David P. Gauldin, Asst. Atty. Gen., Tallahassee, for appellee. PER CURIAM. This is an appeal from a final order of the Florida Police Standards and Training Commission ("Commission") revoking appellant Cirnigliaro's certificate which had been issued under Section 943.14, Florida Statutes....
...In his conclusions of law in the recommended order the hearing officer noted that in order to be a police officer one must not have been convicted of a misdemeanor involving moral turpitude, § 943.13(4). [1] Further, before July 1, 1980, the effective date of Section 943.145, Fla....
...Stat., the Commission arguably had only the implied authority to revoke certificates. Authority for such implied power is found in State Board of Education v. Nelson, 372 So.2d 114 (Fla. 1st DCA 1979). The hearing officer concluded that pursuant to Section 943.145, however, the Commission has express authority to deny or to revoke certification for certain enumerated reasons....
...can be revoked for failure to maintain the qualifications of Section 943.13 or of standards promulgated in Commission rules. The hearing officer, by reading the two sections in pari materia, attributed significance to the use of the words "meet" in Section 943.145(2)(b) and "maintain" in Section 943.145(3)(a), giving the Commission authority to revoke certificates only for *82 failure to maintain Section 943.13 qualifications....
...Specifically, the Commission found the conclusions inconsistent with the fact that appellant had pled guilty to and been convicted of violating 18 U.S.C. § 656. With regard to the Commission's decertification authority, the Commission determined the hearing officer's conclusions based on Section 943.145 were erroneous because they would require retroactive application of that section, but legislation is presumed to be effective prospectively only unless it is expressly indicated otherwise....
...(emphasis in final order) The Commission annulled and revoked appellant's certificate. The primary issue on appeal is whether the Commission erred in rejecting the hearing officer's conclusions of law as to the Commission's authority to revoke appellant's certificate. Appellant argues that *83 neither Section 943.13 nor Section 943.14(2) provides for Commission authority to revoke certificates once they have been issued: Section 943.13 only sets forth the qualifications to be met and Section 943.14(2) provides only initial certification authority....
...icted of a misdemeanor involving moral turpitude cannot be certified to be a police officer. Since Section 943.13(4) establishes this as a condition precedent, a certificate issued without the condition having been met would be void ab initio. As to Section 943.145, appellee argues that the hearing officer erred in applying that section to this case, since the section does not provide for retroactive application....
...t and would lead to an absurd result should an applicant obtain certification by deceiving the Commission as to qualifications. In our opinion whether the revocation authority of the Commission is viewed as inherent in the authority to certify under Section 943.14(2) or as expressly provided for in Section 943.145 (Supp. 1980), the Commission was authorized to revoke appellant's certificate because he did not possess the requisite qualifications for a police officer in this state under Section 943.13(4). Before Section 943.145 was added to the statute the applicable sections of the statute were Section 943.13 and Section 943.14. Section 943.14(2) provides that the Commission will issue a certificate to anyone who complies with the training program "and the qualifications for employment in Section 943.13......
...lations for certification of *84 teachers and the Board's "legislatively mandated responsibility to see to `the improvement of the state system of public education.'" Id. at 116. Similarly, pertaining to the instant case, the Commission, pursuant to Section 943.14, is responsible for police training programs and certification, and pursuant to Section 943.12 has the power to establish minimum standards for the employment and training of officers and promulgate rules and regulations for the administration of Chapter 943. The Commission also would have had authority to revoke under Section 943.145(3)(a)(Supp....
...ty of maintaining the qualification of not having been convicted of a misdemeanor involving moral turpitude. We disagree with the interpretation placed on the statute by the hearing officer whereby in order to maintain qualification number (4) under Section 943.145, as opposed to number (7), appellant need only have avoided conviction of a misdemeanor involving moral turpitude subsequent to his certification....
....Section 121.0515(2), Florida Statutes (1982), provides, in pertinent part: (2) CRITERIA. — A member, to be designated as a special risk member, must meet the following criteria: (a)The member must be employed as a law enforcement officer and be certified in compliance with s. 943.14, or be on temporary waiver as provided by s. 943.14 until certified; however, sheriffs and elected police chiefs shall be excluded from meeting the certification requirements of this paragraph....
...mpliance (or valid temporary waiver of certificate of compliance); or, (b) Certificate of Comparative Compliance; or, (c) Certificate of Recognition; or, (d) Any other document issued by the Commission that certifies the employee’s compliance with Section 943.14, F.S....
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