Florida Criminal Justice Standards & Training Commission

Last updated

Florida Criminal Justice Standards & Training Commission
Agency overview
Formed1967;56 years ago (1967)
Preceding agencies
  • Police Standards Commission [1]
  • The Correctional Standards Council [1]
TypeCommission
JurisdictionFlorida law enforcement and correctional officers
HeadquartersFlorida, US
Agency executives
  • Tommy Ford, Chairman [2]
  • Michael L. Allen, Vice Chairman [2]
Parent department Florida Department of Law Enforcement
Website Official website

The Florida Criminal Justice Standards & Training Commission(CJSTC), established in 1967 under Florida Statutes , Chapter 943, is a Florida state commission. The Commission's mission is "To ensure that all citizens of Florida are served by criminal justice officers who are ethical, qualified, and well-trained." [3] It is part of the Florida Department of Law Enforcement.

Contents

Responsibilities and powers

The Commission's mission is "To ensure that all citizens of Florida are served by criminal justice officers who are ethical, qualified, and well-trained." [3] It has a number of primary responsibilities. One of them is to establish minimum standards for the hiring and training of law enforcement and correctional officers. [4] A second responsibility is to certify officers. [5] A third responsibility is to review and administer administrative sanctions where there is a violation of Florida Statutes and Commission standards. [6] [7] A fourth responsibility it to maintain records of all certified officers. [3] [8] [9]

The Commission has the power to investigate and sanction officers for misconduct, as it can revoke an officer's certification, enforce compliance through injunctive relief and civil fines, and adopt rules for discipline. [10] [11] The Commission oversees an officer's discipline if an internal affairs investigation finds that a moral character violation took place, which includes among other infractions excessive use of force, any felony and certain misdemeanors involving dishonesty (regardless of criminal prosecution), participating in sexual conduct while on duty, making false statements during one's job application, and making false statements in a court proceeding. [12] [13] [14]   De-certification takes place when the Commission issues a Final Order in a case. [15] If a matter goes to arbitration and an arbitrator finds that alleged misconduct never occurred, the Commission cannot proceed with decertification, but if the arbitrator finds that the misconduct did in fact occur—but considers termination to be too severe a penalty—the Commission can still decertify the person. [16]

History

Early years

The Commission was established in 1967 under Florida Statutes, Chapter 943, by the Florida Legislature. [1] [17] It is part of the Florida Department of Law Enforcement. [8] [18] In 1983, the Florida Correctional Standards Council of the Florida Department of Corrections was abolished, and its duty to certify corrections officers was assigned to the Police Standards Commission, the name of which was later changed to the Criminal Justice Standards & Training Commission. [1] [19]

In 2002, during which the Commission heard 344 cases, it decertified 46 law enforcement officers and 91 corrections officers, and that year 98 officers voluntarily relinquished their certifications. [20] In 2011, Florida decertified 72 law enforcement officers. [12] According to the Commission, from 1985 through mid-2018, the use of excessive force was cited as the reason for disciplining deputies, police officers, and jail and prison guards in Florida in 1,671 cases, the equivalent of about one such case per week. [21]

In May 2019, the Commission de-certified a former Marco Island police officer who was found to have had sex while on duty, and to have possessed dangerous drugs. [22] [23]

In June 2015, a woman said Escambia County sheriff's deputy Michael Wohlers shot her with a stun gun, then apologized by sending a photo of a cake with blue frosting reading, "Sorry I Tased You". The Commission reviewed the case in August 2016 and banned Wohlers from serving with any law enforcement agency in Florida for one year. [24] [25]

2020–present

In January 2022, after the St. Petersburg Police Department fired an officer for using a stun gun on a 64-year-old man in a wheelchair, it sent a report to the Commission to decide whether the officer could keep his Florida certification. [26]

Gregory Tony Gregory Tony.jpg
Gregory Tony

In June 2022, a three-member Commission panel recommended that a disciplinary process be initiated, and that Broward County Sheriff Gregory Tony be barred from being a law enforcement officer in Florida, because he had failed to disclose—when he applied to be a law enforcement officer—that he had shot and killed a man; it also brought charges of "Unlawful Acts in Relation to Driver License" against the sheriff. [27] [28] [29] Tony then filed a request for an administrative hearing with the Commission, before an administrative law judge. [28] [29]

In August 2022, the Commission issued online a new searchable database that allows the public to check whether or not a Florida law enforcement officer has been the subject of any discipline relating to his or her certification. [30] The database includes records of officers who have been disciplined by the Commission since January 1, 2012. [30]

When in November 2022 a former Putnam County school resource deputy was accused of sneaking into a student's home to sexually batter her while her mother was at work or asleep, and asking her to dress up as a younger child and call him "daddy", starting when she was 15 years of age, it was announced that the Commission would review the case. [31] The case was sent to the Commission by the Putnam County Sheriff, who was seeking to have the deputy's certification as a law enforcement officer permanently revoked. [32]

Members

The Commission has 19 members. They consist of three sheriffs, three chiefs of police, five law enforcement officers who are ranked sergeant or below, one person in charge of a county correctional institution, two correctional officers, one training center director, one Florida resident who does not fall into any of the preceding categories, the Florida Attorney General or proxy, the Secretary of the Florida Department of Corrections or proxy, and the Director of the Florida Highway Patrol. [3] [33] [34]

See also

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References

  1. 1 2 3 4 "The Florida Sheriffs Association". Florida Sheriffs Association.
  2. 1 2 "November 2022 Commission Meeting Agenda; CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION MEETING," Florida Department of Law Enforcement, October 26, 2022.
  3. 1 2 3 4 "Criminal Justice Standards & Training Commission". Florida Department of Law Enforcement.
  4. ↑ Mark L. Dantzker (1999). Readings for Research Methods in Criminology and Criminal Justice
  5. ↑ The Florida Bar Continuing Legal Education (2016). Florida Criminal, Traffic Court, Appellate Rules and Rules of Judicial Administration.
  6. ↑ Edwin J. Delattre (2002). Character and Cops; Ethics in Policing
  7. ↑ Carl B. Klockars, Sanja Kutnjak Ivkovich, M.R. Haberfeld (2007). Enhancing Police Integrity
  8. 1 2 "What is the Criminal Justice Standards and Training Commission?". Seminole State College.
  9. ↑ William G. Doerner, Charles W. Rushing (2003). Study Guide for the Florida Correction Officer's Examination Certification
  10. ↑ Ashley White (September 15, 2022). "How do Louisiana State Police internal investigations compare to other southern troopers?". The Daily Advertiser.
  11. ↑ Stanfield, Frank (July 24, 2022). "The officer-involved shooting in Mount Dora is under investigation. What exactly does that entail?". Daily Commercial.
  12. 1 2 Ben Grunwald & John Rappaport (2020). "The Wandering Officer," Yale Law Journal, volume 129, page 1,676.
  13. ↑ "Law Enforcement Moral Violations Can Lead to Possible Revoked Certification". WTXL ABC 27 Tallahassee News. February 20, 2015.
  14. ↑ Jennifer Titus, Lauren Powell, Zack Newman (November 22, 2021). "Officers found guilty of excessive force in Florida doesn't mean they lose certification". WTSP.{{cite web}}: CS1 maint: multiple names: authors list (link)
  15. ↑ "Police certificate revocations reported in St Johns County". HistoricCity News. November 9, 2019.
  16. ↑ Tate Fegley (2020). "Police Unions and Officer Privileges". The Independent Institute, volume 25, number 2.
  17. ↑ "Overview of the Professionalism Division". Florida Department of Law Enforcement.
  18. ↑ Richard M. Hough (2018). The Use of Force in Criminal Justice
  19. ↑ "Acts and Resolutions Adopted by the Legislature of Florida, Volume 1, Part 1". W. & C. Julian Bartlett. December 1, 1981.
  20. ↑ "HOUSE OF REPRESENTATIVES STAFF ANALYSIS; BILL #: HB 1885 (HB 1885); Criminal Justice Standards and Training Commission," leg.state.fl.us, April 17, 2003.
  21. ↑ Payne, Ryan Mills, Devan Patel and Melanie (June 5, 2020). "Analysis: Most Florida officers disciplined for excessive force kept their jobs". Daytona Beach News-Journal.
  22. ↑ Patel, Devan (May 28, 2019). "Ex-Marco cop tied to sex on duty scandal loses certification". Naples Daily News.
  23. ↑ Shaw, Derrick (May 30, 2019). "Marco Island police officer decertified for sex on the job". WINK.
  24. ↑ "'Sorry-I-Tased-You' cake doesn't cut it for Florida woman". ABC7 San Francisco . September 29, 2016.
  25. ↑ Robinson, Kevin (September 28, 2016). "Apology cake: 'Sorry I Tased You'". Pensacola News Journal .
  26. ↑ Mike Sunnucks (January 27, 2022). "SPPD Fires Cop Who Tasered Black Man in Wheelchair". The Gabber.
  27. ↑ "Criminal justice panel moves forward disciplinary process for Broward Sheriff Gregory Tony". CBS News. June 21, 2022.
  28. 1 2 Christensen, Dan (May 2, 2020). "Sheriff Gregory Tony has a secret: As a teenager, he shot and killed a man". Florida Bulldog.
  29. 1 2 Christensen, Dan (August 18, 2022). "Broward Sheriff fights Criminal Justice Standards Commission move to strip him of license to be a cop for lying". Florida Bulldog.
  30. 1 2 Jennifer Titus (August 1, 2022). "New database allows you to look up prior discipline of Florida officers". WTSP.
  31. ↑ Rachel Tucker (November 30, 2022). "Florida school resource deputy asked student to dress like young child, call him 'daddy': deputies". WKRG.
  32. ↑ "Former school resource officer charged with sexual battery of student in Putnam County". First Coast News. November 28, 2022.
  33. ↑ "Governor Ron DeSantis Appoints Eight to the Criminal Justice Standards and Training Commission". flgov.com. March 11, 2022.
  34. ↑ "Governor Ron DeSantis Reappoints Edgar Rosa to the Criminal Justice Standards and Training Commission". flgov.com. October 21, 2022.
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