Frequently Asked Questions
Question: How long does an employing agency have to submit a sustained internal affairs investigation involving a violation of the moral character standard outlined in Rule 11B-27.0011, F.A.C., to the Criminal Justice Standards and Training Commission staff?
Answer: Rule 11B-27.003(2)(b), F.A.C. states the employing agency shall forward to Commission staff the complete investigative package no later than 45 days after the allegations are sustained. The package shall include the following:
1. A completed Internal Investigation Report form CJSTC-78.
2. The allegations.
3. A summary of the facts.
4. Names of witnesses.
5. Witness statements and depositions.
6. Certified court documents.
7. Any other supportive documentation or information.
Question: If an officer resigns while under investigation or with an agency having knowledge that the officer may be in violation of moral character standards, is the agency required to conduct a complete investigation?
Answer: Yes. Rule 11B-27.003(1), Florida Administrative Code, states:
“Pursuant to Section 943.1395(5), F.S., an employing agency shall conduct an investigation when having cause to suspect that an officer it employs or employed at the time of the alleged violation, or employed on a Temporary Employment Authorization (TEA) pursuant to Section 943.131, F.S., does not comply with Sections 943.13(4) or (7), F.S., or Rule 11B-27.0011(4), F.A.C. An investigation shall be conducted and concluded when the employing agency has cause to suspect that an officer is in violation of Section 943.13(4) or (7), F.S., or subsection 11B-27.0011(4), F.A.C. The agency's investigation shall contain an official disposition, which shall be reported to Commission staff pursuant to subsection (2) of this rule section."
Question: What is the relationship between FDLE, the Criminal Justice Standards and Training Commission, and the Criminal Justice Professionalism Program?
Answer: The Criminal Justice Standards and Training Commission is a statutorily established entity that consists of three statutorily specified members and sixteen members appointed by the Governor pursuant t to Section 943.11, Florida Statutes. The FDLE Criminal Justice Professionalism Program serves as staff for the Commission.
Question: Can a person who has been convicted of a misdemeanor crime involving domestic violence become certified?
Answer: Chapter 943.13, Florida Statutes, does not bar such a person from becoming certified. However, the Federal Gun Control Act, as amended in 1997, bars a person convicted of a misdemeanor crime of domestic violence from possessing a firearm or ammunition, whether on or off duty. Employing agencies should review the Gun Control Act to determine if a person is eligible to possess and/or carry a firearm as there are provisions under which eligibility can be restored. Agencies may wish to contact their local Bureau of Alcohol, Tobacco and Firearms, or call (202) 648-7777, or access their website at http://www.atf.gov/ to determine a person’s eligibility.
Question: Can a person arrested for a felony offense that was nolle prossed, dismissed, or reduced to a misdemeanor that does not involve perjury or a false statement become certified?
Answer: Yes. The person is not statutorily ineligible to become a certified officer. Employing agencies are responsible for determining if such a person has good moral character as required by Section 943.13(7), Florida Statutes.
Question: What is good moral character?
Answer: This question is best answered by referring to Rule 11B-27.0011(4), Florida Administrative Code, which defines “failure to maintain good moral character.” This Rule may be accessed by clicking on the following link: Rule 11B-27.0011. A synopsis of the definition is as follows:
(1) The perpetration of an act that would constitute any felony offense, whether criminally prosecuted or not.
(2) The perpetration of an act that would constitute any of a specified list of misdemeanor or criminal offenses, whether criminally prosecuted or not. Acts such as battery, passing worthless checks, driving under the influence, solicitation of prostitution, petit theft, improper exhibition of a weapon, false official statements, possession of marijuana less than 20 grams, and resisting arrest without violence are some of the specified misdemeanor or criminal offenses. (3) The perpetration of an act or conduct that constitutes excessive use of force, misuse of official position, having an unprofessional relationship with an inmate, detainee, probationer, parolee, or community controllee, sexual harassment, engaging in sex while on duty, false statements during the employment application process, subverting or attempting to subvert the State Officer Certification Examination process, or the examination process at a criminal justice training school or an employing agency promotional examination process, overt, conspicuous, or public act of a sexual or simulated sexual nature which is likely to be observed by others, any willful and offensive exposure or exhibition of his or her sexual organs in public or on the private premises of another or so near thereto as to likely be seen except in any place provided or set apart for that purpose, willful failure of an agency administrator to comply with Chapter 943 as it pertains to the Commission or Commission rules, intentional abuse of a Temporary Employment Authorization (TEA), misuse of an electronic database or discriminatory conduct.
(4) Testing positive for controlled substances.
Question: Can an applicant who has pled nolo contendere or guilty, or been found guilty of, a crime in another state, become certified?
Answer: If the crime, under Florida law, meets the elements of any felony or a misdemeanor involving perjury or false statement, the applicant cannot become certified based on the requirements of Section 943.13(4), Florida Statutes.
If the crime, under Florida law, is a misdemeanor not involving perjury or false statements, the applicant may be certified. The potential employing agency determines the good moral character of the applicant.
Question: Can an applicant who, as a juvenile, committed a felony or a misdemeanor involving perjury or false statement become certified?
Answer: If the applicant was treated as a juvenile and adjudicated a delinquent, they may become certified. Juveniles are not “convicted”; they are adjudicated delinquent and are therefore not ineligible under Section 943.13(4), Florida Statutes. However, Chapter 790.23, FS prohibits the possession of a firearm or ammunition by a person who, as a juvenile, was found to have committed a delinquent act that would be a felony if committed by an adult until the person is 24 years of age. This would require the applicant to wait until they are 24 to attend the basic recruit training.
If the applicant was treated as an adult, regardless of their age at the time of the act, and pled nolo contendere or guilty to, or was found guilty of any felony, or a misdemeanor involving perjury or false statement, they cannot become certified, unless they first obtain a full pardon.
Question: Can a person convicted of, or who has pleaded guilty or nolo contendere to, any felony or misdemeanor involving perjury or false statement, and who has had the record expunged or sealed, become certified?
Answer: Section 943.13(4), Florida Statutes, states that a person who has pleaded guilty or nolo contendere to or has been found guilty of any felony or a misdemeanor involving perjury, or a false statement is not eligible for employment or appointment as an officer, notwithstanding suspension of sentence or withholding of adjudication. The fact that such a person has had the record expunged or sealed is subject to disclosure as indicated in the preceding question and answer and does not exempt them from the provisions of Chapter 943.13(4), F.S.
Question: What action does the Criminal Justice Standards and Training Commission take against an officer’s certification if an officer pleads guilty or nolo contendere to or is found guilty of any felony or misdemeanor involving perjury or a false statement?
Answer: Pursuant to Section 943.1395(6), Florida Statutes, the Commission must revoke the officer’s certification. The suspending of sentence or withholding of adjudication is not relevant to the statutory bar to certification.
Question: Does the officer in the above situation have any recourse in seeking to regain their certification?
Answer: If the former officer obtains a full pardon for the crime, the statutory bar to certification is removed and the person could be re-certified by the Commission. However, the person would have to meet the requirements under Section 943.13, Florida Statutes, get employed, and reapply for certification.The Commission could deny certification, upon a finding of lack of good moral character, considering and relying upon the facts underlying the person’s pardoned conviction. (see SANDLIN v. CJSTC, No. 71104, Supreme Court of Florida, October 13, 1988)
Question: What happens if the Commission issues a Final Order revoking an officer’s certification based on a “conviction” pursuant to Section 943.13(4), Florida Statutes, and the conviction is overturned on appeal?
Answer: If, within 30 days of the issuance of the Final Order, the decertified officer notifies staff that the conviction has been overturned, the case will be scheduled for the next Commission meeting, with a recommendation that the Commission “Set Aside the Final Order.” However, staff will review the prior case information and analyze the underlying facts of the crime to determine if a moral character violation case should be pursued.
If more than 30 days have elapsed since the issuance of the Final Order and an agency reports that they have employed the subject, staff would review the prior case information, analyzing the underlying facts of the crime to determine if a moral character violation case should be pursued or if there was no basis to prevent the subject from becoming re-certified.
Question: How does the revocation of an officer’s certification affect other certifications held by the officer?
Answer: Subsection 943.1395(6)(c), Florida Statutes, states “When an officer’s certification is revoked in any discipline, his or her certification in any other discipline shall simultaneously be revoked.”.