Violations and Penalties
 


Moral Character Violations

The Commission defines failure to maintain good moral character as:

A.   Any act constituting a felony offense regardless of criminal prosecution;

B.   A plea of guilty, an adjudication of guilt, or a verdict of guilty after a criminal trial, or any act constituting one of the following enumerated misdemeanor offenses regardless of criminal prosecution;
 

316.193

DUI

316.1939

SECOND REFUSAL TO SUBMIT TO A PHYSICAL TEST OF BREATH, BLOOD, OR URINE

327.35

BOATING UNDER THE INFLUENCE

365.16(1)(c)(d)

OBSCENE OR HARASSING TELEPHONE CALLS

414.39

WELFARE FRAUD

499.03

POSSESSION OF CERTAIN DRUGS WITHOUT A PRESCRIPTION

741.31

VIOLATION OF INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE

784.011

ASSAULT

784.03

BATTERY

784.046(15)

VIOLATION OF INJUNCTION FOR PROTECTION AGAINST REPEAT DATING VIOLENCE

784.047

VIOLATION OF INJUNCTION FOR PROTECTION AGAINST REPEAT VIOLENCE

784.048

STALKING

784.049(3)(a)

SEXUAL CYBERHARASSMENT

784.05

CULPABLE NEGLIGENCE

790.01

CARRYING A CONCEALED WEAPON

790.10

IMPROPER EXHIBITION OF DANGEROUS WEAPON

790.15

DISCHARGING FIREARM IN PUBLIC

790.27

POSSESSION/SALE/DELIVERY OF FIREARM WITH SERIAL NUMBER ALTERED/REMOVED

794.027

FAILURE TO REPORT SEXUAL BATTERY

796.07

PROSTITUTION ESTABLISHMENT

800.02

UNNATURAL AND LASCIVIOUS ACT

800.03

EXPOSURE OF SEXUAL ORGANS

806.101

FALSE ALARM OF FIRE

806.13

CRIMINAL MISCHIEF LESS THAN $1000

810.08

TRESPASS IN STRUCTURE OR CONVEYANCE

810.14

VOYEURISM

812.014

PETIT THEFT

812.015

RESISTING THEFT RECOVERY EFFORTS

812.14

TRESPASS & LARCENY WITH RELATION TO UTILITY FIXTURES

817.235

PERSONAL PROPERTY: REMOVE / ALTER ID MARKS

817.49

FALSE REPORT OF A CRIME

817.563

SALE IN LIEU OF A CONTROLLED SUBSTANCE

817.565

URINE TESTING, FRAUDULENT PRACTICES

817.61

FRAUDULENT USE OF A CREDIT CARD

817.64

RECEIPT OF MONEY, ETC. FROM FRAUDULENT USE OF A CREDIT CARD

827.04

CONTRIBUTING TO THE DELINQUENCY OF A MINOR

828.12

CRUELTY TO ANIMALS

831.30

FORGED PRESCRIPTION

831.31(1)(b)

COUNTERFEIT CONTROLLED SUBSTANCE SALE/MANUFACTURE/DELIVERY/POSSESSION OR POSSESSION WITH INTENT

832.05

WORTHLESS CHECK

836.12(2)

THREATS

837.012

PERJURY NOT IN AN OFFICIAL PROCEEDING

837.05

FALSE REPORT TO LAW ENFORCEMENT

837.055

FALSE INFORMATION TO LAW ENFORCEMENT DURING INVESTIGATION

837.06

FALSE OFFICIAL STATEMENT

839.13

FALSIFYING RECORDS

839.20

REFUSAL TO EXECUTE CRIMINAL PROCESS

843.02

RESISTING OR OBSTRUCTING AN OFFICER WITHOUT VIOLENCE

843.03

OBSTRUCTION BY DISGUISED PERSON

843.06

NEGLECT OR REFUSAL TO AID PEACE OFFICERS

843.085

UNLAWFUL USE OF POLICE BADGE OR INDICIA

847.011

SALE OR POSSESSION OF OBSCENE MATERIAL/OBSCENE PERFORMANCE

856.021

LOITERING AND PROWLING

870.01

AFFRAY

893.13

CONTROLLED SUBSTANCES-SELL, MANUFACTURE, DELIVER AND/OR POSSESS WITH INTENT

893.147

USE OR POSSESSION OF DRUG PARAPHERNALIA

901.36

GIVING FALSE NAME OR FALSE IDENTIFICATION BY PERSON ARRESTED OR LAWFULLY DETAINED

914.22

TAMPERING WITH A WITNESS, VICTIM, OR INFORMANT

934.03

INTERCEPTION AND DISCLOSURE OF WIRE, ORAL, OR ELECTRONIC COMMUNICATIONS

934.425

INSTALLATION OF TRACKING DEVICES OR APPLICATIONS

944.35

MALICIOUS BATTERY

944.37

ACCEPTANCE OF UNAUTHORIZED COMPENSATION

944.39

INTERFERENCE WITH PRISONERS

 
C.   Any principal, accessory, attempt, solicitation, or conspiracy, pursuant to Chapter 777, Florida Statutes, where there would have been a felony offense had the crime been committed or completed;
 
D.   Any act in any jurisdiction other than the State of Florida, which if committed in the State of Florida, would constitute any offense listed in Rule 11B-27.0011 (4), Florida Administrative Code;
 
E.   The following non-criminal acts or conduct:
 
  • Excessive use of force;
  • Sexual harassment involving physical contact or misuse of official position;
  • Misuse of official position, as defined in Section 112.313(6), Florida Statutes;
  • Engaging in sex while on duty;
  • Unprofessional relationship with an inmate, detainee, probationer or parolee, or community controlee: having written or oral communication that is intended to facilitate conduct which is prohibited by Commission Rule; or engaging in physical contact not required in the performance of official duties, defined as kissing, fondling of the genital area, buttocks, and/or breasts, massaging or similar touching, holding hands, any other physical contact normally associated with the demonstration of affection, or sexual misconduct as applied to all certifications and defined in Section 944.35(3), Florida Statutes; or engaging in a romantic association with an inmate, detainee, probationer, parolee, or community controlee. “Romantic association” is defined as the exchange of telephone calls, pictures, letters, greeting cards, or any other form of oral or written communication which expresses feelings or thoughts of affection or the desire to engage in a romantic relationship whether emotional or physical. This subsection shall not apply to an officer who is legally married to an inmate, detainee, probationer or parolee, or community controlee in the community, nor does it apply to any officer who has no knowledge, or reason to believe, that the person with whom the officer has engaged in a romantic association is an inmate, detainee, probationer or parolee, or community controlee;
  • False statements during the employment application process;

  • Conduct that subverts or attempts to subvert the State Officer Certification Examination process pursuant to Rule 11B-30.009(1), F.A.C.;

  • Conduct that subverts or attempts to subvert the Criminal Justice Standards and Training Commission approved training examination process, or an employing agency promotional examination process;

  • Conduct that subverts or attempts to subvert the Basic Abilities Test process pursuant to subsections 11B-35.0011(1), F.A.C.;

  • Any 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 the agency administrator to comply with Chapter 943, F.S., as it pertains to the Criminal Justice Standards and Training Commission or Commission rules;

  • Intentional abuse of a Temporary Employment Authorization, per 943.131(1), F.S.;
  • Misuse of Electronic Database.  Willfully and knowingly accessing an electronic database within the trust of an officer, by using said database to access restricted information for an illegitimate or personal purpose with bad intent.  Bad intent may be evidenced by: 

    • a.   A pattern of misuse that demonstrates improper accesses or violations. 

    • b.  If the violation occurred after the officer received agency or Commission discipline for improperly accessing a computer database, or after the officer received formal training on the database(s) that includes provisions on the improper use of said database(s). 

    • c. The existence of a current or past non-amicable or otherwise contentious relationship between the officer and the subject of the query, or when the purpose of the query is to identify person(s) linked or associated to said relationship. 

    • d.  Pre-textual queries based on age, race, sex, gender, or other personal identifying characteristics. 

    • e.  Any additional action taken by the officer as a result of the information obtained from the query, for example, retaining, copying, or reproducing the information obtained from the query, or disseminating information not listed as confidential or exempt in Chapter 119, Florida Statutes, obtained as a result of the query;

  • Discriminatory Conduct:

    • a.  The perpetration by the officer of either a course of conduct or a single egregious act that evidences discriminatory conduct based on race, color, religion, sex, pregnancy, national origin, age, handicap or sexual orientation, which does not involve an expression of public concern, and which causes a clear and substantial belief in the mind of a reasonable person that the officer cannot perform the duties of office in a fair and impartial manner, with respect for the rights of others and laws of the state and nation; or

    • b.  Knowingly, willfully and actively participating in any activity committed with the intent to benefit, promote or further the interests of a “hate group”, as defined in Section 874.03(6), Florida Statutes.

    • c.  For the purposes of this section, an expression of public concern shall mean an expression by an individual as a citizen that relates to any matter of political, social or other concern of the community. Expressions of public concern are determined by the content, form and context of the given act or course of conduct, viewed by the totality of the record; or

 

F.    A certified officer’s unlawful injection, ingestion, inhalation, or other introduction of any controlled substance, as defined in Section 893.03, F.S., into his or her body as evidenced by a drug test in accordance with Sections 112.0455, 440.102, or 944.474, F.S. 
 (For additional information refer to Rule 11B-27.0011(4)(a-d), F.A.C.)

 

Penalty Guidelines

 
  Violation Recommended Penalty Range
  •  

For any felony offense where there is a conviction, plea of nolo contendere or plea of guilty (regardless of suspension of sentence or withholding of adjudication);

Revocation

  •  

For a misdemeanor offense involving perjury or false statement where there is a conviction, plea of nolo contendere, or plea of guilty; (regardless of suspension of sentence or withholding of adjudication);

Revocation


 

Absent mitigating/aggravating circumstances, the following specific felony acts/violations result in the indicated penalty:

 

Violation Recommended Penalty Range

1.

Felony assault (Sections 784.021, 784.07, F.S.)

Prospective suspension to revocation

2.

Felony battery (Sections 784.041, 784.045, 784.07, F.S.)

Prospective suspension to revocation

3.

Possession, sale of controlled substance (Section 893.13, F.S.)

Revocation

4.

Tampering with evidence (Section 918.13, F.S.)

Revocation

5.

Introduction of contraband into a jail or prison involving a firearm, concealed weapon, controlled substance, currency, or a tool or implement useful in an attempt to escape from custody (Sections 843.11, 944.47, 951.22, F.S.)

Revocation

6.

Other introduction of contraband into a jail or prison (Sections 944.47, 951.22, F.S.)

Suspension to revocation

7.

False statements (Sections 837.02, 837.021, 837.05(2), 838.022, 839.13(2), F.S.)

Prospective Suspension to revocation

8.

Felony stalking, sexual cyberharassment (Section 784.048, 784.049(3)(b), F.S.)

Revocation

9.

Sexual battery, unlawful sexual activity with a minor (Sections 794.011, 794.05, F.S.)

Revocation

10.

Lewd or lascivious offense, child under 16 (Section 800.04, F.S.)

Revocation

11.

Child abuse (Section 827.03, F.S.)

Prospective suspension to revocation

12.

Aggravated child abuse with violence (Section 827.03, F.S.)

Revocation

13.

Resisting an officer with violence (Section 843.01, F.S.)

Prospective suspension to revocation

14.

Felony controlled substance violation (Sections 893.13, 893.135, 893.147, 893.149, F.S.)

Revocation

15.

Bribery (Section 838.015, F.S.)

Revocation

16.

Unlawful compensation or reward for official behavior (Section 838.016, F.S.)

Revocation

17.

Video voyeurism

Prospective suspension and probation with counseling to revocation

18.

Felony threats (Section 836.12(3), F.S.)

Revocation

19.

Sexual misconduct (944.35(3)(b)(2) F.S.)

Revocation

20.

Possession of certain drugs without prescriptions with the intent to sell, dispense, or deliver (Section 499.03, F.S.)

Prospective suspension to revocation

(For additional information refer to Rule 11B-27.005(5)(a), F.A.C.)

 

Absent mitigating/aggravating circumstances, the following specific misdemeanor acts/violations result in the indicated penalty:

 

Violation Recommended Penalty Range

1.

Assault (Section 784.011, F.S.)

Suspension

2.

Battery; malicious battery (Sections 784.03, 944.35(3)(a)(1), F.S.)

Suspension

3.

Petit theft (Section 812.014, F.S.)

Suspension to revocation

4.

False reports and statements (Sections 817.49, 837.012, 837.05(1), 837.055, 837.06, 839.13(1), 901.36, 944.35(4)(b), F.S.).

Prospective suspension to revocation

5.

Improper exhibition of a weapon (Section 790.10, F.S.)

Probation with training

6.

Discharging a firearm in public (Section 790.15, F.S.)

Suspension

7.

Passing a worthless check (Section 832.05, F.S.)

Probation

8.

Prostitution or lewdness; voyeurism (Sections 796.07, 810.14, F.S.)

Prospective suspension and probation with counseling to revocation

9.

Indecent exposure (Section 800.03, F.S.)

Suspension and probation with counseling to revocation

10.

Driving or boating under the influence (Sections 316.193 and 327.35, F.S.)

Probation with substance abuse counseling

 

Driving or boating under the influence-second offense

Prospective suspension with substance abuse counseling to revocation

 

Driving or boating under the influence with property damage or injury

Prospective suspension with substance abuse counseling to revocation

 

Driving or boating under the influence -blood-alcohol level or breath-alcohol level of 0.15 or higher

Prospective suspension with substance abuse counseling to revocation

 

Driving or boating under the influence while accompanied in the vehicle by a person under the age of 18 years

Prospective suspension with substance abuse counseling to revocation

11.

Possess or delivery without consideration, and not more than 20 grams of cannabis (Section 893.13, F.S.)

Revocation

12.

Neglect or refusal to aid (Section 843.06, F.S.)

Suspension to revocation

13.

Second violation of domestic violence or other protective injunction (Sections 741.31, 784.047, F.S.)

Prospective suspension to revocation

14.

Stalking (Section 784.048, F.S.)

Prospective suspension to revocation

15.

Battery involving domestic violence with slight or moderate victim physical injury (Sections 741.28, 784.03, F.S.)

Prospective suspension to revocation

16.

Threats (836.12(2), F.S.

Prospective suspension to revocation

17.

Sexual cyberharassment (Section 784.049(3)(a), F.S.)

Prospective suspension and probation with counseling to revocation

18.

Second refusal to submit to a physical test of breath, blood, or urine (Section 316.1939, F.S.)

Prospective suspension with substance abuse counseling to revocation

19.

Installation of tracking devices or applications (Section 934.425, F.S.)

Suspension to revocation

20.

Possession of certain drugs without prescriptions (Section 499.03, F.S.)

Suspension to revocation

(For additional information refer to Rule 11B-27.005(5)(b), F.A.C.)

 

 Absent mitigating/aggravating circumstances, the following specific non-criminal acts/violations result in the indicated penalty:

  Violation Recommended Penalty Range

1.

Excessive use of force under the color of authority

Suspension to revocation

2.

Sexual harassment involving physical contact or misuse of position

Probation with training to suspension with training

3.

Misuse of official position

Suspension to revocation

4.

Engaging in sex while on duty, or at any time the officer is acting under the color of authority as a Commission-certified officer

Suspension to revocation

5.

Unprofessional relationship with an inmate, detainee, probationer or parolee, or community controlee that substantially impairs the officer’s ability to perform necessary duties and responsibilities fairly and objectively or that jeopardizes the security of the correctional institution

Revocation

6.

Other unprofessional relationship with an inmate, detainee, probationer or parolee, or community controlee

Probation with training to suspension

7.

False statements during the employment application process

Suspension to revocation

8.

Conduct that subverts or attempts to subvert the State Officer Certification Examination process pursuant to subsection 11B-30.009(1), F.A.C.

Revocation

9.

Subverting Commission-approved training or employing agency promotional examination process

Suspension to revocation

10.

Any overt, conspicuous, or public act of a sexual or simulated sexual nature which is likely to be observed by others

Suspension to revocation

11.

Willful failure of the agency administrator to comply with Chapter 943, F.S., as it pertains to the Commission or Commission rules.

Suspension to revocation

12.

Conduct that subverts or attempts to subvert the Basic Abilities Test process pursuant to paragraphs 11B-35.0011(1), F.A.C.

Revocation

13.

Misuse of electronic database

Probation to suspension

14.

Intentional abuse of a Temporary Employment Authorization

Suspension to revocation

15.

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.

Suspension to revocation

16.

Discriminatory conduct specified in sub-paragraph
11B-27.0011(4)(c)15.a., F.A.C.

Written reprimand to revocation

17.

Discriminatory conduct specified in sub-paragraph
11B-27.0011(4)(c)15.b., F.A.C.

Revocation

(For additional information refer to Rule 11B-27.005(5)(c), F.A.C.)

 

Absent aggravating/mitigating circumstances the following specific acts/violations result in the indicated penalty:

Violation Recommended Penalty Range

Positive drug test

Prospective suspension to revocation

(For additional information refer to Rule 11B-27.005(5)(d), F.A.C.)