Statutorily Ineligible for Certification

Pursuant Section 943.13(4), F.S., the Commission must revoke an officer’s certification if he or she pleads guilty, nolo contendere, or is found guilty of any felony offense, or any misdemeanor offense involving perjury or false statement, regardless of withholding of adjudication or suspension of sentence.

Moral Character Violations

The Commission defines failure to maintain good moral character as:

1. Any act constituting a felony offense regardless of criminal prosecution;
2. 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;

3. 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;
4. 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;
5. 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:
     1. A pattern of misuse that demonstrates improper accesses or violations.
     2. 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).
     3. 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.
     4. Pre-textual queries based on age, race, sex, gender, or other personal identifying characteristics.
     5. 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:
     1. 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
     2. 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.
     3. 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
6. 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

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

(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:

(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:

(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:

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