Florida Department of Law Enforcement
Mark Glass, Commissioner
Florida Department of Law Enforcement
Mark Glass, Commissioner
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:
A. Any act constituting a felony offense 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 |
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.;
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;
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 | Written reprimand to revocation |
| 17. | Discriminatory conduct specified in sub-paragraph | 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.)
FDLE is composed of five areas: Executive Direction and Business Support, Criminal Investigations and Forensic Science, Criminal Justice Information, Criminal Justice Professionalism and Florida Capitol Police. FDLE’s duties, responsibilities and procedures are mandated through Chapter 943, FS, and Chapter 11, FAC. To learn more about these areas, read our Statement of Agency Organization and Operation or visit our Open Government page.
