Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11B - Criminal Justice Standards and Training Commission › Chapter 11B-27 - CERTIFICATION AND EMPLOYMENT OR APPOINTMENT › Section 11B-27.004 - Probable Cause Determination

Current through Reg. 50, No. 138; July 16, 2024
At the conclusion of the preliminary investigation and when
				  the reports and documents are received as directed by sections
				   943.139 and
				   943.1395, F.S., a determination
				  of probable cause shall be made before the Commission initiates proceedings to
				  take disciplinary action against the certification of an officer.
(1) For the purpose of probable cause
				determinations, the chairperson of the Commission or designee shall appoint
				Probable Cause Panels of three Commission members and one alternate member, to
				hold Probable Cause Determination Hearings for terms specified in their
				appointment. The Commission Chairperson or designee shall appoint a chairperson
				for each panel, and the panels shall meet as necessary.
(2) A Probable Cause Determination Hearing is
				the conclusion of the preliminary investigation, and is not a hearing pursuant
				to sections  120.569 and
				 120.57, F.S.
(3) Each Probable Cause Determination Hearing
				shall be noticed in the Florida Administrative Register pursuant to section
				 120.525, F.S. The respondent
				shall be mailed a prior notice of the Probable Cause Determination Hearing and
				a subsequent notification of whether or not probable cause was determined by
				the panel.
(4) After considering
				all evidence, a majority vote of the Probable Cause Panel shall determine
				whether or not probable cause exists to file an administrative complaint
				pursuant to section  120.60(5),
				F.S., charging a violation of chapter 943, F.S., or rule chapter 11B-27, F.A.C.
				If the case is presented for imposition of a penalty, the Panel is authorized
				to make a penalty recommendation to the Commission, or to direct Commission
				staff to offer a settlement agreement in the case.
(5) The panel is authorized to issue a Letter
				of Guidance to the officer when the panel determines that it is not practical
				to initiate proceedings against an officer's certification. A copy of the
				Letter of Guidance shall be retained in the officer's file within the Criminal
				Justice Professionalism Program, Bureau of Standards.
(6) The Probable Cause Panel is authorized to
				offer the respondent the opportunity to enter into an Intervention Program if
				there would otherwise be a finding of probable cause but the Panel finds that
				there are significant mitigating circumstances or that the violation is not
				egregious. The terms and conditions of the Probable Cause Panel's Intervention
				Programs may include the following:
(a)
				Successful completion of training or retraining deemed appropriate by the
				panel.
(b) Participation in
				psychological, occupational, or substance abuse counseling.
(c) Furnishing blood, breath, or urine
				samples, and consent to the release of analysis results of such random or
				scheduled tests.
(d) Payment of
				restitution for damages or loss created by the officer's misconduct.
(e) Any other such rehabilitative terms and
				conditions.
(f) As a standard
				condition of the Intervention Program, the respondent shall refrain from any
				violation of sections
				 943.13(4), (7),
				F.S., and subsections
				 11B-27.0011(2) 
				-(4), F.A.C. For the Intervention Program to be a viable alternative in
				consideration of probable cause, the respondent shall agree to all terms and
				conditions recommended by the panel. The respondent shall be responsible for
				successfully completing the terms and conditions of the Intervention Program
				within a specified period. Once the respondent has reported the successful
				completion of the terms and conditions to Commission staff, the matter shall be
				presented to a Probable Cause Panel. The panel shall then issue a Letter of
				Guidance in lieu of a finding of probable cause, pursuant with subsection (5)
				of this rule section. Failure of the respondent to either agree to or
				successfully complete the terms and conditions of the Intervention Program
				within the specified time frame, shall result in the matter being returned to
				the Probable Cause Panel for a finding of probable cause and the issuance of an
				Administrative Complaint.