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(b) No change.

(5) When the Commission finds that a certified officer has committed an act that violates Section 943.13(7), F.S., the Commission shall issue a final order imposing penalties within the ranges recommended in the following disciplinary guidelines:

(a) For the perpetration by the officer of an act that would constitute any felony offense, pursuant to paragraph 11B-27.0011(4)(a), F.A.C., but where there was not a violation of Section 943.13(4), F.S., the action of the Commission shall be to impose a penalty ranging from suspension of certification to revocation.  Specific violations and penalties that shall be imposed, absent mitigating circumstances, include the following:

Violation

Recommended

Penalty Range

1.

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

Prospective suspension to revocation

2.

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

Prospective suspension to revocation

3.

Grand theft (812.014, F.S.)

Revocation

4.

Possession, sale of controlled substance

(893.13, F.S.)

Revocation

5.

Tampering with evidence (918.13, F.S.)

Revocation

6.

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 (843.11, 944.47, and 951.22, F.S.)

Revocation

7.

Other introduction of contraband into a jail or prison (944.47, 951.22, F.S.) Keeping a gambling house (849.01, F.S.)

Suspension to revocation Revocation

8.

False Statements (837.02, 837.021, 837.05(2), 838.022, F.S.)

Prospective Suspension to revocation

9.

Felony stalking (784.048, F.S.)

Revocation

10.

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

Revocation

11.

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

Revocation

12.

Child abuse (827.03, F.S.)

Prospective suspension to revocation

13.

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

Revocation

14.

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

Prospective suspension to revocation

15.

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

Revocation

(b)For the perpetration by the officer of an act that would constitute any of the misdemeanor offenses, pursuant to paragraph 11B-27.0011(4)(b), F.A.C., but where there was not a violation of  Section 943.13(4), F.S., the action of the Commission shall be to impose a penalty ranging from probation of certification to suspension of certification.  Specific violations and penalties that shall be imposed, absent aggravating or mitigating circumstances, include the following:

Violation

Recommended

Penalty Range

1.

Assault (784.011, F.S.)

Suspension

2.

Battery (784.03, F.S.)

Suspension

3.

Petit Theft (812.014, F.S.)

Suspension to revocation

4.

False reports and statements (817.49, 837.012, 837.05(1), 837.055, 837.06, 944.35, F.S.).

Prospective suspension to revocation

5.

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

Probation with training

6.

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

Suspension

7.

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

Probation

8.

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

Prospective suspension, and probation with counseling to revocation

9.

Indecent exposure (800.03, F.S.)

Suspension, and probation with counseling, to revocation

10.

Driving or boating under the influence Second DUI Offense (316.193 and 327.35, F.S.)

Probation with substance abuse counseling Prospective suspension to revocation

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