Florida Law Enforcement and Corrections Officer Arrests: Criminal Charges and CJSTC Certification
When a Florida law enforcement, correctional or correctional probation officer is arrested, there are usually three tracks at once. The first is the criminal case. The second is an internal investigation by the employing agency. The third is a possible case against the officer's certification before the Criminal Justice Standards and Training Commission (CJSTC), which is staffed by the Florida Department of Law Enforcement (FDLE). Former prosecutor Daniel D. Nawara defends officers facing criminal charges in Sarasota, Manatee and surrounding counties. This page explains how the reporting rules work and how the criminal case and the certification case affect each other.
Who reports what: the agency's duty under s. 943.1395(5) and Rule 11B-27.003
Florida's certification statute puts the formal reporting duty on the employing agency:
Section 943.1395(5) requires the agency to conduct an internal investigation if it has cause to suspect an officer is not in compliance with section 943.13(4) or (7). If the officer is not in compliance, the agency must submit its findings and supporting documents to the Commission.
Rule 11B-27.003(2)(b) requires the agency to send the complete investigative package to Commission staff no later than 45 days after the allegations are sustained when the sustained allegations violate section 943.13(4) or (7) or Rule 11B-27.0011(4). The package includes form CJSTC-78, the allegations, a summary of facts, witness statements and certified court documents. The rule says this must happen regardless of any pending civil service appeal, arbitration or criminal case.
Rule 11B-27.0011(6) requires the agency to forward its investigative report when a moral character allegation is sustained or when the officer's conduct has resulted in arrest. The report is due immediately if the officer separates from employment, or within 45 days after an allegation is sustained if the officer remains employed.
What about the officer's own duty to tell the agency? Section 943.1395 and Rule 11B-27 do not set a separate statewide deadline for an officer to self-report an arrest. That duty usually comes from the agency's written directives, general orders, standard operating procedures or a collective bargaining agreement. The deadline and method vary by agency. Read your agency's policy as soon as possible after an arrest, because failing to follow it can become its own internal charge.
The two certification standards: s. 943.13(4) and (7)
Section 943.13(4) disqualifies anyone who pleads guilty or nolo contendere to, or is found guilty of, any felony or a misdemeanor involving perjury or a false statement, "notwithstanding suspension of sentence or withholding of adjudication." Under section 943.1395(6), the Commission shall revoke the certification of an officer who is not in compliance with section 943.13(4).
Section 943.13(7) requires good moral character. Under section 943.1395(7), if the Commission finds an officer has not maintained good moral character, it may revoke certification, suspend it for up to 2 years, place the officer on probation for up to 2 years, require retraining, or issue a reprimand.
What counts as a moral character violation: Rule 11B-27.0011(4)
Rule 11B-27.0011(4) defines a certified officer's failure to maintain good moral character. It includes:
(4)(a) The perpetration of an act that would constitute any felony, "whether criminally prosecuted or not."
(4)(b) A plea of guilty, an adjudication of guilt, or a guilty verdict for listed misdemeanors and other offenses, notwithstanding any suspension of sentence or withholding of adjudication, or the perpetration of an act that would constitute any of those offenses, whether prosecuted or not. The list includes DUI (s. 316.193), refusal after a prior refusal (s. 316.1939), boating under the influence (s. 327.35), simple assault and battery (ss. 784.011, 784.03), stalking (s. 784.048), petit theft and retail theft (ss. 812.014, 812.015), injunction violations (s. 741.31), resisting without violence (s. 843.02), drug possession and paraphernalia (ss. 893.13, 893.147), trespass (s. 810.08), criminal mischief (s. 806.13), false reports (s. 837.05) and many others.
(4)(c) Listed misconduct such as excessive force, misuse of official position, sexual harassment, false statements during the hiring process and misuse of law enforcement databases.
(4)(d) Unlawful use of a controlled substance shown by a qualifying drug test.
How the criminal case and the certification case interact
A dismissal does not end the certification case. Because the rule reaches conduct "whether criminally prosecuted or not," the Commission can proceed on the underlying facts even if charges are dropped, reduced or end in acquittal.
A withhold does not avoid section 943.13(4). A guilty or no contest plea to a felony, or to a misdemeanor involving a false statement, triggers the statute even with adjudication withheld.
Timing. Under section 943.1395(6)(a), Commission investigations generally must be completed within 6 months after the agency's completed report. That period is tolled during any criminal prosecution of the officer and during appeals of agency discipline.
Statements matter in both places. Statements in an internal investigation, a deposition or a self-report can become evidence in another proceeding. Get advice before giving one.
Probable cause. A three-member probable cause panel decides whether to move forward. It may issue a letter of guidance instead (s. 943.1395(8)(c)). An officer or counsel may review the investigative file up to 30 days before it goes to the panel (s. 943.1395(6)(b)2).
Hearings. Disputed facts can be heard by an administrative law judge under chapter 120, who must follow the Commission's disciplinary guidelines (s. 943.1395(8)(e)).
The published penalty guidelines
Rule 11B-27.005 sets out penalty ranges the Commission applies, subject to aggravating and mitigating circumstances. Examples from the current rule:
Violation Recommended range (Rule 11B-27.005) DUI or BUI (ss. 316.193, 327.35) Probation with substance abuse counseling DUI or BUI, second offense Prospective suspension with substance abuse counseling to revocation Battery (s. 784.03) Suspension Battery involving domestic violence with slight or moderate injury Prospective suspension to revocation Felony controlled substance violation Revocation Possession, or delivery without consideration, of not more than 20 grams of cannabis (s. 893.13) Revocation
These are the published ranges, not predictions. The Commission considers the facts, aggravating and mitigating circumstances, and any agency discipline. Rule 11B-27.005 also explains when agency discipline is "significant agency action" that may be credited toward a certification penalty.
Practical steps for an arrested officer
Read your agency's notification policy and follow its deadline.
Separate the cases mentally. The criminal defense lawyer, union representative and any administrative counsel each have a role. Coordinate before anyone gives a statement.
Be careful with Garrity-type compelled statements. Compelled internal statements raise specific legal issues in a criminal case. Ask your lawyer before you answer questions.
Think about the plea in light of certification. The type of plea, the offense of conviction and whether a misdemeanor involves a false statement can all matter under section 943.13(4) and Rule 11B-27.0011.
Sealing has limits. A person with a sealed record generally may not deny it when seeking employment with a criminal justice agency (s. 943.059(4)(b)1). See sealing and expungement.
Frequently asked questions
Does an officer have to report an arrest within a set number of hours?
State law and the CJSTC rules put the reporting duty on the agency. Your agency's written directives usually set the officer's own notification requirement. Check your agency's policy for the exact deadline.
If my DUI case is dismissed, can CJSTC still act?
Yes. Rule 11B-27.0011(4)(b) covers the perpetration of an act that would constitute DUI "whether criminally prosecuted or not." The Commission can look at the underlying facts.
Does a no contest plea to a felony with a withhold end my career?
Under section 943.13(4), a nolo contendere plea to any felony makes a person ineligible, notwithstanding a withhold, and section 943.1395(6) requires revocation for non-compliance. That is why the decision about how to resolve a felony charge is critical.
Is a misdemeanor domestic violence battery a certification issue?
Yes. Battery under section 784.03 is on the Rule 11B-27.0011(4)(b) list, and Rule 11B-27.005 has a specific guideline for domestic violence battery. Federal firearms law can also affect an officer after a domestic violence conviction. See domestic violence charges.
Who handles the certification case?
The CJSTC case is an administrative proceeding separate from the criminal court. It can be handled by an administrative or labor lawyer. Coordinate that work with your criminal defense.
Talk with a Sarasota criminal defense lawyer
Call (941) 920-5514 or request a free consultation. Daniel D. Nawara, a former prosecutor, defends the criminal case and can coordinate with your union or administrative counsel. Related pages: DUI defense, battery, drug possession, felony defense and misdemeanor defense.
Updated October 1, 2026. General information only, not legal advice. Agency policies, Commission rules and penalties change and depend on the facts. No outcome is guaranteed. Contacting the firm does not by itself create an attorney-client relationship.
Sources: Fla. Stat. § 943.13, § 943.1395, § 943.059; Fla. Admin. Code R. 11B-27.0011, R. 11B-27.003, R. 11B-27.005; FDLE CJSTC.