10988080, 11B-27.0011 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 10988080

Notice of Proposed Rule

Department:

DEPARTMENT OF LAW ENFORCEMENT

Division:

Criminal Justice Standards and Training Commission

Chapter:

CERTIFICATION AND EMPLOYMENT OR APPOINTMENT

Overview

RULE:

11B-27.0011	Moral Character
11B-27.002	Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers
11B-27.00212	Maintenance of Officer Certification
11B-27.005	Revocation or Disciplinary Actions; Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances

PURPOSE:

Updates the moral character violations for an officer’s failure to maintain good moral character; grants additional equivalency of training exemptions in Commission rules and on the Equivalency of Training form CJSTC-76 and Equivalency of Training Proficiency Demonstration form CJSTC76A; adds language to the Affidavit of Separation form CJSTC-61 to require a written documentation of an officer/instructor’s internal or criminal investigation upon separation of employment and revises the Oath to comply with Section 117.05(13)(a), F.S.; revises the rules and the Firearms Law Enforcement Officer Qualification Standard form CJSTC-86B to allow an extension to complete the required bi-annual Firearms Qualification Standard due to chronic illness and revises the Oath on form CJSTC-86B to comply with Section 117.05(13)(a), F.S.; adds Section 901.36(1), F.S., to the penalty guidelines for the violation of “using a false name or false identification by a person arrested or lawfully detained”; adds as an aggravating circumstance, the revocation of an officer’s certification for cases where a respondent has been notified and failed to answer the Administrative Complaint or failed to respond to the allegations of misconduct alleged by the Commission; and housekeeping revisions on the Affidavit of Separation Supplement form 61A.

SUMMARY:

Updates moral character violations; complies with Section 943.131(2), F.S., to grant additional equivalency of training exemptions by amending Commission rules and CJSTC forms 76 and 76A; compliance with procedures regarding internal or criminal investigations; compliance with Florida Statutes regarding the Oath on forms CJSTC-61 and 86B; allows chronic illness excuse for an extension to complete the required bi-annual Firearms Qualification Standard; updates officer discipline penalty guidelines; and housekeeping revisions on the Affidavit of Separation Supplement form 61A.

RULEMAKING AUTHORITY:

943.03(4), 943.12(1) FS.

LAW:

943.12, 943.12(3), 943.13, 943.13(11), (7), 943.133, 943.135, 943.139, 943.1395, 943.1395(3), (8), 943.1701, 943.1715, 943.1716, 943.253 FS.

PRINT PUBLISH DATE:

2/3/2012 Vol. 38/05

COMMENTS:

From 2/3/2012 To 2/24/2012 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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