20192022, 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: 20192022

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-27.003	Duty to Report, Investigations, Procedures
11B-27.005	Revocation or Disciplinary Actions; Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances

PURPOSE:

Sub-paragraph 11B-27.0011(4)(b)1., F.A.C.:  Amends current rule language as a result of the 2015 Legislature, which created Chapter 784.049, F.S., Sexual Cyberharassment.  This charge applies to persons who publish a sexually explicit image of another to Internet websites without the depicted person’s consent, for no legitimate purpose, with the intent of causing substantial emotional distress to the depicted person.
Sub-paragraph 11B-27.0011(4)(c)15., F.A.C.:  Adds a new sub-paragraph to include “discriminatory conduct” as a moral character violation.
Sub-paragraphs 11B-27.0011(4)(c)15.a.-b., F.A.C.:  Adds new sub-paragraphs to define “discriminatory conduct” violation and includes penalty guidelines for Florida officers who exhibit discriminatory conduct and who participate in activity which furthers the interests of a “hate group”, as defined in Section 874.03(6), F.S.
Sub-paragraph 11B-27.0011(4)(c)15.c., F.A.C.:  Adds a new sub-paragraph to define an “expression of public concern” as it relates to discriminatory course of conduct.
Paragraph 11B-27.002(1)(f), F.A.C.:  Incorporates the revised Affidavit of Applicant, form CJSTC-68, to only request the last four digits of the applicant’s social security number and removes the specific Florida Statute (F.S.) reference for sealed and expunged records, which will require applicants to disclose sealed and expunged records “outside” of Florida that would impact their ability to become certified.
Sub-paragraph 11B-27.002(3)(a)11., F.A.C.:  Incorporates the revised Exemption-From-Training, form CJSTC-76, to add a field for the applicant’s email address; and revises the Exemption-From-Training. Proficiency Demonstration, form CJSTC-76A, to update the instructions and allow training center directors to appoint a “designee” as an authorized signer on the form.
Sub-paragraphs 11B-27.00212(15)(c)1.-7., F.A.C.:  Clarifies that elder abuse training in any of the CJSTC law enforcement basic recruit training programs, or Advanced and Specialized Training Programs, starting on or after a specified date, may count toward the requirement for completion of elder abuse training.  New courses on the topic that are approved by the Commission will immediately qualify without rule change. Also, renumbers the subparagraphs and removes the specific names of courses.
Paragraph 11B-27.003(2)(a), F.A.C.:  Incorporates the revised Internal Investigation Report, form CJSTC-78, to change the rule reference and update the name of the form in the instructions.
Sub-paragraph 11B-27.005(5)(a)8., F.A.C.:  Adds the violation of “falsifying records” (Section 839.13(2), F.S.) to the enumerated penalty guideline for felonies.
Sub-paragraph 11B-27.005(5)(a)9., F.A.C.:  Adds the violation of “sexual cyberharassment” to the enumerated penalty guidelines for felonies.
Sub-paragraph 11B-27.005(5)(a)19., F.A.C.:  Adds the violation of “felony threats” to the enumerated penalty guideline for felonies.
Sub-paragraph 11B-27.005(5)(b)2., F.A.C.:  Adds the violation of “malicious battery” to the enumerated penalty guidelines.
Sub-paragraph 11B-27.005(5)(b)4., F.A.C.:  Adds the violation of “falsifying records” (Section 839.13(1), F.S.) to the enumerated penalty guideline for misdemeanors involving false reports or statements.
Sub-paragraph 11B-27.005(5)(b)16., F.A.C.:  Adds the new violation of “threats” to the enumerated penalty guidelines and includes recommended penalty range of “prospective suspension to revocation”.
Sub-paragraph 11B-27.005(5)(b)17., F.A.C.:  Adds the violation of “sexual cyberharassment” to the enumerated penalty guidelines and includes recommended penalty range of “prospective suspension, and probation with counseling to revocation”.
Sub-paragraphs 11B-27.005(5)(c)16.-17., F.A.C.:  Adds the violation of “discriminatory conduct” to the penalty guidelines and includes recommended penalty ranges of “written reprimand to revocation” and “revocation”.

SUMMARY:

Updated rule references; violations of “sexual cyberharassment”, “threats”, “malicious battery”, “falsifying records”, “felony threats”, “discriminatory conduct”; and definition of “expression of public concern” as it relates to discriminatory course of conduct; removal of specific names of courses; parameters for specific training in the CJSTC training programs; clarification for elder abuse training courses; revised Affidavit of Applicant, form CJSTC-68; Exemption-From-Training, form CJSTC-76; and the Exemption-From-Training Proficiency Demonstration, form CJSTC-76A.

RULEMAKING AUTHORITY:

943.03(4), 943.12(1), FS.

LAW:

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

PRINT PUBLISH DATE:

3/22/2018 Vol. 44/57

COMMENTS:

From 3/22/2018 To 4/12/2018 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-02236 CJSTC-68, Affidavit of Applicant for Rule 11B-27.002(1)(f)
Ref-08443 CJSTC-76; Exemption-From-Training; Rule 11B-27.002(3)(a)11.
Ref-08476 CJSTC-78; Internal Investigation Report; Rule 11B-27.003(2)a.

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.