5126758, 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: 5126758

Notice of Development of Rulemaking

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-27.0021	High School Graduation or Equivalent
11B-27.00211	Fingerprint Processing and Criminal Record Results
11B-27.00212	Maintenance of Officer Certification
11B-27.00213	Temporary Employment Authorization
11B-27.0022	Background Investigations
11B-27.003	Duty to Report, Investigations, Procedures
11B-27.004	Probable Cause Determination
11B-27.005	Revocation or Disciplinary Actions; Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances
11B-27.013	Canine Team Certification

PURPOSE:

To revise the following forms to comply with the revision of Section 119.071, F.S., that precludes an agency from requesting an individual’s full social security number unless a list of the documents or forms are filed with the state: Rules 11B-27.002, 11B-27.00212, 11B-27.003, F.A.C.: CJSTC-63; CJSTC-67; CJSTC-75; CJSTC-75A; CJSTC-68; CJSTC-60; CJSTC-59; CJSTC-78, CJSTC-79; CJSTC-207; CJSTC-259; CJSTC-77; CJSTC-65; CJSTC-76; CJSTC-76A; CJSTC-61; CJSTC-61A; CJSTC-74; CJSTC-86; CJSTC-86A; 11B-27.013; CJSTC-70; CJSTC-83; and CJSTC-270.
Clarify and restructure existing rule language to comply with the Governor’s plain language policy: High School Diploma. Rule 11B-27.0021, F.A.C.: To clarify the requirements for obtaining proof of compliance and authenticity of a high school diploma and college transcript, and to list the allowable degree granting institutions. Rule 11B-27.00211, F.A.C.: To create a separate rule paragraph for correctional institutions.
To comply with Section 120.74, F.S., which requires an agency to revise its rules as often as necessary (no less than every two years) to ensure compliance with Florida Statutes. Rule 11B-27.002, F.A.C.: Military Status. To allow other official documentation from the United States Military denoting the individual’s discharge status.
Rule 11B-27.0022, F.A.C.: To revise the Authority for Release of Information form CJSTC-58 to allow other official documentation from the United States Military for verifying an individual’s discharge status and to require an agency to document its contact with the applicant’s commanding officer or designee to verify the applicant is compliant with military regulations. Background Investigations – Rule 11B-27.002, F.A.C.: To require that all documents collected during a background investigation shall be made available for review by Commission staff and to clarify the “type” of investigative findings collected on form CJSTC-77 and Rule 11B-27.0022, F.A.C.: To require verification of the applicant’s response through a FCIC and NCIC records warrants check regarding prior history of unlawful conduct and to require verification of the applicant’s response regarding unlawful drug use. Rule 11B-27.003, F.A.C.: To revise the Internal Investigation Report form CJSTC-78 to include Section 112.532(6), F.S., “limitation for disciplinary action during an internal investigation.” Rule 11B-27.00213, F.A.C.: To make formatting changes. Rule 11B-27.002, F.A.C.: To revise form CJSTC-61and CJSTC-61A to require training schools and agencies to report an instructor’s separation from employment to Commission staff.
Pursuant to Section 943.12(1) F.S., to develop rules for the implementation of Section 943.085, F.S., which requires establishment, implementation and evaluation of criminal justice training for law enforcement, correctional, and correctional probation officers. The following revisions were made to implement the new Florida CMS Law Enforcement and Florida Correctional Probation Basic Recruit Training Programs: Rule 11B-27.0011, F.A.C.: To revise existing rule references and remove obsolete rule language. Rule 11B-27.00213, F.A.C.: To revise the performance requirements on the CMS Firearms Performance Evaluation form CJSTC-4 CMS.
Pursuant to Section 943.1395(8)(b)2., F.S., on or before July 1 of each odd-numbered year, the commission shall conduct a workshop to receive public comment and evaluate disciplinary guidelines and penalties: To comply with statutory requirements by updating the Commission’s rules regarding moral character violations, probable cause determinations, revocation or disciplinary actions, disciplinary guidelines, and range of penalties in Rules 11B-27.0011, 11B-27.004 and 11B-27.005, F.A.C.
To comply with the statutory revisions of Section 943.13(6), F.S., that requires an officer to give prior knowledge of tuberculosis, hypertension, and heart disease in Rule 11B-27.002, F.A.C.
To comply with statutory revisions to Section 943.13(5), F.S. Rule 11B-27.002, F.A.C.: To provide that the Applicant Fingerprint Card FD-258 is no longer required for processing an officer’s employment or appointment. Rule 11B-27.00211, F.A.C.: To remove the requirement that Commission staff notify agencies via the Fingerprint Notification form CJSTC-62 when an applicant’s file does not contain documentation of processed fingerprints. To change the required receipt date of processed fingerprints by the agency from the FBI or FDLE from 3 months to 30 days.

SUBJECT:

Commission forms; update of moral character violations; requirements for certification, employment or appointment, reactivation, terminating employment or appoint of officers; high school diploma and college transcript; officer fingerprint process; maintenance of officer certification; high-liability performance evaluations; background investigation requirements; officer revocation or disciplinary actions, disciplinary guidelines and range of penalties; and canine team certification.

RULEMAKING AUTHORITY:

943.03(4), 943.12(1), 943.133(3), 943.1395 FS.

LAW:

943.12, 943.13, 943.131, 943.133, 943.135, 943.139, 943.1395, 943.17(1)(a), 943.1701, 943.1715, 943.1716, 943.253 FS.

PRINT PUBLISH DATE:

1/18/2008 Vol. 34/03

RELATED STATUTES
AND LAWS:

943.03(4), 943.12(1), 943.133(3), 943.1395 FS., 943.12, 943.13, 943.131, 943.133, 943.135, 943.139, 943.1395, 943.17(1)(a), 943.1701, 943.1715, 943.1716, 943.253 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=11B-27.0011&PDate=1/18/2008&Section=1

REFERENCE MATERIALS:

No reference(s).

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