5325996, 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: 5325996

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-27.0021	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 comply with the revision of Section 119.071, F.S., regarding procedures for requesting a full social security number on Commission forms. Rules 11B-27.002, 11B-27.00212, 11B-27.003, F.A.C.: Forms 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; Rule 11B-27.013, F.A.C.; 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.: Clarifies the requirements for obtaining proof of compliance and authenticity of a high school diploma and college transcript, and lists the allowable degree granting institutions. Rule 11B-27.00211, F.A.C.: Creates a separate rule paragraph for private correctional institutions regarding the fingerprint process. Rule 11B-27.00213, F.A.C.: Makes formatting changes.
To comply with Section 120.74, F.S., which requires agencies to revise its rules as often as necessary to ensure compliance with Florida Statutes. Rules 11B-27.002 and 11B-27.0022, F.A.C.: Military Status. Allows other official documentation from the United States Military denoting an individual’s discharge status. Revises the Authority for Release of Information form CJSTC-58 to allow other official documentation from the United States Military for verifying an individual’s military discharge status and requires verification that the applicant has complied with military regulations. Background Investigations: Rule 11B-27.002, F.A.C.: Requires that all documents collected during a background investigation shall be made available for review by Commission staff and clarifies the “type” of investigative findings collected on form CJSTC-77. Rule 11B-27.002, F.A.C.: Revises form CJSTC-61 and CJSTC-61A to require training schools and agencies report an instructor’s separation from employment. Rule 11B-27.0022, F.A.C.: Requires verification of the applicant’s records and warrants through FCIC and NCIC for prior history of unlawful conduct and requires verification of the applicant’s response regarding unlawful drug use. Rule 11B-27.003, F.A.C.: Revises the Internal Investigation Report form CJSTC-78 to include Section 112.532(6), F.S., “limitation for disciplinary action during an internal investigation.”
To comply with 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.: Revises existing rule references and removes obsolete rule language. Rule 11B-27.00213, F.A.C.: Revises the performance requirements on 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: Updates 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..
Revises Rule 11B-27.002, F.A.C. to comply with the statutory revisions of Section 943.13(6), F.S., which requires an officer to give prior knowledge of tuberculosis, hypertension, and heart disease.
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.: Removes 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 and changes the required receipt date of processed fingerprints from 3 months to 30 days.

SUMMARY:

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

RULEMAKING AUTHORITY:

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

LAW:

943.12, 943.12(3), 943.12(17), 943.13, 943.13(11), 943.13(3), 943.13(7), 943.13(11), 943.131, 943.133, 943.135, 943.139, 943.1395, 943.1395(3), 943.1395(5), 943.1395(7), 943.1395(8), 943.17(1)(a), 943.1701, 943.1715, 943.1716, 943.253 FS.

PRINT PUBLISH DATE:

3/7/2008 Vol. 34/10

COMMENTS:

From 3/7/2008 To 3/28/2008 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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