6606784, 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: 6606784

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-27.00212	Maintenance of Officer Certification

PURPOSE:

11B-27.0011(5): Revised to add rule language for recantation, as a defense to any violation involving perjury or false statement in a court proceeding, if the perjury or false statement occurred during the performance of work duties or in the course of an administrative investigation, and if the officer making the statement conceded such statement to be false prior to the employing agency’s final disciplinary determination. The first sentence of the proposed rule language was written for court proceedings only and is a restatement of Section 837.07, F.S. The second sentence of the proposed rule language includes only “moral character violations” during the course of an internal affairs investigation and does not include misdemeanor convictions of perjury.
11B-27.00212(13): Changed the use-of-force mandatory retraining requirement from every two-years to once during an officer’s 4-year mandatory retraining cycle. Revised the Mandatory Retraining Report form CJSTC-74 to reflect the new use-of-force mandatory retraining cycle. Implemented the new statutory requirement for elder abuse training, pursuant to Section 943.17296, F.S., effective July 1, 2008. This training requires the Commission’s basic recruit training programs and mandatory retraining requirements to include identification of and appropriate responses for persons suffering from dementia, and identifying and investigating elder abuse.

SUMMARY:

The proposed rule revisions implement the following changes: Added rule language to provide for “recantation of a false statement” that occurs during the performance of work duties or in the course of an administrative investigation. Reduced the mandatory retraining cycle for use-of-force training. Added elder abuse training for basic recruit training programs and mandatory retraining as required by the 2008 statutory revision to Section 943.17296, F.S.

RULEMAKING AUTHORITY:

943.03(4), 943.12(1) FS.

LAW:

943.12, 943.13, 943.135, 943.1395, 943.1701, 943.1715, 943.1716, 943.253 FS.

PRINT PUBLISH DATE:

1/9/2009 Vol. 35/01

COMMENTS:

From 1/9/2009 To 1/30/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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