33-302.104: Correctional Probation Officers Carrying Firearms
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify what type of holster is required of probation officers who carry firearms.
SUMMARY: The proposed rule clarifies what type of holster is required for probation officers who carry firearms.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
Based on information provided by the Office of Institutions and the Office of Community Corrections, the rule only affects internal operations that have no effect on small business or regulation and is therefore not expected to require legislative ratification.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 944.09 FS.
LAW IMPLEMENTED: 20.315, 790.06 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kendra Lee Jowers, 501 South Calhoun Street, Tallahassee, Florida 32399-2500
THE FULL TEXT OF THE PROPOSED RULE IS:
33-302.104 Correctional Probation Officers Carrying Firearms.
(1) through (3) No change.
(4) Carrying a Firearm While on Duty.
(a) Officers who elect to carry a firearm and who receive Department authorization to carry a firearm, are authorized to carry the firearm, in accordance with Department standards, only while on duty conducting field supervision and investigation. The firearm shall be carried in a holster about the waist. All holsters that secure the firearm about the waist shall be of a type which secures the firearm with a thumb break retainer. Only the authorized firearm may be carried.
(b) through (5) No change.
(6) Firearm Type, Holsters, and Ammunition.
(a) Correctional probation officers are authorized to carry only department approved firearms, holsters, ammunition and reloading devices.
(b) through (11) No change.
Rulemaking Specific Authority 944.09 FS. Law Implemented 20.315, 790.06 FS. History–New 5-28-86, Amended 7-7-92, 12-20-92, 3-30-94, 9-27-94, 12-19-94, 3-8-95, 2-15-98, Formerly 33-24.013, Amended 3-4-01, 12-4-01, 8-13-03, 6-24-04, 7-13-05, 3-27-08, ________.