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 AND EFFECT: 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.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 943.03(4), 943.12(1), 943.133(3), 943.1395 FS.
LAW IMPLEMENTED: 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.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: April 2, 2008, 10:00 a.m.
PLACE: Florida Department of Law Enforcement, 2331 Phillips Road, Tallahassee, Florida 32308
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Donna Hunt at (850)410-8615. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Donna Hunt, Florida Department of Law Enforcement, Criminal Justice Professionalism Program, 2331 Phillips Road, Tallahassee, Florida 32308, (850)410-8615
THE FULL TEXT OF THE PROPOSED RULE IS:
11B-27.0011 Moral Character.
(1) through (3) No change.
(4) For the purposes of the Criminal Justice Standards and Training Commission’s implementation of any of the penalties specified in Section 943.1395(6) or (7), F.S., a certified officer’s failure to maintain good moral character required by Section 943.13(7), F.S., is defined as:
(a) The perpetration by an officer of an act that would constitute any felony offense, whether criminally prosecuted or not.
(b) Except as otherwise provided in Section 943.13(4), F.S., a plea of guilty or a verdict of guilty after a criminal trial for any of the following misdemeanor or criminal offenses, notwithstanding any suspension of sentence or withholding of adjudication, or tThe perpetration by an officer of an act that would constitute any of the following misdemeanor or criminal offenses whether criminally prosecuted or not:
1. Sections 316.193, 316.1935, 327.35, 414.39, 741.31, 784.011, 784.03, 784.047, 784.048, 784.05, 790.01, 790.10, 790.15, 790.27, 794.027, 796.07, 800.02, 800.03, 806.101, 806.13, 810.08, 810.14, 812.014, 812.015, 812.14, 817.235, 817.49, 817.563, 817.565, 817.567, 817.61, 817.64, 827.04, 828.12, 831.30, 831.31(1)(b), 832.05, 837.012, 837.05, 837.055, 837.06, 839.13, 839.20, 843.02, 843.03, 843.06, 843.085, 847.011, 856.021, 870.01, 893.13, 893.147, 914.22, 934.03, 944.35, 944.37, and 944.39, F.S.
2. through 3. No change.
(c) The perpetration by an officer of acts or conduct that constitute the following offenses:
1. Excessive use of force, defined as a use of force on a person by any officer that is not justified under Section 776.05 or 776.07, F.S., or a use of force on an inmate or prisoner by any correctional officer that would not be authorized under Section 944.35(1)(a), F.S. The situation in which an officer uses a “level of force” inappropriate with the circumstances presented at the time of the incident. In the administrative review of “use of force” for officer disciplinary cases, the Commission applies the Commission’s Recommended Response to Resistance and Levels of Resistance, form CJSTC-85, revised February 7, 2002, hereby incorporated by reference, is a reference tool to evaluate “use of force” circumstances presented in a disciplinary case.
2. through 3. No change.
a. through b. No change.
4. No change.
a. through c. No change.
5. through 7. No change.
8. Conduct that subverts or attempts to subvert the Basic Abilities Test process pursuant to subsections 11B-35.0011(1)(5), F.A.C.
9. No change.
a. through l. No change.
10. No change.
11. Willful failure of the agency administrator head to comply with Chapter 943, F.S., as it pertains to the Criminal Justice Standards and Training Commission or Commission rules.
12. Intentional abuse of a Temporary Employment Authorization, pursuant to Section 943.131(1), F.S. pursuant to Rule 11B-27.00225, F.A.C., or is consistent with and indicative of ingestion of a controlled substance pursuant to Chapter 893, F.S., and not having a specific nanogram level listed in Rule 11B-27.00225, F.A.C., shall be an affirmative defense to this provision to establish that any such ingestion was lawful. Any test of this kind relied upon by the Commission for disciplinary action, shall comply with the requirements for reliability and integrity of the testing process pursuant to Rule 11B-27.00225, F.A.C.
(d) No change.
(5) Recantation, pursuant to Section 837.07, F.S., shall be a defense to any violation, involving perjury or false statement, pursuant to subsection (4) of this rule section. If the perjury or false statement is alleged to have occurred in the performance of work duties or the course of an administrative investigation, recantation shall be a defense to any violation involving perjury or false statement of this rule section if the officer making the statement conceded such statement to be false prior to the employing agency’s final disciplinary determination as provided for in Section 112.532(4)(b), F.S.
(6) through (7) No change.
(a) through (c) No change.
(8) No change.
Specific Authority 943.03(4), 943.12(1) FS. Law Implemented 943.13(7), 943.1395(7) FS. History–New 1-7-85, Formerly 11B-27.011, Amended 7-13-87, 10-25-88, 12-13-92, 9-5-93, 1-19-94, 8-7-94, 11-5-95, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 4-11-04, 11-30-04, 3-27-06, 3-21-07,_________.
11B-27.002 Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers.
(1) Certification or Reactivation of Certification. Prior to submitting an application for certification or reactivation of certification for a law enforcement, correctional, or correctional probation officer, the employing agency shall collect and verify documents establishing that an applicant has complied with the requirements of Section 943.13, F.S. Verified documents shall be maintained in the officer’s training file at the employing agency. The following documents are required for verification of an applicant’s compliance with this rule section:
(a) No change.
1. through 5. No change.
(b) through (c) No change.
(d) A Physician’s Assessment, form CJSTC-75, revised November 8, 2007 August 3, 2006, hereby incorporated by reference, or an equivalent form signed by a physician, certified advanced registered nurse practitioner, or physician assistant licensed in the United States or its territories, verifying the applicant’s fitness to perform the duties of an officer pursuant to Section 943.13(6), F.S. A copy of the officer’s position description shall be reviewed by the physician to ensure that the applicant can meet the physical standards required of the position. A Patient Information, form CJSTC-75A, revised November 8, 2007 May 6, 2004, hereby incorporated by reference, may also be provided to the examining physician, certified advanced registered nurse practitioner, or physician assistant for reference. The completed and signed CJSTC-75 form or equivalent, shall be completed with each new employment or appointment of an officer, and shall not be completed more than one year prior to an officer’s employment or appointment. A CJSTC-75 form prepared for a specific employing agency shall not be used by any other employing agency.
(e) No change.
(f) An Affidavit of Applicant, form CJSTC-68, revised November 8, 2007 August 3, 2006, hereby incorporated by reference, executed by the applicant attesting that the applicant complies with the employment or appointment qualifications pursuant to Sections 943.13(1)-(10), F.S.
(g) through (h) No change.
(2) The employing agency administrator head is required, within 30 days of hire, to submit to Commission staff or electronically transmit through the Commission’s Automated Training Management System (ATMS), and maintain in file a Registration of Employment Affidavit of Compliance, form CJSTC-60, revised November 8, 2007 February 7, 2002, hereby incorporated by reference, attesting to compliance by the employing agency with the following requirements:
(a) For law enforcement, correctional, and correctional probation officer applicants who have not been previously certified and who have complied with the certification requirements pursuant to Section 943.13(1)-(10), F.S., the employing agency shall certify to the Commission that the applicant is eligible for certification by submitting to Commission staff or electronically transmitting through the Commission’s Automated Training Management System (ATMS), a completed Officer Certification Application, form CJSTC-59, revised November 8, 2007 February 7, 2002, hereby incorporated by reference, within 30 days of the applicant’s compliance with the certification requirements. Upon receipt of an Officer Certification Application Deficiency Notification, form CJSTC-259, revised November 8, 2007 May 5, 2005, the employing agency shall maintain on file, a copy of form CJSTC-59 and any other employment documentation. The employing agency shall submit a copy of form CJSTC-259 and the missing or deficient documentation to Commission staff within 90 days of the date the form was signed and issued to the agency. Failure by the employing agency to submit missing or deficient documentation within the required 90 days may result in denial of an applicant’s request for certification. An officer applicant shall not work as a sworn officer prior to meeting the requirements of Sections 943.13 and 943.131, F.S.
(b) Name changes shall be verified by the employing agency through verification of information on legal documents such as a marriage license or official name change documents. To document an officer’s name change, a completed Name Change Application, form CJSTC-79, revised November 8, 2007 February 7, 2002, hereby incorporated by reference, and a copy of supporting documentation shall be submitted to Commission staff.
(3) Employment requirements pursuant to Sections 943.13, F.S., shall be documented on an Agency New Hire Report, form CJSTC-207, revised November 8, 2007 February 7, 2002, hereby incorporated by reference.
(a) The files of newly hired officers are subject to an on-site inspection by Commission staff to ensure compliance with the requirements of Chapter 943, F.S., and Rule Chapter 11B-27, F.A.C. All documents collected in conjunction with the background investigation shall be available for review. The following documents shall be reviewed for completeness:
1. No change.
2. An Employment Background Investigative Report, form CJSTC-77, revised November 8, 2007 February 7, 2002, hereby incorporated by reference.
3. No change.
4. A Temporary Employment Authorization Statement, form CJSTC-65, revised November 8, 2007 February 7, 2002, hereby incorporated by reference.
5. through 8. No change.
9. A copy of the most recently issued DD 214, or other official documents from the A current military identification or the most recently issued Military Status DD 214 form.
10. An FBI Civil Applicant Response provided from a Live Scan device by form or response from the Florida Department of Law Enforcement (FDLE) Certified Mail Application (Live Scan), with the National Crime Information Center (NCIC) any FBI supplied criminal history record attached, and an FDLE a Customer Summary Report and Transaction Listing with the Florida Criminal Information Center (FCIC) form, with any FDLE supplied criminal history record attached, or the applicant’s fingerprint card attached to a FDLE supplied single-state or multi-state offender criminal history record. If a Civil Applicant Response is not received by the agency, the FCIC Criminal History indicating no single state or multi-state offender criminal history record exists shall be proof the applicant’s fingerprints have been processed.
11. An Equivalency-of-Training, form CJSTC-76, revised November 8, 2007 May 6, 2004, and an Equivalency-of-Training Proficiency Demonstration, form CJSTC-76A, revised November 8, 2007 May 5, 2005, hereby incorporated by reference, for previous Florida and out-of-state, federal, or military offi4cers, if the officer used this training option.
12. through 14. No change.
15. An Affidavit of Separation, form CJSTC-61, revised November 8, 2007 February 7, 2002, hereby incorporated by reference, and Affidavit of Separation Supplement, form CJSTC-61A, revised November 8, 2007 February 7, 2002, hereby incorporated by reference, if the officer has separated employment with the agency.
(b) No change.
1. No change.
2. If the deficiency(s) has not been resolved on or before the re-inspection date, the agency administrator head shall provide Commission staff with a timeline for resolution of the noted deficiency(s) in the officer’s file.
3. If the deficiency(s) noted in the officer’s file remains unresolved, the Criminal Justice Standards and Training Commission Chairman shall notify the agency administrator head, in writing, that the Registration of Employment Affidavit of Compliance form CJSTC-60, that has been signed by the agency administrator head or its designee, confirming agency compliance with Section 943.133(2), F.S., is in fact not in compliance, and as such, is in violation of subparagraph 11B-27.0011(4)(c)11., F.A.C., and Section 837.06, F.S.
4. No change.
(4) No change.
(a) through (b) No change.
(5) through (6) No change.
Specific Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12(3), 943.13, 943.133, 943.139, 943.1395 FS. History–New 10-6-82, Amended 4-26-84, 1-7-85, Formerly 11B-27.02, Amended 9-3-87, 3-29-89, 5-14-92, 12-13-92, 9-5-93, 1-19-94, 1-2-97, 7-7-99, 8-22-00, 7-29-01, 11-5-02, 11-30-04, 3-27-06, 3-21-07,_________.
11B-27.0021 High School Graduation or Equivalent.
(1) A high school graduate shall be an individual who has completed a secondary education program through a public school, private school, an equivalency diploma program, or home education program through an educational provider recognized by a public educational system within the
(2) Compliance with this rule section shall be documented by the employing agency and made available to Commission staff for review. Criteria for proof Proof of compliance and authenticity of the diploma includes may include:
(a) A high school diploma or high school equivalency diploma issued by a public school education program; or.
(b) A diploma issued by a private school that is accredited by an accrediting organization recognized by the U.S. Department of Education or the Council on Higher Education Accreditation.
(c) Transcripts showing a secondary education program completion or graduation date.
(c)(d) A letter on the letterhead from a School Board District Office or high school principal verifying completion of a high school program and issuance of a high school standard diploma.
(d)(e) For individuals who have completed a home school program, documentation that the education program has met the requirements of Section 1002.41, F.S., or of the Department of Education from the state where the home school program was completed.
(e)(f) For individuals who have completed an education program in a foreign jurisdiction high school diploma, documentation that the diploma or official school transcript, indicating the date of graduation or completion, is equivalent to the requirements for a U.S. High School Diploma or equivalency diploma. Documents shall be transcribed by a certified translator and notarized as true and correct complies with this rule section.
(3) No change.
(a) No change.
1. through 3. No change.
(b) No change.
Specific Authority 943.03(4), 943.12(1) FS. Law Implemented 943.13(3) FS. History–New 10-6-82, Amended 1-7-85, Formerly 11B-27.021, Amended 7-7-99, 7-29-01, 11-5-02, 11-30-04, 3-21-07,_________.
11B-27.00211 Fingerprint Processing and Criminal Record Results.
An employing agency shall maintain on file, at minimum, a Federal Bureau of Investigation Civil Applicant Response provided from a Live Scan device by the Florida Department of Law Enforcement (FDLE) form or the response from the FDLE Certified Mail Application, with any the National Crime Information Center (NCIC) Federal Bureau of Investigation (FBI) supplied criminal history record attached, and an a FDLE Customer Summary Report and Transaction Listing form, with the Florida Criminal Information Center (FCIC) any FDLE supplied criminal history record attached, or the applicant’s fingerprint card attached to a FDLE supplied single-state or multi-state offender criminal history record, indicating the applicant’s fingerprint card has been processed. If a Civil Applicant Response is not received by the agency, the FCIC Criminal History indicating no single state or multi-state offender criminal history record exists shall be proof the applicant’s fingerprints have been processed.
(1) The employing agency shall submit for processing an applicant’s fingerprints Applicant Fingerprint Card FD-258 to the FDLE Florida Department of Law Enforcement that bears the applicant’s currently taken fingerprints. The submission shall include one of the following references: “Law Enforcement Officer Applicant, Section 943.13, F.S.,” or “Correctional Officer Applicant, Section 943.13, F.S.,” or “Correctional Probation Officer Applicant, Section 943.13, F.S.,” as the reason fingerprinted in the “Reason Fingerprinted” block of the FBI Applicant Fingerprint Card. An applicant’s fingerprints Applicant Fingerprint Card shall be processed in conjunction with an officer’s employment or appointment regardless if the officer has proof of the existence of processed fingerprints a processed Applicant Fingerprint Card from a previous employment or appointment. The employing agency is required to use an electronic fingerprinting submission device authorized to use a Live Scan device, if authorized by FDLE, for the submission of applicant fingerprints versus submitting an Applicant Fingerprint Card.
(2) Private Correctional Institutions and Jails. Private correctional institutions under contract with the Florida Department of Corrections shall obtain blank Applicant Fingerprint Cards from the Department of Corrections. Other private correctional institutions and jails shall obtain blank Applicant Fingerprint Cards from the Criminal Justice Professionalism Program, Post Office
(a) Private correctional institutions under contract with the Florida Department of Management Services (DMS) shall submit for processing an applicant’s fingerprints to the FDLE. The private correctional institution is required to use an electronic fingerprinting submission device and is responsible for any cost associated with the fingerprint submission. The response to the fingerprint submission shall be electronically transmitted to the DMS for review for compliance with Section 943.13(4), F.S. The DMS will complete the Fingerprint Notification, form CJSTC-62, revised November 8, 2007, hereby incorporated by reference, and provide it to the private correctional institution.
(b) All other private correctional institutions and jails shall submit for processing an applicant’s fingerprints to the FDLE. The private correctional institution is required to use an electronic fingerprinting submission device and is responsible for any cost associated with the fingerprint submission. The response to the fingerprint submission shall be electronically transmitted to the FDLE, Officer Records Section, for review for compliance with Section 943.13(4), F.S. The Officer Records Section will complete form CJSTC-62 and provide it to the private correctional institution or jail.
(3) The employing agency shall submit or electronically transmit to Commission staff through the Commission’s ATMS, the date indicated on the electronic response documenting the processed fingerprints a Fingerprint Notification, form CJSTC-62, revised February 7, 2002, hereby incorporated by reference. The response from an applicant’s processed fingerprints shall be maintained on file at the agency within one year of the officer’s initial employment or appointment. An employing agency is not required to re-fingerprint an individual who has been continuously employed or appointed with the same agency and is seeking certification as a sworn officer with that agency.
(4) Training schools that offer a Commission-approved Basic Recruit Training Program for law enforcement, correctional, or correctional probation officers, or a selection center that provides applicant screening for a training school, shall conduct a criminal history background check of an applicant prior to entrance into such Basic Recruit Training Program. The employing agency shall provide the training school with documentation that an applicant’s fingerprints have been processed, that the response is on file with the employing or appointing agency, and has been verified by the employing or appointing agency to contain no statutory disqualifiers. If the FBI has not returned the Civil Applicant Response to the employing or appointing agency, the agency shall notify the training school that the criminal history background check is incomplete. The employing or appointing agency shall notify the training school upon receipt of the results of the applicant’s fingerprints Applicant Fingerprint Card, which shall be maintained in the student’s file at the training school.
(5) An applicant’s fingerprints that have been processed prior to employment or appointment, in conjunction with the agency’s background investigation, and pursuant to Rule 11B-27.0022, F.A.C., shall be considered current when the officer’s fingerprints are processed in conjunction with the new employment or appointment.
(6) An officer’s certification shall not be issued by the Commission until he or she is in compliance with the certification requirements pursuant to Sections 943.13(1)-(10), F.S., and documentation of legible processed applicant fingerprints are on file at the employing agency.
(7) If an officer has been separated for lack of processed applicant fingerprints within one year of employment or appointment, the agency shall re-register the officer when the processed applicant fingerprint response is received from the FBI or FDLE. The re-registration date shall be the date that the FBI or FDLE processed the applicant fingerprints. An officer who has been separated for not having processed applicant fingerprints on file at the employing agency is not authorized to perform the duties of a sworn officer.
(8) Employing agencies shall be notified by Commission staff when an applicant’s file does not contain documentation of processed fingerprints a Fingerprint Notification form CJSTC-62.
(9) An employing agency that does not receive processed fingerprint Applicant Fingerprint Card documentation from the FBI or FDLE within thirty days three months of submission of the fingerprints through an electronic fingerprinting submission device, fingerprint card shall fingerprint the applicant again and resubmit the fingerprints fingerprint card to FDLE and the FBI. If the FBI has processed the fingerprints card, the letter from the FBI stating that the individual does not have a criminal history may be accepted as official documentation. The date the letter is postmarked shall be the date recorded as the fingerprint processed date on the Fingerprint Notification form CJSTC-62.
(10) Should an officer separate from employment prior to the employing agency’s receipt of the officer’s processed applicant fingerprints, and there is an indication that the officer would have failed to meet the employment qualifications pursuant to this rule chapter, the separating agency shall immediately notify Commission staff and provide a copy of all documentation that establishes non-compliance of the officer to meet the necessary qualifications.
(11) If a criminal history record that could preclude employment pursuant to Section 943.13(4), F.S., is received from the FBI or FDLE, the agency shall obtain and maintain in the officer’s file, supporting documentation from the court that the final disposition of the case has been resolved and the officer is eligible for employment, pursuant to Section 943.13(4), F.S.
Specific Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12(3), 943.13, 943.133, 943.139, 943.1395 FS. History–New 11-5-02, 11-30-04,_________.
11B-27.00212 Maintenance of Officer Certification.
(1) through (3) No change.
(4) Continuing education or training pursuant to Section 943.135, F.S. Upon an officer’s completion of the required continuing education or training the employing agency shall submit or electronically transmit to Commission staff through the Commission’s ATMS, a completed Mandatory Retraining Report, form CJSTC-74, revised November 8, 2007 August 3, 2006, hereby incorporated by reference.
(5) No change.
(a) through (c) No change.
(d) Discriminatory Profiling and Professional Traffic Stops pursuant to Section 943.1758, F.S. Human Diversity In-Service Training for Discriminatory Profiling and Professional Traffic Stops Course, pursuant to paragraph 11B-35.007(4)(h), F.A.C., or IPTM’s Safe and Legal Traffic Stops Course, shall be used to satisfy all or a portion of an officer’s continuing training requirements for human diversity training. Certified law enforcement officers who elect to instruct Discriminatory Profiling and Professional Traffic Stops may substitute completion or instruction of this training to satisfy the officer’s continuing training requirement. Completion or instruction of this training shall satisfy all or a portion of an officer’s continuing training requirement for human diversity training.
(6) Failure to comply with statutorily required continuing education or training. In the event that an officer fails to meet the continuing education or training requirements of Section 943.135, F.S., the officer’s certificate shall become inactive until the employing agency provides documentation to Commission staff establishing that the continuing education or training requirements have been satisfied. The Commission’s ATMS shall separate an officer from employment if the Mandatory Retraining Report form CJSTC-74, is not received by the June 30th deadline pursuant to subsection (1) of this rule section. Officers who have not satisfied their mandatory retraining requirement within six months of separation shall comply with the requirement of subsection 11B-27.002(1), F.A.C., prior to reemployment.
(7) Individuals who have been separated from an employing agency as an officer for less than four years, and whose certification is inactive for failing to complete the required hours for mandatory training, shall complete the continuing education and training requirements prior to resuming active service with an agency. An officer who requests to claim continuing education and training that was completed during a period when the officer’s certification was inactive, shall request approval from the agency administrator head of the prospective employing agency and provide proof that the required continuing education and training was completed. The employing agency shall determine if the education or training requirements have been satisfied pursuant to Section 943.135, F.S., and shall submit to Commission staff, or electronically transmit through the Commission’s ATMS, a completed Mandatory Retraining Report form CJSTC-74.
(8) through (12) No change.
(a) No change.
1. through 3. No change.
(b) No change.
1. through 3. No change.
(13) Use-of-Force training. An officer, whose mandatory retraining cycle begins on July 1, 2005 or thereafter, shall, as a part of the officer’s 40-hour continuing education or training every four years, be required to complete the following Use-of-Force training.
(a) Use-of-Force training shall include the following topics of instruction:
1. through 2. No change.
3. Less-lethal Use-of-Force Matrix and less-lethal force options available within the agency.
4. through 5. No change.
(b) through (h) No change.
(14) Law Enforcement Officer Firearms Qualification Standard. Beginning July 1, 2006, a law enforcement officer shall be required to qualify on the Commission’s approved course of fire with the proficiency skills documented on the Law Enforcement Officer Firearms Qualification Standard, form CJSTC-86A, revised November 8, 2007 August 3, 2006, hereby incorporated by reference, and maintained in the officer’s employment file.
(a) No change.
(b) Reporting of the compliance with this standard shall be June 30, 2008, and every two years thereafter. Documentation supporting the demonstration of proficiency skills shall be reported on the Mandatory Firearms Training Report, form CJSTC-86, revised November 8, 2007 August 3, 2006, hereby incorporated by reference, and maintained in the officer’s employment file. The employing agency shall submit or electronically transmit to Commission staff through the Commission’s ATMS, a completed form CJSTC-86.
(c) through (d) No change.
Specific Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12, 943.13(11), 943.135, 943.1395(3), 943.1701, 943.1715, 943.1716, 943.253 FS. History–New 11-5-02, Amended 12-3-03, 11-30-04, 3-27-06, 3-21-07,_________.
Editorial Note: See 11B-27.0023, F.A.C.
11B-27.00213 Temporary Employment Authorization.
A Certificate of Compliance shall not be issued to officers employed on a Temporary Employment Authorization (TEA) prior to meeting the requirements of Sections 943.13(1)-(10), F.S.
(1) No change.
(a) No change.
1. through 5. No change.
(b) No change.
1. through 2. No change.
(c) No change.
1. through 2. No change.
(2) An agency administrator head is authorized to request to waive the firearms training requirement for a TEA by placing a statement in the officers file at the employing agency, which has been signed by the agency administrator head, confirming that the TEA appointed officer shall not be permitted to carry a firearm until the following classroom training requirements have been fulfilled:
(a) Classroom Training:
1. through 5. No change.
(b) May 5, 2005, hereby incorporated by reference, and maintained in the trainee’s file at the employing agency. The instructor shall qualify the trainee with a handgun (revolver or semi-automatic pistol) and long gun (shotgun or semiautomatic rifle/carbine) using the Commission’s Basic Recruit Training Firearms Course of Fire, pursuant to form CJSTC-4 CMS, and the form shall be maintained in the trainee’s file at the employing agency. Trainees shall fire a long gun as prescribed in the Commission-approved Basic Recruit Training Program.
(3) No change.
(4) Training schools that offer a Commission-approved Basic Recruit Training Program for law enforcement, correctional, or correctional probation officers, or a selection center that provides applicant screening for a training school, shall conduct a criminal history background check of an applicant prior to entrance into such Basic Recruit Training Program. The employing agency shall provide the training school with documentation that an applicant’s fingerprints have been processed, that the response is on file with the employing or appointing agency, and has been verified by the employing or appointing agency to contain no statutory disqualifiers. If the FBI has not returned the Civil Applicant Response to the employing or appointing agency, the agency shall notify the training school that the criminal history background check is incomplete. The employing or appointing agency shall notify the training school upon receipt of the results of the applicant’s fingerprints Applicant Fingerprint Card, which shall be maintained in the student’s file at the training school.
(a) No change.
(b) The individual was previously hired on a TEA and has separated from the employing agency or discontinued training while still in good standing, and has had a break-in-service from the last employment for a minimum of four years. Such individual shall comply with the firearms training requirements pursuant to Rule 11B-35.0024, F.A.C., and Section 943.17(1)(a), F.S., unless the agency administrator head has waived such requirements in subsection (2) of this rule section, and shall enroll in a Commission-approved Basic Recruit Training Program within 180 days of employment in the first training program offered in the geographic area, or in the first assigned state training program for a state officer.
(5) No change.
Specific Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12(3), 943.13, 943.131, 943.133, 943.139, 943.1395, 943.17(1)(a) FS. History–New 11-5-02, Amended 11-30-04, 3-27-06,_________.
11B-27.0022 Background Investigations.
(1) Pursuant to Section 943.133, F.S., and Rule 11B-27.0011, F.A.C., the employing agency shall conduct a thorough background investigation of each applicant. The agency shall maintain in the applicant’s file at the employing agency a summary of the background investigation findings, signed and dated by the investigator and the agency administrator head or designee. The summary shall verify the following information:
(a) through (d) No change.
(2) The employing agency shall, at a minimum, use the following background investigation procedures:
(a) No change.
(b) Obtain previous employment data from prior employers. Criminal justice agencies conducting background investigations have the option of using the Authority for Release of Information, form CJSTC-58, revised November 8, 2007 August 3, 2006, pursuant to Sections 943.134(2) and (4), F.S., hereby incorporated by reference.
(c) Research military records. Florida A copy of the most recently issued DD 214, or other official separation document(s) from the ID, shall be maintained in the officer’s file at the employing agency. The agency shall document contact with the applicants’ commanding officer or designee if the applicant is currently serving on active duty or military reserve to ensure the applicant is compliant with military regulations. Wording on the documentation shall indicate DD214 shall document that the discharge was any discharge other than dishonorable an Honorable discharge. A military discharge that is dishonorable pursuant to Section 943.13(4), F.S., or other than an honorable discharge, shall be investigated by the agency. The agency shall submit a Request Pertaining to Military Record, form OMB No. 3095-0029.
(d) Verify the applicant’s Applicant’s response regarding prior history of unlawful conduct through a
(e) Verify the The applicant’s response regarding unlawful drug use pursuant to subsection 11B-27.0011(2), F.A.C.
(3) The employing agency shall submit or electronically transmit to Commission staff through the Commission’s ATMS, a Registration of Employment Affidavit of Compliance form CJSTC-60. The agency shall also submit or electronically transmit to Commission staff through the Commission’s ATMS, a completed Employment Background Investigative Report form CJSTC-77, for each officer employed or appointed. The original form CJSTC-77 that has been signed and dated by the investigator and the agency administrator head or designee shall be retained in the applicant’s file.
Specific Authority 943.03(4) 943.12(1), 943.133(3) FS. Law Implemented 943.133, 943.139 FS. History–New 10-6-82, Amended 1-7-85, Formerly 11B-27.022, Amended 7-13-87, 10-17-90, 5-13-92, 5-14-92, 12-13-92, 9-5-93, 8-7-94, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 11-30-04, 3-27-06, 3-21-07,_________.
11B-27.003 Duty to Report, Investigations, Procedures.
(1) No change.
(2) Upon concluding the investigation:
(a) If the allegations are sustained, the employing agency shall complete an Internal Investigation Report, form CJSTC-78, revised November 8, 2007 May 6, 2004, hereby incorporated by reference, regardless of whether any civil service appeal, arbitration, employment hearing, administrative, civil, or criminal action is pending or contemplated.
(b) No change.
1. through 7. No change.
(c) No change.
Specific Authority 943.03(4), 943.12(1) FS. Law Implemented 943.1395(5) FS. History–New 10-6-82, Amended 1-7-85, Formerly 11B-27.03, Amended 12-13-92, 9-5-93, 7-7-99, 8-22-00, 11-5-02, 11-30-04,_________.
11B-27.004 Probable Cause Determination.
At the conclusion of the preliminary investigation and when the reports and documents are received as directed by Sections 943.139 and 943.1395, F.S., a determination of probable cause shall be made before the Commission initiates proceedings to take disciplinary action against the certification of an officer.
(1) through (5) No change.
(6) The Probable Cause Panel is authorized to offer the respondent the opportunity to enter into an Intervention Program if there would otherwise be a finding of probable cause but the Panel finds that there are significant mitigating circumstances or that the violation is not egregious. The terms and conditions of the Probable Cause Panel’s Intervention Programs may include the following:
(a) through (f) No change.
(7) When the Commission staff determines that the respondent has been retained by the employing agency, Commission staff shall issue a Letter of Acknowledgment of agency action in these cases, provided the employing agency shall have taken significant agency action as defined in subsections 11B-27.005(1) and (2), F.A.C.:
(8) When Commission staff determines that the respondent has been terminated by the employing agency, Commission staff shall issue a Letter of Acknowledgment of agency action in these cases, provided the penalty guidelines of subsection 11B-27.005(5), F.A.C., specify specifies probation or suspension as a penalty for the offense.
(9) Commission staff:
(a) Shall not issue a Letter of Acknowledgment to a respondent who has been issued a Letter of Acknowledgment within with three years prior to the date of receipt of the information described in paragraph 11B-27.003(2)(b), F.A.C.
(b) Shall not issue a Letter of Acknowledgment to a respondent who has been issued a Letter of Guidance within five years prior to the date of receipt of the information described in paragraph 11B-27.003(2)(b), F.A.C.
(c) Shall not issue a Letter of Acknowledgment to a respondent who has been disciplined by the Commission within eight years prior to the date of receipt of the information described in paragraph 11B-27.003(2)(b), F.A.C.
(d) Shall not issue a Letter of Acknowledgement to a respondent if the penalty guidelines of subsection 11B-27.005(5), F.A.C., specify prospective suspension to revocation as the guideline penalty for the offense.
(10) No change.
(11)(a) No change.
(b) No change.
(12)(a) No change.
(b) No change.
(13) through (14) No change.
Specific Authority 943.03(4), 943.12(1), 943.1395 FS. Law Implemented 943.1395 FS. History–New 12-13-92, Amended 1-19-94, 11-5-95, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 4-11-04, 11-30-04,_________.
11B-27.005 Revocation or Disciplinary Actions; Disciplinary Guidelines;
(1) No change.
(a) through (b) No change.
(2) through (3) No change.
(a) through (c) No change.
(4)(a) No change.
(b) No change.
(5) When the Commission finds that a certified officer has committed an act that violates Section 943.13(7), F.S., the Commission shall issue a final order imposing penalties within the ranges recommended in the following disciplinary guidelines:
(a) For the perpetration by the officer of an act that would constitute any felony offense, pursuant to paragraph 11B-27.0011(4)(a), F.A.C., but where there was not a violation of Section 943.13(4), F.S., the action of the Commission shall be to impose a penalty ranging from suspension of certification to revocation. Specific violations and penalties that shall be imposed, absent mitigating circumstances, include the following:
|
|
Violation |
Recommended |
|
1. |
Felony |
Prospective suspension to revocation |
|
2. |
Felony |
Prospective suspension to revocation |
|
3. |
Grand theft (812.014, F.S.) |
Revocation |
|
4. |
Possession, sale of controlled substance (893.13, F.S.) |
Revocation |
|
5. |
Tampering with evidence (918.13, F.S.) |
Revocation |
|
6. |
Introduction of contraband into a jail or prison involving a firearm, concealed weapon, controlled substance, currency, or a tool or implement useful in an attempt to escape from custody (843.11, 944.47, |
Revocation |
|
7. |
Other introduction of contraband into a jail or prison (944.47, 951.22, F.S.) |
Suspension to revocation |
|
8. |
False Statements (837.02, 837.021, 837.05(2), 838.022, F.S.) |
Prospective Suspension to revocation |
|
9. |
Felony stalking (784.048, F.S.) |
Revocation |
|
10. |
Sexual battery, unlawful sexual activity with a minor (794.011, 794.05, F.S.) |
Revocation |
|
11. |
Lewd or lascivious offense, child under 16 (800.04, F.S.) |
Revocation |
|
12. |
Child abuse (827.03, F.S.) |
Prospective suspension to revocation |
|
13. |
Aggravated child abuse with violence (827.03, F.S.) |
Revocation |
|
14. |
Resisting an officer with violence (843.01, F.S.) |
Prospective suspension to revocation |
|
15. |
Felony controlled substance violation (893.13, 893.135, 893.147, 893.149, F.S.) |
Revocation |
(b) For the perpetration by the officer of an act that would constitute any of the misdemeanor offenses, pursuant to paragraph 11B-27.0011(4)(b), F.A.C., but where there was not a violation of Section 943.13(4), F.S., the action of the Commission shall be to impose a penalty ranging from probation of certification to suspension of certification. Specific violations and penalties that shall be imposed, absent aggravating or mitigating circumstances, include the following:
|
|
Violation |
Recommended |
|
1. |
Assault (784.011, F.S.) |
Suspension |
|
2. |
|
Suspension |
|
3. |
Petit Theft (812.014, F.S.) |
Suspension to revocation |
|
4. |
False reports and statements (817.49, 837.012, 837.05(1), 837.055, 837.06, 944.35, F.S.). |
Prospective suspension to revocation |
|
5. |
Improper exhibition of a weapon (790.10, F.S.) |
Probation with training |
|
6. |
Discharging a firearm in public (790.15, F.S.) |
Suspension |
|
7. |
Passing a worthless check (832.05, F.S.) |
Probation |
|
8. |
Prostitution or lewdness; voyeurism (796.07 and 810.14, F.S.) |
Prospective suspension, and probation with counseling to revocation |
|
9. |
Indecent exposure (800.03, F.S.) |
Suspension, and probation with counseling, to revocation |
|
10. |
Driving or boating under the influence Second DUI Offense (316.193 and 327.35, F.S.) |
Probation with substance abuse counseling Prospective suspension to revocation |
|
11. |
Possess or delivery without consideration, and not more than 20 grams of Cannabis (893.13, F.S.) |
Revocation |
|
12. |
Neglect or refusal to aid (843.06, F.S.) |
Suspension to revocation |
|
13. |
Second violation of domestic violence or other protective injunction (741.31, 784.047, F.S.) |
Prospective suspension to revocation |
|
14. |
Stalking (784.048, F.S.) |
Prospective suspension to revocation |
|
15. |
|
Prospective suspension to revocation |
(c) No change.
1. through 12 No change.
(d) No change.
(6) No change.
(a) No change.
1. through 12. No change.
(b) No change.
1. through 8. No change.
(7) No change.
(a) through (c) No change.
1. through 7. No change.
(d) through (e) No change.
(8)(a) No change.
(b) No change.
(9) through (10) No change.
(a) through (c) No change.
Specific Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12(3), 943.1395(8) FS. History–New 10-6-82, Amended 1-7-85, Formerly 11B-27.05, Amended 3-29-89, 12-13-92, 2-17-93, 1-19-94, 8-7-94, 11-5-95, 1-2-97, 7-7-99, 8-22-00, 7-29-01, 11-5-02, 4-11-04, 11-30-04, 3-27-06, 3-21-07,_________.
11B-27.013 Canine Team Certification.
(1) No change.
(a) through (b) No change.
(2) Patrol canine team certification requirements. Commission certification of a patrol canine team is not required. Prior to submitting a Patrol Canine Team Certification Application, form CJSTC-70, revised November 8, 2007 May 6, 2004, hereby incorporated by reference, the agency employing the patrol canine team shall collect, verify, and have on file documents establishing compliance with the requirements of this rule section, regardless of where canine training takes place.
(3) Required documentation for certification of a patrol canine team. Documentation of compliance for Commission certification of patrol canine teams shall include:
(a) through (b) No change.
(c) Documentation of successful completion of the Patrol Canine Team Proficiency Examination administered by two Commission-approved canine team evaluators, one of whom is not affiliated with the Commission-certified training school or the agency conducting the training, and one of whom is not affiliated with the agency employing the canine team. A Commission-approved canine team evaluator shall not administer a proficiency examination to a canine assigned to them as a work partner. The proficiency examination shall be documented on the Patrol Duty Canine Team Proficiency Examination and Equivalency, form CJSTC-83, revised November 8, 2007 August 3, 2006, hereby incorporated by reference.
1. through 2. No change.
(4) No change.
(5) No change.
(a) through (c) No change.
(6) No change.
(a) through (c) No change.
(7) Inspection of patrol canine team applicant files.
(a) No change.
(b) Upon issuance of an unfavorable inspection on a Canine Team Certification Deficiency Notification Application, form CJSTC-270, revised November 8, 2007 February 7, 2002, hereby incorporated by reference, a Patrol Canine Team Certification Application form CJSTC-70 shall note the deficiencies.
(c) No change.
(8) Canine Team Evaluators. Prior to being approved by the Commission as a canine team evaluator, the evaluator shall provide documentation verifying that the evaluator applicant has complied with the following requirements:
(a) through (b) No change.
(c) A letter of recommendation for the evaluator applicant from a training center director or agency administrator head.
(d) Request for evaluator status. A letter from the evaluator applicant requesting approval from the Commission as a “canine team evaluator” shall be forwarded to the Florida Department of Law Enforcement, Criminal Justice Professionalism Program, (optional), complete address, and documentation of compliance with the standards set forth in this rule section.
(e) through (f) No change.
Specific Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12(17) FS. History–New 3-29-89, Amended 12-13-92, 1-2-97, 7-7-99, 8-22-00, 7-29-01, 11-5-02, 11-30-04, 3-27-06, 3-21-07,_________.