16699925, 11B-27.0011 - Florida Administrative Rules, Law, Code, Register

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Notice: 16699925

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-27.00212	Maintenance of Officer Certification
11B-27.00213	Temporary Employment Authorization
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:

11B-27.0011(4)(b)1.:  Amends the current rule language by removing the charge of Video Voyeurism (810.145, F.S.) as a result of a 2012 statutory change which made the charge a misdemeanor for anyone under 19 years old, and a felony for anyone 19 years old or older.
11B-27.0011(5):  Specifies a timeframe of 10 calendar days during which an officer can recant a false statement prior to the employing agency’s conclusion of the internal affairs investigation.
11B-27.002(3)(a)4.:  Revises the Temporary Employment Authorization Statement, form CJSTC-65, to clarify the firearms training requirements outlined in Rule 11B-27.00213(2)(a), F.A.C., and specify that agencies must document and verify the appropriate training of the officer if he or she is carrying a firearm.
11B-27.002(3)(a)15.:  Revises the Affidavit of Separation, form CJSTC-61, and removes the possible negative stigma associated with a person being “terminated” when this reason is typically used for a separation beyond the officer’s control such as the dissolution of the agency.
11B-27.00212(14)(e):  Updates the name of the Injury or Illness Exemption for the Firearms Law Enforcement Officer Qualification Standard, form CJSTC-86B.
11B-27.00212(15)(c):  Updates the list of programs that law enforcement officers may complete to satisfy the Elder Abuse Training requirement and renumbers Rule 11B-27.00212(15)(c)1.-10., F.A.C., because sub-paragraphs # 1, 3, and 5 were removed.
11B-27.00212(15)(c)1.:  Deletes the retired CMS Application-Based Law Enforcement Basic Recruit Training Program (BRTP) number 224.
11B-27.00212(15)(c)3.:  Deletes the retired Traditional Correctional Cross-Over to CMS Application-Based Law Enforcement BRTP number 1143.
11B-27.00212(15)(c)4.:  Updates the status of the Correctional Officer Cross-Over Training to Florida CMS Law Enforcement BRTP number 1191 because the program was retired on 6/30/14.
11B-27.00212(15)(c)5.:  Deletes the retired Traditional Correctional Probation Cross-Over to CMS Application-Based Law Enforcement BRTP number 1157.
11B-27.00212(15)(c)6.:  Updates the status of the Correctional Probation Officer Cross-Over Training to Florida CMS Law Enforcement BRTP number 1179 because the program was retired on 6/30/14.
11B-27.00213(2)(b):  Revises the CMS Firearms Performance Evaluation, form CJSTC-4 CMS, to include local agencies; adds the Safe Handling of Firearms Course to the list of courses required to maintain the instructor to student ratio; adds a line for the rangemaster’s printed name; clarifies language on the proficiency check lists; and revises language to clarify scoring criteria.
11B-27.004(8)-(14):  Deletes subsection 11B-27.004(8), F.A.C., and renumbers subsections 11B-27.004(9)-(14) because Commission staff will no longer issue a Letter of Acknowledgment to respondents who have been terminated by an employing agency.
11B-27.004(9)(e):  Deletes the previous subsection 11B-27.004(9)(e), F.A.C., due to the removal of subsection 11B-27.004(8), F.A.C., reference Commission staff issuing a Letter of Acknowledgment to respondents who have been terminated by the employing agency.
11B-27.005(5)(a)18.:  Adds the felony charge of Video Voyeurism to the list of enumerated penalty guidelines.
11B-27.005(b)4.:  Adds language to specify the charge of Falsification of a Use of Force Report is included in the enumerated penalty guidelines for misdemeanors involving false reports and statements.
11B-27.005(b)8.:  Removes the misdemeanor charge of Video Voyeurism (810.145, F.S.) from the list of enumerated penalty guidelines misdemeanor as a result of a 2012 statutory change.
11B-27.005(5)(c)2.:  Changes the recommended penalty range for the violation of sexual harassment involving physical contact or misuse of position to “probation with training to suspension with training.”
11B-27.013(3)(b)2.:  Revises the Canine Course Equivalency Checklist, form CJSTC-70A, to include the canine handler’s name as well as the canine’s name.

SUBJECT:

Implementation of penalties for lack of good moral character; certification, employment, appointment, reactivation, or termination of officers; Temporary Employment Authorization; Probable Cause Determination; disciplinary guidelines and range of penalties; and requirements for canine team certification.

RULEMAKING AUTHORITY:

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

LAW:

119.071, 943.12, 943.12(3), (16), 943.13, 943.13(7), (11), 943.131, 943.133, 943.135, 943.139, 943.1395, 943.1395(3), (7), (8), 943.17(1)(a), 943.1701, 943.1715, 943.1716, 943.253 FS.

PRINT PUBLISH DATE:

10/30/2015 Vol. 41/212

RELATED STATUTES
AND LAWS:

943.03(4), 943.12(1), 943.1395 FS., 119.071, 943.12, 943.12(3), (16), 943.13, 943.13(7), (11), 943.131, 943.133, 943.135, 943.139, 943.1395, 943.1395(3), (7), (8), 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=10/30/2015&Section=1

REFERENCE MATERIALS:

No reference(s).

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