18205268, 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: 18205268

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-27.00211	Fingerprint Processing and Criminal Record Results
11B-27.003	Duty to Report, Investigations, Procedures
11B-27.005	Revocation or Disciplinary Actions; Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances

PURPOSE:

Sub-paragraph 11B-27.0011(4)(c)15., F.A.C.:  Adds a new sub-paragraph to include “prejudicial behavior” as a moral character violation.
Sub-subparagraphs 11B-27.0011(4)(c)15.a.-b., F.A.C.:  Adds new sub-paragraphs to define “prejudicial behavior” violation and includes penalty guidelines for Florida officers who exhibit prejudicial behavioral courses of conduct and who participate in activity which furthers the interests of a “hate group”, as defined in Section 874.03(6), F.S.
Paragraph 11B-27.002(1)(d), F.A.C.:  Combines the original Physician’s Assessment, form CJSTC-75, and the Physical Fitness Assessment, form CJSTC-75B, to create and incorporate the revised Physician’s Assessment, form CJSTC-75, which includes the student participation activities and medical conditions regarding OC/CS contamination; and prohibits a chiropractor from completing the form as a medical doctor. The original form CJSTC-75B will be repealed.
Sub-paragraph 11B-27.002(3)(a)11., F.A.C.:  Incorporates the revised Exemption-From-Training, form CJSTC-76, to change the discipline field name to “Florida Correctional Probation Officer Training Academy” and revise the deficiency topics.
Sub-paragraph 11B-27.002(3)(a)15., F.A.C.:  Incorporates the revised Affidavit of Separation, form CJSTC-61, and removes the reference to the Affidavit of Separation Supplement, form CJSTC-61A, which is being repealed.  Also provides clarification concerning an agency’s responsibility in conducting an internal investigation upon the separation of an officer.  
Subsection 11B-27.002(6), F.A.C.:  Deletes paragraph containing the repealed Affidavit of Separation Supplement, form CJSTC-61A, because the form will no longer be used.
Paragraph 11B-27.00211(2)(a), F.A.C.:  Updates the forms website link.
Paragraph 11B-27.003(2)(a), F.A.C.:  Revises the Internal Investigation Report, form CJSTC-78, to update the instructions for completing the form; specifies that only the last four digits of the officer’s social security number are required for completion of the form, pursuant to 119.071, F.S.; and updates the forms website link.
Sub-paragraphs 11B-27.005(5)(c)16.-17., F.A.C.:  Adds the violation of “prejudicial behavior” to the penalty guidelines and includes recommended penalty ranges of “written reprimand to revocation” and “revocation”.

SUBJECT:

Add rule language to define and include penalty guidelines for “prejudicial behavior” as a moral character violation; update forms website links and revised Exemption-From-Training, form CJSTC-76; Physician’s Assessment, form CJSTC-75; Affidavit of Separation, form CJSTC-61; and Internal Investigation Report, form CJSTC-78; repealed Physical Fitness Assessment, form CJSTC-75B, and Affidavit of Separation Supplement, form CJSTC-61A.

RULEMAKING AUTHORITY:

943.03(4), 943.12(1) FS.

LAW:

943.12(3), 943.13, 943.13(7), 943.133, 943.139, 943.1395, 943.1395(5), (7), (8) FS.

PRINT PUBLISH DATE:

10/31/2016 Vol. 42/212

RELATED STATUTES
AND LAWS:

943.03(4), 943.12(1) FS., 943.12(3), 943.13, 943.13(7), 943.133, 943.139, 943.1395, 943.1395(5), (7), (8) 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=10/31/2016&Section=1

REFERENCE MATERIALS:

No reference(s).

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