Notice of Development of Rulemaking

DEPARTMENT OF LAW ENFORCEMENT
Criminal Justice Standards and Training Commission
RULE NO.: RULE TITLE:
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-27.005: Revocation or Disciplinary Actions; Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances
PURPOSE AND EFFECT: Updates the moral character violations for an officer’s failure to maintain good moral character; to comply with statutory revisions to Section 943.131(2), F.S., amended on 7/1/10, by granting additional equivalency of training exemptions; adds language to the Affidavit of Separation form CJSTC-61 to require written documentation of an officer/instructor’s internal or criminal investigation upon separation of employment; adds chronic illnesses to rule and the Firearms Law Enforcement Officer Qualification Standard form CJSTC-86B to qualify for an extension for completing the required bi-annual Firearms Qualification Standard; adds Section 901.36(1), F.S., to the penalty guidelines for the violation of “using a false name or false identification by a person arrested or lawfully detained”; and adds as an aggravating circumstance, the revocation of an officer’s certification for cases where a respondent has been notified and failed to answer the Administrative Complaint or failed to respond to the allegations of misconduct alleged by the Commission.
SUBJECT AREA TO BE ADDRESSED: Moral character violations; equivalency of training exemption policy; internal or criminal investigations; chronic illnesses allowed for reason to extend completion of the required bi-annual Firearms Qualification Standard; and officer discipline penalty guidelines.
RULEMAKING AUTHORITY: 943.03(4), 943.12(1) FS.
LAW IMPLEMENTED: 943.12, 943.12(3), 943.13, 943.13(11), (7), 943.133, 943.135, 943.139, 943.1395, 943.1395(3), (8), 943.1701, 943.1715, 943.1716, 943.253 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: November 2, 2011, 1:00 p.m.
PLACE: Florida Department of Law Enforcement, Criminal Justice Professionalism Program, CJPP Conference Room, 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, or donnahunt@fdle.state.fl.us, or write to Florida Department of Law Enforcement, Criminal Justice Professionalism Program, 2331 Phillips Road, Tallahassee, Florida 32308. 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Donna Hunt at (850)410-8615, or donnahunt@fdle.state.fl.us, or write to Florida Department of Law Enforcement, Criminal Justice Professionalism Program, 2331 Phillips Road, Tallahassee, Florida 32308

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.