Notice of Development of Rulemaking

DEPARTMENT OF CORRECTIONS
RULE NO: RULE TITLE
33-302.104: Correctional Probation Officers Carrying Firearms
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify deadlines for firearms training and qualification.
SUBJECT AREA TO BE ADDRESSED: firearms qualification and training for correctional probation officers.
SPECIFIC AUTHORITY: 20.315, 790.06, 944.09 FS.
LAW IMPLEMENTED: 20.315, 790.06, 944.09 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Perri King Dale, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

33-302.104 Correctional Probation Officers Carrying Firearms.

(1) through (2) No change.

(3) Authorization Procedures.

(a) through (d) No change.

(e) The weapon card shall expire on the last day of the month, one year from the date of issue twelve months after the date of the initial qualification unless written documentation of annual qualification is submitted to the authorizing entity prior to the expiration of the weapon card. The officer shall be required to successfully qualify annually within twelve months after the date of the initial qualification and every twelve months thereafter in order to remain qualified to carry a firearm.

(f) Annual qualification must occur prior to the employee’s weapon card expiration month. The new weapon card will be issued effective the date of the annual qualification. If the weapon card has expired and the officer has not attended annual training, the officer will need to reapply to carry a firearm and demonstrate proficiency by successfully qualifying with the specified firearm.

(g) through (11) No change.

Specific Authority 20.315, 790.06, 944.09 FS. Law Implemented 20.315, 790.06, 944.09 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,__________.