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-27.0021: 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 revise the following forms to comply with the revision of Section 119.071, F.S., that precludes an agency from requesting an individual’s full social security number unless a list of the documents or forms are filed with the state: Rules 11B-27.002, 11B-27.00212, 11B-27.003, F.A.C.: 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; 11B-27.013; 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.: To clarify the requirements for obtaining proof of compliance and authenticity of a high school diploma and college transcript, and to list the allowable degree granting institutions. Rule 11B-27.00211, F.A.C.: To create a separate rule paragraph for correctional institutions.
To comply with Section 120.74, F.S., which requires an agency to revise its rules as often as necessary (no less than every two years) to ensure compliance with Florida Statutes. Rule 11B-27.002, F.A.C.: Military Status. To allow other official documentation from the United States Military denoting the individual’s discharge status.
Rule 11B-27.0022, F.A.C.: To revise the Authority for Release of Information form CJSTC-58 to allow other official documentation from the United States Military for verifying an individual’s discharge status and to require an agency to document its contact with the applicant’s commanding officer or designee to verify the applicant is compliant with military regulations. Background Investigations – Rule 11B-27.002, F.A.C.: To require that all documents collected during a background investigation shall be made available for review by Commission staff and to clarify the “type” of investigative findings collected on form CJSTC-77 and Rule 11B-27.0022, F.A.C.: To require verification of the applicant’s response through a FCIC and NCIC records warrants check regarding prior history of unlawful conduct and to require verification of the applicant’s response regarding unlawful drug use. Rule 11B-27.003, F.A.C.: To revise the Internal Investigation Report form CJSTC-78 to include Section 112.532(6), F.S., “limitation for disciplinary action during an internal investigation.” Rule 11B-27.00213, F.A.C.: To make formatting changes. Rule 11B-27.002, F.A.C.: To revise form CJSTC-61and CJSTC-61A to require training schools and agencies to report an instructor’s separation from employment to Commission staff.
Pursuant to Section 943.12(1) F.S., to develop rules for the implementation of 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.: To revise existing rule references and remove obsolete rule language. Rule 11B-27.00213, F.A.C.: To revise the performance requirements on the CMS Firearms Performance Evaluation 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: To comply with statutory requirements by updating 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.
To comply with the statutory revisions of Section 943.13(6), F.S., that requires an officer to give prior knowledge of tuberculosis, hypertension, and heart disease in Rule 11B-27.002, F.A.C.
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.: To remove 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. To change the required receipt date of processed fingerprints by the agency from the FBI or FDLE from 3 months to 30 days.
SUBJECT AREA TO BE ADDRESSED: Commission forms; update of moral character violations; requirements for certification, employment or appointment, reactivation, terminating employment or appoint of officers; high school diploma and college transcript; officer fingerprint process; maintenance of officer certification; high-liability performance evaluations; background investigation requirements; officer revocation or disciplinary actions, disciplinary guidelines and range of penalties; and canine team certification.
SPECIFIC AUTHORITY: 943.03(4), 943.12(1), 943.133(3), 943.1395 FS.
LAW IMPLEMENTED: 943.12, 943.13, 943.131, 943.133, 943.135, 943.139, 943.1395, 943.17(1)(a), 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:
TIME AND DATE: Tuesday, February 5, 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Donna Hunt, Florida Department of Law Enforcement, Criminal Justice Professionalism Program, 2331 Phillips Road, Tallahassee, Florida 32308, (850)410-8516
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.