8147629, 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: 8147629

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-27.0022	Background Investigations
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
11B-27.014	Implementation of the Federal Law Enforcement Officers Safety Act of 2004

PURPOSE:

Subparagraph 11B-27.0011(4)(b)1., F.A.C.: Added the new statutes for “dating violence” (Section 784.046(15), F.S.) and for “video voyeurism” (Section 810.145, F.S.) to the list of misdemeanor or criminal offenses. Subparagraph 11B-27.0011(4)(c)5., F.A.C.: Added specific sexual acts that define “sex on duty,” or at any time the officer is acting under the color of authority as a Commission-certified criminal justice officer, and is not done for a bona fide medical purpose or in the lawful performance of the officer’s duty. Subparagraph 11B-27.0011(4)(c)11., F.A.C.: Added the offense of “public nudity” to the list of acts or conduct of an officer for failure to maintain good moral character and defines “public nudity.” Paragraph 11B-27.0011(4)(d), F.A.C.: Added the current evidentiary rules and accepted testing practices for drug testing listed in Sections 112.0455, 440.102, or 944.474, F.S. Subsection 11B-27.0011(8), F.A.C.: Deleted rule text that discloses where individuals may obtain CJSTC forms. Rule 11B-27.002, F.A.C., and subsection 11B-27.0022(2) old (a), F.A.C.: Amended, in rule and on the Employment Background Investigative Report Form CJSTC-77 form, the requirement for door-to-door neighborhood checks from mandatory to recommended. Subsection 11B-27.00212(14), F.A.C.: Revised to require officers, who have been separated from employment or appointment for failure to complete the Commission’s Firearms Qualification Standard, to complete the required training within six months of the date the officer separated from employment or appointment, or comply with the certification or reactivation of certification requirement(s) in subsection 11B-27.002(1), F.A.C., prior to re-employment. Paragraph 11B-27.00213(2)(b), F.A.C.: Deleted the requirement on the CMS Firearms Performance Evaluation form CJSTC-4 CMS to shoot with a rifle or carbine in the “4 and 5 zone” of the B-29 reduced police silhouette target. Subsection 11B-27.0022(2) new(a), F.A.C.: Revised the Authority for Release of Information form CJSTC-58 to include new language for obtaining additional information needed to determine the good moral character of an applicant. Subsection 11B-27.0022(3), F.A.C.: Deleted the requirement for individuals to electronically submit the Employment Affidavit of Compliance form CJSTC-60 via the Commission’s Automated Training Management System. Paragraph 11B-27.004(12)(a), F.A.C.: Revised to allow cases to be “no caused” when a violation has been committed more than eight years prior to Commission action at a Probable Cause Determination Hearing. Subparagraphs 11B-27.005(5)(a)16.-17., F.A.C.: Added “Bribery or unlawful compensation or reward for official behavior,” in Sections 838.015 and 838.016, F.S., to the enumerated felony offenses, absent aggravating or mitigating circumstances, with a recommended penalty of revocation. Paragraph 11B-27.005(5)(b), F.A.C.: Added “video voyeurism,” (Section 810.145, F.S.) to the enumerated misdemeanor offenses, absent aggravating or mitigating circumstances, with a recommended penalty of “Prospective suspension, and probation with counseling to revocation.” Rules 11B-27.013 and 11B-27.014, F.A.C.: Revised to allow a training center director designee to implement policies set by the Commission or the director, approve documents or make routine requests consistent with the Commission or director’s guidance, and represent the director at meetings.

SUBJECT:

Dating violence and video voyeurism; Sex on duty; Public nudity; Drug testing rules and accepted testing practices; bribery and unlawful compensation or reward for official behavior felony offenses; Information for obtaining CJSTC forms; Video voyeurism misdemeanor offenses; Door-to-door neighborhood background checks; Employment Background Investigative Report form CJSTC-77; Evidentiary rules and accepted testing practices for drug testing; Unlawful taking of controlled substances; Authority for Release of Information form CJSTC-58; CMS Firearms Performance Evaluation form CJSTC-4 CMS; Procedures for compliance with the Commission’s Firearms Qualification Standard; Procedures for processing violations more than eight years old for probable cause determination hearings; Delegation of specific authority to training center director designees.

RULEMAKING AUTHORITY:

943.03(4), 943.12(1), 943.133(3), 943.1395 FS.

LAW:

943.12, 943.12(3), 943.12(17), 943.13, 943.13(11), 943.13(7), 943.131, 943.132, 943.133, 943.135, 943.139, 943.1395(3), 943.1395, 943.1395(7), 943.1395(8), 943.17(1)(a), 943.1701, 943.1715, 943.1716, 943.253 FS.

PRINT PUBLISH DATE:

1/15/2010 Vol. 36/02

RELATED STATUTES
AND LAWS:

943.03(4), 943.12(1), 943.133(3), 943.1395 FS., 943.12, 943.12(3), 943.12(17), 943.13, 943.13(11), 943.13(7), 943.131, 943.132, 943.133, 943.135, 943.139, 943.1395(3), 943.1395, 943.1395(7), 943.1395(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://www.flrules.org/gateway/ruleno.asp?id=11B-27.0011&PDate=1/15/2010&Section=1

REFERENCE MATERIALS:

No reference(s).

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