14017681, 11B-27.0011 - Florida Administrative Rules, Law, Code, Register

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Notice: 14017681

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-27.004	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:

11B-27.0011(3):  Clarifies the documents required for the Commission to consider reinstatement of a previously certified officer.  
11B-27.0011(4)(c)14.a.-e.:  Adds “Misuse of Electronic Databases” as a new officer violation because of increased officer violations.  
11B-27.002(3)(a)11.:  Revises the Equivalency-of Training form CJSTC-76 to update the comparable training required in the new Florida Law Enforcement Academy program and to clarify the procedures for submitting form CJSTC-76 to Commission staff.  
11B-27.00211(2)(a):  Adds the name of Florida Department of Children and Families required to submit for processing an applicant’s fingerprints to FDLE.  
11B-27.004(9)(e):  Adds additional rule language to explain when a Letter of Acknowledgement shall not be issued to an officer.  
11B-27.005(1)(a)–(b):  Deletes rule language that conflicts with Rule 11B-27.004(7) and 11B-27.005, F.A.C., when issuing a Letter of Acknowledgement.  
11B-27.005(5)(c)3.:  Revises the penalty range for “Misuse of Official Position,” from “suspension” to “suspension to revocation,” because this violation and penalty was originally used for “misuse of electronic databases.”  
11B-27.005(5)(c)13.:  Adds the violation of “misuse of electronic databases” and the recommended penalty to correspond with the new moral character violation in Rule 11B-27.0011(4)(c)14., F.A.C.  
11B-27.005(5)(c)14.:  Adds the violation of “Intentional Abuse of Temporary Employment Authorization” and the recommended penalty because of increased officer violations.  
11B-27.005(5)(c)15.:  Adds the violation of “Any willful and offensive exposure or exhibition of his or her sexual organs in public or on the private premises of another….” and the recommended penalty because of increased officer violations.  
11B-27.013(1)(a), 11B-27.013(3)(a), 11B-27.013(5), (5)(a)-(c),11B-27.013(6), and 11B-27.013(6)(c):  Revises the name of “Patrol Canine Team” to “canine team” throughout Rule 11B-27.013, F.A.C., to allow for expanded instruction in topics such as search and apprehensive, detection, and tracking and trailing.  
11B-27.013(1)(b):  Revises the “Patrol Canine Evaluator” to “Canine Evaluator” to allow for expanded instruction in the topics of search and apprehensive, detection, and tracking and trailing, revises the name of the “Proficiency Examination” to “Performance Evaluation” to be consistent with the name of other forms used for courses that require a performance evaluation, and updates the Canine Team Training course to conform with the current curriculum (the course hours increased from 400 to 480 hours, however, this course is not a Commission mandated certification and is an optional course for agencies), and updates a rule reference.  
11B-27.013(2):  Revises the “Patrol Canine Team Certification” name to “Canine Team Certification” to allow for expanded instruction in the topics of search and apprehensive, detection, and tracking and trailing, and clarifies the procedures for a canine team to obtain equivalent canine training.  
11B-27.013(2):  Revises the Canine Team Certification Application form CJSTC-70 to conform with the current curriculum.  
11B-27.013(3)(b)1.-2.:  Requires completion of the updated Canine Team Training course prior to being a certified canine team.  
11B-27.013(3)(c):  Revises the procedures for completing the updated Canine Team Training course when the course is not delivered at a Commission-certified training school.  
11B-27.013(3)(c):  Creates the Canine Course Equivalency Checklist form CJSTC-70A to be completed by a Commission-approved evaluator when determining equivalent canine training to conform with the current curriculum.  
11B-27.013(3)(d)1.-4.:  Revises the procedures for a Commission-approved evaluator to evaluate an equivalent canine training course to conform with the current curriculum. 
11B-27.013(3)(e):  Reincorporates the Canine Team Performance Evaluation form CJSTC-83 from Rule 
11B-27.013(3)(c) to (3)(e) and substantially rewrites the form by reformatting, clarifying the proficiency demonstrations, including an attestment for both the evaluators and applicant, includes additional training information, and revises the canine team performances to conform with the current curriculum.  
11B-27.013(3)(e)1.-7.:  Updates the procedures for a Commission-approved canine team evaluator when documenting the training of a canine team to conform with the current curriculum.  
11B-27.013(4)(a):  Updates the Canine Team Certification renewal date to avoid processing renewals during the holiday months.  
11B-27.013(4)(b):  Deletes redundant form name references and updates the rule reference.  
11B-27.013(4)(c):  Clarifies the procedures for a canine team to apply for an expired canine team certification.  
11B-27.013(5)(c):  Revises the name of “Patrol Canine Team” to “canine team” throughout Rule 11B-27.013, F.A.C., to allow for expanded instruction in topics such as search and apprehensive, detection, and tracking and trailing and deletes unnecessary words.  
11B-27.013(6)(b):  Revises the Canine Team Certification Deficiency Notification Application form CJSTC-270 to require a canine team to complete the updated Canine Team Training course to conform with the current curriculum and updates referenced form names in form CJSTC-270.  
11B-27.013(7) & (7)(a):  Makes grammatical revisions.  
11B-27.013(7)(b):  Decreases the number of canine teams from twelve to six for a canine team evaluator to instruct the updated Canine Team Training course to conform with the current curriculum.  
11B-27.013(7)(c):  Requires an officer to evaluate a minimum of twelve canine teams under the supervision of a Commission-approved evaluator prior to being approved by the Commission as a Canine Team Evaluator to conform with the current curriculum.  
11B-27.013(7)(d)-(f):  Adds the words “canine team” to “evaluator applicant” for clarification and renumbers the paragraphs.  
11B-27.013(7)(g):  Updates to require a canine team evaluator to submit a request for evaluator status four years following the date the Commission previously approved the evaluator to conform with the current curriculum.

SUBJECT:

Reinstatement of a previously certified officer; misuse of electronic databases violation; Equivalency-of Training form CJSTC-76; private criminal justice facilities that contract with the Florida Department of Children and Families; Letter of Acknowledgement procedures; deletes conflicting rule language; “Misuse of Official Position” revised penalty;  “Misuse of Electronic Databases” violation and penalty; “Intentional Abuse of Temporary Employment Authorization” violation and penalty; “Any willful and offensive exposure or exhibition of his or her sexual organs …..” violation and penalty; removes the word “patrol” in the names of “canine team,” “canine evaluator,” “performance evaluation,” and “canine team certification”; Canine Team Training course and course instruction procedures; updates rule references; equivalent canine team training; Canine Team Certification Application form CJSTC-70; new canine team certification requirements; new Canine Course Equivalency Checklist form CJSTC-70A; Canine Team Performance Evaluation form CJSTC-83; canine team performance evaluation procedures; Canine Team Certification renewal dates; deletes redundant form name; procedures for expired Patrol Canine Team Certifications; Canine Team Certification Deficiency Notification Application form CJSTC-270; grammatical revisions; requirements to become a canine team evaluator; and new canine team training maintenance requirements.

RULEMAKING AUTHORITY:

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

LAW:

943.12(3), 943.13, 943.13(7), (16), 943.133, 943.139, 943.1395, 943.1395(7), (8) FS.

PRINT PUBLISH DATE:

1/7/2014 Vol. 40/04

RELATED STATUTES
AND LAWS:

943.03(4), 943.12(1), 943.1395 FS., 943.12(3), 943.13, 943.13(7), (16), 943.133, 943.139, 943.1395, 943.1395(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://www.flrules.org/gateway/ruleno.asp?id=11B-27.0011&PDate=1/7/2014&Section=1

REFERENCE MATERIALS:

No reference(s).

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