6288139, 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: 6288139

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-27.00212	Maintenance of Officer Certification

PURPOSE:

Subsection 11B-27.0011(5), F.A.C.: Revised to add rule language for recantation, as a defense to any violation involving perjury or false statement in a court proceeding, if the perjury or false statement occurred during the performance of work duties or in the course of an administrative investigation, and if the officer making the statement conceded such statement to be false prior to the employing agency’s final disciplinary determination. The first sentence of the proposed rule language was written for court proceedings only and is a restatement of Section 837.07, F.S. The second sentence of the proposed rule language includes only “moral character violations” during the course of an internal affairs investigation and does not include misdemeanor convictions of perjury.
Subsection 11B-27.00212(13), F.A.C.: Changed the use-of-force mandatory retraining requirement from every two-years to once during an officer’s 4-year mandatory retraining cycle. Revised the Mandatory Retraining Report form CJSTC-74 to reflect the new use-of-force mandatory retraining cycle.
Subsection 11B-27.00212(15), F.A.C.: Implemented the new statutory requirement for elder abuse training, pursuant to Section 943.17296, F.S., effective July 1, 2008. This training requires the Commission’s basic recruit training programs and mandatory retraining requirements to include identification of and appropriate responses for persons suffering from dementia, and identifying and investigating elder abuse.

SUBJECT:

Recantation of a false statement occurring during the performance of work duties or in the course of an administrative investigation; use-of-force mandatory retraining cycle; and the addition of elder abuse training for basic recruit training programs and the mandatory retraining requirement.

RULEMAKING AUTHORITY:

943.03(4), 943.12(1) FS.

LAW:

943.12, 943.13, 943.135, 943.1395, 943.1701, 943.1715, 943.1716, 943.253 FS.

PRINT PUBLISH DATE:

10/17/2008 Vol. 34/42

RELATED STATUTES
AND LAWS:

943.03(4), 943.12(1) FS., 943.12, 943.13, 943.135, 943.1395, 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=10/17/2008&Section=1

REFERENCE MATERIALS:

No reference(s).

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