12298744, 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: 12298744

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-27.0021	High School Graduation or Equivalent
11B-27.00212	Maintenance of Officer Certification
11B-27.00213	Temporary Employment Authorization
11B-27.0022	Background Investigations
11B-27.013	Canine Team Certification
11B-27.014	Implementation of the Federal Law Enforcement Officers Safety Act of 2004

PURPOSE:

Repeals Section 817.567, F.S., regarding “making false claims of academic degree or title,” from the list of misdemeanor or criminal offenses pursuant to new legislation effective 7/1/2011;
Revises the oath on the Affidavit of Applicant form CJSTC-68 and the Authority for Release of Information form CJSTC-58, to comply with Section 117.05(13)(a), F.S.;
Clarifies that a current background investigation shall be conducted not more than one year prior to the date of employment or appointment of an officer or civilian officer trainee;
Makes housekeeping revisions to the Registration of Employment Affidavit of Compliance form CJSTC-60 and revises the oath to comply with Section 117.05(13)(a), F.S;
Revises the Officer Certification Application form CJSTC-59 to clarify that the employing agency is required to certify a new-hire, who is eligible for certification, regardless if the new hire has been separated from employment, updates statutory references, and revises the oath on form CJSTC-59 to comply with Section 117.05(13)(a), F.S.;
Revises the Employment Background Investigative Report form CJSTC-77 to update instructions;
Requires the employing agency to certify a new hire within 30 days of the applicant’s compliance with certification requirements and record the certification into the Commission’s automated system regardless if the applicant has been separated from employment or appointment, and clarifies that the officer shall be certified within four years of date the officer began basic recruit training;
Requires employing agencies to update an officer’s training and employment data in the Commission’s automated system prior to the separation of an officer’s employment or appointment;
Requires employing agencies to provide proof that an accredited college or university has accepted a high school diploma prior to entrance into a degree-seeking program;
Prohibits a previous employing agency from updating an officer’s training or employment record when the officer is employed by another agency;
Removes the word “certified” to acknowledge the mandatory firearms qualification required under Rule 
11B-27.00212(14), F.A.C., because the mandatory firearms qualification may have occurred prior to a law enforcement officer becoming certified in proximity to their employment with a criminal justice agency;
Revises the Law Enforcement Officer Firearms Qualification Standard form CJSTC-86A and CMS Firearms Performance Evaluation form CJSTC-4 CMS to require use of a commercially produced B-21E or equivalent Pride Enterprises (PRIDE) target for demonstration of firearms proficiency skills;  
Updates the effective dates and retirement dates of basic recruit training programs;  
Requires that a current background investigation shall be conducted not more than one year prior to the date of employment or appointment, as an officer or civilian officer trainee, pursuant with Rule 11B-27.002(1)(g), F.A.C., and requires a completed Employment Background Investigative Report form CJSTC-77.  Form CJSTC-77 requires the mandatory checks of previous employment, FCIC Record, NCIC Record, Local Law Enforcement, Military History, Controlled Substances, and investigative findings;  
Updates rule reference in Rule 11B-27.013(8)(f), F.A.C.;  
Removes the duplicate reference for obtaining the Firearms Proficiency Verification Card, form CJSTC-600, because the information is included in Rule 11B-27.014(4)(a), F.A.C.;
Requires the use of a commercially produced B-21E or equivalent Pride Enterprises (PRIDE) target for demonstration of firearms proficiency skills;  
Repeals vague rule language;  
Clarifies that if a retiree loses their Commission-approved Firearms Proficiency Verification Card form 
CJSTC-600 the retiree shall repeat the course of fire prior to issuance of a new card.

SUBJECT:

Repeals Section 817.567, F.S., “making false claims of academic degree or title; Background Investigations for employment or appointment; Certification of new hires; Electronic update of officer training and employment data; High school diploma requirements; Policy requirements for agencies to update officer  records; Mandatory firearms qualification.  Basic recruit training programs effective/retirement dates; Background investigations policy.  Updates rule reference.  Firearms Proficiency Verification Card form CJSTC-600; Required firearms targets; Repeal of vague rule language; Policy for reissuance of a lost Firearms Proficiency Verification Card form CJSTC-600; Affidavit of Applicant form CJSTC-68; Authority for Release of Information form CJSTC-58; Employment Affidavit of Compliance form CJSTC-60; Officer Certification Application form CJSTC-59; Employment Background Investigative Report form CJSTC-77; Officer Firearms Qualification Standard form CJSTC-86A; and CMS Firearms Performance Evaluation form CJSTC-4 CMS.

RULEMAKING AUTHORITY:

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

LAW:

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

PRINT PUBLISH DATE:

11/20/2012 Vol. 38/75

RELATED STATUTES
AND LAWS:

943.03(4), 943.12(1), 943.133(3) FS., 943.12, 943.12(17), 943.12(3), 943.13, 943.13(3),(7),(11), 943.131, 943.132, 943.133, 943.135, 943.139, 943.1395, 943.1395(3),(7), 943.17(1)(a) 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=11/20/2012&Section=1

REFERENCE MATERIALS:

No reference(s).

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