The purpose and effect of the proposed rule is to clarify deadlines for firearms training and qualification.  


  • RULE NO: RULE TITLE
    33-302.104: Correctional Probation Officers Carrying Firearms
    PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify deadlines for firearms training and qualification.
    SUMMARY: The proposed rule provides for expiration of the weapon card on the last day of the month, one year from the date of issue, and requires that the officer successfully qualify annually thereafter in order to remain qualified to carry a firearm.
    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
    Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
    SPECIFIC AUTHORITY: 20.315, 790.06, 944.09 FS.
    LAW IMPLEMENTED: 20.315, 790.06, 944.09 FS.
    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Perri King Dale, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

    THE FULL TEXT OF THE PROPOSED RULE IS:

    33-302.104 Correctional Probation Officers Carrying Firearms.

    (1) through (2) No change.

    (3) Authorization Procedures.

    (a) through (d) No change.

    (e) The weapon card shall expire on the last day of the month, one year from the date of issue twelve months after the date of the initial qualification unless written documentation of annual qualification is submitted to the authorizing entity prior to the expiration of the weapon card. The officer shall be required to successfully qualify annually within twelve months after the date of the initial qualification and every twelve months thereafter in order to remain qualified to carry a firearm.

    (f) Annual qualification must occur prior to the employee’s weapon card expiration month. The new weapon card will be issued effective the date of the annual qualification. If the weapon card has expired and the officer has not attended annual training, the officer will need to reapply to carry a firearm and demonstrate proficiency by successfully qualifying with the specified firearm.

    (g) through (11) No change.

    Specific Authority 20.315, 790.06, 944.09 FS. Law Implemented 20.315, 790.06, 944.09 FS. History–New 5-28-86, Amended 7-7-92, 12-20-92, 3-30-94, 9-27-94, 12-19-94, 3-8-95, 2-15-98, Formerly 33-24.013, Amended 3-4-01, 12-4-01, 8-13-03, 6-24-04, 7-13-05, ________.


    NAME OF PERSON ORIGINATING PROPOSED RULE: Bruce Grant, Assistant Secretary of Community Corrections
    NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Laura E. Bedard, Ph.D., Deputy Secretary
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 26, 2007
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 21, 2007

Document Information

Comments Open:
1/25/2008
Summary:
The proposed rule provides for expiration of the weapon card on the last day of the month, one year from the date of issue, and requires that the officer successfully qualify annually thereafter in order to remain qualified to carry a firearm.
Purpose:
The purpose and effect of the proposed rule is to clarify deadlines for firearms training and qualification.
Rulemaking Authority:
20.315, 790.06, 944.09 FS.
Law:
20.315, 790.06, 944.09 FS.
Contact:
Perri King Dale, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
Related Rules: (1)
33-302.104. Correctional Probation Officers Carrying Firearms