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 ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NOS.:RULE TITLES:

11B-27.0011Moral Character

11B-27.002Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers

11B-27.00211Fingerprint Processing and Criminal Record Results

11B-27.004Probable Cause Determination

11B-27.005Revocation or Disciplinary Actions; Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances

11B-27.013Canine Team Certification

PURPOSE AND EFFECT: Subsection 11B-27.0011(3): Clarifies the documents required for the Commission to consider reinstatement of a previously certified officer.

Subparagraphs 11B-27.0011(4)(c)14.a.-e.: Adds “Misuse of Electronic Databases” as a new officer violation because of increased officer violations.

Subparagraph 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.

Paragraph 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.

Paragraph 11B-27.004(9)(e): Adds additional rule language to explain when a Letter of Acknowledgement shall not be issued to an officer.

Paragraphs 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.

Subparagraph 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.”

Subparagraph 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.

Subparagraph 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.

Subparagraph 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.

Paragraphs 11B-27.013(1)(a), 11B-27.013(3)(a), Subsections 11B-27.013(5), (5)(a)-(c),11B-27.013(6), and Paragraph 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.

Paragraph 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.

Subsection 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.

Subsection 11B-27.013(2): Revises the Canine Team Certification Application form CJSTC-70 to conform with the current curriculum.

Subparagraph 11B-27.013(3)(b)1.-2.: Requires completion of the updated Canine Team Training course prior to being a certified canine team.

Paragraph 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.

Paragraph 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.

Subparagraph 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.

Subparagraph 11B-27.013(3)(e): Reincorporates the Canine Team Performance Evaluation form CJSTC-83 from paragraphs 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.

Subparagraph 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.

Paragraph 11B-27.013(4)(a): Updates the Canine Team Certification renewal date to avoid processing renewals during the holiday months.

Paragraph 11B-27.013(4)(b): Deletes redundant form name references and updates the rule reference.

Paragraph 11B-27.013(4)(c): Clarifies the procedures for a canine team to apply for an expired canine team certification.

Paragraph 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.

Paragraph 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.

Subsection 11B-27.013(7) & paragraph (7)(a): Makes grammatical revisions.

Paragraph 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.

Paragraph 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.

Paragraphs 11B-27.013(7)(d)-(f): Adds the words “canine team” to “evaluator applicant” for clarification and renumbers the paragraphs.

Paragraph 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 AREA TO BE ADDRESSED: 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 IMPLEMENTED: 943.12(3), 943.13, 943.13(7), (16), 943.133, 943.139, 943.1395, 943.1395(7), (8) FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: January 24, 2014, 1:00 p.m.

PLACE: Florida Department of Law Enforcement, Criminal Justice Professionalism, 2331 Phillips Road, Criminal Justice Professionalism Conference Room B1055, Tallahassee, Florida 32308.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Donna Hunt at [phone], or [e-mail], or write to Florida Department of Law Enforcement, Criminal Justice Professionalism, 2331 Phillips Road, Tallahassee, Florida 32308. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Donna Hunt at 850-410-8615, or [e-mail], or write to Florida Department of Law Enforcement, Criminal Justice Professionalism, 2331 Phillips Road, Tallahassee, Florida 32308

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.