11B-27.0011(5): 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 ...

 

DEPARTMENT OF LAW ENFORCEMENT
Criminal Justice Standards and Training Commission

RULE NO: RULE TITLE
11B-27.0011: Moral Character
11B-27.00212: Maintenance of Officer Certification
PURPOSE AND EFFECT: 11B-27.0011(5): 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.
11B-27.00212(13): 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. 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.
SUMMARY: The proposed rule revisions implement the following changes: Added rule language to provide for “recantation of a false statement” that occurs during the performance of work duties or in the course of an administrative investigation. Reduced the mandatory retraining cycle for use-of-force training. Added elder abuse training for basic recruit training programs and mandatory retraining as required by the 2008 statutory revision to Section 943.17296, F.S.
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: 943.03(4), 943.12(1) FS.
LAW IMPLEMENTED: 943.12, 943.13, 943.135, 943.1395, 943.1701, 943.1715, 943.1716, 943.253 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: February 4, 2009, 10:00 a.m.
PLACE: 2331 Phillips Road, 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]. 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 IS: Donna Hunt at [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

11B-27.0011 Moral Character.

(1) through (4) No change.

(a) through (b) No change.

1. through 3. No change.

(c) No change.

1. through 3. No change.

a. through b. No change.

4. No change.

a. through c. No change.

5. through 9. No change.

a. through l. No change.

10. through 12. No change.

(d) No change.

(5) A certified officer’s failure to maintain good moral character as defined in subsection (4) of this rule section by committing a violation involving perjury or false statement in a court proceeding, shall not include a statement which was recanted. If the violation involving perjury or false statement is alleged to have occurred in the performance of regularly required work duties or the course of an administrative or disciplinary investigation, a certified officer’s failure to maintain good moral character as defined in subsection (4) of this rule section shall not include a statement in which the officer making the statement conceded such statement to be false prior to the employing agency’s final disciplinary determination as provided for in Section 112.532(4)(b), F.S. Recantation, pursuant to Section 837.07, F.S., shall be a defense to any violation involving perjury or false statement, pursuant to subsection (4) of this rule section.

(6) through (7) No change.

(a) through (c) No change.

(8) No change.

Specific Authority 943.03(4), 943.12(1) FS. Law Implemented 943.13(7), 943.1395(7) FS. History–New 1-7-85, Formerly 11B-27.011, Amended 7-13-87, 10-25-88, 12-13-92, 9-5-93, 1-19-94, 8-7-94, 11-5-95, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 4-11-04, 11-30-04, 3-27-06, 3-21-07, 6-9-08,________.

 

11B-27.00212 Maintenance of Officer Certification.

(1) through (3) No change.

(4) Continuing education or training pursuant to Section 943.135, F.S.  Upon an officer’s completion of the required continuing education or training the employing agency shall submit or electronically transmit to Commission staff through the Commission’s ATMS, and maintain in file a completed Mandatory Retraining Report, form CJSTC-74, revised November 8, 2007, hereby incorporated by reference.

(5) No change.

(a) through (d) No change.

(6) through (12) No change.

(a) No change.

1. through 3. No change.

(b) No change.

1. through 3. No change.

(13) Use-of-Force training.  An officer, whose mandatory retraining cycle begins on July 1, 2005 or thereafter, shall, as a part of the officer’s 40-hour continuing education or training every four years, be required to complete the following Use-of-Force training.

(a) No change.

1. through 5. No change.

(b) A law enforcement and correctional officer shall complete, once every two years, Use-of-Force training pursuant to subparagraphs (13)(a)1.-5., of this rule section.

(c) A correctional probation officer shall complete, once every two years, Use-of-Force training pursuant to subparagraphs (13)(a)2.-5., of this rule section.

(d) An officer, who fails to comply with the Use-of-Force training requirements within the first two years of his or her four-year mandatory retraining cycle, shall satisfy these training requirements prior to the end of the four-year cycle.

(d)(e) An officer’s employing agency shall report the completion of Use-of-Force training to Commission staff, pursuant to (4) of this rule section. prior to the close of the officer’s four-year mandatory retraining cycle, by electronically transmitting a completed Mandatory Retraining Report form CJSTC-74, through the Commission’s ATMS.

(e)(f) An officer is permitted to substitute instruction of Use-of-Force training to satisfy the continuing education or training requirements for the officer’s four-year mandatory retraining cycle.

(g) An officer, who fails to comply with the Use-of-Force training requirements, pursuant to paragraphs (13)(a)-(f) of this rule section, shall become an inactive Florida officer. The officer’s certification shall become reactivated when the officer’s employing agency electronically transmits a completed form CJSTC-74, to Commission staff, verifying the officer has met the continuing education or training requirements for the officer’s four-year mandatory retraining cycle.

(h) An officer, who has a lapse in employment of less than four years, shall complete the Use-of-Force training requirements pursuant to paragraph (13)(b) or (c) of this rule section.

(14) No change.

(a) No change.

(b) Reporting of the compliance with this standard shall be June 30, 2008, and every two years thereafter. Documentation supporting the demonstration of proficiency skills shall be reported on the Mandatory Firearms Training Report, form CJSTC-86, revised November 8, 2007, hereby incorporated by reference, and maintained in the officer’s employment file. The employing agency shall submit or electronically transmit to Commission staff through the Commission’s ATMS, the date of completion a completed form CJSTC-86.

(c) through (d) No change.

(15) Elder Abuse Training.  As a part of basic recruit training or the officer’s continuing education or training, a law enforcement officer shall be required to complete training on identifying and investigating elder abuse and neglect.

(a) Certified law enforcement officers shall complete Elder Abuse Training on or before June 30, 2011 pursuant to Section 943.17296, F.S.

(b) The training shall include instruction on the identification of and appropriate responses for persons suffering from dementia and on identifying and investigating elder abuse and neglect.

(c) Law enforcement officers who have successfully completed one of the following programs will have satisfied this training requirement:

1. CMS Application-Based Law Enforcement Basic Recruit Training Program (BRTP) number 224.

2. Florida CMS Law Enforcement BRTP number 1177.

3. Traditional Correctional Cross-Over to CMS Application-Based Law Enforcement BRTP number 1143.

4. Correctional Officer Cross-Over Training to Florida CMS Law Enforcement BRTP number 1178.

5. Traditional Correctional Probation Cross-Over to CMS Application-Based Law Enforcement BRTP number 1157.

6. Correctional Probation Officer Cross-Over Training to Florida CMS Law Enforcement BRTP number 1179.

7. CMS Law Enforcement Auxiliary Officer BRTP number 1180.

(d) Law enforcement officers who have successfully completed Crimes Against the Elderly advanced training course number 100 will have satisfied this training requirement.

(e) Law enforcement officers who have successfully completed the Elder Abuse Training for Law Enforcement course by the Department of Elder Affairs will have satisfied this training requirement.

(f) Law enforcement officers who have successfully completed the Specialized Training Program Elder Abuse Investigations course, number 1185, will have satisfied this training requirement. There are no required minimum training hours for mandatory retraining, however, training schools may teach the course as a specialized training program course requiring a minimum of four contact hours.

(g) An officer who fails to comply with the elder abuse and neglect training requirements pursuant to Section 943.17296, F.S., shall become an inactive Florida officer.  The officer’s certification shall become reactivated when the officer’s employing agency provides Commission staff with verification that the officer has met the continuing education or training requirement.

(h) Upon an officer’s completion of the required training the employing agency shall submit or electronically transmit to Commission staff through the Commission’s ATMS the date of completion.

Specific Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12, 943.13(11), 943.135, 943.1395(3), 943.1701, 943.1715, 943.1716, 943.253 FS. History–New 11-5-02, Amended 12-3-03, 11-30-04, 3-27-06, 3-21-07, 6-9-08,________.

 

Editorial Note: See 11B-27.0023, F.A.C.

NAME OF PERSON ORIGINATING PROPOSED RULE: Donna Hunt at [phone], Bureau Chief Vickie Gardner at [phone], and Attorney Fern Rosenwasser at [phone]
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Department of Law Enforcement
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 9, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 17, 2008