Sub-paragraph 11B-27.0011(4)(b)1., F.A.C.: Amends current rule language to add the charge of “video voyeurism” back into the list of misdemeanor moral character violations and associated penalty guideline because a 2019 ....

 

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-27.00212Maintenance of Officer Certification

11B-27.00213Temporary Employment Authorization

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

11B-27.013Canine Team Certification

PURPOSE AND EFFECT: Sub-paragraph 11B-27.0011(4)(b)1., F.A.C.: Amends current rule language to add the charge of “video voyeurism” back into the list of misdemeanor moral character violations and associated penalty guideline because a 2019 statutory change was made allowing for individuals 18 years old to become certified in corrections.

Paragraph 11B-27.002(1)(d), F.A.C.: Incorporates the Physician’s Assessment, form CJSTC-75, which was revised on August 13, 2020, effective 5/2021, but not included in previous rule promulgation.

Subsection 11B-27.002(3), F.A.C.: Incorporates and clarifies the usage of the Agency New Hire Report, form CJSTC-207, and adds a notation that the CJSTC-62 form is required for “private correctional officers only”.

Sub-paragraph 11B-27.002(3)(a)15., F.A.C.: Incorporates the Affidavit Of Separation, form CJSTC-61, to add instructions and clarify the employing agency’s usage of the form to process “separating” and “re-employing” officers who serve on active military duty.

Paragraph 11B-27.00211(2)(a), F.A.C.: Incorporates the revised Fingerprint Notification, form CJSTC-62, to coincide with previous updates made to Rule 11B-27.00211(2)(a), F.A.C., adding Department of Children and Families (DCF) as an approving entity for the fingerprint notification.

Subsection 11B-27.00212(4), F.A.C.: Incorporates the revised Mandatory Retraining Report, form CJSTC-74, pursuant to the 2021 Florida Legislature which passed legislation and adds instructions to the form to mandate retraining for law enforcement officers in the proper use of electronic databases.

Paragraph 11B-27.00212(5)(e), F.A.C.: Adds a training requirement in Use of Electronic Databases for law enforcement officers, pursuant to the 2021 Legislature which passed legislation to add the training requirement to the 40-hour mandatory retraining requirement for law enforcement officers.

Paragraphs 11B-27.00212(17)(a)-(d), F.A.C.: Adds a section (17), pursuant to the 2020 Florida Legislature which created s. 943.17298, F.S., requiring all law enforcement officers to complete training in recognition and responses to head trauma and brain injury in a child under 6 years of age.

Paragraphs 11B-27.00212(18)(a)-(d), F.A.C.: Adds a section (18) to Rule 11B-27.00212, F.A.C., pursuant to the 2021 Florida Legislature which created s. 943.1724, F.S., requiring all law enforcement officers to complete training in sexual assault investigation.

Paragraph 11B-27.00213(2)(b), F.A.C.: Incorporates the revised Firearms Performance Evaluation, form CJSTC-4, to reflect inclusion of Equivalency of Training students; clarification that only basic recruit and instructor students are required to pass an end-of-course examination; and allows the training school to record when an EOT student fails to demonstrate the proficiency skills.

Paragraph 11B-27.00213(4)(b), F.A.C.: Amends the rule language because training courses are sometimes difficult to schedule and the change allows an officer who is unable to meet the TEA time requirements to be employed on a second TEA.

Sub-paragraph 11B-27.005(5)(a)11., F.A.C.: Adds an enumerated penalty guideline for the felony charge of “abuse of children”.

Sub-paragraph 11B-27.005(5)(a)21., F.A.C.: Adds the enumerated penalty guideline for the felony charge of “obscenity” as outlined in Florida Statutes.

Sub-paragraph 11B-27.005(5)(b)8., F.A.C.: Adds the misdemeanor charge of “video voyeurism” to the enumerated penalty guideline.

Sub-paragraph 11B-27.005(5)(b)21., F.A.C.: Adds the enumerated penalty guideline for the misdemeanor moral character violation of “obscenity”.

Paragraph 11B-27.013(2)(e), F.A.C.: Incorporates the revised Canine Team Certification Application, form CJSTC-70, to only request the last four digits of the instructors’ social security number.

SUBJECT AREA TO BE ADDRESSED: Added violation of “video voyeurism” to the list of enumerated misdemeanor moral character violations; revised Physician’s Assessment, form CJSTC-75; Agency New Hire Report, form CJSTC-207; Affidavit Of Separation, form CJSTC-61; Fingerprint Notification, form CJSTC-62; Mandatory Retraining Report, form CJSTC-74; Firearms Performance Evaluation, form CJSTC-4; and Canine Team Certification Application, form CJSTC-70; training requirement in Use of Electronic Databases for law enforcement officers; mandatory training to implement HB43 regarding the recognition of and response to head trauma and brain injury in a child under 6 years of age; mandatory training to implement HB1189 regarding sexual assault investigation training; officer employed on a second TEA; enumerated penalty guideline for the felony charge of “abuse of children”; enumerated penalty guideline for the felony charge of “obscenity”; added misdemeanor charge of “video voyeurism” to the enumerated penalty guideline; and added enumerated penalty guideline for the misdemeanor moral character violation of “obscenity”.

RULEMAKING AUTHORITY: 943.03(4), 943.12(1) FS.

LAW IMPLEMENTED: 943.12(3), (16), 943.13(3), (7), 943.131, 943.133, 943.135, 943.139, 943.1395(3), (7), (8), 943.17(1)(a), 943.1701, 943.1715, 943.1716, 943.253 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: Monday, November 15, 2021 at 10:00 a.m.

PLACE: Florida Department of Law Enforcement, 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: Joyce Gainous-Harris 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: Joyce Gainous-Harris at [phone], 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.