11B-27.0011(4)(b)1.: Amends the current rule language by removing the charge of Video Voyeurism (810.145, F.S.) as a result of a 2012 statutory change which made the charge a misdemeanor for anyone under 19 years old, and a felony for anyone 19 ...

 

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-27.00212Maintenance of Officer Certification

11B-27.00213Temporary Employment Authorization

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: 11B-27.0011(4)(b)1.: Amends the current rule language by removing the charge of Video Voyeurism (810.145, F.S.) as a result of a 2012 statutory change which made the charge a misdemeanor for anyone under 19 years old, and a felony for anyone 19 years old or older.

11B-27.0011(5): Specifies a timeframe of 10 calendar days during which an officer can recant a false statement prior to the employing agency’s conclusion of the internal affairs investigation.

11B-27.002(3)(a)4.: Revises the Temporary Employment Authorization Statement, form CJSTC-65, to clarify the firearms training requirements outlined in Rule 11B-27.00213(2)(a), F.A.C., and specify that agencies must document and verify the appropriate training of the officer if he or she is carrying a firearm.

11B-27.002(3)(a)15.: Revises the Affidavit of Separation, form CJSTC-61, and removes the possible negative stigma associated with a person being “terminated” when this reason is typically used for a separation beyond the officer’s control such as the dissolution of the agency.

11B-27.00212(14)(e): Updates the name of the Injury or Illness Exemption for the Firearms Law Enforcement Officer Qualification Standard, form CJSTC-86B.

11B-27.00212(15)(c): Updates the list of programs that law enforcement officers may complete to satisfy the Elder Abuse Training requirement and renumbers Rule 11B-27.00212(15)(c)1.-10., F.A.C., because sub-paragraphs # 1, 3, and 5 were removed.

11B-27.00212(15)(c)1.: Deletes the retired CMS Application-Based Law Enforcement Basic Recruit Training Program (BRTP) number 224.

11B-27.00212(15)(c)3.: Deletes the retired Traditional Correctional Cross-Over to CMS Application-Based Law Enforcement BRTP number 1143.

11B-27.00212(15)(c)4.: Updates the status of the Correctional Officer Cross-Over Training to Florida CMS Law Enforcement BRTP number 1191 because the program was retired on 6/30/14.

11B-27.00212(15)(c)5.: Deletes the retired Traditional Correctional Probation Cross-Over to CMS Application-Based Law Enforcement BRTP number 1157.

11B-27.00212(15)(c)6.: Updates the status of the Correctional Probation Officer Cross-Over Training to Florida CMS Law Enforcement BRTP number 1179 because the program was retired on 6/30/14.

11B-27.00213(2)(b): Revises the CMS Firearms Performance Evaluation, form CJSTC-4 CMS, to include local agencies; adds the Safe Handling of Firearms Course to the list of courses required to maintain the instructor to student ratio; adds a line for the rangemaster’s printed name; clarifies language on the proficiency check lists; and revises language to clarify scoring criteria.

11B-27.004(8)-(14): Deletes subsection 11B-27.004(8), F.A.C., and renumbers subsections 11B-27.004(9)-(14), F.A.C., because Commission staff will no longer issue a Letter of Acknowledgment to respondents who have been terminated by an employing agency.

11B-27.004(9)(e): Deletes the previous subsection 11B-27.004(9)(e), F.A.C., due to the removal of subsection 11B-27.004(8), F.A.C., reference Commission staff issuing a Letter of Acknowledgment to respondents who have been terminated by the employing agency.

11B-27.005(5)(a)18.: Adds the felony charge of Video Voyeurism to the list of enumerated penalty guidelines.

11B-27.005(b)4.: Adds language to specify the charge of Falsification of a Use of Force Report is included in the enumerated penalty guidelines for misdemeanors involving false reports and statements.

11B-27.005(b)8.: Removes the misdemeanor charge of Video Voyeurism (810.145, F.S.) from the list of enumerated penalty guidelines misdemeanor as a result of a 2012 statutory change.

11B-27.005(5)(c)2.: Changes the recommended penalty range for the violation of sexual harassment involving physical contact or misuse of position to “probation with training to suspension with training.”

11B-27.013(3)(b)2.: Revises the Canine Course Equivalency Checklist, form CJSTC-70A, to include the canine handler’s name as well as the canine’s name.

SUBJECT AREA TO BE ADDRESSED: Implementation of penalties for lack of good moral character; certification, employment, appointment, reactivation, or termination of officers; Temporary Employment Authorization; Probable Cause Determination; disciplinary guidelines and range of penalties; and requirements for Canine Team Certification.

RULEMAKING AUTHORITY: 943.03(4), 943.12(1), 943.1395 FS.

LAW IMPLEMENTED: 119.071, 943.12, 943.12(3), (16), 943.13, 943.13(7), (11), 943.131, 943.133, 943.135, 943.139, 943.1395, 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: Wednesday, November 18, 2015, 10:00 a.m.

PLACE: Florida Department of Law Enforcement, Criminal Justice Professionalism, 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.