Sub-paragraph 11B-27.0011(4)(b)1., F.A.C.: Amends current rule language to add the following charges to the list of misdemeanor moral character violations and associated penalty guidelines: “second refusal to submit to a physical test of breath, ...

 

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-27.0022Background Investigations

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

11B-27.014Implementation of the Federal Law Enforcement Officers Safety Act of 2004

PURPOSE AND EFFECT: Sub-paragraph 11B-27.0011(4)(b)1., F.A.C.: Amends current rule language to add the following charges to the list of misdemeanor moral character violations and associated penalty guidelines: “second refusal to submit to a physical test of breath, blood, or urine”, “possession of certain drugs without prescriptions”, and “installation of tracking devices or applications”.

Paragraph 11B-27.002(1)(f), F.A.C.: Incorporates the revised Affidavit of Application, form CJSTC-68, to update the employment requirements and clarify that an applicant must be at least 18 years of age for correctional officer or 19 years of age for all others.

Paragraph 11B-27.002(2)(a), F.A.C.: Incorporates the revised Officer Certification Application, form CJSTC-59, and the Officer Certification Deficiency Notification, form CJSTC-259, pursuant to HB 7057 which lowers the age of corrections officers to 18.

Subsection 11B-27.002(5), F.A.C.: Clarifies post-separation action regarding certification by adding language to confirm the status of an officer’s certification upon separation from employment.

Subsection 11B-27.00212(14), F.A.C.: Incorporates the revised Law Enforcement Officer Firearms Qualification Standard, form CJSTC-86A, which combines the repealed Mandatory Firearms Training Report, form CJSTC-86, into the form to document compliance with the firearms standard.

Paragraph 11B-27.00212(14)(b), F.A.C.: Combines the repealed Mandatory Firearms Training Report, form CJSTC-86, into the revised Law Enforcement Officer Firearms Qualification Standard, form CJSTC-86A, to document compliance with the firearms standard.

Subsection 11B-27.00212(16), F.A.C.: Adds a new rule section to require all law enforcement officers to complete a Commission-approved course in Identifying and Investigating Human Trafficking, pursuant to the implementation of House Bill 851.

Subsection 11B-27.0022(4), F.A.C.: Provides direction and consistency for employing agencies due to the variances that can occur during the arbitration process and adds language to establish what actions an employing agency must take when reemploying an officer following arbitration.

Sub-paragraphs 11B-27.005(5)(a)3.-20., F.A.C.: Modifies and renumbers the list of violations and penalties that constitute felony offenses by changing the felony charge of “grand theft”; and adding the felony charges of “sexual misconduct” and “possession of certain drugs without prescriptions”.

Sub-paragraph 11B-27.005(5)(a)3., F.A.C.: Changes the penalty guideline for the felony charge of “grand theft” which currently limits the possibilities for settlements for this charge when the circumstance of the case may not rise to the level of revocation.

Sub-paragraph 11B-27.005(5)(a)19., F.A.C.: Adds an enumerated penalty guideline for the felony charge of “sexual misconduct” which prohibits any employee of the Department of Corrections or a private correctional facility from engaging in sexual misconduct with an inmate or an offender supervised by the department in the community, without committing the crime of sexual battery.

Sub-paragraph 11B-27.005(5)(a)20., F.A.C.: Adds the enumerated penalty guideline for the felony charge of “possession of certain drugs without prescriptions” with the intent to sell, dispense, or deliver, pursuant to Section 499.03, F.S.

Sub-paragraph 11B-27.005(5)(b)10., F.A.C.: Revises the enumerated penalty guidelines for the misdemeanor moral character violation of “driving or boating under the influence” as outlined in Florida Statutes.

Sub-paragraphs 11B-27.005(5)(b)18.-20., F.A.C.: Adds the enumerated penalty guideline for the misdemeanor moral character violations of “second refusal to submit to a physical test of breath, blood, or urine”; “installation of tracking devices or applications”; and “possession of certain drugs without prescriptions”, pursuant to Section 499.03, F.S.

Subsection 11B-27.005(10), F.A.C.: Clarifies how the Commission may discipline individuals employed on a TEA and are found to have committed a moral character violation.

Subsection 11B-27.005(11), F.A.C.: Expands the rule allowing the Commission to discipline individuals who are employed on a TEA and are found to have committed an act or acts establishing a “lack of good moral character” and are terminated from employment prior to certification.

Paragraph 11B-27.014(1)(d), F.A.C.: Adds rule language to allow correctional officers to qualify under the USCA 926B(c) or 926C(c), pursuant to the implementation of House Bill 7125.

Paragraph 11B-27.014(2)(b), F.A.C.: Revises the Firearms Proficiency Verification Card, form CJSTC-600, to remove language referencing law enforcement officers, pursuant to the implementation of House Bill 7125; and changes the reference to the federal act which was amended.

SUBJECT AREA TO BE ADDRESSED: Added clarification for the Commission to recognize and uphold a court’s decision to adjudicate a respondent guilty of a misdemeanor offense; added violations of “second refusal to submit to a physical test of breath, blood, or urine”, “possession of certain drugs without prescriptions”, and “installation of tracking devices or applications” to the list of enumerated misdemeanor moral character violations; officer’s certification upon separation from employment; reemploying an officer following arbitration; Commission-approved course on identifying and investigating human trafficking; modified list of felony violations of “grand theft”, “sexual misconduct” and “possession of certain drugs without prescriptions”; misdemeanor moral character violation of “driving or boating under the influence”; Commission’s handling of individuals employed on a TEA and those terminated from employment prior to certification; correctional officer qualifications; repealed Mandatory Firearms Training Report, form CJSTC-86; and revised Law Enforcement Officer Firearms Qualification Standard, form CJSTC-86A; Affidavit of Application, form CJSTC-68; Officer Certification Application, form CJSTC-59; Officer Certification Deficiency Notification, form CJSTC-259; and Firearms Proficiency Verification Card, form CJSTC-600.

RULEMAKING AUTHORITY: 943.03(4), 943.12(1), 943.133(3) FS.

LAW IMPLEMENTED: 943.12, 943.12(3), 943.13, 943.132, 943.133, 943.13(7), (11), 943.135, 943.139, 943.1395(3), (7), (8), 943.12, 943.132, 943.133, 943.139, 943.1395, 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 13, 2019, 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.