Sub-paragraph 11B-27.0011(4)(c)15., F.A.C.: Adds a new sub-paragraph to include “prejudicial behavior” as a moral character violation. Sub-subparagraphs 11B-27.0011(4)(c)15.a.-b., F.A.C.: Adds new sub-paragraphs to define “prejudicial behavior” ...

 

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-27.003Duty to Report, Investigations, Procedures

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

PURPOSE AND EFFECT: Subparagraph 11B-27.0011(4)(c)15., F.A.C.: Adds a new subparagraph to include “prejudicial behavior” as a moral character violation.

Sub-subparagraphs 11B-27.0011(4)(c)15.a. and b., F.A.C.: Adds new subparagraphs to define “prejudicial behavior” violation and includes penalty guidelines for Florida officers who exhibit prejudicial behavioral courses of conduct and who participate in activity which furthers the interests of a “hate group”, as defined in Section 874.03(6), F.S.

Paragraph 11B-27.002(1)(d), F.A.C.: Combines the original Physician’s Assessment, form CJSTC-75, and the Physical Fitness Assessment, form CJSTC-75B, to create and incorporate the revised Physician’s Assessment, form CJSTC-75, which includes the student participation activities and medical conditions regarding OC/CS contamination; and prohibits a chiropractor from completing the form as a medical doctor. The original form CJSTC-75B will be repealed.

Subparagraph 11B-27.002(3)(a)11., F.A.C.: Incorporates the revised Exemption-From-Training, form CJSTC-76, to change the discipline field name to “Florida Correctional Probation Officer Training Academy” and revise the deficiency topics.

Subparagraph 11B-27.002(3)(a)15., F.A.C.: Incorporates the revised Affidavit of Separation, form CJSTC-61, and removes the reference to the Affidavit of Separation Supplement, form CJSTC-61A, which is being repealed. Also provides clarification concerning an agency’s responsibility in conducting an internal investigation upon the separation of an officer.

Subsection 11B-27.002(6), F.A.C.: Deletes paragraph containing the repealed Affidavit of Separation Supplement, form CJSTC-61A, because the form will no longer be used.

Paragraph 11B-27.00211(2)(a), F.A.C.: Updates the forms website link.

Paragraph 11B-27.003(2)(a), F.A.C.: Revises the Internal Investigation Report, form CJSTC-78, to update the instructions for completing the form; specifies that only the last four digits of the officer’s social security number are required for completion of the form, pursuant to 119.071, F.S.; and updates the forms website link.

Subparagraphs 11B-27.005(5)(c)16. and 17., F.A.C.: Adds the violation of “prejudicial behavior” to the penalty guidelines and includes recommended penalty ranges of “written reprimand to revocation” and “revocation”.

SUBJECT AREA TO BE ADDRESSED: Add rule language to define and include penalty guidelines for “prejudicial behavior” as a moral character violation; update forms website links and revised Exemption-From-Training, form CJSTC-76; Physician’s Assessment, form CJSTC-75; Affidavit of Separation, form CJSTC-61; and Internal Investigation Report, form CJSTC-78; repealed Physical Fitness Assessment, form CJSTC-75B, and Affidavit of Separation Supplement, form CJSTC-61A.

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

LAW IMPLEMENTED: 943.12(3), 943.13, 943.13(7), 943.133, 943.139, 943.1395, 943.1395(5), (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: Wednesday, November 16, 2016, 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.