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

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NOS.:RULE TITLES:

11B-27.0011Moral Character

11B-27.00212Maintenance of Officer Certification

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

PURPOSE AND EFFECT: Sub-paragraph 11B-27.0011(4)(b)1., F.A.C.: Amends current rule language to add the charge of “introduction of contraband” to the list of misdemeanor moral character violations and associated penalty guideline because statutory changes were made in 2019 and 2020 to reclassify the introduction of written communication, currency or coins, food or clothing, tobacco products, cigarettes, cigars, and any intoxicating beverage from third-degree felonies to first-degree misdemeanors, including the “introduction of a vapor-generating electronic device” into a state correctional facility.

Subsection 11B-27.00212(14), F.A.C.: Incorporates the revised Law Enforcement Officer Firearms Qualification Standard, form CJSTC-86A, to ensure more uniformity with the remaining high liability forms and reflect the updated requirement of demonstrating proficiency to comply with the firearms standard.

Paragraph 11B-27.00212(16)(a), F.A.C.: Updates the training requirements to “Identifying and Investigating Human Trafficking Training” which resulted from the Florida Legislature’s change to the underlying statute during the 2023 Legislative Session.

Paragraph 11B-27.00212(16)(b), F.A.C.: Updates the training requirements to “Identifying and Investigating Human Trafficking Training” which resulted from the Florida Legislature’s change to the underlying statute during the 2023 Legislative Session.

Paragraph 11B-27.00212(16)(c), F.A.C.: Amends the rule language because the word “officers” was inadvertently omitted previously.

Sub-paragraphs 11B-27.005(5)(a)6.-21., F.A.C.: Modifies and renumbers the list of violations and penalties that constitute felony offenses by removing the felony charge of “other introduction of contraband” into both state prisons and county correctional facilities.

Sub-paragraph 11B-27.005(5)(a)6., F.A.C.: Amends the enumerated penalty guidelines to remove felony charges of “other introduction of contraband” for both state prisons and county correctional facilities.

Sub-paragraph 11B-27.005(5)(b)22., F.A.C.: Adds the enumerated penalty guideline for the misdemeanor moral character violation of “introduction of contraband”.

SUBJECT AREA TO BE ADDRESSED: Updated “introduction of contraband” charge; training requirements to “Identifying and Investigating Human Trafficking Training”; and revised Law Enforcement Officer Firearms Qualification Standard, form CJSTC-86A.

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

LAW IMPLEMENTED: 943.12, 943.12(3), 943.13(7), (11), 943.135, 943.1395(3), (7), (8), 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: Tuesday, November 14, 2023 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.