11B-27.0011: To update the Department’s web address. 11B-27.002: To make housekeeping revisions. To make housekeeping revisions to the Physician’s Assessment form CJSTC-75 and Affidavit of Applicant form CJSTC-68. To clarify the conditions for ...

 

DEPARTMENT OF LAW ENFORCEMENT
Criminal Justice Standards and Training Commission

RULE NO: RULE TITLE
11B-27.0011: Moral Character
11B-27.002: Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers
11B-27.0021: High School Graduation or Equivalent
11B-27.00212: Maintenance of Officer Certification
11B-27.0022: Background Investigations
11B-27.005: Revocation or Disciplinary Actions; Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances
PURPOSE AND EFFECT: Rule 11B-27.0011, F.A.C.: To update the Department’s web address. Rule 11B-27.002, F.A.C.: To make housekeeping revisions. To make housekeeping revisions to the Physician’s Assessment form CJSTC-75 and Affidavit of Applicant form CJSTC-68. To clarify the conditions for obtaining employment or appointment when an officer has not completed training within the specified time frame. Rule 11B-27.0021, F.A.C.: To change requirement for a “standard high school diploma” to a “high school diploma.” To clarify existing rule language regarding accrediting organizations and diplomas issued by private schools. To clarify that a transcript verification shall be verified by an institution accredited by an accrediting body. Rule 11B-27.00212, F.A.C.: To revise the Mandatory Retraining Report form CJSTC-74 by removing the hourly requirement for human diversity training. To remove Weapons of Mass Destruction training as part of an officer’s mandatory retraining requirement. To substantially rewrite the Law Enforcement Officer Firearms Qualification Standard form CJSTC-86A. To make technical changes and rule reference updates to the Mandatory Firearms Training Report form CJSTC-86. Rule 11B-27.0022, F.A.C.: To revise the Authority for Release of Information form CJSTC-58 to reflect statutory changes. Rule 11B-27.005, F.A.C.: To clarify rule language concerning conduct that subverts or attempts to subvert the State Officer Certification Examination process. Rule 11B-27.013: To make housekeeping revisions to the Patrol Duty Canine Team Proficiency Examination and Equivalency form CJSTC-83.

SUMMARY: Rule 11B-27.0011, F.A.C.: The Department’s web address. Rule 11B-27.002, F.A.C.: Housekeeping revisions to rules and forms and compliance with Commission rules regarding employment as an officer within four years of completing the required training and tests. Rule 11B-27.0021, F.A.C.: Proof of compliance and authenticity of a high school diploma. Diplomas’ issued by a private school. Transcript verification. The Department’s web address. Rule 11B-27.00212, F.A.C.: Human diversity training, weapons of mass destruction training, and firearms qualification standards. Rule 11B-27.0022, F.A.C.: Authority for Release of Information for former “or current” employees. Rule 11B-27.005, F.A.C.: Conduct that subverts or attempts to subvert the State Officer Certification Examination process. Rule 11B-27.013, F.A.C.: Housekeeping revisions to the Patrol Duty Canine Team Proficiency Examination and Equivalency.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: No Statement of Estimated Regulatory Cost was prepared.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

SPECIFIC AUTHORITY: 943.03(4), 943.12(1), 943.133(3) FS.
LAW IMPLEMENTED: 943.12, 943.12(3), 943.12(17), 943.13, 943.13(3), 943.13(7), 943.13(11), 943.133, 943.135, 943.139, 943.1395, 943.1395(3), 943.1395(7), 943.1395(8), 943.1701, 943.1715, 943.1716, 943.253 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: January 10, 2007, 10:00 a.m.

PLACE: 2331 Phillips Road, Elevator Conference Room, Quad C, 3rd Floor, 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: Donna Hunt at [phone] 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 RULES IS: Donna Hunt, Florida Department of Law Enforcement, Criminal Justice Professionalism Program, 2331 Phillips Road, Tallahassee, Florida 32308, [phone]

 

THE FULL TEXT OF THE PROPOSED RULES IS:

11B-27.0011 Moral Character.

(1) through (7) No change.

(8) Forms referenced in this rule chapter may be obtained on the following web site: http://www.fdle.state.fl. us/cjst/rules_and_forms/index.html or by contacting the Florida Department of Law Enforcement, Criminal Justice Professionalism Program, Post Office Box 1489, Tallahassee, Florida 32302-1489, Attention: Bureau of Standards Forms Liaison.

Specific Authority 943.03(4), 943.12(1) FS. Law Implemented 943.13(7), 943.1395(7) FS. History–New 1-7-85, Formerly 11B-27.011, Amended 7-13-87, 10-25-88, 12-13-92, 9-5-93, 1-19-94, 8-7-94, 11-5-95, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 4-11-04, 11-30-04, 3-27-06,________.

 

11B-27.002 Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers.

(1) Certification or Reactivation of Certification. Prior to submitting an application for certification or reactivation of certification for a law enforcement, correctional, or correctional probation officer, the employing agency shall collect and verify documents establishing that an applicant has complied with the requirements of Section 943.13, F.S. Verified documents shall be maintained in the officer’s training file at the employing agency. The following documents are required for verification of an applicant’s compliance with this rule section:

(a) through (c) No change.

(d) A Physician’s Assessment, form CJSTC-75, revised August 3, 2006 May 6, 2004, hereby incorporated by reference, or an equivalent form signed by a physician, certified advanced registered nurse practitioner, or physician assistant licensed in the United States or its territories, verifying the applicant’s fitness to perform the duties of an officer pursuant to Section 943.13(6), F.S. A copy of the officer’s position description shall be reviewed by the physician to ensure that the applicant can meet the physical standards required of the position. A Patient Information, form CJSTC-75A, revised May 6, 2004, hereby incorporated by reference, may also be provided to the examining physician, certified advanced registered nurse practitioner, or physician assistant for reference. The completed and signed CJSTC-75 form or equivalent, shall be completed with each new employment or appointment of an officer, and shall not be completed more than one year prior to an officer’s employment or appointment. A CJSTC-75 form prepared for a specific employing agency shall not be used by any other employing agency.

(e) No change.

(f) An Affidavit of Applicant, form CJSTC-68, revised August 3, 2006 May 6, 2004, hereby incorporated by reference, executed by the applicant attesting that the applicant complies with the employment or appointment qualifications pursuant to Sections 943.13(1)-(10), F.S.

(g) through (h) No change.

(2) The employing agency head is required, within 30 days of hire, to submit to Commission staff or electronically transmit through the Commission’s Automated Training Management System (ATMS), and maintain in file a Registration of Employment Affidavit of Compliance, form CJSTC-60, revised February 7, 2002, hereby incorporated by reference, attesting to compliance by the employing agency with the following requirements:

(a) For law enforcement, correctional, and correctional probation officer applicants who have not been previously certified and who have complied with the certification requirements pursuant to Section 943.13(1)-(10), F.S., the employing agency shall certify to the Commission that the applicant is eligible for certification by submitting to Commission staff or electronically transmitting through the Commission’s Automated Training Management System (ATMS), a completed Officer Certification Application, form CJSTC-59, revised February 7, 2002, hereby incorporated by reference, within 30 days of the applicant’s compliance with the certification requirements. Upon receipt of an Officer Certification Application Deficiency Notification, form CJSTC-259, revised May 5, 2005, the employing agency shall maintain on file, a copy of form CJSTC-59 and any other employment documentation. The employing agency shall submit a copy of form CJSTC-259 and the missing or deficient documentation to Commission staff within 90 days of the date the form was signed and issued to the agency. Failure by the employing agency to submit missing or deficient documentation within the required 90 days may result in denial of an applicant’s request for certification. An officer applicant shall not work as a sworn officer in a sworn capacity prior to meeting the requirements of Sections 943.13 and 943.131, F.S.

(b) No change.

(3) No change.

(4) Within four years of the beginning date of a Commission-approved Basic Recruit Training Program, an individual shall successfully complete the program, achieve a passing score on the applicable State Officer Certification Examination, and gain employment as an officer. An individual who is not employed as an officer in the discipline for which training was completed, within four years of the date of beginning such training, shall, as a condition for obtaining employment or appointment, comply with the following requirements:

(a) Successfully As a condition of employment or appointment after July 1, 1993, successfully complete a Commission-approved Basic Recruit Training Program pursuant to Rule 11B-35.002, F.A.C., or qualify for an exemption from a Commission-approved Basic Recruit Training Program, pursuant to Section 943.131(2), F.S., to include demonstration of proficiency in the High-Liability Basic Recruit Training Courses pursuant to Rule 11B-35.0024, F.A.C.; and

(b) No change.

(5) through (6) No change.

Specific Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12(3), 943.13, 943.133, 943.139, 943.1395 FS. History–New 10-6-82, Amended 4-26-84, 1-7-85, Formerly 11B-27.02, Amended 9-3-87, 3-29-89, 5-14-92, 12-13-92, 9-5-93, 1-19-94, 1-2-97, 7-7-99, 8-22-00, 7-29-01, 11-5-02, 11-30-04, 3-27-06,________.

 

11B-27.0021 High School Graduation or Equivalent.

(1) No change.

(2) Compliance with this rule section shall be documented by the employing agency and made available to Commission staff for review. Proof of compliance and authenticity of the diploma may include:

(a) A standard high school diploma or high school equivalency diploma issued by a public school education program.

(b) A diploma issued by a private school that is accredited by an accrediting organization recognized by the U.S. Department of Education or the Council on Higher Education Accreditation.

(c) through (f) No change.

(3) In the absence of proof of successful high school graduation, the following shall be acceptable as meeting the minimum educational requirements:

(a) Transcript verification of successful completion of one of the following educational requirements from an institution accredited by an accrediting body Institutional Accrediting Body recognized by the United States Department of Education (http://www.aju.edu/usdoe_accreditation.htm) or licensed as a degree granting institution by the Commission for Independent Education, pursuant to Section 1005.02(7), F.S., (http://www.firn.edu/doe/cie/institutions.htm), shall be acceptable as meeting the educational requirements of this rule section:

(b) No change.

Specific Authority 943.03(4), 943.12(1) FS. Law Implemented 943.13(3) FS. History–New 10-6-82, Amended 1-7-85, Formerly 11B-27.021, Amended 7-7-99, 7-29-01, 11-5-02, 11-30-04,________.

 

11B-27.00212 Maintenance of Officer Certification.

(1) through (3) No change.

(4) Continuing education or training pursuant to Section 943.135, F.S. Upon an officer’s completion of the required continuing education or training the employing agency shall submit or electronically transmit to Commission staff through the Commission’s ATMS, a completed Mandatory Retraining Report, form CJSTC-74, revised August 3, 2006 May 5, 2005, hereby incorporated by reference.

(5) through (12) No change.

(13) Weapons of Mass Destruction (WMD) and Basic Incident Command System (ICS) continuing training. Certified law enforcement officers shall successfully complete WMD and Basic ICS training on or before June 30, 2008.

(a) Certified law enforcement officers who have completed WMD and Basic ICS training, prior to December 3, 2003, shall have satisfied the mandatory WMD and Basic ICS training requirements.

1. Certified law enforcement officers who have completed WMD training shall be required to complete only Basic ICS training on or before June 30, 2008.

2. Certified law enforcement officers who have completed Basic ICS training shall be required to complete only WMD training on or before June 30, 2008.

(b) Certified law enforcement officers who complete the Prepare Florida Basic WMD and Basic ICS Course shall have satisfied the mandatory training requirements. This course contains separate modules that can be used separately to satisfy WMD and Basic ICS training.

1. The following “learning competency requirements” satisfy Weapons of Mass Destruction training:

a. Understanding and recognizing terrorism.

b. Weapons of Mass Destruction and the methods of dissemination.

c. Incident scene security.

d. Self-protection.

e. Personal protective equipment (PPE).

f. Decontamination.

2. The following “learning competency requirements” satisfy Basic ICS training:

a. Incident Command System and Unified Command training.

b. Field operations and tactical considerations.

(a) Courses that satisfy the “learning competency requirements” for Basic ICS training include:

1. Incident Command System course number IS-195

2. Federal Emergency Management Institute.

3. National Incident Management System Incident Command (NIMS).

4. Hospital Incident Command System (HICS).

(d) Emergency Response to Terrorism by the U.S. Department of Justice satisfies WMD training only.

(e) Law enforcement officers who have successfully completed a CMS Application-Based Law Enforcement Basic Recruit Training Program have satisfied both WMD and Basic ICS training requirements.

(f) The CMS Application-Based Law Enforcement Basic Recruit Training Program satisfies both WMD and Basic ICS training requirements.

(g) If an officer fails to meet the required WMD and Basic ICS training, his or her certification shall become inactive until such time the employing agency submits to Commission staff, through the Commission’s ATMS, a completed Mandatory Retraining Report form CJSTC-74.

(13)(14) Use-of-Force training. An officer, whose mandatory retraining cycle begins on July 1, 2005 or thereafter, shall, as a part of the officer’s 40-hour continuing education or training every four years, be required to complete the following Use-of-Force training.

(a) No change.

(b) A law enforcement and correctional officer shall complete, once every two years, Use-of-Force training pursuant to subparagraphs (13)(14)(a)1.-5., of this rule section.

(c) A correctional probation officer shall complete, once every two years, Use-of-Force training pursuant to subparagraphs (13)(14)(a)2.-5., of this rule section.

(d) through (f) No change.

(g) An officer, who fails to comply with the Use-of-Force training requirements, pursuant to paragraphs (13)(14)(a)-(f) of this rule section, shall become an inactive Florida officer. The officer’s certification shall become reactivated when the officer’s employing agency electronically transmits a completed form CJSTC-74, to Commission staff, verifying the officer has met the continuing education or training requirements for the officer’s four-year mandatory retraining cycle.

(h) No change.

(14)(15) Law Enforcement Officer Firearms Qualification Standard. Beginning July 1, 2006, a law enforcement officer shall be required to qualify on the Commission’s approved course of fire with the proficiency skills documented on the Law Enforcement Officer Firearms Qualification Standard form, CJSTC-86A, revised August 3, 2006 created August 4, 2005, hereby incorporated by reference, and maintained in the officer’s employment file.

(h) No change.

(14)(15) Law Enforcement Officer Firearms Qualification Standard. Beginning July 1, 2006, a law enforcement officer shall be required to qualify on the Commission’s approved course of fire with the proficiency skills documented on the Law Enforcement Officer Firearms Qualification Standard form, CJSTC-86A, revised August 3, 2006 created August 4, 2005, hereby incorporated by reference, and maintained in the officer’s employment file.

(a) No change.

(b) Reporting of the compliance with this standard shall be June 30, 2008, and every two years thereafter. Documentation supporting the demonstration of proficiency skills shall be reported on the Mandatory Firearms Training Report, Form CJSTC-86, revised August 3, 2006 created August 4, 2005, hereby incorporated by reference, and maintained in the officer’s employment file. The employing agency shall submit or electronically transmit to Commission staff through the Commission’s ATMS, a completed form CJSTC-86.

(c) through (d) No change.

Specific Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12, 943.13(11), 943.135, 943.1395(3), 943.1701, 943.1715, 943.1716, 943.253 FS. History–New 11-5-02, Amended 12-3-03, 11-30-04, 3-27-06,________.

 

Editorial Note: See 11B-27.0023, F.A.C.

11B-27.0022 Background Investigations.

(1) No change.

(2) The employing agency shall, at a minimum, use the following background investigation procedures:

(a) No change.

(b) Obtain previous employment data from prior employers. Criminal justice agencies conducting background investigations have the option of using the Authority for Release of Information, form CJSTC-58, revised August 3, 2006 May 5, 2005, pursuant to Sections 943.134(2) and (4), F.S., hereby incorporated by reference.

(c) through (e) No change.

(3) No change.

Specific Authority 943.03(4) 943.12(1), 943.133(3) FS. Law Implemented 943.133, 943.139 FS. History–New 10-6-82, Amended 1-7-85, Formerly 11B-27.022, Amended 7-13-87, 10-17-90, 5-13-92, 5-14-92, 12-13-92, 9-5-93, 8-7-94, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 11-30-04, 3-27-06,________.

 

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

(1) through (4) No change.

(5) When the Commission finds that a certified officer has committed an act that violates Section 943.13(7), F.S., the Commission shall issue a final order imposing penalties within the ranges recommended in the following disciplinary guidelines:

(a) through (b) No change.

(c) For the perpetration by the officer of an act or conduct, as described in paragraph 11B-27.0011(4)(c), F.A.C., if such act or conduct does not constitute a crime described in paragraphs (5)(a)-(b) of this rule section, the action of the Commission shall be to impose the following penalties, absent aggravating or mitigating circumstances:

1. through 7. No change.

 

8.

Conduct that subverts or attempts to subvert the State Officer Certification Examination process pursuant to subsection 11B-30.009(1) F.A.C., Subverting the State Officer Certification Examination Process

Revocation

 

9. through 12. No change.

(d) No change.

(6) through (10) No change.

Specific Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12(3), 943.1395(8) FS. History–New 10-6-82, Amended 1-7-85, Formerly 11B-27.05, Amended 3-29-89, 12-13-92, 2-17-93, 1-19-94, 8-7-94, 11-5-95, 1-2-97, 7-7-99, 8-22-00, 7-29-01, 11-5-02, 4-11-04, 11-30-04, 3-27-06,________.

 

11B-27.013 Canine Team Certification.

(1) through (2) No change.

(3) Required documentation for certification of a patrol canine team. Documentation of compliance for Commission certification of patrol canine teams shall include:

(a) through (b) No change.

(c) Documentation of successful completion of the Patrol Canine Team Proficiency Examination administered by two Commission-approved canine team evaluators, one of whom is not affiliated with the Commission-certified training school or the agency conducting the training, and one of whom is not affiliated with the agency employing the canine team. A Commission-approved canine team evaluator shall not administer a proficiency examination to a canine assigned to them as a work partner. The proficiency examination shall be documented on the Patrol Duty Canine Team Proficiency Examination and Equivalency, form CJSTC-83, revised August 3, 2006 May 5, 2005, hereby incorporated by reference.

(4) through (8) No change.

Specific Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12(17) FS. History–New 3-29-89, Amended 12-13-92, 1-2-97, 7-7-99, 8-22-00, 7-29-01, 11-5-02, 11-30-04, 3-27-06,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Donna Hunt, [phone]

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Vickie Marsey, [phone]

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 30, 2006

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 20, 2006