Repeals Section 817.567, F.S., regarding “making false claims of academic degree or title,” from the list of misdemeanor or criminal offenses pursuant to new legislation effective 7/1/2011. Revises the oath on the Affidavit of Applicant form ...

 

DEPARTMENT OF LAW ENFORCEMENT
Criminal Justice Standards and Training Commission

RULE NOS.: RULE TITLES:

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-27.00213 Temporary Employment Authorization
11B-27.0022 Background Investigations
11B-27.013 Canine Team Certification
11B-27.014 Implementation of the Federal Law Enforcement Officers Safety Act of 2004
PURPOSE AND EFFECT: Repeals Section 817.567, F.S., regarding “making false claims of academic degree or title,” from the list of misdemeanor or criminal offenses pursuant to new legislation effective 7/1/2011.
Revises the oath on the Affidavit of Applicant form CJSTC-68 and the Authority for Release of Information form CJSTC-58, to comply with Section 117.05(13)(a), F.S.
Clarifies that a current background investigation shall be conducted not more than one year prior to the date of employment or appointment of an officer or civilian officer trainee.
Makes housekeeping revisions to the Registration of Employment Affidavit of Compliance form CJSTC-60 and revises the oath to comply with Section 117.05(13)(a), F.S.
Revises the Officer Certification Application form CJSTC-59 to clarify that the employing agency is required to certify a new-hire, who is eligible for certification, regardless if the new hire has been separated from employment, updates statutory references, and revises the oath on form CJSTC-59 to comply with Section 117.05(13)(a), F.S.
Revises the Employment Background Investigative Report form CJSTC-77 to update instructions.
Requires the employing agency to certify a new hire within 30 days of the applicant’s compliance with certification requirements and record the certification into the Commission’s automated system regardless if the applicant has been separated from employment or appointment, and clarifies that the officer shall be certified within four years of date the officer began basic recruit training.
Requires employing agencies to update an officer’s training and employment data in the Commission’s automated system prior to the separation of an officer’s employment or appointment.
Requires employing agencies to provide proof that an accredited college or university has accepted a high school diploma prior to entrance into a degree-seeking program.
Prohibits a previous employing agency from updating an officer’s training or employment record when the officer is employed by another agency.
Removes the word “certified” to acknowledge the mandatory firearms qualification required under subsection 11B-27.00212(14), F.A.C., because the mandatory firearms qualification may have occurred prior to a law enforcement officer becoming certified in proximity to their employment with a criminal justice agency.
Revises the Law Enforcement Officer Firearms Qualification Standard form CJSTC-86A and CMS Firearms Performance Evaluation form CJSTC-4 CMS to require use of a commercially produced B-21E or equivalent Pride Enterprises (PRIDE) target for demonstration of firearms proficiency skills.
Updates the effective dates and retirement dates of basic recruit training programs.
Requires that a current background investigation shall be conducted not more than one year prior to the date of employment or appointment, as an officer or civilian officer trainee, pursuant with paragraph 11B-27.002(1)(g), F.A.C., and requires a completed Employment Background Investigative Report form CJSTC-77. Form CJSTC-77 requires the mandatory checks of previous employment, FCIC Record, NCIC Record, Local Law Enforcement, Military History, Controlled Substances, and investigative findings.
Updates rule reference in paragraph 11B-27.013(8)(f), F.A.C.
Removes the duplicate reference for obtaining the Firearms Proficiency Verification Card, form CJSTC-600, because the information is included in paragraph 11B-27.014(4)(a), F.A.C.
Requires the use of a commercially produced B-21E or equivalent Pride Enterprises (PRIDE) target for demonstration of firearms proficiency skills.
Repeals vague rule language.
Clarifies that if a retiree loses their Commission-approved Firearms Proficiency Verification Card form
CJSTC-600 the retiree shall repeat the course of fire prior to issuance of a new card.
SUMMARY: Revises the following Criminal Justice Standards and Training Commission forms: Affidavit of Applicant form CJSTC-68, Authority for Release of Information form CJSTC-58, Employment Affidavit of Compliance form CJSTC-60, Officer Certification Application form CJSTC-59, Employment Background Investigative Report form CJSTC-77, Officer Firearms Qualification Standard form CJSTC-86A, and CMS Firearms Performance Evaluation form CJSTC-4 CMS. Repeals Section 817.567, F.S., regarding “making false claims of academic degree or title.” Clarifies current Background Investigation procedures for employment or appointment. Requires the employing agency to certify a new hire within 30 days of the applicant’s compliance with certification requirements. Requires agencies to update officer training and employment data prior to officer’s separation of employment or appointment. Requires an agency to obtain proof that a high school diploma has been accepted by an accredited college or university. Revises the policy requirements for updating officer records. Clarifies the mandatory firearms qualification policy. Updates basic recruit training program effective dates and retirement dates. Adds requirements for background investigations. Updates a rule reference. Removes duplicate rule language for obtaining Firearms Proficiency Verification Card form CJSTC-600. Requires specific firearms targets for firearms qualification. Repeals vague rule language. Clarifies the Commission’s policy for reissuing a lost Firearms Proficiency Verification Card form CJSTC-600.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The proposed rule is not expected to exceed any of the criteria set forth in Section 120.541(2)(a), F.S., and thus, a legislative ratification is not required under Section 120.541(3), F.S. This determination is based upon the nature of the subject matter of the proposed amendment. Other rules incorporating this rule: None. Effect on those other rules: None.
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.
RULEMAKING AUTHORITY: 943.03(4), 943.12(1), 943.133(3) FS.
LAW IMPLEMENTED: 943.12, 943.12(17), 943.12(3), 943.13, 943.13(3),(7),(11), 943.131, 943.132, 943.133, 943.135, 943.139, 943.1395, 943.1395(3),(7), 943.17(1)(a) 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 22, 2013, 1:00 p.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: Donna Hunt at 850-410-8615, or [e-mail], or write to Florida Department of Law Enforcement, Criminal Justice Professionalism Program, 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 IS: Donna Hunt at 850-410-8615, or [e-mail], or write to Florida Department of Law Enforcement, Criminal Justice Professionalism Program, 2331 Phillips Road, Tallahassee, Florida 32308
 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

11B-27.0011 Moral Character.

(1) through (3) No change.

(4) For the purposes of the Criminal Justice Standards and Training Commission’s implementation of any of the penalties specified in Section 943.1395(6) or (7), F.S., a certified officer’s failure to maintain good moral character required by Section 943.13(7), F.S., is defined as:

(a) No change.

(b) Except as otherwise provided in Section 943.13(4), F.S., a plea of guilty or a verdict of guilty after a criminal trial for any of the following misdemeanor or criminal offenses, notwithstanding any suspension of sentence or withholding of adjudication, or the perpetration by an officer of an act that would constitute any of the following misdemeanor or criminal offenses whether criminally prosecuted or not:

1. Sections 316.193, 327.35, 365.16(1)(c),(d), 414.39, 741.31, 784.011, 784.03, 784.047, 784.048, 784.05, 784.046(15), 790.01, 790.10, 790.15, 790.27, 794.027, 796.07, 800.02, 800.03, 806.101, 806.13, 810.08, 810.14, 810.145, 812.014, 812.015, 812.14, 817.235, 817.49, 817.563, 817.565, 817.567, 817.61, 817.64, 827.04, 828.12, 831.30, 831.31(1)(b), 832.05, 837.012, 837.05, 837.055, 837.06, 839.13, 839.20, 843.02, 843.03, 843.06, 843.085, 847.011, 856.021, 870.01, 893.13, 893.147, 901.36 914.22, 934.03, 944.35, 944.37, and 944.39, F.S.

2. through 3. No change.

(c) through (d) No change.

(5) through (7) No change.

Rulemaking 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, 3-21-07, 6-9-08, 4-16-09, 6-3-10, 5-21-12,_________.

 

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 (e) No change.

(f) An Affidavit of Applicant, form CJSTC-68, revised December 16, 2010 November 8, 2007, 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. Form CJSTC-68 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/Content/CJST/Publications/Professionalism-Program-Forms.aspx, or by contacting Commission staff at [phone].

(g) Evidence that a thorough background investigation was conducted not more than one year prior to the date of employment or appointment as an officer or civilian officer trainee, pursuant to Rule 11B-27.0022, F.A.C. A thorough background investigation shall be conducted in conjunction with an officer’s employment or appointment, regardless of existing evidence that a thorough background investigation of the officer was conducted for a previous employment or appointment.

(h) No change.

(2) The employing agency administrator 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 on file a Registration of Employment Affidavit of Compliance, form CJSTC-60, revised December 16, 2010 November 8, 2007, hereby incorporated by reference, attesting to compliance by the employing agency with the following requirements. Form CJSTC-60 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/Content/CJST/Publications/Professionalism-Program-Forms.aspx, or by contacting Commission staff at [phone].:

(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 December 16, 2010 November 8, 2007, hereby incorporated by reference, within 30 days of the applicant’s compliance with the certification requirements, notwithstanding whether the applicant is separated from employment. Upon receipt of an Officer Certification Application Deficiency Notification, form CJSTC-259, revised November 8, 2007, hereby incorporated by reference, the employing agency shall maintain on file, a copy of form CJSTC-59 and any other employment documentation. Forms CJSTC-59 and CJSTC-259 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/Content/CJST/Publications/Professionalism-Program-Forms.aspx, or by contacting Commission staff at [phone]. 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 prior to meeting the requirements of Sections 943.13, F.S., except as authorized pursuant to Section and 943.131, F.S.

(b) No change.

(3) Employment requirements pursuant to Sections 943.13, F.S., shall be documented on an Agency New Hire Report, form CJSTC-207, revised November 8, 2007, hereby incorporated by reference. Form CJSTC-207 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/Content/CJST/Publications/Professionalism-Program-Forms.aspx, or by contacting Commission staff at [phone].

(a) The files of newly hired officers are subject to an on-site inspection by Commission staff to ensure compliance with the requirements of Chapter 943, F.S., and Rule Chapter 11B-27, F.A.C. All documents collected in conjunction with the background investigation shall be available for review. The following documents shall be reviewed for completeness:

1. No change.

2. An Employment Background Investigative Report, form CJSTC-77, revised December 16, 2010 August 6, 2009, hereby incorporated by reference. Form CJSTC-77 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/Content/CJST/Publications/Professionalism-Program-Forms.aspx, or by contacting Commission staff at [phone].

3. through 15. No change.

(b) No change.

(4)(a) 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, and certification 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:

(b) An individual who has not complied with the requirements in paragraph (4)(a) of this rule section for the discipline in which the training was completed, within four years of the date of beginning such training, shall as a condition for obtaining employment comply with the following:

1.(a) 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

2.(b) Achieve a passing score on the State Officer Certification Examination.

(5) Officer Separation from Employment or Appointment. An Affidavit of Separation form CJSTC-61, shall be completed by the employing agency and immediately transmitted via the Commission’s ATMS or submitted to Commission staff. If the officer has met the requirements for certification, mandatory training, or firearms qualification at the time of separation the agency shall update the Commission’s ATMS prior to separation.

(6) No change.

Rulemaking 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, 3-21-07, 6-9-08, 6-3-10, 5-21-12,__________.

 

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. Criteria for proof of compliance and authenticity of the diploma includes:

(a) through (d) No change.

(e) Proof that the diploma has been accepted by an accredited college or university, as defined in Section 943.22(1), F.S., for entrance into a degree seeking program.

(f)(e) For individuals who have completed an education program in a foreign jurisdiction, documentation that the diploma or official school transcript, indicating the date of graduation or completion, is equivalent to the requirements for a U.S. High School Diploma or equivalency diploma. Documents shall be transcribed by a certified translator and notarized as true and correct.

(3) No change.

Rulemaking 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, 3-21-07, 6-9-08,________.

 

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, and maintain in file a completed Mandatory Retraining Report, form CJSTC-74, revised August 7, 2008, hereby incorporated by reference. Form CJSTC-74 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/Content/CJST/Publications/Professionalism-Program-Forms.aspx, or by contacting Commission staff at [phone]. Criminal justice agencies shall not update an officer’s mandatory training unless an officer is employed by the agency or has met the requirement for employment pursuant to subsection 11B-27.002(1), F.A.C.

(5) through (13) No change.

(14) 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 December 16, 2010 January 29, 2009, hereby incorporated by reference, and maintained in the officer’s employment file. Form CJSTC-86A can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/Content/CJST/Publications/Professionalism-Program-Forms.aspx, or by contacting Commission staff at [phone].

(a) A certified law enforcement officer who fails to demonstrate proficiency skills on the required firearms qualification standard shall not perform the duties of a sworn officer.

(b) No change.

(c) In the event a certified law enforcement officer fails to meet this standard by June 30 of each reporting year, the officer’s certificate shall become inactive until the employing agency provides documentation to Commission staff establishing that the firearms qualification standard has been satisfied. Active officers who were separated from employment or appointment for not satisfying the firearms qualification standard, and do not meet the standard within six months of separation from employment or appointment, shall comply with the certification or reactivation of certification requirement(s) of subsection 11B-27.002(1), F.A.C., prior to reemployment.

(d) No change.

(e) In the event a certified law enforcement officer is injured in the line of duty or has a chronic illness and fails to meet this standard by June 30 of a reporting year, the agency administrator or designee shall complete the Injury or Illness Exemption for the Firearms Law Enforcement Officer Qualification Standard form CJSTC-86B, created January 29, 2009, hereby incorporated by reference and revised December 16, 2010, (effective 5/2012). Form CJSTC-86B can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/
Content/CJST/Publications/Professionalism-Program-Forms.aspx, or by contacting Commission staff at [phone]. The agency shall submit form CJSTC-86B and the supporting medical documentation to Commission staff prior to the June 30 deadline to ensure the officer’s certificate does not become inactive on the reporting deadline for that two-year reporting cycle. An additional form CJSTC-86B shall be submitted for each subsequent reporting cycle.

(15) Elder Abuse Training. As a part of basic recruit training or the officer’s continuing education or training, a law enforcement officer shall be required to complete training on identifying and investigating elder abuse and neglect.

(a) through (b) No change.

(c) Law enforcement officers who have successfully completed one of the following programs will have satisfied this training requirement:

1. CMS Application-Based Law Enforcement Basic Recruit Training Program (BRTP) number 224 (Retired 3/31/08).

2. Florida CMS Law Enforcement BRTP number 1177 (Effective 4/1/08).

3. Traditional Correctional Cross-Over to CMS Application-Based Law Enforcement BRTP number 1143 (Retired 3/31/08).

4. Correctional Officer Cross-Over Training to Florida CMS Law Enforcement BRTP number 1178 (Retired 6/30/12). Correctional Officer Cross-Over Training to Florida CMS Law Enforcement BRTP number 1191 (Effective 7/1/12).

5. Traditional Correctional Probation Cross-Over to CMS Application-Based Law Enforcement BRTP number 1157 (Retired 3/31/08).

6. Correctional Probation Officer Cross-Over Training to Florida CMS Law Enforcement BRTP number 1179 (Effective 7/1/12).

7. CMS Law Enforcement Auxiliary Officer BRTP number 1180 (Effective 4/1/08).

8. Crimes Against the Elderly advanced training course number 100 (Effective 4/1/06).

9. Elder Abuse Training for Law Enforcement course by the Department of Elder Affairs (Effective 10/30/08).

10. No change.

(d) through (e) No change.

Rulemaking 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, 3-21-07, 6-9-08, 4-16-09, 9-28-09, 6-3-10, 5-21-12,_________.

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

 

11B-27.00213 Temporary Employment Authorization. A Certificate of Compliance shall not be issued to officers employed on a Temporary Employment Authorization (TEA) prior to meeting the requirements of Sections 943.13(1)-(10), F.S.

(1) No change.

(2) An officer employed on a TEA, shall be excused from the firearms training requirement upon placement of a statement in the officer’s file at the employing agency. The statement shall be signed by the agency administrator confirming that the TEA-appointed officer shall not be permitted to carry a firearm until the following classroom training requirements have been fulfilled:

(a) No change.

(b) Firearms Range Training. The trainee’s proficiency demonstration shall be documented on a CMS Firearms Performance Evaluation, form CJSTC-4 CMS, revised December 16, 2010 August 6, 2009, hereby incorporated by reference, and maintained in the trainee’s file at the employing agency. Form CJSTC-4 CMS can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/Content/CJST/Publications/Professionalism-Program-Forms.aspx, or by contacting Commission staff at [phone]. The instructor shall qualify the trainee with a handgun (revolver or semi-automatic pistol) and long gun (shotgun or semiautomatic rifle/carbine) using the Commission’s Basic Recruit Training Firearms Course of Fire, pursuant to form CJSTC-4 CMS, and the form shall be maintained in the trainee’s file at the employing agency. Trainees shall fire a long gun as prescribed in the Commission-approved Basic Recruit Training Program.

(3) through (5) No change.

Rulemaking Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12(3), 943.13, 943.131, 943.133, 943.139, 943.1395, 943.17(1)(a) FS. History–New, 11-5-02. Amended 11-30-04, 3-27-06, 6-9-08, 9-28-09, 6-3-10,_________.

 

11B-27.0022 Background Investigations.

(1) Pursuant to Section 943.133, F.S., and Rule 11B-27.0011, F.A.C., the employing agency shall conduct a thorough background investigation of each applicant. Evidence that a complete background investigation was conducted, pursuant to the requirements on the Employment Background Investigative Report form CJSTC-77, not more than one year prior to the date of employment or appointment as an officer or civilian officer trainee, pursuant to Rule 11B-27.0022, F.A.C. A complete background investigation shall be conducted in conjunction with an officer’s employment or appointment, regardless of existing evidence that a thorough background investigation of the officer was conducted for a previous employment or appointment. The agency shall maintain in the applicant’s file at the employing agency a summary of the background investigation findings, signed and dated by the investigator and the agency administrator or designee. The summary shall verify the following information:

(a) through (d) No change.

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

(a) 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 December 16, 2010 August 6, 2009, pursuant to Sections 943.134(2) and (4), F.S., hereby incorporated by reference. Form CJSTC-58 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/
Content/CJST/Publications/Professionalism-Program-Forms.aspx, or by contacting Commission staff at [phone].

(b) through (d) No change.

(3) The employing agency shall submit or electronically transmit to Commission staff through the Commission’s ATMS, a Registration of Employment Affidavit of Compliance form CJSTC-60. The agency shall also submit to Commission staff a completed Employment Background Investigative Report form CJSTC-77, for each officer employed or appointed. The original form CJSTC-77 that has been signed and dated by the investigator and the agency administrator or designee shall be retained in the applicant’s file.

Rulemaking 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, 3-21-07, 6-9-08, 6-3-10,_________.

 

11B-27.013 Canine Team Certification.

(1) through (7) No change.

(8) Canine Team Evaluators. Prior to being approved by the Commission as a canine team evaluator, the evaluator shall provide documentation verifying that the evaluator applicant has complied with the following requirements:

(a) through (e) No change.

(f) Maintenance of evaluator status. Commission-approved evaluators shall be required to submit a request for continuance as an evaluator, to the address in paragraph (8)(d) of this rule section within four years of the date of approval, with documentation that verifies the evaluator has completed a minimum of four canine team examinations within the four-year period. The verifying documentation shall be copies of form CJSTC-70 attesting that the examination of proficiency was administered by the evaluator. If the Commission-approved evaluator’s “approval status” expires, the evaluator shall comply with the requirements in this rule section. An evaluator’s “approval status” that is approved prior to November 5, 2002, shall expire on November 5, 2006, unless the requirements of paragraphs (8)(a)–(d) of this rule section are met. An evaluator’s “approval status” shall expire four years following the date approved by the Commission.

Rulemaking 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, 3-21-07, 6-9-08, 9-28-09, 6-3-10,_________.

 

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

(1) No change.

(2) Requirements for administering the course of fire are as follows:

(a) No change.

(b) The range master shall issue a Commission-approved Firearms Proficiency Verification Card, form CJSTC-600, created on July 9, 2007, hereby incorporated by reference, to each retiree who successfully completes the course of fire as required on form CJSTC-86A. Form CJSTC-600 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/Content/CJST/Publications/Professionalism-Program-Forms.aspx, or by contacting Commission staff at [phone].

(c) The range master shall maintain the following documentation that is related to the completion of the course of fire for each retiree who successfully completes the course, and the retained documentation shall be subject to audit during regular business hours upon a two-day written notice by Commission staff:

1. through 2. No change.

3. The Course of Fire Proficiency Score. A passing score is a minimum score of 80%, which is 32 of 40 rounds in the scoring area using a commercially produced B-21E target or equivalent Pride Enterprises (P.R.I.D.E.) target. The scoring shall be any hit that is inside or touches the exterior scoring line of the four and five zone of the B-21E target. The B-21E target is commercially available through retailers.

4. through 7. No change.

(3) Firing Range Requirements.

(a) The course of fire shall is authorized to be conducted on any public or private range that meets the shooting distance requirements on form CJSTC-86A.

(b) through (c) No change.

(4) Issuance and Maintenance of form CJSTC-600.

(a) A request for form CJSTC-600 shall be made in writing to the Florida Department of Law Enforcement, Criminal Justice Professionalism Program, Post Office Box 1489, Tallahassee, Florida 32302, Attention: Officer Records Section.

1. through 2. No change.

3. If a retiree loses form CJSTC-600, a replacement card shall not be reissued. The retiree shall be required to complete the course of fire, again, and be issued prior to issuing a new CJSTC-600 form.

(b) through (c) No change.

(5) through (6) No change.

Rulemaking Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12, 943.132 FS. History–New 3-3-08, Amended 6-3-10,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Donna Hunt

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 11, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 20, 2012

 

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