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Incorporates the revised Law Enforcement Officer Firearms Qualification Standard, form CJSTC-86A, which combines the repealed Mandatory Firearms Training Report, form CJSTC-86, into the form to document compliance with the firearms standard.

Paragraph 11B-27.00212(14)(b), F.A.C.: Combines the repealed Mandatory Firearms Training Report, form CJSTC-86, into the revised Law Enforcement Officer Firearms Qualification Standard, form CJSTC-86A, to document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

SUMMARY: 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.

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 Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes.

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(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 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: Thursday, March 5, 2020, 10:00 a.m.

PLACE: Florida Department of Law Enforcement, Criminal Justice Professionalism, 2331 Phillips Road, Tallahassee, Florida 32308.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE 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 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, an adjudication of guilt, 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, 316.1939, 327.35, 365.16(1)(c),(d), 414.39, 499.03, 741.31, 784.011, 784.03, 784.047, 784.048, 784.05, 784.049(3)(a), 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, 812.014, 812.015, 812.14, 817.235, 817.49, 817.563, 817.565, 817.61, 817.64, 827.04, 828.12, 831.30, 831.31(1)(b), 832.05, 836.12(2), 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, 934.425, 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, 3-13-13, 5-29-14, 7-29-15, 9-4-16, 8-15-18, ________.

 

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 __________, effective _____ August 10, 2017, effective 8/2018, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-_____ https://www.flrules.org/Gateway/reference.asp?No=Ref-09672, 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/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at [phone].

(g) through (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 (effective 3/2013), hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-02235, 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/CJSTC/Publications/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 Sections 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 ___________, effective _________ December 16, 2010 (effective 3/2013), hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-_____ https://www.flrules.org/Gateway/reference.asp?No=Ref-02234, 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 ___________, effective _________ November 8, 2007, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-_____, 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/CJSTC/Publications/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 Section 943.13, F.S., except as authorized pursuant to Section 943.131, F.S.

(b) No change.

(3) through (4) No change.

(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. The certification of an officer shall become inactive upon separation from employment or appointment and will remain inactive until such time as the officer is employed or appointed by a criminal justice employing agency, provided the officer remains eligible for employment or appointment.

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, 3-13-13, 5-29-14, 7-29-15, 9-4-16, 9-14-17, 8-15-18, 7-9-19, __________.

 

11B-27.00212 Maintenance of Officer Certification.

(1) 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 _________, effective ______ revised December 16, 2010, (effective 3/2013), hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-________, 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/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at [phone]. 

(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 Law Enforcement Officer Firearms Qualification Standard, form CJSTC-86A, Mandatory Firearms Training Report, form CJSTC-86, revised November 8, 2007, hereby incorporated by reference, and maintained in the officer’s file.  Form CJSTC-86A CJSTC-86 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at [phone]. The employing agency shall submit or electronically transmit to Commission staff through the Commission’s ATMS, the date of completion. 

(c) through (e) No change.

(15) No change.

(16) Identifying and Investigating Human Trafficking Training. As a part of an officer's continuing education or training, a law enforcement officer shall be required to complete four (4) hours of training on identifying and investigating human trafficking.

(a) All law enforcement officers who were certified on or before July 1, 2021, shall complete the Commission-approved four (4) hour course developed pursuant to s. 943.17297, F.S., on or before July 1, 2022 pursuant to s. 943.17297, F.S.  The course is published pursuant to Rule 11B-35.001(8), F.A.C.

(b) All law enforcement officers who were certified on or after July 1, 2021, shall complete the Commission-approved four (4) hour course developed pursuant to s. 943.17297, F.S., within one (1) year after beginning employment pursuant to s. 943.17297, F.S.  The course is published pursuant to Rule 11B-35.001(8), F.A.C.

(c) Law enforcement who completes any Commission-approved course, which is developed in compliance with s. 943.17297, F.S., shall have satisfied this training requirement.

(d) The certification of an officer who fails to comply with the requirements pursuant to Section 943.17297. F.S., shall become inactive and shall remain inactive until the officer completes the required training and the officer’s employing agency provides Commission staff with verification that the officer has completed the required training.

(e) Upon an officer's completion of the required training, the employing agency shall submit, or electronically transmit to Commission staff through the Commission's ATMS, the date of completion.

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, 3-13-13, 9-4-16, 8-15-18, ______. Editorial Note:  See 11B-27.0023, F.A.C.

 

11B-27.0022 Background Investigations.

(1) through (3) No change.

(4) If an officer is separated from an agency and is subsequently reemployed or reappointed through a grievance process, regardless of the conditions set by a hearing officer or by an agreement between the agency and the officer, the employing agency shall, at a minimum, use the following background investigation procedures prior to reemploying or reappointing the officer:

(a) Conduct a fingerprint background check, pursuant to the procedures in Rule 11B-27.00211, F.A.C.

(b) Have the officer tested for controlled substance use, pursuant to Rule 11B-27.00225, F.A.C.

(c) Verify the officer complies with maintenance of officer certification requirements, pursuant to Rule 11B-27.00212, F.A.C.

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, 3-13-13, ________.

 

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) For the perpetration by the officer of an act that would constitute any felony offense, pursuant to paragraph

11B-27.0011(4)(a), F.A.C., but where there was not a violation of Section 943.13(4), F.S., the action of the Commission shall be to impose a penalty ranging from suspension of certification to revocation.  Specific violations and penalties that shall be imposed, absent mitigating circumstances, include the following:

1. through 2. No change.

 

	Violation	Recommended Penalty Range
3.	Grand theft (Section 812.014, F.S.)	Revocation
3. 4.	Possession, sale of controlled substance (Section 893.13, F.S.)	Revocation
4. 5.	Tampering with evidence (Section 918.13, F.S.)	Revocation
5. 6.	Introduction of contraband into a jail or prison involving a firearm, concealed weapon, controlled substance, currency, or a tool or implement useful in an attempt to escape from custody (Sections 843.11, 944.47, 951.22, F.S.)	Revocation
6. 7.	Other introduction of contraband into a jail or prison (Sections 944.47, 951.22, F.S.)	Suspension to revocation
7. 8.	False Statements (Sections 837.02, 837.021, 837.05(2), 838.022, 839.13(2), F.S.)	Prospective Suspension to revocation
8. 9.	Felony stalking, Sexual Cyberharassment (Section 784.048, 784.049(3)(b), F.S.)	Revocation
9. 10.	Sexual battery, unlawful sexual activity with a minor (Sections 794.011, 794.05, F.S.)	Revocation
10. 11.	Lewd or lascivious offense, child under 16 (Section 800.04, F.S.)	Revocation
11. 12.	Child abuse (Section 827.03, F.S.)	Prospective suspension to revocation
12. 13.	Aggravated child abuse with violence (Section 827.03, F.S.)	Revocation
13. 14.	Resisting an officer with violence (Section 843.01, F.S.)	Prospective suspension to revocation
14. 15.	Felony controlled substance violation (Sections 893.13, 893.135, 893.147, 893.149, F.S.)	Revocation
15. 16.	Bribery (Section 838.015, F.S.)	Revocation
16. 17.	Unlawful compensation or reward for official behavior (Section 838.016, F.S.)	Revocation
17. 18.	Video Voyeurism	Prospective suspension and probation with counseling to revocation
18. 19.	Felony threats (Section 836.12(3), F.S.)	Revocation
19.	Sexual Misconduct (944.35(3)(b)(2) F.S.)	Revocation
20.	Possession of Certain Drugs without Prescriptions with the intent to sell, dispense, or deliver (Section 499.03, F.S.)	Prospective suspension to revocation

 

(b) For the perpetration by the officer of an act that would constitute any of the misdemeanor offenses, pursuant to paragraph 11B-27.0011(4)(b), F.A.C., but where there was not a violation of Section 943.13(4), F.S., the action of the Commission shall be to impose a penalty ranging from probation of certification to suspension of certification.  Specific violations and penalties that shall be imposed, absent aggravating or mitigating circumstances, include the following:

1. through 9. No change.

 

	Violation	Recommended Penalty Range
10.	Driving or boating under the influence; second DUI Offense (Sections 316.193 and 327.35, F.S.)	Probation with substance abuse counseling ; and prospective suspension to revocation
	Driving or boating under the influence-Second Offense	Prospective suspension with substance abuse counseling to revocation
	Driving or boating under the influence with property damage or injury	Prospective suspension with substance abuse counseling to revocation
	Driving or boating under the influence -blood-alcohol level or breath-alcohol level of 0.15 or higher	Prospective suspension with substance abuse counseling to revocation
	Driving or boating under the influence while accompanied in the vehicle by a person under the age of 18 years	Prospective suspension with substance abuse counseling to revocation

 

11. through 17. No change.

 

18.	Second refusal to submit to a physical test of breath, blood, or urine ( 316.1939, F.S.)	Prospective suspension with substance abuse counseling to revocation
19.	Installation of tracking devices or applications (Section 934.425, F.S.)	Suspension to revocation
20.	Possession of certain drugs without prescriptions (Section 499.03, F.S.)	Suspension to revocation

 

(c) through (d) No change.

(6) through (9) No change.

(10)Temporary Employment Authorization (TEA).  Individuals employed on a TEA, pursuant to Section 943.131, F.S., who are retained by the employing agency, are subject to the following discipline by the Commission when found to have committed an act or acts establishing a “lack of good moral character,” defined in subsection 11B-27.0011(4), F.A.C.:

(a) through (c) No change.

(11) Individuals employed on a TEA who are found to have committed an act or acts establishing a “lack of good moral character,” defined in subsection 11B-27.0011(4), F.A.C., and are terminated from employment prior to certification are subject to the following discipline by the Commission.  Upon a finding of probable cause by a panel of the Commission, the Commission shall: Declare the individual ineligible to apply for certification in any discipline for a period of two years pursuant to Section 943.13(7), F.S., regarding good moral character for employment or appointment as an officer.

Rulemaking 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, 3-21-07, 6-9-08, 6-3-10, 5-21-12, 5-29-14, 9-4-16, 8-15-18, ________.

 

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

(1) Requirements to demonstrate the firearms proficiency requirements under the federal Law Enforcement Officers Safety Act of 2004 (18 U.S.C.A. § 926C) in Florida. 

(a) through (c) No change.

(d) Pursuant to s. 790.052(1)(b) and (c), F.S., all persons holding an active certification or who held an active certification before separating from service under the conditions set forth in 18 U.S.C.A. 926C(c), as a law enforcement or correctional officer as defined in s. 943.10(1), (2), (6), (7), (8), or (9), F.S. meet the definition of “qualified law enforcement officer” or “qualified retired law enforcement officer.”

(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, and revised on _____________, effective _______, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-____, to each retiree who successfully completes the course of fire as required on form CJSTC-86A using a revolver or a semi-automatic handgun. 

(c) No change.

(3) 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, 3-13-13, 7-9-19, __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Bureau Chief Glen Hopkins

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 4, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 25, 2019