To repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.

DEPARTMENT OF LAW ENFORCEMENT
Employee Relations

RULE NO.: RULE TITLE:
11I-1.005: Disciplinary Investigations
11I-1.010: Appeals to the Public Employees Relations Commission
11I-1.013: Repeal
PURPOSE AND EFFECT: To repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.
SUMMARY: To repeal Rules 11I-1.005, F.A.C., pertaining to disciplinary investigations, 11I-1.010, F.A.C., pertaining to appeals to the Public Employees Relations Commission, and 11I-1.013, F.A.C., regarding references to the Duty Manual.
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: OTHER RULES INCORPORATING THIS RULE: N/A.
EFFECT ON THOSE OTHER RULES: N/A.
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 proposed amendment, i.e., repeal of rules.
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: 110.201(2), 447.207(8), 943.03 FS.
LAW IMPLEMENTED: 110.227, 112.532(1), 112.532(4), 112.533 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: Tuesday, February 28, 2012, 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: Richard Ward at [phone] or [e-mail], or write the Florida Department of Law Enforcement, Office of Executive Investigations, P. O. Box 1489, 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: Richard Ward at [phone] or [e-mail], or write the Florida Department of Law Enforcement, Office of Executive Investigations, P. O. Box 1489, Tallahassee, Florida 32308

THE FULL TEXT OF THE PROPOSED RULE IS:

11I-1.005 Disciplinary Investigations.

The methods and agents of investigation utilized prior to notice of personnel action shall vary with the nature of the offense and the needs of the employer to obtain complete information. In the event that law enforcement personnel are under investigation, the rights provided under Part VI, Chapter 112, F.S., as to notice and methods of interrogation shall be applied. If an employee is included in a bargaining unit which is subject to a collective bargaining agreement, that employee may request that a Union representative be present during any disciplinary investigation or investigatory meeting in which the employee is being questioned about alleged misconduct of the employee.

Rulemaking Specific Authority 943.03(4) FS. Law Implemented 112.532(1), 112.532(4), 112.533 FS. History–New 7-8-82, Formerly 11I-1.05, Amended 11-5-02, Repealed__________.

 

11I-1.010 Appeals to the Public Employees Relations Commission.

An employee who has earned permanent status in the Career Service in accordance with the provisions of paragraph 60L-33.003(2)(d), F.A.C., shall have the right to appeal to the Public Employees Relations Commission any reduction in pay, demotion, suspension or dismissal by the Department.

Rulemaking Specific Authority 110.201(2), 447.207(8), 943.03 FS. Law Implemented 110.227(5) FS. History–New 7-8-82, Formerly 11I-1.10, Amended 7-14-87, 7-1-90, 11-5-02, Repealed__________.

 

11I-1.013 Repeal.

That portion of Rule 11-1.012, F.A.C., referring to the Duty Manual, specifically Department Directives Number 200.08, 200.13, and 200.17, is hereby repealed insofar as it conflicts with the provisions of this chapter.

Rulemaking Specific Authority 943.03(3) FS. Law Implemented 110.227(1) FS. History–New 7-8-82, Formerly 11I-1.13, Repealed __________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Richard Ward
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 15, 2011