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

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 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”.

Sub-paragraph 11B-27.014(2)(c)3., F.A.C.: Updates the requirement of demonstrating proficiency to comply with the firearms standard as noted on the revised Law Enforcement Officer Firearms Qualification Standard, form CJSTC-86A.

SUMMARY: 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.

 

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.

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) FS.

LAW IMPLEMENTED: 943.12, 943.12(3), 943.13(7), (11), 943.132, 943.135, 943.1395(3), (7), (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: Monday April 22, 2024 at 10:00 a.m.

PLACE: Florida Department of Law Enforcement, Criminal Justice Professionalism, 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 850-410-8615, 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 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, 810.145, 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, 944.47, and 951.22, 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, 5-5-20, 6-26-22,                  .

 

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 August 10, 2023, effective ________ August 8, 2019, effective 4/2020, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-_____ http://www.flrules.org/Gateway/reference.asp?No=Ref-11904, 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) 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 complete a law enforcement basic recruit training program which began were certified on or after July 1, 2021, shall have met this requirement. 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 officers who complete any Commission-approved course, which is developed in compliance with s. 943.17297, F.S., shall have satisfied this training requirement.

(d) through (e) No change.

(17) through (18) 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, 3-13-13, 9-4-16, 8-15-18, 5-5-20, 5-20-21, 6-26-22, 8-30-23, _________.  Editorial Note:  See 11B-27.0023, F.A.C.

 

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 5. No change.

	Violation	Recommended Penalty Range
6.	Other introduction of contraband into a jail or prison (Sections 944.47, 951.22, F.S.)	Suspension to revocation
6 7.	False Statements (Sections 837.02, 837.021, 837.05(2), 838.022, 839.13(2), F.S.)	Prospective Suspension to revocation
7 8.	Felony stalking, Sexual Cyberharassment (Section 784.048, 784.049(3)(b), F.S.)	Revocation
8 9.	Sexual battery, unlawful sexual activity with a minor (Sections 794.011, 794.05, F.S.)	Revocation
9 10.	Lewd or lascivious offense, child under 16 (Section 800.04, F.S.)	Revocation
10 11.	Child abuse (Section 827.03, 827.071, F.S.)	Prospective suspension to revocation
11 12.	Aggravated child abuse with violence (Section 827.03, F.S.)	Revocation
12 13.	Resisting an officer with violence (Section 843.01, F.S.)	Prospective suspension to revocation
13 14.	Felony controlled substance violation (Sections 893.13, 893.135, 893.147, 893.149, F.S.)	Revocation
14 15.	Bribery (Section 838.015, F.S.)	Revocation
15 16.	Unlawful compensation or reward for official behavior (Section 838.016, F.S.)	Revocation
16 17.	Video Voyeurism	Prospective suspension and probation with counseling to revocation
17 18.	Felony threats (Section 836.12(3), F.S.)	Revocation
18 19.	Sexual Misconduct (944.35(3)(b)(2) F.S.)	Revocation
19 20.	Possession of Certain Drugs without Prescriptions with the intent to sell, dispense, or deliver (Section 499.03, F.S.)	Prospective suspension to revocation
20 21.	Obscenity (Section 847.011(1)(c), 847.011(5), 847.0135, 847.0145, 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 21. No change.

	Violation	Recommended Penalty Range
22.	Introduction of Contraband (Sections 944.47 and 951.22, F.S.)	Suspension to revocation

(c) through (d) No change.

(6) through (12) No change.

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, 5-5-20, 5-20-21, 6-26-22,                . 

 

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) through (b) No change.

(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 33 32 of 38 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. 

4. through 7. 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, 5-5-20,              . 

 

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: March 26, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 31, 2023