Sub-paragraph 11B-27.002(3)(a)15., F.A.C.: Incorporates the revised Affidavit of Separation, form CJSTC-61, to add “Line of Duty Death” as a separation reason to allow agencies to distinguish between an officer killed in ....

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NOS.:RULE TITLES:

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

11B-27.00212Maintenance of Officer Certification

11B-27.00213Temporary Employment Authorization

PURPOSE AND EFFECT: Sub-paragraph 11B-27.002(3)(a)15., F.A.C.: Incorporates the revised Affidavit of Separation, form CJSTC-61, to add “Line of Duty Death” as a separation reason to allow agencies to distinguish between an officer killed in the line of duty and an officer’s death due to non-duty related causes.

Subsection 11B-27.00212(4), F.A.C.: Incorporates the revised Mandatory Retraining Report, form CJSTC-74, pursuant to the 2022 Florida Legislature which passed legislation to mandate retraining for law enforcement officers in health and wellness principles, effective July 1, 2023.

Paragraph 11B-27.00212(5)(f), F.A.C.: Adds a training requirement in Officer Health and Wellness Principles for law enforcement officers, pursuant to the 2022 Legislature which passed legislation to add the training requirement to the 40-hour mandatory retraining requirement for law enforcement officers.

Paragraph 11B-27.00213(2)(b), F.A.C.: Incorporates the revised Firearms Performance Evaluation, form CJSTC-4, to ensure more uniformity with the remaining high liability forms, renaming it the Handgun Performance Evaluation, and reflect the requirement of passing handgun proficiency evaluations and the revised qualification course of fire, and completion of active threat/shooter drills; inclusion of EOT students; clarification that only basic recruit and cross-over students are required to pass an end-of-course examination; and allows the training school to record when an EOT student fails to demonstrate the proficiency skills; and removes the option to use a revolver for handgun qualification and the requirement to qualify with a long gun.

SUMMARY: Added training requirement in Officer Health and Wellness Principles for law enforcement officers; revised Affidavit of Separation, form CJSTC-61; Mandatory Retraining Report, form CJSTC-74; and Firearms Performance Evaluation, form CJSTC-4, renaming it the Handgun Performance Evaluation form.

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) FS.

LAW IMPLEMENTED: 943.12(3), 943.13(11), 943.131, 943.133, 943.135, 943.139, 943.1395(3), 943.17(1)(a), 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: June 20, 2023, 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 [phone], 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-27.002 Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers.

(1) through (2) 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 August 12, 2021, effective 6/2022, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-14226.  Form CJSTC-207 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) 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. through 14. No change.

15. An Affidavit of Separation, form CJSTC-61, revised ______________ effective_______ August 12, 2021, effective 6/2022, hereby incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-_____ https://www.flrules.org/Gateway/reference.asp?No=Ref-14216, if the officer has separated employment with the agency.  Form CJSTC-61 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].

(b) No change.

(4) through (5) 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, 3-13-13, 5-29-14, 7-29-15, 9-4-16, 9-14-17, 8-15-18, 7-9-19, 5-5-20, 5-20-21, 6-26-22, _________.

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 _________________, effective ___________ August 12, 2021, effective 6/2022 hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-_____ https://www.flrules.org/Gateway/reference.asp?No=Ref-14220.  Form CJSTC-74 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].  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) Statutory mandated continuing training.  The following training shall be included as a part of the officer’s continuing training:

(a) through (e) No change.

(f) Officer Health and Wellness Principles pursuant to Section 943.1745(2), F.S., for law enforcement officers whose mandatory retraining cycle ends after July 1, 2023. Certified law enforcement officers who elect to instruct Officer Health and Wellness Principles training may substitute instruction for completion of this training to satisfy the officer’s continuing training requirement.

(6) 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, _______.  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 Handgun Firearms Performance Evaluation, form CJSTC-4, revised _______________, effective ______ August 12, 2021, effective 6/2022, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-_____ https://www.flrules.org/Gateway/reference.asp?No=Ref-14210, and maintained in the trainee’s file at the employing agency. Form CJSTC-4 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 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 Proficiency Skills Course of Fire, pursuant to form CJSTC-4, 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, 5-21-12, 3-13-13, 9-4-16, 6-26-22, __________.

 

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: May 23, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 31, 2022