11B-27.0011(4)(b)1.: Amends the current rule language by removing the charge of Video Voyeurism (810.145, F.S.) as a result of a 2012 statutory change which made the charge a misdemeanor for anyone under 19 years old, and a felony for anyone 19 ...

 

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-27.00213Temporary Employment Authorization

11B-27.004Probable Cause Determination

11B-27.005Revocation or Disciplinary Actions; Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances

11B-27.013Canine Team Certification

PURPOSE AND EFFECT: Sub-paragraph 11B-27.0011(4)(b)1.: Amends the current rule language by removing the charge of Video Voyeurism (810.145, F.S.) as a result of a 2012 statutory change which made the charge a misdemeanor for anyone under 19 years old, and a felony for anyone 19 years old or older.

Subsection 11B-27.0011(5), F.A.C.: Specifies a timeframe of 10 calendar days during which an officer can recant a false statement prior to the employing agency’s conclusion of the internal affairs investigation.

Sub-paragraph 11B-27.002(3)(a)4, F.A.C..: Revises the Temporary Employment Authorization Statement, form CJSTC-65.

Sub-paragraph 11B-27.002(3)(a)11, F.A.C..: Incorporates the revised Exemption-From-Training, form CJSTC-76.

Sub-paragraph 11B-27.002(3)(a)15, F.A.C..: Revises the Affidavit of Separation, form CJSTC-61, and removes the possible negative stigma associated with a person being “terminated” when this reason is typically used for a separation beyond the officer’s control such as the dissolution of the agency.

Paragraph 11B-27.00212(14)(e) , F.A.C.: Updates the name of the Injury or Illness Exemption for the Firearms Law Enforcement Officer Qualification Standard, form CJSTC-86B, and specifies that only the last four digits of the applicant’s social security number are required for completion of the form.

Paragraph 11B-27.00212(15)(c) , F.A.C.: Updates the list of programs that law enforcement officers may complete to satisfy the Elder Abuse Training requirement and renumbers Rule 11B-27.00212(15)(c)1.-10., F.A.C., because sub-paragraphs # 1, 3, and 5 were removed.

Sub-paragraph 11B-27.00212(15)(c)1. , F.A.C.: Deletes the retired CMS Application-Based Law Enforcement Basic Recruit Training Program (BRTP) number 224.

Sub-paragraph 11B-27.00212(15)(c)3., F.A.C.: Deletes the retired Traditional Correctional Cross-Over to CMS Application-Based Law Enforcement BRTP number 1143.

Sub-paragraph 11B-27.00212(15)(c)4. , F.A.C.: Updates the status of the Correctional Officer Cross-Over Training to Florida CMS Law Enforcement BRTP number 1191 because the program was retired on 6/30/14.

Sub-paragraph 11B-27.00212(15)(c)5. , F.A.C.: Deletes the retired Traditional Correctional Probation Cross-Over to CMS Application-Based Law Enforcement BRTP number 1157.

Sub-paragraph 11B-27.00212(15)(c)6. , F.A.C.: Updates the status of the Correctional Probation Officer Cross-Over Training to Florida CMS Law Enforcement BRTP number 1179 because the program was retired on 6/30/14.

Paragraph 11B-27.00213(2)(b) , F.A.C.: Revises the CMS Firearms Performance Evaluation, form CJSTC-4 CMS, to include local agencies; adds the Safe Handling of Firearms Course to the list of courses required to maintain the instructor to student ratio; adds a line for the rangemaster’s printed name; clarifies language on the proficiency check lists; and revises language to clarify scoring criteria.

Paragraphs 11B-27.004(8)-(14) , F.A.C.: Deletes subsection 11B-27.004(8), F.A.C., and renumbers subsections Paragraphs 11B-27.004(9)-(14) , F.A.C. because Commission staff will no longer issue a Letter of Acknowledgment to respondents who have been terminated by an employing agency.

Paragraph 11B-27.004(9)(e) , F.A.C.: Deletes the previous subsection 11B-27.004(9)(e), F.A.C., due to the removal of subsection 11B-27.004(8), F.A.C., reference Commission staff issuing a Letter of Acknowledgment to respondents who have been terminated by the employing agency.

Sub-paragraph 11B-27.005(5)(a)18. , F.A.C.: Adds the felony charge of Video Voyeurism to the list of enumerated penalty guidelines.

Sub-paragraph 11B-27.005(b)4. , F.A.C.: Adds language to specify the charge of Falsification of a Use of Force Report is included in the enumerated penalty guidelines for misdemeanors involving false reports and statements.

Sub-paragraph 11B-27.005(b)8. , F.A.C.: Removes the misdemeanor charge of Video Voyeurism (810.145, F.S.) from the list of enumerated penalty guidelines misdemeanor as a result of a 2012 statutory change.

Sub-paragraph 11B-27.005(5)(c)2. , F.A.C.: Changes the recommended penalty range for the violation of sexual harassment involving physical contact or misuse of position to “probation with training to suspension with training.”

Paragraph 11B-27.013(2)(e), F.A.C. Incorporates the revised Canine Team Certification Application, form CJSTC-70.

Sub-paragraph 11B-27.013(3)(b)2. , F.A.C.: Revises the Canine Course Equivalency Checklist, form CJSTC-70A, to include the canine handler’s name as well as the canine’s name.

Sub-paragraph 11B-27.013(7)(a)2. , F.A.C.: Updates the certification requirements for canine team evaluator applicants.

SUMMARY: Implementation of penalties for lack of good moral character; certification, employment, appointment, reactivation, or termination of officers; Temporary Employment Authorization; Probable Cause Determination; disciplinary guidelines and range of penalties; and requirements for canine team certification.

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), 943.1395 FS.

LAW IMPLEMENTED: 119.071, 943.12, 943.12(3), (16), 943.13, 943.13(7), (11), 943.131, 943.133, 943.135, 943.139, 943.1395, 943.1395(3), (7), (8), 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: Wednesday, June 29, 2016, 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-27.0011 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, 817.61, 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) A certified officer’s failure to maintain good moral character as defined in subsection (4) of this rule section by committing a violation involving perjury or false statement in a court proceeding, shall not include a statement which was recanted.  If the violation involving perjury or false statement is alleged to have occurred in the performance of regularly required work duties or the course of an administrative or disciplinary investigation, a certified officer’s failure to maintain good moral character as defined in subsection (4) of this rule section shall not include a statement in which the officer making the statement conceded such statement to be false prior to the employing agency’s conclusion of the internal affairs investigation in which the false statement related to a material fact or within 10 calendar days of making the false statement, whichever occurs first. For purposes of this subsection, the employing agency’s internal affairs investigation shall be deemed to be at a conclusion upon the investigator’s execution of the statement required by Section 112.533(1)(a)2., F.S.

(6) 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,              . 

 

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 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. through 3. No change.

4. A Temporary Employment Authorization Statement, form CJSTC-65, revised November 5, 2015 November 8, 2007, effective 9/2016, hereby incorporated by reference.  Form CJSTC-65 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]. 

5. through 10. No change.

11. An Exemption-From-Training, form CJSTC-76, revised November 5, 2015 November 6, 2014, effective 9/2016 7/2015, hereby incorporated by reference, and an Exemption-From-Training Proficiency Demonstration, form CJSTC-76A, revised November 6, 2014, effective 7/2015, hereby incorporated by reference, for previous Florida and out-of-state, federal, or military officers, if the officer used this training option.  Forms CJSTC-76 and CJSTC-76A 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]. 

12. through 14. No change.

15. An Affidavit of Separation, form CJSTC-61, revised November 5, 2015 December 16, 2010, effective 9/2016 (effective 5/2012), hereby incorporated by reference, and Affidavit of Separation Supplement, form CJSTC-61A, revised December 16, 2010, (effective 5/2012), hereby incorporated by reference, if the officer has separated employment with the agency.  Forms CJSTC-61 and CJSTC-61A 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) No change.

(4) through (6) No change.

Rulemaking Authority 943.03(4), 943.12(1) FS.  Law Implemented 119.071, 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,________. 

 

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 December 16, 2010, (effective 3/2013), 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) through (d) No change.

(e) In the event a 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, revised November 5, 2015, effective 9/2016 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). 

1.2. 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). 

2.4. 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 (Retired 6/30/14). (Effective 7/1/12)

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

3.6. Correctional Probation Officer Cross-Over Training to Florida CMS Law Enforcement BRTP number 1179 (Retired 6/30/14) (Effective 7/1/12). 

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

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

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

7.10. Elder Abuse Investigations specialized training program course number 1185. There are no required minimum training hours for mandatory retraining, however, training schools are permitted to teach the course as a specialized training program course requiring a minimum of four contact hours.

(d) through (e) No change.

Rulemaking Authority 943.03(4), 943.12(1) FS.  Law Implemented 119.071, 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,_________.  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 November 5, 2015 December 16, 2010, effective 9/2016 (effective 3/2013), 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, 5-21-12, 3-13-13, _____.

 

11B-27.004 Probable Cause Determination.  At the conclusion of the preliminary investigation and when the reports and documents are received as directed by Sections 943.139 and 943.1395, F.S., a determination of probable cause shall be made before the Commission initiates proceedings to take disciplinary action against the certification of an officer.

(1) through (7) No change.

(8) When Commission staff determines that the respondent has been terminated by the employing agency, Commission staff shall issue a Letter of Acknowledgment of agency action in these cases, provided the penalty guidelines of subsection 11B-27.005(5), F.A.C., specify probation or suspension as a penalty for the offense. 

(8)(9) Commission staff:

(a) through (d) No change.

(e) Shall not issue a Letter of Acknowledgement to a respondent if the penalty guidelines of subsection 11B-27.005(5), F.A.C., specify suspension to revocation and the respondent was terminated from the employing agency.

(9)(10) In cases where the respondent has been terminated or disciplined and is seeking review of that termination or discipline through the administrative or judicial process, the respondent and employing agency shall notify Commission staff of such review.  Pending final resolution, Commission staff shall hold such cases in abeyance. 

(10)(11)(a) If administrative or judicial review results in a final disposition of the respondent’s termination or discipline, the case shall no longer be held in abeyance and Commission staff shall review the case for the issuance of a Letter of Acknowledgment, if applicable, or for presentation to the Commission for Commission action. 

(b) No change.

(11)(12)(a) In cases in which the facts presented to Commission staff are inconclusive, lack reliability, are insufficient to permit a reasonable determination of what occurred, or fail to demonstrate that the alleged misconduct meets the statutory criteria for Commission action, Commission staff shall “no cause” the case.  Commission staff shall reopen a case that has been “no caused” if new evidence or witnesses become available to Commission staff.  However, Commission staff shall “no cause” a violation of paragraph 11B-27.0011(4)(b) or (c), F.A.C., if the officer is alleged to have committed the violation more than eight years prior to the case being presented at a Probable Cause Determination Hearing.

(b) No change.

(12)(13) Commission staff shall submit annually to the Commission, a listing of those agencies that fail to impose significant agency disciplinary action pursuant to subsections 11B-27.005(1)-(2), F.A.C.

(13)(14) When the Probable Cause Panel has insufficient information to determine the existence of probable cause, but in good faith believes that Commission staff can obtain the information necessary to reach a decision, the panel shall enter a finding of “Insufficient Information.”  The case shall be continued until reasonable efforts by Commission staff have been concluded to obtain the additional information requested by the panel, at which time the case shall be scheduled before a Probable Cause Panel for further review.

Rulemaking Authority 943.03(4), 943.12(1), 943.1395 FS.  Law Implemented 943.1395 FS.  History–New 12-13-92, Amended 1-19-94, 11-5-95, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 4-11-04, 11-30-04, 6-9-08, 6-3-10, 5-29-14,               . 

 

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 17. No change.

18.

Video Voyeurism

Prospective suspension and probation with counseling 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 3. No change.

4.

False reports and statements (817.49, 837.012, 837.05(1), 837.055, 837.06, 901.36, 944.35(4)(b), F.S.).

Prospective suspension to revocation

5. through 7. No change.

8.

Prostitution or lewdness; voyeurism, video voyeurism (796.07, 810.14, 810.145, F.S.)

Prospective suspension, and probation with counseling to revocation

9. through 15. No change.

(c) For the perpetration by the officer of an act or conduct, as described in paragraph 11B-27.0011(4)(c), F.A.C., if such act or conduct does not constitute a crime described in paragraphs (5)(a)-(b) of this rule section, the action of the Commission shall be to impose the following penalties, absent aggravating or mitigating circumstances:

1. No change.

2.

Sexual harassment involving physical contact or misuse of position

Probation with training to suspension with training.

3. through 15. No change.

(d) No change.

(6) through (10) 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, _______.

 

11B-27.013 Canine Team Certification.

(1) No change.

(2) Canine team certification requirements.  Commission certification of a canine team is not required.  If a canine team seeks Commission certification, the canine team shall meet the following requirements:

(a) through (d) No change.

(e) A canine team shall provide documentation of the canine team’s compliance with certification requirements and submit a Canine Team Certification Application, form CJSTC-70, revised November 5, 2015, effective 9/2016 November 6, 2014, hereby incorporated by reference. Form CJSTC-70 can be obtained at the following FDLE Internet address: http://www.fldle.state.fl.us/Content/CJST/Publications/Professionalism-Program-Forms.aspx, or by contacting Commission staff at [phone].

(3) Required documentation for certification of a canine team.  Documentation of compliance for Commission certification of canine teams shall include: 

(a) No change.

(b) Documentation of successful completion of canine team training shall include the following:

1. No change.

2. Successful completion of the equivalent training shall be documented on the Canine Course Equivalency Checklist form CJSTC-70A, revised November 5, 2015 November 6, 2014, effective 9/2016, hereby incorporated by reference.  Form CJSTC-70A can be obtained at the following FDLE Internet address:  http://www.fldle.state.fl.us/Content/CJST/Publications/Professionalism-Program-Forms.aspx, or by contacting Commission staff at [phone].

a. through b. No change.

3. The employing agency submitting form CJSTC-70 shall provide documentation of training to the Commission-approved evaluator.  The evaluator shall review and document of the training on form CJSTC-70A.

(c) No change.

(4) through (6) No change.

(7) Canine Team Evaluators. 

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

1. No change.

2. Documentation on form CJSTC-70 that the evaluator applicant has taught the Canine Team Training Course number 1198; or the Canine Team Training Course number 1112 (retired 11/6/2013); or equivalent training in its entirety to a minimum of six canine teams that have successfully completed the canine team certification process.  Canine teams trained exclusively for tracking and trailing or specific detection shall not be included in this total.

3. through 5. No change.

(b) through (c) No change.

Rulemaking Authority 943.03(4), 943.12(1) FS.  Law Implemented 119.071, 943.12(16) 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, 3-13-13, 5-29-14, 5-29-14, 7-29-15, _____. 

 

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: August 02, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 30, 2015