Sub-paragraph 11B-27.0011(4)(b)1., F.A.C.: Amends current rule language to add the charge of “video voyeurism” back into the list of misdemeanor moral character violations and associated penalty guideline because a 2019 ....  

  •  

    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-27.00211Fingerprint Processing and Criminal Record Results

    11B-27.00212Maintenance of Officer Certification

    11B-27.00213Temporary Employment Authorization

    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., F.A.C.: Amends current rule language to add the charge of “video voyeurism” back into the list of misdemeanor moral character violations and associated penalty guideline because a 2019 statutory change was made allowing for individuals 18 years old to become certified in corrections.

    Paragraph 11B-27.002(1)(d), F.A.C.: Incorporates the Physician’s Assessment, form CJSTC-75, which was revised on August 13, 2020, effective 5/2021, but not included in previous rule promulgation.

    Subsection 11B-27.002(3), F.A.C.: Incorporates and clarifies the usage of the Agency New Hire Report, form CJSTC-207, and adds a notation that the CJSTC-62 form is required for “private correctional officers only”.

    Sub-paragraph 11B-27.002(3)(a)15., F.A.C.: Incorporates the Affidavit Of Separation, form CJSTC-61, to add instructions and clarify the employing agency’s usage of the form to process “separating” and “re-employing” officers who serve on active military duty.

    Paragraph 11B-27.00211(2)(a), F.A.C.: Incorporates the revised Fingerprint Notification, form CJSTC-62, to coincide with previous updates made to Rule 11B-27.00211(2)(a), F.A.C., adding Department of Children and Families (DCF) as an approving entity for the fingerprint notification.

    Subsection 11B-27.00212(4), F.A.C.: Incorporates the revised Mandatory Retraining Report, form CJSTC-74, pursuant to the 2021 Florida Legislature which passed legislation and adds instructions to the form to mandate retraining for law enforcement officers in the proper use of electronic databases.

    Paragraph 11B-27.00212(5)(e), F.A.C.: Adds a training requirement in Use of Electronic Databases for law enforcement officers, pursuant to the 2021 Legislature which passed legislation to add the training requirement to the 40-hour mandatory retraining requirement for law enforcement officers.

    Paragraphs 11B-27.00212(17)(a)-(d), F.A.C.: Adds a section (17), pursuant to the 2020 Florida Legislature which created s. 943.17298, F.S., requiring all law enforcement officers to complete training in recognition and responses to head trauma and brain injury in a child under 6 years of age.

    Paragraphs 11B-27.00212(18)(a)-(d), F.A.C.: Adds a section (18) to Rule 11B-27.00212, F.A.C., pursuant to the 2021 Florida Legislature which created s. 943.1724, F.S., requiring all law enforcement officers to complete training in sexual assault investigation.

    Paragraph 11B-27.00213(2)(b), F.A.C.: Incorporates the revised Firearms Performance Evaluation, form CJSTC-4, to reflect inclusion of Equivalency of Training students; clarification that only basic recruit and instructor 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.

    Paragraph 11B-27.00213(4)(b), F.A.C.: Amends the rule language because training courses are sometimes difficult to schedule and the change allows an officer who is unable to meet the TEA time requirements to be employed on a second TEA.

    Sub-paragraph 11B-27.005(5)(a)11., F.A.C.: Adds an enumerated penalty guideline for the felony charge of “abuse of children”.

    Sub-paragraph 11B-27.005(5)(a)21., F.A.C.: Adds the enumerated penalty guideline for the felony charge of “obscenity” as outlined in Florida Statutes.

    Sub-paragraph 11B-27.005(5)(b)8., F.A.C.: Adds the misdemeanor charge of “video voyeurism” to the enumerated penalty guideline.

    Sub-paragraph 11B-27.005(5)(b)21., F.A.C.: Adds the enumerated penalty guideline for the misdemeanor moral character violation of “obscenity”.

    Paragraph 11B-27.013(2)(e), F.A.C.: Incorporates the revised Canine Team Certification Application, form CJSTC-70, to only request the last four digits of the instructors’ social security number.

    SUMMARY: Added violation of “video voyeurism” to the list of enumerated misdemeanor moral character violations; revised Physician’s Assessment, form CJSTC-75; Agency New Hire Report, form CJSTC-207; Affidavit Of Separation, form CJSTC-61; Fingerprint Notification, form CJSTC-62; Mandatory Retraining Report, form CJSTC-74; Firearms Performance Evaluation, form CJSTC-4; and Canine Team Certification Application, form CJSTC-70; training requirement in Use of Electronic Databases for law enforcement officers; mandatory training to implement HB43 regarding the recognition of and response to head trauma and brain injury in a child under 6 years of age; mandatory training to implement HB1189 regarding sexual assault investigation training; officer employed on a second TEA; enumerated penalty guideline for the felony charge of “abuse of children”; enumerated penalty guideline for the felony charge of “obscenity”; added misdemeanor charge of “video voyeurism” to the enumerated penalty guideline; and added enumerated penalty guideline for the misdemeanor moral character violation of “obscenity”.

    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(3), (16), 943.13(3), (7), 943.131, 943.133, 943.135, 943.139, 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: Thursday, April 21, 2022 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 joycegainous-harris@fdle.state.fl.us, 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 (850)410-8615, or joycegainous-harris@fdle.state.fl.us, 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, 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, ________

     

    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 (c) No change.

    (d) A Physician’s Assessment, form CJSTC-75, revised August 13, 2020, effective 5/2021 August 4, 2016, effective 7/2017 hereby incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-_____ http://www.flrules.org/Gateway/reference.asp?No=Ref-08441, or an equivalent form signed by a physician, certified advanced registered nurse practitioner, or physician assistant licensed in the United States or its territories, verifying the applicant’s fitness to perform the duties of an officer pursuant to Section 943.13(6), F.S. Form CJSTC-75 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 (850)410-8615. A copy of the officer’s position description shall be reviewed by the physician to ensure that the applicant can meet the physical standards required of the position. A Patient Information, form CJSTC-75A, revised November 8, 2007, hereby incorporated by reference, may also be provided to the examining physician, certified advanced registered nurse practitioner, or physician assistant for reference. Form CJSTC-75A 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 (850)410-8615. The CJSTC-75 form or equivalent, shall be completed with each new employment or appointment of an officer, and shall not be completed more than one year prior to an officer’s employment or appointment.  A CJSTC-75 form prepared for a specific employing agency shall not be used by any other employing agency.

    (e) through (h) No change.

    (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 _______________, effective ________ November 8, 2007, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-_____. 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 (850)410-8615.

    (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 13, 2020, effective 5/2021, hereby incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-_____ http://www.flrules.org/Gateway/reference.asp?No=Ref-13133, 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 (850)410-8615.

    (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, ________

     

    11B-27.00211 Fingerprint Processing and Criminal Record Results.

    An employing agency shall maintain on file, at minimum, a Federal Bureau of Investigation Civil Applicant Response provided from a Live Scan device by the Florida Department of Law Enforcement (FDLE) Certified Mail Application, with the National Crime Information Center (NCIC) criminal history record attached, and an FDLE Customer Summary Report and Transaction Listing with the Florida Criminal Information Center (FCIC) criminal history record attached.  If a Civil Applicant Response is not received by the agency, the FCIC Criminal History indicating no single state or multi-state offender criminal history record exists shall be proof the applicant’s fingerprints have been processed.

    (1) No change.

    (2) Private Correctional Institutions and Jails.

    (a) Private correctional institutions under contract with the Florida Department of Management Services (DMS) or the Florida Department of Children and Families (DCF) shall submit for processing an applicant’s fingerprints to the FDLE.  The private correctional institution is required to use an electronic fingerprinting submission device and is responsible for any cost associated with the fingerprint submission.  The response to the fingerprint submission shall be electronically transmitted to the respective contract agency (DMS or DCF) for review for compliance with Section 943.13(4), F.S. The contract agency will complete the Fingerprint Notification, form CJSTC-62, revised ________________, effective _______ November 8, 2007, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-______, or other written notice to document compliance with Section 943.13(4), F.S., and provide it to the private correctional institution.  Form CJSTC-62 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 (850)410-8615.

    (b) No change.

    (3) through (11) 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 11-5-02, 11-30-04, 6-9-08, 5-29-14, 9-14-17, ________.

     

    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 13, 2020, effective 5/2021 hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-_____ http://www.flrules.org/Gateway/reference.asp?No=Ref-13136 . 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 (850)410-8615. 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 (d) No change.

    (e) Use of Electronic Databases pursuant to Section 943.17191, F.S.  Certified law enforcement officers who elect to instruct Use of Electronic Databases training may substitute completion or instruction of this training to satisfy the officer’s continuing training requirement.

    (6) through (16) No change.

    (17) Recognition of and Response to Head Trauma and Brain Injury in a Child Under 6 Years of Age.  As a part of an officer’s continuing education or training, a law enforcement officer shall be required to complete training in the recognition of and responses to head trauma and brain injury in a child under 6 years of age.

    (a) All law enforcement officers shall complete the Commission-approved course developed pursuant to s. 943.17298, F.S., prior to July 1, 2022.

    (b) All law enforcement officers who complete a law enforcement basic recruit training program which began on or after July 1, 2021 shall have met this requirement.

    (c) The certification of a law enforcement officer who fails to comply with the requirements pursuant to s. 943.17298, 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.

    (d) 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.

    (18) Sexual Assault Investigation.  As a part of an officer’s continuing education or training, a law enforcement officer shall be required to complete training on sexual assault, with an emphasis on culturally responsive, trauma-informed training on interviewing sexual assault victims and investigations of incidents of sexual assault.

    (a) All law enforcement officers shall complete the Commission-approved course developed pursuant to s. 943.1724, F.S., prior to July 1, 2024.

    (b) All law enforcement officers who complete a law enforcement basic recruit training program which began on or after July 1, 2022 shall have met this requirement.

    (c) The certification of a law enforcement officer who fails to comply with the requirements pursuant to s. 943.17298, 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.

    (d) 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, 5-5-20, 5-20-21, ________. 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 Firearms Performance Evaluation, form CJSTC-4, revised _______________, effective ______ November 5, 2015, effective 9/2016, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-_____ https://www.flrules.org/Gateway/reference.asp?No=Ref-07365, 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 (850)410-8615.  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, 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) No change.

    (4) Agencies applying to temporarily employ or appoint an individual who has had a previous TEA registered with the Commission in the same discipline, may do so only if:

    (a) No change.

    (b) The individual has not been employed on TEA in the same discipline more than two times within any four-year period. was previously hired on a TEA and has separated from the employing agency or discontinued training while still in good standing, and has had a break-in-service from the last employment for a minimum of four years. Such individual shall comply with the firearms training requirements pursuant to Rule 11B-35.0024, F.A.C., and Section 943.17(1)(a), F.S., unless the agency administrator has waived such requirements in subsection (2) of this rule section, and shall enroll in a Commission-approved Basic Recruit Training Program within 180 days of employment in the first training program offered in the geographic area, or in the first assigned state training program for a state officer.

    (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, ________

     

    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 10. No change.

     

    Violation

    Recommended Penalty Range

    11.

    Child abuse (Section 827.03, 827.071, F.S.)

    Prospective suspension to revocation

     

    12. through 20. No change.

     

     

    Violation

    Recommended Penalty Range

    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 7. No change.

     

    Violation

    Recommended Penalty Range

    8.

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

    Prospective suspension, and probation with counseling to revocation

     

    9. through 20. No change.

     

    21.

    Obscenity ( 847.011(5), F.S.)

    Prospective 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, ________

     

    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 ________________, effective _______ November 5, 2015, effective 9/2016, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-_____ http://www.flrules.org/Gateway/reference.asp?No=Ref-07377. Form CJSTC-70 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 (850)410-8615.

    (3) through (7) No change.

    Rulemaking Authority 943.03(4), 943.12(1) FS.  Law Implemented 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, 9-4-16, ____

     

    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 29, 2022

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 29, 2021

Document Information

Comments Open:
3/30/2022
Summary:
Added violation of “video voyeurism” to the list of enumerated misdemeanor moral character violations; revised Physician’s Assessment, form CJSTC-75; Agency New Hire Report, form CJSTC-207; Affidavit Of Separation, form CJSTC-61; Fingerprint Notification, form CJSTC-62; Mandatory Retraining Report, form CJSTC-74; Firearms Performance Evaluation, form CJSTC-4; and Canine Team Certification Application, form CJSTC-70; training requirement in Use of Electronic Databases for law ...
Purpose:
Sub-paragraph 11B-27.0011(4)(b)1., F.A.C.: Amends current rule language to add the charge of “video voyeurism” back into the list of misdemeanor moral character violations and associated penalty guideline because a 2019 statutory change was made allowing for individuals 18 years old to become certified in corrections. Paragraph 11B-27.002(1)(d), F.A.C.: Incorporates the Physician’s Assessment, form CJSTC-75, which was revised on August 13, 2020, effective 5/2021, but not ...
Rulemaking Authority:
943.03(4), 943.12(1) FS.
Law:
943.12(3), (16), 943.13(3), (7), 943.131, 943.133, 943.135, 943.139, 943.1395(3), (7), (8), 943.17(1)(a), 943.1701, 943.1715, 943.1716, 943.253 FS.
Related Rules: (7)
11B-27.0011. Moral Character
11B-27.002. Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers
11B-27.00211. Fingerprint Processing and Criminal Record Results
11B-27.00212. Maintenance of Officer Certification
11B-27.00213. Temporary Employment Authorization
More ...