This is a proposed new rule chapter consisting of six rules to implement the Florida Law Enforcement Recruitment Bonus Payment Program enacted by the Legislature in Chapter 2022-23, s. 4, Laws of Florida, to be codified ....

 

DEPARTMENT OF ECONOMIC OPPORTUNITY

Division of Workforce Services

RULE NOS.:RULE TITLES:

73B-12.001Definitions

73B-12.002Eligibility

73B-12.003Annual Plan

73B-12.004Program Administration

73B-12.005Audits

73B-12.006Reimbursements

PURPOSE AND EFFECT: This is a proposed new rule chapter consisting of six rules to implement the Florida Law Enforcement Recruitment Bonus Payment Program enacted by the Legislature in Chapter 2022-23, s. 4, Laws of Florida, to be codified at new section 445.08, Florida Statutes (2022).

SUMMARY: The Program authorizes the payment of a one-time recruitment bonus of up to $5,000 for eligible individuals, called “Newly Employed Officers.” A Newly Employed Officer is a person who gains or is appointed to full-time employment as a certified law enforcement officer with a Florida Criminal Justice Employing Agency on or after July 1, 2022, and who has never before been employed as a law enforcement officer in this state. To implement the Program, the proposed new rules create definitions, establish eligibility requirements, procedures for administration of the Program, auditing of payments, and a procedure for an officer to reimburse payment, if necessary. The proposed new rules also create the Law Enforcement Recruitment Bonus Payment Program Acknowledgment Form, and adopt and incorporate by reference the Florida Department of Law Enforcement Affidavit of Separation Form. The new rules further require the Department to develop an annual plan for the administration of the Program and distribution of bonus payments and submit the plan to the Governor and the House and Senate Appropriations Committees.

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 Agency has previously reviewed the statutory requirements and determined that the proposed rules will not have an adverse impact or associated regulatory cost that exceeds any of the criteria set forth in section 120.541(2)(a), F.S.

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: 445.08(8) FS.

LAW IMPLEMENTED: 445.08 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Leslie Bryson, Department of Economic Opportunity, 107 E. Madison Street, MSC 110, Tallahassee, FL 32399, [e-mail], [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

73B-12.001 Definitions

For the purpose of this rule, the following definitions apply:

(1)“Affidavit of Separation” means the affidavit completed by a Criminal Justice Agency when a Law Enforcement Officer separates from employment from the agency and is maintained by FDLE.

(2)“Certification” means certification for employment or appointment as a Law Enforcement Officer pursuant to section 943.1395, Florida Statutes (F.S.).

(3) “Commission” means the Criminal Justice Standards and Training Commission within FDLE.

(4)“Criminal Justice Agency” has the same meaning as provided in section 119.011(4), F.S.

(5)“Department” or “DEO” means the Florida Department of Economic Opportunity.

(6) “Employing Agency” has the same meaning as provided in section 943.10(4), F.S.

(7)“FDLE” means the Florida Department of Law Enforcement.

(8)“Full-time Employment” means employment with a Criminal Justice Agency for a minimum of 30 hours per week.

(9) “Law Enforcement Officer” has the same meaning as provided in section 943.10(1), F.S.

(10)“Newly Employed Officer” means a person who gains or is appointed to Full-time Employment as a certified law enforcement officer with a Florida Criminal Justice Employing Agency on or after July 1, 2022, and who has never before been employed as a Law Enforcement Officer in this state.

(11)“Program” means the Florida Law Enforcement Recruitment Bonus Payment Program as described in section 445.08, F.S.

Rulemaking Authority 445.08(8) FS. Law Implemented 445.08 FS. History–New      .

 

73B-12.002 Eligibility

(1) To receive and retain a one-time recruitment bonus payment, a Newly Employed Officer must:

(a) Obtain Certification for employment or appointment as a Law Enforcement Officer pursuant to section 943.1395, F.S.;

(b) Gain Full-time Employment as a Law Enforcement Officer with a Florida Criminal Justice Employing Agency;

(c) Sign an acknowledgment form, which is incorporated herein, that must be provided to DEO by the Employing Agency certifying that the Newly Employed Officer understands the reimbursement requirements for failure to maintain the eligibility requirements of the Program; and

(d) Maintain continuous Full-time Employment with a Florida Criminal Justice Agency for at least two years from the date on which the Law Enforcement Officer obtained Certification. The required two-year employment period may be satisfied by maintaining employment at one or more Employing Agencies, but such period must not contain any break in service longer than 15 calendar days.

(2) In addition to the eligibility requirements listed in subsection (1) above, the Employing Agency must also certify in the Program portal that the Newly Employed Officer meets the eligibility criteria for receiving a one-time recruitment bonus payment.

Rulemaking Authority 445.08(8) FS. Law Implemented 445.08 FS. History– New      .

 

73B-12.003 Annual Plan

The Department will develop an annual plan for the administration of the Program and distribution of bonus payments, as described in section 445.08(4), F.S. The Department shall follow the annual plan for fiscal year 2022-2023 as submitted to the Governor’s Office of Policy and Budget and the chairs of the House and Senate Appropriations Committees no later than July 16, 2022. For fiscal years 2024 and 2025, DEO shall submit annual plans to the Governor’s Office of Policy and Budget and the chairs of the House and Senate Appropriations Committees no later than October 1st of each year.

Rulemaking Authority 445.08(8) FS. Law Implemented 445.08 FS. History–New      .

 

73B-12.004 Program Administration

(1) A one-time recruitment bonus payment of up to $5,000 may be made to a Newly Employed Officer, contingent on legislative appropriation. The initial recruitment bonus payment shall be based on the Department’s estimate of Newly Employed Officers for each fiscal year and shall be prorated if necessary.

(2) The Department shall estimate the number of Newly Employed Officers to gain or be appointed to full-time employment for each applicable fiscal year. The Department shall obtain records from FDLE for the five previous years and will make the estimate based on the FDLE figures.

(3) The Department shall publish the annual plans and describe the following procedural steps on its website:

(a) Communication between the Commission, the Department, and Employing Agencies regarding the administration of the Program;

(b) The application and intake process;

(c) The methodology for DEO’s review of applications;

(d) The issuance of recruitment bonus payments; and

(e) Acknowledgement of the eligibility and repayment requirements by Newly Employed Officers.

Rulemaking Authority 445.08(8) FS. Law Implemented 445.08 FS. History– New      .

 

73B-12.005 Audits

The Department will conduct audits of payments made to Newly Employed Officers to determine whether they remain eligible. These audits shall include a review of copies of Affidavits of Separation of Newly Employed Officers to be provided at least monthly to the Department by the Commission.

Rulemaking Authority 445.08(8) FS. Law Implemented 445.08 FS. History– New      .

 

73B-12.006 Reimbursements

(1) A recruitment bonus payment made pursuant to the Program must be reimbursed by the Law Enforcement Officer to the Department under either of the following circumstances:

(a) When the Law Enforcement Officer voluntarily separates from employment with an Employing Agency as indicated in the Law Enforcement Officer’s Affidavit of Separation and has a break in service of more than 15 days as indicated in the Law Enforcement Officer’s Global Profile Sheet maintained by FDLE.

(b) When the Law Enforcement Officer’s separation reason is indicated under 7D, 7E, or 7F in the Affidavit of Separation.

(2) The Department will send a determination letter to any Law Enforcement Officer who is required to reimburse a recruitment bonus pursuant to subsection (1) above, to the Law Enforcement Officer’s last-known mailing address. A Law Enforcement Officer who received a recruitment bonus payment is responsible for ensuring the Department has their most current mailing address. Reimbursement of a recruitment bonus must be made to DEO within 12 months of the date on the determination letter unless the Law Enforcement Officer receives approval in writing from the Department for an extension not to exceed six months.

Rulemaking Authority 445.08(8) FS. Law Implemented 445.08 FS. History– New      .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Keantha Moore, Bureau of One Stop & Program Support

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dane Eagle, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 28, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 11, 2022