Ref-02234 CJSTC-59, Officer Certification Application for Rule 11B-27.002(2)(a)

Description:

CJSTC-59, Officer Certification Application

Related Rules

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

Related Notices

• 15814315.permanent waiver of Rule 11B-27.002(2)(a), F.A.C. which states: For law enforcement, correctional, and correctional probation officer applicants who have not been previously certified and who have complied with the certification requirements pursuant to Sections 943.13(1)-(10), F.S., the employing agency shall certify to the Commission that the applicant is eligible for certification by submitting to Commission staff or electronically transmitting through the Commission’s Automated Training Management System (ATMS), a completed Officer Certification Application, form CJSTC-59, revised December 16, 2010 (effective 3/2013), hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-02234, within 30 days of the applicant’s compliance with the certification requirements, notwithstanding whether the applicant is separated from employment. Upon receipt of an Officer Certification Application Deficiency Notification, form CJSTC-259, revised November 8, 2007, hereby incorporated by reference, the employing agency shall maintain on file, a copy of form CJSTC-59 and any other employment documentation. Forms CJSTC-59 and CJSTC-259 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 (850) 410-8615. The employing agency shall submit a copy of form CJSTC-259 and the missing or deficient documentation to Commission staff within 90 days of the date the form was signed and issued to the agency. Failure by the employing agency to submit missing or deficient documentation within the required 90 days may result in denial of an applicant’s request for certification. An officer applicant shall not work as a sworn officer prior to meeting the requirements of Section 943.13, F.S., except as authorized pursuant to Section 943.131, F.S. Petitioner also seeks a permanent waiver of Rule 11B-27.002(4), F.A.C. which states: Within four years of the beginning date of a Commission-approved Basic Recruit Training Program, an individual shall successfully complete the program, achieve a passing score on the applicable State Officer Certification Examination, and gain employment as an officer. An individual who is not employed as an officer in the discipline for which training was completed, within four years of the date of beginning such training, shall, as a condition for obtaining employment or appointment, comply with the following requirements: (a) Successfully complete a Commission-approved Basic Recruit Training Program pursuant to Rule 11B-35.002, F.A.C., or qualify for an exemption from a Commission-approved Basic Recruit Training Program, pursuant to Section 943.131(2), F.S., to include demonstration of proficiency in the High-Liability Basic Recruit Training Courses pursuant to Rule 11B-35.0024, F.A.C.; and (b) Achieve a passing score on the State Officer Certification Examination. Petitioner states that Reserve Officer Mark A. Wolfe attended and successfully completed the 360 hour Auxiliary Law Enforcement Core Course, sequence number 31-2006-211-2 at the Northeast Florida Criminal Justice Center between September 26, 2006 to March 20, 2007. Petitioner states that due to a clerical ommission, Reserve Officer Wolfe’s required drug screen was never entered as completed therefore, the Jacksonville Sheriff’s Office never oficially certified him as an auxiliary officer with the department. Petitioner states that Reserve Officer Wolfe has been an exemplary employee since 2007, earning the rank of Sergeant within the Reserve/Auxiliary Unit and has volunteered over 1,722 hours to the department. Petitioner states that once it was discovered that Reserve Officer Wolfe’s drug screen paperwork was missing, he attempted to acquire a copy of the drug screen from the provider without success due to a change in ownership. Petitioner states that Officer Wolfe was however able to acquire a copy of a receipt showing payment for the drug screen. Petitioner states that more than four years have elapsed since Reserve Officer Wolfe attended the acadamy however, he has maintained all FDLE and Jacksonvilee Sheriff’s Office mandated training requirements. Petitioner states that forcing Reserve Officer Wolfe to comply with the rule and re-take the entire 360 hour basic course because of a mistake by the Jacksonville Sheriff’s Office would create a substantial hardship; violate principles of fairness; and, affect Reserve Officer Wolfe in a manner significantly different from the way it affects other similarly situated persons who are subject to the rule. Petitioner states that granting of the waiver would serve the purposes of the underlying statute.
• 18895229.a temporary waiver of Rule 11B-27.002(2)(a), F.A.C., from Amazing Sales. Petitioner wishes to temporarily waive that portion of the Rule that states: For law enforcement, correctional, and correctional probation officer applicants who have not been previously certified and who have complied with the certification requirements pursuant to Sections 943.13(1)-(10), F.S., the employing agency shall certify to the Commission that the applicant is eligible for certification by submitting to Commission staff or electronically transmitting through the Commission’s Automated Training Management System (ATMS), a completed Officer Certification Application, form CJSTC-59, revised December 16, 2010 (effective 3/2013), hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-02234, within 30 days of the applicant’s compliance with the certification requirements, notwithstanding whether the applicant is separated from employment. Upon receipt of an Officer Certification Application Deficiency Notification, form CJSTC-259, revised November 8, 2007, hereby incorporated by reference, the employing agency shall maintain on file, a copy of form CJSTC-59 and any other employment documentation. Forms CJSTC-59 and CJSTC-259 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/cms/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615. The employing agency shall submit a copy of form CJSTC-259 and the missing or deficient documentation to Commission staff within 90 days of the date the form was signed and issued to the agency. Failure by the employing agency to submit missing or deficient documentation within the required 90 days may result in denial of an applicant’s request for certification. An officer applicant shall not work as a sworn officer prior to meeting the requirements of Section 943.13, F.S., except as authorized pursuant to Section 943.131, F.S. In justification of his petition for waiver, Petitioner asserts that he was employed and certified as a law enforcement officer until April 18, 2013, after which he obtained employment with the Department of Justice. Petitioner further asserts that he received an offer of employment from the Palm Beach Sheriff’s Office but was unable to complete the hiring process prior to April 18, 2017. On this date, Petitioner’s certification expired due to a four-year break in service. Petitioner alleges that, should the waiver not be granted, Petitioner will suffer a substantial hardship as he would be unable to obtain employment as a law enforcement officer until completes the Equivalency of Training program and passes another State Officer Certification Examination.
• 22915782.Sub-paragraph 11B-27.0011(4)(b)1., F.A.C.: Amends current rule language to add the following charges to the list of misdemeanor moral character violations and associated penalty guidelines: “second refusal to submit to a physical test of breath, blood, or urine”, “possession of certain drugs without prescriptions”, and “installation of tracking devices or applications”. Paragraph 11B-27.002(1)(f), F.A.C.: Incorporates the revised Affidavit of Application, form CJSTC-68, to update the employment requirements and clarify that an applicant must be at least 18 years of age for correctional officer or 19 years of age for all others. Paragraph 11B-27.002(2)(a), F.A.C.: Incorporates the revised Officer Certification Application, form CJSTC-59, and the Officer Certification Deficiency Notification, form CJSTC-259, pursuant to HB 7057 which lowers the age of corrections officers to 18. Subsection 11B-27.002(5), F.A.C.: Clarifies post-separation action regarding certification by adding language to confirm the status of an officer’s certification upon separation from employment. Subsection 11B-27.00212(14), F.A.C.: Incorporates the revised Law Enforcement Officer Firearms Qualification Standard, form CJSTC-86A, which combines the repealed Mandatory Firearms Training Report, form CJSTC-86, into the form to document compliance with the firearms standard. Paragraph 11B-27.00212(14)(b), F.A.C.: Combines the repealed Mandatory Firearms Training Report, form CJSTC-86, into the revised Law Enforcement Officer Firearms Qualification Standard, form CJSTC-86A, to document compliance with the firearms standard. Subsection 11B-27.00212(16), F.A.C.: Adds a new rule section to require all law enforcement officers to complete a Commission-approved course in Identifying and Investigating Human Trafficking, pursuant to the implementation of House Bill 851. Subsection 11B-27.0022(4), F.A.C.: Provides direction and consistency for employing agencies due to the variances that can occur during the arbitration process and adds language to establish what actions an employing agency must take when reemploying an officer following arbitration. Sub-paragraphs 11B-27.005(5)(a)3.-20., F.A.C.: Modifies and renumbers the list of violations and penalties that constitute felony offenses by changing the felony charge of “grand theft”; and adding the felony charges of “sexual misconduct” and “possession of certain drugs without prescriptions”. Sub-paragraph 11B-27.005(5)(a)3., F.A.C.: Changes the penalty guideline for the felony charge of “grand theft” which currently limits the possibilities for settlements for this charge when the circumstance of the case may not rise to the level of revocation. Sub-paragraph 11B-27.005(5)(a)19., F.A.C.: Adds an enumerated penalty guideline for the felony charge of “sexual misconduct” which prohibits any employee of the Department of Corrections or a private correctional facility from engaging in sexual misconduct with an inmate or an offender supervised by the department in the community, without committing the crime of sexual battery. Sub-paragraph 11B-27.005(5)(a)20., F.A.C.: Adds the enumerated penalty guideline for the felony charge of “possession of certain drugs without prescriptions” with the intent to sell, dispense, or deliver, pursuant to Section 499.03, F.S. Sub-paragraph 11B-27.005(5)(b)10., F.A.C.: Revises the enumerated penalty guidelines for the misdemeanor moral character violation of “driving or boating under the influence” as outlined in Florida Statutes. Sub-paragraphs 11B-27.005(5)(b)18.-20., F.A.C.: Adds the enumerated penalty guideline for the misdemeanor moral character violations of “second refusal to submit to a physical test of breath, blood, or urine”; “installation of tracking devices or applications”; and “possession of certain drugs without prescriptions”, pursuant to Section 499.03, F.S. Subsection 11B-27.005(10), F.A.C.: Clarifies how the Commission may discipline individuals employed on a TEA and are found to have committed a moral character violation. Subsection 11B-27.005(11), F.A.C.: Expands the rule allowing the Commission to discipline individuals who are employed on a TEA and are found to have committed an act or acts establishing a “lack of good moral character” and are terminated from employment prior to certification. Paragraph 11B-27.014(1)(d), F.A.C.: Adds rule language to allow correctional officers to qualify under the USCA 926B(c) or 926C(c), pursuant to the implementation of House Bill 7125. Paragraph 11B-27.014(2)(b), F.A.C.: Revises the Firearms Proficiency Verification Card, form CJSTC-600, to remove language referencing law enforcement officers, pursuant to the implementation of House Bill 7125; and changes the reference to the federal act which was amended.