Fla. Admin. Code R. 11B-27.002

Current through Reg. 50, No. 222; November 13, 2024

Section 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) Evidence of the applicant's age and citizenship verified by any of the following documents:

1. Copy of birth certificate; or

2. Copy of court documentation that attests to birth; or

3. Current and valid U.S. passport that indicates U.S. citizenship and birth date; or

4. Report of Birth Abroad of a Citizen of the United States, issued by a U.S. Consular Office; or

5. Certificate of Naturalization from the United States Department of Immigration and Naturalization.

(b) Evidence that the applicant is a high school graduate or its equivalent pursuant to Rule 11B-27.0021, F.A.C.

(c) Evidence that an applicant's fingerprints have been processed by the Federal Bureau of Investigation or the Florida Department of Law Enforcement, if identified as a single state offender or multi-state offender, pursuant to Rule 11B-27.00211, F.A.C.

(d) A Physician's Assessment, form CJSTC-75, revised August 13, 2020, effective 5/2021, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-14221, 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) Evidence, by verification of military records, that the individual has not received a dishonorable discharge from any of the Armed Forces of the United States, pursuant to paragraph 11B-27.0022(2)(c), F.A.C.

(f) An Affidavit of Applicant, form CJSTC-68, revised August 13, 2020, effective 5/2021, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-13129, executed by the applicant attesting that the applicant complies with the employment or appointment qualifications pursuant to Sections 943.13(1)-(10), F.S. Form CJSTC-68 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.

(g) Evidence that a thorough background investigation was conducted not more than one year prior to the date of employment or appointment as an officer or civilian officer trainee, pursuant to Rule 11B-27.0022, F.A.C. A thorough background investigation shall be conducted in conjunction with an officer's employment or appointment, regardless of existing evidence that a thorough background investigation of the officer was conducted for a previous employment or appointment.

(h) Evidence that the applicant has successfully completed a Commission-approved Basic Recruit Training Program, pursuant to Rules 11B-35.002 and 11B-35.003, F.A.C., or is exempt, pursuant to Rule 11B-35.009, F.A.C., and has achieved a passing score on the State Officer Certification Examination for the discipline for which certification is being sought pursuant to Section 943.13(10), F.S.

(2) The employing agency administrator is required, within 30 days of hire, to submit to Commission staff or electronically transmit through the Commission's Automated Training Management System (ATMS), and maintain on file a Registration of Employment Affidavit of Compliance, form CJSTC-60, revised August 13, 2020, effective 5/2021, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-13130, attesting to compliance by the employing agency with the following requirements. Form CJSTC-60 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) 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 August 13, 2020, effective 5/2021, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-13131, 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 August 13, 2020, effective 5/2021, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-13132, 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/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.

(b) Name changes shall be verified by the employing agency through verification of information on legal documents such as a marriage license or official name change documents. To document an officer's name change, a completed Name Change Application, form CJSTC-79, revised November 8, 2007, hereby incorporated by reference, and a copy of supporting documentation shall be submitted to Commission staff. Form CJSTC-79 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) Employment requirements pursuant to Section 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 (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. A Registration of Employment Affidavit of Compliance form CJSTC-60.

2. An Employment Background Investigative Report, form CJSTC-77, revised August 13, 2020, effective 5/2021, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-13134. Form CJSTC-77 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. An Affidavit of Applicant form CJSTC-68.

4. A Temporary Employment Authorization Statement, form CJSTC-65, revised November 5, 2015, effective 9/2016, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-07372. Form CJSTC-65 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.

5. Proof of age documentation.

6. Proof of citizenship documentation.

7. Legal document(s) for name change.

8. High School Diploma, GED, and Equivalency of Foreign and Non-Public High School Curriculum pursuant to subsection 11B-27.0021(1), F.A.C.

9. A copy of the most recently issued DD 214, or other official documents from the United States Military denoting the discharge status or copy of the officer's current military identification. Wording on the documentation shall indicate the discharge was any discharge other than dishonorable.

10. An FBI 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.

11. An Exemption-From-Training, form CJSTC-76, revised August 2, 2018, effective 7/2019, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-10751, and an Exemption-From-Training Proficiency Demonstration, form CJSTC-76A, revised August 2, 2018, effective 7/2019, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-10752, for previous Florida and out-of-state, federal, military officers, or special operations forces as defined in Section 943.10(22), F.S., 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/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

12. Results of the State Officer Certification Examination for training completed after June 30, 1993.

13. A Physician's Assessment form CJSTC-75 or equivalent.

14. Drug screen results of at least a 7-panel test pursuant to paragraph 11B-27.00225(2)(d), F.A.C.

15. An Affidavit of Separation, form CJSTC-61, revised August 18, 2022 effective 8/2023, incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-15516, 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) Commission staff shall conduct a re-inspection of the noted deficiencies, which shall be recorded on the Agency New Hire Report form CJSTC-207, within 90 days of the initial inspection.

1. If the deficiency(s) has been resolved prior to the re-inspection, Commission staff shall record the correction on form CJSTC-207.

2. If the deficiency(s) has not been resolved on or before the re-inspection date, the agency administrator shall provide Commission staff with a timeline for resolution of the noted deficiency(s) in the officer's file.

3. If the deficiency(s) noted in the officer's file remains unresolved, the Criminal Justice Standards and Training Commission Chairman shall notify the agency administrator, in writing, that the Registration of Employment Affidavit of Compliance form CJSTC-60, that has been signed by the agency administrator or its designee, confirming agency compliance with Section 943.133(2), F.S., is in fact not in compliance, and as such, is in violation of subparagraph 11B-27.0011(4)(c) 12., F.A.C., and Section 837.06, F.S.

4. If the deficiency(s) noted in the officer's file remains uncorrected, the name of the agency and the deficiency(s) noted shall be included in the Commission's quarterly report for further action.

(4)

(a) 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, and certification as an officer.

(b) An individual who fails to comply with the requirements in paragraph (4)(a) of this rule section, for the discipline in which the training was completed, within four years of the date of beginning such training, shall as a condition for obtaining employment, comply with the following:

1. 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, if applicable, completion of the Special Operations Forces Training Program, pursuant to Rule 11B-35.009, F.A.C., and

2. Achieve a passing score on the State Officer Certification Examination.

(5) Officer Separation from Employment or Appointment. An Affidavit of Separation form CJSTC-61, shall be completed by the employing agency and immediately transmitted via the Commission's ATMS or submitted to Commission staff. If the officer has met the requirements for certification, mandatory training, or firearms qualification at the time of separation the agency shall update the Commission's ATMS prior to separation. The certification of an officer shall become inactive upon separation from employment or appointment and will remain inactive until such time as the officer is employed or appointed by a criminal justice employing agency, provided the officer remains eligible for employment or appointment.

Fla. Admin. Code Ann. R. 11B-27.002

Rulemaking Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12(3), 943.13, 943.133, 943.139, 943.1395 FS.

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, Amended by Florida Register Volume 41, Number 135, July 14, 2015 effective 7/29/2015, Amended by Florida Register Volume 42, Number 164, August 23, 2016 effective 9/4/2016, Amended by Florida Register Volume 43, Number 168, August 29, 2017 effective 9/14/2017, Amended by Florida Register Volume 44, Number 148, July 31, 2018 effective 8/15/2018, Amended by Florida Register Volume 45, Number 123, June 25, 2019 effective 7/9/2019, Amended by Florida Register Volume 46, Number 078, April 21, 2020 effective 5/5/2020, Amended by Florida Register Volume 47, Number 086, May 4, 2021 effective 5/20/2021, Amended by Florida Register Volume 48, Number 115, June 14, 2022 effective 6/26/2022, Amended by Florida Register Volume 49, Number 158, August 15, 2023 effective 8/30/2023.

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, 8-30-23.