Fla. Admin. Code R. 11B-27.00213

Current through Reg. 50, No. 244; December 17, 2024
Section 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) A TEA shall only be issued pursuant to Section 943.131, F.S. Individuals hired on a TEA shall comply with the firearms training program established by Section 943.17(1)(a), F.S.
(a) Pre-Training TEA. Individuals employed or appointed on a pre-training TEA shall:
1. Begin a Commission-approved Basic Recruit Training Program within 180 days of being placed on a TEA;
2. Successfully complete eight hours of firearms training, which shall include demonstration of proficiency in the presence of a Commission-certified firearms instructor.
3. Successfully complete a Commission-approved Basic Recruit Training Program within 18 months of beginning the training program.
4. Achieve a passing score on the State Officer Certification Examination (SOCE) within 180 days from the date that basic recruit training was completed.
5. To employ or appoint an individual on a TEA, who has not completed a Commission-approved Basic Recruit Training Program, the employing agency shall document circumstances for the critical need to employ or appoint such individual on a Temporary Employment Authorization Statement form CJSTC-65, which shall be maintained in the officer's file at the employing agency.
(b) Post-training TEA. Individuals employed or appointed on a post-training TEA shall:
1. Have completed a Commission-approved Basic Recruit Training Program and is waiting to take the next scheduled SOCE.
2. Have 180 days from the completion date of the Basic Recruit Training Program or commencement of employment, whichever is later, to achieve a passing score on the SOCE.
(c) A TEA shall terminate if a basic recruit student fails to pass the Basic Recruit Training Program.
1. If a basic recruit student fails a course in the Basic Recruit Training Program, the student shall be permitted to remain on the TEA while retaking the failed course; and,
2. Shall be required to enroll in the next available course to complete the Basic Recruit Training Program.
(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) Classroom Training:

1. Range Safety Rules

1 Hour

2. Legal Aspects of Firearms

2 Hours

3. Introduction to Primary Service Weapon

2 Hours

4. Chemical Agents

1 Hour

5. Introduction to Alternate Service Weapon

2 Hours

Total Hours

8 Hours

(b) Firearms Range Training. The trainee's proficiency demonstration shall be documented on a Handgun Performance Evaluation, form CJSTC-4, revised August 18, 2022, effective 8/2023, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-15509, 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 semi-automatic pistol using the Commission's Basic Recruit Training Firearms Proficiency Skills, pursuant to form CJSTC-4, and the form shall be maintained in the trainee's file at the employing agency.
(3) The Commission shall separate an officer from employment, through the Commission's ATMS, if the officer's TEA exceeds 180 days without enrollment in a Commission-approved Basic Recruit Training Program, fails to complete a Commission-approved Basic Recruit Training Program within 18 months, or the officer has failed to achieve a passing score on the SOCE within 180 consecutive days after successful completion of a Basic Recruit Training Program.
(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) The individual was previously certified as a full-time or part-time officer; or
(b) The individual has not been employed on TEA in the same discipline more than two times within any four-year period.
(5) Individuals employed on a TEA, pursuant to Section 943.131, F.S., are subject to disciplinary action by the Commission.

Fla. Admin. Code Ann. R. 11B-27.00213

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.

New 11-5-02, Amended 11-30-04, 3-27-06, 6-9-08, 9-28-09, 6-3-10, 3-13-13, Amended by Florida Register Volume 42, Number 164, August 23, 2016 effective 9/4/2016, 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 11-5-02, Amended 11-30-04, 3-27-06, 6-9-08, 9-28-09, 6-3-10, 3-13-13, 9-4-16, 6-26-22. 8-30-23.