Section 11B-27.0022 - Background Investigations(1) Pursuant to Section 943.133, F.S., and Rule 11B-27.0011, F.A.C., the employing agency shall conduct a thorough background investigation of each applicant. The employing agency shall provide evidence that a complete background investigation was conducted, pursuant to the requirements on the Employment Background Investigative Report form CJSTC-77, 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 complete 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. The agency shall maintain in the applicant's file at the employing agency a summary of the background investigation findings, signed and dated by the investigator and the agency administrator or designee. The summary shall verify the following information:(a) Prior criminal justice employments of the applicant and the facts and reasons for any prior separations of employment. An officer applicant's prior criminal justice employments shall be verified, including an applicant with no previous Florida employment as an officer.(b) Processed applicant fingerprint responses on file reflecting state and national criminal history record checks. If the processed applicant fingerprint response has not yet been received, the agency shall maintain on file the FCIC/NCIC criminal history and wanted person responses.(c) Evidence that a urine sample furnished by the applicant was analyzed for the presence of controlled substances, or evidence thereof, pursuant to Rule 11B-27.00225, F.A.C. In cases where an applicant's urine sample is found to contain a controlled substance or evidence thereof, upon the completion of the analysis procedures pursuant to Rule 11B-27.00225, F.A.C., the employing agency shall, if requested by the applicant, permit the applicant to provide to the employing agency evidence that the applicant lawfully used or ingested the said controlled substance.(d) The applicant is of good moral character.(2) The employing agency shall, at a minimum, use the following background investigation procedures: (a) Obtain previous employment data from prior employers. Criminal justice agencies conducting background investigations have the option of using the Authority for Release of Information, form CJSTC-58, revised August 13, 2020, effective 5/2021, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-13137, pursuant to Sections 943.134(2) and (4), F.S., hereby incorporated by reference. Form CJSTC-58 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) Research military records. A copy of the most recently issued DD 214, or other official separation document(s) from the United States Military denoting the discharge status or a copy of the officer's current military identification, shall be maintained in the officer's file at the employing agency. The agency shall document contact with the applicant's commanding officer or designee if the applicant is currently serving on a active duty or military reserve to ensure the applicant is compliant with military regulations. Wording on the documentation shall indicate the discharge was any discharge other than dishonorable. A military discharge that is other than an honorable discharge, shall be investigated by the agency. The agency shall submit a Request Pertaining to Military Record, form OMB No. 3095-0029.(c) Verify the applicant's response regarding prior history of unlawful conduct through a Florida Crime Information Center and National Crime Information Center records and warrants check.(d) Verify the applicant's response regarding unlawful drug use pursuant to subsection 11B-27.0011(2), F.A.C.(3) The employing agency shall submit or electronically transmit to Commission staff through the Commission's ATMS, a Registration of Employment Affidavit of Compliance form CJSTC-60. The agency shall also submit to Commission staff a completed Employment Background Investigative Report form CJSTC-77, for each officer employed or appointed. The original form CJSTC-77 that has been signed and dated by the investigator and the agency administrator or designee shall be retained in the applicant's file.(4) If an officer is separated from an agency and is subsequently reemployed or reappointed through a grievance process, regardless of the conditions set by a hearing officer or by an agreement between the agency and the officer, the employing agency shall, at a minimum, use the following background investigation procedures prior to reemploying or reappointing the officer:(a) Conduct a fingerprint background check, pursuant to the procedures in Rule 11B-27.00211, F.A.C.(b) Have the officer tested for controlled substance use, pursuant to Rule 11B-27.00225, F.A.C.(c) Verify the officer complies with maintenance of officer certification requirements, pursuant to Rule 11B-27.00212, F.A.C.Fla. Admin. Code Ann. R. 11B-27.0022
Rulemaking Authority 943.03(4), 943.12(1), 943.133 (3) FS. Law Implemented 943.133, 943.139 FS.
New 10-6-82, Amended 1-7-85, Formerly 11B-27.022, Amended 7-13-87, 10-17-90, 5-13-92, 5-14-92, 12-13-92, 9-5-93, 8-7-94, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 11-30-04, 3-27-06, 3-21-07, 6-9-08, 6-3-10, 3-13-13, 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.New 10-6-82, Amended 1-7-85, Formerly 11B-27.022, Amended 7-13-87, 10-17-90, 5-13-92, 5-14-92, 12-13-92, 9-5-93, 8-7-94, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 11-30-04, 3-27-06, 3-21-07, 6-9-08, 6-3-10, 3-13-13, 5-5-20, 5-20-21.