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AGENDA
ITEM 1.
Respectfully submit the minutes of the March 23, 1999 Cabinet Meeting
for approval. (See Attachment
1.) RECOMMEND
APPROVAL ITEM 2.
Respectfully submit the Florida Department of Law Enforcement Quarterly
Performance Report: 3rd Quarter FY 1998/99 April 1999; CONTRACTS,
AGREEMENTS, AND PURCHASES OVER $25,000 FOR JANUARY - MARCH 1999 attached. (See Attachment
2.) RECOMMEND
APPROVAL ITEM 3.
Pursuant to 120.54(3)(a)(1), F.S., prior to the filing of agency rules
for final adoption, the rules shall be approved by the agency head. Respectfully
submit the following rules for final adoption in Title 11 of the Florida
Administrative Code. (See Attachment
3.) 11-1. Sections of Rule Chapter 11-1, F.A.C., describe the powers and duties, public access and dissemination of public records information of the Florida Department of Law Enforcement. The rule sections dealing with public record inspection are repealed because the sections are duplicative of Chapter 119, F.S. Proposed revisions to Rule 11-1.0041, F.A.C., provide for the delegation of authority by the Governor and Cabinet, as Head of the Florida Department of Law Enforcement, to the Executive Director or the Director's designee, to implement the provisions of the Administrative Procedure Act, Chapter 120, F.S. The proposed amendments raise the amount required to be approved by the Head of the Department from $25,000.00 to $100,000.00 for professional and consulting contracts, and the compromise and settlement of claims, actions and other legal proceedings. The amendment also raises the amount required to be reported by the Executive Director to the Department Head from $25,000.00 to $100,000.00 for expenditures involving all contracts, leases, lease-purchases, licenses, and agreements. Other terms are updated to conform to the agency's new organizational designations. The proposed amendments to Rule 11-1.0041, F.A.C., Confirmation and Delegation of Authority, are necessary to eliminate administrative rules that are redundant, obsolete, or superseded by statute or rule, to comport with the statutory requirements of Chapter 120, F.S., and to update agency procedures for the delegation of authority and reporting requirements for contracts, leases, lease-purchases, licenses and agreements. 11-1.001. Agency Description. 11-1.002 Headquarters, Mailing Address, Etc. 11-1.003 Department Internal Organization 11-1.004 Powers and Duties of Department 11-1.0041 Confirmation and Delegation of Authority 11-1.005 Relations with Other Officers and Agencies 11-1.0061 Public Information and Inspection and Copying of Records 11-1.008 Public Business 11-1.010
Vouchers (See pp.
1-3 and pp. 1455-1457.) 11-3. The proposed repeal of all sections in Rule Chapter 11-3, F.A.C., relating to the meetings of the Governor and Cabinet as the head of the Florida Department of Law Enforcement comports with the requirements of Chapter 120, F.S., in repealing rules that are redundant obsolete or superseded by statute. 11-3.001 Application of Rules 11-3.02 Membership of Florida Cabinet 11-3.03 Meetings and Notice 11-3.004 Presiding Officer 11-3.005 Quorum 11-3.006 Agendas 11-3.007 Distribution of Agendas 11-3.008 Recording of Proceedings 11-3.009 Minutes 11-3.010 Order of Procedure 11-3.011 Quarterly Reports 11-3.012 Agency Action 11-3.013 Voting 11-3.014 Amendment to Rules 11-3.015
Parliamentary Matters (See p.
4 and pp. 1457-1458.) 11-4. The proposed repeal of all sections in Rule Chapter 11-4, F.A.C., relating to model rules, councils within the Department of Law Enforcement, and declaratory statements that are redundant, obsolete or superseded by statute is necessary to conform to the requirements of s. 120.74. F.S. 11-4.001 Model Rules Adopted; Exceptions 11-4.002 Ex Parte Communication 11-4.003 Councils Within Department 11-4.004
Declaratory Statements (See p.
5 and pp. 1458-1459.) 11-5. Rule Chapter 11-5 regulates the procurement of commodities, contractual services, architectural and construction contracts with certified minority business enterprises. The proposed repeals of Rule 11-5.001 - 5.003, F.A.C., Minority Business Procurement, are necessary to conform to Chapter 120, F.S. The rule chapter is redundant of s. 287.0943, F.S., and is superseded by Chapter 1S-6, F.A.C. 11-5.001 Purpose and Scope 11-5.002 Procurement Goals 11-5.003
Procedures (See p.
6 and pp. 1459-1460.) 11.6 Rules 11-6.001 through 6.002, F.A.C., describe the purpose and procedures pertaining to the indexing of Final Agency Orders. Per s. 120.53(1)(e)-(h), F.S., these procedures will be included in the Department's Policy and Procedure's Manual. Rules 11-6.002 through 6.011, F.A.C., are redundant, obsolete or superseded by statute. The repeal of this rule chapter complies with the statutory changes in Chapter 120, F.S. 11-6.001 Authority 11-6.002 Purpose 11-6.003 Public Inspection and Duplication 11-6.004 Final Orders Required to Be Indexed 11-6.005 Listing of Final Orders 11-6.006 Numbering of Final Orders 11-6.007 System for Indexing Final Orders 11-6.008 Designation of Records Keeper 11-6.009 Maintenance of Records 11-6.010 Plan for Public Access 11-6.011
Format for Final Agency Order (See p.
7 and pp. 1460-1461.) 11A-1. Rule Chapter 11lA-1, F.A.C., Division of Criminal Justice Standards and Training, which addresses the organization of the Criminal Justice Professionalism Program concerning the Division Director, Division Organization and Duties, the Director's Office, the Bureau of Standards, the Bureau of Training, and the Commission's policies and procedures. The proposed rule repeal is necessary to conform to the requirements of s. 120.74. F.S., to eliminate administrative rules that are redundant, obsolete or superseded by statute or rule. 11A-1.001 Division Director 11A-1.002 Division Organization and Duties 11A-1.003
Director's Office (See p.
8 and pp. 1461-1462.) 11A-6. Rule Chapter 11A-6, F.A.C., Division of Criminal Justice Standards and Training, addresses the organization of the Criminal Justice Professionalism Program concerning the general organization, history and purpose, general description of agency organization and operation, agency head, public information and inspection of records, notice of rulemaking procedures, Commission quorum, meetings, notice of meetings, emergency meetings, workshops and agenda, and declaratory statement. Repeal of the rule is necessary to conform to the requirements of s. 120.74. F.S., to eliminate administrative rules that are redundant, obsolete, or superseded by statute or rule. 11A-6.001 History and Purpose 111A-6.0011
General Description of Agency Organization and Operation 11A-6.009
Notice of Meetings (See p.
9 and pp. 1462-1463.) 11B-14. Rule Chapter 11B-14, F.A.C., is being revised to incorporate housekeeping revisions due to Legislative amendments to Chapter 943, F.S., to inform agencies of specific forms that can be electronically submitted, and to inform agencies of documentation required for enrollment and receipt of Salary Incentive monies. The purpose and effect of the proposed rule revisions are to add and correct statute and rule references; to make grammatical revisions; to clarify current rule language; to revise the Commission-approved training institution listing allowed to deliver Specialized Training Programs for Advanced Training and Salary Incentive credit; to clarify rule language concerning written request for Salary Incentive credit; to comply with 1998 Legislation amending Section 943.09, F.S., changing the name of the "Division of Criminal Justice Standards and Training" to the "Criminal Justice Professionalism Program"; and to comply with 1998 Legislation amending Section 943.10(12), F.S., changing the reference of "Division" to "Program." Pursuant with Section 943.09, F.S., program staff are also Commission staff who support the Commission. Therefore the reference to "Division" has been changed in Rule Chapter 11B-14 to "Commission staff." To remove rule language requiring Commission staff to issue an employing agency documentation that identifies the amount of educational Salary Incentive monies an officer is eligible to receive and the effective date payment begins; to allow form CJSTC-63 to be submitted or the information on the form electronically transmitted through the Automated Training Management System II computerized records system; to clarify the documentation process for receipt of Salary Incentive monies; and to clarify the documentation process to begin receipt of Salary Incentive monies. 11B-14.001
Definitions (See pp.
10-12 and pp. 1463-1466.) 11B-18. Rule Chapter 11B-18, F.A.C., is being revised to incorporate housekeeping revisions due to Legislative revisions, to comply with Chapter 943, F.S., regarding definitions, and to revise rule language and implement new policy regarding regional training areas, Regional Training Councils, expenditure of trust funds, trust fund reports, and the responsibility of Regional Training Councils. The purpose and effect of the proposed rule revisions are to add and correct statutory references; to clarify current rule language; to incorporate grammatical revisions; to comply with Section 943.10, F.S., regarding correct name cites; to comply with 1998 Legislation amending Section 943.09, F.S., changing the name of the "Division of Criminal Justice Standards and Training," to the "Criminal Justice Professionalism Program"; to comply with 1998 Legislation amending Section 943.10(12), F.S., changing the reference of "Division" to "Program." Pursuant to Section 943.09, F.S., program staff are also considered Commission staff who support the Commission, therefore the reference to "Division" has been changed in Rule Chapter 11B-18, F.A.C., to "Commission staff"; to comply with Section 943.10, F.S., regarding the correct name for training schools when referring to trust funds, i.e., "Public certified criminal justice training schools"; to add definitions to Rule 11B-18.003, F.A.C.; to revise state agency names referred to in Rule 11B-18.005, F.A.C.; to revise the composition of Local Regional Training Councils, to define reporting periods for trust fund reports; and to add form names and numbers. 11B-18.003
Operational Definitions (See pp.
13-15 and pp. 1466-1475.) 11B-20. Rule Chapter 11B-20, F.A.C., is being revised to incorporate housekeeping revisions due to Legislative revisions, and to revise rule language and implement new policy regarding the minimum requirements for certification as a Commission-certified criminal justice training instructor. The purpose and effect of the proposed rule revisions are to correct and add rule and statute references; to clarify existing rule language; to incorporate grammatical corrections; to comply with statutory name cites and language in Section 943.10, F.S.; to clarify the requirements for certification as a Commission-certified criminal justice training instructor; to comply with 1998 Legislation amending Section 943.09, F.S., changing the name of the "Division of Criminal Justice Standards and Training," to the "Criminal Justice Professionalism Program," and amending Section 943.10(12), F.S., changing the reference of "Division" to "Program." Pursuant to Section 943.09, F.S., program staff are also Commission staff who support the Commission. Therefore the reference to "Division" has been changed in Rule Chapter 11B-20 to "Commission staff"; to add "designee" for signature authority on the CJSTC-71 form; incorporation of form CJSTC-271; to add form 7A for performance evaluations of instructors, to reference that law topics can be found in the Commission Policies and Procedures Manual; to update requirements for completing First Responder Instructor Qualifications; to require that training schools permanently document receipt of completed renewal applications on the face of the renewal application; and to allow training center directors to exempt specialized topic instructors from general instructor certification, based on the instructors' education, professional credentials, training, work experience, and/or employment qualifications. 11B-20.001
Minimum Requirements for Certification of Instructors (See pp.
16-18 and p. 1475-81.) 11B-21. Rule Chapter 11B-21, F.A.C., is being revised to incorporate housekeeping revisions due to Legislative revisions to Chapter 943, F.S., clarify existing rule language regarding reapplication for criminal justice training school certification and criminal justice training school requirements for certification; and to incorporate technical revisions regarding statute and rule cites, spelling, and grammar. The purpose and effect of the proposed rule revisions are to correct and add rule and statutory references; to comply with statutory language in Section 943.10, F.S., regarding the correct name cite for training schools; to comply with 1998 Legislation amending Section 943.09, F.S., changing the name of the "Division of Criminal Justice Standards and Training," to the "Criminal Justice Professionalism Program"; to comply with 1998 Legislation amending Section 943.10(12), F.S., changing the reference of "Division" to "Program." Pursuant to Section 943.09, F.S., program staff are also Commission staff who support the Commission. Therefore the reference to "Division" has been changed in Rule Chapter 11B-21 to "Commission staff"; to reconstruct sentences for rule clarification; to incorporate grammatical revisions; to replace "may and must" with "shall," when applicable; to repeal Rule 11B-21.010, F.A.C., due to lack of statutory authority; to clarify that any school denied Commission certification may reapply or petition the Commission for certification; to add new language to Rules 11B-21.017(2), and 11B-21-018(4), F.A.C., giving direction to training entities regarding reapplication with the Commission to become a Commission-certified criminal justice training school; to delete references to repealed rules, and to reference the Department of Education's State Requirements for Educational Facilities (SREF) pursuant to Rule 6A-2.0111, F.A.C., for compliance with building codes for educational facilities. 11B-21.001
Advisement 11B-21.010 Official Inquiry 11B-21.017 Denial of Certification or Renewal of Certification 11B-21.018
Revocation of Certification (See pp.
19-21 and pp. 1481-1486.) 11B-27. Rule Chapter 11B-27, F.A.C. is being revised to incorporate housekeeping revisions due to amendments to Section 943, F.S.; to incorporate new forms; to update procedures for existing forms; and to clarify rule language and implement new policy concerning moral character, certification and employment, background investigations, controlled substance testing procedures, revocation or disciplinary actions, disciplinary guidelines and range of penalties, aggravating circumstances and canine team certification. The purpose and effect of the proposed rule revisions are to add and correct rule and statutory references; to make grammatical revisions; to reconstruct sentences for clarification of rule language; to comply with Section 943.10, F.S., regarding correct name cites; to comply with 1998 Legislation amending Section 943.09, F.S., changing the name of the "Division of Criminal Justice Standards and Training," to the "Criminal Justice Professionalism Program;" and to comply with 1998 Legislation amending Section 943.10(12), F.S., changing the reference of "Division" to "Program." Pursuant to Section 943.09, F.S., program staff are also Commission staff who support the Commission. Therefore the reference to "Division" has been changed in Rule Chapter 11B-27 to "Commission staff" to comply with statutory language in Section 943.10, F.S.; to clarify the acts or conduct that constitute perpetration by an officer; to implement a system to verify employing agency data with officer data entered into the Commission's automated training management system (ATMSII); to add form CJSTC-61A, which is the second page of the Affidavit of Separation form CJSTC-60, which is required to be completed by agencies; to define the difference between a Standard and Special diploma for the purpose of becoming a certified criminal justice officer; to amend Rule 11B-27.00225, F.A.C., to bring the Commission's drug testing policy into compliance with the Florida Drug-Free Workplace Act for the purpose of remaining consistent without constant revision of Commission rule; to implement a new Mandatory Retraining Program regarding the new 8-hour block of human diversity mandatory retraining; to change the hourly requirement for mandatory retraining from 16 hours every four years to 8 hours every four years concerning human diversity; to change the name of the Certification Examination Review Course to the Officer Certification Examination Qualification Course, which is required to be completed as a prerequisite for certificate reactivation and reemployment of an officer; to require an employing agency to conduct, complete, and forward to the Commission an internal investigation report, which shall contain an official disposition even though the officer under investigation separates from employment by voluntary resignation, retirement, and or termination; to revise penalties imposed upon officers who have violated Section 943.13(7), F.S., Good Moral Character; to add new language that allows an alternative signature for canine instructors' applications; to require specific canine records and documentation; to incorporate form CJSTC-83, General Duty K-9 Team Proficiency Examination; to incorporate the "Recommended Use of Force and Levels of Resistance Matrix"; to incorporate into the Criminal Justice Policies and Procedures Manual the following forms: the Temporary Employment Authorization form CJSTC-65, the FBI Applicant Fingerprint Card form FD258, the Application for Certification form CJSTC-59, and the CJSTC-270 Application for K-9 Team Certification Deficiency Notification for recording certification deficiencies. The CJSTC-59 form has been added as a new form to differentiate between registering an applicant for employment and applying for certification, and will be required upon meeting the requirements of Section 943.13 (1) through (10), F.S.; to delete the reference to "periodic reports to the Commission" regarding the reported status of each officer probation period; to allow the following forms to be submitted, or information on the form to be electronically transmitted: Fingerprint Notification form CJSTC-62, Affidavit of Separation form CJSTC-61, Equivalency of Foreign/Non-Public High School Curriculum form CJSTC-35, Affidavit of Compliance form CJSTC-60, Employment Background Investigation Report form CJSTC-77, and Mandatory Retraining form CJSTC-74; to correct rule titles and other significant titles within Rule Chapter 11B-27, F.A.C.; to add "false statements" to the list of felony offenses and to rename existing offenses; to revise the list of penalties imposed by the Commission for acts or conduct that do not constitute a crime; and to revise the list of aggravating circumstances to support the Commission's deviation from the established disciplinary guidelines. 11B-27.0011 Moral Character 11B-27.002 Certification 1LB-27.0021 High School Graduation or Equivalent 11B-27.0022 Background Investigations 11B-27.00225 Controlled Substance Testing Procedures 11B-27.0023 Issuance and Maintenance of Certification 11B-27.0026 Reactivation of Certificate 11B-27.003 Duty to Report, Investigations, Procedures 11B-27.004 Probable Cause Determination 11B-27.005 Revocation of Disciplinary Actions; Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances 11B-27.007 Denial of Certification 11B-27.010 Default 11B-21.011 Recommended Order 11B-27.013
Canine Team Certification (See pp.
22-25 and pp. 1486-1503.) 11B-30. Rule Chapter 11B-30, F.A.C., is being revised to incorporate housekeeping revisions due to amendments to Chapter 943, F.S., to transfer portions of rule language from Rule 11B-30.0045, F.A.C., to Rule 11B-35.0085, F.A.C., to change the name of the Rule Chapter from "Examinations" to "Officer Certification Examination," to revise rule section titles, and to clarify rule language and implement new policy for the examination administration and application requirements to sit for the Officer Certification Examination. The purpose and effect of the proposed rule revisions are to correct statutory and rule references; to reconstruct sentences for clarification of existing rule language; to incorporate grammatical revisions; to comply with Section 943.10, F.S., reference correct names cites; to comply with 1998 Legislation amending Section 943.09, F.S., changing the name of the "Division of Criminal Justice Standards and Training," to the "Criminal Justice Professionalism Program," and to comply with 1998 Legislation amending Section 943.10(12), F.S., changing the reference of "Division" to "Program." Pursuant to Section 943.09, F.S., program staff are also Commission staff who support the Commission. Therefore the reference to "Division" has been changed in Rule Chapter 11B-30 to "Commission staff"; to repeal Rule 11B-30.0045, F.A.C., Administration and Security of Comprehensive Examination and transfer its language to Rule 11B-35.0085, F.A.C., Criminal Justice Training School Requirements for the Administration and Security of Comprehensive Examination; to change the name of the "review course"; to change when "applications to sit for the Officer Certification Examination" shall be received by Commission staff. Applications shall be received by the established deadline date, which shall be at least 21 days prior to the published scheduled examination date; to amend rule language regarding documentation required at the test administration site; to add rule language to allow rescheduling of the licensure test if the applicant has been issued a subpoena to appear in court; and to adequately address the schedule for re-taking the Officer Certification Examination. 11B-30.0045
Administration and Security of Comprehensive Examination Requirements 11B-30.007 Notification of Applicants 11B-30.008 Examination Administration 11B-30.009
Conduct at Test site and Notice of Protection of Program's Privileges 11B-30.010 Persons Charged with Violations - Right of Appeal 11B-30.011 Grade Notification 11B-30.012 Applicant Review of Examination Questions, Answers 11B-30.013
Challenge to Examination Results (See pp.
26-28 and pp. 1503-1508.) 11B-34. Rules 11B-34.001 through 11B-34.011, F.A.C., inclusive, concern indexing of final agency orders of the Criminal Justice Standards and Training Commission. Repeal of the rules is proposed because the Secretary of State has promulgated rules concerning procedures for indexing final agency orders. Consequently, the FDLE rules would be redundant. The statutory requirements of Chapter 120, Florida Statutes, mandate elimination of administrative rules that are redundant. 11B-34.001 Authority 11B-34.002 Purpose 11B-34.003 Public Inspection and Duplication 11B-34.004 Final Agency Orders Required to be Indexed 11B-34-005 Listing of Final Agency Orders 11B-34.006 Numbering of Final Agency Orders 11B-34.008 Designation or Records Keeper 11B-34.009 Maintenance of Records 11B-34.010 Plan for Public Access 11B-34.011
Format for Final Agency Order (See p.
29 and pp. 1508-1509.) 11B-35. Rule Chapter 11B-35, F.A.C., is being revised to incorporate housekeeping revisions, training requirements, and specifications; revise course hours for basic recruit training for law enforcement, correctional, and correctional probation; revise rule language for clarification; and implement new policy for the following rule topics: Basic Recruit Training Programs for student performance regarding the Comprehensive Examination or Examinations; Basic Recruit Training Programs regarding student transfer; Basic Recruit Training Programs for law enforcement and the Correctional Auxiliary Training Program; Basic Recruit Training Programs for cross-over training for law enforcement, correctional and correctional probation officers; Advanced Training Program; Officer Certification Examination Qualification Course; and exemption from basic recruit training for out-of-state or federal officers. The purpose and effect of the proposed rule revisions are to add and correct statutory and rule references; to comply with statutory language in Section 943.10, F.S.; to comply with Section 943.10, F.S., regarding correct name cites; to comply with 1998 Legislation amending Section 943.09, F.S., changing the name of the "Division of Criminal Justice Standards and Training," to the "Criminal Justice Professionalism Program," and to comply with 1998 Legislation amending Section 943.10(12), F.S., changing the reference of "Division" to "Program." Pursuant to Section 943.09, F.S., program staff are also Commission staff who support the Commission. Therefore the reference to "Division" has been changed in Rule Chapter 11B-35 to "Commission staff"; to reconstruct sentences for clarification of existing rule language; to incorporate grammatical revisions; to clarify which courses record maintenance is required for, and to revise the records to be included; to specify Basic Recruit Training Courses for the Comprehensive Examination or Examinations and reference the amended rule number; to require the school where a student attended the majority of courses to submit a CJSTC-67 Training Report form; to remove the requirement that an auxiliary officer work in the direct supervision of a full-time or part-time officer; to remove the hour requirement for high-liability training for an auxiliary officer; to revise course names and number of hours for course completion; to recognize an individual's previous completion of training courses; to require completion of only the high-liability proficiency skills demonstrations an individual has not previously taken in a basic recruit training course; to revise the minimum course hours effective July 1, 1998; Pursuant to Senate Bill 1688, the Department of Education shall use the uniform hours, as agreed upon, for the basis for state funding reimbursement to the vocational schools and community colleges that deliver Commission basic recruit training courses; to amend course titles; to update the Hostage Negotiations and Traffic Homicide Investigations Advanced Training Courses; to amend the titles of Rule 11B-35.008, F.A.C.; to revise the titles of all rule names containing a slash in the name; to make changes pursuant to 1998 Legislative revisions to Section 943.256, F.S., concerning Criminal Justice Selection Centers; to correct the Medical First Responder's course name; to allow federal and out-of-state officers who have completed Basic Recruit Training but who have not been certified in Florida to activate and become certified in Florida by completing the Review Course in the applicable discipline in lieu of completing the full Basic Recruit Training Program; to add language and a new paragraph regarding the authenticity of documents submitted to the employing agency; and to add language regarding verification of an applicant's completion of training. 11B-35.001 General Training Programs/Requirements and Specifications 11B-35.002 Basic Recruit Training Programs/law Enforcement, Correctional Corrections and Correctional Probation 11B-35.0021 Basic Recruit Training Programs Student/Instructor Ratios and Minimum Requirements 11B-35.0022 Basic Recruit Training Programs/Student Performance - Comprehensive Examination or Examinations 11B-35.0023 Basic Recruit Training Programs/Student Transfer 11B-35.0024 Basic Recruit Training Programs/Student Performance - High-Liability Proficiency Skills 11B-35.003
Basic Recruit Training Programs/Law Enforcement and Correctional 11B-35.004
Basic Recruit Training Programs/Cross-Over Training for Law Enforcement,
Correctional 11B-35.005 Career Development Training Program 11B-35.006 Advanced Training Program 11B-35. 007 Specialized Training Program 11B-35.008 Officer Certification Examination Qualification Course Requirements 11B-35.0085 Criminal Justice Training School Requirements for Administration and Security of Examinations 11B-35.009
Exemption from Basic Recruit Training for Out-of-State or Federal Officers;
11B-35.010
Exemption from Basic Recruit Training for Out-of-State or Federal Officers;
(See pp.
30-33 and pp. 1508-1509.) 11C-1. Rules 11C-1.001, 11C-1.002 and 11C-1.003, F.A.C. describe the organization and programs of the Division of Criminal Justice Information Systems. The proposed repeal of 11C-1.001 through 11C-1.003, F.A.C., is necessary to eliminate administrative rules that are redundant, obsolete, or superseded by statute or rule and to comport with the statutory requirements of Chapter 120, Florida Statutes. 11C-1.001
Division Director (See p.
34 and pp. 1523-1524.) 11C-2. Rules 11C-2.001, 11C-2.002, 11C-2.004, F.A.C, describe the organization of the Special Services Bureau. The proposed repeal of 11C-2.001, 11C-2.002, 11C-2.004, F.A.C., is necessary to eliminate administrative rules that are redundant, obsolete, or superseded by statute or rule and to comport with the statutory requirements of Chapter 120, Florida Statutes. 11C-2.001 Bureau Chief 11C-2.002 Duties of Bureau 11C-2.003 Uniform Crime Reports Guide Manual 11C-2.004
Hate Crime Report Manual (See p.
35 and p. 1524.) 11C-3. Rules 11C-3.00l and l1C-3.002, F.A.C., describe the organization of the Law Enforcement Data Center. The proposed repeal of 11C-3.001 and 11C-3.002, F.A.C., is necessary to eliminate administrative rules that are redundant, obsolete, or superseded by statute or rule and to comport with the statutory requirements of Chapter 120, Florida Statutes. 11C-3.001 Supervision 11C-3.002
Duties of Bureau (See p.
36 and pp. 1524-1525.) 11C-4. The amendments to Rule Chapter 11C-4 specify the procedures for the submission and processing of fingerprint cards for all law enforcement agencies; provide for an electronic submission of fingerprint card; require a state identification number (FDLE) on each card, if known; reflect the name changes of Crime Information Bureau to Florida Crime Information Center Bureau, Special Services Bureau to User Services Bureau, and the Identification Manual to the Criminal Justice Information Procedural Manual; transfer internal FDLE procedures to the Criminal Justice Procedural Manual; and provide general guidelines for preparing Uniform Crime Reports. The purpose and effect of the amendments are to clarify, simplify, and provide guidelines for submission procedures of fingerprint cards and Uniform Crime Reporting; update statutory requirements regarding the submission and process of fingerprint card(s) to the Department; and reflect changes to names of bureaus and Criminal Justice Information Procedural Manual. Pursuant to Chapter 120. F.S., the amendments will eliminate administrative rules that are redundant, obsolete, or superseded by statute or rule. 11C-4.001 Bureau Chief 11C-4.002 Duties of Bureau 11C-4.003 Arrest Fingerprint Card Submission 11C-4.004
Criminal Justice Information Services Procedural 11C-4.005 Decreased Notification Submission 11C-4.006 Final Disposition Reporting 11C-4.0065 Orders of Executive Clemency; Disposition 11C-4.007 Juvenile Offender Fingerprinting; Records 11C-4.008
Uniform Crime Reports Guide Manual (See pp.
37-39 and pp. 1525-1527.) 11C-5. Rules 1lC-5.001 and 11C-5.002, F.A.C., describe the organization of the Criminal Justice Information Systems Council. The proposed repeal of 11C-5.001 and 11C-5.002, F.A.C., is necessary to eliminate administrative rules that are redundant, obsolete, or superseded by statute or rule and to comport with the statutory requirements of Chapter 120, Florida Statutes. 11 C-5.001
Creation, Membership, Terms, Compensation (See p.
40 and pp. 1527-1528.) 11C-6. The rules are amended to require that race and sex data be furnished with criminal record check information requests; to replace detailed explanations of record check results with a simpler statement; to correctly reflect statutory references; to clarify procedures for processing research and statistical requests; to comply with federal regulations under the "Brady Act"; to simplify and update billing procedures; and to revise the processing fee to comply with the amendments made to Section 790.065, F.S. The amendments are proposed pursuant to statutory requirement in Chapter 120, F.S.: to eliminate administrative rules that are redundant, obsolete, or superseded by statute or rules. 11C-6.001 Posture of Department and Other Agencies 11C-6.002 Present Policy 11C-6.003 System Security and Public Access 11C-6.004 Procedures for Requesting Criminal History Records 11C-6.005 Access to Criminal Justice Information for Research or Statistical Purposes 11C-6.006 Facsimile Transmission 11C-6.007 Record Validation 11C-6.008 User Agreements 11C-6.009
Sale and Delivery of Firearms (See pp.
41-43 and pp. 1528-1533.) 11 C-7. The operation and procedures for submitting requests for court-ordered expunction(s), and court-ordered sealing(s) of criminal history record(s) to the Department will be simplified by eliminating administrative rules that are redundant, obsolete or superseded by statute or rule. The purpose of the amendments and the repeal is to update the statutory requirements regarding the submission and processing of court-ordered expunctions and court-ordered sealings of criminal history record(s). 11C-7.005
Policies Governing Court-Ordered Expunctions and Sealings (See pp.
44 and 45 and pp. 1533-1535.) 11C-8. The proposed rule amendments will allow an individual, after being fingerprinted by a local law enforcement agency, to directly submit a request to the Department of Law Enforcement for review and/or challenge of his or her state criminal history record. The proposed rule amendment will clarify and simplify procedures and will update statutory requirements regarding the submission and process of a personal review request to the Department and will eliminate administrative rules that are redundant obsolete or superseded by statute or rule, pursuant to Chapter 120, Florida Statutes. 11C-8.001
Review Procedures (See p.
46 and pp. 1535-1538.) 11C-9. Rules 11C-9.001 -9.003 describe the organization of the Combat Automobile Theft Decal Program. The proposed repeal of Rules 11C-9.001 - 11C-9.003, F.A.C., is necessary to eliminate administrative rules that are redundant, obsolete, or superseded by statute or rule and to comport with the statutory requirements of Chapter 120, Florida Statutes. 11C-9.001
Purpose (See p.
47 and p. 1538.) 11D-2. The rule chapter describes the organization and structure of the Division of Local Law Enforcement. The proposed repeal of 11D-2.001 through 11D-2.003, F.A.C., inclusive, is necessary to eliminate administrative rules that are redundant, obsolete, or superseded by statute or rule and to comport with the statutory requirements of Chapter 120.74, Florida Statutes. 11D-2.001 Division Director 11D-2.002 Organization of the Division 11D-2.003
Power and Duties of Division (See p.
48 and pp. 1538-1539.) 11D-6. The amendments to Rule 11D-6.001 and Rule 11D-6.003, F.A.C., will remove redundant references to statutory duties concerning the collection of blood samples for the DNA Database maintained by the Florida Department of Law Enforcement. Amendments to Rule 11D-6.001 clarify the definition of "blood sample" and also reflect circumstances under which blood samples are required to be submitted. Amendments to Rule 11D-6.003 clarify procedures to be followed to ensure efficient collection and submission of blood samples. The repeal of Rule 11D-6.002 is being proposed to conform to changes in statutory language. The proposed amendments to Rules 11D-6.001 and 11D-6.003, F.A.C., and the repeal of Rule 11D-6.002, are necessary to eliminate administrative rules that are redundant, obsolete, or superseded by statute or rule or to provide clarification of procedures required by statutory revisions in order to comport with the statutory requirements of Chapter 120.74, Florida Statutes. 11D.6.001 Definitions 11D-6.002 Applicability 11D-6.003
Procedure (See pp.
49-51 and 1539-1541.) 11D-8. The proposed revisions to Rule 11D-8.002, F.A.C., provide for a definition of the term "source approved by the Department" as the term is used in proposed rule sections 11D-8.0035 and 11D-8.006, F.A.C. Proposed Rule 11D-8.0035, F.A.C., provides criteria for sources to be approved by the Department to provide alcohol reference solution to agencies for monthly inspections of breath test instruments. The proposed language also provides for a procedure for pre- and post-distribution analysis of alcohol reference solution used by law enforcement agencies in the monthly inspection required by Section 11D-8.006, F.A.C. The proposed amendment to Rule 11D-8.002, F.A.C., Definitions, is necessary to eliminate vagueness and ambiguity in the use of the term "source approved by the Department." The proposed language in Rule 11D-8.0035, F.A.C., Approval of Alcohol Reference Solution and Sources, is necessary to provide to the public the standards and procedure for the approval of alcohol reference solution for use in monthly agency inspections to ensure that breath tests are administered substantially in compliance with methods approved by the Department. The proposed language is also necessary to provide to the public the standards and criteria for the approval of sources of alcohol reference solution to ensure that the solution is accurate and scientifically reliable. 11D-8.002. Definitions. 11D-8.0035.
Approval of Alcohol Reference Solution and Sources. (See pp.
52-54 and pp. 1324-1325.) l1E-1. Rule Chapter 11E-1 describes the organization and structure of the Division of Criminal Investigation. The proposed repeal of Rules 11E-1 through 11E-1.003, F.A.C., inclusive, is necessary to eliminate administrative rules that are redundant, obsolete,, or superseded by statute or rule and to comport with the statutory requirements of Chapter 120, Florida Statutes. 11E-1.001 Division Director 11E-1.002 Organization of the Division 11E-1.003
Powers and Duties of Division (See p.
55 and p. 1541.) 11E-6. Rule Chapter 11E-6 describes the organization and structure of the Regional Operation Bureaus. The proposed repeal of 11E-6.001 through 11E-6.002, F.A.C., inclusive, is necessary to eliminate administrative rules that are redundant, obsolete or superseded by statute or rule and to comport with the statutory requirements of Chapter 120, Florida Statutes. 11E-6.01 Regional Operation Bureaus 11E-6.002
Duties of Bureaus (See p.
56 and pp. 1541-1542.) 11F-7. Rules 11F-7.001 and 11F-7.002, F.A.C., describe the department chain of command and major subordinate programs. The repeal of Rules 11F-7.001 and 11F-1.002, F.A.C., is necessary to eliminate administrative rules that are redundant, obsolete, or superseded by statute or rule and to comport with the statutory requirements of Chapter 120, Florida Statutes. 11F-7.001 Bureau Chief 11F-7.002
Duties of the Bureau (See p.
57 and pp. 1542-1543.) 11F-8. Rules 11F-8.001, and 11F-8.002, F.A.C., describe the department chain of command and major subordinate programs. The repeal of Rules 11F-8.001 and 11F-8.002, F.A.C., is necessary to eliminate administrative rules that are redundant, obsolete, or superseded by statute or rule and to comport with the statutory requirements of Chapter 120, Florida Statutes. 11F-8.001 Bureau Chief 11F-8.002
Duties of the Academy (See p.
58 and p. 1543.) 11F-9. Rules 11F-9.001 and 1lF-9.002., F.A.C., describe the department chain of command and major subordinate programs. The repeal of Rules 11F-9.001 and 11F-9.002, F.A.C., is necessary to eliminate administrative rules that are redundant, obsolete, or superseded by statute or rule and to comport with the statutory requirements of Chapter 120, Florida Statutes. 11F-9.001 General Services Administrator 11F-9.002
Duties of the Section (See p.
59 and pp. 1543-1544.) 11F-10. Rules 11F-10.001 and 11F-10.002., F.A.C., describe the department chain of command and major subordinate programs. The repeal of Rules 11F-10.001 and 11F-10.002, F.A.C., is necessary to eliminate administrative rules that are redundant, obsolete, or superseded by statute or rule and to comport with the statutory requirements of Chapter 120, Florida Statutes. 11F-10.001 Finance and Accounting Administrator 11F-10.002
Duties of the Section (See p.
60 and pp. 1544-1545.) 11G-1. The amendments to Rule 11G-1.001, F.A.C., pertaining to the Structure and Purpose of the Medical Examiners Commission, remove redundant references to statutory duties of the Medical Examiners Commission as such are contained in Chapter 406, Florida Statutes. New language in Rule 11G-1.001(2) incorporates language from repealed Rule 11G-5.001. It is proposed to repeal Rule 11G-1.003, pertaining to General Procedures and Agenda for the Medical Examiners Commission, and Rule 11G-1.004, pertaining to the Commission Office of the Medical Examiners Commission. The proposed revision of Rule 11G-1.001, F.A.C., and repeal of Rule 11G-1.003 and Rule 11G-1.004, F.A.C., are necessary to eliminate administrative rules that are redundant, obsolete, or superseded by statute or rule, and to comport with the statutory requirements of Chapter 120, Florida Statutes. The incorporation of language from repealed Rule 11G-5.001 to Rule 11G-1.001 will promote consistency and efficiency of rule placement. 11G-1.001 Structure, Purpose 11G-1.003 General Procedures, Agenda, Declaratory Statement 11G-1.004
Commission Office (See pp.
61-62 and pp. 1545-1546.) 11G-2. Pursuant to Chapter 120 housekeeping requirements, the amendments to Rule 11G-2.001, F.A.C., pertaining to Determination of Jurisdiction and Preliminary Procedures for Medical Examiners, the correct references to statutory sections of the Florida Statutes and a department name have been renumbered or revised by the Legislature. The proposed amendments to Rule 11G-2.001, F.A.C., are necessary to eliminate administrative rules that are redundant, obsolete, or superseded by statute or rule, and to comport with the statutory requirements of Chapter 120, F.S. 11G-2.001
Determination of Jurisdiction, Preliminary Procedures (See p.
63 and p. 1546.) 11G-3. Rule 11G-3.001, F.A.C., pertains to Disciplinary Guidelines applied to a Medical Examiner, the purpose of a Medical Examiner. The repeal of Rules 11G-3.001, F.A.C., is necessary to eliminate administrative rules that are redundant, obsolete, or superseded by statute or rule, and to comport with the statutory requirements of Chapter 120, Florida Statutes 11G-3.001
Disciplinary Procedures (See p.
64 and pp. 1546-1547.) 11G-5. Pursuant to Chapter 120 housekeeping requirements, it is proposed that Rule 11G-5.001, F.A.C., pertaining to the Purpose of a District Medical Examiner be repealed. The proposed repeal of the provisions of Rule G-5.001, F.A.C., is necessary to eliminate administrative rules that are redundant, obsolete, or superseded by statute or rule, and to comport with the statutory requirements of Chapter 120, Florida Statutes. 11G-5.001
Purpose (See p.
65 and pp.1547-1548.) 11I-1.
RULE 11-I.1 IS WITHDRAWN. 11I-2. Rule Chapter 11I-2, F.A.C., pertains to dual employment of FDLE employees. The proposed repeal of Rules 11I-2, F.A.C., is necessary to eliminate administrative rules that are redundant, obsolete, or superseded by statute or rule and to comport with the statutory requirements of Chapter 120, Florida Statutes. 11I-2.001 Purpose 11I-2.002 Statement of Policy 11I-2.003 Procedure for Securing Approval for Dual Employment 11I-2.004
Penalty for Violations (See p.
67 and p. 1552.) 11I-3. Rule Chapter 11I-3, F.A.C., pertains to grievance by FDLE employees. The proposed repeal of Rule 11I-3, F.A.C., is necessary to eliminate administrative rules that are redundant, obsolete, or superseded by statute or rule and to comport with the statutory requirements of Chapter 120, Florida Statutes. 11I-3.001 Scope and Purpose 11I-3.002 Definitions and Policy 11I-3.003
Procedure (See p.
68 and pp. 1552-1553.) 11J-1. Rule 11J-1 pertains to Sexual Harassment by FDLE employees. The proposed repeal of Rule 11J-1, F.A.C., is necessary to eliminate administrative rules that are redundant, obsolete, or superseded by statute or rule and to comport with the statutory requirements of Chapter 120, Florida Statutes. 11J-1.001
Scope and Purpose (See p.
69 and pp. 1553-1556.) 11M-1. Pursuant to Chapter 120 housekeeping requirements , it is proposed that Rules 11M-1.001 through 11M-1.004, F.A.C., inclusive, describing the organization of the Florida Crime Laboratory Council, be repealed. The proposed repeal of Rule 11M-1, F.A.C., is necessary to eliminate administrative rules that are redundant, obsolete, or superseded by statute or rule and to comport with the statutory requirements of Chapter 120, Florida Statutes. 11M-1.001 Structure, Purpose 11M-1.002 General Procedures, Agenda, Declaratory Statement 11M-1.003 Council Office 11M-1.004
Statutes and Rules Affecting Council (See p.
70 and pp. 1554-1555.) 11M-2. Pursuant to Chapter 120 housekeeping requirements , it is proposed that Rule 11M-2.001, F.A.C., enumerating definitions concerning the Florida Crime Laboratory Council, be repealed, because there is no longer a statutory requirement for the rule. The proposed repeal of Rule 11M-2, F.A.C., is necessary to eliminate administrative rules that are redundant, obsolete, or superseded by statute or rule and to comport with the statutory requirements of Chapter 120, Florida Statutes. 11M-2.001
Definitions (See p.
71 and p. 1555.) 11M-3. Pursuant to Chapter 120 housekeeping requirements , it is proposed that Rules 11M-3.001 through 11M-3.005, ,F.A.C., inclusive, concerning the Florida Crime Laboratory Council procedures for providing financial assistance for statewide criminal analysis laboratories, be repealed. The proposed repeal of Rule 11M-3, F.A.C., is necessary to eliminate administrative rules that are redundant, obsolete, or superseded by statute or rule and to comport with the statutory requirements of Chapter 120, Florida Statutes. 11M-3.001 Purpose 11M-3.002 Legislative Budget Submission Process 11M-3.003 Allocation of Appropriated Funds 11M-3.004 Payment Procedures - Aid to Local Crime Laboratory Funds 11M-3.005
Guidelines for Additions to Statewide Systems (See p.
72 and pp. 1555-1556.) 11M-4. Pursuant to Chapter 120 housekeeping requirements , it is proposed that Rules 11M-4.001 through 11M-4.003, F.A.C., inclusive, concerning the Florida Crime Laboratory Council accountability procedures, be repealed. The proposed repeal of Rules 11M-4.001 through 11M-4.003, F.A.C., inclusive, is necessary to eliminate administrative rules that are redundant, obsolete, or superseded by statute or rule and to comport with the statutory requirements of Chapter 120, Florida Statutes. 11M-4.001 Financial Administration 11M-4.002 Financial Audit 11M-4.003
Performance Survey (See p.
73 and pp. 1556-1557.)
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