Current through Reg. 50, No. 187; September 24, 2024
(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.
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, 5-5-20,
5-20-21.
