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11B-27.0011 Moral Character.

(1) – (3) No change.

(4) For the purposes of the Criminal Justice Standards and Training Commission’s implementation of any of the penalties specified in Section 943.1395(6) or (7), F.S., a certified officer’s failure to maintain good moral character required by Section 943.13(7), F.S., is defined as:

(a) The perpetration by an officer of an act that would constitute any felony offense, whether criminally prosecuted or not.

(b) Except as otherwise provided in Section 943.13(4), F.S., a plea of guilty or a verdict of guilty after a criminal trial for any of the following misdemeanor or criminal offenses, notwithstanding any suspension of sentence or withholding of adjudication, or tThe perpetration by an officer of an act that would constitute any of the following misdemeanor or criminal offenses whether criminally prosecuted or not:

1. Sections 316.193, 316.1935, 327.35, 414.39, 741.31, 784.011, 784.03, 784.047, 784.048, 784.05, 790.01, 790.10, 790.15, 790.27, 794.027, 796.07, 800.02, 800.03, 806.101, 806.13, 810.08, 810.14, 812.014, 812.015, 812.14, 817.235, 817.49, 817.563, 817.565, 817.567, 817.61, 817.64, 827.04, 828.12, 831.30, 831.31(1)(b), 832.05, 837.012, 837.05, 837.055, 837.06, 839.13, 839.20, 843.02, 843.03, 843.06, 843.085, 847.011, 856.021, 870.01, 893.13, 893.147, 914.22, 934.03, 944.35, 944.37, and 944.39, F.S.

2. – 3. No change.

(c) The perpetration by an officer of acts or conduct that constitute the following offenses:

1. Excessive use of force, defined as a use of force on a person by any officer that is not justified under Section 776.05 or 776.07, F.S., or a use of force on an inmate or prisoner by any correctional officer that would not be authorized under Section 944.35(1)(a), F.S.  The  situation in which an officer uses a “level of force” inappropriate with the circumstances presented at the time of the incident.  In the administrative review of “use of force” for officer disciplinary cases, the Commission applies the Commission’s Recommended Response to Resistance and Levels of Resistance, form CJSTC-85, revised February 7, 2002, hereby incorporated by reference, is a reference tool to evaluate use of force” circumstances presented in a disciplinary case.

2. – 3. No change.

a. – b. No change.

4. No change.

a. – c. No change.

5. – 7. No change.

8. Conduct that subverts or attempts to subvert the Basic Abilities Test process pursuant to subsections 11B-35.0011(1)(5), F.A.C.

9. No change.

a. – l No change.

10. No change.

11. Willful failure of the agency administrator head to comply with Chapter 943, F.S., as it pertains to the Criminal Justice Standards and Training Commission or Commission rules.  

12. Intentional abuse of a Temporary Employment Authorization, pursuant to Section 943.131(1), F.S. pursuant to Rule 11B-27.00225, F.A.C., or is consistent with and indicative of ingestion of a controlled substance pursuant to Chapter 893, F.S., and not having a specific nanogram level listed in Rule 11B-27.00225, F.A.C., shall be an affirmative defense to this provision to establish that any such ingestion was lawful.  Any test of this kind relied upon by the Commission for disciplinary action, shall comply with the requirements for reliability and integrity of the testing process pursuant to Rule 11B-27.00225, F.A.C.

(d) No change.

(5) Recantation, pursuant to Section 837.07, F.S., shall be a defense to any violation, involving perjury or false statement, pursuant to subsection (4) of this rule section. If the perjury or false statement is alleged to have occurred in the performance of work duties or the course of an administrative investigation, recantation shall be a defense to any violation involving perjury or false statement of this rule section if the officer making the statement conceded such statement to be false prior to the employing agency’s final disciplinary determination as provided for in Section 112.532(4)(b), F.S.  

(6) – (7) No change.

(a) – (c) No change.

(8) No change.

Specific Authority 943.03(4), 943.12(1) FS.  Law Implemented 943.13(7), 943.1395(7) FS.  History–New 1-7-85, Formerly 11B-27.011, Amended 7-13-87, 10-25-88, 12-13-92, 9-5-93, 1-19-94, 8-7-94, 11-5-95, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 4-11-04, 11-30-04, 3-27-06, 3-21-07,.

11B-27.002 Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers.

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