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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 head or designee shall be retained in the applicant’s file.  

Specific Authority 943.03(4) 943.12(1), 943.133(3) FS.  Law Implemented 943.133, 943.139 FS.  History–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,.  

11B-27.003 Duty to Report, Investigations, Procedures.

(1) No change.

(2) Upon concluding the investigation:

(a) If the allegations are sustained, the employing agency shall complete an Internal Investigation Report, form CJSTC-78, revised November 8, 2007 May 6, 2004, hereby incorporated by reference, regardless of whether any civil service appeal, arbitration, employment hearing, administrative, civil, or criminal action is pending or contemplated.

(b) No change.

1. – 7. No change.

(c) No change.

Specific Authority 943.03(4), 943.12(1) FS.  Law Implemented 943.1395(5) FS.  History–New 10-6-82, Amended 1-7-85, Formerly 11B-27.03, Amended 12-13-92, 9-5-93, 7-7-99, 8-22-00, 11-5-02, 11-30-04,.

11B-27.004 Probable Cause Determination.

At the conclusion of the preliminary investigation and when the reports and documents are received as directed by Sections 943.139 and 943.1395, F.S., a determination of probable cause shall be made before the Commission initiates proceedings to take disciplinary action against the certification of an officer.

(1) – (5) No change.

(6) The Probable Cause Panel is authorized to offer the respondent the opportunity to enter into an Intervention Program if there would otherwise be a finding of probable cause but the Panel finds that there are significant mitigating circumstances or that the violation is not egregious.  The terms and conditions of the Probable Cause Panel’s Intervention Programs may include the following:

(a) – (f) No change.

(7) When the Commission staff determines that the respondent has been retained by the employing agency, Commission staff shall issue a Letter of Acknowledgment of agency action in these cases, provided the employing agency shall have taken significant agency action as defined in subsections 11B-27.005(1) and (2), F.A.C.:

(8) When Commission staff determines that the respondent has been terminated by the employing agency, Commission staff shall issue a Letter of Acknowledgment of agency action in these cases, provided the penalty guidelines of subsection 11B-27.005(5), F.A.C., specify specifies probation or suspension as a penalty for the offense.  

(9) Commission staff:

(a) Shall not issue a Letter of Acknowledgment to a respondent who has been issued a Letter of Acknowledgment within with three years prior to the date of receipt of the information described in paragraph 11B-27.003(2)(b), F.A.C.

(b) Shall not issue a Letter of Acknowledgment to a respondent who has been issued a Letter of Guidance within five years prior to the date of receipt of the information described in paragraph 11B-27.003(2)(b), F.A.C.  

(c) Shall not issue a Letter of Acknowledgment to a respondent who has been disciplined by the Commission within eight years prior to the date of receipt of the information described in paragraph 11B-27.003(2)(b), F.A.C.

(d) Shall not issue a Letter of Acknowledgement to a respondent if the penalty guidelines of subsection 11B-27.005(5), F.A.C., specify prospective suspension to revocation as the guideline penalty for the offense.

(10) No change.

(11)(a) No change.

(b) No change.

(12)(a) No change.

(b) No change.

(13) – (14) No change.

Specific Authority 943.03(4), 943.12(1), 943.1395 FS.  Law Implemented 943.1395 FS.  History–New 12-13-92, Amended 1-19-94, 11-5-95, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 4-11-04, 11-30-04,.  

11B-27.005 Revocation or Disciplinary Actions; Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances.

(1) No change.

(a) – (b) No change.

(2) – (3) No change.

(a) – (c) No change.

(4)(a) No change.

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