Fla. Admin. Code Ann. R. 33-302.104 - Correctional Probation Officers Carrying Firearms

(1) Intent and Purpose. The purpose of this rule is to promote the personal safety of the certified correctional probation officer engaged in field supervision and investigation of assigned offenders. The authorization for officers to carry a firearm is for defensive purposes while on duty.

(2) Definitions.

(a) "Field supervision and investigation" refers to that professional activity performed by correctional probation officers, supervisors and administrators which involves a personal presence in the community during which personal contact is made or is attempted with offenders and citizens regarding official agency matters in accordance with their responsibilities pursuant to Section 943.10(3), F.S.

(b) "Correctional probation officer" refers to a person who is employed full time by the Department of Corrections whose primary responsibility is the supervised custody, surveillance, and control of assigned offenders and includes supervisory personnel whose duties include the supervision, training and guidance of correctional probation officers. This term does not include personnel above the level of regional director of community corrections.

(c) "Weapon card" refers to the document issued by the department pursuant to this rule to a correctional probation officer who has been authorized by the department to carry a firearm while on duty.

(d) Reviewing authority, for the purpose of this rule, refers to staff who are authorized to review and approve requests to carry firearms, issue weapon cards, maintain lists of staff under their supervision who have been authorized to carry a firearm, and permanently remove or temporarily suspend authorization for staff to carry a firearm.

(3) Authorization Procedures.

(a) Any correctional probation officer who elects to carry a firearm while on duty shall obtain authorization through the circuit administrator. Any circuit administrator or deputy regional director of community corrections who elects to carry a firearm while on duty shall obtain authorization from the regional director of community corrections. A regional director of community corrections who elects to carry a firearm while on duty shall obtain authorization from the Assistant Secretary of Community Corrections. A Deputy Assistant Secretary of Community Corrections who elects to carry a firearm while on duty shall obtain authorization from the Assistant Secretary of Community Corrections. The written request shall contain documentation that the individual has complied with the required training and qualification requirements of the Criminal Justice Standards and Training Commission and the Department.

(b) Correctional probation officers shall not be allowed to carry a firearm on duty until firearms qualification is successfully completed and a weapon card has been issued. Initial qualification, annual qualification and training shall be completed using the specific weapon that the officer will be using on duty and any type of ammunition approved by the local training center. Documentation of the model, make, and serial number of the weapon used, proof of ownership, and firearm inspection by a certified gunsmith or law enforcement armorer shall be submitted along with the documentation of training and qualification in the request for authority to carry the firearm. Correctional probation officers shall not be authorized to carry more than one firearm at a time. This approved single weapon shall be the only weapon authorized to be carried by the correctional probation officer until the annual qualification or transition training has been completed with a different weapon.

(c) If an officer temporarily or permanently replaces the firearm used for qualification, before carrying the weapon on duty the officer shall notify the department of the replacement and provide the model, make and serial number of the replacement firearm and proof of ownership and inspection to the reviewing authority. If the officer chooses to replace a revolver with a semi-automatic firearm, the officer shall complete the department-approved semi-automatic firearm transition course. The officer shall qualify with the replacement weapon and provide proof of ownership and inspection to the reviewing authority.

(d) Prior to approving a request to carry a firearm, the reviewing authority shall review the request, the documentation of training and qualification, and shall complete a Florida Crime Information Center/National Crime Information Center (FCIC/NCIC) check on the firearm by serial number, and an FCIC/NCIC check on the applicant. Upon approval, the reviewing authority shall issue a weapon card which establishes that the officer has been authorized to carry a specific firearm while on duty.

(e) The weapon card shall expire on the last day of the month, one year from the date of issue. The officer shall be required to successfully qualify annually thereafter in order to remain qualified to carry a firearm.

(f) If the weapon card has expired and the officer has not attended annual training, the officer will need to reapply to carry a firearm and demonstrate proficiency by successfully qualifying with the specified firearm.

(g) The reviewing authority shall immediately suspend authorization to carry a firearm, except for firearm training purposes, and shall secure the weapon card from any officer who has failed to qualify as of the card expiration month. Suspension of the weapon card removes the officer's authority to carry a firearm while on duty. A correctional probation officer who attempts to qualify and fails shall be provided the opportunity to participate in remedial firearm training at a time approved by the reviewing authority.

(h) The officer shall immediately notify his or her immediate supervisor in the case of theft or loss of the authorized firearm. The officer shall notify local law enforcement agencies and the Florida Department of Law Enforcement in writing of the theft or loss and provide a copy to the supervisor to ensure the notification has been made as required. A Community Corrections Incident Report, Form DC3-225, shall be prepared by the officer any time a loss or theft occurs and shall be submitted to his or her immediate supervisor within 24 hours. Form DC3-225 is incorporated by reference in Rule 33-302.105, F.A.C.

(4) Carrying a Firearm While on Duty.

(a) Officers who elect to carry a firearm and who receive Department authorization to carry a firearm, are authorized to carry the firearm, in accordance with Department standards, only while on duty. The firearm shall be carried in a holster about the waist. Only the authorized firearm may be carried.

(b) Officers who are authorized to carry a firearm while on duty shall observe all laws, regulations, or other directives as may be applicable for locations which officers are professionally obligated to enter. When carrying the firearm inside the probation office, the firearm must, at all times, be concealed on the officer's person or secured in the office lock-box immediately upon entering the probation office.

(c) Each probation office shall have a designated space containing a secure locker for storage of firearms. Firearms shall be removed from the locker at the conclusion of the duty day. No firearm shall be left in the probation office overnight.

(d) Any officer authorized to carry a firearm while on duty shall carry a Department of Corrections identification card and weapon card while carrying the firearm on duty. If the officer is carrying a firearm on duty, he or she shall display the Department of Corrections issued badge in plain view.

(5) Carrying a Firearm While Off Duty. Nothing in this rule authorizes officers to carry firearms while off duty. The carrying of a firearm off duty by a correctional probation officer is governed by Section 790.06, F.S.

(6) Firearm Type, Holsters, and Ammunition.

(a) Correctional probation officers are authorized to carry only department approved firearms, holsters, ammunition and reloading devices.

(b) Each correctional probation officer who completes initial or annual qualification shall be issued one box of duty ammunition to be used in his or her weapon of choice while on duty. This ammunition will be utilized by the officer in the following year's qualification. A correctional probation officer who elects to no longer carry a weapon, changes the type of weapon, or is no longer employed by the department shall immediately return department issued ammunition.

(c) Correctional probation officers are authorized to carry no more than two department approved reloading devices while carrying a firearm. Only that ammunition stored in a firearm or reloading device may be brought into an office.

(7) Use of Firearm. For the purposes of this rule, "use of a firearm" means to discharge a firearm or to have a firearm readily accessible for immediate discharge, i.e., loaded and in a person's hand.

(a) In accordance with firearms training, the firearm is to remain in a holster at all times except:

1. If the officer believes that use of the firearm is necessary to prevent imminent death or great bodily harm;

2. For training purposes, or to secure the firearm prior to entering a location when removal of the firearm is required;

3. When assistance is requested by law enforcement;

4. For cleaning and inspection.

(b) If the firearm is drawn while the correctional probation officer is on duty, the officer shall clearly and loudly identify himself or herself as a state probation officer.

(c) Effective December 1, 2000, all officers authorized to carry firearms must be certified to carry chemical agents per Rule 33-302.105, F.A.C., and must carry chemical agents while carrying firearms. Effective August 13, 2003, all officers authorized to carry firearms must complete handcuff training requirements provided by the department and must carry department issued handcuffs on his or her person while carrying a firearm.

(d) Correctional probation officers are not authorized to discharge a firearm in any direction other than at the source of imminent death or great bodily harm except during authorized training.

(e) In accordance with firearms training, firearms shall not be discharged under any of the following circumstances:

1. When there is reason to believe that the life of an innocent citizen will be endangered by the discharge of the firearm;

2. At or from any moving vehicle;

3. As a warning under any circumstances;

4. Prior to visual identification of the assailant and an evaluation of the amount of force needed;

5. Without identification of the target and what lies beyond.

(8) Procedures Following Use of Firearm. Except during authorized training, when a correctional probation officer displays or discharges a firearm, the officer shall report the incident to his or her immediate supervisor and route all necessary paperwork as required by Rule 33-302.105, F.A.C.

(9) Removal of Authorization to Carry a Firearm. The reviewing authority shall suspend the authorization to carry a firearm for a correctional probation officer if:

(a) The correctional probation officer has exhibited behavior that indicates that the carrying of a firearm by this officer could present a threat to the security of other staff, offenders, or the general public, or the correctional probation officer notifies the department of physical or pharmacological conditions that could affect his or her ability to carry a firearm safely;

(b) The correctional probation officer has demonstrated an inability to properly care, maintain, handle or secure the firearm;

(c) The correctional probation officer is found to have been negligent by failure to comply with those standards and procedures provided in the training; or

(d) The correctional probation officer fails to complete annual qualification.

(10) Care and Maintenance of Firearm.

(a) It shall be the responsibility of the officer to keep the authorized firearm in good working order. Each officer shall bear the cost of any maintenance or repair to the firearm. Such maintenance or repair shall be in accordance with manufacturer's instructions. The department shall have the authority to inspect the firearm at any time to see that it is in good working condition.

(b) Officers shall not work on or modify their approved firearms. Only gunsmiths certified by the manufacturer to repair that specific firearm or armorers employed by a Florida law enforcement agency shall be used to make repairs on authorized firearms.

(c) If an officer finds that his or her firearm needs repair, it shall not be carried on duty or used for any reason. The officer shall advise his or her immediate supervisor of its condition and shall make arrangements to have it repaired.

(d) Each officer shall ensure that the firearm is properly stored and secured when not being worn so that it is not accessible to unauthorized persons.

(e) Each officer shall be responsible for having the authorized firearm, including any temporary or replacement firearm, inspected annually by a certified gunsmith or law enforcement armorer to ensure that it performs properly and conforms with the manufacturer's standards. The officer shall present certification of such inspection to the reviewing authority.

(11) Costs. Unless otherwise appropriated by the Legislature, or as specified in this rule, the cost of the firearm shall be borne by the employee.

Notes

Fla. Admin. Code Ann. R. 33-302.104

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 790.06 FS.

New 5-28-86, Amended 7-7-92, 12-20-92, 3-30-94, 9-27-94, 12-19-94, 3-8-95, 2-15-98, Formerly 33-24.013, Amended 3-4-01, 12-4-01, 8-13-03, 6-24-04, 7-13-05, 3-27-08, 2-13-12, 5-7-14.

New 5-28-86, Amended 7-7-92, 12-20-92, 3-30-94, 9-27-94, 12-19-94, 3-8-95, 2-15-98, Formerly 33-24.013, Amended 3-4-01, 12-4-01, 8-13-03, 6-24-04, 7-13-05, 3-27-08, 2-13-12, 5-7-14.