a waiver of Rules 11B-35.0024(3)(f)2 and 11-B-21.005(7), F.A.C. from Director Jay Romine on behalf of the Training Center Directors Association. Petitioner wishes to waive that portion of Rule 11B-35.0024(3)(f)2 that states a basic recruit student ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NO.:RULE TITLE:

11B-35.0024Student Performance in Commission-approved High-Liability Basic Recruit Training Courses and Instructor Training Courses Requiring Proficiency Demonstration

NOTICE IS HEREBY GIVEN that on October 12, 2015, the Criminal Justice Standards and Training Commission, received a petition for a waiver of subparagraph 11B-35.0024(3)(f)2., F.A.C. and subsection 11-B-21.005(7), F.A.C., from Director Jay Romine on behalf of the Training Center Directors Association. Petitioner wishes to waive that portion of subparagraph 11B-35.0024(3)(f)2., F.A.C., that states a basic recruit student shall achieve a score of no less than 80% on the required written end-of-course examination and demonstrate the required First Aid High-Liability Proficiency Skills at 100%, with the results recorded on the required CMS First Aid Performance Evaluation, form CJSTC-5 CMS, revised December 16, 2010 (effective 3/2013), hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-02224. Form CJSTC-5 CMS can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/Content/CJST/Publications/Professionalism-Program-Forms.aspx, or by contacting Commission staff at [phone]. Form CJSTC-5 CMS shall be maintained in the student or course file and subsection 11-B-21.005(7), F.A.C., that states First Aid Facility, Equipment, and Instructor to Student Ratio Requirements. When conducting Commission-approved first aid training, comply with the first aid equipment, facility, and instructor to student ratio requirements set forth in subsection 11B-35.0021(7), F.A.C., and in the CMS First Aid Instructional Requirements, form CJSTC-208, revised December 16, 2010 (effective 3/2013), hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-02242. Form CJSTC-208 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/Content/CJST/Publications/Professionalism-Program-Forms.aspx, or by contacting Commission staff at [phone]. Petitioner states that In November 2014, the Criminal Justice Standards and Training Commission approved changes to the CMS First Aid for Criminal Justice Officers Course number CJK_0031 and CMS First Aid Instructor Course number 1114 and also approved related changes to the CMS First Aid Performance Evaluation form CJSTC-5 and First Aid Instructional Requirements form CJSTC-208. The form revisions were included in the 2014-2015 rules revision package to take effect upon rule promulgation, which was July 29, 2015. Petitioner states that due to a technical error in the revised rule text, the revised CJSTC-5 form and CJSTC-208 form were not promulgated however; those rule revisions are in the current rules package for resubmission and rule promulgation in 2016. Petitioner states that the training center directors were Unaware that these form revisions were not promulgated; some schools began using the revised forms immediately after July 29, 2015. Petitioner states that on September 21, 2015 a technical memorandum was forwarded to training schools notifying them that they should cease using the revised forms and revert back to using the ones previously in use. Schools were given until September 30, 2015 to make this correction. Petitioner states that strict application of the rule would result in unreasonable, unfair and unintended results and granting the waiver will allow students who utilized the revised forms to receive full credit for courses completed. Petitioner states that the purpose of Section 943.13, F.S. will be achieved if the waiver is granted.

A copy of the Petition for Variance or Waiver may be obtained by contacting: Linton B. Eason, Assistant General Counsel, Florida Department of Law Enforcement, P.O. Box 1489, Tallahassee, FL 32302 or by telephone: [phone].