Defines Automated Training Management System (ATMS) Global Profile Report; Requires use of the new ATMS Global Profile Reporting system to access officer/instructor records information; Clarifies the guidelines for retroactive salary incentive ...

 

DEPARTMENT OF LAW ENFORCEMENT
Criminal Justice Standards and Training Commission

RULE NOS.:RULE TITLES:
11B-14.001Definitions
11B-14.002General Program Provisions
11B-14.003Authorized Salary Incentive Payments
11B-14.005Annual Salary Incentive Compensation Report
PURPOSE AND EFFECT: Defines Automated Training Management System (ATMS) Global Profile Report; Requires use of the new ATMS Global Profile Reporting system to access officer/instructor records information; Clarifies the guidelines for retroactive salary incentive payments for career development courses and educational training;
Updates rule language to comply with Florida Statutes;
Updates advanced training program course inactive dates.
SUMMARY: Defines ATMS Global Profile Report; implements the ATMS Global Profile Report for reporting officer and instructor training; clarifies the guidelines for salary incentive payments; complies with statute; and updates inactive course dates.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The proposed rule is not expected to exceed any of the criteria set forth in Section 120.541(2)(a), F.S., and thus, a legislative ratification is not required under Section 120.541(3), F.S. This determination is based upon the nature of the subject matter of the proposed amendment. Other rules incorporating this rule: None. Effect on those other rules: None
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 943.03(4), 943.12(1), 943.22(2)(h), (i) FS.
LAW IMPLEMENTED: 943.22 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: January 22, 2013, 1:00 p.m.
PLACE: Florida Department of Law Enforcement, 2331 Phillips Road, Tallahassee, Florida 32308
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Donna Hunt at [phone], or [e-mail], or write to Florida Department of Law Enforcement, Criminal Justice Professionalism Program, 2331 Phillips Road, Tallahassee, Florida 32308. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Donna Hunt at [phone], or [e-mail], or write to Florida Department of Law Enforcement, Criminal Justice Professionalism Program, 2331 Phillips Road, Tallahassee, Florida 32308

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

11B-14.001 Definitions.

For the purpose of this rule chapter, the definitions of “employing agency,” “law enforcement officer,” “correctional officer,” “correctional probation officer,” and “Commission,” pursuant to Section 943.10, F.S., and the definitions of “community college degree or equivalent,” “bachelor‘s degree,” and “accredited college or university or community college,” pursuant to Section 943.22, F.S., shall be deemed controlling.  The definition of “law enforcement officer” also includes those elected officers who, pursuant to Section 943.253, F.S., choose to participate in the Salary Incentive Program.  In addition, for the purpose of this rule chapter, the term “officer” is limited to include “law enforcement officer,” “correctional officer,” or “correctional probation officer,” pursuant to Section 943.10(14), F.S.  Further, in order to provide effectively for the administration of the Salary Incentive Program, certain additional definitions are necessary, therefore, the following words or phrases shall have these meanings:

(1) through (9) No change.

(10) “ATMS Global Profile Report” means a continuous record of criminal justice officer employment, salary incentive, mandatory training, certifications, instructor topics, examination records, equivalency of training exemption, and officer training generated from the Automated Training Management System.

Rulemaking Specific Authority 943.03(4), 943.12(1), 943.22(2)(h) FS.  Law Implemented 943.22 FS.  History–New 8-19-72, Repromulgated 1-5-75, Amended 1-13-81, 5-16-83, 9-1-83, 1-7-85, Formerly 11B-14.01, Amended 7-13-87, 9-3-87, 12-13-92, 1-2-97, 7-7-99, 11-5-02, 11-30-04,_________.

 

11B-14.002 General Program Provisions.

(1) through (4) No change.

(5) Training Salary Incentive Payments.

(a) Full-time officers are eligible to receive training salary incentive payment based on their date of certification, provided the officer notifies the agency of his or her eligibility to receive salary incentive payments.  The date of eligibility for salary incentive  payments shall be:

1. Determined by the date of “successful completion,” defined in subsection 11B-14.001(9), F.A.C., of a Commission-approved training course indicated on the ATMS Global Profile Report Training Report form CJSTC-67, issued by a Commission-certified training school, or the date of certification, whichever date is later; or

2. through 3. No change.

(b) through (d) No change.

(6) No change.

(7) Retroactive salary incentive payments are not authorized, pursuant to Section 943.22(2)(f), F.S.

(a) Retroactive salary incentive payments are not paid to an officer for any training courses completed prior to certification.

(b) Retroactive educational salary incentive payments are not paid to an officer prior to the officer providing notification of eligibility to the employing agency.

(8) through (15) No change.

Rulemaking Specific Authority 943.03(4), 943.12(1), 943.22(2)(h) FS.  Law Implemented 943.22 FS.  History–New 10-16-78, Amended 9-11-79, 1-13-81, 5-16-83, 1-7-85, Formerly 11B-14.02, Amended 7-13-87, 9-3-87, 5-23-88, 5-14-92, 12-13-92, 1-2-97, 7-7-99, 8-22-00, 7-29-01, 11-5-02, 11-30-04, 3-27-06, 3-21-07, 6-9-08,_________.

 

11B-14.003 Authorized Salary Incentive Payments.

Full-time law enforcement, correctional, and correctional probation officers satisfying the certification requirements of Section 943.13, F.S., who are not excluded from eligibility pursuant to Section 943.22(4), F.S., shall be eligible to participate in the Salary Incentive Program.

(1) No change.

(2) Pursuant to Section 943.22(2)(b) and (c), F.S., the maximum amount of educational salary incentive payments an officer may receive shall be limited to $80 each month for a bachelor or higher degree.  Full-time officers who possess an associate degree or equivalent, or a higher degree from an accredited post-secondary institution, are eligible for educational salary incentive payments.  However, state officers whose job class specifications require a four-year degree are not eligible to receive educational salary incentive payment pursuant to Section 943.22(2)(e), F.S.  Pursuant to Section 943.22, F.S., the employing agency is responsible for verifying that the accrediting association is recognized.

(3) through (5) No change.

Rulemaking Specific Authority 943.03(4), 943.12(1), 943.22(2)(h) FS.  Law Implemented 943.22 FS.  History–New 9-11-79, Amended 1-13-81, 5-16-83, 9-1-83, 4-26-84, 1-7-85, Formerly 11B-14.03, Amended 7-13-87, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 11-30-04, 3-21-07,__________.

 

11B-14.005 Annual Salary Incentive Compensation Report.

(1) through (2) No change.

(3)(a) The active Commission-approved Advanced Training Program Courses approved for salary incentive payments are listed in paragraph 11B-35.006(1)(b), F.A.C.

(b) The following inactive Advanced Training Program Courses were eligible for salary incentive payments for the dates as indicated:

1. through 18. No change.

 

	Course Title	Course Code	Course Hours	Inactive
19.	Traffic Homicide Investigation	039	40	7/1/98 88

 

20. through 57. No change.

Rulemaking Specific Authority 943.03(4), 943.12(1), 943.22(2)(i) FS.  Law Implemented 943.22 FS.  History–New 11-5-02.  Amended 11-30-04, 6-9-08,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Donna Hunt

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 11, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 20, 2012

 

 

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