Revises the training school recertification date to correspond with rule language in Rule 11B-21.002(5)(a), F.A.C. Repeals duplicate rule language for obtaining CJSTC forms. Updates the following forms to revise the required first aid kit ...

 

DEPARTMENT OF LAW ENFORCEMENT
Criminal Justice Standards and Training Commission

RULE NOS.:RULE TITLES:
11B-21.002Criminal Justice Training Schools' Request for Certification, Expansion of Certification, and Re-certification
11B-21.005Criminal Justice Training School Requirements for Certification and Re-certification
PURPOSE AND EFFECT: Revises the training school recertification date to correspond with rule language in Rule 11B-21.002(5)(a), F.A.C.
Repeals duplicate rule language for obtaining CJSTC forms.
Updates the following forms to revise the required first aid kit supplies and remove the redundant instructor to student ratio requirements established in Rule 11B-35.0021, F.A.C.: The Driving Range Facility and Equipment Requirements form CJSTC-202, the Defensive Tactics Facility and Equipment Requirements form CJSTC-203, the Firing Range Facility and Equipment Requirements form CJSTC-201, and the CMS First Aid Instructional Requirements form CJSTC-208.
Clarifies the criminal history background requirements for entrance into a basic recruit training program set forth in Subsection 11B-27.00211(4), F.A.C. and Section 943.14(7), F.S.
SUMMARY: Revises the training school recertification date. Repeals duplicate rule language. Updates the Driving Range Facility and Equipment Requirements form CJSTC-202, the Defensive Tactics Facility and Equipment Requirements form CJSTC-203, the Firing Range Facility and Equipment Requirements form CJSTC-201 and the CMS First Aid Instructional Requirements form CJSTC-208. Clarifies the criminal history background requirements.
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), (2) FS.
LAW IMPLEMENTED: 943.12(3), (7), 943.14, 943.17(1)(g) 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-21.002 Criminal Justice Training Schools’ Request for Certification, Expansion of Certification, and Re-certification.

(1) through (2) No change.

(3) Request for Training School Initial Certification.

(a) through (c) No change.

(d) Commission approval of a training school for delivery of Commission training shall continue in effect until the next recertification date pursuant to paragraph 11B-21.002(5)(a), F.A.C. for five years beginning with the date of Commission approval.

(4) through (5) No change.

(6) All form(s) referenced in this rule chapter may be obtained on the following web site: http://www.fdle.state.fl.us or by contacting the Florida Department of Law Enforcement, Criminal Justice Professionalism Program, Post Office Box 1489, Tallahassee, Florida 32302-1489, Attention: Bureau of Standards, Forms Liaison.

Rulemaking Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.12(3), (7), 943.14 FS. History–New 7-21-82, Amended 1-28-86, Formerly 11B-21.02, Amended 12-13-92, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 11-30-04, 3-21-07, 6-9-08, 9-28-09,_________.

 

11B-21.005 Criminal Justice Training School Requirements for Certification and Re-certification.

Training Schools certified by the Commission shall comply with the following requirements:

(1) through (3) No change.

(4) Driving Range Facility, Equipment, and Instructor to Student Ratio Requirements.

(a) When conducting Commission-approved vehicle operations training, comply with the driving range facility, equipment, and instructor to student ratio requirements set forth in subsection 11B-35.0021(6), F.A.C., and in the Driving Range Facility and Equipment Requirements, form CJSTC-202, revised December 16, 2010 November 8, 2007, hereby incorporated by reference. Form CJSTC-202 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].

(b) No change.

(5) Defensive Tactics Facility, Equipment, and Instructor to Student Ratio Requirements. When conducting Commission-approved defensive tactics training, comply with the defensive tactics equipment, facility, and instructor to student ratio requirements set forth in subsection 11B-35.0021(6), F.A.C., and in the Defensive Tactics Facility and Equipment Requirements, form CJSTC-203, revised December 16, 2010 October 30, 2008, hereby incorporated by reference. Form CJSTC-203 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].

(6) Firing Range Facility, Equipment, and Instructor to Student Ratio Requirements. When conducting Commission-approved firearms training, comply with the firing range equipment, facility, and instructor to student ratio requirements set forth in subsection 11B-35.0021(6), F.A.C., and in the Firing Range Facility and Equipment Requirements, form CJSTC-201, revised December 16, 2010 November 8, 2007, hereby incorporated by reference. Form CJSTC-201 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]. Firearms training shall be supervised directly by a Commission-certified firearms instructor and the instructor shall have access to at least one firearms range designed for criminal justice firearms instruction.

(7) 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(6), F.A.C., and in the CMS First Aid Instructional Requirements, form CJSTC-208, revised December 16, 2010 November 8, 2007, hereby incorporated by reference. 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].

(8) through (10) No change.

(11) Comply with criminal history background requirements as set forth in subsection 11B-27.00211(4), F.A.C., and Section 943.14(7), F.S.

(12)(11) Comply with requirements for notification of changes in requirements for certification. Training schools with changes in staff and facilities during the school’s active certification period shall:

(a) through (b) No change.

Rulemaking Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.12(3), (7), 943.14, 943.17(1)(g) FS. History–New 7-21-82, Formerly 11B-21.05, Amended 1-28-86, 8-30-89, 12-24-89, 6-3-91, 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, 9-28-09,_________.

 

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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