11B-27.0011(3): Clarifies the documents required for the Commission to consider reinstatement of a previously certified officer. 11B-27.0011(4)(c)14.a.-e.: Adds “Misuse of Electronic Databases” as a new officer violation because of increased ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NOS.:RULE TITLES:

11B-27.0011Moral Character

11B-27.002Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers

11B-27.00211Fingerprint Processing and Criminal Record Results

11B-27.004Probable Cause Determination

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

11B-27.013Canine Team Certification

PURPOSE AND EFFECT: 11B-27.0011(3): Clarifies the documents required for the Commission to consider reinstatement of a previously certified officer.

11B-27.0011(4)(c)14.a.-e.: Adds “Misuse of Electronic Databases” as a new officer violation because of increased officer violations.

11B-27.002(3)(a)11.: Revises the Equivalency-of Training form CJSTC-76 to update the comparable training required in the new Florida Law Enforcement Academy program and to clarify the procedures for submitting form CJSTC-76 to Commission staff.

11B-27.00211(2)(a): Adds the name of Florida Department of Children and Families required to submit for processing an applicant’s fingerprints to FDLE.

11B-27.004(9)(e): Adds additional rule language to explain when a Letter of Acknowledgement shall not be issued to an officer.

11B-27.005(1)(a)-(b): Deletes rule language that conflicts with Rule 11B-27.004(7) and 11B-27.005, F.A.C., when issuing a Letter of Acknowledgement.

11B-27.005(5)(c)3.: Revises the penalty range for “Misuse of Official Position,” from “suspension” to “suspension to revocation,” because this violation and penalty was originally used for “misuse of electronic databases.”

11B-27.005(5)(c)13.: Adds the violation of “misuse of electronic databases” and the recommended penalty to correspond with the new moral character violation in Rule 11B-27.0011(4)(c)14., F.A.C.

11B-27.005(5)(c)14.: Adds the violation of “Intentional Abuse of Temporary Employment Authorization” and the recommended penalty because of increased officer violations.

11B-27.005(5)(c)15.: Adds the violation of “Any willful and offensive exposure or exhibition of his or her sexual organs in public or on the private premises of another….” and the recommended penalty because of increased officer violations.

11B-27.013(1)(a), 11B-27.013(3)(a), 11B-27.013(5), (5)(a)-(c),11B-27.013(6), and 11B-27.013(6)(c): Revises the name of “Patrol Canine Team” to “canine team” throughout Rule 11B-27.013, F.A.C., to allow for expanded instruction in topics such as search and apprehensive, detection, and tracking and trailing.

11B-27.013(1)(b): Revises the “Patrol Canine Evaluator” to “Canine Evaluator” to allow for expanded instruction in the topics of search and apprehensive, detection, and tracking and trailing, revises the name of the “Proficiency Examination” to “Performance Evaluation” to be consistent with the name of other forms used for courses that require a performance evaluation, and updates the Canine Team Training course to conform with the current curriculum (the course hours increased from 400 to 480 hours, however, this course is not a Commission mandated certification and is an optional course for agencies), and updates a rule reference.

11B-27.013(2): Revises the “Patrol Canine Team Certification” name to “Canine Team Certification” to allow for expanded instruction in the topics of search and apprehensive, detection, and tracking and trailing, and clarifies the procedures for a canine team to obtain equivalent canine training.

11B-27.013(2): Revises the Canine Team Certification Application form CJSTC-70 to conform with the current curriculum.

11B-27.013(3)(b)1.-2.: Requires completion of the updated Canine Team Training course prior to being a certified canine team.

11B-27.013(3)(c): Revises the procedures for completing the updated Canine Team Training course when the course is not delivered at a Commission-certified training school.

11B-27.013(3)(c): Creates the Canine Course Equivalency Checklist form CJSTC-70A to be completed by a Commission-approved evaluator when determining equivalent canine training to conform with the current curriculum.

11B-27.013(3)(d)1.-4.: Revises the procedures for a Commission-approved evaluator to evaluate an equivalent canine training course to conform with the current curriculum.

11B-27.013(3)(e): Reincorporates the Canine Team Performance Evaluation form CJSTC-83 from Rule

11B-27.013(3)(c) to (3)(e) and substantially rewrites the form by reformatting, clarifying the proficiency demonstrations, including an attestment for both the evaluators and applicant, includes additional training information, and revises the canine team performances to conform with the current curriculum.

11B-27.013(3)(e)1.-7.: Updates the procedures for a Commission-approved canine team evaluator when documenting the training of a canine team to conform with the current curriculum.

11B-27.013(4)(a): Updates the Canine Team Certification renewal date to avoid processing renewals during the holiday months.

11B-27.013(4)(b): Deletes redundant form name references and updates the rule reference.

11B-27.013(4)(c): Clarifies the procedures for a canine team to apply for an expired canine team certification.

11B-27.013(5)(c): Revises the name of “Patrol Canine Team” to “canine team” throughout Rule 11B-27.013, F.A.C., to allow for expanded instruction in topics such as search and apprehensive, detection, and tracking and trailing and deletes unnecessary words.

11B-27.013(6)(b): Revises the Canine Team Certification Deficiency Notification Application form CJSTC-270 to require a canine team to complete the updated Canine Team Training course to conform with the current curriculum and updates referenced form names in form CJSTC-270.

11B-27.013(7) & (7)(a): Makes grammatical revisions.

11B-27.013(7)(b): Decreases the number of canine teams from twelve to six for a canine team evaluator to instruct the updated Canine Team Training course to conform with the current curriculum.

11B-27.013(7)(c): Requires an officer to evaluate a minimum of twelve canine teams under the supervision of a Commission-approved evaluator prior to being approved by the Commission as a Canine Team Evaluator to conform with the current curriculum.

11B-27.013(7)(d)-(f): Adds the words “canine team” to “evaluator applicant” for clarification and renumbers the paragraphs.

11B-27.013(7)(g): Updates to require a canine team evaluator to submit a request for evaluator status four years following the date the Commission previously approved the evaluator to conform with the current curriculum.

SUMMARY: Clarifies reinstatement of a previously certified officer’s certification; adds a new penalty guideline for the new violation of “Misuse of Electronic Databases”; updates the Equivalency-of Training form CJSTC-76; adds other private criminal justice facilities that contract with the Florida Department of Children and Families; clarifies when a Letter of Acknowledgement shall not be issued; deletes conflicting rule language; revises the penalty guideline for the violation of “Misuse of Official Position”; adds the violation of “Misuse of Electronic Databases” and penalty guideline; adds the violation for “Intentional Abuse of Temporary Employment Authorization” and the penalty guideline; adds the violation of “Any willful and offensive exposure or exhibition of his or her sexual organs in public or on the private premises of another... and the penalty guideline; revises the name of “Patrol Canine Team” to “canine team”; revises the “Patrol Canine Evaluator” to “Canine Evaluator”; revises the “Proficiency Examination” to “Performance Evaluation”; adds the new 480-hour Canine Team Training course and updates rule reference; revises the “Patrol Canine Team Certification” name to “Canine Team Certification”; revises the Canine Team Certification Application form CJSTC-70; adds new canine team certification requirements; adds procedures for the updated Canine Team Training Course; creates a new Canine Course Equivalency Checklist form CJSTC-70A; adds procedures for equivalent canine team training; revises the Canine Team Performance Evaluation form CJSTC-83; adds procedures for completing canine team performance evaluations; updates the Canine Team Certification renewal dates; deletes redundant form name references and updates rule reference; adds procedures for obtaining certification for an expired Patrol Canine Team Certification; revises the Canine Team Certification Deficiency Notification Application form CJSTC-270; makes grammatical revision; adds new procedures for instructing the updated Canine Team Training course; adds the requirement for canine team evaluators to complete specific documents; and adds new canine team training maintenance 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: OTHER RULES INCORPORATING THIS RULE: N/A. EFFECT ON THOSE OTHER RULES: N/A 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.

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), 943.1395 FS.

LAW IMPLEMENTED: 943.12(3), 943.13, 943.13(7), (16), 943.133, 943.139, 943.1395, 943.1395(7), (8) 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:

DATE AND TIME: Friday, March 7, 2014, 10:00 a.m.

PLACE: Florida Department of Law Enforcement, Criminal Justice Professionalism, 2331 Phillips Road, Room B1055, 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, 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, 2331 Phillips Road, Tallahassee, Florida 32308

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

11B-27.0011 Moral Character.

(1) through (2) No change.

(3) Upon written request and submission of materials, the Commission shall evaluate the qualification of an applicant to determine compliance with “good moral character” pursuant to this rule section. Written materials submitted to the Commission upon request for reinstatement of certification shall include, if available, all prior Commission disciplinary records, agency disciplinary records, victim statement(s), or citizen input. The Notice of Petition for reinstatement shall be published in the Florida Administrative Register or in the jurisdiction of the petitioning agency.

(4) For the purposes of the Criminal Justice Standards and Training Commission’s implementation of any of the penalties specified in Section 943.1395(6) or (7), F.S., a certified officer’s failure to maintain good moral character required by Section 943.13(7), F.S., is defined as:

(a) through (b)No change.

(c) The perpetration by an officer of acts or conduct that constitute the following offenses: 

1. through 13. No change.

14. Misuse of Electronic Database.  Willfully and knowingly accessing an electronic database within the trust of an officer, by using said database to access restricted information for an illegitimate or personal purpose with bad intent.  Bad intent may be evidenced by:

a. A pattern of misuse that demonstrates improper accesses or violations.

b. If the violation occurred after the officer received agency or Commission discipline for improperly accessing a computer database, or after the officer received formal training on the database(s) that includes provisions on the improper use of said database(s).

c. The existence of a current or past non-amicable or otherwise contentious relationship between the officer and the subject of the query, or when the purpose of the query is to identify person(s) linked or associated to said relationship.

d. Pre-textual queries based on age, race, sex, gender, or other personal identifying characteristics.

e. Any additional action taken by the officer as a result of the information obtained from the query, for example, retaining, copying, or reproducing the information obtained from the query, or disseminating information not listed as confidential or exempt in Chapter 119, Florida Statutes, obtained as a result of the query. 

(d) No change.

(5) through (7) No change.

Rulemaking Authority 943.03(4), 943.12(1) FS.  Law Implemented 943.13(7), 943.1395(7) FS.  History–New 1-7-85, Formerly 11B-27.011, Amended 7-13-87, 10-25-88, 12-13-92, 9-5-93, 1-19-94, 8-7-94, 11-5-95, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 4-11-04, 11-30-04, 3-27-06, 3-21-07, 6-9-08, 4-16-09, 6-3-10, 5-21-12, 3-13-13,_________.

 

11B-27.002 Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers.

(1) through (2) No change.

(3) Employment requirements pursuant to Sections 943.13, F.S., shall be documented on an Agency New Hire Report, form CJSTC-207, revised November 8, 2007, hereby incorporated by reference. Form CJSTC-207 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].

(a) The files of newly hired officers are subject to an on-site inspection by Commission staff to ensure compliance with the requirements of Chapter 943, F.S., and Rule Chapter 11B-27, F.A.C.  All documents collected in conjunction with the background investigation shall be available for review.  The following documents shall be reviewed for completeness: 

1. through 10. No change. 

11. An Equivalency-of-Training, form CJSTC-76, revised November 7, 2013, effective, _________hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref_______, December 16, 2010, (effective 5/2012), and an Equivalency-of-Training Proficiency Demonstration, form CJSTC-76A, revised December 16, 2010, (effective 5/2012), hereby incorporated by reference , for previous Florida and out-of-state, federal, or military officers, if the officer used this training option.  Forms CJSTC-76 and CJSTC-76A 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]. 

12. through 15. No change.

(b) No change.

(4) through (6) No change.

Rulemaking Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12(3), 943.13, 943.133, 943.139, 943.1395 FS. History–New 10-6-82, Amended 4-26-84, 1-7-85, Formerly 11B-27.02, Amended 9-3-87, 3-29-89, 5-14-92, 12-13-92, 9-5-93, 1-19-94, 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, 6-3-10, 5-21-12, 3-13-13,_________.

 

11B-27.00211 Fingerprint Processing and Criminal Record Results.

An employing agency shall maintain on file, at minimum, a Federal Bureau of Investigation Civil Applicant Response provided from a Live Scan device by the Florida Department of Law Enforcement (FDLE) Certified Mail Application, with the National Crime Information Center (NCIC) criminal history record attached, and an FDLE Customer Summary Report and Transaction Listing with the Florida Criminal Information Center (FCIC) criminal history record attached.  If a Civil Applicant Response is not received by the agency, the FCIC Criminal History indicating no single state or multi-state offender criminal history record exists shall be proof the applicant’s fingerprints have been processed.

(1) No change.

(2) Private Correctional Institutions and Jails.

(a) Private correctional institutions under contract with the Florida Department of Management Services (DMS) or the Florida Department of Children and Families (DCF) shall submit for processing an applicant’s fingerprints to the FDLE.  The private correctional institution is required to use an electronic fingerprinting submission device and is responsible for any cost associated with the fingerprint submission.  The response to the fingerprint submission shall be electronically transmitted to the respective contract agency (DMS or DCF) DMS for review for compliance with Section 943.13(4), F.S.  The contract agency DMS will complete the Fingerprint Notification, form CJSTC-62, revised November 8, 2007, hereby incorporated by reference, or other written notice to document compliance with Section 943.13(4), F.S., and provide it to the private correctional institution.  Form CJSTC-62 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.

(3) through (11) No change.

Rulemaking Specific Authority 943.03(4), 943.12(1) FS.  Law Implemented 943.12(3), 943.13, 943.133, 943.139, 943.1395 FS.  History–New 11-5-02, 11-30-04, 6-9-08,_________.

 

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) through (8) No change. 

(9) Commission staff:

(a) through (d) No change.

(e) Shall not issue a Letter of Acknowledgement to a respondent if the penalty guidelines of subsection 11B-27.005(5), F.A.C., specify suspension to revocation and the respondent was terminated from the employing agency.

(10) through (14) No change.

Rulemaking 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, 6-9-08, 6-3-10,_________.

 

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

(1) For the purpose of implementing the provisions of Rule 11B-27.004, F.A.C., “significant agency action” is defined as follows:

(a) For an offense that would be sanctioned by suspension of certification under these guidelines herein: Suspension from duty without pay for at least one day, or any change in assignment or duties that results in reduction in compensation, or termination from employment. 

(b) For an offense that would be sanctioned by probation of certification under these guidelines herein:  Any documented or written formal action, any change in assignment or duties that results in reduction in compensation, or termination from employment.

(2) through (4) No change.

(5) When the Commission finds that a certified officer has committed an act that violates Section 943.13(7), F.S., the Commission shall issue a final order imposing penalties within the ranges recommended in the following disciplinary guidelines: 

(a) through (b) No change.

(c) For the perpetration by the officer of an act or conduct, as described in paragraph 11B-27.0011(4)(c), F.A.C., if such act or conduct does not constitute a crime described in paragraphs (5)(a)-(b) of this rule section, the action of the Commission shall be to impose the following penalties, absent aggravating or mitigating circumstances:

 

ViolationRecommended Penalty Range

1. through 2. No change.

3.Misuse of official positionSuspension to revocation

4. through 12. No change.

13.Misuse of Electronic DatabaseProbation to suspension

14.Intentional Abuse of a Temporary Employment

AuthorizationSuspension to revocation

15.Any willful and offensive exposure or exhibition of

his or her Sexual organs in public or on the private premises of

another or so near thereto as to likely be seen except in any place

provided or set apart for that purpose.Suspension to revocation

(d) No change.

(6) through (10) No change.

Rulemaking Authority 943.03(4), 943.12(1) FS.  Law Implemented 943.12(3), 943.1395(8) FS.  History–New 10-6-82, Amended 1-7-85, Formerly 11B-27.05, Amended 3-29-89, 12-13-92, 2-17-93, 1-19-94, 8-7-94, 11-5-95, 1-2-97, 7-7-99, 8-22-00, 7-29-01, 11-5-02, 4-11-04, 11-30-04, 3-27-06, 3-21-07, 6-9-08, 6-3-10, 5-21-12,_________.

 

11B-27.013 Canine Team Certification.

(1) Definitions.

(a) “Canine Patrol canine team” shall refer to a certified officer and a specific patrol canine controlled by the handler working together in the performance of law enforcement or correctional duties.  “Handler” refers to the certified officer who trains and controls the canine. This definition does not include canines used by certified officers exclusively for tracking or specific detection, which are excluded from the certification process.

(b) “Canine Patrol canine evaluator” shall refer to a person who is authorized by the Commission to administer the Patrol Duty Canine Team Performance Evaluation to Proficiency Examination to patrol duty canine teams and to attest to the proficiency of the canine team pursuant with the performance evaluation proficiency examination. The evaluator shall is also authorized to determine if training submitted by an agency that is requesting certification is equivalent to the 480-hour Canine Team Training Course number 1198, herein referred to as “Canine Team Training Course.” Commission-approved Canine Team Training, which is a minimum of 400 hours. The canine team patrol canine evaluator applicant requesting approval of the Commission shall be required to possess the minimum training and experience pursuant to subsection (7)(8) of this rule section, and shall be documented in a request to Commission staff. 

(2) Canine Patrol canine team certification requirements.  Commission certification of a patrol canine team is not required. Prior to submitting a Patrol Canine Team Certification Application, form CJSTC-70, revised November 7, 2013, effective________, October 30, 2008, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref_______, the agency employing the patrol canine team shall collect, verify, and have on file documents establishing compliance with the requirements of this rule section, regardless of where canine training takes place.  The employing agency submitting form CJSTC-70 shall provide documentation of training to the Commission-approved evaluator for review and approval as equivalent training.  Form CJSTC-70 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].

(3) Required documentation for certification of a patrol canine team.  Documentation of compliance for Commission certification of patrol canine teams shall include:

(a) A completed Canine Team Certification Application form CJSTC.70.

(b)1.(a) A certificate issued to the canine team by a Commission-certified training school documenting successful completion of the Canine Team Training Course.

2. A previously certified handler assigned a new canine shall comply with the objectives of the Canine Team Training Course, which excludes the academic block of instruction. Commission-approved Canine Team Training, which is a minimum of 400 hours; or

(c)(b) Documentation of successful completion of the Canine Team Training Course not delivered at a Commission-certified training school.  The course shall be taught using Commission-certified Canine Instructors approved by a Commission-approved evaluator and documented on the Canine Course Equivalency Checklist, Form CJSTC-70A, created November 7, 2013, effective______, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref_______, prior to an evaluator conducting a canine team performance evaluation  for Commission Certification.  Form CJSTC-70A 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]. an equivalent training course approved by a Commission-approved evaluator pursuant to subsection (4) of this rule section; and

(d) Successful completion of an equivalent training course approved by a Commission-approved evaluator shall be documented on form CJSTC-70A.

1. Equivalent training is any canine team training course other than a Commission-approved Canine Team Training Course.

2. Equivalent training shall be a minimum of 480 hours and complies with the goals and objectives of the Canine Team Training Course.

3. A Commission-approved evaluator shall not approve equivalent training that he or she taught.

4. The employing agency submitting form CJSTC-70 shall provide documentation of training to the Commission-approved evaluator. The evaluator shall review and document approval of the training on form CJSTC-70A prior to conducting a performance evaluation for Commission certification.

(e) A completed Canine Team Performance Evaluation form CJSTC-83, revised November 7, 2013, effective______, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref_______, shall be verified by evaluator(s) to ensure the canine team completed the proficiency requirements.  Form CJSTC-83 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].

1.(c) Successful completion Documentation of successful completion of the canine team performance evaluation shall be Patrol Canine Team Proficiency Examination administered by two Commission-approved canine team evaluators and documented on form CJSTC-83. A Commission-approved canine team evaluator conducting the initial training of a canine team shall not participate in the initial certification of that team. One of the Commission-approved canine team evaluators shall not be affiliated with the employing agency of the canine team being examined for certification. A Commission-approved canine team evaluator shall not administer a performance evaluation to a canine that is assigned as the evaluator’s work partner, one of whom is not affiliated with the Commission-certified training school or the agency conducting the training, and one of whom is not affiliated with the agency employing the canine team. A Commission-approved canine team evaluator shall not administer a proficiency examination to a canine assigned to them as a work partner. The proficiency examination shall be documented on the Patrol Duty Canine Team Proficiency Examination and Equivalency, form CJSTC-83, revised November 8, 2007, hereby incorporated by reference.  Form CJSTC-83 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].

2. The canine team proficiency topics are permitted to be administered in random order by the evaluator or concurrently by the evaluator.

3.1. During the initial evaluation the canine team shall test in all topics of the performance evaluation.  If a canine team fails to successfully demonstrate proficiency on one specific topic during the initial evaluation, one re-evaluation is permitted to be given for the specific topic during the initial evaluation.  The handler shall be allowed to remediate with the canine prior to declaring intent to repeat the specific topic. If a canine team fails to complete the specific topic or any additional topics, the canine team shall be deemed to have failed the performance evaluation.  Remediation is defined as the handler working with the canine to resolve the topic of deficiency specified in form CJSTC-83 in the “Re-examination and Remediation Process” section. If a canine team fails to demonstrate proficiency on any topic of the proficiency examination, one re-examination may be given for the specific proficiency topic.  Remedial training is permitted prior to the re-examination being declared.  No more than one re-examination is permitted during the entire proficiency examination.

4.2. If a canine team fails to successfully demonstrate proficiency for any topic(s) during the first performance evaluation, the handler shall remediate the canine team in the topic(s). The canine team shall retest after a minimum of 24 hours from the date of the first failure and successfully demonstrate proficiency in the specific failed topic(s) under the supervision of two Commission-approved evaluators. One evaluator shall be an original evaluator involved in the initial proficiency failure. The handler shall provide documentation, to include lesson plans and signed attendance rosters, of the remedial training to the Commission-approved evaluators prior to the administration of the re-evaluation. If a canine team fails to successfully demonstrate proficiency the team must repeat the block(s) of training outlined in the Commission-approved training course or an approved equivalent training course for the task failed within the specific topic.  Documentation of the remedial training shall be made available to Commission-approved evaluators prior to the administration of a subsequent Patrol Duty Canine Team Proficiency Examination. The examination shall be repeated in its entirety.

5. If a canine team fails to successfully demonstrate proficiency in the specific failed topic(s) during the second attempt, the handler shall remediate with the same canine in the specific failed topic outlined in the Canine Team Training Course. The canine team shall retest after a minimum of 30 days from the date of the second failure.  The handler shall provide documentation, to include lesson plans and signed attendance rosters, of the remedial training to the Commission-approved evaluators prior to the administration of the re-evaluation. The canine team shall repeat the performance evaluation in its entirety under the supervision of two Commission-approved evaluators.  One evaluator shall be an evaluator who was involved in the initial proficiency failure for that canine team.

6. A canine team that has failed a third attempt to pass a Canine Team Performance Evaluation shall be deemed to have failed the certification process, and shall complete the Canine Team Training Course or an equivalent course prior to submitting an application for certification. Form CJSTC-83 shall be used to document the third failure of the canine team and submitted by one of the canine team evaluators to the Florida Department of Law Enforcement, Criminal Justice Professionalism Program, Post Office Box 1489, Tallahassee, Florida 32302.

7. Prior to requesting certification, the canine team shall complete the Canine Team Training Course or equivalent training outlined in paragraph (3)(b), (c), or (d) of this rule section. Documentation of the training shall be made available to the Commission-approved evaluators prior to the administration of a subsequent canine team performance evaluation.  The evaluation shall be conducted pursuant with paragraph (3)(e) of this rule section

(4)Equivalent Training. Equivalent training shall be reviewed and approved by a Commission-approved evaluator.  Equivalent training for a canine team, with a handler who has never been certified, shall comply with the objectives of the Canine Team Training, which is a minimum of 400 hours.  Equivalent training for a previously certified handler, who is assigned a new canine, shall comply with the objectives of the Canine Team Training with the exception of the administrative block of instruction.  It is the responsibility of the employing agency submitting the Patrol Canine Team Certification Application form CJSTC-70, to provide documentation of training to the Commission-approved evaluator for review and approval as equivalent training.  A Commission-approved evaluator shall not approve equivalent training that the evaluator delivered.

(4)(5) Renewal of Certification.

(a) A Patrol Canine Team Certification shall lapse if it is not renewed on or before October 31 December 31 of the year following the initial certification.

(b) If the patrol canine team handler applying for recertification has not changed canines or the certification expired, the employing agency requesting renewal of the certification shall complete the applicable section and submit a Patrol Canine Team Certification Application form CJSTC-70 marked “Renewal,” and document the canine team proficiency on a Patrol Duty Canine Team Proficiency Examination and Equivalency form CJSTC-83, in compliance with the requirements of paragraph (3)(e) of this rule section 11B-27.013(3)(c), F.A.C.

(c) If the canine team’s certification has expired, the employing agency requesting renewal of canine team’s certification shall submit form CJSTC-70 marked “Renewal,” and document the canine team’s proficiency on form CJSTC-83, pursuant to paragraph (3)(e) of this rule section 11B-27.013(3)(d), F.A.C. A Patrol Canine Team Certification that has expired shall comply with the requirements of this rule section and submit to Commission staff form CJSTC-70 marked “New.”

(5)(6) Change of assigned patrol canine team.  If a Commission-certified canine handler or patrol canine ceases to be assigned as part of a canine team by the employing agency, the certification shall lapse.

(a) Notification of changes in a canine team assignment shall be submitted to Commission staff in writing to the Florida Department of Law Enforcement, Criminal Justice Professionalism Program, Post Office Box 1489, Tallahassee, Florida 32302, provided the handler is not assigned a new patrol canine. 

(b) A Commission-certified canine team handler who has been assigned a new patrol canine, shall submit form CJSTC-70, marked “New” and “Canine Team Change” after complying with the requirements of this rule section. 

(c) A canine team handler who has not previously been certified by the Commission, shall provide documentation of the patrol canine team’s compliance with the requirements of set forth in this rule section, to include lesson plans and signed attendance rosters, regardless of the prior certification of the patrol canine, and shall submit form CJSTC-70 marked “New.”

(6)(7) Inspection of patrol canine team applicant files. 

(a) No change. 

(b) Upon issuance of an unfavorable inspection on a Canine Team Certification Deficiency Notification Application, form CJSTC-270, revised November 7, 2013, effective_________, November 8, 2007, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref_______, the deficiencies shall be noted on a Patrol Canine Team Certification Application form CJSTC-270. CJSTC-70 shall note the deficiencies.  Form CJSTC-270 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]. 

(c) The employing agency shall receive a Patrol Canine Team Certification if the corrected documentation has been received within the 90-day period or upon a favorable inspection. 

(7)(8) Canine Team Evaluators. Prior to being approved by the Commission as a canine team evaluator, the evaluator shall provide documentation verifying that the evaluator applicant has complied with the following requirements: 

(a) Documentation of one year of experience as a Commission-certified canine team instructor. 

(b) Document on form CJSTC-70 Verification that the canine team evaluator applicant has taught the Canine Team Course in its entirety to a minimum of six canine teams that trained a minimum of twelve patrol canine teams, who have successfully completed the Canine Team Certification process, and has been documented on the Patrol Canine Team Certification form CJSTC-70. Canine teams Canines trained exclusively for tracking or specific detection shall not be included in this total.

(c) Verification that the canine team evaluator applicant has evaluated a minimum of twelve canine teams under the supervision of Commission-approved evaluators, which shall be documented on form CJSTC-83.  Canine teams trained exclusively for tracking or specific detection shall not be included in this total. 

(d)(c) A letter of recommendation for the canine team evaluator applicant from a training center director, agency administrator, or designee.

(e)(d) Request for evaluator status.  A letter from the canine team evaluator applicant requesting approval from the Commission as a “canine team evaluator” shall be forwarded to the Florida Department of Law Enforcement, Criminal Justice Professionalism Program, P.O. Box 1489, Tallahassee, Florida 32302, Attention Bureau Chief of the Bureau of Standards, for the initial request for approval as a canine team evaluator.  The letter shall include the evaluator’s full name, the last four digits of the evaluator’s social security number, complete address, and documentation of compliance with the standards set forth in this rule section.

(f)(e) Approval of canine team evaluator status.  Upon a review of the documents and determination that the evaluator applicant has complied with the requirements set forth in this rule section, a letter acknowledging approval by the Commission shall be forwarded to the evaluator applicant. 

(g)(f) Maintenance of canine team evaluator status.  Commission-approved evaluators shall be required to submit a request for continuance as an evaluator, to the address in paragraph (7)(e)(8)(d) of this rule section within four years of the date of approval, with documentation that verifies the evaluator has completed a minimum of four canine team performance evaluations examinations within the four-year period.  The verifying documentation shall be copies of form CJSTC-70 attesting that the performance evaluation examination of proficiency was administered by the evaluator.  A canine team evaluator’s “approval status” shall expire four years following the date approved by the Commission. If the Commission-approved evaluator’s “approval status” expires, the evaluator shall comply with the maintenance requirements in this rule section as an evaluator applicant under the supervision of two Commission-approved canine team evaluators and shall document the evaluation skills on form CJSTC-83.  Canine team evaluators with an expired status shall submit for approval for a “request for evaluator status” and comply with the requirements in paragraph (7)(e) of this rule section An evaluator’s “approval status” that is approved prior to November 5, 2002, shall expire on November 5, 2006, unless the requirements of paragraphs (8)(a)–(d) of this rule section are met. An evaluator’s “approval status” shall expire four years following the date approved by the Commission.

Rulemaking Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12(16) FS. History–New 3-29-89, Amended 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, 6-3-10, 3-13-13,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Bureau Chief Glen Hopkins

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 10, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 7, 2014