11K-1.003(1): Changes the “New Sheriffs Seminar” to “Florida Sheriffs Institute,” to a more contemporary title, adds the word “designee” to provide FDLE’s designee authority to certify that the Florida Sheriffs Institute meets the 40-hour ...

 

DEPARTMENT OF LAW ENFORCEMENT

Florida Criminal Justice Executive Institute

RULE NO.:RULE TITLE:

11K-1.003Policy

PURPOSE AND EFFECT: 11K-1.003(1): Changes the “New Sheriffs Seminar” to “Florida Sheriffs Institute,” to a more contemporary title, adds the word “designee” to provide FDLE’s designee authority to certify that the Florida Sheriffs Institute meets the 40-hour requirement, and documents the current practice for completion of the Florida Sheriffs Institute by newly elected sheriffs after an election is certified and to count toward the calendar year they are sworn in;

11K-1.003(4)(a) & (4)(a)5.: Adds executive level courses offered through the Florida Sheriffs Association Center for Excellence and to be recognized as approved education/training courses that will apply for initial qualification or maintenance of initial qualification for salary supplement;

11K-1.003(6) & (6)(b): Allows an FDLE designee to approve education/training programs and adds the Executive Director, FDLE, or their designee to approve recommendations for education/training programs for the Florida Criminal Justice Executive Institute.

SUMMARY: Changes the “New Sheriffs Seminar” to “Florida Sheriffs Institute”; provides an FDLE designee the authority to certify that the Florida Sheriffs Institute meets the 40-hour requirement; documents the newly elected sheriffs completion of the Florida Sheriffs Institute; adds executive level courses that will apply toward salary supplement; and allows an FDLE designee to approve recommendations for education and training programs.

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: 145.071, 943.03(4) FS.

LAW IMPLEMENTED: 145.071 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, 4:00 p.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 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 Florida Department of Law Enforcement, Criminal Justice Professionalism Program, 2331 Phillips Road, Tallahassee, Florida 32308

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

11K-1.003 Policy.

(1) The initial qualification for a sheriff to receive salary supplement shall be to complete 40 hours of approved education/ training courses as outlined in  subsection (4). Additionally, sheriffs newly elected after the effective date of this rule may achieve initial qualification by successful completion of the “Florida Sheriffs Institute” “New Sheriffs Seminar” sponsored by the Florida Sheriffs Association, provided that the Executive Director, FDLE, or their designee has certified that the “Florida Sheriffs Institute” “New Sheriffs Seminar” meets the requirements for 40 hours of approved special qualification salary training. The Florida Sheriffs Institute is permitted to be completed by newly elected sheriffs after the election is certified and shall count toward the calendar year they are sworn in.

(2) In order to remain qualified, the sheriff shall thereafter be required to complete each calendar year 20 hours of approved education/training courses as outlined in subsection (4).

(3) An approved course may not be repeated by a sheriff for salary supplement for a period of at least 3 years.

(4) For purposes of this section, the following approved education/training courses will apply for either initial qualification or maintenance of initial qualification, provided however that programs for maintenance of initial qualification are attended during the calendar year for which special qualification salary is sought:

(a) Executive level courses offered through the Florida Criminal Justice Executive Institute.specific management level or leadership programs offered by the following associations, colleges, universities, or organizations:

1. National Sheriffs’ Association (National Sheriff ‘s Institute Management Program).

2. Southern Police Institute (Executive and Management/Administrative Course).

3. Northwestern Traffic Institute (Management and Administrative Course).

4. FBI National Academy.

5. The Florida Sheriffs Association Center for Excellence.

(5) In the event of exceptional or emergency circumstances, which preclude a sheriff from attending approved educational training courses, a sheriff may request from the Executive Director, FDLE, an extension of up to 90 days provided a written request is received and approved prior to the sheriff’s special qualification salary date of expiration.

(6) In addition, any other education/training program approved by the Executive Director, FDLE, or their designee in accordance with the following procedures, will satisfy the requirements of Section 145.071, F.S.

(a) Requests for course approval must be received by the Florida Criminal Justice Executive Institute 30 days prior to commencement of the course and should contain the following specific items:

1. Course outline and number of hours.

2. List of instructors.

3. Projected date of attendance.

(b) Upon approval by the Executive Director, FDLE, or their designee, the Director of the Florida Criminal Justice Executive Institute staff will make a recommendation and to the Executive Director, FDLE, who will respond in writing to the sheriff at least 10 days prior to course commencement.

Rulemaking Specific Authority 145.071, 943.03(4) FS. Law Implemented 145.071 FS. History–New 2-1-84, Formerly 11K-1.03, Amended 5-29-91,__________.

 

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

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