Paragraph 11B-35.001(4)(a), F.A.C.: Adds a requirement for persons entered in a BRTP to be a U.S. citizen, which limits admission to those persons who can qualify to be certified as an officer. Sub-paragraphs 11B-35.001(11)(c)6.-7., F.A.C.: Adds ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NOS.:RULE TITLES:

11B-35.001General Training Programs; Requirements and Specifications

11B-35.0011Basic Abilities Test Requirements for Applicant Admission into a Law Enforcement and Correctional Basic Recruit Training Program

11B-35.002Basic Recruit Training Programs for Law Enforcement, Correctional, and Correctional Probation

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

11B-35.003Basic Recruit Training Programs for Law Enforcement, Correctional, and Correctional Probation Auxiliary Training

11B-35.009Exemption from Basic Recruit Training

PURPOSE AND EFFECT: Paragraph 11B-35.001(4)(a), F.A.C.: Adds a requirement for persons entered in a BRTP to be a U.S. citizen, which limits admission to those persons who can qualify to be certified as an officer.

Sub-paragraphs 11B-35.001(11)(c)6.-7., F.A.C.: Adds the Single Officer Response to Active Threat and Shooter Incidents Course; and the Crisis Intervention Training for School Resource Officers Course, developed for SROs, to the list of Specialized Training Program courses that will be reported to the Commission and entered into ATMS. Adding the two new courses to the list will allow the staff and agencies to monitor their usage.

Sub-paragraph 11B-35.001(11)(d)14., F.A.C.: Adds a requirement for documentation showing persons entered in a BRTP to be a U.S. citizen, which ensures the training centers are verifying compliance with Rule 11B-35.001(4)(a), F.A.C.

Subsection 11B-35.001(17), F.A.C.: Removes unnecessary language in Rule 11B-35.001(17), F.A.C., which authorized the CMS Criminal Justice Defensive Tactics Course Field Test which will end no later than June 30, 2020.

Paragraph 11B-35.0011(1)(a), F.A.C.: Removes language relating to multiple providers of the BAT because there will be only one (1) provider of the BAT, effective August 2019.

Subsection 11B-35.0011(2), F.A.C.: Removes language relating to multiple providers of the BAT because there will be only one (1) provider of the BAT, effective August 2019.

Sub-paragraphs 11B-35.002(6)(c)3.-10., F.A.C.: Renumbers subsections of Rule 11B-35.002(6)(c)1.-10, F.A.C., and removes cross-over programs that have been retired for more than four years from the list of retired programs eligible for completion within four years.

Sub-paragraph 11B-35.002(6)(c)3., F.A.C.: Removes the Correctional Officer Cross-Over Training to Florida CMS Law Enforcement BRTP number 1191 from the list of retired programs eligible for completion because the program has been retired for more than four years.

Sub-paragraph 11B-35.002(6)(c)5., F.A.C.: Removes the Correctional Probation Officer Cross-Over Training to Florida CMS Law Enforcement Basic Recruit Training Program number 1179 from the list of retired programs eligible for completion because the program has been retired for more than four years.

Sub-paragraph 11B-35.002(6)(c)7., F.A.C.: Removes the Law Enforcement Officer Cross-Over Training to Florida CMS Correctional BRTP number 1192 from the list of retired programs eligible for completion because the program has been retired for more than four years.

Sub-paragraph 11B-35.002(6)(c)9., F.A.C.: Removes the Law Enforcement Officer Cross-Over Training to Florida Correctional Probation Basic Recruit Training Program number 1184 from the list of retired programs eligible for completion because the program has been retired for more than four years.

Sub-paragraph 11B-35.0024(3)(a)2., F.A.C.: Incorporates the revised CMS Defensive Tactics Performance Evaluation, form CJSTC-6 CMS, to accompany the updated CMS Criminal Justice Defensive Tactics Course, effective July 1, 2020.

Subsection 11B-35.003(2), F.A.C.: Updates the current language to include the State Officer Certification Examination requirement and clarifies applicants for certification as auxiliary officers must comply with all requirements of s. 943.13, F.S.

Paragraph 11B-35.003(2)(d), F.A.C.: Expands the training options available for training schools to meet the needs of their customer agencies by defining a “virtual classroom”, the delivery requirements, and allows the use of a virtual classroom to present Auxiliary Basic Recruit Training.

Subsection 11B-35.009(10), F.A.C.: Maintains consistency with persons who complete a Basic Recruit Training Program by adding the requirement that a person who completes the exemption from training program must gain certification within four years.

SUMMARY: Added requirement for persons entered in a BRTP to be a U.S. citizen; Specialized Training Program courses developed for SROs; removal of CMS Criminal Justice Defensive Tactics Course Field Test language; single BAT provider; updated list of basic recruit training programs and retired training programs; revised CMS Defensive Tactics Performance Evaluation, form CJSTC-6 CMS; exemption from training program requirements; certification requirements for auxiliary officers; and definition of “virtual classroom” and delivery requirements to include Auxiliary Basic Recruit Training.

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 Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes.

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), 943.17 FS.

LAW IMPLEMENTED: 943.12, 943.12(5), 943.131(2), 943.17, 943.17(1)(a),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: Thursday, March 5, 2020 at 10:00 a.m.

PLACE: Florida Department of Law Enforcement, Criminal Justice Professionalism, 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: Joyce Gainous-Harris 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: Joyce Gainous-Harris 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-35.001 General Training Programs; Requirements and Specifications.

(1) through (3) No change.

(4) Commission-approved training shall be made available to the following:

(a) Students who enroll in a Commission-approved Basic Recruit Training Program to become certified law enforcement, correctional, or correctional probation officers. Prior to enrolling in a Commission-approved Basic Recruit Training Program, students must comply with s. 943.13(2), Florida Statutes.

(b) through (c) No change.

(5) through (10) No change.

(11) Reporting requirements for Commission-approved Basic Recruit, Advanced, Specialized, and Special Operations Forces Training Program Courses are as follows:

(a) through (b) No change.

(c) The following Specialized Training Program Courses shall be submitted to Commission staff through the Commission’s ATMS, by transmitting a completed form CJSTC-67 within thirty days of the course completion: 

1. through 5. No change.

6. Single Officer Response to Active Threat and Shooter Incidents Course.

7. Crisis Intervention Training for School Resource Officers Course.

(d) The training center director or designee shall ensure that the records for Commission-approved Basic Recruit, Advanced, Specialized, and Special Operations Forces Training Program Courses are maintained in the course file within the training school.  Each course shall be subject to audit by Commission staff.  Such records shall, at a minimum, include: 

1. through 13. No change.

14. For Basic Recruit Training Programs, proof of compliance with Sections 943.13(2), 943.14(7) and 943.17(1)(g), F.S., and paragraph 11B-35.001(13) (b), F.A.C., which includes a completed Physician’s Assessment, form CJSTC-75, revised, August 4, 2016, effective 7/2017, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-08442. Form CJSTC-75 can be obtained at the following FDLE Internet address:  http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at [phone]. 

15. through 16. No change.

(12) through (16) No change.

(17) CMS Criminal Justice Defensive Tactics Course Field Test – The Criminal Justice Standards and Training Commission is currently evaluating defensive tactic techniques taught to law enforcement, corrections, and correctional probation recruits in the respective basic recruit training programs. The purpose of the evaluation is to determine the usefulness of current defensive tactics techniques training and identify ways to enhance the training. As part of the evaluation, CJSTC staff conducted a study of the current defensive tactics techniques training program. The study concluded that because few recruits have fighting experience and few officers do defensive tactics training off-duty, any techniques taught during the basic recruit program should be easy for novices to learn and remember. Effective techniques that rely on gross motor skills and can apply to multiple situations would be the ideal techniques to teach. Reducing the number of tactics would allow instructors to have students do multiple repetitions of techniques without increasing training hours. Officers must be able to make quick decisions about how to react and, when appropriate, perform defensive moves fluidly. More realistic simulation training will allow recruits to practice what they learn in basic recruit training and be more confident when entering the field. A revised defensive tactic techniques course is under development in response to the study results. A CMS Criminal Justice Defensive Tactics field-test in a classroom environment with student participation is necessary to evaluate the changes to the course and make modifications if needed before certain course criteria can be established and final rules adopted. In order to accomplish these goals:

(a) The Commission-authorizes field-testing of the CMS Criminal Justice Defensive Tactics Basic Recruit Training Program curriculum, effective August 1, 2018.

(b) For those participating in the field-test, the Commission approves the CMS Criminal Justice Defensive Tactics field-test as the required high liability defensive tactics training curriculum for the law enforcement, corrections, and correctional probation basic recruit training programs.

(c) Training curricula for the CMS Criminal Justice Defensive Tactics field-test shall be maintained within the Florida Department of Law Enforcement, Criminal Justice Professionalism Division. 

(d) Testing of CMS Criminal Justice Defensive Tactics Curriculum shall be conducted in three phases by Commission-certified criminal justice training schools. Schools conducting the field-test must remain with the field-test throughout its duration. The Professionalism Division will be responsible for ensuring participating schools have the most up-to-date defensive tactics field-test curriculum.

1. Phase I – the first phase of the field-test will include four Commission-certified training schools and involve at least one law enforcement, corrections, and correctional probation basic recruit class. To participate, schools must request in writing approval from the Director of the Criminal Justice Professionalism Division. The Professionalism Division will select schools to participate in this phase.

2. Phase II – the second phase will include schools from the initial field test with the addition of seven Commission-certified training schools. To participate, schools must request in writing approval from the Director of the Criminal Justice Professionalism Division. The Professionalism Division will select schools to participate in this phase, giving consideration to small, medium, and large training schools, and schools representing the various regions of the state.

3. Phase III – the final phase is open to all Commission-certified training schools. Prior to starting a field test, Phase III schools must request in writing approval from the Director of the Criminal Justice Professionalism Division.

(a) All field-tests of the CMS Criminal Justice Defensive Tactics Basic Recruit Training Program curriculum revision must include a lead instructor who has completed the Specialized Defensive Tactics Instructor Update Course number 1200.

(b) Students receiving the field-test training must show proficiency in accordance with the CMS Criminal Justice Defensive Tactics field-test curriculum and field-test curriculum.

(c) Students participating in the CMS Criminal Justice Defensive Tactics field-test shall be students seeking Commission training for the purpose of completing a law enforcement, corrections, or correctional probation basic recruit training program.

Rulemaking Authority 943.03(4), 943.12(1), (2), 943.17 FS.  Law Implemented 943.12, 943.17 FS.  History–New 12-13-92, Amended 8-7-94, 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, 9-28-09, 6-3-10, 5-21-12, 3-13-13, 5-29-14, 7-29-15, 9-4-16, 7-19-17, 8-15-18, 7-9-19, ________.

 

11B-35.0011 Basic Abilities Test Requirements for Applicant Admission into a Law Enforcement and Correctional Basic Recruit Training Program.

(1) Basic Abilities Test.  To comply with Section 943.17(1)(g), F.S., applicants who apply for entry into a Commission-approved Basic Recruit Training Program after January 1, 2002, shall obtain a passing score on a Commission-approved Basic Abilities Test (BAT) for the law enforcement or correctional disciplines, prior to entering a program.  The BAT shall be administered in the state of Florida.

(a) The applicant shall not take the a specific provider’s BAT more than three total times in each discipline during any twelve-month period.  Any subsequent results on the provider’s test in each discipline within this period will be invalid.

(b) through (h) No change.

(2) Requests for accommodations pursuant to the American with Disabilities Act shall be governed by subsection 11B-30.0071(4), F.A.C.  Determinations as to eligibility for accommodations shall be made by the individual BAT providers on a case-by-case basis. 

Rulemaking Authority 943.03(4), 943.12(1), (2) FS.  Law Implemented 943.17 FS.  History–New 7-29-01.  Amended 11-5-02, 11-30-04, 3-21-07, 6-9-08, 5-21-12, 3-13-13, 5-29-14, 9-4-16, 8-15-18, __________. 

 

11B-35.002 Basic Recruit Training Programs for Law Enforcement, Correctional, and Correctional Probation.

(1) through (5) No change.

(6)(a) through (b) No change.

(c) Students who entered into a basic recruit training program and have not completed it at the time that it is retired, remain eligible to complete the program, provided they complete the training within four years of the beginning date, pursuant to this rule section. Retired programs eligible for completion are: 

1. through 2. No change.

3. Correctional Officer Cross-Over Training to Florida CMS Law Enforcement Basic Recruit Training Program number 1191 (Retired June 30, 2014). Eligible until June 30, 2018.

3. 4. Correctional Probation Officer Cross-Over Training to Florida Law Enforcement Academy number 2004 (Retired June 30, 2016). Eligible until June 30, 2020.

5. Correctional Probation Officer Cross-Over Training to Florida CMS Law Enforcement Basic Recruit Training Program number 1179 (Retired June 30, 2014).  Eligible until June 30, 2018.

4.6. Law Enforcement Officer Cross-Over Training to Florida CMS Correctional Basic Recruit Training Program number 2005 (Retired June 30, 2016). Eligible until June 30, 2020.

7. Law Enforcement Officer Cross-Over Training to Florida CMS Correctional BRTP number 1192 (Retired June 30, 2014).  Eligible until June 30, 2018.

5.8. Correctional Probation Officer Cross-Over Training to Florida CMS Correctional Basic Recruit Training Program number 1193 (Retired June 30, 2016). Eligible until June 30, 2020.

9. Law Enforcement Officer Cross-Over Training to Florida Correctional Probation Basic Recruit Training Program number 1184 (Retired June 30, 2014).  Eligible until June 30, 2018.

6.10. Correctional Officer Cross-Over Training to Florida Correctional Probation Basic Recruit Training Program number 1183 (Retired October 31, 2016). Eligible until June 30, 2020.

Rulemaking Authority 943.03(4), 943.12(1), (2), 943.17 FS.  Law Implemented 943.12, 943.17 FS.  History–New 12-13-92, Amended 1-10-94, 8-7-94, 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, 9-28-09, 5-21-12, 3-13-13, 5-29-14, 7-29-15, 9-4-16, 7-19-17, 8-15-18, _______.

 

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

(1) through (2) No change.

(3) Successful completion and demonstration of proficiency skills is required for each of the following high-liability courses:  CMS Criminal Justice Defensive Tactics Course, CMS Defensive Tactics Instructor Course, CMS Criminal Justice Firearms Course, CMS Firearms Instructor Course, Safe Handling of Firearms course, CMS Law Enforcement Vehicle Operations Course, CMS Vehicle Operations Instructor Course, CMS First Aid for Criminal Justice Officers Course, and CMS First Aid Instructor Course. 

(a) CMS Criminal Justice Defensive Tactics Course. 

1. No change.

2. A basic recruit student shall achieve a score of no less than 80% on the required written end-of-course examination and demonstrate at 100% proficiency, defensive tactics skills taught by a training school, with the results recorded on the required CMS Defensive Tactics Performance Evaluation, form CJSTC-6 CMS, revised ___________, effective _______ November 5, 2015, effective 9/2016, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-___ http://www.flrules.org/Gateway/reference.asp?No=Ref-07368. Form CJSTC-6 CMS can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at [phone].  Form CJSTC-6 CMS shall be maintained in the student or course file.

3. No change.

(b) through (i) No change.

(4) No change.

Rulemaking Authority 943.03(4), 943.12(1), (2) FS.  Law Implemented 943.12, 943.17 FS.  History–New 2-17-93, Amended 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, 5-29-14, 7-29-15, 9-4-16, 7-19-17, _________. 

 

11B-35.003 Basic Recruit Training Programs for Law Enforcement, Correctional, and Correctional Probation Auxiliary Training.

(1) No change.

(2) To become certified as a law enforcement or correctional auxiliary officer, an applicant shall meet the requirements outlined in Sections 943.13(1)-(9), and (11), 943.14(7) and 943.17(1)(g), F.S. To become certified as a correctional probation auxiliary officer, an applicant shall meet the requirements outlined in Sections 943.13(1)(9), and (11) and 943.14(7), F.S., and shall complete in its entirety the Correctional Probation Basic Recruit Training Program active at the time of enrollment.  Applicants requesting certification as a correctional officer shall complete in its entirety the Correctional Basic Recruit Training Program active at the time of enrollment. Applicants requesting certification as a law enforcement auxiliary officer shall successfully complete the following Auxiliary Officer Basic Recruit Training Program requirements: 

(a) through (c) No change.

(d) Auxiliary Officer Prerequisite Courses excluding all high-liability training courses may be taught using a virtual classroom.  A virtual classroom is defined as a curriculum delivery system in which a Commission-certified instructor at one location presents course curriculum to one or more remote locations using video conference technology. All virtual classroom sites must be Commission-approved satellite sites for the training school delivering the curriculum.  At least one Commission-certified instructor must be present at each approved satellite classroom site when students are present and must remain in the classroom while curriculum is being presented.

(3) through (5) No change.

Rulemaking Authority 943.03(4), 943.12(1), (2) FS.  Law Implemented 943.12(5), 943.17(1)(a) FS.  History–New 12-13-92, Amended 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, 5-29-14, 9-4-16, 7-19-17, 8-15-18, _________. 

 

11B-35.009 Exemption from Basic Recruit Training.

(1) through (9) No change.

(10) Individuals, who have qualified for an exemption from a Commission-approved Basic Recruit Training Program, pursuant to this rule section, shall become employed and certified as an officer within four years from the earlier of the beginning date of the required proficiency demonstration as entered on the Training Report form CJSTC-67 or the beginning date of the Special Operations Forces Training Program.

(11) No change.

Rulemaking Authority 943.03(4), 943.12(1), (2) FS.  Law Implemented 943.131(2) FS.  History–New 1-2-97, Amended 7-7-99, 11-5-02, 11-30-04, 3-27-06, 3-21-07, 6-9-08, 5-21-12, 3-13-13, 5-29-14, 7-29-15, 9-4-16, 7-19-17, 8-15-18, 7-9-19, ________.

 

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: February 4, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 25, 2019