Repeals the obsolete Role-Play Practicum Check Sheet form CJSTC-3. Updates the Alcohol Testing Program course hours to agree with the course hours in Rule 11B-35.007, F.A.C. To implement the new Florida CMS Correctional and related cross-over ...

DEPARTMENT OF LAW ENFORCEMENT
Criminal Justice Standards and Training Commission

RULE NO.: RULE TITLE:
11B-35.001: General Training Programs; Requirements and Specifications
11B-35.0011: Requirements for Applicant Admission into a Law Enforcement, Correctional, and Correctional Probation Basic Recruit Training Program
11B-35.002: Basic Recruit Training Programs for Law Enforcement, Correctional, and Correctional Probation
11B-35.007: Specialized Training Program
11B-35.009: Exemption from Basic Recruit Training

PURPOSE AND EFFECT: Repeals the obsolete Role-Play Practicum Check Sheet form CJSTC-3. Updates the Alcohol Testing Program course hours to agree with the course hours in Rule 11B-35.007, F.A.C. To implement the new Florida CMS Correctional and related cross-over training programs, and the CMS Correctional Auxiliary Basic Recruit Training Programs by adding the new Florida CMS Correctional and related cross-over training program, and the CMS Correctional Auxiliary Basic Recruit Training Programs effective July 1, 2012; adding rule language to continue the existing Correctional Basic Recruit Training Program and related cross-over programs until the new programs are implemented; adding the state officer certification examinations required for the new Programs; and repealing obsolete basic recruit training programs. To implement eLearning (on-line training) for Specialized Training Program Courses by: Defining the daily student attendance records and excused absence process for eLearning; defining competency-based instruction; adding competency-based instruction for specialized training program courses and specialized instructor training courses; defining eLearning instruction; specifying the specialized training program courses available for eLearning; defining officer training units for delivery of specialized training courses; listing the specialized training programs allowed for eLearning; listing the specialized instructor training courses and the breath test and agency inspector courses excluded from eLearning; requiring courses to be delivered using the Learning Management System; defines Learning Management System; and creating the eLearning Course Minimum Standards form CJSTC-18 to document eLearning. To comply with statutory revisions to Section 943.17(1)(g), F.S., amended on 7/1/10, which removes the requirement for a correctional probation basic recruit training applicant to pass the Correctional Probation Basic Abilities Test prior to entering the Florida Correctional Probation Basic Recruit Training Program. To comply with statutory revisions to section 943.131(2), F.S., amended on 7/1/10 by revising the Equivalency-of-Training form CJSTC-76 and rule to allow individuals, certified by another state, military, or the federal government, to receive additional equivalency of training exemptions until the individual completes the required high-liability training and passes the state examination and gains employment and repealing State Officer Certification Examination Admission Voucher form CJSTC-517, which is currently required, along with form CJSTC-76, to take the paper and pencil state examination.

SUMMARY: Repeals form CJSTC-3; implementation of the new Computer-Based State Officer Certification Examination; updates the Alcohol Testing Program course hours; implementation of the new Florida CMS Correctional and related cross-over training programs, and the CMS Correctional Auxiliary Basic Recruit Training Programs; implementation of eLearning (on-line training) for Specialized Training Program Courses; removes repeals the Correctional Probation Basic Abilities Test; and allow individuals, certified by another state, military, or the federal government, to receive additional equivalency of training exemptions.

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), (2), 943.17 FS.
LAW IMPLEMENTED: 943.12, 943.131(2), 943.17, 943.175, 943.25 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: Tuesday, February 28, 2012, 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 RULES 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 RULES IS:

11B-35.001 General Training Programs; Requirements and Specifications.

(1) through (5) No change.

(6) For the Florida CMS Law Enforcement Basic Recruit Training Program, Cross-Over Programs to Florida CMS Law Enforcement Basic Recruit Training Program, and CMS Law Enforcement Auxiliary Prerequisite Course effective April 1, 2008, the training center director shall:

(a) No change.

(b) Ensure that student role-play practicums are conducted, as required in the curriculum, and report the results on a Role-Play Practicum Check Sheet, form CJSTC-3, revised October 30, 2008, hereby incorporated by reference. Form CJSTC-3 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]. This form shall be completed by an instructor and maintained in the course file at the training school.

(7) through (8) No change.

(9) Student academic performance in courses.

(a) through (c) No change.

(d) Specialized Instructor Training Courses outlined in subsection 11B-35.007(3), F.A.C., and the following Specified Specialized Training Program Courses require an end-of-course examination:

	Course Number	Course Title	Course Hours
1.  5. No change.
6.	851	Breath Test Operator Course	16 6
7.	951	Breath Test Operator Renewal Course	4 6
8.  13. No change.

 

(e) No change.

(10) Implementation of the Florida CMS Correctional Law Enforcement and Florida Correctional Probation Basic Recruit Training Programs. The Commission is preparing a significant update to the Commission-approved Law Enforcement and Correctional Probation Basic Recruit Training Programs. This program These programs and courses are based on a statewide job-task analysis of the criminal justice disciplines and provides an enhanced learning environment.

(a) Each training school that offers a Florida CMS Correctional Basic Recruit Training Program shall deliver all course materials included in the training program. Delivery and sequencing of the course materials shall comply with the requirements set forth in the Commission’s approved Florida CMS Correctional Basic Recruit Training Curriculum.

(b)(a) Finalization and field delivery of these course materials are necessary to evaluate the programs before certain course criteria can be established and final rules adopted. To accomplish these goals the Commission:

1. Authorizes implementation of the Florida CMS Correctional Law Enforcement Basic Recruit Training Program effective July 1, 2012 April 1, 2008.

2. Authorizes implementation of the CMS Correctional Auxiliary Basic Recruit Training Program effective July 1, 2012.

2. Authorizes implementation of the Florida Correctional Probation Basic Recruit Training Program effective April 1, 2008.

3. Approves implementation of the updated Commission-approved high-liability training courses for Defensive Tactics, Firearms, Vehicle Operations, and First Aid, to include updated curricula, student performance requirements, and student performance evaluation forms.

4. Approves the implementation of updated Commission-approved high-liability instructor training courses for Defensive Tactics, Firearms, Vehicle Operations, and First Aid, to include updated curricula, instructor student performance requirements, and instructor student performance evaluation forms.

3.5. Approves the continued delivery of the Traditional Correctional CMS Application-Based Law Enforcement Basic Recruit Training Program. Notwithstanding subsection 11B-27.002(4), F.A.C., a basic recruit student enrolled in a Commission-approved Traditional Correctional CMS Application-Based Law Enforcement Basic Recruit Training Program, with a beginning date prior to July 1, 2012 April 1, 2008, shall be allowed to continue in that program until the student successfully completes, fails, or withdraws from the program.

4.6. Approves continued delivery of the Correctional Auxiliary Traditional Correctional Probation Basic Recruit Training Program. Notwithstanding subsection 11B-27.002(4), F.A.C., a basic recruit student enrolled in a Commission-approved Correctional Auxiliary Officer Traditional Correctional Probation Basic Recruit Training Program with a beginning date prior to July 1, 2012 September 1, 2007, shall be allowed to continue in the program until the student successfully completes, fails, or withdraws from the program.

(c)(b) Florida CMS Correctional State Officer Certification Examination SOCE Law Enforcement SOCE. Notwithstanding, subsection 11B-27.002(4), F.A.C., a basic recruit student who successfully completes the Florida CMS Correctional Law Enforcement BRTP is eligible to apply for and take the Florida CMS Correctional Law Enforcement SOCE pursuant to Rule 11B-30.0062, F.A.C.

(c) Florida Correctional Probation SOCE. Notwithstanding, subsection 11B-27.002(4), F.A.C., a basic recruit student who successfully completes the Florida Correctional Probation BRTP is eligible to apply for and take the Florida Correctional Probation SOCE pursuant to Rule 11B-30.0062, F.A.C.

(d) Notwithstanding subsection 11B-27.002(4), F.A.C., a basic recruit student enrolled in one of the following Commission-approved Cross-Over Basic Recruit Training Programs with a beginning date prior to July 1, 2012 April 1, 2008, shall be allowed to continue in the program until the student successfully completes, fails, or withdraws from the program.

1. Law Enforcement Officer Cross-Over Training to Traditional Correctional Basic Recruit Training Program, number 1181. Cross-over from Traditional Correctional to CMS Application-Based Law Enforcement Basic Recruit Training Program.

2. Correctional Probation Officer Cross-Over Training to Traditional Correctional Basic Recruit Training Program, number 1182. Cross-over from Traditional Correctional Probation to CMS Application-Based Law Enforcement Basic Recruit Training Program.

3. Correctional Officer Cross-Over Training to Florida CMS Law Enforcement Basic Recruit Training Program, number 1178. Cross-over from CMS Application-Based Law Enforcement to Traditional Correctional Probation Basic Recruit Training Program.

4. Correctional Officer Cross-Over Training to Florida Correctional Probation Basic Recruit Training Program, number 1183. Cross-over from Traditional Correctional to Traditional Correctional Probation Basic Recruit Training Program.

(11) No change.

(12) Student attendance requirements for Commission-approved Basic Recruit Training Programs outlined in subsection 11B-35.002(1), F.A.C., Specialized Training Programs outlined in subsection 11B-35.007(1), F.A.C., and Advanced Training Program Courses outlined in paragraph 11B-35.006(1)(b), F.A.C.

(a) The training center director or designee shall maintain daily student attendance records or login records or electronic records of participation for each training course. A training school shall have a written copy of its attendance policy available for review by students and Commission staff.

(b) Each student shall attend or login and complete all sessions of a training course except for absences approved by the training center director or designee. Documentation specifying the reason for the excused absence or non-completion of login activity or non-completion of student assignments shall be maintained in the course file at the training school. Students shall be responsible for class work missed during absences. The training center director or designee shall determine the content and quantity of makeup work. Documentation of the student’s make-up work shall be signed by the training center director or designee and maintained in the student or course file at the training school.

(c) Competency-Based Instruction. The Commission approves competency-based instruction in the delivery of basic recruit training programs, specialized training program courses, and specialized instructor training courses as defined in subparagraph (12)(c)1. of this rule section.

1. through 3. No change.

(d) eLearning Instruction.

1. Training schools are permitted to use eLearning instruction for Commission-approved Specialized Training Program Courses.

2. eLearning Instruction is defined as a broad set of applications and processes that are facilitated and supported by information and communications technology (ICT) that includes, but are not limited to web-based learning, computer-based learning, virtual classrooms, digital media, internet learning, intranet learning, satellite broadcast, interactive TV, and CD-ROM.

3. Courses developed from Specialized Goals and Objectives and Specialized Training Program Courses shall receive full credit for the number of Officer Training Units (OTU) established for delivery of a course.

4. “Officer Training Unit” is defined as “the number of seat hours determined to deliver a course through classroom instruction.”

(13) through (15) No change.

(16) Proof of course completion. A training school shall, within thirty days following the completion of a Commission-approved Basic Recruit, Advanced, or Specialized Training Program Course, provide to a student who has successfully completed the program, a certificate, which shall contain at a minimum, the name of the training school, the student’s name, the dates of the program or course, the number of program or course contact hours, the title of the Basic Recruit, Advanced, or Specialized Training Program Course, and the current training center director’s signature. Basic Recruit Training Completion Certificates shall contain the Curriculum Version Number for the course taught. In addition to a certificate, the training school shall provide to a student, who has successfully completed a Commission-approved Basic Recruit Training Program and will be required to pass the State Officer Certification Examination, an Examination Admission Voucher, form CJSTC-517, revised November 8, 2007, hereby incorporated by reference. Form CJSTC-517 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].

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,________.

 

11B-35.0011 Requirements for Applicant Admission into a Law Enforcement, Correctional, and Correctional Probation 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, or correctional probation disciplines, prior to entering a program. The BAT shall be administered in the state of Florida.

(a) No change.

(b) BAT providers shall restrict access to the BAT to those applicants who produce valid photo identification pursuant to paragraph 11B-30.008(2)(a) F.A.C. Providers shall validate the name, date of birth, gender, and social security number of each applicant to ensure that the information given by the applicant is consistent with the applicant’s driver license and social security record.

(c) through (i) No change.

(2) No change.

Rulemaking Specific 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,________.

 

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

(1) There are established by the Criminal Justice Standards and Training Commission, Basic Recruit Training Programs (BRTP) that provide the minimum required knowledge and proficiency skills necessary for officer employment and certification pursuant to Sections 943.10(1)-(3), F.S. Individuals who apply for employment as a Florida law enforcement, correctional, or correctional probation officer, shall successfully complete one of the following Commission-approved Basic Recruit Training Programs:

(a) No change.

 

(b)	Correctional Discipline
	Program Number	Basic Recruit Training Programs	Program Hours	Retired (R) Effective(E)
1.	502	Traditional Correctional BRTP	552	R-6/30/12 E-4/1/08
2.	555	Traditional Law Enforcement Cross-Over to Traditional Correctional BRTP	156	R-3/31/06
3.	556	Traditional Correctional Probation Cross-Over to Traditional Correctional BRTP	256	R-3/31/08
4.	1155	CMS Application-Based Law Enforcement Cross-Over to Traditional Correctional BRTP	199	R-3/31/08
5.	1181	Law Enforcement Officer Cross-Over Training to Traditional Correctional BRTP	199	R-6/30/12 E-4/1/08
6.	1192	Law Enforcement Officer Cross-Over Training to Florida CMS Correctional BRTP	TBA	E-7/1/12
7.6.	1182	Correctional Probation Officer Cross-Over Training to Traditional Correctional BRTP	256	R-6/30/12 E-4/1/08
8.	1193	Correctional Probation Officer Cross-Over Training to Florida CMS Correctional BRTP	TBA	E-7/1/12
9.7.	501	Correctional Auxiliary Officer BRTP	254	R-6/30/12 E-1/1/97
10.	1190	Florida CMS Correctional BRTP	TBA	E-7/1/12

(c) No change.

(2) through (6) No change.

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,________

 

11B-35.007 Specialized Training Program.

(1) The Commission’s Specialized Training Program may be used by training schools and consist of the following Commission-approved:

(a) Specialized Goals and Objectives, pursuant to subsection (2) of this rule section;

(b) Specialized Instructor Training Courses, pursuant to subsection (3) of this rule section; and

(c) Specialized Training Program Courses, pursuant to subsection (4) of this rule section.

(2) Courses developed from the Specialized Goals and Objectives have been designed to use Commission-established categories, topics, and objectives that encompass subject matter pertinent to training within the criminal justice profession. Such courses shall be developed using a “menu” approach to fulfill local criminal justice agency training needs.

(a) No change.

(b) A training school shall adhere to the following procedures to develop courses from the Specialized Goals and Objectives:

1. through 8. No change.

9. Establish the number of hours of instruction according to local agency needs. A minimum of four hours of course instruction are required. A training school shall determine the number of objectives needed for each block of course instruction. To provide further flexibility, a maximum of four hours of electives may be used for each forty hours of course instruction.

10. No change.

(3) Specialized Instructor Training Courses pursuant to paragraph (1)(b) of this rule section. The following Specialized Instructor Training Courses are Courses developed and approved by the Commission for instructor training and shall be delivered in their entirety by a training school for an individual to qualify to apply as a Commission-certified instructor. Commission-approved Specialized Instructor Training Courses are:

(a) through (q) No change.

(4) Commission-approved Specialized Training Program Courses pursuant to paragraph (1)(d) of this rule section. The following Commission-approved Specialized Training Program Courses are developed and approved by the Commission and that have not been designated as Commission-approved Advanced Training Program Courses:

 

	Course Number	Course Names	Course Hours
(a)-(m) No change.
(n)	851	Breath Test Operator Course	16
(o)	951	Breath Test Operator Renewal Course	4
(p)	850	Agency Inspector Course	24
(q)	950	Agency Inspector Renewal Course	6
(n)(r)	1134	Criminal Justice Officer Ethics Course	8
(o)(s)	1135	Crimes Against Children	24
(p)(t)	1136	Domestic Violence	8
(q)(u)	1137	Violent Crime Investigator Training Course	40
(r)(v)	808	CMS Field Training Officer Transition Course	8
(s)(w)	1140	Basic Incident Command System (ICS) Course	6
(t)(x)	1141	Intermediate Incident Command System (ICS) Course	21
(u)(y)	1142	Advanced Incident Command System (ICS) Course	16
(v)(z)	1149	CMS Special Populations Course	32
(w)(aa)	1150	CMS Problem-Solving Model: SECURE Specialized Training Course	6
(x)(bb)	1160	Dart-Firing Stun Gun	8
(y)(ee)	1185	Elder Abuse Investigations	4 No Mandate

(5) Commission-approved Specialized Training Program Courses pursuant to paragraphs (1)(a) and (c) of this rule section. The following Commission-approved Specialized Training Program Courses are developed and approved by the Commission and have not been designated as Commission-approved Advanced Training Program Courses:

	Course Number	Course Names	Course Hours
(a)	851	Breath Test Operator Course	16
(b)	951	Breath Test Operator Renewal Course	4
(c)	850	Agency Inspector Course	24
(d)	950	Agency Inspector Renewal Course	6

(6)(5) Successfully completed Commission-approved Specialized Training Program Courses may be credited toward an officer’s mandatory retraining requirement pursuant to Rule 11B-27.00212, F.A.C. Documentation of such training shall be provided to students and shall include the name of the training school delivering the course, the course title or topics taught, course date(s), and course hours, or login records, or electronic records of participation.

(7)(6) Criminal Justice Standards and Training Trust Fund Officer Training Monies may be expended to conduct Commission-approved Specialized Training Program Courses pursuant to subsection (1) of this rule section. Officer Training Monies shall be expended pursuant to the requirements of Rule Chapter 11B-18, F.A.C.

(8) Criminal Justice Standards and Training Trust Fund Officer Training Monies may be expended to conduct eLearning instruction for Commission-approved Specialized Training Program Courses, pursuant to paragraph (1)(d) of this rule section, provided the courses are delivered using a learning management system, are instructor led, and the courses meet minimum standards. Officer Training monies shall be expended pursuant to the requirements of Rule Chapter 11B-18, F.A.C.

(a) “Learning Management System (LMS) is defined as a web-based software application for the administration, documentation, tracking, and reporting of training programs, classroom and on-line events, eLearning programs, and training content. The LMS shall facilitate:

1. Management of users, roles, courses, and instructors.

2. Manager approval.

3. Student messaging and notifications.

4. Assembly and delivery of learning resources utilizing the Shareable Content Object Reference Model (SCORM).

5. Navigation of course sequence.

6. Collaborative learning (e.g., application sharing, discussion threads).

7. On-line assessment.

8. Display of scores and transcripts.

9. Grading of coursework and roster processing.

10. Collection and preservation of student activity and performance data.

11. Web-based or blended course delivery (web-based and classroom combined) accessible via internet enabled computing and/or mobile platforms.

(b) Conformity with minimum standards shall be documented on the eLearning Course Minimum Standards, Form CJSTC-18, created December 16, 2010, hereby incorporated by reference, prior to delivery of the course and shall be maintained in the course file. An electronic copy of the corresponding course shall be maintained for a minimum of five years, and upon request shall be made available for review by Commission staff. Form CJSTC-18 and 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].

Rulemaking Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.175, 943.25 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,_________.

 

11B-35.009 Exemption from Basic Recruit Training.

(1) No change.

(2) An individual who applies for certification as a Florida officer shall qualify for exemption from completing a Commission-approved Basic Recruit Training Program if the applicant has:

(a) Successfully completed basic recruit training comparable in content to the Basic Recruit Training Program for the discipline for which the individual claims exemption or a previously completed Commission-approved Basic Recruit Training Program; and

(b) No change.

(3) For individuals who request an exemption from a Commission-approved Basic Recruit Training Program, the employing agency or Criminal Justice Selection Center shall:

(a) Verify that the applicant’s law enforcement training is comparable to the Commission’s Florida CMS Law Enforcement Basic Recruit Training Program for which the exemption is requested, and at a minimum reflects successful completion of training for the topics of Legal, Communications, Human Issues, Patrol, Criminal Investigations, Traffic Stops, Traffic Crash Investigations, Vehicle Operations, First Aid or equivalent, Firearms, and Defensive Tactics Law Enforcement Constitutional Law and Legal Issues, Report Writing, Interpersonal Skills, Firearms, Defensive Tactics, First Aid or equivalent, Vehicle Operations, Law Enforcement Patrol, Criminal Investigations, Traffic Crash Investigations, Traffic Control and Stops, and Crisis Intervention.

(b) Verify that the applicant’s correctional officer training is comparable to the Commission’s Traditional Correctional Basic Recruit Training Program whenever an exemption is requested, and at a minimum reflects successful completion of training for the topics of Legal, Communications, Responding to Emergencies, Correctional Operations, Inmate Supervision, Intake and Release, Officer Safety, Defensive Tactics, First Aid or Equivalent, and Firearms Correctional Legal Issues, Report Writing, Interpersonal Skills, Firearms, Defensive Tactics, First Aid or equivalent, and Correctional Operations.

(c) Verify that the applicant’s correctional probation officer training is comparable to the Commission’s Florida Correctional Probation Basic Recruit Training Program whenever an exemption is requested, and at a minimum reflects successful completion of training for the topics of Legal, Interpersonal Communication Skills, Caseload Management, Supervision, Investigations, Management Information Systems, Defensive Tactics, First Aid or equivalent, and Firearms. Correctional Probation Officer Legal Issues, Report Writing, Interpersonal Skills, Defensive Tactics, First Aid or equivalent, Probationer Supervision, Caseload Management, Information Systems Management, and Firearms Familiarization.

(d) through (e) No change.

(4) Inactive Florida officers who have been separated from employment for a period of four to eight years, may apply for exemption from re-taking the Basic Recruit Training Program for which the officer has been previously certified as a sworn officer. There shall be no more than an eight-year break in employment, which is measured from the separation date of the most recent qualifying employment to the time a complete application is submitted, for an exemption under this rule section. The employing agency or Criminal Justice Selection Center shall verify that the applicant has:

(a) No change.

(b) Been employed and certified as a criminal justice officer in Florida in the discipline for which reactivation or certification is requested.

(5) Documentation requirements for out-of-state, federal, and inactive Florida Officers. Upon verification of an individual’s request for exemption of training, pursuant to this rule section, an employing agency or Criminal Justice Selection Center shall submit to Commission staff a completed Equivalency-of-Training, form CJSTC-76, revised December 16, 2010 November 8, 2007, hereby incorporated by reference, for out-of-state, federal, and inactive Florida Officers. Form CJSTC-76 CMS 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]. Supporting documentation verifying the individual’s compliance with comparable basic recruit training and sworn criminal justice experience pursuant to this rule section shall be maintained on file by the employing agency or Criminal Justice Selection Center and submitted to Commission staff for review. The agency shall be notified of the approval or denial of the requested exemption of certification in writing within 30 working days. Any appeal of denial of exemption is governed by Section 120.57, F.S.

(6) High-Liability Basic Recruit Training proficiency skills requirements for out-of-state, federal, or inactive Florida officers. Prior to applying for certification, an out-of-state or federal officer, or inactive Florida officer, who is exempt from completing a Commission-approved Basic Recruit Training Program, pursuant to Section 943.131(2), F.S., shall demonstrate proficiency in the required High-Liability Basic Recruit Training Proficiency Skills of vehicle operations, firearms, defensive tactics, and first aid, pursuant to Rule 11B-35.0024, F.A.C., for the discipline for which certification is sought. Such officers shall achieve a passing score on the State Officer Certification Examination, pursuant to Rule 11B-30.0062, F.A.C., and paragraph 11B-30.008(2)(c), F.A.C. Demonstration of proficiency in the required High-Liability Basic Recruit Training Proficiency Skills and passing the State Officer Certification Examination shall be completed within one year after notification of approval of the Equivalency-of-Training form CJSTC-76 receiving exemption. Individuals who do not complete the required demonstration of proficiency in the High-Liability Basic Recruit Training Proficiency Skills and achieve a passing score on the State Officer Certification Examination within one year, are permitted to apply for another exemption from training, pursuant to Section 943.131(2), F.S., provided they meet the eligibility requirements outlined in Section 943.131(2), F.S. Upon demonstration of proficiency in the required High-Liability Basic Recruit Training Proficiency Skills, the training school shall complete an Equivalency-of-Training Proficiency Demonstration, form CJSTC-76A, revised December 16, 2010 November 8, 2007, hereby incorporated by reference, and provide a copy to the officer of both form CJSTC-76A and the Commission-approved Examination Admission Voucher form CJSTC-517. Form 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]. The training center director or designee shall, within thirty days of course completion, electronically transmit a completed Training Report form CJSTC-67 through the Commission’s ATMS, or submit an updated form CJSTC-67.

(7) Regardless of the number of exemptions from training an individual receives, the individual shall not take the State Officer Certification Examination more than three times without enrolling in and completing a Commission-approved Basic Recruit Training Program pursuant to Section 943.1397(2), F.S.

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

(9)(8) Individuals applying for exemption from a Commission-approved Basic Recruit Training Program, outlined in this rule section, shall not engage in conduct that subverts or attempts to subvert the State Officer Examination process pursuant to Rule 11B-30.009, F.A.C.

Rulemaking Specific 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,________.

 

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: November 15, 2011

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 14, 2011