To revise, clarify and update rule language pertaining to the following topic(s): Delegation of specific training center director duties to a designee appointed by the training center director and exemption from completing the CMS First Aid for ...

 

DEPARTMENT OF LAW ENFORCEMENT
Criminal Justice Standards and Training Commission

RULE NO: RULE TITLE
11B-35.001: General Training Programs; Requirements and Specifications
11B-35.003: Basic Recruit Training Programs for Law Enforcement, Correctional, and Correctional Probation Auxiliary Training
11B-35.006: Advanced Training Program
PURPOSE AND EFFECT: To revise, clarify and update rule language pertaining to the following topic(s): Delegation of specific training center director duties to a designee appointed by the training center director and exemption from completing the CMS First Aid for Criminal Justice Officers Course in the CMS Law Enforcement Auxiliary Officer Basic Recruit Training Program based on education and training experience in the United States or its territories.
SUMMARY: Rule 11B-35.001, F.A.C.: Restructured and clarified existing rule language. Revised to allow training center director designees administer polices set by the Commission or the director, approve documents or make routine requests consistent with the Commission or director’s guidance, and represent the director at meetings. Rule 11B-35.003(5), F.A.C.: Revised to exempt the following individuals from completing the 40-hour CMS First Aid for Criminal Justice Officers course CJK_0031, in the CMS Law Enforcement Auxiliary Officer Basic Recruit Training Program based on their education and training experience: Certified emergency medical technicians, certified paramedics, licensed physicians, licensed physician’s assistants, registered nurses or licensed practical nurses, and Members of the Armed Forces of the United States on active duty entitled to practice as an Emergency Medical Technician (EMT) or a Florida paramedic set forth in Chapter 401, F.S., Part III., who have three years experience in emergency medical care. Rule 11B-35.006, F.A.C.: Revised to update the name of advanced training program course(s).
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 943.03(4), 943.12(1), (2), 943.17 FS.
LAW IMPLEMENTED: 943.12, 943.12(5), 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: Tuesday, April 6, 2010, 10:00 a.m.
PLACE: Florida Department of Law Enforcement (FDLE), Criminal Justice Professionalism Program, 2331 Phillips Road, Tallahassee, FL 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]. 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]

THE FULL TEXT OF THE PROPOSED RULE IS:

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

(1) through (4) No change.

(5) The training center director shall ensure that provide to each student is provided with a paper copy of the Commission’s currently approved Basic Recruit Training Curriculum applicable to the student’s enrollment prior to or at the beginning of the program.

(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) Ensure that each student is taught from and has printed class materials to include the current copy of the curriculum, Florida Statutes, Florida handbook on jury instructions, and CJSTC Course Summary. These materials are to be provided prior to or at the start of the program.

(b) Ensure that Conduct 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 created November 8, 2007, 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) Training center directors shall ensure that instructors are delivering the current Commission-approved training programs in compliance with Commission rules.

(8) Training curricula and delivery requirements shall be maintained for Commission-approved Basic Recruit, Advanced, and Specialized Training Programs within the Florida Department of Law Enforcement, Criminal Justice Professionalism Program.

(9) Student academic performance in courses.

(a) through (b) No change.

(c) The training center director or designee is responsible for the development, maintenance, and administration of comprehensive end-of-course examinations. The training center director or designee is authorized to develop, maintain, and administer additional academic tests for courses and is not limited to only the utilization of a comprehensive end-of-course examination. Training schools shall maintain examinations for Commission-approved Basic Recruit, Advanced, Specialized Instructor Training, and Specified Specialized Training Program Courses, pursuant to subsection (d)1.-13. of this rule section and in compliance with the administration, confidentiality, and security requirements of subsections 11B-35.0085(2)-(5), F.A.C.

(d) through (e) No change.

(10) through (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) No change.

(b) Each student shall attend 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 shall be maintained in the course file at the training school. The training center director shall maintain in the student or course file at the training school, documentation specifying the reason for excused absence(s). 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) No change.

(13) through (15) No change.

(16) Proof of course completion. A training school The training center director 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].

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

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,_________.

 

11B-35.0024 Student Performance in Commission-approved High-Liability Basic Recruit Training Courses and Instructor Training 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 Courses, CMS Criminal Justice Firearms Course, CMS Firearms Instructor Courses, CMS Law Enforcement Vehicle Operations Course, CMS Vehicle Operations Instructor Courses, CMS First Aid for Criminal Justice Officers Course, and CMS First Aid Instructor Courses.

(a) through (b) No change.

(c) CMS Criminal Justice Firearms Course.

1. The CMS Criminal Justice Firearms Course shall be delivered to students enrolled in a Commission-approved Basic Recruit Training Program.

2. A basic recruit student shall achieve a score of 80% on the required written end-of-course examination and demonstrate the required Firearms High-Liability Proficiency Skills, using the B-21E Target or equivalent, at 80% or higher using a handgun (revolver or semi-automatic pistol for both daylight and night) and a long gun (shotgun or semiautomatic rifle/carbine). The results shall be recorded on the required CMS Firearms Performance Evaluation form CJSTC-4 CMS, revised August 6, 2009 October 30, 2008, hereby incorporated by reference. Form CJSTC-4 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]. Form CJSTC-4 CMS shall be maintained in the student or course file. The B-21E target is commercially available through retailers. Form CJSTC-4 CMS shall be maintained in the student or course file.

(d) through (h) 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,________.

 

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

(1) through (4) No change.

(5) Individuals exempt from completing the 40-hour CMS First Aid for Criminal Justice Officers course CJK_0031, in the CMS Law Enforcement Auxiliary Officer Basic Recruit Training Program, based on education and training experience in the United States or its territories, shall complete the 111-hour CMS Law Enforcement Auxiliary Officer Prerequisite Course, pursuant to paragraph (6)(a) of this rule section, and the applicable high-liability courses pursuant to paragraphs (6)(b)-(d) of this rule section. The following individuals shall possess an active certificate or license to be eligible for the exemption:

(a) Certified emergency medical technicians who have three years experience.

(b) Certified paramedics who have three years experience.

(c) Licensed physicians, who are actively involved in emergency care and have three years experience in emergency medical care.

(d) Licensed physician’s assistants, who are actively involved in emergency care and have three years experience in emergency medical care.

(e) Registered nurses or licensed practical nurses, who are actively involved in emergency care and have three years experience in emergency medical care.

(f) Members of the Armed Forces of the United States on active duty entitled to practice as an Emergency Medical Technician (EMT) or a Florida paramedic set forth in Chapter 401, F.S., Part III., who have three years experience in emergency medical care.

(6)(5) CMS Law Enforcement Auxiliary Officer Basic Recruit Training Program number 1180 (Effective April 1, 2008).

 

(a)	CMS Law Enforcement Auxiliary Officer Prerequisite Course	Course Number	Course Hours
1.	Law Enforcement Auxiliary Introduction	CJK_0240	27.0
2.	Law Enforcement Auxiliary Patrol and Traffic	CJK_0241	19.0
3.	Law Enforcement Auxiliary Investigations	CJK_0242	17.0
4.	Dart-Firing Stun Gun	CJK_0422	8.0
5.	CMS First Aid for Criminal Justice Officers	CJK_0031	40.0
	CMS Law Enforcement Auxiliary Officer Prerequisite Course	Sub-total	111.0
(b)	CMS Criminal Justice Firearms This course shall be taught by a Commission-certified high-liability instructor at a training school or agency.	CJK_0040	80.0
(c)	CMS Criminal Justice Defensive Tactics This course shall be taught by a Commission-certified high-liability instructor at a training school or agency.	CJK_0051	80.0
(d)	CMS Law Enforcement Vehicle Operations **CMS Law Enforcement Vehicle Operations is optional and is based on employing agency requirements. If required, the course shall be taught by a Commission-certified high-liability instructor at a training school or agency. If CMS Law Enforcement Vehicle Operations is not instructed, the total program hours will be reduced to 271 hours.	CJK_0020	48.0
	CMS Law Enforcement Auxiliary Officer Program	Total	**319.0

 

(7)(6) Correctional Auxiliary Officer Basic Recruit Training Program number 501 (Effective January 1, 1997).

(a) through (c) 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,________.

 

11B-35.006 Advanced Training Program.

(1) Commission-approved Advanced Training Program Courses were created to enhance an officer’s knowledge, skills, and abilities for the job the officer performs and are used by an officer to satisfy mandatory retraining requirements or eligibility for salary incentive monies pursuant to Rule Chapter 11B-14, F.A.C.

(a) No change.

(b) The following is a complete list of active Advanced Training Program Courses:

1. through 19. No change.

 

20.

074

Substance Abuse and Awareness and Education

40

21. through 43. No change.

 

44.

1164

Inmate Manipulation (Effective 6/1/06 11/16/06)

40

45. No change.

(2) through (5) No change.

Rulemaking Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.12(5), 943.17(1) FS. History–New 12-13-92, Amended 1-10-94, 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,_______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Donna Hunt at [phone]

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 24, 2010

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 15, 2010