Sub-paragraph 11B-35.002(3)(a)3., F.A.C.: Adds a rule reference to allow a person who completes the EOT process to enter cross-over training without becoming employed in the EOT discipline. Sub-paragraphs 11B-35.002(6)(c)1.-8., ....

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NOS.:RULE TITLES:

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, Instructor Training Courses, and Specialized and Advanced Training Program Courses Requiring Proficiency Demonstration.

11B-35.009Exemption from Basic Recruit Training

PURPOSE AND EFFECT: Sub-paragraph 11B-35.002(3)(a)3., F.A.C.: Adds a rule reference to allow a person who completes the EOT process to enter cross-over training without becoming employed in the EOT discipline.

Sub-paragraphs 11B-35.002(6)(c)1.-8., F.A.C.: Removes the retired courses that are no longer eligible for completion and incorporates the revised list of retired courses that are eligible for completion provided that they are still within 4 years from the beginning date of the training.

Sub-paragraph 11B-35.0024(3)(a)2., F.A.C.: Incorporates the revised Defensive Tactics Performance Evaluation, form CJSTC-6, to reflect inclusion of Equivalency of Training students; clarification that only basic recruit and instructor students are required to pass an end-of-course examination; allows the training school to record when an EOT student fails to demonstrate the proficiency skills; and adds a line to pages to include student name and ID number to ensure pages of the form can be identified should the pages become separated.

Sub-paragraph 11B-35.0024(3)(c)2., F.A.C.: Incorporates the revised Firearms Performance Evaluation, form CJSTC-4, to reflect inclusion of Equivalency of Training students; clarification that only basic recruit and instructor students are required to pass an end-of-course examination; and allows the training school to record when an EOT student fails to demonstrate the proficiency skills.

Sub-paragraph 11B-35.0024(3)(f)2., F.A.C.: Incorporates the revised First Aid Performance Evaluation, form CJSTC-5, to reflect inclusion of Equivalency of Training students; clarification that only basic recruit and instructor students are required to pass an end-of-course examination; and allows the training school to record when an EOT student fails to demonstrate the proficiency skills.

Sub-paragraph 11B-35.0024(3)(h)2., F.A.C.: Incorporates the revised Vehicle Operations Performance Evaluation, form CJSTC-7, to reflect inclusion of Equivalency of Training students; clarification that only basic recruit and instructor students are required to pass an end-of-course examination; allows the training school to record when an EOT student fails to demonstrate the proficiency skills; removes requirement for Figure 8 and Breaking exercises to be done first; removes requirement for shuffle steering and slide recovery during certain exercises; removes redundant language and makes practice runs optional for EOT students; and makes use of sirens during night time exercises optional.

Subsection 11B-35.009(7), F.A.C.: Amends the rule because the 2020 Florida Legislature created s. 943.17298, F.S., requiring all law enforcement officers to complete training in recognition and responses to head trauma and brain injury in a child under 6 years of age. The 2021 Florida Legislature created s. 943.1724, F.S., requiring all law enforcement officers complete training in sexual assault investigations. Clarifies that training in elder abuse investigations required pursuant to s. 943.17296, F.S. must be completed by persons approved for an exemption from training. Officers approved for an exemption from training do not complete Florida basic recruit training and would not receive the above training otherwise.

SUMMARY: Updates Equivalency of Training requirements; retired courses; revised Defensive Tactics Performance Evaluation, form CJSTC-6; Firearms Performance Evaluation, form CJSTC-4; First Aid Performance Evaluation, form CJSTC-5; and Vehicle Operations Performance Evaluation, form CJSTC-7; training required for out-of-state, federal, and previously sworn Florida officers to implement HB43 regarding the recognition of and response to head trauma and brain injury in a child under 6 years of age; training to implement HB1189 regarding sexual assault investigations; and elder abuse investigations training required pursuant to s. 943.17296, F.S.

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.

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, 943.17, 943.131(2) 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, April 27, 2022 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 850-410-8615, 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-35.002 Basic Recruit Training Programs for Law Enforcement, Correctional, and Correctional Probation.

(1) through (2) No change.

(3) The Commission has established basic recruit cross-over training programs to provide lateral movement of officers between criminal justice disciplines. Officers requesting cross-over training in another discipline must comply with Sections 943.14(7) and 943.17(1)(g), F.S.

(a) To be eligible to attend a cross-over training program the applicant shall:

1. through 2. No change.

3. Within four years of the beginning date of the Commission-approved Basic Recruit Training Program or training required pursuant to Rules 11B-35.009(7) or (8), F.A.C., for the discipline the officer is moving from, have successfully completed the Commission-approved Basic Recruit Training Program or training required pursuant to Rules 11B-35.009(7) or (8), passed the State Officer Certification Examination (SOCE), and started the basic recruit cross-over training program.

(4) 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. Florida Law Enforcement Academy Basic Recruit Training Program number 2000 (Retired June 30, 2021). Eligible until June 30, 2025.

2. Law Enforcement Auxiliary Officer Basic Recruit Training Program number 3006 (Retired June 30, 2021). Eligible until June 30, 2025.

3.1. Florida Correctional Probation Officer Basic Recruit Training Program number 3000 1176, Version 2008.04 (Retired June 30, 2021 October 31, 2016). Eligible until June 30, 2025 October 31, 2020.

4.2. Correctional Officer Cross-Over Training to Florida Law Enforcement Academy number 3002 2003 (Retired June 30, 2021 2016). Eligible until June 30, 2025 2020.

5. Correctional Officer Cross-over Training to Correctional Probation Officer Training number 3003 (Retired June 30, 2021). Eligible until June 30, 2025.

6.3. Correctional Probation Officer Cross-Over Training to Florida Law Enforcement Academy number 3005 2004 (Retired June 30, 2021 2016). Eligible until June 30, 2025 2020.

7.4. Law Enforcement Officer Cross-Over Training to Florida CMS Correctional Basic Recruit Training for Special Operations Forces Recruits Program number 3007 2005 (Retired June 30, 2021 2016). Eligible until June 30, 2025 2020.

8.5. Correctional Probation Officer Cross-Over Training to Florida CMS Correctional Basic Recruit Training for Special Operations Forces Recruits Program number 3009 1193 (Retired June 30, 2021 2016). Eligible until June 30, 2025 2020.

6. 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, 5-5-20, 5-20-21, ________.

 

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: Criminal Justice Defensive Tactics Course, Defensive Tactics Instructor Course, Criminal Justice Firearms Course, Firearms Instructor Course, Safe Handling of Firearms course, Law Enforcement Vehicle Operations Course, Vehicle Operations Instructor Course, First Aid for Criminal Justice Officers Course, and First Aid Instructor Course.

(a) 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 Defensive Tactics Performance Evaluation, form CJSTC-6, revised _____________, effective ______ August 8, 2019, effective 4/2020, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-_____ http://www.flrules.org/Gateway/reference.asp?No=Ref-11901. Form CJSTC-6 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 shall be maintained in the student or course file.

3. No change.

(b) No change.

(c) Criminal Justice Firearms Course.

1. No change.

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 a commercially produced B-21E target or equivalent Pride Enterprises (P.R.I.D.E.) target, at 80% or higher using a handgun (revolver or semi-automatic pistol for both daylight and night) and a long gun (shotgun or semi-automatic rifle/carbine). The results shall be recorded on the required Firearms Performance Evaluation form CJSTC-4, 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-07366. Form CJSTC-4 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-4 shall be maintained in the student or course file.

(d) through (e) No change.

(f) First Aid for Criminal Justice Officers 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 the required First Aid High-Liability Proficiency Skills at 100%, with the results recorded on the required First Aid Performance Evaluation, form CJSTC-5, revised ________________, effective ________ August 13, 2020, effective 5/2021, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-____ http://www.flrules.org/Gateway/reference.asp?No=Ref-13141. Form CJSTC-5 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-5 shall be maintained in the student or course file.

(g) No change.

(h) Law Enforcement Vehicle Operations 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 the required Vehicle Operations High-Liability Proficiency Skills, with four out of five runs (80%) for each exercise, with the results recorded on the required Vehicle Operations Performance Evaluation, form CJSTC-7, 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-07369. Form CJSTC-7 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-7 shall be maintained in the student or course file. 

(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, 5-5-20, 5-20-21, ________. 

 

11B-35.009 Exemption from Basic Recruit Training.

(1) through (6) No change.

(7) 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 and for the law enforcement discipline, complete Commission-approved training in recognition of and response to head trauma and brain injury in a child under 6 years of age; sexual assault investigations; and elder abuse investigations. 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, 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 Exemption-From-Training form CJSTC-76.  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 Exemption-From-Training Proficiency Demonstration, form CJSTC-76A, revised August 2, 2018, effective 7/2019, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-10755, and provide a copy to the officer of form CJSTC-76A. Form CJSTC-76A 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]. 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.

(8) through (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, 5-5-20, ________.

 

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: March 29, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 29, 2021