a permanent waiver of paragraph 11B-35.002(6)(e)4., F.A.C. from Charles McIntosh, Director, Criminal Justice Institute at the College of Central Florida (CJI/CF)on behalf of students eligible for cross-over due to active employment as a law ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NO.:RULE TITLE:

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

NOTICE IS HEREBY GIVEN that on March 2, 2016, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of subparagraph 11B-35.002(6)(e)4., F.A.C., from Charles McIntosh, Director, Criminal Justice Institute at the College of Central Florida (CJI/CF)on behalf of students eligible for cross-over due to active employment as a law enforcement officer; students eligible for cross-over due to having successfully completed a Commission-approved Basic Recruit Training Program and passed the State Officer Certification Exam within four years, for the discipline the officer is moving from pursuant to subparagraph 11B-35.002(6)(b)2., F.A.C. and, certain individuals that were not eligible for cross-over due to failure to meet standards set forth in subparagraph 11B-35.002(6)(b)1., F.A.C. The Petitioner wishes to permanently waive that portion of the rule that states: (6) Commission-approved Basic Recruit Cross-Over Training Programs. The Commission has established basic recruit cross-over training programs to provide lateral movement of officers between criminal justice disciplines. 4. Law Enforcement Officer Cross-Over Training to Florida CMS Correctional Basic Recruit Training Program number 2005 (Effective July 1, 2014). An individual, who has successfully completed the Law Enforcement Officer Basic Recruit Training Program and passed the SOCE, shall complete the following courses to satisfy the training requirements to become a correctional officer:

 

COURSE TITLE	COURSE HOURS
Overview of Corrections	14
Officer Safety	16
Facility and Equipment	8
Intake and Release	18
Supervising in a Correctional Facility	40
Supervising Special Populations	20
Law Enforcement Cross-Over to Correctional Responding to Incidents and Emergencies	12
Cross-Over Program Updates	8
Cross-Over Handgun Transition Course	24
Law Enforcement Cross-over to Correctional Officer Wellness	12
TOTAL	172

 

Petitioner states CJI/CF services Region IV that contains four sheriff’s offices and four DOC facilities which are all understaffed with corrections officers and deputies. Petitioner states that an abbreviated Florida CMS Correctional Basic Recruit Training Academy would increase employment opportunities for former law enforcement basic recruits who would now be dual certified and avail Region IV agencies with a pool of readily available candidates. Petitioner states that full cross-over training to CMS Correctional Basic Recruit Training program would take more than two years to muster enough students to make it financially feasible. Petitioner states that the abbreviated law enforcement to corrections cross-over program includes all law enforcement except for the cross-over handgun course cited in paragraph 11B-35.002(6)4., F.A.C. Petitioner states recruits will receive 220 training hours in the abbreviated law-enforcement to corrections cross-over training. Petitioner states all high liability courses were covered in the law enforcement basic recruit program. Petitioner states that strict application of the rule creates a substantial hardship and violates principles of fairness because most of the individuals affected have gained employment with corrections agencies and would have to leave their employment and return to CJI/CF to complete the revolver handgun transition course would cause CJI/CF to incur additional staffing and range fees. Petitioner states the recruits have previously trained/qualified in semi-automatic handguns through the law enforcement basic recruit training. Petitioner states none of the corrections agencies within Region IV use revolvers Petitioner states the purpose of the underlying statute would be achieved if the waiver is granted.

A copy of the Petition for Variance or Waiver may be obtained by contacting: Linton B. Eason, Assistant General Counsel, Florida Department of Law Enforcement, P.O. Box 1489, Tallahassee, FL 32302 or by telephone at [phone].