11B-27.0011(4)(c): Repeals form CJSTC-85, entitled Recommended Response to Resistance and Levels of Resistance, due to Graham vs. Connor Case Law incorporated in the Commission’s Curriculum. 11B-27.002(3)(a)11.: Changes the name and contents of ...  

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    DEPARTMENT OF LAW ENFORCEMENT

    Criminal Justice Standards and Training Commission

    RULE NOS.:RULE TITLES:

    11B-27.0011Moral Character

    11B-27.002Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers

    11B-27.013Canine Team Certification

    PURPOSE AND EFFECT: Subsection 11B-27.0011(4)(c), F.A.C.: Repeals form CJSTC-85, entitled Recommended Response to Resistance and Levels of Resistance, due to Graham vs. Connor Case Law incorporated in the Commission’s Curriculum.

    Subparagraph 11B-27.002(3)(a)11., F.A.C.: Changes the name and contents of form CJSTC-76 from “Equivalency-of-Training” to “Exemption-From-Training”; and changes the name and contents of form CJSTC-76A from “Equivalency-of-Training Proficiency Demonstration” to “Exemption-From-Training Proficiency Demonstration” to add exemptions to prevent individuals from having to retake a basic recruit program.

    Paragraph 11B-27.002(4)(b),F.A.C.: Makes grammatical change by replacing “has not complied” with “fails to comply”. , F.A.C.

    Paragraph 11B-27.013(1)(a), F.A.C.: Revises “tracking and trailing” terminology for consistency with other rule language sections.

    Paragraph 11B-27.013(1)(b), F.A.C.: Adds language prohibiting a canine evaluator from verifying equivalent training that he or she delivered to maintain the integrity of the canine evaluator.

    Paragraph 11B-27.013(1)(c), F.A.C.: Clarifies that “equivalent training” includes Canine Team Training Course number 1198 (not delivered at Commission-certified training school), or any canine team training course other than the Commission-approved Canine Team Training Course number 1198; and shall be a minimum of 480 hours and shall comply with the goals and objectives of the Canine Team Training Course number 1198. For a previously Commission-certified handler assigned a new canine, equivalent training shall refer to the 80-hour minimum training requirement.

    Subsection 11B-27.013(2), F.A.C.: Revises the paragraph numbering to include the list of requirements for canine team certification in sub-paragraph (2)(a)-(e) and moves the unrelated language regarding the Canine Team Certification Application form CJSTC-70 to sub-paragraph (2)(e) of this rule section.

    Paragraph 11B-27.013(2)(b), F.A.C.: Provides certification deadline of October 31, 2015, for canine teams that took the retired Canine Team Training Course number 1112 before November 6, 2013 to ensure that canine teams acquire new certification on a timely basis.

    Paragraph 11B-27.013(2)(e), F.A.C.: Moves language from paragraph (2) to sub-paragraph (2)(e) of this rule section to introduce and incorporate the Canine Team Certification Application form CJSTC-70.

    Paragraph 11B-27.013(2)(e), F.A.C.: Updates the Canine Team Certification Application form CJSTC-70 to clarify the types of canine training delivered by the training school and requires the FDLE Field Specialist to sign the completed form to certify the canine team has complied with the provisions of Rule 11B-27.013, F.A.C.

    Paragraph 11B-27.013(3)(a), F.A.C.: Clarifies the completion of the Canine Team Certification Application form CJSTC-70 as documentation to apply for canine team certification and moves language from paragraph (2) to this rule section.

    Paragraph 11B-27.013(3)(b), F.A.C.: Clarifies and introduces a list of required documentation for successful completion of canine team training.

    Subparagraph 11B-27.013(3)(b)2., F.A.C.: Introduces and incorporates the Canine Course Equivalency Checklist form CJSTC-70A as documentation of the successful completion of an equivalent training course.

    Subparagraph 11B-27.013(3)(b)2.a.-b., F.A.C.: Clarifies “equivalent training” as the Canine Team Training Course number 1198 not delivered at Commission-certified training school, or any canine team training course other than the Commission-approved Canine Team Training Course number 1198; and shall be a minimum of 480 hours and shall comply with the goals and objectives of the Canine Team Training Course number 1198. For a previously Commission-certified handler assigned a new canine, equivalent training shall refer to the 80-hour minimum training requirement.

    Subparagraph 11B-27.013(3)(b)3, F.A.C..: Clarifies that the Commission-approved canine evaluator verifies and does not approve equivalent curriculum and allows the Commission-certified Canine Instructors to teach courses without the approval of a Commission-approved canine evaluator.

    Subparagraphs 11B-27.013(3)(c)-(d)1.-4., F.A.C.: Renumbers paragraph 11B-27.013(3) and removes redundant rule language about canine team certification that appears in this same rule section.

    Paragraph 11B-27.013(3)(c), F.A.C.: Updates the Canine Team Performance Evaluation form CJSTC-83 to add more documentation of proficiency skills to the form.

    Subparagraph 11B-27.013(3)(c)5., F.A.C.: Clarifies the course “number 1198” is entitled Canine Team Training Course to identify the course.

    Subparagraph 11B-27.013(3)(c)6., F.A.C.: Clarifies the course “number 1198” is entitled Canine Team Training Course to identify the course.

    Subparagraph 11B-27.013(3)(c)7., F.A.C.: Removes repetitive language from other rule sections to clarify the required documentation for canine team training.

    Paragraphs 11B-27.013(4)(b)-(c), F.A.C.: Clarifies the canine team certification requirement to ensure the deficiency notification process is consistent with other instructor certifications and renumbers rule section.

    Paragraph 11B-27.013(5)(c), F.A.C.: Removes redundant and unrelated language about the certification process.

    Paragraphs 11B-27.013(6)(a)-(c), F.A.C.: Revises the Canine Team Certification Deficiency Notification form CJSTC-270 by removing the word “Application” from the title and clarifies the process for addressing deficiencies of canine team applicant files.

    Subsection 11B-27.013(7), F.A.C.: Revises the paragraph numbering of Rule 11B-27.013(7), introduces list of requirements for evaluator applicants, and removes unnecessary language.

    Paragraphs 11B-27.013(7)(a)-(c), F.A.C.: Clarifies “tracking and trailing” terminology and updates renumbering for consistency with other rule language sections.

    SUMMARY: Repeals the form CJSTC-85, entitled Recommended Response to Resistance and Levels of Resistance; revises the names of the Exemption-From-Training form CJSTC-76 and the Exemption-From-Training Proficiency Demonstration form CJSTC-76A to mirror language in the statute; makes grammatical change by replacing “has not complied” with “fails to comply”; updates term “tracking and trailing”; removes unnecessary language for consistency with other rule language and adds language to maintain the integrity of the canine evaluator; specifies the courses that qualify for “equivalent training”; includes the requirements for canine team certification and moves unrelated language about canine team documentation to another section; adds a certification deadline of October 31, 2015 to ensure that canine teams acquire new certification on a timely basis; explains the use of the Canine Team Certification Application form CJSTC-70 for canine team certification; updates the Canine Team Certification Application form CJSTC-70 to comply with rule provisions; adds language to specify the Canine Team Certification Application form CJSTC-70 is required documentation for canine team certification; introduces the training required for canine teams; adds language to clarify the Canine Team Certification Application form CJSTC-70 is required documentation for an equivalent training course; specifies the courses that qualify for “equivalent training” includes the Canine Team Training Course number 1198 not delivered at Commission-certified training school or any canine team training course other than the Commission-approved Canine Team Training Course number 1198; allows the Commission-certified Canine Instructors to teach courses without the approval of a Commission-approved canine evaluator; renumbers paragraph 11B-27.013(3), F.A.C. and removes redundant rule language; revises the Canine Team Performance Evaluation form CJSTC-83; adds “number 1198” to the Canine Team Training Course to identify the course number; removes repetitive language; Clarifies the canine team certification requirement and ensures the deficiency notification process is consistent with other instructor certifications; removes redundant and unrelated language; updates the name of the Canine Team Certification Deficiency Notification form CJSTC-270 and clarifies the inspection process of canine team applicant files; provides list of requirements for approval of evaluator status and changes terms for consistency; and updates term “tracking and trailing”, makes grammatical change, and revises paragraph renumbering of rule section.

    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) FS.

    LAW IMPLEMENTED: 943.13(7), 943.1395(7), 943.12(3), 943.13, 943.133, 943.139, 943.1395, 943.12(16) 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: Wednesday, May 13, 2015, 10:00 a.m.

    PLACE: Florida Department of Law Enforcement, Criminal Justice Professionalism, 2331 Phillips Road, Criminal Justice Professionalism Conference Room B1055, 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, joycegainous-harris@fdle.state.fl.us 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 (850)410-8615, joycegainous-harris@fdle.state.fl.us 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-27.0011 Moral Character.

    (1) through (3) No change.

    (4) For the purposes of the Criminal Justice Standards and Training Commission’s implementation of any of the penalties specified in Section 943.1395(6) or (7), F.S., a certified officer’s failure to maintain good moral character required by Section 943.13(7), F.S., is defined as:

    (a) through (b) No change.

    (c) The perpetration by an officer of acts or conduct that constitute the following offenses:

    1. Excessive use of force, defined as a use of force on a person by any officer that is not justified under Sections 776.05 or 776.07, F.S., or a use of force on an inmate or prisoner by any correctional officer that would not be authorized under Section 944.35(1)(a), F.S. The Recommended Response to Resistance and Levels of Resistance, form CJSTC-85, revised February 7, 2002, hereby incorporated by reference, is a reference tool to evaluate use of force.  Form CJSTC-85 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 (850) 410-8615.

    2. through 14. No change.

    (d) No change.

    (5) through (7) No change.

    Rulemaking Authority 943.03(4), 943.12(1) FS.  Law Implemented 943.13(7), 943.1395(7) FS.  History - New 1-7-85, Formerly 11B-27.011, Amended 7-13-87, 10-25-88, 12-13-92, 9-5-93, 1-19-94, 8-7-94, 11-5-95, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 4-11-04, 11-30-04, 3-27-06, 3-21-07, 6-9-08, 4-16-09, 6-3-10, 5-21-12, 3-13-13, 5-29-14,__________.

     

    11B-27.002 Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers.

    (1) through (2) No change.

    (3) Employment requirements pursuant to Sections 943.13, F.S., shall be documented on an Agency New Hire Report, form CJSTC-207, revised November 8, 2007, hereby incorporated by reference. Form CJSTC-207 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 (850)410-8615.

    (a) The files of newly hired officers are subject to an on-site inspection by Commission staff to ensure compliance with the requirements of Chapter 943, F.S., and Rule Chapter 11B-27, F.A.C.  All documents collected in conjunction with the background investigation shall be available for review.  The following documents shall be reviewed for completeness:

    1. through 10. No change.

    11. An Exemption-From- Equivalency-of-Training, form CJSTC-76, revised ______, effective ______ November 7, 2013, effective 5/2014, hereby incorporated by reference ___________, and an Exemption-From-Equivalency-of-Training Proficiency Demonstration, form CJSTC-76A, revised, effective ______ December 16, 2010, (effective 5/2012), hereby incorporated by reference ___________, for previous Florida and out-of-state, federal, or military officers, if the officer used this training option. Forms CJSTC-76 and 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 (850)410-8615.

    12. through 15. No change.

    (b) No change.

    (4)(a) No change.

    (b) An individual who fails to comply has not complied with the requirements in paragraph (4)(a) of this rule section for the discipline in which the training was completed, within four years of the date of beginning such training, shall as a condition for obtaining employment, comply with the following:

    1. through 2. No change.

    (5) through (6) No change.

    Rulemaking Authority 943.03(4), 943.12(1) FS.  Law Implemented 943.12(3), 943.13, 943.133, 943.139, 943.1395 FS.  History-New 10-6-82, Amended 4-26-84, 1-7-85, Formerly 11B-27.02, Amended 9-3-87, 3-29-89, 5-14-92, 12-13-92, 9-5-93, 1-19-94, 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, 6-3-10, 5-21-12, 3-13-13, 5-29-14, ___________.

     

    11B-27.013 Canine Team Certification.

    (1) Definitions.

    (a) “Canine team” shall refer to a certified officer and a specific canine working together in the performance of law enforcement or correctional duties. “Handler” refers to the certified officer who trains and controls the canine.  This definition does not include canines used by certified officers exclusively for tracking and trailing or specific detection, which are excluded from the certification process.

    (b) “Canine evaluator” shall refer to a person who is authorized by the Commission to administer the cCanine tTeam pPerformance eEvaluation to canine teams and to attest to the proficiency of the canine team pursuant with the performance evaluation. The evaluator shall determine if training submitted by an agency that is requesting certification is equivalent to the 480-hour Canine Team Training Course number 1198. , herein referred to as “Canine Team Training Course.” The canine team evaluator applicant requesting approval of the Commission shall be required to possess the minimum training and experience pursuant to subsection (7) of this rule section, and documented in a request to Commission staff. A Commission-approved evaluator shall not verify equivalent training that he or she delivered.

    (c) “Equivalent Training” shall refer to the Canine Team Training Course number 1198 not delivered at a Commission-certified training school, or any canine team training course other than the Commission-approved Canine Team Training Course number 1198. Equivalent training shall be a minimum of 480 hours and shall comply with the goals and objectives of the Canine Team Training Course number 1198. For a previously Commission-certified handler assigned a new canine, equivalent training shall refer to the 80-hour minimum training requirement.

    (2) Canine team certification requirements. Commission certification of a canine team is not required. If a canine team seeks Commission certification, the canine team shall meet the following requirements: Prior to submitting a Canine Team Certification Application, form CJSTC-70, revised November 7, 2013, effective 5/2014, hereby incorporated by reference, the agency employing the canine team shall collect, verify, and have on file documents establishing compliance with the requirements of this rule section, regardless of where canine training takes place. The employing agency submitting form CJSTC-70 shall provide documentation of training to the Commission-approved evaluator for review and verification approval as equivalent training.  Form CJSTC-70 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 (850) 410-8615.

    (a) A canine team shall successfully complete the Canine Team Training Course number 1198, or equivalent training as defined in subsection (1) of this rule section, at a minimum of 480 hours before applying for certification, or

    (b) A canine team that has successfully completed the Canine Team Training Course number 1112, or equivalent training, at a minimum of 400 hours prior to the retirement of that course on November 6, 2013, shall become certified by October 31, 2015. Failure to become certified by that date shall require the canine team to successfully complete Canine Team Training Course number 1198, or equivalent training, at a minimum of 480 hours.

    (c) A canine team shall successfully demonstrate proficiency skills pursuant to paragraph (3)(c) of this rule section.

    (d) A previously Commission-certified handler assigned a new canine shall comply with the training goals and objectives in the Canine Team Training Course number 1198, with the exception of the academic block of instruction. The canine team shall train for a minimum of 80 hours, which shall be verified by a Commission-approved evaluator as equivalent training, and successfully demonstrate the required proficiency skills.

    (e) A canine team shall provide documentation of the canine team’s compliance with certification requirements and submit a Canine Team Certification Application, form CJSTC-70, revised ________, hereby incorporated by reference ___________. Form CJSTC-70 can be obtained at the following FDLE Internet address: http://www.fldle.state.fl.us/Content/CJST/Publications/Professionalism-Program-Forms.aspx, or by contacting Commission staff at (850)410-8615.

    (3) Required documentation for certification of a canine team. Documentation of compliance for Commission certification of canine teams shall include:

    (a) A completed Canine Team Certification Application form CJSTC-70 CJSTC.70. Prior to submitting a form CJSTC-70, the agency employing the canine team shall collect, verify, and have on file documents establishing compliance with the requirements of this rule section, regardless of where canine training takes place.

    (b)(b)1. Documentation of successful completion of canine team training shall include the following:

    1. Certificate of A certificate issued to the canine team by a Commission-certified training school documenting successful completion of the Canine Team Training Course. number 1198 delivered at a Commission-certified training school and taught by Commission-certified Canine Instructors; or

    2. Successful completion of the equivalent training shall be documented on the Canine Course Equivalency Checklist form CJSTC-70A, revised _______, hereby incorporated by reference ___________. Form CJSTC-70A can be obtained at the following FDLE Internet address: http://www.fldle.state.fl.us/Content/CJST/Publications/Professionalism-Program-Forms.aspx, or by contacting Commission staff at (850) 410-8615. A previously certified handler assigned a new canine shall comply with the objectives of the Canine Team Training Course, which excludes the academic block of instruction. 

    a. Canine Team Training Course number 1198 not delivered at a Commission-certified training school shall be deemed as equivalent training by a Commission-approved evaluator.

    b. Any canine team training course other than the Commission-approved Canine Team Training Course number 1198 shall be deemed equivalent training by a Commission-approved evaluator if the course is a minimum of 480 hours and complies with the objectives of the Canine Team Training Course number 1198.

    3. The employing agency submitting form CJSTC-70 shall provide documentation of training to the Commission-approved evaluator. The evaluator shall review and document of the training on form CJSTC-70A.

    (c) Documentation of successful completion of the Canine Team Training Course not delivered at a Commission-certified training school. The course shall be taught using Commission-certified Canine Instructors, approved by a Commission-approved evaluator and documented on the Canine Course Equivalency Checklist, Form CJSTC-70A, created November 7, 2013, effective 5/2014, hereby incorporated by reference, prior to an evaluator conducting a canine team performance evaluation  for Commission Certification.  Form CJSTC-70A 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 (850) 410-8615.

    (d) Successful completion of an equivalent training course approved by a Commission-approved evaluator shall be documented on form CJSTC-70A.

    1. Equivalent training is any canine team training course other than a Commission-approved Canine Team Training Course.

    2. Equivalent training shall be a minimum of 480 hours and complies with the goals and objectives of the Canine Team Training Course.

    3. A Commission-approved evaluator shall not approve equivalent training that he or she taught.

    4. The employing agency submitting form CJSTC-70 shall provide documentation of training to the Commission-approved evaluator.  The evaluator shall review and document approval of the training on form CJSTC-70A prior to conducting a performance evaluation for Commission certification.

    (c)(e) A completed Canine Team Performance Evaluation form CJSTC-83, revised ____, effective ____, November 7, 2013, effective 5/2014, hereby incorporated by reference ___________, shall be verified by evaluator(s) to ensure the canine team completed the proficiency requirements. Form CJSTC-83 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 (850)410-8615.

    1. through 4. No change.

    5. If a canine team fails to successfully demonstrate proficiency in the specific failed topic(s) during the second attempt, the handler shall remediate with the same canine in the specific failed topic outlined in the Canine Team Training Course number 1198. The canine team shall retest after a minimum of 30 days from the date of the second failure. The handler shall provide documentation, to include lesson plans and signed attendance rosters, of the remedial training to the Commission-approved evaluators prior to the administration of the re-evaluation. The canine team shall repeat the performance evaluation in its entirety under the supervision of two Commission-approved evaluators. One evaluator shall be an evaluator who was involved in the initial proficiency failure for that canine team. The handler shall provide documentation, to include lesson plans and signed attendance rosters, of the remedial training to the Commission-approved evaluators prior to the administration of the re-evaluation.

    6. A canine team that has failed a third attempt to pass a Canine Team Performance Evaluation shall be deemed to have failed the certification process, and shall complete the Canine Team Training Course number 1198 or an equivalent training course prior to submitting an application for certification.  Form CJSTC-83 shall be used to document the third failure of the canine team and submitted by one of the canine team evaluators to the Florida Department of Law Enforcement, Criminal Justice Professionalism, Post Office Box 1489, Tallahassee, Florida 32302.

    7. Prior to requesting certification, the canine team shall complete the Canine Team Training Course or equivalent training outlined in paragraph (3)(b), (c), or (d) of this rule section. Documentation of the training shall be made available to the Commission-approved evaluators prior to the administration of a subsequent canine team performance evaluation. The evaluation shall be conducted pursuant with paragraph (3)(e) of this rule section.

    (4) Renewal of Certification.

    (a) No change.

    (b) If the canine team handler applying for recertification has not changed canines or the canine team certification has not expired, the employing agency requesting renewal of the certification shall complete the applicable sections and submit form CJSTC-70 marked “Renewal,” and document the canine team proficiency on form CJSTC-83, in compliance with the requirements of subsection (3)(e) of this rule section.

    (c) If the canine team’s certification has expired, the employing agency requesting renewal of the canine team’s certification shall complete the applicable sections and submit form CJSTC-70 marked “Renewal,” and document the canine team’s proficiency on form CJSTC-83, in compliance with the requirements of pursuant to subsection (3)(e) of this rule section.

    (5) Change of assigned canine team. If a Commission-certified canine handler or canine ceases to be assigned as part of a canine team by the employing agency, the certification shall lapse.

    (a) through (b) No change.

    (c) A canine handler who has not previously been certified by the Commission, shall provide documentation of the canine team’s compliance with the requirements of this rule section, to include lesson plans and signed attendance rosters, regardless of the prior certification of the canine, and submit form CJSTC-70 marked “New.”

    (6) Inspection of canine team applicant files.

    (a) Upon determination of an unfavorable inspection. by Commission staff, the deficiencies shall be documented on a Canine Team Certification Deficiency Notification Application, form CJSTC-270, revised _____, November 7, 2013, effective 5/2014, hereby incorporated by reference ___________. Form CJSTC-270 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 (850)410-8615.

    (b) The employing agency shall satisfy the deficiency(ies) by submitting the required documentation to Commission staff within 90 days of the receipt of the Canine Team Certification Deficiency Notification Application form CJSTC-270. The Commission has the authority to deny the employing agency’s request for canine team certification for failure to meet the 90-day requirement. Upon denial of the application, the employing agency may reapply for canine team certification.

    (b) Upon issuance of an unfavorable inspection on a Canine Team Certification Deficiency Notification Application, form CJSTC-270, revised November 7, 2013, effective 5/2014, hereby incorporated by reference, the deficiencies shall be noted on form CJSTC-270.  Form CJSTC-270 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 (850) 410-8615.

    (c) The employing agency shall receive a Canine Team Certification if the corrected documentation has been received within the 90-day period or upon a favorable inspection.

    (7) Canine Team Evaluators.  Prior to being approved by the Commission as a canine team evaluator, the evaluator shall provide documentation verifying the evaluator applicant has complied with the following requirements:

    (a) Prior to being approved by the Commission as a canine team evaluator, the evaluator applicant shall provide documentation verifying the evaluator applicant has complied with the following requirements:

    1.(a) Documentation of one year of experience as a Commission-certified canine team instructor.

    2.(b) Documentation Document on form CJSTC-70 that the canine team evaluator applicant has taught the Canine Team Training Course number 1198 or equivalent training in its entirety to a minimum of six canine teams that have successfully completed the cCanine tTeam cCertification process. Canine teams trained exclusively for tracking and trailing or specific detection shall not be included in this total.

    3.(c) Verification that the canine team evaluator applicant has evaluated a minimum of twelve canine teams under the supervision of Commission-approved evaluators, which shall be documented on form CJSTC-83. Canine teams trained exclusively for tracking and trailing or specific detection shall not be included in this total.

    4.(d) A letter of recommendation for the canine team evaluator applicant from a training center director, agency administrator, or designee.

    5.(e) Request for evaluator status. A letter from the canine team evaluator applicant requesting approval from the Commission as a “canine team evaluator” shall be forwarded to the Florida Department of Law Enforcement, Criminal Justice Professionalism Program, P.O. Box 1489, Tallahassee, Florida 32302, Attention Bureau Chief of the Bureau of Standards, for the initial request for approval as a canine team evaluator. The letter shall include the evaluator’s full name, the last four digits of the evaluator’s social security number, complete address, and documentation of compliance with the standards set forth in this rule section.

    (b)(f) Approval of canine team evaluator status. Upon a review of the documents and determination that the evaluator applicant has complied with the requirements set forth in this rule section, a letter acknowledging approval by the Commission shall be forwarded to the evaluator applicant.

    (c)(g) Maintenance of canine team evaluator status. Commission-approved evaluators shall be required to submit a request for continuance as an evaluator, to the address in paragraph (7)(a)(e) of this rule section within four years of the date of approval, with documentation that verifies the evaluator has completed a minimum of four canine team performance evaluations within the four-year period. The verifying documentation shall be copies of form CJSTC-70 attesting that the performance evaluation was administered by the evaluator. A canine team evaluator’s “approval status” shall expire four years following the date approved by the Commission. If the Commission-approved evaluator’s “approval status” expires, the evaluator shall comply with the maintenance requirements in this rule section as an evaluator applicant under the supervision of two Commission-approved canine team evaluators and shall document the evaluation skills on form CJSTC-83. Canine team evaluators with an expired status shall submit for approval for a “request for evaluator status” and comply with the requirements in paragraph section (7)(a)(e) of this rule section.

    Rulemaking Authority 943.03(4), 943.12(1) FS.  Law Implemented 943.12(16) FS.  History-New 3-29-89, Amended 12-13-92, 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, 5-29-14,_______.

     

    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 10, 2015

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 21, 2014

Document Information

Comments Open:
4/16/2015
Summary:
Repeals the form CJSTC-85, entitled Recommended Response to Resistance and Levels of Resistance; revises the names of the Exemption-From-Training form CJSTC-76 and the Exemption-From-Training Proficiency Demonstration form CJSTC-76A to mirror language in the statute; makes grammatical change by replacing “has not complied” with “fails to comply”; updates term “tracking and trailing”; removes unnecessary language for consistency with other rule language and adds language to maintain the ...
Purpose:
11B-27.0011(4)(c): Repeals form CJSTC-85, entitled Recommended Response to Resistance and Levels of Resistance, due to Graham vs. Connor Case Law incorporated in the Commission’s Curriculum. 11B-27.002(3)(a)11.: Changes the name and contents of form CJSTC-76 from “Equivalency-of-Training” to “Exemption-From-Training”; and changes the name and contents of form CJSTC-76A from “Equivalency-of-Training Proficiency Demonstration” to “Exemption-From-Training Proficiency Demonstration” to add ...
Rulemaking Authority:
943.03(4), 943.12(1) FS.
Law:
943.13(7), 943.1395(7), 943.12(3), 943.13, 943.133, 943.139, 943.1395, 943.12(16) FS.
Contact:
Joyce Gainous-Harris at 850-410-8615, or joycegainous-harris@fdle.state.fl.us, or write to Florida Department of Law Enforcement, Criminal Justice Professionalism, 2331 Phillips Road, Tallahassee, Florida 32308.
Related Rules: (3)
11B-27.0011. Moral Character
11B-27.002. Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers
11B-27.013. Canine Team Certification