Paragraph 11B-35.001(3)(c), F.A.C.: Adds the requirement that Commission-certified firearms instructors who instruct Basic Recruit Firearms courses on or after July 1, 2023, must have completed the Firearms Instructor Update ....

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NOS.:RULE TITLES:

11B-35.001General Training Programs; Requirements and Specifications

11B-35.0011Basic Abilities Test Requirements for Applicant Admission into a Law Enforcement and Correctional Basic Recruit Training Program

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.

PURPOSE AND EFFECT: Paragraph 11B-35.001(3)(c), F.A.C.: Adds the requirement that Commission-certified firearms instructors who instruct Basic Recruit Firearms courses on or after July 1, 2023, must have completed the Firearms Instructor Update Course if previously certified or the Firearms Instructor Course effective July 1, 2023, and that all Commission-certified firearms instructors must complete the same before June 30, 2024, to prevent deactivation of their firearms instructor certificate.

Paragraph 11B-35.001(3)(d), F.A.C.: Adds the requirement that Commission-certified first aid instructors who instruct Basic Recruit First Aid courses on or after July 1, 2023, must have completed the First Aid Instructor Update Course if previously certified or the First Aid Instructor Course, effective February 16, 2023, and that all Commission certified first aid instructors must complete the same before June 30, 2024, to prevent deactivation of their first aid instructor certificate.

Subsection 11B-35.0011(1), F.A.C.: Adds rule language to include a BAT exemption in response to House Bill 3 for veterans, as defined in Section 1.01(14), F.S., or individuals who hold an associate degree or higher from an accredited college or university.

Subsection 11B-35.0011(3), F.A.C.: Adds a rule to clarify that a refund for the BAT will not be provided for individuals who took the BAT pursuant to Rule 11B-35.0011(1), F.A.C.

Sub-paragraph 11B-35.0024(3)(a)2., F.A.C.: Incorporates the revised Defensive Tactics Performance Evaluation, form CJSTC-6, to ensure more uniformity with the remaining high liability forms.

Sub-paragraph 11B-35.0024(3)(c)2., F.A.C.: Updates the rule language to include handgun proficiency use with a semi-automatic pistol for basic recruit students and incorporates the revised Firearms Performance Evaluation, form CJSTC-4, to ensure more uniformity with the remaining high liability forms, renaming it the Handgun Performance Evaluation form, and reflect the requirement of passing handgun proficiency evaluations and the revised qualification course of fire, and completion of active threat/shooter drills; inclusion of Equivalency of Training students; clarification that only basic recruit and cross-over 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)(d)2., F.A.C.: Incorporates the newly created Firearms Instructor Performance Evaluation, form CJSTC-4I, to use in place of the CJSTC-4 for firearms instructor students; and updates the rule language to include handgun proficiency use with a semi-automatic pistol for firearms instructor students.

Sub-paragraph 11B-35.0024(3)(f)2., F.A.C.: Incorporates the revised First Aid Performance Evaluation, form CJSTC-5, to ensure more uniformity with the remaining high liability forms to reflect the inclusion of EOT student proficiency in Cardiopulmonary Resuscitation; the additions of Massive hemorrhage, Respirations, circulation, Head injury/hypothermia, and recovery position and the removal of circulation rate, pulse rate, skin color and condition, physical assessment (DOTS/SAMPLE), and pupils in Patient Assessment section; the removal of the ABCs and addition of MARCH in Shock section; the addition of wound packing, tourniquet self-application, and chest seal to Bleeding section; the removal of Musculoskeletal and Soft Tissue Injuries section; the addition of arm or ankle drag, vehicle dump, and rear seat vehicle load and the removal of walking assist in Moving Patients section, effective 7/2023.

Sub-paragraph 11B-35.0024(3)(h)2., F.A.C.: Incorporates the revised Vehicle Operations Performance Evaluation, form CJSTC-7, to ensure more uniformity with the remaining high liability forms; to clarify that instructor students are required to use lights and sirens when demonstrating proficiency on the nighttime exercises; and adds “lane change” to the required evaluation criteria on the Tactical Backing Exercise.

SUMMARY: Updated handgun proficiency rule language for firearms instructor students; Firearms Instructor Update Course and new Firearms Instructor Course; First Aid Update Course and new First Aid Instructor Course; BAT exemptions and refunds; revised Firearms Performance Evaluation, form CJSTC-4, renaming it the Handgun Performance Evaluation form; newly created Firearms Instructor Performance Evaluation, form CJSTC-4I; revised First Aid Performance Evaluation, form CJSTC-5; Defensive Tactics Performance Evaluation, form CJSTC-6; and Vehicle Operations Performance Evaluation, form CJSTC-7.

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), (2), 943.17 FS.

LAW IMPLEMENTED: 943.12, 943.17 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: June 20, 2023, 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 [phone], 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-35.001 General Training Programs; Requirements and Specifications.

(1) through (2) No change.

(3) Instructors who teach Commission-approved Basic Recruit, Advanced, Specialized, and Special Operations Forces Training Program Courses at a training school shall:

(a) through (b) No change.

(c) Be required to hold additional certifications for specified areas of instruction in Commission-approved courses pursuant to Rule 11B-20.0014, F.A.C.  Commission-certified firearms instructors who instruct Basic Recruit Firearms courses on or after July 1, 2023, must have completed the Firearms Instructor Course, effective February 16, 2023, as a part of their initial firearms instructor certification or have completed the Firearms Instructor Update Course, effective August 18, 2022.  All Commission-certified firearms instructors must have completed the Firearms Instructor Course, effective February 16, 2023, as a part of their initial firearms instructor certification or have completed the Firearms Instructor Update Course, effective August 18, 2022, before June 30, 2024, or their firearms instructor certification will be deactivated.

(d) Be required to hold additional certifications for specified areas of instruction in Commission-approved courses pursuant to Rule 11B-20.0014, F.A.C. Commission-certified first aid instructors who instruct Basic Recruit First Aid courses on or after July 1, 2023, must have completed the First Aid Instructor Course, effective February 16, 2023, as a part of their initial first aid instructor certification or have completed the First Aid Instructor Update Course, effective August 18, 2022. All Commission-certified first aid instructors must have completed the First Aid Instructor Course, effective February 16, 2023, as a part of their initial first aid instructor certification or have completed the First Aid Instructor Update Course, effective August 18, 2022, before June 30, 2024, or their first aid instructor certification will be deactivated.

(4) through (16) 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 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, 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, 5-20-21, 6-23-22, __________.

11B-35.0011 Basic Abilities Test Requirements for Applicant Admission into a Law Enforcement and Correctional 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 disciplines, prior to entering a program.  However, a person is not required to take the BAT before entering a law enforcement officer Basic Recruit Training Program if he or she is a veteran as defined in Section 1.01 (14), F.S., or holds an associate degree or higher from an accredited college or university if applying on or after July 1, 2022. The BAT shall be administered in the State of Florida.

(a) through (h) No change.

(2) No change.

(3) Refunds for the BAT shall not be provided should an individual take the BAT that was exempt pursuant to Rule 11B-35.0011(1), F.A.C.

Rulemaking 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, 5-21-12, 3-13-13, 5-29-14, 9-4-16, 8-15-18, 5-5-20, ________.

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 12, 2021, effective 6/2022, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-_____ https://www.flrules.org/Gateway/reference.asp?No=Ref-14213. 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 Handgun Firearms High-Liability Proficiency Skills with a semi-automatic pistol, using a commercially produced B-21E or equivalent 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 Handgun Firearms Performance Evaluation form CJSTC-4, revised __________________, effective _______ August 12, 2021, effective 6/2022, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-_____ https://www.flrules.org/Gateway/reference.asp?No=Ref-14211. 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) Firearms Instructor Course.

1. No change.

2. A firearms instructor student shall achieve a score of no less than 85% on the required written end-of-course examination and demonstrate the required Handgun Firearms High-Liability Proficiency Skills with a semi-automatic pistol, using a commercially produced B-21E or equivalent target. or equivalent Pride Enterprises (P.R.I.D.E.) target, at 85% 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) for all proficiency skills, with Tthe results shall be recorded on the required Firearms Instructor Performance Evaluation form CJSTC-4I, created __________________, effective _______, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-_____. Form CJSTC-4I 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]. CJSTC-4 form.  A copy of the completed form CJSTC-4I CJSTC-4 shall be provided to the student and the original form CJSTC-4I CJSTC-4 shall be maintained in the student or course file.

(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 12, 2021, effective 6/2022, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-____ https://www.flrules.org/Gateway/reference.asp?No=Ref-14212. 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 _________ August 12, 2021, effective 6/2022, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-___ https://www.flrules.org/Gateway/reference.asp?No=Ref-14214.  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, 6-23-22, _________.

 

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: May 23, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 31, 2022