To revise the requirements for complying with the Commission’s Firearms Qualification Standard, Firearms performance evaluation, equivalent canine team training evaluations, and agency or training school affiliation reporting requirements for canine ...

 

DEPARTMENT OF LAW ENFORCEMENT
Criminal Justice Standards and Training Commission

RULE NO: RULE TITLE
11B-27.00212: Maintenance of Officer Certification
11B-27.00213: Temporary Employment Authorization
11B-27.013: Canine Team Certification
PURPOSE AND EFFECT: To revise the requirements for complying with the Commission’s Firearms Qualification Standard, Firearms performance evaluation, equivalent canine team training evaluations, and agency or training school affiliation reporting requirements for canine team evaluators, and to revise forms CJSTC-86A, CJSTC-70, and CJSTC-4 CMS to correspond with the proposed rule revisions.
SUMMARY: 11B-27.00212: To revise form CJSTC-86A. To revise the Law Enforcement Officer Firearms Qualification Standard form CJSTC-86A to permit the use of a reduced sized target to demonstrate proficiency (with a handgun only) on the Commission’s Firearms Qualification Standard Course of Fire pursuant to Rule 11B-27.014, F.A.C. To revise the Commission’s Firearms Qualification Standard Course of Fire for officers injured in the line of duty. To revise the to grant a two-year extension, to officers who have been injured in the line of duty, to satisfy the Commission’s Firearms Qualification Standard Course of Fire pursuant to Rule 11B-27.014, F.A.C.
11B-27.00213: To revise form CJSTC-4 CMS. To revise the CMS Firearms Performance Evaluation form CJSTC-4 CMS to remove the proficiency skills designated as “CMS New” pursuant to the revisions in Rule 11B-35.0023, F.A.C. To clarify rule language. 11B-27.013 To clarify the process for canine team evaluators to evaluate canine team equivalent training. To require that Equivalent training shall be reviewed and approved by a Commission-approved evaluator, however, a canine team evaluator shall not approve equivalent canine team training for they delivered. To revise form CJSTC-70. To revise the Patrol Canine Team Certification Application form CJSTC-70 to require the first and second canine team evaluator to include their agency or training school affiliation.
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) FS.
LAW IMPLEMENTED: 943.11, 943.12, 943.12(3), 943.12(17), 943.13, 943.13(11), 943.131, 943.133, 943.135, 943.139, 943.1395, 943.1395(3), 943.17(1)(a), 943.1701, 943.1715, 943.1716, 943.253 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: July 21, 2009, 1:00 p.m.
PLACE: Florida Department of Law Enforcement, 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: Donna Hunt at [phone] or [e-mail]. 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] or [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

11B-27.00212 Maintenance of Officer Certification.

(1) through (13) No change.

(14) Law Enforcement Officer Firearms Qualification Standard. Beginning July 1, 2006, a law enforcement officer shall be required to qualify on the Commission’s approved course of fire with the proficiency skills documented on the Law Enforcement Officer Firearms Qualification Standard, form CJSTC-86A, revised January 29, 2009 November 8, 2007, hereby incorporated by reference, and maintained in the officer’s employment file.

(a) A certified law enforcement officer who fails to demonstrate proficiency skills on the required firearms qualification standard shall not perform the duties of a sworn officer.

(b) Reporting of the compliance with this standard shall be June 30, 2008, and every two years thereafter. Documentation supporting the demonstration of proficiency skills shall be reported on the Mandatory Firearms Training Report, form CJSTC-86, revised November 8, 2007, hereby incorporated by reference, and maintained in the officer’s file. The employing agency shall submit or electronically transmit to Commission staff through the Commission’s ATMS, the date of completion.

(c) In the event a certified law enforcement officer fails to meet this standard by June 30 of each reporting year, the officer’s certificate shall become inactive until the employing agency provides documentation to Commission staff establishing that the firearms qualification standard has been satisfied.

(d) The certificate of a law enforcement officer shall become inactive if the officer has separated from employment or appointment and is not reemployed or reappointed within the two-year reporting cycle. The officer will be required to comply with the firearms qualification standard upon employment or appointment.

(e) In the event a certified law enforcement officer is injured in the line of duty and fails to meet this standard by June 30 of a reporting year, the agency administrator or designee shall complete the Injury in the Line of Duty, form CJSTC-86B, created January 29, 2009, hereby incorporated by reference. The agency shall submit form CJSTC-86B and the supporting documentation to Commission staff prior to the June 30 deadline to ensure the officer’s certificate does not become inactive on the reporting deadline for that two-year reporting cycle.

(15) No change.

Rulemaking Specific Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12, 943.13(11), 943.135, 943.1395(3), 943.1701, 943.1715, 943.1716, 943.253 FS. History–New 11-5-02, Amended 12-3-03, 11-30-04, 3-27-06, 3-21-07, 6-9-08,________.

 

Editorial Note: See 11B-27.0023, F.A.C.

 

11B-27.00213 Temporary Employment Authorization.

A Certificate of Compliance shall not be issued to officers employed on a Temporary Employment Authorization (TEA) prior to meeting the requirements of Sections 943.13(1)-(10), F.S.

(1) No change.

(2) An officer employed on a TEA, shall be excused from the firearms training requirement upon placement of a statement An agency administrator is authorized to request to waive the firearms training requirement for a TEA by placing a statement in the officers file at the employing agency. The statement shall be, which has been signed by the agency administrator, confirming that the TEA-appointed officer shall not be permitted to carry a firearm until the following classroom training requirements have been fulfilled:

(a) No change.

(b) Firearms Range Training. The trainee’s proficiency demonstration shall be documented on a CMS Firearms Performance Evaluation, form CJSTC-4 CMS, revised October 30, 2008 November 8, 2007, hereby incorporated by reference, and maintained in the trainee’s file at the employing agency. The instructor shall qualify the trainee with a handgun (revolver or semi-automatic pistol) and long gun (shotgun or semiautomatic rifle/carbine) using the Commission’s Basic Recruit Training Firearms Course of Fire, pursuant to form CJSTC-4 CMS, and the form shall be maintained in the trainee’s file at the employing agency. Trainees shall fire a long gun as prescribed in the Commission-approved Basic Recruit Training Program.

(3) through (5) No change.

Rulemaking Specific Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12(3), 943.13, 943.131, 943.133, 943.139, 943.1395, 943.17(1)(a) FS. History–New 11-5-02, Amended 11-30-04, 3-27-06, 6-9-08,________.

 

11B-27.013 Canine Team Certification.

(1) No change.

(2) Patrol canine team certification requirements. Commission certification of a patrol canine team is not required. Prior to submitting a Patrol Canine Team Certification Application, form CJSTC-70, revised October 30, 2008 November 8, 2007, hereby incorporated by reference, the agency employing the patrol 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.

(3) No change.

(4) Equivalent Training. Equivalent training shall be reviewed and approved by a Commission-approved evaluator. Equivalent training for a canine team, with a handler who has never been certified, shall comply with the objectives of the Canine Team Training Course, which is a minimum of 400 hours. Equivalent training for a previously certified handler, who is assigned a new canine, shall comply with the objectives of the Canine Team Training Course with the exception of the administrative block of instruction. It is the responsibility of the employing agency submitting the Patrol Canine Team Certification Application form CJSTC-70, to provide documentation of training to the Commission-approved evaluator for review and approval as equivalent training. A Commission-approved evaluator shall not approve equivalent training that the evaluator delivered.

(5) through (8) No change.

Rulemaking Specific Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12(17) 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,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Donna Hunt at [phone] or [e-mail]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: The Cabinet

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 9, 2009

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 17, 2009