11B-21.002(2): Updates the statutory reference. 11B-21.005(4)(a), (5), (6), (7): Updates the rule reference and revises the CMS First Aid Instructional Requirements, form CJSTC-208, to update the list of equipment and training kit materials ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NOS.:RULE TITLES:

11B-21.002Criminal Justice Training Schools' Request for Certification, Expansion of Certification, and Re-certification

11B-21.005Criminal Justice Training School Requirements for Certification and Re-certification

11B-21.018Criminal Justice Training School Disciplinary Guidelines and Revocation of Certification

11B-21.019Criminal Justice Training School Inspections

PURPOSE AND EFFECT: Subsection 11B-21.002(2): Updates the statutory reference.

Subsections 11B-21.005(4)(a), (5), (6), (7), F.A.C.: Updates the rule reference and revises the CMS First Aid Instructional Requirements, form CJSTC-208, to update the list of equipment and training kit materials necessary to properly conduct Commission-approved first aid training.

Subsection 11B-21.018(3), F.A.C.: Updates the statutory reference.

Rule 11B-21.019, F.A.C.: Updates the statutory reference.

Subsection 11B-21.019(1), F.A.C.: Clarifies a time limit of December 31 of each year for inspections to be completed and specifies that the training center director or designee is allowed to conduct annual facility inspections within the five-year recertification period.

Subsection 11B-21.019(3), F.A.C.: Specifies that the training center director or designee must notify Commission staff if a non-compliance issue is found to ensure that appropriate action and follow-up can be taken; and clarifies that a facility may not be used if it has areas of non-compliance.

SUMMARY: Updates to statutory references; revised CMS First Aid Instructional Requirements, form CJSTC-208; and training school guidelines and inspections.

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) FS.

LAW IMPLEMENTED: 943.12(3), 943.14 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, June 29, 2016, 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-21.002 Criminal Justice Training Schools’ Request for Certification, Expansion of Certification, and Re-certification.

(1) No change.

(2) Pursuant to Section 943.12(3)(7), F.S., the Commission shall authorize the issuance of certificates to criminal justice training schools.  A training school shall be categorized as a type “A,” “B,” or “C,” certification and assigned one of the following certification codes: 

(a) through (c) No change.

(3) through (5) No change.

Rulemaking Authority 943.03(4), 943.12(1), (2) FS.  Law Implemented 943.12(3), (7), 943.14 FS.  History–New 7-21-82, Amended 1-28-86, Formerly 11B-21.02, Amended 12-13-92, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 11-30-04, 3-21-07, 6-9-08, 9-28-09, 3-13-13, 7-29-15,              . 

 

11B-21.005 Criminal Justice Training School Requirements for Certification and Re-certification. 

Training Schools certified by the Commission shall comply with the following requirements:

(1) through (3) No change.

(4) Driving Range Facility, Equipment, and Instructor to Student Ratio Requirements. 

(a) When conducting Commission-approved vehicle operations training, comply with the driving range facility, equipment, and instructor to student ratio requirements set forth in subsection 11B-35.0021(8)(7), F.A.C., and in the Driving Range Facility and Equipment Requirements, form CJSTC-202, revised November 7, 2013, effective 5/2014, hereby incorporated by reference.  Form CJSTC-202 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 [phone]. 

(b) No change.

(5) Defensive Tactics Facility, Equipment, and Instructor to Student Ratio Requirements.  When conducting Commission-approved defensive tactics training, comply with the defensive tactics equipment, facility, and instructor to student ratio requirements set forth in subsection 11B-35.0021(8)(7), F.A.C., and in the Defensive Tactics Facility and Equipment Requirements, form CJSTC-203, revised November 7, 2013, effective 5/2014, hereby incorporated by reference.  Form CJSTC-203 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 [phone]. 

(6) Firing Range Facility, Equipment, and Instructor to Student Ratio Requirements.  When conducting Commission-approved firearms training, comply with the firing range equipment, facility, and instructor to student ratio requirements set forth in subsection 11B-35.0021(8)(7), F.A.C., and in the Firing Range Facility and Equipment Requirements, form CJSTC-201, revised December 16, 2010, (effective 3/2013), hereby incorporated by reference. Form CJSTC-201 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 [phone].  Firearms training shall be supervised directly by a Commission-certified firearms instructor and the instructor shall have access to at least one firearms range designed for criminal justice firearms instruction. 

(7) First Aid Facility, Equipment, and Instructor to Student Ratio Requirements.  When conducting Commission-approved first aid training, comply with the first aid equipment, facility, and instructor to student ratio requirements set forth in subsection 11B-35.0021(8)(7), F.A.C., and in the CMS First Aid Instructional Requirements, form CJSTC-208, revised November 5, 2015 December 16, 2010, effective 9/2016 (effective 3/2013), hereby incorporated by reference.  Form CJSTC-208 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 [phone]. 

(8) through (12) No change.              

Rulemaking Authority 943.03(4), 943.12(1), (2) FS.  Law Implemented 943.12(2), (3), (8), (7), 943.14, 943.17(1)(g) FS.  History–New 7-21-82, Formerly 11B-21.05, Amended 1-28-86, 8-30-89, 12-24-89, 6-3-91, 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, 5-21-12, 3-13-13, 5-29-14,

.

 

11B-21.018 Criminal Justice Training School Disciplinary Guidelines and Revocation of Certification.

(1) through (2) No change.

(3) Should the Commission revoke the certification of a training school, Commission staff shall schedule an audit and inventory pursuant to Sections 943.12(3) and 943.25(3)(4), F.S., of class file documentation, monies, equipment, and property that have been acquired by the training school with Criminal Justice Standards and Training Trust Fund Officer Training Monies.  The audit and inventory shall be conducted within thirty calendar days from the date the Commission took action on the training school’s certification, and:

(a) through (d) No change.

(4) No change.

Rulemaking Specific Authority 943.03(4), 943.12(1), (2) FS.  Law Implemented 943.12(3), 943.14, 943.25(3) FS.  History–New 10-17-90, Amended 12-13-92, 8-7-94, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 11-30-04, 6-9-08,

.

 

11B-21.019 Criminal Justice Training School Inspections.  Section 943.12(3)(7), F.S., authorizes the Criminal Justice Standards and Training Commission to issue certificates to criminal justice training schools.  These training schools shall abide by the requirements for administration and instruction of Commission-approved training pursuant to Rule Chapters 11B-21 and 11B-35, F.A.C.

(1) A comprehensive inspection of training schools shall be conducted annually no later than December 31 of each year, at minimum, by Commission staff or the training center director or designee, to ensure compliance with Rules 11B-21.005 and 11B-21.0051, F.A.C. Commission staff shall conduct a comprehensive inspection of the training schools during the second year of the five-year training school certification period and in conjunction with the five-year training school recertification, pursuant to Rule 11B-21.002(5)(b), F.A.C.  The training center director or designee shall conduct a comprehensive inspection of their training school during each of the remaining years of the training school certification period.  When the training center director or designee conducts an inspection, the The training center director or designee shall complete, sign, and forward to Commission staff, the following applicable form(s):

(a) through (d) No change.

(2) No change.

(3) The training center director or designee will notify Commission staff immediately if any areas of non- compliance are noted during the annual inspection. Training schools shall correct the areas of non-compliance within 30 days from the date the training center director or designee conducts the inspection or the date the training schools are notified by Commission staff.  All areas of non-compliance shall be corrected or prior to the subsequent use of the facilities for delivery of training.

(4) through (6) No change.

Rulemaking Specific Authority 943.03(4), 943.12(1), (2) FS.  Law Implemented 943.12(3), (7), 943.14 FS.  History–New, 11-5-02, Amended 11-30-04, 6-9-08, .

 

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: August 2, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 30, 2015