Permits training center directors to appoint or approval fiscal agents to maintain, who are record keepers for Trust fund Officer Training Monies, to meet the operational needs of the regions; Clarifies that an accredited college (not a community ...

 

DEPARTMENT OF LAW ENFORCEMENT
Criminal Justice Standards and Training Commission

RULE NOS.:RULE TITLES:
11B-18.003Operational Definitions
11B-18.004Regional Training Areas
11B-18.005Establishment of Regional Training Councils
11B-18.0053Officer Training Monies Budget and Expenditure Categories
11B-18.0071Development of Officer Training Monies Budgets and Required Reports
11B-18.008Areas of Responsibility
PURPOSE AND EFFECT: Permits training center directors to appoint or approval fiscal agents to maintain, who are record keepers for Trust fund Officer Training Monies, to meet the operational needs of the regions;
Clarifies that an accredited college (not a community college) is permitted to approve trust funded student fees for Advanced and Specialized Training Program Courses;
Updates the list of Commission-certified training schools by Region that receive and distribute trust fund monies for officer training;
Updates agencies in State Regional Law Enforcement Officer Training Council XV;
Updates administrative expenses that can be charged to the trust fund;
Approves part-time instructional coordinators employed at a Commission-certified training school to attend courses funded with Trust Fund Officer Training Monies;
Clarifies the reimbursement policy for trust funded training, room, and board for an officer, support personnel, employing agency, or private entity, for travel incurred to and from training for attending Specialized Training Program Courses;
Revises the Operating Capital Outlay Property Disposal Request form CJSTC-311 and the corresponding rule to permit a training school to dispose usable property to another Commission-certified training school and then to a Florida criminal justice agency;
Provides instructions for submitting Trust Fund Programmatic Budget amendments to Commission staff; requires Regional Training Councils to maintain trust fund financial documents for review by Commission staff upon request;
Clarifies that regional training councils are permitted to appoint or approve regional fiscal agents who are record keepers for Trust Fund Officer Training Monies;
Permits training schools to access Trust Fund Officer Training Monies documents maintained by fiscal agents to ensure compliance with the Commission’s rules.
SUMMARY: Permits appointment of fiscal agents by training center directors; permits only an accredited college to approve trust funded student fees; revises Commission-certified training school names; updates agency names in the State Regional Law Enforcement Officer Training Council XV; updates the list of trust fund administrative expenses; approves part-time instructional coordinators to attend trust funded courses; clarifies the reimbursement policy for trust funded training, room, and board; implements a new policy for disposal of Commission-certified training school property; updates the Operating Capital Outlay Property Disposal Request form CJSTC-311; adds instructions for submitting Trust Fund Programmatic Budget amendments; requires maintenance of regional training council documents and review by Commission staff upon request; permits Regional Training Councils to appointment regional fiscal agents; and permits training schools to access fiscal agent documentation.
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 proposed rule is not expected to exceed any of the criteria set forth in Section 120.541(2)(a), F.S., and thus, a legislative ratification is not required under Section 120.541(3), F.S. This determination is based upon the nature of the subject matter of the proposed amendment. Other rules incorporating this rule: None. Effect on those other rules: None
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), 943.25(2), (3), (4) FS.
LAW IMPLEMENTED: 943.12(5), 943.25, 943.25(2), (3), (4) 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: January 22, 2013, 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], or write to Florida Department of Law Enforcement, Criminal Justice Professionalism Program, 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: Donna Hunt at [phone], or [e-mail], or write to Florida Department of Law Enforcement, Criminal Justice Professionalism Program, 2331 Phillips Road, Tallahassee, Florida 32308

THE FULL TEXT OF THE PROPOSED RULE IS:

 

11B-18.003 Operational Definitions.

For the purpose of this rule chapter, the definitions of “Auxiliary Law Enforcement Officer,” “Auxiliary Correctional Officer,” “Auxiliary Correctional Probation Officer,” “Commission,” “Correctional Officer,” “Correctional Probation Officer,” “Criminal Justice Training School,” “Commission staff,” “Program,” “Employing Agency,” “Law Enforcement Officer,” “Officer,” “Part-time Law Enforcement Officer,” “Part-time Correctional Officer,” “Part-time Correctional Probation Officer,” “Private Criminal Justice Training School,” “Public Criminal Justice Training School,” “Support Personnel,” and “Training Center Director,” pursuant to Section 943.10, F.S., shall apply. The operational definitions are as follows:

(1) through (15) No change.

(16) “Fiscal Agent” means the person(s) appointed or approved by a training center director(s) or Regional Training Council, who is responsible for providing fiscal assistance and expertise to the Regional Training Council(s) and school(s). The fiscal agent is responsible for the records, accountings, and other materials or information regarding expenditures from Officer Training Monies.

(17) through (24) No change.

(25) “Student fees funded with Officer Training Monies” means payment for tuition, lab fees, and other related fees, for Commission-approved Advanced and Specialized Training Program Courses that have been approved by an accredited a community college or school district, as defined in Section 943.22, F.S.

Rulemaking Specific Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.12(5), 943.25(3)(4) FS. (Supp. 1998). History–New 1-13-81, Amended 7-28-82, 1-26-83, 1-7-85, 1-28-86, Formerly 11B-18.03, Amended 7-13-87, 5-23-88, 12-13-92, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 11-30-04,_________.

 

11B-18.004 Regional Training Areas.

For the purposes of Officer Training Monies activities, there are established the following sixteen regional training areas:

(1) No change.

(2) Region II.

(a) No change.

(b) Commission-certified training schools within Region II: Chipola College Center for Public Service Criminal Justice Training Center, Gulf Coast State Community College Criminal Justice Training Academy, and Washington-Holmes Technical Center Criminal Justice Program.

(3) Region III.

(a) No change.

(b) Commission-certified training school within Region III: Florida Public Safety Institute, Tallahassee Community College/Pat Thomas Law Enforcement Academy.

(4) Region IV.

(a) No change.

(b) Commission-certified training schools within Region IV: Florida Gateway College Public Service Training Center Lake City Community College Criminal Justice Center, North Florida Community College Public Safety Criminal Justice Academy, and Santa Fe College Institute of Public Safety.

(5) Region V.

(a) No change.

(b) Commission-certified training schools within Region V: Florida Community College Northeast Florida Criminal Justice Training and Education Center, and St. Johns State River Community College Criminal Justice Training Program.

(6) Region VI.

(a) No change.

(b) Commission-certified training schools within Region VI: College of Central Florida Community College Criminal Justice Institute and Citrus County Public Safety Center Withlacoochee Technical Institute Criminal Justice Academy.

(7) Region VII.

(a) No change.

(b) Commission-certified training schools within Region VII: Brevard Community College Institute of Public Safety, Criminal Justice Institute at Valencia Community College, Daytona State College School of Emergency Services Institute at Daytona State College, Criminal Justice Academy of Osceola, Lake Technical Center Institute of Public Safety, and Seminole State College Criminal Justice Institute.

(8) No change.

(9) Region IX.

(a) No change.

(b) Commission-certified training schools within Region IX: Hillsborough Community College Yabor City Campus Criminal Justice Institute, Manatee Technical Institute Law Enforcement Academy, Manatee County Sheriff’s Office Training Center, Pasco-Hernando Community College Public Service Technology Center, and St. Petersburg College Southeastern Public Safety Institute.

(10) through (11) No change.

(12) Region XII.

(a) No change.

(b) Commission-certified training school within Region XII: Palm Beach State College Criminal Justice Institute Community College Criminal Justice Training Center.

(13) No change.

(14) Region XIV.

(a) No change.

(b) Commission-certified training schools within Region XIV: Florida Keys Community College Institute of Criminal Justice, Miami Police Training Center, Miami-Dade Public Safety and Training Metropolitan Police Institute, and Miami-Dade College School of Justice.

(15) Region XV.

(a) No change.

(b) Commission-certified training schools within Region XV: Florida Department of Law Enforcement Bureau of Professional Development, Florida Highway Patrol Training Academy, Florida Department of Environmental Protection Office of Training and Professional Standards Public Education and Training Center, and Florida Fish and Wildlife Conservation Commission.

(16) Region XVI.

(a) No change.

(b) Commission-certified training school within Region XVI: Florida Department of Corrections/Florida Corrections Academy.

Rulemaking Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.25(4)(5) FS. (Supp. 1998). History–New 1-13-81, Amended 7-28-82, 1-7-85, Formerly 11B-18.04, Amended 7-13-87, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 11-30-04, 3-27-06, 3-21-07, 9-28-09, 6-3-10,_________.

 

11B-18.005 Establishment of Regional Training Councils.

(1) through (2) No change.

(3) The State Regional Law Enforcement Officer Training Council XV shall be comprised of one representative from each of the following Florida state law enforcement agencies:

(a) through (b) No change.

(c) Office of the Marshal of the Supreme Court of Florida

(c) Department of Environmental Protection.

(d) through (f) No change.

(g) Department of Transportation.

(h) through (j) No change.

(k) Department of Juvenile Justice.

(l) Department of Banking and Finance.

(4) through (7) No change.

Rulemaking Specific Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.25(4)(5) FS. History–New 1-13-81, Amended 7-28-82, 1-7-85, (7), (8) Transferred to 11B-18.051, Formerly 11B-18.05, Amended 7-13-87, 5-23-88, 10-17-90, 12-13-92, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 11-30-04, 3-21-07,_________.

 

11B-18.0053 Officer Training Monies Budget and Expenditure Categories.

(1) No change.

(2) Category I, Administrative Expenses. Administrative Expenses shall be reasonable and an accounting of all expenditures shall be maintained.

(a) No change.

(b) Administrative expenses are divided into two categories:

1. No change.

2. Miscellaneous Expenses. Miscellaneous Expenses are administrative expenditures, expended from Officer Training Monies by Commission-certified training schools that are incurred in direct support of officer training. Examples include office supplies, notices in the Florida Administrative Weekly publications, and postage.

(c) No change.

(3) Category II, Training Expenses. Each region shall not budget less than 80% of the total regional allocation of Officer Training Monies for the purpose of delivering regional Commission-approved Advanced and Specialized Training Program Courses.

(a) Criminal justice officers and support personnel, pursuant to Section 943.10, F.S., are authorized to expend Officer Training Monies to attend Advanced and Specialized Training Program Courses delivered through a Commission-certified training school, provided the support personnel does not displace a certified officer. The Criminal Justice Standards and Training Commission has further authorized the following personnel to attend courses funded with Officer Training Monies:

1. through 2. No change.

3. Full-time staff and part-time instructional coordinators employed by a Commission-certified training school on a space available basis provided the staff does not displace a Florida officer.

4. Department of Banking and Finance, Office of Financial Investigations, on a space available basis, provided a Florida officer is not displaced.

(b) through (d) No change.

(e) If Commission-approved Advanced and Specialized Training Program Courses are funded with Officer Training Monies, the training and room or board costs may not be assessed against the officer, support personnel, or their employing agency, pursuant to Section 943.25(5), F.S., however, the employing agency is responsible for travel incurred to and from training. If an officer, defined in Section 943.10(2), F.S., is employed with a private entity contracted with the state or county, or if If an officer is not employed or appointed by an employing agency of Florida, the officer may attend a course funded with Officer Training Monies, provided the officer pays for all training costs associated with course attendance, pursuant to Sections 943.25(5)(6) (b), 944.105(7), or 944.714(2), F.S. Reimbursement of these costs, excluding out-of-state tuition, shall be deposited in the Commission-certified training school's Officer Training Monies account.

(4) Category III, Operating Capital Outlay Expenses. Each region shall not budget more than 15% of the total regional allocation to purchase items that are non-consumable and non-expendable. Category III Operating Capital Outlay Expenses fall into the following categories:

(a) through (d) No change.

(e) Operating Capital Outlay Property shall not be disposed of or transferred without prior notification to and approval by Commission staff. An Operating Capital Outlay Property Disposal Request, form CJSTC-311, created May 6, 2004, revised December 16, 2010, hereby incorporated by reference, shall be completed and submitted to Commission staff when disposing or transferring Operating Capital Outlay Property. Form CJSTC-311 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].

1. Usable Operating Capital Outlay Property. Usable property shall be offered to other Commission-certified training schools in Florida prior to selling or disposing of the property. The usable property shall be offered to criminal justice agencies in Florida if a training school does not claim the property. To transfer Operating Capital Outlay Property from one training school to another, the transferring training school shall forward to Commission staff a completed form CJSTC-311, which shall be signed by the training center director.

2. through 3. No change.

(f) No change.

Rulemaking Authority 943.03(4), 943.12(1), (2), 943.25(2), (3)(4), (4)(5) FS. Law Implemented 943.25 FS. History-New 11-5-02. Amended 11-30-04, 6-3-10,_________.

 

11B-18.0071 Development of Officer Training Monies Budgets and Required Reports.

(1) No change.

(2) Budget Amendment and Programmatic Change. The Officer Training Monies Programmatic Change and Budget Amendment, form CJSTC-302, revised February 7, 2002, hereby incorporated by reference, shall be used by a Commission-certified training school through its Regional Training Council to reflect changes to its annual operating budget. Form CJSTC-302 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].

(a) through (b) No change.

(c) Programmatic Change: A programmatic change shall be submitted to Commission staff on form CJSTC-302 when a training school and region requests a change within a budget category within its Commission-approved budget and does not alter the distribution formula set forth in Rule 11B-18.0053, F.A.C.

(d)(c) Emergency Budget Amendment. An Emergency Budget Amendment is an adjustment to the approved regional operating budget that does not meet the Commission’s distribution formula. An Emergency Budget Amendment that alters the Commission’s distribution formula shall be submitted to Commission staff by a Commission-certified training school through its Regional Training Council, and shall include an explanation as to why the budget amendment is needed. Emergency Budget Amendments shall be submitted at the Criminal Justice Standards and Training Commission’s next quarterly Commission meeting. If approval of the budget amendment is required prior to the next scheduled Commission meeting, the Commission Chairman shall approve the Emergency Budget Amendment and report the approved amendment to the full Commission at the next quarterly Commission meeting.

(3) through (5) No change.

Rulemaking Specific Authority 943.03(4), 943.12(1), (2), 943.25(3)(4), (4)(5) FS. Law Implemented 943.25 FS. History–New 1-13-81, Amended 7-1-81, 7-28-82, 1-7-85, 1-28-86, Formerly 11B-18.071, Amended 7-13-87, 5-23-88, 10-17-90, 12-13-92, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 11-30-04,              .

 

11B-18.008 Areas of Responsibility.

With regard to the Criminal Justice Standards and Training Trust Fund Officer Training Monies, the following entities shall have responsibilities outlined in subsections (1)-(3) of this rule section.

(1) The responsibilities of the Regional Training Councils are to:

(a) Determine the distribution of Officer Training Monies for allocation to the individual Commission-certified training schools in the respective training regions.

(b) Submit to Commission staff a list of the current voting membership of each Regional Training Council, including Regional Training Council officers (noting appointed fiscal agents) and forward any membership changes to Commission staff as they occur.

(c)(d) Submit to Commission staff and maintain on file the minutes of each Regional Training Council meeting.

(d)(e) Submit to Commission staff and maintain on file all required documents, budgets, and reports, audit reports, and other documentation required by the Council and make available for review by Commission staff.

(e)(f) Appoint or approve a regional fiscal agent.

(2) No change.

(3) The responsibilities of Commission-certified training schools are to:

(a) through (c) No change.

(d) Make available to the Regional Training Council, documentation maintained by the fiscal agent 15 business days after the request for documentation.

(e)(d) Respond to any audit by the State, Commission staff, Regional Training Councils, or local government.

(f)(e) Begin training courses, for which Officer Training Monies are expended, on or before June 30 of the current fiscal year.

(g)(f)Receive and separately account for all property purchased with Officer Training Monies pursuant to standard state or local property inventory procedures. Submit to Commission staff an inventory of operating capital outlay items purchased with Officer Training Monies during each fiscal year.

(h)(g) Obtain approval from Commission staff prior to disposing of property purchased with Officer Training Monies.

Rulemaking Specific Authority 943.03(4), 943.12(1), (2), 943.25(4)(5) FS. Law Implemented 943.25 FS. History–New 1-13-81, Amended 7-1-81, 7-28-82, 1-7-85, 1-28-86, Formerly 11B-18.08, Amended 7-13-87, 5-23-88, 10-17-90, 12-13-92, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 11-30-04,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Donna Hunt
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 11, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 20, 2012

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