Subsection 11B-14.001(9), F.A.C.: Updates the rule reference because paragraphs were added to Rule 11B-35.001, F.A.C. Paragraph 11B-14.005(3)(a), F.A.C.: Removes the reference to Rule 11B-35.006(1)(b), F.A.C., and adds a link to the Active CJSTC ...  

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    DEPARTMENT OF LAW ENFORCEMENT

    Criminal Justice Standards and Training Commission

    RULE NO.: RULE TITLE:

    11B-14.001  Definitions

    11B-14.005  Annual Salary Incentive Compensation Report

    PURPOSE AND EFFECT: Subsection 11B-14.001(9), F.A.C.: Updates the rule reference because paragraphs were added to Rule 11B-35.001, F.A.C.

    Paragraph 11B-14.005(3)(a), F.A.C.: Removes the reference to Rule 11B-35.006(1)(b), F.A.C., and adds a link to the Active CJSTC Curricula web page.

    Sub-paragraphs 11B-14.005(3)(b)11.-70., F.A.C.: Renumbers the sub-subparagraphs of Rule 11B-14.005(3)(b), F.A.C., because retired courses were added to the list of inactive Advanced Training Program Courses that were eligible for salary incentive payments.

    Sub-paragraph 11B-14.005(3)(b)11., F.A.C.: Updates the list of inactive salary incentive Advanced Training Program Courses by adding Criminal Law, number 019, which was retired by the Commission, effective September 4, 2016.

    Sub-paragraph 11B-14.005(3)(b)16., F.A.C.: Updates the list of inactive salary incentive Advanced Training Program Courses by adding Sex Crimes Investigations, number 033, which was retired by the Commission, effective September 4, 2016.

    Sub-paragraph 11B-14.005(3)(b)33., F.A.C.: Updates the list of inactive salary incentive Advanced Training Program Courses by adding Organized Crime, number 054, which was retired by the Commission, effective September 4, 2016.

    Sub-paragraph 11B-14.005(3)(b)35., F.A.C.: Updates the list of inactive salary incentive Advanced Training Program Courses by adding Supervision of the Youthful Offender, number 058, which was retired by the Commission, effective September 4, 2016.

    Sub-paragraphs 11B-14.005(3)(b)48.-49., F.A.C.: Updates the list of inactive salary incentive Advanced Training Program Courses by adding Firefighting for Correctional Officers, number 072; and Community and Human Relations, number 073, which were retired by the Commission, effective September 4, 2016.

    Sub-paragraph 11B-14.005(3)(b)54., F.A.C.: Updates the list of inactive salary incentive Advanced Training Program Courses by adding Computers and Technology in Criminal Justice, number 080, which was retired by the Commission, effective September 4, 2016.

    Sub-paragraphs 11B-14.005(3)(b)65.-70., F.A.C.: Updates the list of inactive salary incentive Advanced Training Program Courses by adding the following courses which were retired by the Commission, effective September 4, 2016: Computer Crimes Investigations, number 1153; Financial Fraud Investigations, number 1154; Managing and Communicating With Inmates and Offenders, number 1161; Inmate Manipulation, number 1164; Investigating Crimes Against Children, number 1187; and Field Training Officer Course for Correctional Probation Officers, number 1188.

    SUMMARY: Updated rule references; link to the Active CJSTC Curricula web page; updated list of inactive salary incentive Advanced Training Program Courses by adding the following retired courses that were eligible for salary incentive payments: Criminal Law, number 019; Sex Crimes Investigations, number 033; Organized Crime, number 054; Supervision of the Youthful Offender, number 058; Firefighting for Correctional Officers, number 072; Community and Human Relations, number 073; Computers and Technology in Criminal Justice, number 080; Computer Crimes Investigations, number 1153; Financial Fraud Investigations, number 1154; Managing and Communicating With Inmates and Offenders, number 1161; Inmate Manipulation, number 1164; Investigating Crimes Against Children, number 1187; and Field Training Officer Course for Correctional Probation Officers, number 1188.

    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), 943.22(2)(h) FS.

    LAW IMPLEMENTED: 943.22, 943.25(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: Wednesday, April 11, 2018, 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 (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. 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, or 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-14.001 Definitions.  For the purpose of this rule chapter, the definitions of “employing agency,” “law enforcement officer,” “correctional officer,” “correctional probation officer,” and “Commission,” pursuant to Section 943.10, F.S., and the definitions of “community college degree or equivalent,” “bachelor‘s degree,” and “accredited college or university or community college,” pursuant to Section 943.22, F.S., shall be deemed controlling.  The definition of “law enforcement officer” also includes those elected officers who, pursuant to Section 943.253, F.S., choose to participate in the Salary Incentive Program.  In addition, for the purpose of this rule chapter, the term “officer” is limited to include “law enforcement officer,” “correctional officer,” or “correctional probation officer,” pursuant to Section 943.10(14), F.S.  Further, in order to provide effectively for the administration of the Salary Incentive Program, certain additional definitions are necessary, therefore, the following words or phrases shall have these meanings:

    (1) through (8) No change.

    (9) For Commission-approved Basic Recruit and Advanced Training Program Courses, the terms “successfully completed,” “successfully complete,” and “pass” are defined in subsection 11B-35.001(10)(9), F.A.C., or for federal or private training programs, a letter from the agency head attached to the Certificate of Completion that confers the successful completion of a federal or private training program.

    (10) No change.

    Specific Authority 943.03(4), 943.12(1), 943.22(2)(h) FS.  Law Implemented 943.22 FS.  History–New 8-19-72, Repromulgated 1-5-75, Amended 1-13-81, 5-16-83, 9-1-83, 1-7-85, Formerly 11B-14.01, Amended 7-13-87, 9-3-87, 12-13-92, 1-2-97, 7-7-99, 11-5-02, 11-30-04, 3-13-13, 7-19-17,              .

     

    11B-14.005 Annual Salary Incentive Compensation Report.

    (1) through (2) No change.

    (3)(a) The active Commission-approved Advanced Training Program Courses approved for salary incentive payments are listed in paragraph 11B-35.006(1)(b), F.A.C. on the Active CJSTC Curricula web page at http://www.fdle.state.fl.us/cms/CJSTC/Curriculum/Active-Courses.aspx.

    (b) The following inactive Advanced Training Program Courses were eligible for salary incentive payments for the dates as indicated:

    1. through 10. No change.

     

    Course Title

    Course Code

    Course

    Hours

    Inactive

    11.

    Criminal Law

    019

    40

    9/4/16

    12.11.

    Officer Skills Improvement and Stress Reduction

    028

    40

    7/1/88

    13.12.

    Police Officer Procedures and Techniques

    029

    40

    7/1/88

    14.13.

    Introduction to Police Operations and Leadership

    030

    40

    7/1/88

    15.14.

    Crime Scene Photography, effective 7/1/85

    031

    40

    7/1/88

    16.

    Sex Crimes Investigations

    033

    40

    9/4/16

    17.15.

    Crimes Against Property

    034

    40

    7/1/88

    18.16.

    Confidential Informants and Other Source of Information

    035

    40

    7/1/88

    19.17.

    Crime Prevention

    037

    40

    7/1/88

    20.18.

    Traffic Accident Investigation

    038

    40

    7/1/88

    21.19.

    Traffic Homicide Investigation

    039

    40

    7/1/98

    22.20.

    Surveillance Techniques

    040

    40

    7/1/88

    23.21.

    Environmental Law Enforcement and Investigation

    041

    40

    10/1/85

    24.22.

    Marine Enforcement and Investigation

    042

    40

    7/1/88

    25.23.

    Economic Crimes - An Overview

    043

    40

    7/1/88

    26.24.

    Economic Crimes - Crime Scheme Identification

    044

    40

    10/1/85

    27.25.

    Economic Crimes -  Frauds and Schemes

    045

    40

    7/1/88

    28.26.

    Economic Crimes - Tangible Property  Frauds and Schemes

    046

    40

    10/24/86

    29.27.

    Crimes Against Persons

    048

    40

    7/1/88

    30.28.

    Tactical Police Driving

    049

    40

    7/1/88

    31.29.

    Field Training Officer

    051

    40

    7/1/02

    32.30.

    Crime and the Elderly

    052

    40

    7/1/88

    33.

    Organized Crime

    054

    40

    9/4/16

    34.31.

    Radar Speed Measurement Training Course for Law Enforcement Officers

    055

    40

    12/31/06

    35.

    Supervision of the Youthful Offender

    058

    40

    9/4/16

    36.32.

    Correctional Operations

    059

    40

    7/1/88

    37.33.

    Counseling and Communication Skills Program

    060

    40

    7/1/88

    38.34.

    Supervisory Training - See Course 006

    061

    40

    10/1/85

    39.35.

    Management Training - See Course 007

    062

    40

    10/1/85

    40.36.

    Crisis Management Training - See Course 053

    063

    40

    10/1/85

    41.37.

    Stress Awareness and Resolution - See Course 050

    064

    40

    10/1/85

    42.38.

    Self Defense and Use of Force

    065

    40

    7/1/88

    43.39.

    First Responder to Medical Emergencies

    066

    40

    7/1/91

    44.40.

    Firearms Qualification

    067

    40

    9/30/83

    45.41.

    Residential Security

    069

    40

    7/1/88

    46.42.

    Commercial Security

    070

    40

    7/1/88

    47.43.

    Developing and Managing Crime Prevention Programs

    071

    40

    7/1/88

    48.

    Firefighting for Correctional Officers

    072

    40

    9/4/16

    49.

    Community and Human Relations

    073

    40

    9/4/16

    50.44.

    Community Relations

    075

    40

    10/24/86

    51.45.

    Health Training

    076

    40

    10/1/85

    52.46.

    Proficiency Skills Enhancement, effective 4/25/85

    078

    40

    7/1/88

    53.47.

    Prevention of Delinquency and Juvenile Victimization, effective 4/25/85

    079

    40

    7/1/88

    54.

    Computers and Technology in Criminal Justice

    080

    40

    9/4/16

    55.48.

    Instructor Techniques, effective 7/1/85

    081

    80

    7/1/88

    56.49.

    Foreign Language Skills, effective 7/25/85

    082

    80

    7/1/88

    57.50.

    Advanced Neighborhood Watch, effective 7/25/85

    083

    40

    7/1/88

    58.51.

    Models for Management

    084

    40

    7/1/87

    59.52.

    Background Investigations

    086

    40

    7/1/88

    60.53.

    Investment in Excellence, effective 3/17/86

    089

    40

    7/1/88

    61.54.

    Fingerprints Science, effective 10/24/86

    092

    120

    7/1/88

    62.55.

    Laser Speed Measurement Operators Course for Law Enforcement Officers

    095

    40

    12/31/06

    63.56.

    Learning To Supervise, effective 4/25/85

    200

    40

    7/1/88

    64.57.

    Learning To Manage, effective 4/25/85

    201

    40

    7/1/88

    65.

    Computer Crimes Investigations

    1153

    40

    9/4/16

    66.

    Financial Fraud Investigations

    1154

    40

    9/4/16

    67.

    Managing and Communicating With Inmates and Offenders

    1161

    40

    9/4/16

    68.

    Inmate Manipulation

    1164

    60

    9/4/16

    69.

    Investigating Crimes Against Children

    1187

    40

    9/4/16

    70.

    Field Training Officer Course for Correctional Probation Officers

    1188

    40

    9/4/16

    Rulemaking Authority 943.03(4), 943.12(1), 943.22(2)(i) FS.  Law Implemented 943.22 FS.  History–New 11-5-02.  Amended 11-30-04, 6-9-08, 3-13-13,               .

     

    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 7, 2018

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 30, 2017