Paragraph 11B-35.001(11)(b), F.A.C.: Adds all Specialized Training Program Courses to the list of courses that a training school must enter in ATMS which allows all Commission-approved training courses to be entered to provide ....

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NOS.:RULE TITLES:

11B-35.001General Training Programs; Requirements and Specifications

11B-35.002Basic Recruit Training Programs for Law Enforcement, Correctional, and Correctional Probation

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

11B-35.006Advanced Training Program

PURPOSE AND EFFECT: Paragraph 11B-35.001(11)(b), F.A.C.: Adds all Specialized Training Program Courses to the list of courses that a training school must enter in ATMS which allows all Commission-approved training courses to be entered to provide a more complete reflection of the Commission-approved training a criminal justice officer completes.

Paragraphs 11B-35.001(11)(c)-(d), F.A.C.: Removes the original paragraph 11B-35.001(11)(c), F.A.C., because the proposed change to paragraph 11B-35.001(11)(b), F.A.C., incorporates the courses listed in this subsection making it redundant.

Sub-paragraph 11B-35.001(11)(c)8., F.A.C.: Incorporates the revised Instructor Exemption, form CJSTC-82, to update the rule reference because the pre-existing paragraph 11B-35.001(11)(c), F.A.C., was removed.

Sub-paragraph 11B-35.001(11)(c)14., F.A.C.: Incorporates the revised Physician’s Assessment, form CJSTC-75, to update the rule reference because the pre-existing paragraph 11B-35.001(11)(c), F.A.C., was removed.

Subsection 11B-35.002(3), F.A.C.: Clarifies that this rule applies to persons entering cross-over training and not to gain employment as an officer; and a background investigation must be completed on applicants for the cross-over training program.

Sub-paragraph 11B-35.002(3)(a)1.-4., F.A.C.: Removes unnecessary language and renumbers subparagraphs 11B-35.002(3)(a)1.-4., F.A.C.

Sub-paragraph 11B-35.002(3)(a)3., F.A.C.: Clarifies that the four year time frame applies to the cross-over training programs.

Sub-paragraph 11B-35.0024(3)(f)2., F.A.C.: Incorporates the revised First Aid Performance Evaluation, form CJSTC-5, to reflect that CPR Instructor certification is no longer a prerequisite to taking the First Aid Instructor Course.

Sub-paragraph 11B-35.0024(4)(c)2., F.A.C.: Incorporates the revised Speed Measurement Device Instructor Field Evaluation, form CJSTC-10, to only request the last four digits of the applicant’s social security number.

Sub-paragraph 11B-35.0024(4)(l)2., F.A.C.: Incorporates the revised Canine Team Instructor Performance Evaluation, form CJSTC-20, to only request the last four digits of the applicant’s social security number.

Subsection 11B-35.006(7), F.A.C.: Allows the entry of all Advanced Training Program Courses into ATMS and requires training schools to indicate the reason an officer is taking an Advanced Training Program course.

SUMMARY: Adds all Specialized Training Program Courses to ATMS; cross-over training applicants; request last four digits of the applicant’s social security number on specific forms; deletes unnecessary language; basic recruit cross-over training program requirements; Advanced Training Program course; and revised Instructor Exemption, form CJSTC-82; Physician’s Assessment, form CJSTC-75; First Aid Performance Evaluation, form CJSTC-5; Speed Measurement Device Instructor Field Evaluation, form CJSTC-10.; and Canine Team Instructor Performance Evaluation, form CJSTC-20.

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, 943.12(5), 943.17, 943.17(1)(b) 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: Thursday, April 1, 2021, 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 (10) No change.

(11) Reporting requirements for Commission-approved Basic Recruit, Advanced, Specialized, and Special Operations Forces Training Program Courses are as follows:

(a) No change. 

(b) Following the completion of a Commission-approved Basic Recruit Training Program, Advanced Training Program Course, Special Operations Forces Training Program, or Specialized Training Program Course outlined in subsection 11B-35.007(1), F.A.C., Instructor Training Course, the training center director or designee shall, within thirty days of the program or course completion date, electronically transmit a completed Training Report form CJSTC-67, or transmit an updated CJSTC-67 form through the Commission’s ATMS.  Submission of the Academy Physical Fitness Standards Report, form CJSTC-67A, revised August 4, 2016, effective 7/2017, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-08440, is required for Law Enforcement, Correctional Probation, and Correctional Basic Recruit Training Programs within thirty days of the course completion.  Submission of form CJSTC-67A is not required for the Law Enforcement Auxiliary and Cross-Over Basic Recruit Training Programs.  Form CJSTC-67A 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]. 

(c) The following Specialized Training Program Courses shall be submitted to Commission staff through the Commission’s ATMS, by transmitting a completed form CJSTC-67 within thirty days of the course completion: 

1. Canine Team Training Course. 

2. Breath Test Operator Course. 

3. Breath Test Operator Renewal Course. 

4. Agency Inspector Course. 

5. Agency Inspector Renewal Course. 

6. Single Officer Response to Active Threat and Shooter Incidents Course.

7. Crisis Intervention Training for School Resource Officers Course.

(c)(d) The training center director or designee shall ensure that the records for Commission-approved Basic Recruit, Advanced, Specialized, and Special Operations Forces Training Program Courses are maintained in the course file within the training school.  Each course shall be subject to audit by Commission staff.  Such records shall, at a minimum, include: 

1. through 7. No change.

8. List of course instructor(s) to include full name and a copy of the instructor’s current ATMS Global Profile Sheet filed alphabetically in a master file, or maintained in the course file, or completion of Instructor Exemption, form CJSTC-82, revised _____________, effective ________ August 10, 2017, effective 8/2018, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-____ http://www.flrules.org/Gateway/reference.asp?No=Ref-09681, if applicable. Form CJSTC-82 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]. 

9. through 13. No change.

14. For Basic Recruit Training Programs, proof of compliance with Sections 943.13(2), 943.14(7) and 943.17(1)(g), F.S., and paragraph 11B-35.001(13) (b), F.A.C., which includes a completed Physician’s Assessment, form CJSTC-75, revised __________, effective _________ , August 4, 2016, effective 7/2017, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-____ http://www.flrules.org/Gateway/reference.asp?No=Ref-08442. Form CJSTC-75 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].

15. through 16. No change.

(12) 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, ________.

 

11B-35.002 Basic Recruit Training Programs for Law Enforcement, Correctional, and Correctional Probation.

(1) through (2) No change.

(3) The Commission has established basic recruit cross-over training programs to provide lateral movement of officers between criminal justice disciplines.  Officers requesting cross-over training employment in another discipline must comply with Sections 943.14(7) and 943.17(1)(g), F.S.

(a) To be eligible to attend a cross-over training program the applicant shall:

1. Comply with the employment requirements of Section 943.1395(3), F.S., and subsections 11B-27.002(4) and 11B-35.002(2), F.A.C.; and

1.2. Be an active certified officer in the discipline the officer is moving from; or

2.3. Have not been separated from employment in the discipline the officer is moving from for more than four years; or

3.4. Within four years of the beginning date of the Commission-approved Basic Recruit Training Program for the discipline the officer is moving from, have successfully completed the Commission-approved Basic Recruit Training Program, and passed the State Officer Certification Examination (SOCE), and started the basic recruit cross-over training program.

(4) through (6) 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 1-10-94, 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, 5-21-12, 3-13-13, 5-29-14, 7-29-15, 9-4-16, 7-19-17, 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) through (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 _______ November 5, 2015, effective 9/2016, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-______ http://www.flrules.org/Gateway/reference.asp?No=Ref-07367. 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) through (i) No change.

(4) Successful completion and demonstration of proficiency skills is required for each of the following basic recruit, advanced, specialized instructor, or specialized training program courses:  DUI Traffic Stops, Speed Measurement Course, Speed Measurement Instructor Course, Breath Test Instructor Course, Breath Test Instructor Renewal Course, Breath Test Operator Course, Breath Test Operator Renewal Course, Agency Inspector Course, Agency Inspector Renewal Course, Underwater Police Science and Technology course, Canine Team Training Course, and Canine Team Training Instructor Course. 

(a) through (b) No change.

(c) Speed Measurement Instructor Course, number 1159.

1. No change.

2. An instructor student shall achieve a score of no less than 85% on the required written end-of-course examination and demonstrate the required proficiency skills at 100%, with the results recorded on the required Speed Measurement Device Instructor Field Evaluation form CJSTC-10, revised ____________, effective _______ November 7, 2013, effective 5/2014, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-______ http://www.flrules.org/Gateway/reference.asp?No=Ref-03927. Form CJSTC-10 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].  A copy of the completed form CJSTC-10 shall be provided to the student and the original form CJSTC-10 shall be maintained in the student or course file.

(d) through (k) No change. 

(l) Canine Team Training Instructor Course number 1199. 

1. No change. 

2. An instructor student shall achieve a score of no less than 85% on the required written end-of-course examination, demonstrate instruction of one classroom topic from the Canine Team Training Course number 1198, and demonstrate instructing field exercises in obedience, criminal apprehension, building search, area search, and tracking and trailing from the Canine Team Training Course number 1198, with the results recorded on the required performance evaluation form.  A copy of the completed Canine Team Instructor Performance Evaluation form CJSTC-20, revised __________, November 6, 2014, effective ______ 7/2015, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-______ https://www.flrules.org/Gateway/reference.asp?No=Ref-05626, shall be provided to the student and the original form CJSTC-20 maintained in the instructor student course file. Form CJSTC-20 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].  A copy of the completed form shall be provided to the student and the original maintained in the course file.

(m) 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, _________.

 

11B-35.006 Advanced Training Program.

(1) through (6) No change.

(7) Training schools shall report the successful completion of Advanced Training Program Courses for officers pursuant to paragraph 11B-35.001(11)(b), F.A.C., if they have received written or electronic authorization from the officer’s respective agency for salary incentive credit. Training schools shall indicate if the officers are authorized by their employing agency to receive salary incentive credit or mandatory retraining credit.

Rulemaking Authority 943.03(4), 943.12(1), (2) FS.  Law Implemented 943.12(5), 943.17(1)(b) FS.  History–New 12-13-92, Amended 1-10-94, 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, 3-13-13, 9-4-16, 8-15-18, _______.

 

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 9, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 29, 2021