11B-18.003(4), (7), (10), (15): Updates the statutory reference. 11B-18.004: Revised to include a description of the training areas and provides an internet address to assist customers with locating the names of the Commission-certified training ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NOS.:RULE TITLES:

11B-18.003Operational Definitions

11B-18.004Regional Training Areas

11B-18.0053Officer Training Monies Budget and Expenditure Categories

PURPOSE AND EFFECT: Subsections 11B-18.003(4), (7), (10), (15), F.A.C.: Updates the statutory reference.

Rule 11B-18.004, F.A.C.: Revised to include a description of the training areas and provides an internet address to assist customers with locating the names of the Commission-certified training schools and where they can be found.

Subsections 11B-18.004(1)-(16) , F.A.C.: Removes the specific training school names in the respective regional training areas to eliminate the need to revise the rule each time a Commission-certified training school changes its name.

Paragraph 11B-18.0053(3)(d) , F.A.C.: Updates the statutory reference.

Paragraph 11B-18.0053(4)(e) , F.A.C.: Revises the Operating Capital Outlay Property Disposal Request, form CJSTC-311, to specify that the Trust Fund Administrator must sign the form to authorize the transfer or disposal of trust fund operating capital outlay property. Upon completing the form the training center director must forward the form to the CJP Field Services Section of the FDLE/Criminal Justice Professionalism Program.

SUMMARY: Regional training areas and revised Operating Capital Outlay Property Disposal Request, form CJSTC-311.

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(5), 943.25(2), (3), (4), (5) 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-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 (3) No change.

(4) “Regional Training Council” means a Local Regional Training Council or a State Regional Training Council established in this rule chapter pursuant to Section 943.25(4)(5), F.S.

(5) through (6) No change.

(7) “Distribution Formula” means the Commission-approved distribution formula established in this rule chapter used to calculate the distribution of Officer Training Monies to the training regions pursuant to Section 943.25(4)(5)(b), F.S.

(8) through (9) No change.

(10) “Local Regional Training Council” means a Regional Training Council established pursuant to Section 943.25(4)(5), F.S., and is composed of representatives of Commission-certified training schools, and local law enforcement and local correctional agencies within a region.

(11) through (14) No change.

(15) “Reciprocal Payment” means reimbursement to a region for the expense of training a trainee from another region pursuant to Section 943.25(5)(6)(a), F.S.

(16) through (25) No change. 

Rulemaking Authority 943.03(4), 943.12(1), (2) FS.  Law Implemented 943.12(5), 943.25(3) 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, 3-13-13,               .

 

11B-18.004 Regional Training Areas.  For the purposes of Officer Training Monies activities, sixteen regional training areas comprised of the criminal justice agencies and Commission-certified training schools located within each regional training area are established.  The names of the Commission-certified training schools can be obtained at the following FDLE Internet address:  http://www.fdle.state.fl.us/Content/CJST/Menu/Training-Resources-Home-Page/Training-Centers.aspx or by contacting Commission staff at [phone].  there are established theThe following sixteen regional training areas are established:

(1) Region I. Criminal justice agencies and Commission-certified training schools within Escambia, Santa Rosa, Okaloosa, and Walton counties, and the State Attorney’s Office for the First Judicial Circuit.

(a) Criminal justice agencies within Escambia, Santa Rosa, Okaloosa, and Walton counties, and the State Attorney’s Office for the First Judicial Circuit.

(b) Commission-certified training schools within Region I: George Stone Vo-Tech Criminal Justice Training Center and Northwest Florida State College Criminal Justice Training Center.

(2) Region II. Criminal justice agencies and Commission-certified training schools within Holmes, Washington, Bay, Jackson, Calhoun, and Gulf counties, and the State Attorney’s Office for the Fourteenth Judicial Circuit.

(a) Criminal justice agencies within Holmes, Washington, Bay, Jackson, Calhoun, and Gulf counties, and the State Attorney’s Office for the Fourteenth Judicial Circuit. 

(b) Commission-certified training schools within Region II:  Chipola College Center for Public Service, Gulf Coast State College Criminal Justice Training Academy, and Florida Panhandle Technical College Public Safety Institute.

(3) Region III. Criminal justice agencies and Commission-certified training schools within Gadsden, Liberty, Franklin, Leon, Wakulla, and Jefferson counties, and the State Attorney’s Office for the Second Judicial Circuit.

(a) Criminal justice agencies within Gadsden, Liberty, Franklin, Leon, Wakulla, and Jefferson counties, and the State Attorney’s Office for the Second Judicial Circuit.

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

(4) Region IV. Criminal justice agencies and Commission-certified training schools within Madison, Taylor, Hamilton, Suwannee, Lafayette, Dixie, Columbia, Gilchrist, Baker, Union, Bradford, and Alachua counties, and the State Attorney’s Office for the Third and Eighth Judicial Circuits.

(a) Criminal justice agencies within Madison, Taylor, Hamilton, Suwannee, Lafayette, Dixie, Columbia, Gilchrist, Baker, Union, Bradford, and Alachua counties, and the State Attorney’s Office for the Third and Eighth Judicial Circuits.

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

(5) Region V. Criminal justice agencies and Commission-certified training schools within Nassau, Duval, Clay, Putnam, and St. Johns counties, and the State Attorney’s Office for the Fourth Judicial Circuit.

(a) Criminal justice agencies within Nassau, Duval, Clay, Putnam, and St. Johns counties, and the State Attorney’s Office for the Fourth Judicial Circuit.

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

(6) Region VI. Criminal justice agencies and Commission-certified training schools within Levy, Citrus, Hernando, Marion, and Sumter counties, and the State Attorney’s Office for the Fifth Judicial Circuit.

(a) Criminal justice agencies within Levy, Citrus, Hernando, Marion, and Sumter counties, and the State Attorney’s Office for the Fifth Judicial Circuit.

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

(7) Region VII.  Criminal justice agencies and Commission-certified training schools within Lake, Volusia, Seminole, Orange, Osceola, Brevard, and Flagler counties, and the State Attorney’s Office for the Seventh, Ninth, and Eighteenth Judicial Circuits.

(a) Criminal justice agencies within Lake, Volusia, Seminole, Orange, Osceola, Brevard, and Flagler counties, and the State Attorney’s Office for the Seventh, Ninth, and Eighteenth Judicial Circuits.

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

(8) Region VIII. Criminal justice agencies and Commission-certified training schools within Polk, Hardee, DeSoto, and Highlands counties, and the State Attorney’s Office for the Tenth Judicial Circuit.

(a) Criminal justice agencies within Polk, Hardee, DeSoto, and Highlands counties, and the State Attorney’s Office for the Tenth Judicial Circuit.

(b) Commission-certified training schools within Region VIII:  Polk State College Kenneth C. Thompson Institute of Public Safety and South Florida State College Criminal Justice Academy.

(9) Region IX. Criminal justice agencies and Commission-certified training schools within Pasco, Pinellas, Hillsborough, and Manatee counties, and the State Attorney’s Office for the Sixth and Thirteenth Judicial Circuits.

(a) Criminal justice agencies within Pasco, Pinellas, Hillsborough, and Manatee counties, and the State Attorney’s Office for the Sixth and Thirteenth Judicial Circuits.

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

(10) Region X. Criminal justice agencies and Commission-certified training schools within Charlotte, Lee, Sarasota, Collier, Glades, and Hendry counties, and the State Attorney’s Office for the Twelfth and Twentieth Judicial Circuits.

(a) Criminal justice agencies within Charlotte, Lee, Sarasota, Collier, Glades, and Hendry counties, and the State Attorney’s Office for the Twelfth and Twentieth Judicial Circuits.

(b) Commission-certified training schools within Region X: Sarasota County Technical Institute Criminal Justice Academy and Southwest Florida Public Service Academy.

(11) Region XI. Criminal justice agencies and Commission-certified training schools within Indian River, Okeechobee, St. Lucie and Martin counties, and the State Attorney’s Office for the Nineteenth Judicial Circuit.

(a) Criminal justice agencies within Indian River, Okeechobee, St. Lucie and Martin counties, and the State Attorney’s Office for the Nineteenth Judicial Circuit.

(b) Commission-certified training school within Region XI: Indian River State College Criminal Justice Institute.

(12) Region XII.  Criminal justice agencies and Commission-certified training schools within Palm Beach County and the State Attorney’s Office for the Fifteenth Judicial Circuit.

(a) Criminal justice agencies within Palm Beach County and the State Attorney’s Office for the Fifteenth Judicial Circuit.

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

(13) Region XIII.  Criminal justice agencies and Commission-certified training schools within Broward County and the State Attorney’s Office for the Seventeenth Judicial Circuit.

(a) Criminal justice agencies within Broward County and the State Attorney’s Office for the Seventeenth Judicial Circuit.

(b) Commission-certified training school within Region XIII: Broward College Institute of Public Safety and Broward County Sheriff's Office Institute for Criminal Justice Studies.

(14) Region XIV.  Criminal justice agencies and Commission-certified training schools within Monroe and Miami-Dade counties and the State Attorney’s Office for the Eleventh and Sixteenth Judicial Circuits.

(a) Criminal justice agencies within Monroe and Miami-Dade counties and the State Attorney’s Office for the Eleventh and Sixteenth Judicial Circuits.

(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 Institute, and Miami-Dade College School of Justice. 

(15) Region XV.  All state law enforcement agencies and units, and Commission-certified training schools affiliated with the state law enforcement agencies, excluding the State Attorney’s Offices, Florida Department of Corrections, Board of Regents, and the University Police Agencies.

(a) All state law enforcement agencies and units, excluding the State Attorney’s Offices, Board of Regents, and the University Police Agencies.

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

(16) Region XVI. Florida Department of Corrections and the Commission-certified training school affiliated with the Florida Department of Corrections.

(a) Florida Department of Corrections.

(b) Commission-certified training school within Region XVI:  Florida Department of 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, 3-13-13, 5-29-14, 7-29-15,               .

 

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

(1) through (2) 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) through (c) No change.

(d) Criminal justice officers and support personnel located in one region may attend training in a different region.  Each region shall make provisions in its operating budget for the reciprocal payment of training provided to officers, pursuant to Section 943.25(5)(6), F.S., and support personnel, defined in Section 943.10(11), F.S., who attend training programs offered in other training regions.  Reciprocal payment shall be limited to Commission Category II training costs and each training region's fiscal agent shall be held accountable for receipt and disbursement of the region's reciprocal funds.  Such costs shall be administered and paid by the fiscal agent charged with the responsibility for the reciprocal payment of training.

(e) No change.

(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 November 5, 2015 December 16, 2010, effective 9/2016 (effective 3/2013), 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. through 3. No change.

(f) No change.

Rulemaking Authority 943.03(4), 943.12(1), (2), 943.25(2), (4), (5) FS.  Law Implemented 943.25 FS.  History-New 11-5-02.  Amended 11-30-04, 6-3-10, 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: August 2, 2016

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