Paragraphs 11B-35.001(1)(b)-(d), F.A.C.: Renumbers the subparagraphs of Rule 11B-35.001(1), F.A.C., and implements the mandates of CS/HB 333 by adding the Special Operations Forces Training Programs as Commission-approved training programs. ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NOS.:RULE TITLES:

11B-35.001General Training Programs; Requirements and Specifications

11B-35.009Exemption from Basic Recruit Training

PURPOSE AND EFFECT: Paragraphs 11B-35.001(1)(b)-(d), F.A.C.: Renumbers the subparagraphs of Rule 11B-35.001(1), F.A.C., and implements the mandates of CS/HB 333 by adding the Special Operations Forces Training Programs as Commission-approved training programs.

Subsection 11B-35.001(3), F.A.C.: Implements the mandates of CS/HB 333 to clarify that Commission-certified instructors are required to teach the Special Operations Forces Training Programs.

Paragraph 11B-35.001(3)(b), F.A.C.: The defensive tactics curriculum was updated with different techniques which required new training for instructors.

Subsections 11B-35.001(7)-(8), F.A.C.: Implements the mandates of CS/HB 333.

Paragraph 11B-35.001(9)(a), F.A.C.: Implements the mandates of CS/HB 333.

Paragraph 11B-35.001(10)(b), F.A.C.: Implements the mandates of CS/HB 333 by adding the Special Operations Forces Training Program as a Commission-approved training program.

Paragraph 11B-35.001(10)(c), F.A.C.: Implements the mandates of CS/HB 333.

Subsection 11B-35.001(11), F.A.C.: Implements the mandates of CS/HB 333.

Paragraphs 11B-35.001(11)(a)-(b), F.A.C.: Implements the mandates of CS/HB 333.

Paragraph 11B-35.001(11)(d), F.A.C.: Implements the mandates of CS/HB 333.

Subsection 11B-35.001(12), F.A.C.: Adds the Special Operations Forces Training Program as a Commission-approved training program.

Paragraph 11B-35.001(12)(c), F.A.C.: Implements the mandates of CS/HB 333.

Sub-paragraph 11B-35.001(12)(c)2., F.A.C.: Implements the mandates of CS/HB 333.

Paragraph 11B-35.001(13)(a), F.A.C.: Implements the mandates of CS/HB 333.

Paragraph 11B-35.001(13)(b), F.A.C.: Implements the mandates of CS/HB 333.

Subsection 11B-35.001(16), F.A.C.: Implements the mandates of CS/HB 333.

Paragraph 11B-35.009(1)(h), F.A.C.: Revises the sentence structure to make the sections within this paragraph uniform.

Paragraph 11B-35.009(1)(i), F.A.C.: Implements the mandates of CS/HB 333 by adding a definition for Special Operations Forces.

Paragraph 11B-35.009(2)(c), F.A.C.: Implements the mandates of CS/HB 333 by adding Special Operations Forces service as a qualifier for an Equivalency of Training.

Subsection 11B-35.009(3), F.A.C.: Clarifies the requirements that out-of-state and federal officers must meet when requesting an Equivalency of Training; and implements the mandates of CS/HB 333.

Subsection 11B-35.009(4), F.A.C.: Implements the mandates of CS/HB 333.

Subsections 11B-35.009(5)-(11), F.A.C.: Renumbers paragraphs 11B-35.009(5)-(11), F.A.C., to implement the mandates of CS/HB 333.

Paragraphs 11B-35.009(5)(a)-(c), F.A.C.: Implements the training requirements and mandates of CS/HB 333.

Subsection 11B-35.009(6), F.A.C.: Implements the mandates of CS/HB 333 by adding the documentation requirements for Special Operations Forces and adds training center as an entity allowed to approve an Equivalency of Training. Also incorporates the revised Exemption-From-Training, form CJSTC-76, to add the training requirements for Special Operations Forces.

Subsection 11B-35.009(7), F.A.C.: Incorporates the revised Exemption-From-Training Proficiency Demonstration, form CJSTC-76A, to update the rule reference and update the instructions and allow training center directors to appoint a “designee” as an authorized signer on the form.

Subsection 11B-35.009(8), F.A.C.: Implements the mandates of CS/HB 333 by adding training requirements for Special Operations Forces.

Subsection 11B-35.009(10), F.A.C.: Implements the mandates of CS/HB 333 by defining the amount of time for a Special Operations Forces member who is exempt to gain employment.

SUMMARY: Adds the Special Operations Forces Training Programs as Commission-approved training programs; requirement for defensive tactics instructors; Equivalency of Training for Special Operations Forces; out-of-state and federal officers; documentation requirements for Special Operations Forces; revised Exemption-From-Training, form CJSTC-76; and the Exemption-From-Training Proficiency Demonstration, form CJSTC-76A.

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, 943.131(2), 943.17 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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) Throughout this rule chapter “training programs,” “courses,” “instructors,” and “training schools” refer to Commission-approved training programs, courses, instructors, and training schools.  Commission-approved Basic Recruit, Advanced, and Specialized Training Programs are intended to provide job-related training to law enforcement, correctional, and correctional probation officers.  The training programs are:

(a) No change.

(b) Special Operations Forces Training Programs that provide training for special operations forces members seeking officer certification.

(c)(b) Advanced Training Programs that maintain officer certification, enhance officer knowledge, skills, and abilities, and assist in an officer’s promotion to a higher rank.

(d)(c) Specialized Training Programs that provide for officer post-basic or in-service training that enhance an officer’s knowledge, skills, and abilities in a specific area. 

(2) No change.

(3) Instructors who teach Commission-approved Basic Recruit, Advanced, and Specialized, and Special Operations Forces Training Program Courses at a training school shall:

(a) No change.

(b) Be required to hold additional certifications for specified areas of instruction in Commission courses pursuant to Rule 11B-20.0014, F.A.C.  Commission-certified defensive tactics instructors who instruct defensive tactics courses on or after July 1, 2020, must have completed the Defensive Tactics Instructor Course, effective May 2, 2019, as a part of their initial defensive tactics instructor certification or have completed the Defensive Tactics Instructor Update Course effective April 1, 2018.

(4) through (6) No change.

(7) The Commission shall approve new and revised curricula in the CJSTC basic recruit, advanced, specialized training programs pursuant to Section 943.17, F.S., and the Special Operations Forces Training Program, pursuant to Section 943.131(3), F.S.

(8) The Commission shall publish on the Active CJSTC Curricula web page the official list of approved and active Commission courses and programs for Basic Recruit, Advanced, and Specialized, and the Special Operations Forces Training Programs.  The Active CJSTC Curricula web page can be accessed at the following FDLE Internet address:  http://www.fdle.state.fl.us/CJSTC/Curriculum/Active-Courses.aspx.

(9) Maintenance of training curricula.

(a) Training curricula shall be maintained for Commission approved Basic Recruit, Advanced, and Specialized, and the Special Operations Forces Training Programs within the Florida Department of Law Enforcement.

(b) through (d) No change.

(10) Student academic performance in courses. 

(a) No change.

(b) The terms “successfully completed” and “successfully complete” are denoted with a “Pass” on the completed Training Report form CJSTC-67 and are defined as follows:  A student enrolled in a Commission-approved Basic Recruit Training Program or a Special Operations Forces Training Program shall achieve a score of no less than 80% on each of the written end-of-course examinations, exclusive of demonstration of proficiency skills in the Basic Recruit Training Courses.  A student enrolled in a Commission-approved Advanced or Specialized Training Program Course pursuant to paragraph (10)(d) of this rule section shall achieve a score of no less than 80% on the written end-of-course examination.  A student enrolled in a Specialized Instructor Training Course shall achieve a score of no less than 85% on the written end-of-course examination, exclusive of demonstration of any proficiency skills. 

(c) The training center director or designee is responsible for the development, maintenance, and administration of comprehensive end-of-course examinations.  The training center director or designee is authorized to develop, maintain, and administer additional academic tests for courses and is not limited to only the utilization of a comprehensive end-of-course examination.  Training schools shall maintain examinations for Commission-approved Basic Recruit, Special Operations Forces, Advanced, Specialized Instructor Training, and Specialized Training Program Courses, pursuant to paragraph (10)(d) of this rule section and in compliance with the administration, confidentiality, and security requirements of subsections 11B-35.0085(2)-(5), F.A.C. 

(d) No change.

(e) End-of-course examinations shall be developed and administered for each course in a basic recruit training program and the Special Operations Forces Training Programs based on the learning objectives in each course, with the exception of the physical fitness and officer wellness courses, and proficiency demonstration courses, pursuant to Rule 11B-35.009(8), F.A.C.

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

(a) The training center director or designee shall determine the beginning and ending dates of each Basic Recruit Training Program and Special Operations Forces Training Program, and within thirty days following the class starting date shall forward a Training Report, form CJSTC-67, revised November 5, 2015, effective 9/2016, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-07376, to Commission staff through the Commission’s Automated Training Management System (ATMS).  Form CJSTC-67 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]. 

(b) Following the completion of a Commission-approved Basic Recruit Training Program, Advanced Training Program Course, Special Operations Forces Training Program, or 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) No change.

(d) The training center director or designee shall ensure that the records for Commission-approved Basic Recruit, Advanced, and 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 16. No change.

(12) Student attendance requirements for Commission-approved Basic Recruit Training Programs outlined in subsection 11B-35.002, F.A.C., Specialized Training Programs outlined in subsection 11B-35.007(1), F.A.C., and Advanced Training Program Courses outlined in paragraph 11B-35.006(1), F.A.C., and the Special Operations Forces Training Program outlined in subsection 11B-35.009, F.A.C.

(a) through (b) No change.

(c) Competency-Based Instruction.  The Commission approves competency-based instruction in the delivery of basic recruit training programs, specialized training program courses, specialized instructor training courses, the Special Operations Forces Training Program, and courses created from specialized goals and objectives, defined in subparagraph (12)(c)1., of this rule section. 

1. No change.

2. Training schools are permitted to use competency-based instruction for courses within the basic recruit training programs except for the physical fitness and officer wellness courses and within the Special Operations Forces Training Program. The delivery of basic recruit training programs and the Special Operations Forces Training Program shall adhere to total program hours. 

3. No change.

(13)Student Re-examination Policy for Commission-approved Basic Recruit Training Program Courses. 

(a) A student shall achieve a passing score, pursuant to subsection 11B-35.001(10), F.A.C., on all end-of-course examinations in a Commission-approved Basic Recruit Training Program or a Special Operations Forces Training Program to successfully complete a program.  A student who has failed a written end-of-course examination may be granted a re-examination by the training center director if:

1. through 3. No change.

(b) Exclusive of the Commission’s Basic Recruit Training Courses or the Special Operations Forces Training Program courses requiring proficiency demonstration and re-examinations in paragraph (13)(a) of this rule section, a student may be granted one written end-of-course re-examination during a single Basic Recruit Training Program or Special Operations Forces Training Program. Students, who have failed the written end-of-course examination after a second attempt, shall be deemed to have failed the course.

(c) No change.

(14) through (15) No change.

(16) Proof of course completion.  A training school shall, within thirty days following the completion of a Commission-approved Basic Recruit, Advanced, or Specialized, or Special Operations Forces Training Program Course, provide to a student who has successfully completed the program, a certificate, which shall contain at a minimum, the name of the training school, the student’s name, the dates of the program or course, the number of program or course hours, the title of the Basic Recruit, Advanced, or Specialized, or Special Operations Forces Training Program Course, and the current training center director’s signature.  Basic Recruit Training Completion Certificates shall contain the Curriculum Version Number for the course taught.  The training school shall provide a certificate to a student who has successfully completed a Commission-approved Basic Recruit Training Program, and the student shall be required to pass the State Officer Certification Examination.

(17) 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, ________.

 

11B-35.009 Exemption from Basic Recruit Training.

(1) Definitions.  For the purpose of this rule section, the following definitions shall apply:

(a) through (g) No change.

(h) Pursuant to Section 943.1395(3), F.S., and subsection 11B-27.00212(11), F.A.C., an “Inactive Florida Officer” means an individual who has met the certification and employment requirements of Section 943.13, F.S., and has not been employed as an officer in the discipline for which the individual was a Florida certified officer for a period of four to eight years.

(i) “Special Operations Forces” means those active and reserve component forces of the military services designated by the Secretary of Defense and specifically organized, trained, and equipped to conduct and support special operations.  The term includes, but is not limited to, service members of the United States Army Special Forces and the United States Army 75th Ranger Regiment; the United States Navy SEALs and Special Warfare Combatant-Craft Crewmen; the United States Air Force Combat Control; Pararescue, and Tactical Air Control Party specialists; the United States Marine Corps Critical Skills Operators; and any other component of the United States Special Operations Command approved by the Commission.

(2) An individual who applies for certification as a Florida officer shall qualify for exemption from completing a Commission-approved Basic Recruit Training Program if the applicant has:

(a) through (b) No change.

(c) Prior service as a special operations forces member for a minimum of five years with no more than a four- year break in service which is measured from the separation date of the most recent qualifying special operations forces service to the time a complete application is submitted for an exemption under this rule section.

(3) Out-of-state or federal officers For individuals who request an exemption from a Commission-approved Basic Recruit Training Program, the employing agency, training center, or Criminal Justice Selection Center shall:

(a) through (e) No change.

(4) Inactive Florida officers who have been separated from employment for a period of four to eight years, may apply for exemption from re-taking the Basic Recruit Training Program for which the officer has been previously certified as a sworn officer.  There shall be no more than an eight-year break in employment, which is measured from the separation date of the most recent qualifying employment to the time a complete application is submitted, for an exemption under this rule section.  The employing agency, training center, or Criminal Justice Selection Center shall verify that the applicant has:

(a) through (b) No change.

(5) Special operations forces members who served in special operations forces for at least five years and have not been separated from special operations forces for more than four years as measured from the separation date from the special operations forces to the time a complete application for an exemption is received under this Rule section.  The employing agency, training center, or Criminal Justice Selection Center shall:

(a) Verify that the applicant has served at least five years in special operations forces; and

(b) Verify that the applicant has not been separated from special operations forces for more than four years; and

(c) Document the specific training and experience the applicant received during his or her special operations forces service.

(6)(5) Documentation requirements for out-of-state, federal, and inactive Florida Officers and special operations forces members.  Upon verification of an individual’s request for exemption of training, pursuant to this rule section, an employing agency, training center, or Criminal Justice Selection Center shall submit to Commission staff a completed Exemption-From-Training, form CJSTC-76, 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-09675, for out-of-state, federal, and inactive Florida Officers and special operations forces members. Form CJSTC-76 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/cms/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at [phone]. Supporting documentation verifying the individual’s compliance as a special operations forces member or with comparable basic recruit training and sworn criminal justice experience pursuant to this rule section shall be maintained on file by the employing agency, training center, or Criminal Justice Selection Center and submitted to Commission staff for review upon request.  The agency shall be notified of the approval or denial of the requested exemption of certification in writing within 30 working days.  Any appeal of denial of exemption is governed by Section 120.57, F.S.

(7)(6) High-Liability Basic Recruit Training proficiency skills requirements for out-of-state, federal, or inactive Florida officers.  Prior to applying for certification, an out-of-state or federal officer, or inactive Florida officer, who is exempt from completing a Commission-approved Basic Recruit Training Program, pursuant to Section 943.131(2), F.S., shall demonstrate proficiency in the required High-Liability Basic Recruit Training Proficiency Skills of vehicle operations, firearms, defensive tactics, and first aid, pursuant to Rule 11B-35.0024, F.A.C., for the discipline for which certification is sought.  Such officers shall achieve a passing score on the State Officer Certification Examination, pursuant to Rule 11B-30.0062, F.A.C., and paragraph 11B-30.008, F.A.C.  Demonstration of proficiency in the required High-Liability Basic Recruit Training Proficiency Skills and passing the State Officer Certification Examination shall be completed within one year after notification of approval of the Exemption-From-Training form CJSTC-76.  Individuals who do not complete the required demonstration of proficiency in the High-Liability Basic Recruit Training Proficiency Skills and achieve a passing score on the State Officer Certification Examination within one year, are permitted to apply for another exemption from training, pursuant to Section 943.131(2), F.S., provided they meet the eligibility requirements outlined in Section 943.131(2), F.S.  Upon demonstration of proficiency in the required High-Liability Basic Recruit Training Proficiency Skills, the training school shall complete an Exemption-From-Training Proficiency Demonstration, form CJSTC-76A, revised ________, effective _______ August 10, 2017, effective 8/2018, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-____ https://www.flrules.org/Gateway/reference.asp?No=Ref-09677, and provide a copy to the officer of form CJSTC-76A. Form CJSTC-76A 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]. The training center director or designee shall, within thirty days of course completion, electronically transmit a completed Training Report form CJSTC-67 through the Commission’s ATMS, or submit an updated form CJSTC-67.

(8) Training requirements for special forces operations members.  Prior to applying for certification as a law enforcement, corrections, or correctional probation officer, a special forces operations member who is exempt from completing a Commission-approved Basic Recruit Training Program, pursuant to Section 943.131(2), F.S., shall complete the Commission-approved Special Operations Forces Training Program for the discipline for which certification is sought and demonstrate proficiency in the required High-Liability Basic Recruit Training Proficiency Skills of firearms, defensive tactics, and first aid, pursuant to Rule 11B-35.0024, F.A.C., at a Commission-certified training center.  Such individuals shall achieve a passing score on the State Officer Certification Examination, pursuant to Rules 11B-30.0062, F.A.C., and 11B-30.008, F.A.C.  Completion of the Special Operations Forces Training Program, demonstration of proficiency in the required High-Liability Basic Recruit Training Proficiency Skills, and passing the State Officer Certification Examination shall be completed within one year after notification of approval of the Exemption-From-Training form CJSTC-76.  Individuals who do not complete the Special Operations Forces Training Program, the required demonstration of proficiency in the High-Liability Basic Recruit Training Proficiency Skills, and achieve a passing score on the State Officer Certification Examination within one year, are permitted to apply for another exemption from training, pursuant to Section 943.131(2), F.S., provided they meet the eligibility requirements outlined in Section 943.131(2), F.S.  Upon demonstration of proficiency in the required High-Liability Basic Recruit Training Proficiency Skills, the training school shall complete an Exemption-From-Training Proficiency Demonstration, form CJSTC-76A, and provide a copy to the officer of form CJSTC-76A.  The training center director or designee shall, within thirty days of program completion, electronically transmit a completed Training Report form CJSTC-67 through the Commission’s ATMS, or submit an updated form CJSTC-67.

(9)(7) Regardless of the number of exemptions from training an individual receives, the individual shall not take the State Officer Certification Examination more than three times without enrolling in and completing a Commission-approved Basic Recruit Training Program pursuant to Section 943.1397(2), F.S.

(10)(8) Individuals, who have qualified for an exemption from a Commission-approved Basic Recruit Training Program, pursuant to this rule section, shall become employed within four years from the earlier of the beginning date of the required proficiency demonstration as entered on the Training Report form CJSTC-67 or the beginning date of the Special Operations Forces Training Program.

(11)(9) Individuals applying for exemption from a Commission-approved Basic Recruit Training Program, outlined in this rule section, shall not engage in conduct that subverts or attempts to subvert the State Officer Examination process pursuant to Rule 11B-30.009, F.A.C.

Rulemaking Authority 943.03(4), 943.12(1), (2) FS.  Law Implemented 943.131(2) FS.  History–New 1-2-97, Amended 7-7-99, 11-5-02, 11-30-04, 3-27-06, 3-21-07, 6-9-08, 5-21-12, 3-13-13, 5-29-14, 7-29-15, 9-4-16, 7-19-17, 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: February 26, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 30, 2018