12299326, 11B-35.001 - Florida Administrative Rules, Law, Code, Register

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Notice: 12299326

Notice of Development of Rulemaking

Department:

DEPARTMENT OF LAW ENFORCEMENT

Division:

Criminal Justice Standards and Training Commission

Chapter:

TRAINING PROGRAMS

Overview

RULE:

11B-35.001	General Training Programs; Requirements and Specifications
11B-35.0010	eLearning Instruction
11B-35.0011	Basic Abilities Test Requirements for Applicant Admission into a Law Enforcement and Correctional Basic Recruit Training Program
11B-35.002	Basic Recruit Training Programs for Law Enforcement, Correctional, and Correctional Probation
11B-35.0021	Courses and Requirements for Basic Recruit Training, Advanced, Specialized and Instructor Training Requiring Proficiency Demonstration
11B-35.0023	Student Transfers within Basic Recruit Training Programs
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.
11B-35.003	Basic Recruit Training Programs for Law Enforcement, Correctional, and Correctional Probation Auxiliary Training
11B-35.006	Advanced Training Program
11B-35.007	Specialized Training Program
11B-35.009	Exemption from Basic Recruit Training

PURPOSE:

11B-35.001(1)(c):  Makes grammatical revisions in to clarify the sentence regarding post basic and in-service training; 
11B-35.001(9)(b):  Adds a topic title to the rule paragraph for the definition of “successful completion of a course,” and updates the rule reference; 
11B-35.001(10)(b)2., 4.:  Removes obsolete rule language; 
11B-35.001(11)(d)5.:  Adds the rule reference for locating the security requirements for the State Officer Certification Examination; 
11B-35.001(11)(d)9.:  Adds the procedures for student excused absences and adds the rule reference for the definition of student excused absences; 
11B-35.001(11)(d)10 – 11.:  Adds the requirements for documenting student makeup work, transfer of student courses to another training school, and the rule reference to locate the policy for student makeup work and transfer of student courses; 
11B-35.001(12)(c):  Adds the specific training programs allowed for competency-based instruction; 
11B-35.001(12)(c)3.:  Adds the reference to Rule 11B-35.0010, F.A.C., for eLearning instruction for specialized training program courses, specialized instructor courses, and specialized goals and objectives; 
11B-35.001(11)(b), (c):  Adds the new Florida CMS Correctional Basic Recruit Training Program (BRTP) and deletes the last sentence of the paragraph to create a new paragraph for reporting completed specialized training program courses; 
11B-35.002:  Adds the new Law Enforcement Officer Cross-Over Training to Florida CMS Correctional BRTP, the new Correctional Probation Officer Cross-Over Training to Florida CMS Correctional BRTP, the new Correctional Officer Cross-Over Training to Florida CMS Law Enforcement BRTP, the new Florida CMS Correctional BRTP, and retires the Traditional Correctional BRTP; 
11B-35.002(1)(c)7.:  Increases the program hours for the Law Enforcement Officer Cross-Over Training to Florida Correctional Probation BRTP; 
11B-35.0021(7):  Adds the high-liability basic recruit, advanced, and specialized training program courses that require student to instructor ratios and demonstration of proficiency skills; 
11B-35.0024(4):  Adds the written end of course and demonstration of proficiency skills scores for completing the Breath Test Instructor course, Breath Test Operator Course, and Breath Test Operator Renewal Course, Agency Inspector Renewal Course; 
11B-35.0021(6):  Adds the topics of speed measurement and breath test that requires a specialized instructor training certification; 
11B-35.0021:  Adds the student to instructor ratio requirements for the Cross-Over Handgun Transition Course, Speed Measurement Course, Breath Test Instructor Course, and the Breath Test Instructor Renewal Course; 
11B-35.003(2),(2)(b),(3):  Adds the requirements for becoming a Law Enforcement or Correctional Auxiliary Officer, removes redundant rule language, and excludes the requirement for training schools to submit form CJSTC-67 for completion of the retired Correctional Auxiliary Office Prerequisite Course; 
11B-35.0023(2):  Clarifies that a student is permitted to transfer course hours to another training school, requires verification of student grades using the ATMS Global Profile Report, and moves rule language to create new paragraphs; 
11B-35.001(11)(a):  Clarifies that the training center director or designee shall determine the beginning and ending dates of each basic recruit training program, within, 30 days following the class starting date and shall notify Commission staff; 
11B-35.001(11)(d):  Clarifies that training schools shall maintain Commission-approved course documents in the student’s course file for review by the Commission staff.  11B-35.001(11)(d)1.:  Clarifies that training schools shall maintain “daily” course schedules for Commission-approved courses; 
11B-35.002(2)(a):  Clarifies when the 4-year timeframe expires for obtaining employment to become a certified officer and includes the required training and testing process; 
11B-35.0021(7)(d):  Clarifies that instructor certification documents shall be maintained in the course file.  
11B-35.003(9):  Corrects the title of the “Florida Correctional Probation BRTP; 
11B-35.0024(4)(e)1.-2.:  Creates the Breath Test Instructor Performance form CJSTC-17 to record proficiency skills for the Breath Test Instructor Course; 
11B-35.0024(4)(f):  Creates the Breath Testing Course Performance form CJSTC-14 to record demonstration of proficiency skills for the Breath Test Course; 
11B-35.001(12)(d)1.-4:  Transfers eLearning rule language from Rules 11B-35.001(12), F.A.C., and 11B-35.007(8), F.A.C., to new Rule 11B-35.0010, F.A.C., titled eLearning Instruction, for Commission-approved Specialized Training Program Courses and Specialized Instructor Courses, and courses created from Specialized Goals and Objectives; 
11B-35.0010(4)(b):  Updates the eLearning Course Minimum Standards form CJSTC-18 to include specialized program courses, specialized instructor courses, and courses created from Specialized Goals and Objectives.  
11B-35.007(5):  Deletes obsolete rule language concerning the specialized training alcohol testing program courses exempt from eLearning; 
11B-35.001(16):  Removes training “contact hours” and replaces with training “hours” for the implementation of eLearning; 
11B-35.003(4):  Excludes active employment as an auxiliary officer as a certification requirement to become a law enforcement, correctional, or correctional probation officer; 
11B-35.006(4)(a)-(b):  Relocates rule from the Advanced Training Program Rule 11B-35.006(4), F.A.C., for the Speed Measurement Course requirements, to Rules 11B-35.0021(7)(e), F.A.C. and 11B-35.0024(4)(b), F.A.C., to list the instructor to student ratio and instruction of proficiency skills; 
11B-35.002(5)(f)1.-10.:  Removes the CMS Correctional Probation Firearms course from the Florida Correctional Probation BRTP; 
11B-35.002:  Removes the CJK course numbers from basic recruit training programs to eliminate rule changes when the Department of Education updates course numbers; 
11B-35.001(11)(d)8.:  Requires a copy of the ATMS Global Profile Report or Instructor Exemption form CJSTC-82 in the instructor’s course file to be exempt from General Instructor Certification or requires; 
11B-35.0011(2):  Requires physical fitness testing and chemical agent exposure in the new Florida CMS Correctional BRTP; 
11B-35.0024(4):  Requires demonstration of proficiency skills for Speed Measurement and DUI Traffic Stops courses; 
11B-35.006(5):  Requires an employing agency to provide written authorization to a training school for officers to complete Advanced Training Program Courses for salary incentive credit, and updates the rule reference; 
11B-35.002(2)(b)1.-2.:  Adds the requirements for individuals to obtain certification as an officer; 
11B-35.003(5):  Requires an active certificate or license to be placed in the student’s course file for exemption from completing the CMS First Aid for Criminal Justice Officers course; 
11B-35.002(1)(b)9.-10.:  Adds the requirements for becoming a Correctional Auxiliary Officer by completing the new Florida CMS Correctional Officer BRTP; 
11B-35.001:  Retires the specialized training Laser Speed Measurement Device Transition Operators Course for the Radar Operator, the Traditional Correctional BRTP Correctional Officer Cross-Over Training to Florida CMS Law Enforcement BRTP, the Law Enforcement Officer Cross-Over Training to Traditional Correctional BRTP, the Correctional Probation Officer Cross-Over Training to Traditional Correctional BRTP, and the Correctional Auxiliary Officer BRTP; 
11B-35.0024:  Revises the title of Rule 11B-35.0024, F.A.C., to include the Specialized and Advanced Training Program Courses; 
11B-35.0021:  Revises the title of Rule 11B-35.0021, F.A.C., to include course requirements and demonstration of proficiency skills for Advanced Training Program Courses; 
11B-35.0024(3)(d)2.:  Requires a commercially produced B-21E or equivalent Pride Enterprises (PRIDE) target for demonstration of firearms proficiency skills; 
11B-35.002(1)(a)4.-12.:  Updates the basic recruit training program titles, revision dates, program effective dates, hours, and retirement dates for the law enforcement discipline; 
11B-35.002(1)(b)2.-4.:  Updates the cross-over basic recruit training program titles for the correctional and correctional probation discipline; 
11B-35.002(1)(c)8.:  Updates rule references; 
11B-35.0024(4)(b):  Updates the Speed Measurement Operator Performance Report form CJSTC-11 to correspond with the new rule changes and adds a name and signature line for the training center director or designee; 
11B-35.0024(3)(a)2.:  Updates the Defensive Tactics Performance form CJSTC-6 CMS to require Flexible Leg Restraints, requires that once demonstration of proficiency skill has begun no additional training assistance or practice is allowed, removes the Lead Instructor’s Printed name and signature, and adds training center director/or designee to allow either the director or designee to sign the form; 
11B-35.0024(3)(c)2.:  Updates the CMS Firearms Performance Evaluation form CJSTC-4 CMS to require a commercially produced B-21E or equivalent Pride Enterprises (PRIDE) target for demonstration of firearms proficiency skills; 
11B-35.0024(3)(e)2.:  Updates the First Aid Performance Evaluation form CJSTC-5 CMS to remove the Lead Instructor’s Printed name and signature line and adds training center director/or designee to allow to allow either the director or designee to sign the form; 
11B-35.0024(3)(g)2.:  Updates the CMS Vehicle Operations Evaluation form CJSTC-7 CMS to remove the “Emergency Backing (Demo Only)” and adds a “Yes” or “No” box to indicate if the student has completed the Emergency Backing Exercise; 
11B-35.006(1)(b):  Updates the names of Advanced Training Program Courses to correspond with the Commission’s ATMS data base and adds new advanced training program courses; 
11B-35.006(1)(b):  Requires that officers currently receiving salary incentive payment for completion of the Field Training Officer Course number 051 are not eligible to receive additional salary incentive credit for course numbers 809, 1100, or 1188; 
11B-35.007(3)(p):  Updates the effective date of the specialized training Speed Measurement Instructor Course; 
11B-35.007(4)(f):  Updates Specialized Training Program course titles and course hours, and retires courses.

SUBJECT:

Clarification of rules; changes to rule format; new and retired basic recruit training programs; new and retired basic recruit cross-over training programs; new and retired basic recruit training program courses; course numbers; course hours; course schedules; course documents; security of examinations; ATMS Global Profile Report; student excused absences, makeup work, and student transfer of course hours; competency-based instruction; eLearning instruction for Commission-approved specialized and specialized instructor courses; implementation of eLearning; physical fitness and chemical agent exposure; correctional auxiliary officer certification requirements; housekeeping; updated rule references; officer certification requirements; rule title changes; demonstration of proficiency skills for new and existing courses; instructor to student ratios for new and existing courses; required maintenance of student and instructor documentation; firearms target requirements; law enforcement, correctional, and correctional probation auxiliary officer basic recruit training; CMS First Aid for Criminal Justice Officers course document requirements; specialized and advanced training program courses; deletes obsolete rule language; and salary incentive credit.  Revised forms:  Defensive Tactics Performance form CJSTC-6 CMS, CMS Firearms Performance Evaluation form CJSTC-4 CMS,  First Aid Performance Evaluation form CJSTC-5 CMS, CMS Vehicle Operations Evaluation form CJSTC-7 CMS and  eLearning Course Minimum Standards form CJSTC-18.  New forms:  Breath Test Instructor Performance form CJSTC-17 and Breath Testing Course Performance form CJSTC-14.

RULEMAKING AUTHORITY:

943.03(4), 943.12(1)(2), 943.14(3), 943.17 FS.

LAW:

943.12, 943.12(5), 943.131(2), 943.17, 943.17(1), 943.17(1)(a), 943.175, 943.25 FS.

PRINT PUBLISH DATE:

11/20/2012 Vol. 38/75

RELATED STATUTES
AND LAWS:

943.03(4), 943.12(1)(2), 943.14(3), 943.17 FS., 943.12, 943.12(5), 943.131(2), 943.17, 943.17(1), 943.17(1)(a), 943.175, 943.25 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=11B-35.001&PDate=11/20/2012&Section=1

REFERENCE MATERIALS:

No reference(s).

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