12417763, 11B-35.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 12417763

Notice of Proposed Rule

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 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.  Retires the CMS Auxiliary Basic Recruit Training Program and CMS Auxiliary Basic Recruit Training Program effective July 1, 2012.  
11B-35.001(10)(d)1.-3.:  Retires the law enforcement, correctional, and correctional probation cross-over courses numbers 1181, 1182, and 1178.  
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)(b)-(c):  Adds the new 420-hour Florida CMS Correctional Basic Recruit Training Program 1190 approved by the Commission on May 10, 2012, and deletes the last sentence of (b) to create (c) to report completed specialized training program courses.  
11B-35.001(11)(c)2.:  Retires the specialized training Laser Speed Measurement Device Transition Operators Course for the Radar Operator course 1113.  
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’s auditors.  
11B-35.001(11)(d)1.:  Clarifies that training schools shall maintain “daily” course schedules for Commission-approved courses.  
11B-35.001(11)(d)5.:  Adds a rule reference for locating the requirements for security maintenance of the State Officer Certification Examination.
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.  
11B-35.001(11)(d)9.:  Adds the procedures for “excused absences” and adds the rule reference for the definition of an excused absence.  
11B-35.001(11)(d)10.:  Adds the requirements for documentation of student makeup work and the rule reference to locate the “student makeup” work policy.  
11B-35.001(11)(d)11.:  Adds the requirements for documentation of student transfers and adds the rule reference to locate the “student transfer” policy.  
11B-35.001(11)(d)14.:  Makes grammatical revisions for clarification.  
11B-35.001(12)(c):  Adds the specific training programs allowed for competency-based instruction.  
11B-35.001(12)(c)3.:  Adds 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(12)(d)1.-4:  Transfers eLearning to new Rule 11B-35.0010, F.A.C., from Rules 
11B-35.001(12), F.A.C., and 11B-35.007(8), F.A.C.
11B-35.001(15)(b):  Adds the new 420-hour Florida CMS Correctional Basic Recruit Training Program 1190 approved by the Commission on May 10, 2012.
11B-35.001(16):  Removes training “contact hours” and replaces with training “hours” to implement eLearning.
11B-35.0010:  Creates new Rule 11B-35.0010, F.A.C., titled eLearning Instruction, to combine eLearning rule language from Rules 11B-35.001(12), F.A.C., and 11B-35.007(8), F.A.C., 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-35.0011(2):  Requires physical fitness testing and chemical agent exposure for the new 
420-hour Florida CMS Correctional Basic Recruit Training Program 1190 approved by the Commission on May 10, 2012.  
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.  Adds the new Correctional Officer Cross-Over to Florida CMS Law Enforcement Basic Recruit Training Program 1191 approved by the Commission on May 10, 2012 (The program hours increased due to the addition of the Cross-Over Handgun Transition Course (24 hours), Cross-Over Program Updates (8 hours), and Cross-Over Officer Wellness (hours vary).  
11B-35.002(1)(b)2.-4.:  Updates the cross-over basic recruit training program names for the correctional discipline.  
11B-35.002(1)(b)6., 8.:  Adds the new 156-hour Law Enforcement Officer Cross-Over Training to Florida CMS Correctional Basic Recruit Training Program 1192 approved by the Commission on May 10, 2012 and adds the program hours for course 1193.  
11B-35.002(1)(b)9.-10.:  Provides the new requirements to become a Correctional Auxiliary Officer and adds the new 420-hour Florida CMS Correctional Basic Recruit Training Program 1190 approved by the Commission on May 10, 2012.  
11B-35.002(1)(c)2.:  Reduces the hours for the Florida Correctional Probation Basic Recruit Training Program 1176 approved by the Commission in May 10, 2012, with an effective date of July 1, 2012.  
11B-35.002(1)(c)3.-5.:  Updates the cross-over basic recruit training program titles for the correctional probation discipline.  
11B-35.002(1)(c)6.:  Increases course hours for the Correctional Officer Cross-Over Training to Florida Correctional Probation Basic Recruit Training Program 1183 approved by the Commission on May 10, 2012, with an effective date of July 1, 2012.
11B-35.002(1)(c)7.:  Increases course hours for the Law Enforcement Officer Cross-Over Training to Florida Correctional Probation Basic Recruit Training Program 1184 approved by the Commission on May 10, 2012, with an effective date of July 1, 2012.  
11B-35.002(1)(c)8.:  Updates rule reference.
11B-35.002(2)(a):  Clarifies when the 4-year timeframe expires for obtaining employment to become a certified officer and includes training and test requirements.
11B-35.002(2)(b)1.-2.:  Lists the requirements for individuals to obtain certification as an officer.
11B-35.002(5)(b):  Retires the Traditional Correctional Basic Recruit Training Program 502.
11B-35.002(5)(e)1.–17.:  Removes the CJK course numbers from the Florida CMS Law Enforcement Basic Recruit Training Program 1177 to prevent rule changes when the Department of Education updates course numbers.  
11B-35.002(5)(f)1.-10.:  Removes the CJK course numbers from the Florida Correctional Probation Basic Recruit Training Program 1178 to prevent rule changes when the Department of Education updates course numbers, and removes the CMS Correctional Probation Firearms course from this program, approved by the Commission on October 27, 2011, with an effective date of July 1, 2012.
11B-35.002(5)(g)1.-12.:  Adds the new Florida CMS Correctional Basic Recruit Training Program 1190 approved by the Commission on May 10, 2012, with an effective date of July 1, 2012.  
11B-35.002(6)(d)3.:  Retires the Correctional Officer Cross-Over Training to Florida CMS Law Enforcement Basic Recruit Training Program 1178 effective June 30, 2012.  
11B-35.002(6)(d)4.:  Adds the new Correctional Officer Cross-Over Training to Florida CMS Law Enforcement Basic Recruit Training Program 1191 approved by the Commission on May 10, 2012, with an effective date of July 1, 2012.  
11B-35.002(6)(d)5.a.-o.:  Removes the CJK course numbers from the Correctional Probation Officer Cross-Over Training to Florida CMS Law Enforcement Basic Recruit Training Program 1179 to prevent rule changes when the Department of Education updates the course numbers, adds new courses and course hours, approved by the Commission on May 10, 2012, with an effective date of July 1, 2012.  
11B-35.002(6)(e)3.a.-d.:  Retires the Law Enforcement Officer Cross-Over Training to Traditional Correctional Basic Recruit Training Program 1181 approved by the Commission on May 10, 2012, with an effective date of June 30, 2012.
11B-35.002(6)(e)4.a.-i.:  Adds the new 156-hour Law Enforcement Officer Cross-Over Training to Florida CMS Correctional Basic Recruit Training Program 1192 approved by the Commission on May 10, 2012, with an effective date of July 1, 2012.
11B-35.002(6)(e)5.a.–f.:  Retires the Correctional Probation Officer Cross-Over Training to Traditional Correctional Basic Recruit Training Program 1182 approved by the Commission on May 10, 2012, with an effective date of June 30, 2012.  
11B-35.002(6)(e)6.a.–j.:  Adds the new 250-hour Correctional Probation Officer Cross-Over Training to Florida CMS Correctional Basic Recruit Training Program 1193 approved by the Commission on May 10, 2012, with an effective date of July 1, 2012.
11B-35.002(6)(f)3.a.-f.:  Removes the CJK course numbers from Law Enforcement Officer Cross-Over Training to Florida Correctional Probation Basic Recruit Training Program 1184 to prevent rule changes when the Department of Education updates the course numbers, and adds new courses and course hours approved by the Commission on May 10, 2012, with an effective date of July 1, 2012.  
11B-35.002(6)(f)4.a.-h.:  Removes the CJK course numbers from Correctional Officer Cross-Over Training to Florida Correctional Probation Basic Recruit Training Program 1183 to prevent rule changes when the Department of Education updates the course numbers, adds two new courses and course hours, and updates the program hours, approved by the Commission on May 10, 2012, with an effective date of July 1, 2012.  
11B-35.0021:  Renames 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-35.0021(1)(a)-(d) & (2):  Removes the CJK course numbers from the high-liability basic recruit training program courses to prevent rule changes when the Department of Education updates course numbers.  
11B-35.0021(1)(e):  Adds the Cross-Over Handgun Transition Course that requires demonstration of proficiency skills approved by the Commission on May 10, 2012.  
11B-35.0021(4)(a)-(c):  Adds the speed measurement and alcohol testing program instructor courses that require demonstration of proficiency skills.  
11B-35.0021(5)(a)-(b):  Adds the Speed Measurement Course 1158 and the Underwater Police Science and Technology course 077 to the Advanced Training Program Courses that require demonstration of proficiency skills.  
11B-35.0021(6):  Adds the topics of speed measurement and breath test that requires specialized instructor training certification.
11B-35.0021(7):  Lists the Commission-approved program courses that require student to instructor ratios and demonstration of proficiency skills.  
11B-35.0021(7)(a):  Adds the Cross-Over Handgun Transition Course requirements for instructor to student ratio for demonstration of proficiency skills.
11B-35.0021(7)(d):  Clarifies that instructor certification documents shall be maintained in the course file.  
11B-35.0021(7)(e):  Adds the student to instructor ratio requirements for the Speed Measurement Course.  
11B-35.0021(7)(f):  Adds the student to instructor ratio requirements for the Breath Test Instructor Course.  
11B-35.0021(7)(g):  Adds the student to instructor ratio requirements for the Breath Test Instructor Renewal Course.  
11B-35.0023(2):  Permits a student to transfer course hours to another training school, requires verification of student grades using the Commission’s ATMS Global Profile Report, and relocates rule language to create new paragraphs (a)-(c).
11B-35.0023(2)(a)–(d):  Provides the requirements for transferring basic recruit training program courses and removes obsolete rule language.
11B-35.0024:  Revises the title of Rule 11B-35.0024, F.A.C., to include Specialized and Advanced Training Program Courses.  
11B-35.0024(1):  Adds Specialized and Advanced Training Program Courses to the list of programs that require demonstration of proficiency skills.  
11B-35.0024(3):  Adds the Cross-Over Handgun Transition Course to the list of courses that require demonstration of proficiency skills.
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 skills begins 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 person to sign the form.  
11B-35.0024(3)(a)3.:  Adds the 420-hour Florida CMS Correctional Basic Recruit Training Program 1190 effective July 1, 2012, and retires the Traditional Correctional Basic Recruit Training Program 502 effective June 30, 2012.
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)(d)2.:  Revises the required firearms target 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 add a signature line for the training center director/or designee to allow either person 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)” for Run 1 through Run 5, and a “Yes” or “No” box to indicate if the student has completed the Emergency Backing Exercise.
11B-35.0024(4):  Requires demonstration of proficiency skills for the Speed Measurement and DUI Traffic Stops courses.  
11B-35.0024(4)(a):  Removes the CJK course number from the DUI Traffic Stops Basic Recruit Training Program course to prevent rule changes when the Department of Education updates course numbers.  
11B-35.0024(4)(b):  Lists the proficiency skills scores for the Speed Measurement Course 1158, updates the Speed Measurement Operator Performance Report form 
CJSTC-11 to correspond with rule changes, and adds a name and signature line for the training center director or designee to allow either person to sign the form.  
11B-35.0024(4)(d)1.-2.:  Lists the written end of course and demonstration of proficiency skills scores for completing the Breath Test Instructor course.  Creates the Breath Test Instructor Performance form CJSTC-17 to record proficiency skills for the Breath Test Instructor Course.  
11B-35.0024(4)(e)1.-2.:  Revises to list the written end of course and demonstration of proficiency skills scores for completing the Breath Test Instructor Course.  
11B-35.0024(4)(f):  Lists the written end of course and demonstration of proficiency skills scores for the Breath Test Operator 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-35.0024(4)(g):  Adds the required score for successful completion of the written end of course examination and demonstration of proficiency skills for the Breath Test Operator Renewal Course.  
11B-35.0024(4)(h):  Adds the required score for successful completion of the written end of course examination and demonstration of proficiency skills for the Agency Inspector Course.  
11B-35.0024(4)(i):  Adds the required score for successful completion of the written end of course examination and demonstration of proficiency skills for the Agency Inspector Renewal Course.  
11B-35.003(2),(2)(b),(3):  (2) Adds the requirements for becoming a Law Enforcement Auxiliary Officer or Correctional Auxiliary Officer; (2)(b) deletes redundant rule language; and (3) excludes the requirement for training schools to submit form CJSTC-67 for completion of the retired Correctional Auxiliary Office Prerequisite Course effective June 30, 2012.  
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-35.003(5):  Requires an active certificate or license to be placed in the course file for exemption from completing the CMS First Aid for Criminal Justice Officers course, and removes the CJK course numbers from basic recruit training programs to prevent rule changes when the Department of Education updates course numbers.  
11B-35.003(6)(a)1.-5., (b)-(d):  Removes CJK course numbers from the CMS Law Enforcement Auxiliary Officer Basic Recruit Training Program to prevent rule changes when the Department of Education updates course numbers.  
11B-35.003(7):  Retires the Correctional Auxiliary Officer Basic Recruit Training Program 501 approved by the Commission on October 27, 2011, with an effective date of June 30, 2012.  
11B-35.003(8):  Provides the requirements to become a Correctional Auxiliary Officer by completing the new Florida CMS Correctional Officer Basic Recruit Training Program 1190.  
11B-35.003(9):  Corrects the name of the “Florida Correctional Probation Basic Recruit Training Program,” and updates the rule reference.  
11B-35.006(1)(b):  Updates the names of Advanced Training Program Courses to correspond with the Commission’s Automated Training Management System, adds new advanced training program courses, and provides that officers who are 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-35.006(4)(a)-(b):  Relocates rule language for Advanced training program Speed Measurement Course requirements in the Advanced Training Program Rule 11B-35.006, F.A.C., 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-35.006(5):  Requires an employing agency to provide written authorization to a training school prior to reporting salary incentive credit for completion of an Advanced Training Program Course, and updates the rule reference.  
11B-35.007(3)(p):  Updates the effective date of the specialized training Speed Measurement Instructor Course.  
11B-35.007(4)and (4)(a),(g), (r), (v), (w), (y), (z) (bb), (cc), (dd):  Updates rule reference in and updates Specialized Training Program course names and course hours, and retires courses.  
11B-35.007(5):  Deletes obsolete rule language concerning the specialized training alcohol testing program courses that are exempt from eLearning.  
11B-35.007(8):  Transfers eLearning from Rule 11B-35.007(8), F.A.C., to new Rule 
11B-35.0010, F.A.C.  
11B-35.009(3)(b):  Adds the new Florida CMS Correctional Basic Recruit Training Program number 1190 and retires the Traditional Correctional Basic Recruit Training Program number 502.

SUMMARY:

Makes grammatical revisions; updates rule references; adds a topic title to the rule paragraph; removes obsolete rule language; retires and adds basic recruit and basic recruit cross-over training programs; 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; adds the new Florida CMS Correctional (BRTP) Basic Recruit Training Program; provides course completion transmittal requirements for specialized training program courses; retires specialized training program courses; clarifies requirements for student course files and course schedules; adds a rule reference for locating the State Officer Certification Examination security requirements; adds the requirements for exemption of General Instructor Certification; adds the requirements for student excused absences, makeup work, and transfer of courses; adds training programs for competency-based instruction; transfers eLearning 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.; removes training “contact hours” and replaces with training “hours” to implement eLearning; requires physical fitness testing and chemical agent exposure in the new Florida CMS Correctional BRTP; updates basic recruit training program titles, revision dates, effective dates, hours, and retirement dates for the law enforcement, correctional, and correctional disciplines; adds new cross-over basic recruit training programs; provides new requirements to become a Correctional Auxiliary Officer; clarifies when the 4-year timeframe expires to obtain employment for officer certification and lists the requirements for certification; retires the Traditional Correctional BRTP; removes CJK course numbers from Commission-approved basic recruit training program courses to eliminate the frequent changes to rules when the Department of Education revises course numbers; renames the title of Rule 11B-35.0021, F.A.C.; adds specialized, advanced, and basic recruit training courses that require demonstration of proficiency skills, and adds the student to instructor ratios; adds speed measurement and breath test to the instructor certification topics; clarifies that instructor certification documents shall be maintained in the course file; reformats rule language; revises the title of Rule 11B-35.0024, F.A.C.; requires a commercially produced B-21E or equivalent Pride Enterprises (PRIDE) target for firearms testing; adds the written end of course and demonstration of proficiency skills scores for advanced and specialized training program courses; adds the requirements for becoming a Law Enforcement or Correctional Probation Auxiliary Officer; removes redundant rule language; deletes obsolete rule language; eliminates active employment as an auxiliary officer as a certification requirement to become a criminal justice officer; requires an active certificate or license for exemption from CMS First Aid for Criminal Justice Officers certification; retires the outdated Correctional Auxiliary Officer BRTP; provides the requirements to become a Correctional Auxiliary Officer; updates and adds new Advanced Training Program Courses; adds the course requirements for officers who receive salary incentive payment for completion of the Field Training Officer Course number 051; relocates the Speed Measurement Course requirements from Rule 11B-35.006, F.A.C., to Rules 11B-35.0021 and 11B-35.0024, F.A.C.; requires an employing agency to provide written authorization to a training school for officers to complete courses for salary incentive credit; updates Specialized Training Program course names and hours, and retires courses; creates new Rule 11B-35.0010, F.A.C., titled “eLearning Instruction; Updates the following Commission 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; Speed Measurement Operator Performance Report form CJSTC-11; and eLearning Course Minimum Standards form CJSTC-18.  Creates the following Commission 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:

12/21/2012 Vol. 38/96

COMMENTS:

From 12/21/2012 To 1/11/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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