15904428, 11B-35.001 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 15904428

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-35.002	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-35.0024	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-35.007	Specialized Training Program
11B-35.009	Exemption from Basic Recruit Training

PURPOSE:

11B-35.001(6)(a):  Repeals Rule 11B-35.001(6) and (6)(a) because the rule duplicates Rule 11B-35.001(5) regarding paper copies of the curriculum for students enrolled in a basic recruit training program.
11B-35.001(6)-(15):  Revises the paragraph numbering of Rule 11B-35.001(6)-(15) because paragraph 
11B-35.001(6) and (6)(a) were repealed.
11B-35.001(6)(b)-(d):  Removes word “Specified” to describe the Specialized Training Program Course and updates the paragraph reference.
11B-35.001(8)(d)1.:  Removes the Canine Team Training Course number 1112 from the list of Specialized Instructor Training courses because the course number 1112 retired, effective November 16, 2013.
11B-35.001(8)(d)2.:  Removes the Laser Speed Measurement Device Transition Operators Course for Radar Operators number 1113 from the list of Specialized Instructor Training courses, effective December 31, 2008.
11B-35.001(8)(d)2.-12.:  Revises the paragraph numbering of Rule 11B-35.001(8)(d)2.-12., because paragraph number 2 was removed.
11B-35.001(8)(d)13.:  Includes the 16-hour Safe Handling of Firearms course number 2007 to the list of Specialized Training Program courses that require an end-of-course examination to provide training for the safe handling of firearms.
11B-35.001(8)(d)14.:  Includes the 40-hour District Courts of Appeal Marshal Minimum Standards Training Program course number 2008 to the list of Specialized Training Program courses requiring an end-of-course examination to provide training for the marshals in district courts of appeal.
11B-35.001(8)(e):  Includes language to exempt students from taking a written end-of-course examination for the physical fitness and officer wellness courses in the basic recruit training programs.
11B-35.001(10)(a):  Updates the Training Report, form CJSTC-67, to conform with the renumbering of subsections to Rule 11B-35.001(6)-(15).
11B-35.001(10)(b):  Incorporates the revised Academy Physical Fitness Standards Report, form CJSTC-67A, to conform with the renumbering of subsections to Rule 11B-35.001(6)-(15).
11B-35.001(10)(b):  Adds the new Florida Law Enforcement Academy Basic Recruit Training Program to replace the Traditional Correctional Basic Recruit Training Program.
11B-35.001(10)(d)8.:  Incorporates the revised Instructor Exemption, form CJSTC-82, to conform with the renumbering of subsections to Rule 11B-35.001(6)-(15).
11B-35.001(10)(d)13.:  Revises the paragraph subsection reference by changing from 11B-35.001(15) to 
11B-35.001(14), F.A.C., because of the renumbering of Rule 11B-35.001(6)-(15).
11B-35.001(10)(d)14.:  Updates the paragraph subsection reference, revises the Physical Fitness Assessment, form CJSTC-75B to include language to require students to receive a physical examination and complete the Physical Fitness Assessment form CJSTC-75B prior to beginning a Basic Recruit Training Program.
11B-35.001(11)(c)2.:  Provides a generic reference to physical fitness and officer wellness courses to minimize future rule changes; and exempts the physical fitness and officer wellness courses from being competency-based.
11B-35.001(12)(b):  Changes the paragraph reference number because of the paragraph numbering and repealed paragraphs 11B-35.001(6) and (6)(a).
11B-35.001(13):  Changes the paragraph reference number because of the paragraph numbering and repealed paragraphs 11B-35.001(6) and (6)(a).
11B-35.001(14)(b):  Removes the specific designation of “CMS Law Enforcement, Florida CMS Correctional, and Florida Correctional Probation” and retains the wording of “Basic Recruit Training Programs” to reduce future rule revisions.
11B-35.001(14)(c):  Clarifies that cross-over students have already participated in physical fitness training in a previous basic recruit training program and adds language to advise that physical fitness tests are not required for Cross-over or Auxiliary Basic Recruit Training Programs.
11B-35.002(1)(a)7.:  Retires the obsolete Correctional Officer Cross-Over Training to Florida CMS Law Enforcement Academy Basic Recruit Training Program number 1191, effective June 30, 2014, and replaces with the new Correctional Officer Cross-Over Training to Florida Law Enforcement Academy Basic Recruit Training Program number 2003, effective July 1, 2014.  
11B-35.002(1)(a)10.:  Retires the obsolete Correctional Probation Officer Cross-Over Training to Florida CMS Law Enforcement Basic Recruit Training Program number 1179, effective June 30, 2014, and replaces with the new Correctional Probation Officer Cross-Over Training to Florida Law Enforcement Academy Basic Recruit Training Program number 2004, effective July 1, 2014.
11B-35.002(1)(a)14.:  Adds the new Correctional Officer Cross-Over Training to Florida Law Enforcement Academy Basic Recruit Training Program number 2003, effective July 1, 2014, to replace the June 30, 2014 retired Correctional Officer Cross-Over Training to Florida CMS Law Enforcement Academy Basic Recruit Training Program number 1191.
11B-35.002(1)(a)15.:  Adds the new Correctional Probation Officer Cross-Over Training to Florida Law Enforcement Academy Basic Recruit Training Program number 2004, effective July 1, 2014, to replace the June 30, 2014 retired Correctional Probation Officer Cross-Over Training to Florida CMS Law Enforcement Basic Recruit Training Program number 1179.
11B-35.002(1)(b)6.:  Retires the obsolete Law Enforcement Officer Cross-Over Training to Florida CMS Correctional Basic Recruit Training Program number 1192, effective June 30, 2014, and replaces with the new Law Enforcement Officer Cross-Over Training to Florida CMS Correctional Basic Recruit Training Program number 2005, effective July 1, 2014.
11B-35.002(1)(b)11.:  Adds the new Law Enforcement Officer Cross-Over Training to Florida CMS Correctional Basic Recruit Training Program number 2005, effective July 1, 2014, to replace the June 30, 2014 retired Law Enforcement Officer Cross-Over Training to Florida CMS Correctional Basic Recruit Training Program number 1192.
11B-35.002(1)(c)7.:  Retires the obsolete Law Enforcement Officer Cross-Over Training to Florida Correctional Probation Basic Recruit Training Program number 1184 because it is no longer used in the curriculum, effective June 30, 2014.
11B-35.002(2)(b):  Makes grammatical change by replacing “has not complied” with “fails to comply”.
11B-35.002(6)(d)4.:  Adds the new Correctional Officer Cross-Over Training to Florida Law Enforcement Academy number 2003, effective July 1, 2014, to replace the June 30, 2014 retired Correctional Officer Cross-Over Training to Florida CMS Law Enforcement Basic Recruit Training Program number 1191.  
11B-35.002(6)(d)5.:  Retires the obsolete Correctional Officer Cross-Over Training to Florida CMS Law Enforcement Basic Recruit Training Program number 1191, effective June 30, 2014, and replaces with the new Correctional Officer Cross-Over Training to Florida Law Enforcement Academy Basic Recruit Training Program number 2003, effective July 1, 2014.
11B-35.002(6)(d)6.:  Adds the new Correctional Probation Officer Cross-Over Training to Florida Law Enforcement Academy number 2004, effective July 1, 2014, to replace the June 30, 2014 retired Correctional Probation Officer Cross-Over Training to Florida CMS Law Enforcement Basic Recruit Training Program number 1179.
11B-35.002(6)(d)7.:  Retires the obsolete Correctional Probation Officer Cross-Over Training to Florida CMS Law Enforcement Basic Recruit Training Program number 1179, effective June 30, 2014, and replaces with the new Correctional Probation Officer Cross-Over Training to Florida Law Enforcement Academy Basic Recruit Training Program number 2004, effective July 1, 2014.
11B-35.002(6)(e)4.:  Adds the new Law Enforcement Officer Cross-Over Training to Florida CMS Correctional Basic Recruit Training Program number 2005, effective July 1, 2014, to replace the June 30, 2014 retired Law Enforcement Officer Cross-Over Training to Florida CMS Correctional Basic Recruit Training Program number 1192.
11B-35.002(6)(e)5.:  Retires the obsolete Law Enforcement Officer Cross-Over Training to Florida CMS Correctional Basic Recruit Training Program number 1192, effective June 30, 2014, and replaces with the new Law Enforcement Officer Cross-Over Training to Florida CMS Correctional Basic Recruit Training Program number 1192, effective July 1, 2014.
11B-35.0021(6)(a)-(b):  Adds the new Safe Handling of Firearms course number 2007 to the list of courses requiring demonstration of proficiency skills.
11B-35.0021(8)(a):  Adds the new Safe Handling of Firearms course number 2007 as a Specialized Training Program Course that requires no more than six students actively engaged on a firearms range for each Commission-certified firearms instructor.
11B-35.0021(8)(d):  Clarifies that CPR instructors who possess an active CPR instructor certification from the American Heart Association (AHA), American Red Cross (ARC), American Safety & Health Institute (ASHI), or other an entity referenced in Rule 64J-1.022, F.A.C., are permitted to instruct CPR in the CMS First Aid for Criminal Justice Officers Course.  The CPR instructor certification may be used to meet the required instructor to student ratio for demonstration of CPR proficiency skills only in the CMS First Aid for Criminal Justice Officers Course.
11B-35.0021(8)(h):  Clarifies the instructor to student ratio for instruction of the Underwater Police Science and Technology course number 077, from three to two qualified safety divers per instructor, for the use of qualified safety divers to clarify the use of qualified safety divers and the separation between student and instructor.
11B-35.0021(8)(i):  Clarifies that the reference to “canine team patrol” is no longer used in the Canine Team Training Course number 1198.
11B-35.0021(8)(j):  Clarifies that an individual who is allowed to assist instructors with canine practical exercises must be approved by the training center director or designee; and the individual shall not be included as an instructor to comply with the instructor to student ratio requirements.
11B-35.0024(3):  Adds the new Safe Handling of Firearms course number 2007 as a Specialized Training Program Course that requires demonstration of proficiency skills.
11B-35.0024(3)(a)3.:  Clarifies that law enforcement, correctional, and correctional probation basic recruit students are required to complete the CMS Criminal Justice Defensive Tactics Course and are subject to chemical agent contamination, regardless of a specified basic recruit training program.  
11B-35.0024(3)(e)-(i):  Adds paragraph 11B-35.0024(3)(e), F.A.C., to include the Safe Handling of Firearms course number 2007 and revises the paragraph numbering of Rule 11B-35.0024(3)(e)-(i).
11B-35.0024(4):  Clarifies that the new Role-play Scenarios for Facilitative Learning course number 2001 requires demonstration of proficiency skills and adds the new Role-play Scenarios for Facilitative Learning course number 2001 to the list of basic recruit, advanced, specialized instructor, or specialized training program courses.
11B-35.0024(4)(j):  Updates the Criminal Justice Diver Performance Evaluation form CJSTC-19 to change the qualified safety divers per instructor from three to two and they shall not be enrolled as students in the course in which they are assisting or be included as an instructor in compliance with the instructor to student ratio.  
11B-35.0024(4)(k):  Revises the Canine Performance Evaluation form CJSTC-83 to update the paragraph reference and include additional demonstration of proficiency requirements for canines and canine team handlers.
11B-35.0024(4)(l):  Revises the course name for the Canine Team Training Course number 1198 to be consistent with the course name throughout the rules.
11B-35.0024(4)(l)2.:  Clarifies the course “number 1198” is entitled Canine Team Training Course to identify the course.
11B-35.0024(4)(l)2.:  Updates the Canine Team Instructor Performance Evaluation form CJSTC-20 to clarify that the demonstration of proficiency evaluation is for the Canine Team Training Instructor Course number 1199.
11B-35.0024(4)(m):  Adds the new Role-play Scenarios for Facilitative Learning course number 2001, and provides student academic performance that requires an instructor to score at least 85% on the written end-of-course examination.
11B-35.007(3)(r):  Adds the new specialized instructor Role-play Scenarios for Facilitative Learning course number 2001, to provide current Commission-certified general instructors with training on how to use role-play exercise effectively in both basic and post-basic instruction for practical training and application of concepts.
11B-35.007(4):  Revises the paragraph numbering of 11B-35.007(4) to remove retired specialized courses and add new specialized courses.
11B-35.007(4)(b)-(f):  Retires the Human Diversity In-service Training for Professionalism and Ethics number 1126; Human Diversity In-service Training for Interdependent Relationships number 1127; Human Diversity In-service Training for Reducing Inter-group Conflict number 1128; Human Diversity In-service Training for Reducing Inter-group Conflict number 1129; and Human Diversity In-service Training for Specialized Topics in Diversity number 1130, because the courses are no longer used based on the training survey results.  
11B-35.007(4)(i):  Adds the new effective date of 11/7/13 to the Canine Team Training Course number 1198, to ensure that officers are receiving the current course instruction.
11B-35.007(4)(aa):  Creates the new specialized training Property Repossession Processes course number 2002 to provide law enforcement officers with property repossession training.
11B-35.007(4)(bb):  Provides current Commission-certified canine instructors with updates related to the new Canine Team Training Course number 1198 and the new Canine Team Training Instructor Course number 1199.
11B-35.007(4)(cc):  Provides law enforcement officers with training on how to demonstrate proficiency in handling a firearm to ensure safety and familiarity with handguns and long guns.
11B-35.007(4)(dd):  Adds the 40-hour District Courts of Appeal Marshal Minimum Standards Training Program course number 2008 to the list of Specialized Training Program courses.
11B-35.009(3)(a)-(c):  Changes the name of form CJSTC-76 from "Equivalency-of-Training" to "Exemption-From-Training" to mirror language in statute.
11B-35.009(5):  Revises the name of the Exemption-From-Training form CJSTC-76 to mirror language in statute.
11B-35.009(6):  Revises the names of the Exemption-From-Training, form CJSTC-76; and the Exemption-From-Training Proficiency Demonstration, form CJSTC-76A to mirror language in statute.

SUMMARY:

Repeals Rule 11B-35.001(6) and (6)(a) because the rule duplicates Rule 11B-35.001(5); renumbered Rule 
11B-35.001(6)-(15) because paragraph 11B-35.001(6) and (6)(a) were repealed; removes unnecessary word “Specified” to describe the Specialized Training Program Course and updates the paragraph reference in this rule section; Retired the Canine Team Training Course number 1112, effective November 16, 2013; retired the Laser Speed Measurement Device Transition Operators Course for Radar Operators number 1113, effective December 31, 2008; revises the paragraph numbering of Rule 11B-35.001(8)(d)2.-12; adds the 16-hour Safe Handling of Firearms course number 2007 to the list of Specialized Training Program courses requiring an end-of-course examination; Adds the 40-hour District Courts of Appeal Marshal Minimum Standards Training Program course number 2008 to the list of Specialized Training Program courses requiring an end-of-course examination; adds language to eliminate the need for students to take an end-of-course examination for physical fitness and officer wellness hours completed during the basic recruit training program; revises the Training Report, form CJSTC-67, to update the renumbered rule section; revises the Academy Physical Fitness Standards Report, form CJSTC-67A to update the renumbered rule section; replaces the Traditional Correctional Basic Recruit Training with the new Florida Law Enforcement Academy Basic Recruit Training Program because the course is no longer used; revises the Instructor Exemption, form CJSTC-82 to update the renumbered rule section; changes the subsection reference for consistency with the paragraph renumbering; changes the paragraph subsection reference and incorporates the revised the Physical Fitness Assessment, form CJSTC-75B to add language for students to receive a physical examination prior to beginning a Basic Recruit Training Program; removes the specific name of the Criminal Justice Officer Physical Fitness Training Course and replaces with a generic reference; changes the paragraph reference number for consistency with other rule sections; removes the specific course titles and uses a generic term that encompasses all disciplines to reduce future rule revisions; adds language to advise that physical fitness tests are not required for Cross-over or Auxiliary Basic Recruit Training Programs; adds the new Correctional and Correctional Probation Officer Cross-Over Training to Florida Law Enforcement Academy Basic Recruit Training Programs to replace the retired Basic Recruit Training Programs; adds the new Law Enforcement Officer Cross-Over Training to Florida CMS Correctional Basic Recruit Training Program to replace the retired Basic Recruit Training Program; updates grammar; includes the new Safe Handling of Firearms course number 2007 as a Specialized Training Program Course that requires demonstration of proficiency skills; specifies the use of active CPR instructor certifications to meet the required instructor to student ratio to demonstrate CPR proficiency skills; updates the use of qualified safety divers and the separation between student and instructor; renames the “canine team patrol” to “canine team”; requires law enforcement, correctional, and correctional probation basic recruit students to complete the CMS Criminal Justice Defensive Tactics Course; requires students to demonstrate proficiency in handling handguns and long guns; specifies that an individual must be approved by the training center director or designee to assist instructors with canine practical exercises; includes the new Safe Handling of Firearms course number 2007 to the list of Specialized Training Program Courses; removes reference to “Florida CMS” for Law Enforcement, Correctional, and Correctional Probation Basic Recruit Training Programs; revises the paragraph numbering of Rule 11B-35.0024(3)(e)-(i), F.A.C., because paragraph (e) was added to include the Safe Handling of Firearms course number 2007; adds the new Role-play Scenarios for Facilitative Learning course number 2001 to the list of basic recruit, advanced, specialized instructor, or specialized training program courses; revises the Criminal Justice Diver Performance Evaluation form CJSTC-19; updates the Canine Performance Evaluation form CJSTC-83; revises the course name for the Canine Team Training Course number 1198; adds “number 1198” to the Canine Team Training Course to identify the course number; revises the Canine Team Instructor Performance Evaluation form CJSTC-20; adds the new Role-play Scenarios for Facilitative Learning course number 2001; provides current Commission-certified general instructors with training on how to use role-play exercise effectively; revises the paragraph numbering of 11B-35.007(4) to remove retired specialized courses and add new specialized courses; removes the Human Diversity courses number 1126, number 1127, number 1128, number 1129, and number 1130, because the courses are no longer used; includes the new effective date of the Canine Team Training Course number 1198, to ensure that officers are receiving the current course instruction; provides law enforcement officers with property repossession training; adds the new specialized instructor Canine Team Training Instructor Update course number 1199 for specialized instructor training; adds the new specialized training Safe Handling of Firearms course number 2007; provides training for the marshals in district courts of appeal; and revises the names of the Exemption-From-Training, form CJSTC-76; and the Exemption-From-Training Proficiency Demonstration, form CJSTC-76A to mirror language in statute.

RULEMAKING AUTHORITY:

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

LAW:

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

PRINT PUBLISH DATE:

4/16/2015 Vol. 41/74

COMMENTS:

From 4/16/2015 To 5/7/2015 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.