3010994, 11B-35 - Florida Administrative Rules, Law, Code, Register

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Notice: 3010994

Notice of Development of Rulemaking

Department:

DEPARTMENT OF LAW ENFORCEMENT

Division:

Criminal Justice Standards and Training Commission

Chapter:

TRAINING PROGRAMS

Overview

RULE:

11B-35	TRAINING PROGRAMS
11B-35.001	General Training Programs; Requirements and Specifications
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-35.0024	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:

Rule 11B-35.001: To add the “time of the course” to the list of requirements for notifying Commission staff of a scheduled course when cancellation of that course is under 30 days. To exempt instructors from the CMS or Traditional General Instructor Certification who teach the dart-firing stun gun component of the Law Enforcement Basic Recruit Training Program and reincorporate form CJSTC-82 into paragraph 11B-35.001(3)(c), F.A.C. To require that training records maintained at a training school include a list of course instructors with their full name and the expiration of their certificate.  To require that, in order for a student to pass the SOCE, the training center director shall issue to a student an Examination Admission Voucher form CJSTC-517, in addition to the student’s certificate of completion.  To incorporate into Rule 11B-35.001, F.A.C, form CJSTC-517. To update the Department’s web address.  
Rule 11B-35.0011: To require that the Basic Abilities Test (BAT) can only be taken three times within a  12-month period. To require that an entity verify each applicant’s eligibility prior to the applicant taking the BAT. To deny the applicant access to the BAT if the entity discovers the applicant has taken the BAT more than three times. To require that the vendor providers only allow access to the BAT for student’s who have produced a valid photo identification. To require the vendor provider to validate the students name, date of birth, etc., and other personal identification information as proposed in rule. To reword rule language concerning applicants who violate the Commission’s rules and to list the sanctions that will be imposed for such violations. To require that  accommodations, pursuant to the American with Disabilities Act, are governed by subsection 11B-30.0071(4), F.A.C. To require that BAT vendors shall determine eligibility accommodations on a case-by-case basis.  Rule 11B-35.002: To update the course names and numbers for the Commission’s criminal justice training programs. To remove course information, course names and course numbers for retired basic recruit and basic recruit cross-over training programs. To add program numbers to the Commission’s basic recruit training programs. To add new programs to the CMS Law Enforcement Basic Recruit Cross-Over Training Programs. To add the 6-hour Dart-Firing Stun Gun training to CMS, Traditional, Cross-Over and Auxiliary Basic Recruit Training Programs.  Rule 11B-35.0021: To update the course names required to possess and maintain a valid CPR Instructor Certification in order for an instructor to teach the CMS First Aid for Criminal Justice Officers Course, CMS First Aid Instructor Course, or CMS First Aid Instructor Transition Course. Rule 11B-35.0024: To add rule language that requires an instructor student to successfully demonstrate cognitive knowledge and proficiency skills during the initial qualification, unless the instructor student qualifies for one of the three exceptions. To update the CMS First Aid Performance Evaluation form CJSTC-5 CMS including addition of association affiliation check-off boxes. To make housekeeping revisions to the CMS Vehicle Operations Performance Evaluation form CJSTC-7 CMS. Rule 11B-35.003: To add the 6-hour dart-firing stun gun training to the Law Enforcement Auxiliary Officer Basic Recruit Training Program and update the minimum hours for certain topic areas. Rule 11B-35.006: To add new Advance Training Program Courses and revise existing course names. To create the Laser and Radar Operator Performance Report form CJSTC-11 to be completed for the Laser Speed Measurement Operator’s Course for Law Enforcement. To repeal the Laser Operator Performance Report form CJSTC-9. Rule 11B-35.007: To add the Laser and Radar Speed Measurement Instructor Course for Law Enforcement Officers, and the Dart-Firing Stun Gun training course, and revise existing specialized training program course names. Rule 11B-35.009: To clarify that any appeal for denial of exemption from basic recruit training shall be governed by Section 120.57, F.S. To clarify that demonstration of proficiency in the high-liability areas and passing the State Officer Certification Examination shall be completed within one year after receiving an exemption. To clarify that a training school shall provide to the officer a completed form CJSTC-76A and form CJSTC-517, upon the officer’s demonstration of proficiency.

SUBJECT:

Rule 11B-35.001: Requirements and specifications for general training programs. Rule 11B-35.0011: BAT requirements for applicant admission into Commission-approved criminal justice training programs. Rule 11B-35.002: Addition, deletion, and update of basic recruit training programs for law enforcement, correctional, and correctional probation. Rule 11B-35.0021: Instruction of CMS First Aid for Criminal Justice Officers Course, CMS First Aid Instructor Course, or CMS First Aid Instructor Transition Course. Rule 11B-35.0024: Requirements for demonstration of cognitive knowledge and proficiency skills for instructor students. Rule 11B-35.003: Dart-firing stun gun training and course updates for Law Enforcement Auxiliary Officer Basic Recruit Training Program. Rule 11B-35.006: Advanced Training Program Courses, specifically the Dart-Firing Stun Gun course. Rule 11B-35.007: Specialized Training Program Courses, specifically the Laser and Radar Speed Measurement Instructor Course for Law Enforcement Officers and Dart-Firing Stun Gun training course. Rule 11B-35.009: Exemption from basic recruit training regarding demonstration of proficiency requirements and the required forms.

RULEMAKING AUTHORITY:

943.03(4), 943.12(1), 943.12 (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:

10/20/2006 Vol. 32/42

RELATED STATUTES
AND LAWS:

943.03(4), 943.12(1), 943.12 (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&PDate=10/20/2006&Section=1

REFERENCE MATERIALS:

No reference(s).

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