5128019, 11B-35.001 - Florida Administrative Rules, Law, Code, Register

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Notice: 5128019

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-35.0011	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:

Pursuant to Section 943.12(1), F.S., to develop rules for the implementation of Section 943.085, F.S., which requires establishment, implementation and evaluation of criminal justice training for law enforcement, correctional, and correctional probation officers. The following revisions were made to implement the new Florida CMS Law Enforcement and Florida Correctional Probation Basic Recruit Training Programs: Instructor Requirements – Rule 11B-35.001, F.A.C.: To remove the requirement for an instructor to be CMS certified to teach high-liability courses in basic recruit training programs. To remove the CMS Application-Based Law Enforcement Curriculum and test specifications. To include exceptions for field delivery of the new Florida CMS Law Enforcement Basic Recruit Training Program. Training school requirements – Rule 11B-35.001, F.A.C.: To require training schools to provide the student with a current paper version of the curriculum prior to or at the beginning of the basic recruit training program and to require instruction of the curriculum in compliance with Commission rules and delivery guidelines. To allow training center directors to deliver basic recruit training program courses in a shorter time frame if the total program hours are successfully completed. To require 100% participation in Criminal Justice Officer Physical Fitness Training. Commission forms – Rule 11B-35.001, F.A.C.: To create the Role Play Practicum Check Sheet form CJSTC-3, Academy Physical Fitness Standards Report form CJSTC-67A, and Basic Recruit Student Physical Fitness and Chemical Agent Contamination form CJSTC-75B. Retired Basic Recruit Training Programs – Rule 11B-35.001, F.A.C.: To provide a timeline for students enrolled in the retired CMS Application-Based Law Enforcement and Traditional Correctional Probation Basic Recruit Training Programs to complete the program and take the State Officer Certification Examination. Physical Fitness Training – Rule 11B-35.0011, F.A.C.: To require that a basic recruit student shall participate in the physical fitness test and chemical agent exposure prior to beginning and prior to completing the Florida CMS Law Enforcement, Traditional Correctional, and Florida Correctional Probation Basic Recruit Training Programs. Basic Recruit Training Programs – Rule 11B-35.002, F.A.C.: To retire the CMS Application-Based Law Enforcement Basic Recruit Training Program effective 3/31/08; to add the new CMS Florida Law Enforcement Basic Recruit Training Program effective 4/1/08. To update the Traditional Correctional Probation Basic Recruit Training Program to reflect the new requirements for high-liability training and physical fitness training effective 8/31/07. To add the Florida Correctional Probation Basic Recruit Training Programs effective 4/1/08. High-liability Training – Rules 11B-35.002 and 11B-35.0023, F.A.C.: To require that an officer who transfers high-liability training from one school to another shall complete the CMS “new” training specified on the CJSTC high-liability forms. Rule 11B-35.0021, F.A.C.: To delete the obsolete high-liability proficiency and instructor courses and add the new high-liability proficiency and instructor courses. To remove the CMS high-liability instructor transition courses and update the instructor to student ratio requirements for the high-liability courses. Rule 11B-35.007, F.A.C.: To create the CMS General Update Instructor Course and CMS Defensive Tactics Update Instructor Course to prepare Commission-certified instructors to deliver the new Florida CMS Curriculum. To retire the Traditional Instructor Techniques Course and the Radar Speed Measurement Instructor Course for Law Enforcement Officers. High-Liability Proficiency Requirements/Forms. Rule 11B-35.0024, F.A.C.: To retire the CMS Defensive Tactics Instructor Transition course, CMS First Aid Instructor Transition Course, and CMS Vehicle Operation Instructor Transition Course. To add the new high-liability proficiency requirements on high-liability forms CJSTC-4 CMS, CJSTC-5 CMS, CJSTC-6 CMS, and CJSTC-7 CMS. To repeal form CJSTC-6A CMS. To retire the CMS Firearms Instructor Transition Course.
To comply with Section 120.74, F.S., which requires agencies to revise its rules as often as necessary to ensure compliance with Florida Statutes and clarify and restructure existing rule language to comply with the Governor’s plain language policy: Exemption from Basic Recruit Training. Rule 11B-35.009, F.A.C.: To revise the list of required topics required for completion prior to receiving an exemption from a basic recruit training program. Rule 11B-35.007, F.A.C.: To require the training schools to attach the goals and objectives to form CJSTC-16. Rule 11B-35.001, F.A.C.: To change the instructor exemption requirements on form CJSTC-82 for instructors who have a professional or technical certification or experience in the specific subject matter. Housekeeping – Rule 11B-35.001, F.A.C.: To clarify existing rule language regarding student academic performance in courses and end-of-course examinations for Specialized Instructor Training Courses. To retire the Laser Speed Measurement Device (LSMD) Transition Operators Course for Radar Operators effective 12/31/08. To add the required hours for Crimes Against Children, Domestic Violence, and Violent Crime Investigator specialized training program courses. To clarify existing rule language and update rule references. To require a training center director to sign a student’s make-up work. Rule 11B-35.002, F.A.C.: To delete redundant rule language. Rule 11B-35.0021, F.A.C.: To comply with nationally recognized organizations and remove the specific instructor levels for CMS First Aid Instructors who possess a valid CPR Instructor Certification from an entity referenced in Rules 64E-2.038 and 11B-35.0023, F.A.C.: To remove the definition of “good standing.” Rule 11B-35.003, F.A.C.: To update rule references. Rule 11B-35.006, F.A.C.: To require that form CJSTC-11 shall be completed for the Speed Measurement Course number 1158 and for the Laser Speed Measurement Operators Course for Law Enforcement Officers. To allow a Speed Measurement Device Operator to instruct the practical exercises in the Speed Measurement Course while under the supervision of a certified Speed Measurement Instructor. To add “reviewing the student’s course score to form CJSTC-67. To move the inactive Advanced Training Program Courses from Rule 11B-35.006 to subsection 11B-14.005(4), F.A.C. To clarify existing rule language. Rule 11B-35.009, F.A.C.: To clarify that an individual who receives an exemption from a basic recruit training program shall become employed four years from the date the individual demonstrated the required proficiency skills. Rule 11B-35.006, F.A.C.: To add new advanced training program courses. Basic Abilities Test. Rule 11B-35.0011, F.A.C.: Pursuant to the provisions of Section 943.17(1)(g), F.S., the rules were revised to restrict an applicant from taking more than three Basic Abilities Tests, from a single provider within a 12-month period. To clarify that the Basic Abilities Test shall be administered in Florida. To remove obsolete rule language. To revise the number of years, from two to four years, that a passing Basic Abilities Test is valid.
To revise the following forms to comply with the revision of Section 119.071, F.S., that precludes an agency from requesting an individual’s full social security number unless a list of the documents or forms are filed with the state: Rule 11B-35.009, F.A.C.: Forms CJSTC-76 and CJSTC-76A.

SUBJECT:

Commission forms; general training programs, requirements and specifications; basic abilities requirements of basic recruit training programs, changes in the basic recruit program curriculum; high-liability proficiency courses for basic recruit and instructor training; student transfers within basic recruit training programs; student performance in basic recruit and instructor high-liability training courses; and advanced and specialized training program courses.

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:

1/18/2008 Vol. 34/03

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=1/18/2008&Section=1

REFERENCE MATERIALS:

No reference(s).

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