Notice of Proposed Rule

DEPARTMENT OF LAW ENFORCEMENT
Criminal Justice Standards and Training Commission
RULE NO: RULE TITLE
11B-21.002: Criminal Justice Training Schools' Request for Certification, Expansion of Certification, and Re-certification
11B-21.005: Criminal Justice Training School Requirements for Certification and Re-certification
11B-21.018: Criminal Justice Training School Disciplinary Guidelines and Revocation of Certification
11B-21.019: Criminal Justice Training School Inspections
PURPOSE AND EFFECT: To comply with 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 Basic Recruit Training Program: Rule 11B-21.005, F.A.C.: Updates the instructor to student ratio requirements and/or equipment to ratio requirements and updates items in the first aid kit on the equipment and facility requirement forms CJSTC-202; CJSTC-203; CJSTC-201; and CJSTC-208.
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. Rule 11B-21.005, F.A.C.: Revises the instructor staffing requirements for training schools with a Type “B” or “C” certification to allow training schools to have a least one full-time instructor or instructor coordinator that will report solely to the training center director. Increases the years from two to four for maintaining a valid Basic Abilities Test. To update rule references.
Revises form CJSTC-200 to comply with the revision of Section 119.071, F.S., regarding procedures for requesting a full social security number on Commission forms.
SUMMARY: Revises commission forms and revises the requirements for certification and recertification of criminal justice training schools.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 943.03(4), 943.12(1), (2) FS.
LAW IMPLEMENTED: 943.12(3), (7), 943.14, 943.17(1)(g) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: April 2, 2008, 10:00 a.m.
PLACE: Florida Department of Law Enforcement, 2331 Phillips Road, Tallahassee, Florida 32308
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Donna Hunt, (850)410-8615. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Donna Hunt, Florida Department of Law Enforcement, Criminal Justice Professionalism Program, 2331 Phillips Road, Tallahassee, Florida 32308, (850)410-8615

THE FULL TEXT OF THE PROPOSED RULE IS:

11B-21.002 Criminal Justice Training Schools’ Request for Certification, Expansion of Certification, and Re-certification.

(1) through (2) No change.

(a) through (c) No change.

(3) No change.

(a) through (d) No change.

(4) Request for Expansion for Certification. A training school that requests expansion of its certification shall follow the procedures in subsection 11B-21.002(3)(2), F.A.C. The expansion portion of the certification shall be treated as an initial certification. The certification expiration date of the expansion shall remain the same as the current expiration date.

(5) No change.

(a) through (d) No change.

(6) No change.

Specific Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.12(3), (7), 943.14 FS. History–New 7-21-82, Amended 1-28-86, Formerly 11B-21.02, Amended 12-13-92, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 11-30-04, 3-21-07,_________.

 

11B-21.005 Criminal Justice Training School Requirements for Certification and Re-certification.

Training Schools certified by the Commission shall comply with the following requirements:

(1) through (2) No change.

(3) Classroom Facility and Equipment Requirements. Comply with the classroom facility and equipment requirements set forth in the Training School Classroom Facility Requirements, form CJSTC-205, revised May 6, 2004, hereby incorporated by reference.

(4) Driving Range Facility, Equipment, and Instructor to Student Ratio Requirements.

(a) When conducting Commission-approved vehicle operations training cComply with the driving range, facility, equipment, and instructor to student ratio requirements set forth in, pursuant to subsection 11B-35.0021(4), F.A.C., and as set forth in the Driving Range Facility and Equipment Requirements, form CJSTC-202, revised November 8, 2007 May 5, 2005, hereby incorporated by reference, when conducting Commission-approved vehicle operations training.

(b) Deviation from the Standard Driving Range. Should any driving range proposed for construction after July 1, 1988, deviate from the standards set forth in form CJSTC-202, plans for such construction shall be submitted to Commission staff for initial review, and then to the Commission for final approval or disapproval. Justification for such construction shall include a statement of explanation and supporting documentation justifying the need to deviate from the established standard. A recommendation for deviation from the Commission’s driving facility requirement shall ensure that vehicle operation training exercises can be safely and effectively performed.

(5) Defensive Tactics Facility, Equipment, and Instructor to Student Ratio Requirements. When conducting Commission-approved defensive tactics training cComply with the defensive tactics equipment, facility, and instructor to student ratio requirements set forth in, pursuant to subsection 11B-35.0021(4), F.A.C., and as set forth in the Defensive Tactics Facility and Equipment Requirements, form CJSTC-203, revised November 8, 2007 May 6, 2004, hereby incorporated by reference, when conducting Commission-approved defensive tactics training.

(6) Firing Range Facility, Equipment, and Instructor to Student Ratio Requirements. When conducting Commission-approved firearms training cComply with the firing range equipment, facility, and instructor to student ratio requirements set forth in, pursuant to subsection 11B-35.0021(4), F.A.C., and as set forth in the Firing Range Facility and Equipment Requirements, form CJSTC-201, revised November 8, 2007 May 6, 2004, hereby incorporated by reference, when conducting Commission-approved firearms training. Firearms training shall be supervised directly by a Commission-certified firearms instructor and the instructor shall have access to at least one firearms range designed for criminal justice firearms instruction.

(7) First Aid Facility, Equipment, and Instructor to Student Ratio Requirements. When conducting Commission-approved first aid training cComply with the first aid equipment, facility, and instructor to student ratio requirements set forth in, pursuant to subsection 11B-35.0021(4), F.A.C., and as set forth in the CMS First Aid Instructional Requirements, form CJSTC-208, revised November 8, 2007 May 6, 2004, hereby incorporated by reference, when conducting Commission-approved first aid training.

(8) Staffing Requirements. Comply with the personnel requirements set forth in the Staffing Requirements, form CJSTC-204, revised May 6, 2004, hereby incorporated by reference. The following specifications shall be met:

(a) through (b) No change.

(c) At least two full-time criminal justice training instructor or instructional coordinator positions assigned to report solely to the training center director for training schools with a Type “A” certification. One coordinator position can be composed of two or more instructional coordinators, provided the aggregate personnel time dedicated to these duties is equivalent to one full-time position. A training school with a Type “B” or “C” certification shall have at least one full-time criminal justice training instructor or instructor coordinator position assigned to report solely to the training center director. In the absence of the director, at least one full-time instructor, instructional coordinator, or other individual specifically designated by the director shall be accessible while criminal justice training is being administered and shall be responsible for quality control.

(9) No change.

(10) Basic Abilities Testing Requirements pursuant to Rule 11B-35.0011, F.A.C., and Section 943.17(1)(g), F.S. Effective January 1, 2002, training schools certified by the Commission that provide Commission-approved Basic Recruit Training Programs shall:

(a) Adopt a Commission-approved basic abilities test as an entry requirement into a Commission-approved Basic Recruit Training Program, and not enter into a contract with any testing provider for a period longer than the Commission’s testing cycle of three years.

(b) Require, for admission into a Commission-approved Basic Recruit Training Program, a passing score from a Commission-approved basic abilities test, which shall be accepted by any training school. A passing score is valid four two years from the date of the test.

(c) Not exempt a student from taking a Commission-approved basic abilities test.

(11) No change.

(a) through (b) No change.

1. through 2. No change.

Specific Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.12(3), (7), 943.14, 943.17(1)(g) FS. History–New 7-21-82, Formerly 11B-21.05, Amended 1-28-86, 8-30-89, 12-24-89, 6-3-91, 12-13-92, 1-2-97, 7-7-99, 8-22-00, 7-29-01, 11-5-02, 11-30-04, 3-27-06, 3-21-07,_________.

 

11B-21.018 Criminal Justice Training School Disciplinary Guidelines and Revocation of Certification.

(1) No change.

(a) through (c) No change.

(d) Failure to comply with trainee attendance and performance standards pursuant to subsections 11B-35.001(9)(7) and (12)(11), F.A.C.

(e) No change.

(2) No change.

(a) through (b) No change.

(3) No change.

(a) through (d) No change.

(4) No change.

Specific Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.12(3), 943.14 FS. History–New 10-17-90, Amended 12-13-92, 8-7-94, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 11-30-04,_________.

 

11B-21.019 Criminal Justice Training School Inspections.

Section 943.12(7), F.S., authorizes the Criminal Justice Standards and Training Commission to issue certificates to criminal justice training schools. These training schools shall abide by the requirements for administration and instruction of Commission-approved training pursuant to Rule Chapters 11B-21 and 11B-35, F.A.C.

(1) No change.

(a) through (d) No change.

(2) Random inspections shall be conducted by Commission staff of classroom facilities, courses in session, staffing requirements, statute and rule compliance, and shall be documented on the following applicable form(s):

(a) Training School Contact Report, form CJSTC-200, revised November 8, 2007 May 6, 2004, hereby incorporated by reference.

(b) through (c) No change.

(3) through (6) No change.

Specific Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.12(3), (7), 943.14 FS. History–New 11-5-02, Amended 11-30-04,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Donna Hunt, (850)410-8615
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Bureau Chief Vickie Marsey, (850)410-8660
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 26, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 18, 2008