Notice of Development of Rulemaking

DEPARTMENT OF LAW ENFORCEMENT
Criminal Justice Standards and Training Commission
RULE NO: RULE TITLE
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: High-Liability Proficiency Courses for Basic Recruit Training and Instructor Training
11B-35.0023: Student Transfers within Basic Recruit Training Programs
11B-35.0024: Student Performance in Commission-approved High-Liability Basic Recruit Training Courses and High-Liability Instructor Training Courses
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
PURPOSE AND EFFECT: Rule 11B-35.001, F.A.C. Increased the written end-of-course examination passing scores and clarified the requirements to retake an examination. Increased the written end-of-course examination passing score for Advanced and Specialized Training Courses from 75% to 80%. Increased the written end-of-course examination passing score for Specialized Instructor Training Courses from 75% to 85%. Clarified the process for granting a “first attempt” and “second attempt” to pass a written end-of-course examination and demonstrate proficiency skills in the high-liability topics. Clarified the use of “competency-based instruction” for Basic Recruit Training Programs and Commission-approved specialized instructor training program courses. Revised form CJSTC-3. Revised the Role-Play Practicum Check Sheet form CJSTC-3 to add the Dart-Firing Stun Gun course # CJK_0422 and the role-play practicum scenarios. Added the Department of Education’s common course numbers to each of the role-play course names. Updated the instructions on the form.
Rules 11B-35.002 and 11B-35.0023, F.A.C. Revised the process for transferring a student to a different training school. Removed the requirements, on the CMS Firearms Performance Evaluation form CJSTC-4 CMS and in Rule 11B-27.0023, F.A.C., to complete the “CMS New” proficiency skills. This will ensure that a student completes the most current proficiency skills prior to transferring to a different training school. Revised form CJSTC-4 CMS. Removed the requirements, on the CMS Firearms Performance Evaluation form CJSTC-4 CMS and in Rule 11B-27.0023, F.A.C., to complete the “CMS New” proficiency skills. This will ensure that a student completes the most current proficiency skills prior to transferring to a different training school. Added a new basic recruit training course and added a new course number. Added the new DUI Traffic Stops course number CJK_0083 in the Florida CMS Law Enforcement Basic Recruit Training Program number 1177 and to the Florida CMS Law Enforcement Basic Recruit Training Program cross-over courses, numbers 1178 and 1179. Added a new CJK number for “Interpersonal Skills 1” in the Traditional Correctional Basic Recruit Training Program (# 502), and updated course numbers in Rule 11B-35.002, F.A.C.
Rule 11B-35.0021, F.A.C. Revised the title of Rule 11B-35.0021, F.A.C., to better describe the rule language contained in that rule section. Added the new DUI Traffic Stops course to the Law Enforcement Basic Recruit Training Programs. Added the new DUI Traffic Stops course number CJK_0083 to the Florida CMS Law Enforcement Basic Recruit Training Program number 1177 and to the Florida CMS Law Enforcement Basic Recruit Training Program cross-over courses, numbers 1178 and 1179. Housekeeping revisions. Added course numbers to existing course names for ease of finding the correct course. Added the new category of “Specialized Instructor Courses” to add the required demonstration of proficiency for the Speed Measurement Instructor Course # 1159. Revised the student to instructor ratio for defensive tactics and added a student to instructor ratio for Speed Measurement Device Operators. Revised the student to instructor ratio for instruction of defensive tactics from 10 to 8 with the lead instructor included in the ratio. Added a student to instructor ratio for instruction of the Speed Measurement Instructor Course # 1159.
Rule 11B-35.0024, F.A.C. Revised the rule section title. Revised the title of the Rule 11B-35.0024, F.A.C., to better describe the rule language contained in that rule section. Clarified existing rule language. Changed “cognitive knowledge” to “written end-of-course examination,” throughout all rules sections for consistency with terminology used by the training schools. Changed “demonstration of high-liability proficiency skills” to “demonstration of proficiency skills” throughout all rule sections to clarify the proficiency skills process, i.e., “demonstration of proficiency skills in the high-liability topics of vehicle operations, defensive tactics, first aid, and firearms.” Revised the written end-of-course examination passing score for specialized instructor training courses and passing score for demonstration of proficiency skills. Increased the written end-of-course examination for Specialized Instructor Training Courses listed in Rule 11B-35.007, F.A.C., from 75% to 85%. Increased the proficiency demonstration for firearms instructors from 80% to 85%. Clarified the process for granting a “first attempt” and “second attempt” for successfully passing a written end-of-course examination and demonstration of proficiency skills in the high-liability topics.
Added proficiency demonstrations for the DUI Traffic Stops course number CJK_0083 in a basic recruit training program and for the Speed Measurement Instructor course number 1159 (specialized instructor course). Added rule language to require that a basic recruit student achieve a score of no less than 80% on the required written end-of-course examination and demonstrate the required DUI Traffic Stops course number CJK_0083 proficiency skills at 100% proficiency. Added rule language to require that an instructor student achieve a score of no less than 85% on the required written end-of-course examination and demonstrate the required proficiency skills at 100% for the Speed Measurement Instructor course number 1159. Revised and added CJSTC forms. Revised the CMS Firearms Performance Evaluation form CJSTC-4 CMS; CMS First Aid Performance Evaluation form CJSTC-5 CMS; CMS Defensive Tactics Performance Evaluation form CJSTC-6 CMS; CMS Vehicle Operations Performance Evaluation form CJSTC-7 CMS; Speed Measurement Device Instructor Field Evaluation form CJSTC-10; and added the DUI Traffic Stops Performance Evaluation form CJSTC-13.
Rule 11B-35.003, F.A.C. Clarified the curriculum and high-liability training requirements for completing Auxiliary Officer Basic Recruit Training. Added detailed curriculum and high-liability training requirements for becoming a certified auxiliary officer. Clarified that the Auxiliary Officer Prerequisite Course shall be taught at a Commission-certified training school. Housekeeping revisions. Updated rule reference.
Rule 11B-35.006, F.A.C. Housekeeping revisions. Retired the retired Laser Speed Measurement Operators Course for Law Enforcement. Removed redundant rule language. Repealed form CJSTC-8. Repealed the Radar Operator Performance Report form CJSTC-8 because the form is no longer needed.
Rule 11B-35.007, F.A.C. Updated the Specialized Instructor Training Program Course list and the Specialized Training Program Course list. Transferred the CMS General Instructor Update Course and the CMS Defensive Tactics and Firearms Instructor Update Course from the Specialized Instructor Training Courses list to the Specialized Training Program Course list. The transferred courses are Commission-approved Specialized Training Program Courses developed and approved by the Commission that have not been designated as Commission-approved Advanced Training Program Courses. Changed the name of the Speed Measurement Instructor Course for Law Enforcement Officers (# 1159) to Speed Measurement Instructor Course (# 1159). Added the new Florida General Instructor Techniques Course # 116 (specialized training course. Updated the Specialized Training Program Courses. Added the Elder Abuse Investigations # 1185 (specialized training program course). Reduced the required hours in the Breath Test Operator Course from 24 to 16 hours and the Breath Test Operator Renewal Course from 6 to 4 hours.
SUBJECT AREA TO BE ADDRESSED: General training requirements and specifications for competency-based training. Required demonstration of proficiency skills in basic recruit training programs for students transferring from one training school to another. Performance requirements for basic recruit training courses and instructor training courses. Required demonstration of proficiency skills and student to instructor ration requirements for basic recruit training, specialized instructor training, and specialized training courses. Basic recruit training program courses, specialized training program courses, specialized instructor training courses. Performance evaluation forms.
SPECIFIC AUTHORITY: 943.03(4), 943.12(1), (2), 943.14(3), 943.17 FS.
LAW IMPLEMENTED: 943.12, 943.12(5), 943.17, 943.17(1)(a), 943.175, 943.25 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: May 6, 2009, 1:00 p.m.
PLACE: Florida Department of Law Enforcement, Criminal Justice Professionalism Program, 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 at (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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Donna Hunt, Florida Department of Law Enforcement, Criminal Justice Professionalism Program, 2331 Phillips Road, Tallahassee, Florida 32308; (850)410-8615

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.