14017875, 11B-35.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 14017875

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

PURPOSE:

11B-35.001(6)(a):  Removes the requirement to provide printed copies of the Florida Statutes and Florida handbook on jury instructions because the resources are available online (the 2014 Curriculum will include links to these resources).  
11B-35.001(9)(d)1. and 11B-35.007(4)(i):  Retires the 400-hour Canine Team Training Course number 1112 effective 11/6/13 and replaces with the updated 480-hour Canine Team Training Course number 1198 effective 11/7/13 (this course is not a Commission mandated certification and is optional for an agency to have its canine team complete the Canine Team Training Course).  
11B-35.001(10):  Deletes the implementation phase of the Florida CMS Correctional Basic Recruit Training Program due to the completed implementation on July 1, 2012, and adds rule language to allow for implementation of the new Correctional Probation Basic Recruit Training Program in 2015.  
11B-35.001(15)(b):  Moves the Physical Fitness Assessment rule language in Rule 11B-35.0011(2), F.A.C., to Rule 11B-35.001(15)(b)., F.A.C., under Physical Fitness Assessment.  
11B-35.001(16):  Makes grammatical revisions.  
11B-35.0011:  Revises the title to remove the correctional probation discipline (correctional probation officers are no longer required to take the Basic Abilities Test).  
11B-35.0011(1)(i):  Moves American with Disabilities Act rule language from 11B-35.0011(1)(i), F.A.C. to 11B-35.0011(2), F.A.C.  
11B-35.0011(2):  Moves rule language regarding the American with Disabilities Act in Rule 11B-35.0011(1)(i), F.A.C. to Rule 11B-35.0011(2), F.A.C., and moves the Physical Fitness Assessment rule language from Rule 11B-35.0011(2), F.A.C., to Rule 11B-35.001(15)(b)., F.A.C., under Physical Fitness Assessment; 
11B-35.002(1)(a)3. & 13.:  Retires the Florida CMS Law Enforcement Basic Recruit Training Program number 1177, and replaces with the new Florida Law Enforcement Academy Program number 2000  
11B-35.002(3):  Removes the word “sequencing” for instruction of a basic recruit training course because it conflicts with competency-based instruction in Rule 11B-35.001(12), F.A.C.  
11B-35.002(5)(e):  Retires the Florida CMS Law Enforcement Basic Recruit Training Program number 1177, effective June 30, 2014  
11B-35.002(5)(f)1.-18.:  Adds the new Florida Law Enforcement Academy Program number 2000 to replace the retired Florida CMS Law Enforcement Basic Recruit Training Program number 1177, effective July 1, 2014  
11B-35.002(5)(g)-(h):  Renumbers the rule paragraphs.  
11B-35.002(6)(f)3.:  Retires the Law Enforcement Officer Cross-Over Training to Florida Correctional Probation Basic Recruit Training Program number 1184, effective June 30, 2014, at the request of the Department of Corrections.  
11B-35.002(6)(f)4.:  Clarifies the training required for a law enforcement officer to become a correctional probation officer.  
11B-35.002(6)(f)5.:  Updates the paragraph number.  
11B-35.0021:  Adds “Specialized” to the title of Rule 11B-35.0021, F.A.C., to include Specialized Training Program Courses.  
11B-35.0021(1):  Adds “Program” to the name of the “High-Liability Basic Recruit Training Program Courses” for consistency with other rule language.  
11B-35.0021(4)(d):  Adds the new Canine Team Training Instructor Course number 1199 to the Specialized Instructor Courses category.  
11B-35.0021(6):  Adds the Specialized Training Program Courses category and new Canine Team Training Course number 1198.  
11B-35.0021(8):  Adds the Specialized Training Program Courses category to require instructor to student ratios for instruction of proficiency skills for specialized training courses and rearranges the training programs in the order of the training programs in Rule 11B-35.0021(1) – (6), F.A.C.  
11B-35.0021(7)(h):  Adds the instructor to student ratio requirements for instruction of the new Underwater Police Science and Technology course number 077 for students actively engaged in water activities and adds the definition of “actively engaged.”  
11B-35.0021(7)(i):  Adds the instructor to student ratio requirements for instruction of the new Canine Team Training Course number 1198 for canine teams actively engaged in canine team patrol activities and adds the definition of “actively engaged.”  
11B-35.0021(7)(j):  Adds the instructor to student ratio requirements for instruction of the new Canine Team Training Instructor Course number 1199 for canine teams actively engaged in canine team patrol activities and adds the definition of “actively engaged;” 
11B-35.0024(3)(a)2.:  Revises the CMS Defensive Tactics Performance Evaluation form CJSTC-6 CMS to allow the instructor to sign the evaluator’s name and initials for the first exercise and then draw an arrow through the remaining exercises to avoid repetitive signatures and initials, and revises the restrain device, Frisks and Searches, and Ground Escapes techniques to conform with the current curriculum.  
11B-35.0024(3)(g)2.:  Revises the CMS Vehicle Operations Performance Evaluation form CJSTC-7 CMS to update the performance requirements (added Tactical Backing Exercise; for Nighttime Emergency Reverse Serpentine, allows the sirens to be optional; and changes “Threshold Braking” to “Braking)” to conform with the current curriculum.  
11B-35.0024(4):  Adds the Underwater Police Science and Technology course number 077, Canine Team Training Course number 1198, and Canine Team Training Instructor Course number 1199, that require demonstration of proficiency skills.  
11B-35.0024(4)(a)2.:  Revises the DUI Traffic Stops Performance Evaluation form CJSTC-13 CMS, to include the Horizontal Gaze Nystagmus Test, Walk-and-Turn Test, and the One-Leg Stand Test to conform with the current curriculum.  
11B-35.0024(4)(b):  Revises the Speed Measurement Operator Performance Report form CJSTC-11, to allow the instructor, in addition to the training center director or designee, to approve successful completion of the field practical portion of training to assist the training center director with processing performance reports.  
11B-35.0024(4)(c)2.:  Revises the Speed Measurement Device Instructor Field Evaluation form CJSTC-10, to allow the training center director or designee to approve the successful demonstration of a speed measurement device to assist the training center director with processing the evaluations.  
11B-35.0024(4)(j):  Adds the required written end-of-course examination and demonstration of proficiency skills for the new Underwater Police Science and Technology course number 077.  
11B-35.0024(4)(j):  Creates the new Criminal Justice Diver Performance Evaluation form CJSTC-19 to record the Underwater Police Science and Technology performance evaluations to conform with the current curriculum.  
11B-35.0024(4)(k):  Substantially rewrites the Canine Performance Evaluation form CJSTC-83, by reformatting the form, clarifying the proficiency demonstrations, including an attestment for both the evaluators and applicant, adding additional training information, and revising the canine performance requirements to conform with the current curriculum.  
11B-35.0024(4)(l)1.:  Adds the training requirements for successfully completing the new Canine Team Instructor Course number 1199.  
11B-35.0024(4)(l)2.:  Creates the new Canine Team Instructor Performance Evaluation form CJSTC-20 for evaluating canine teams and provides the requirements for completing the Canine Team Training Course number 1199 to become a Canine Team Training Instructor to conform with the current curriculum.  
11B-35.003(8)-(9):  Updates rule references.  
11B-35.007(2)(b)10.:  Revises the Specialized Training Documentation form CJSTC-16 to correspond with the changes in Rule 11B-35.007(2)(b)9, F.A.C., i.e., reduces the minimum number of course hours from 4 to zero hours, and reduces the maximum hours of electives from 8 to 4 hours used for each forty hours of course instruction.  
11B-35.007(3)(l):  Retires the 40-hour Canine Team Training Instructor Course number 1107 effective 11/6/13, and adds the new 80-Canine Team Training Instructor course number 1199 effective 11/7/13.  
11B-35.007(4)(i):  Increases the number of hours for the Canine Team Training Course from 400 to 480 to reflect the actual number of hours required in the field to instruct the Canine Team Training Course and changes the course number from 1112 to 1198 - this course is not a Commission mandated certification and is optional for an agency to have its canine team complete the Canine Team Training Course.  
11B-35.007(4)(ee):  Adds the new STEP Course for Red Light Cameras number 1197 to the list of Specialized Training Program courses.  
11B-35.009(3)(a):  Updates the topics required for training comparable to the Florida Law Enforcement Academy program to conform with the current curriculum.  
11B-35.009(3)(b):  Updates the topics required for training comparable to the Florida CMS Correctional Basic Recruit Training Program to conform with the current curriculum.  
11B-35.009(3)(c):  Updates the topics required for training comparable to the Florida Correctional Probation Basic Recruit Training Program to conform with the current curriculum.  
11B-35.009(5):  Revises the Equivalency-of Training form CJSTC-76 to update the comparable training for the law enforcement, correctional, and correctional probation basic recruit training programs and to clarify the procedures for submitting form CJSTC-76 to Commission staff.

SUBJECT:

New 2014 Florida Law Enforcement Academy Curriculum; retired Canine Team Training Course 1112; new Canine Team Training Course 1198; retired Florida CMS Correctional Basic Recruit Training Program; new Correctional Probation Basic Recruit Training Program for 2015; relocation of rule language regarding Physical Fitness Assessment; rule title renamed; retired Florida CMS Law Enforcement Basic Recruit Training Program 1177; new Florida Law Enforcement Academy Program 2000; instruction of basic recruit training course using competency-based instruction – removal of “sequencing”;  retired Law Enforcement Officer Cross-Over Training to Florida Correctional Probation Basic Recruit Training Program 1184; Training required for a law enforcement officer to become a correctional probation officer; training programs renamed; new Canine Team Training Instructor Course; new Specialized Training Program Courses category; Specialized Training Program Courses category; instructor to student ratio for instruction of proficiency skills  for the new Underwater Police Science and Technology; instructor to student ratio for instruction of proficiency skills for the new Canine Team Training Course and Canine Team Training Instructor Course; CMS Defensive Tactics Performance Evaluation form CJSTC-6 CMS revisions; CMS Vehicle Operations Performance Evaluation form CJSTC-7 CMS revisions; demonstration of proficiency skills for the Underwater Police Science and Technology course, Canine Team Training Course, and Canine Team Training Instructor Course; DUI Traffic Stops Performance Evaluation form CJSTC-13 CMS revisions; Speed Measurement Operator Performance Report form CJSTC-11 revisions; Speed Measurement Device Instructor Field Evaluation for CJSTC-10 revisions; Underwater Police Science and Technology course procedures; new Criminal Justice Diver Performance Evaluation form CJSTC-19;Canine Performance Evaluation form CJSTC-83 revisions; Canine Team Instructor Course training requirements; new Canine Team Instructor Performance Evaluation form CJSTC-20; Specialized Training Documentation form CJSTC-16 revisions; retired Canine Team Training Instructor Course 1107; new Canine Team Training Instructor Course 1199; new STEP Course for Red Light Cameras; new Florida Law Enforcement Academy program; correctional officer training exemption topics updates; correctional probation officer training exemption topics updates; Equivalency-of-Training form CJSTC-76 revisions; and housekeeping revisions - grammatical revisions and update of paragraph numbers.

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(1)(a), 943.17, 943.175, 943.25 FS.

PRINT PUBLISH DATE:

1/7/2014 Vol. 40/04

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(1)(a), 943.17, 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=1/7/2014&Section=1

REFERENCE MATERIALS:

No reference(s).

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