AGENDA

FLORIDA DEPARTMENT OF LAW ENFORCEMENT

July 25, 2000

ITEM 1. Respectfully submit the minutes of the May 23, 2000 Cabinet Meeting for approval.

(See Attachment 1.)

RECOMMEND APPROVAL

ITEM 2. Respectfully submit the Florida Department of Law Enforcement Annual Performance Report Fiscal Year 1999-2000; CONTRACTS, AGREEMENTS, AND PURCHASES OVER $100,000 FOR APRIL thru JUNE 2000 attached.

(See Attachment 2.)

RECOMMEND APPROVAL

ITEM 3. Respectfully submit the Florida Department of Law Enforcement Annual Performance Contract Fiscal Year 2000-01.

(See Attachment 3.)

RECOMMEND APPROVAL

ITEM 4. Pursuant to 120.54(3)(a)(1), F.S., prior to the filing of agency rules for final adoption, the rules shall be approved by the agency head. Respectfully submit the following rules for final adoption in Title 11 of the Florida Administrative Code.

(See Attachment 4.)

11-1: General Information

Proposed revisions to Rule 11-1.0041, F.A.C., provide for the delegation of authority by the Governor and Cabinet, as Head of the Florida Department of Law Enforcement, to the Executive Director or the Director’s designee, to implement the provisions of the Administrative Procedure Act, Chapter 120, F.S., regarding final agency action. The proposed revisions clarify that the compromise and settlement of claims, actions, and other legal proceedings are subject to s. 45.062, F.S. (See pp. 1-6.)

11B-14: Salary Incentive Program

Proposed amendments 11B14.002–11B14.003, F.A.C., clarify and update language and delete obsolete language. (See pp. 7-21.)

11B-18: Criminal Justice Standards & Training Trust Funds

Proposed amendments 11B18.004-11B18.009, F.A.C., clarify and update language, delete obsolete language, and track statutory language. (See pp. 22-51.)

11B-20: Certification of Criminal Justice Training Instructors

Proposed amendments 11B-20.001 – 11B-20.0012, F.A.C., clarify and update language, delete obsolete language, and track statutory language. (See pp. 52-68.)

11B-21: Certification of Criminal Justice Training Schools

Proposed amendments 11B-21.001 – 11B-21.0018, F.A.C., clarify and update language, delete obsolete language, track statutory language, and incorporate new forms. (See pp. 69-99.)

11B-27: Certification and Employment or Appointment (See pp. 100-152.)

The proposed amendments to 11B-27.0011(4)(c)8, a – k, F.A.C., relate to conduct that subverts or attempts to subvert the examination process for the Commission-approved criminal justice training schools.

The proposed amendments to 11B-27.0022(1)-(2), F.A.C., include removing the Commission’s Background Investigation Manual, which contains statutory and recommended procedures, from incorporation into the Criminal Justice Standards and Training Policies and Procedures Manual. Statutory requirements concerning background investigations have been included in rule, i.e., urine sampling, neighborhood checks, and record checks.

The proposed amendment to 11B-27.0023(2)3, F.A.C., includes adding new rule language to support the statutory requirement of Section 943.1715 and 943.1716, F.S., regarding training for officers in the subject of interpersonal skills relating to diverse populations.

11B-30: Officer Certification Examination

The proposed amendment to 11B-30.014, F.A.C., includes passage of the State Officer Certification Examination for officers who complete the new Application-Based Officer Certification Examination pursuant to the examination and eligibility requirements of Rule 11B-30.006(3), F.A.C. (See pp. 153-182.)

11B-34: Indexing, Management and Availability of Final Orders

The repeal of 11B-34.007, F.A.C., is necessary to comply with Chapter 120.74, F.S., housekeeping requirements. The rule is redundant, obsolete, or is superseded by statute. (See pp. 183-190.)

11B-35: Training Programs (See pp. 191-233.)

The proposed amendment to 11B-35.002 (2)(e), F.A.C., includes removing determination of institutional sequencing of Basic Recruit Training Courses by Commission-approved criminal justice training schools.

The proposed amendment to 11B-35.0021(3), F.A.C., includes student to instructor ratio requirements for the new 38-Hour Preparation for Defensive Tactics course.

The proposed amendment to 11B-35.003(2), F.A.C., includes rule language requiring the Auxiliary Officer Prerequisite Course to be completed at a Commission-certified criminal justice training school, and also removes the hourly requirement for high-liability training courses.

11C-6: Criminal History Records Dissemination Policy

Proposed revisions to Rules 11C-6.003-6.005 and 11C-6.009, F.A.C., address and update procedures and fees for obtaining computerized criminal histories through internet access and procedures for obtaining criminal history records under the National Child Protection Act (Foley Act) and update the statutory history section of the rules. (See pp. 545-604.)

11C-7: Criminal History Records Expunction and Sealing Policy

Amendments to 11C-7.006 - 7.008, F.A.C., reflect various housekeeping changes. (See pp. 605-612.)

11D-6: DNA Database Collection

Proposed revisions to Rules 11D-6.001 and 6.003, F.A.C., update the rule language pertaining to the collection of submission of blood samples to the DNA Database maintained by the Florida Department of Law Enforcement pursuant to s. 120.74, F.S. (See pp. 613-618.)

11F: Division of Staff Services

The proposed repeal of Rules 11F-1.001 through 11F-1.003, F.A.C., inclusive, is necessary to eliminate administrative rules that are redundant, obsolete, or superseded by statute or rule, and to comport with the statutory requirements of Chapter 120, Florida Statutes. (See pp. 619-623.)

11G: Medical Examiners Commission

Proposed amendments to 11G-1.001-11G-1.002, F.A.C., clarify and update language, delete obsolete language, and track statutory language. (See pp. 624-628.)

Proposed amendments to 11G-2.001-11G-2.002, F.A.C., clarify and update language, delete obsolete language, and track statutory language. (See pp. 629-633.)

11L: Office of Executive Investigations

The proposed repeal of Rules 11L-1.001 through 11L-1.004, F.A.C., inclusive, is necessary to eliminate administrative rules that are redundant, obsolete, or superseded by statute or rule, and to comport with the statutory requirements of Chapter 120, Florida Statutes. (See pp. 634-638.)

11N: Violent Crime Emergency Account

The proposed amendment to 11N-1.004, F.A.C., revises the form for application for emergency funding. (See pp. 639-648.)

RECOMMEND FINAL APPROVAL

Cabinet Affairs Contact

Assistant Commissioner Daryl G. McLaughlin

410-7001