AGENDA

FLORIDA DEPARTMENT OF LAW ENFORCEMENT

June 26, 2001

 

ITEM 1. Respectfully submit the Minutes of the February 27, 2001 Cabinet Meeting for approval.

(See Attachment 1.)

RECOMMEND APPROVAL

ITEM 2. Respectfully submit the Florida Department of Law Enforcement Quarterly Performance Report FY 2000-01 3rd Quarter May 2001, with CONTRACTS, AGREEMENTS AND PURCHASES OVER $100,000 FOR JANUARY 1^ST THRU MARCH 31^ST 2001 attached.

(See Attachment 2.)

RECOMMEND APPROVAL

ITEM 3. 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. If FDLE receives approval, the adopted rules will take effect on or after July 30, 2001.

(See Attachment 3.)

RECOMMEND APPROVAL

The rule package submitted to the Governor and Cabinet for approval pertains primarily to substantive changes in Chapter 11B - the Criminal Justice and Standards Training Commission’s creation of rule language to accommodate the implementation of the CMS (Curricula Maintenance System) Application-Based Basic Recruit Training Program, which is a scenario based training course, and 11D-8 - Implied Consent and Alcohol, which involves a substantial rewrite of the rules. In addition, the updating of statutory and case law language, reorganization and "housekeeping" pursuant to the Florida Administrative Procedure Act are included in this rule package. The following is a summary of rules containing substantive changes:

Rule 11B-20.001 Minimum Requirements for General Certification of Instructors

The proposed amendment organizes and clarifies the process and minimum requirements for general certification of instructors and identifies when exemptions from Commission certification are allowable and necessary because of the implementation of the CMS Application-Based Basic Recruit Training Program. (See pp. 3 and 25-29.)

Rule 11B-20.0012 Revocation of Instructor Certification

(1)(e) - The proposed amendment defines gross incompetence, which is a revocable offense. (See pp. 3 and 29.)

Rule 11B-20.0013 Commission Instructor Certification Categories; (See pp. 4 and 29-31.)

Rule 11B-20.0014 Minimum Requirements for High-Liability and Specialized Topics Instructor Certification

Rule 11B-20.0015 Minimum Requirements to Instruct the CMS Application-Based Basic Recruit Training Programs

Rule 11B-20.0016 Inspection of Instructor Certification Applications;(See pp. 5 and 31-32.)

Rule 11B-20.0017 Duration and Renewal of Instructor Certifications;(See pp. 5 and 32.)

Rule 11B-20.0018 Commission Instructor Certification Application. (See pp. 5 and 32.)

The proposed amendments create these new sections as a result of the re-organization and clarification of the rule chapter and are necessary because of the implementation of the CMS Application-Based Basic Recruit Training Program.

Rule 11B-21.005 Criminal Justice Training School Requirements for Certification

(3)(a) - The proposed amendment defines training center director’s designee.

(9) - The proposed amendment outlines the requirements of the training schools regarding the implementation of basic abilities testing. (See pp. 6 and 32-34.)

Rule 11B-30.0061 State Officer Certification Examination and Retake Eligibility Requirements for Individuals Completing the Traditional Basic Recruit Training Program Prior to September 1, 2001

The proposed amendment creates this section, which identifies examination requirements and retake policy for the five-section examination and which is necessary because of the implementation of the CMS Application-Based Basic Recruit Training Program. (See pp. (9, 35-36, and 38.)

Rule 11B-30.0062 State Officer Certification Examination and Retake Eligibility Requirements or Individuals Completing a Basic Recruit Training Program on or after September 1, 2001

The proposed amendment creates this section, which identifies the examination requirements and retake policy for the single-section, overall pass examination and which is necessary because of the implementation of the CMS Application-Based Basic Recruit Training Program. (See pp. 9, 35-36, and 38-39.)

Rule 11B-30.0063 CMS Application-Based State Officer Certification Examination and Retake Eligibility Requirements

The proposed amendment creates this section, which outlines the process and requirements for the CMS Application-Based examination. (See pp. 9, 35-36, and 39.)

Rule 11B-30.007 Application for the State Officer Certification Examination and Notification Process; (See pp. 10, 35-36, and 39.)

Rule 11B-30.008 State Officer Certification Examination Site Administration; (See pp. 10, 35-36, and 41-42.)

Rule 11B-30.009 Applicant Conduct at Test Site and Notice of Protection of Program Privileges; (See pp. 10, 35-36, and 42.)

Rule 11B-30.011 Examination Scoring and Grade Notification; (See pp. 10, 35-36, and 43.)

Rule 11B-30.012 Post Review of Examination Questions, Answers Papers, Grades, and Grading Key (See pp. 10, 35-36, and 43-44.)

The proposed amendments to these sections are a result of the re-organization and clarification of the rule chapter and are necessary because of the implementation of the CMS Application-Based Basic Recruit Training Program.

Rule 11B-30.0071 Examination Accommodations for Applicants with Disabilities

The proposed amendment creates this section, which outlines the accommodations that will be made or the administration of the certification examination for applicants with documented disabilities. (See pp. 10, 35-36, and 40-41.)

Rule 11B-35.001 General Training Programs; Requirements and Specifications

(6) - The proposed amendment creates this section to allow for the CMS field test.

(7)(d)10 - The proposed amendment was created to provide a reporting mechanism to comply with the statutory mandate for criminal history checks on students in basic recruit training programs. (See pp. 12 and 45-47.)

Rule 11B-35.0011 Basic Abilities Requirements for Applicant Admission into a Law Enforcement, Correctional, and Correctional Probation Basic Recruit Training Programs

The proposed amendment creates the requirement to pass a basic abilities test prior to entrance into a basic recruit training program. (See pp. 12 and 47.)

Rule 11B-35.002 Basic Recruit Training Programs; Law Enforcement, Correctional, and Correctional Probation

(4) – (5) - The proposed amendments distinguish the traditional basic recruit training programs from the CMS Application-Based Basic Recruit Training Programs. (See pp. 12 and 47-49.)

Rule 11B-35.0021 Basic Recruit Training Programs for Student to Instructor Ratios and Minimum Requirements (See pp. 12 and 49.)

(1) - The proposed amendments define "actively engaged" as it relates to firearms training.

(3) - The proposed amendment defines "actively engaged" as it relates to defensive tactics training.

(5) - The proposed amendment defines the student to instructor ratio required for instruction of medical first responder training.

Rule 11B-35.0022 Basic Recruit Training Programs for Student Performance in Comprehensive End-of-Course Examinations

(3)(d) - The proposed amendment clarifies the process for Commission-certified criminal justice training schools to establish a re-examination policy. (See pp. 12 and 49-50.)

Rule 11B-35.0024 Basic Recruit Training Programs for Student High Liability Proficiency, Knowledge, Skills, and Abilities (See pp. 13 and 50.)

(2) - The proposed amendment clarifies the Commission’s re-examination policy as it relates to the High Liability Training course and is necessary because of the implementation of the CMS Application-Based Basic Recruit Training Program.

(5) - The proposed amendment repeals language that was unlawful delegation of authority.

Rule 11B-35.010 Exemption from Basic Recruit Training for Out-of-State or Federal Officers; Policy and Exemption Application Procedures

The proposed amendment clarifies acceptable applicant experience to qualify for the exemption from basic recruit training. (See pp. 13 and 52-53.)

Chapter 11D-6.003 DNA Database Collection

On July 1, 2000, Florida Statutes were amended to include persons convicted of burglary among the list of offenders required to submit blood specimens for inclusion in the FDLE DNA Database. The FDLE form utilized by state and local agencies to document each submission of a blood sample to FDLE’s DNA Database was updated to reflect the statutory change. The rule is being amended to incorporate the current version of the form. (See pp. 16 and 54-55.)

Chapter 11D-8 Implied Consent and Alcohol

A substantial rewrite of the breath and blood alcohol testing rules is necessary due to problems in the enforcement of the present rules, changes in alcohol tests technology and terminology and court decisions which address the sufficiency of present rules. The most significant changes include: (See pp. 17-19 and 55.)

Rule 11D-8.002 Definitions

The proposed amendments redefine existing terms and create a new term. (See pp. 17-18 and 55-56.)

Rule 11D-8.0035 Approval of Alcohol Reference Solution and Sources

The proposed amendments simplify the alcohol reference solution analysis and delete obsolete processes. (See pp. 18 and 57.)

Rule 11D-8.006 Agency Inspection of Breath Test Instruments (See pp. 17 and 58.)

Rule 11D-8.0075 Agency Retention of Records (See pp. 18 and 58.)

The proposed amendments are intended to strengthen oversight over agency inspection procedures, assure the proper preparation and preservation of breath testing records and hold agencies accountable for compliance.

Rule 11D-8.008 Breath Test Operator and Agency Inspector (See pp. 18, 55, and 58-59.)

Rule 11D-8.010 Qualifications for Instructors (See pp. 18, 55, and 59-60.)

The proposed amendments reorganize and clarify qualifications for original ATP permits and renewals and emphasize accountability of permit holders.

Rule 11D-8.012 Blood Samples – Labeling and Collection

Amendments include revisions required by the Florida Supreme Court in the Miles decision, regarding the collection, protection and preservation of blood samples. (See pp. 18-19 and 60.)

Rule 11D-8.015 Denial, Revocation, and Suspension of Permits

The proposed amendments provide for accountability of permit holders for rule requirements and enable ATP to better regulate permit holders and registered breath test instruments. (See pp.17, 19, and 60-61.)

Rule 11D-8.017 The following forms referenced in these rules are hereby incorporated by reference. (See pp. 17 and 61.)

Chapter 11G-2 Medical Examiner; Standard Investigation Procedures

The amendments to Rule 11G-2.004 and creation of Rule 11G-2.006, F.A.C., establish parameters or guidelines of practice or standards of conduct relating to examinations, investigations, or autopsies performed by medical examiners pursuant to s. 406.11, F.S. (See pp. 21 and 62-64.)

Cabinet Affairs Contact

Assistant Commissioner Daryl G. McLaughlin

410-7001