AGENDA

FLORIDA DEPARTMENT OF LAW ENFORCEMENT

October 8, 2002

ITEM 1.
Respectfully submit the minutes of the September 10, 2002 Cabinet meeting for approval.

(See Attachment 1.)

RECOMMEND APPROVAL

ITEM 2.
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 October 31, 2002.

(See Attachment 2.)

RECOMMEND APPROVAL

The rule package submitted to the Governor and Cabinet for approval pertains to the agency-wide updating of rules due to legislative changes in statutes; changes in curriculum, including adding the Curriculum Management Systems Application-based Program (CMS) as a permanent training program; the transfer of language in the Criminal Justice Policy and Procedures Manual to rule sections; updating of agency forms and clarification of existing language. The following is a list of rules involving substantive changes:

The revisions to Chapter 11B, the Criminal Justice and Standards Training Commission include:

Rule 11B-14.005: Annual Salary Incentive Compensation Report. The proposed rule language creates a new rule section outlining the statutorily mandated Annual Salary Incentive Compensation Report. The new section also lists the inactive advanced training courses eligible for salary incentive payments. (See p. 2 and pp.3162 and 3167.)

Rule 11B-18.010: Criminal Justice Standards and Training Commission Fiscal Program Audits and Instruction and Facility Evaluations. The proposed rule language creates a new rule section to address annual audits and to provide for disciplinary action, pursuant to Section 943.12, F.S., and Rule 11B-21.018, F.A.C., upon notice of a training school’s noncompliance with audit policies and procedures. (See p. 3 and pp. 3168 and 3177.)

Rule 11B-20.0012: Denial and Revocation of Instructor Certification. The proposed rule language adds new rule language to allow for the denial of instructor certifications. (See p. 4 and pp.3178 and 3180-3181.)

Rule 11B-20.0013: Commission Instructor Certification Categories. The proposed rule language adds the new Curriculum Management System (CMS) instructor certifications to prepare for the CMS Application-Based Law Enforcement Basic Recruit Training Program. This application-based scenario training program was field-tested last year. (See p. 4 and pp. 3178 and 3181.)

Rule 11B-20.0014: Minimum Requirements for High-Liability and Specialized Topics Instructor Certification. The proposed rule language adds the new CMS certifications to prepare for the CMS Application-Based Law Enforcement Basic Recruit Training Program in the high-liability topics and Breath Test Instructor courses. (See p. 4 and pp. 3178 and 3181-3185.)

Rule 11B-20.0017: Maintenance and Duration of Instructor Certifications. The proposed rule revisions change the requirements for instructor certifications by implementing new requirements whereby instructor certifications are maintained and do not expire; includes rule language for Commission certification and maintenance of the Alcohol Testing Program’s Breath Test Instructors. (See p. 4 and pp. 3178 and 3185-3186.)

Rule 11B-21.018: Criminal Justice Training School Disciplinary Guidelines and Revocation of Certification. The proposed rule revisions expand disciplinary guidelines for training schools. (See p. 5 and pp. 3186 and 3192-3193.)

Rule 11B-21.019: Criminal Justice Training School Inspections. The proposed rule revisions create a new rule section to support the Commission’s authority for administration and instruction of Commission-approved training by providing for the inspection of training schools. (See p. 5 and pp. 3186 and 3193.)

Rule 11B-27.0011: Moral Character. The proposed rule revisions add new offenses to Rule 11B-27.0011(4) regarding sex on duty, sex observed by others, subverting or attempting to subvert the Commission’s Basic Abilities Test, noncompliance with Chapter 943, F.S., by an agency, and making false statements under oath. (See p. 6 and p.3194-3196.)

Rule 11B-27.002: Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers. The proposed rule revisions add the statutorily mandated Equivalency of Training Proficiency of Demonstration, form CJSTC-76A, out-of-state, federal, or inactive Florida officer of four or more years, pursuant to Section 943.131(2), F.A.C., to exempt these officers from completing a basic recruit training program or the qualification course and requiring demonstration of proficiency in the high-liability topics and the State Officer Certification Examination. (See p. 6 and pp. 3194 and 3196.)

Rule 11B-27.0022: Background Investigations. The proposed rule revisions incorporate the statutorily required Authority for Release of Information, form CJSTC-58, for agencies to obtain previous employment data from prior employers pursuant to Section 943.13(4), (5), and (7), F.S. (See p. 6 and pp. 3194 and 3202-3203.)

Rule 11B-27.005: Revocation or Disciplinary Actions; Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances. The proposed rule revisions expand violations that constitute failure to maintain good moral character. (See p. 6 and pp. 3194 and 3206-3208.)s

Rule 11B-27.013: Canine Team Certification. The proposed rule revisions clarify canine team certification by defining canine team evaluators and expanding existing rule language regarding Patrol Canine Team Certification and renewal of certification. (See p. 6 and pp. 3194 and 3208-3210.)

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 rule revisions repeal this rule section because of the removal of the Five-Section Examination. (See p. 7 and pp. 3210 and 3212.)

Rule 11B-30.0062: State Officer Certification Examination and Retake Eligibility Requirements for Individuals Completing the Traditional Basic Recruit Training Program. The proposed rule revisions provide for the incorporation of the One-Section Examination regardless of when training was completed. (See p. 7 and pp. 3210 and 3212.)

Rule 11B-30.008: State Officer Certification Examination Site Administration. The proposed rule revision incorporates the statutorily mandated Equivalency of Training Proficiency of Demonstration, form CJSTC-76A, out-of-state, federal, or inactive Florida officer of four or more years, pursuant to Section 943.131(2), F.A.C., to exempt these officers from completing a basic recruit training program or the qualification course and requiring demonstration of proficiency in the high-liability topics and the State Officer Certification Examination. (See p. 7 and pp. 3210 and 3213.)

Rule 11B-30.011: Examination Scoring and Grade Notification. The proposed rule revision removes all other grading scores in this rule section and states that a grading score of 80 or higher is required to pass the State Officer Certification Examination. (See p. 7 and p. 3214.)

Rule 11B-35.001: General Training Programs; Requirements and Specifications. The proposed rule revisions require training schools to register students within 30 days of starting a basic recruit training program and to update student files upon course completion; clarify student attendance requirements; and add operational definitions. (See pp. 8-9 and

Rule 11B-35.0011: Basic Abilities Requirements for Applicant Admission into a Law Enforcement, Correctional, and Correctional Probation Basic Recruit Training Program. The proposed rule revisions include rule language concerning inappropriate conduct while taking the Commission’s Basic Abilities Test and the consequences thereof. (See pp. 8-9 and pp. 3215-3216 and 3220.)

Rule 11B-35.002: Basic Recruit Training Programs for Law Enforcement, Correctional, and Correctional Probation. The proposed rule revisions include language concerning the new CMS Application-Based Basic Recruit Training Program; list the new CMS High-Liability Courses; and remove the Correctional Probation Officer College Level Training Program courses. (See pp. 8-9 and pp. 3215-3216 and 3220-3222.)

Rule 11B-35.0021: High-Liability Proficiency Training. The proposed rule revisions include student to instructor ratios for high-liability training, basic recruit training, instructor courses, and specialized training program courses. (See pp. 8-9 and pp. 3222-3233.)

Rule 11B-35.0023: Student Transfers within Basic Recruit Training Programs. The proposed rule revisions include rule language regarding the new CMS Application-Based Basic Recruit Training Program regarding student transfers. (See pp. 8-9 and pp. 3215-3216 and 3233-3224.)

Rule 11B-35.0024: Student Performance in Commission-approved High-Liability Basic Recruit Training Courses and High-Liability Instructor Training Courses. The proposed rule revisions restructure and expand this rule section regarding demonstration of high-liability proficiency skill requirements for officers. (See pp. 8-9 and pp. 3215-3216 and pp. 3224-3226.)

Rule 11B-35.003: Basic Recruit Training Programs for Law Enforcement and Correctional Auxiliary Training. The proposed rule revisions include the new CMS High-Liability Training Courses and statutorily mandated courses for the Auxiliary Basic Recruit Training Programs. (See pp. 8-9 and pp. 3215-3216 and p. 3226.)

Rule 11B-35.004: Traditional Basic Recruit Training Programs; Cross-Over Training for Law Enforcement, Correctional, and Correctional Probation Officers. The proposed rule revisions include incorporation of the new CMS High-Liability Training Courses. (See pp. 8-9 and pp. 3215-3216 and 3226-3227.)

Rule 11B-35.006: Advanced Training Program. The proposed rule revisions include the addition of some Advanced Training Courses and the deletion of others. (See pp. 8-9 and pp. 3215-3216 and 3227-3228.)

Rule 11B-35.007: Specialized Training Program. The proposed rule revisions restructure and expand this rule section regarding development of goals and objectives; and list the Specialized Instructor Training Courses, Specialized Training Program Courses not approved as Advanced Training Courses, and continuing training courses in interpersonal skills relating to human diversity. (See pp. 8-9 and pp. 3215-3216 and 3228-3230.)

Rule 11B-35.008: State Officer Certification Examination Qualification Course Requirements. The proposed rule revisions repeal this rule section because out-of-state, federal, and inactive Florida officers are not required to complete a qualification course or the Commission’s basic recruit training course, but are required to pass the State Officer Certification Examination, pursuant to Section 943.131(2), F.S. (See pp. 8-9 and pp. 3215-3216 and 3285.)

Rule 11B-35.009: Exemption from Basic Recruit Training. The proposed rule revisions incorporate the statutorily mandated Equivalency of Training Proficiency of Demonstration, form CJSTC-76A, out-of-state, federal officer, or inactive Florida officer of four or more years, pursuant to Section 943.131(2), F.A.C., to exempt these officers from completing a basic recruit training program or the qualification course and requiring demonstration of proficiency in the high-liability topics and the State Officer Certification Examination. (See pp. 8-9 and pp. 3215-3216 and 3231-3232.)

The revisions to Chapter 11C-7, Criminal History Records Dissemination Policy, are based upon newly enacted section 943.0583, F.S., and create a new rule section that sets out the procedures to expunge a juvenile criminal history record. (See p. 11 and pp. 3235-3236.)

The revisions to Chapter 11D-6, DNA Database Collection, are based upon newly enacted section 943.325, F.S., and add “other approved biological specimen” (in addition to blood specimens) for inclusion in the FDLE DNA database. (See p. 12 and pp. 3235-3237.)

The revisions to Chapter 11D-8, Implied Consent and Alcohol Testing Program, are based upon the approval of a new breath test instrument for use in Florida; approval of training curricula and certification of Breath Test Instructors by the Criminal Justice Standards and Training Commission; and the updating of qualifications and proficiency requirements for blood alcohol analysts. (See p. 13 and pp. 3238-3245.)

The revisions to Chapter 11D-9, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program, are the result of the transfer of the Byrne Grant Program from the Department of Community Affairs (DCA) to the FDLE, pursuant to Chapter 2001-184, Florida Laws. Rule promulgation is necessary to establish Byrne Grant rules under the authority of FDLE, and to incorporate changes to conform federal enabling legislation and related program policy as implemented in Florida. (See p. 14 and pp. 3245-3250.)

The revisions to Chapter 11I-1, Disciplinary Procedures and Standards, are updated to delete references to Department of Management Service rules that have been repealed. (See pp. 3250-3253.)

The revisions to Chapter 11N-1, dealing with the Violent Crime and Drug Strategy Implementation Account, add criteria to determine what constitutes a “significant drug trafficking organization” for purposes of determining matching grant funding for law enforcement agencies. (See p. 15 and pp. 3253-3256.)

Cabinet Affairs Contact
Assistant Commissioner Daryl G. McLaughlin
410-7001