15904137, 11B-27.0011 - Florida Administrative Rules, Law, Code, Register

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Notice: 15904137

Notice of Proposed Rule

Department:

DEPARTMENT OF LAW ENFORCEMENT

Division:

Criminal Justice Standards and Training Commission

Chapter:

CERTIFICATION AND EMPLOYMENT OR APPOINTMENT

Overview

RULE:

11B-27.0011	Moral Character
11B-27.002	Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers
11B-27.013	Canine Team Certification

PURPOSE:

11B-27.0011(4)(c):  Repeals form CJSTC-85, entitled Recommended Response to Resistance and Levels of Resistance, due to Graham vs. Connor Case Law incorporated in the Commission’s Curriculum.
11B-27.002(3)(a)11.:  Changes the name and contents of form CJSTC-76 from “Equivalency-of-Training” to “Exemption-From-Training”; and changes the name and contents of form CJSTC-76A from “Equivalency-of-Training Proficiency Demonstration” to “Exemption-From-Training Proficiency Demonstration” to add exemptions to prevent individuals from having to retake a basic recruit program.  
11B-27.002(4)(b):  Makes grammatical change by replacing “has not complied” with “fails to comply”.
11B-27.013(1)(a):  Revises “tracking and trailing” terminology for consistency with other rule language sections.
11B-27.013(1)(b):  Adds language prohibiting a canine evaluator from verifying equivalent training that he or she delivered to maintain the integrity of the canine evaluator.
11B-27.013(1)(c):  Clarifies that “equivalent training” includes Canine Team Training Course number 1198 (not delivered at Commission-certified training school), or any canine team training course other than the Commission-approved Canine Team Training Course number 1198; and shall be a minimum of 480 hours and shall comply with the goals and objectives of the Canine Team Training Course number 1198.  For a previously Commission-certified handler assigned a new canine, equivalent training shall refer to the 80-hour minimum training requirement.
11B-27.013(2):  Revises the paragraph numbering to include the list of requirements for canine team certification in sub-paragraph (2)(a)-(e) and moves the unrelated language regarding the Canine Team Certification Application form CJSTC-70 to sub-paragraph (2)(e) of this rule section.
11B-27.013(2)(b):  Provides certification deadline of October 31, 2015, for canine teams that took the retired Canine Team Training Course number 1112 before November 6, 2013 to ensure that canine teams acquire new certification on a timely basis.
11B-27.013(2)(e):  Moves language from paragraph (2) to sub-paragraph (2)(e) of this rule section to introduce and incorporate the Canine Team Certification Application form CJSTC-70.
11B-27.013(2)(e):  Updates the Canine Team Certification Application form CJSTC-70 to clarify the types of canine training delivered by the training school and requires the FDLE Field Specialist to sign the completed form to certify the canine team has complied with the provisions of Rule 11B-27.013, F.A.C.
11B-27.013(3)(a):  Clarifies the completion of the Canine Team Certification Application form CJSTC-70 as documentation to apply for canine team certification and moves language from paragraph (2) to this rule section.
11B-27.013(3)(b):  Clarifies and introduces a list of required documentation for successful completion of canine team training.
11B-27.013(3)(b)2.:  Introduces and incorporates the Canine Course Equivalency Checklist form CJSTC-70A as documentation of the successful completion of an equivalent training course.
11B-27.013(3)(b)2.a.-b.:  Clarifies “equivalent training” as the Canine Team Training Course number 1198 not delivered at Commission-certified training school, or any canine team training course other than the Commission-approved Canine Team Training Course number 1198; and shall be a minimum of 480 hours and shall comply with the goals and objectives of the Canine Team Training Course number 1198.  For a previously Commission-certified handler assigned a new canine, equivalent training shall refer to the 80-hour minimum training requirement.
11B-27.013(3)(b)3.:  Clarifies that the Commission-approved canine evaluator verifies and does not approve equivalent curriculum and allows the Commission-certified Canine Instructors to teach courses without the approval of a Commission-approved canine evaluator.
11B-27.013(3)(c)-(d)1.-4.:  Renumbers paragraph 11B-27.013(3) and removes redundant rule language about canine team certification that appears in this same rule section.
11B-27.013(3)(c):  Updates the Canine Team Performance Evaluation form CJSTC-83 to add more documentation of proficiency skills to the form.
11B-27.013(c)5.:  Clarifies the course “number 1198” is entitled Canine Team Training Course to identify the course.
11B-27.013(c)6.:  Clarifies the course “number 1198” is entitled Canine Team Training Course to identify the course.
11B-27.013(c)7.:  Removes repetitive language from other rule sections to clarify the required documentation for canine team training.
11B-27.013(4)(b)-(c):  Clarifies the canine team certification requirement to ensure the deficiency notification process is consistent with other instructor certifications and renumbers rule section.
11B-27.013(5)(c):  Removes redundant and unrelated language about the certification process.
11B-27.013(6)(a)-(c):  Revises the Canine Team Certification Deficiency Notification form CJSTC-270 by removing the word “Application” from the title and clarifies the process for addressing deficiencies of canine team applicant files.
11B-27.013(7):  Revises the paragraph numbering of Rule 11B-27.013(7), introduces list of requirements for evaluator applicants, and removes unnecessary language.
11B-27.013(7)(a)-(c):  Clarifies “tracking and trailing” terminology and updates renumbering for consistency with other rule language sections.

SUMMARY:

Repeals the form CJSTC-85, entitled Recommended Response to Resistance and Levels of Resistance; revises the names of the Exemption-From-Training form CJSTC-76 and the Exemption-From-Training Proficiency Demonstration form CJSTC-76A to mirror language in the statute; makes grammatical change by replacing “has not complied” with “fails to comply”; updates term “tracking and trailing”; removes unnecessary language for consistency with other rule language and adds language to maintain the integrity of the canine evaluator; specifies the courses that qualify for “equivalent training”; includes the requirements for canine team certification and moves unrelated language about canine team documentation to another section; adds a certification deadline of October 31, 2015 to ensure that canine teams acquire new certification on a timely basis; explains the use of the Canine Team Certification Application form CJSTC-70 for canine team certification; updates the Canine Team Certification Application form CJSTC-70 to comply with rule provisions; adds language to specify the Canine Team Certification Application form CJSTC-70 is required documentation for canine team certification; introduces the training required for canine teams; adds language to clarify the Canine Team Certification Application form CJSTC-70 is required documentation for an equivalent training course; specifies the courses that qualify for “equivalent training” includes the Canine Team Training Course number 1198 not delivered at Commission-certified training school or any canine team training course other than the Commission-approved Canine Team Training Course number 1198; allows the Commission-certified Canine Instructors to teach courses without the approval of a Commission-approved canine evaluator; renumbers paragraph 11B-27.013(3) and removes redundant rule language; revises the Canine Team Performance Evaluation form CJSTC-83; adds “number 1198” to the Canine Team Training Course to identify the course number; removes repetitive language; Clarifies the canine team certification requirement and ensures the deficiency notification process is consistent with other instructor certifications; removes redundant and unrelated language; updates the name of the Canine Team Certification Deficiency Notification form CJSTC-270 and clarifies the inspection process of canine team applicant files; provides list of requirements for approval of evaluator status and changes terms for consistency; and updates term “tracking and trailing”, makes grammatical change, and revises paragraph renumbering of rule section.

RULEMAKING AUTHORITY:

943.03(4), 943.12(1) FS.

LAW:

943.13(7), 943.1395(7), 943.12(3), 943.13, 943.133, 943.139, 943.1395, 943.12(16) FS.

PRINT PUBLISH DATE:

4/16/2015 Vol. 41/74

COMMENTS:

From 4/16/2015 To 5/7/2015 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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