Fla. Admin. Code tit. 11 | Fla. Admin. Code Title 11 — Department of Law Enforcement

Division 11B Criminal Justice Standards and Training Commission

Chapter 11B-14 SALARY INCENTIVE PROGRAM

Fla. Admin. Code R. 11B-14.001 Definitions

For the purpose of this rule chapter, the definitions of “employing agency,” “law enforcement officer,” “correctional officer,” “correctional probation officer,” and “Commission,” pursuant to Section 943.10, F.S., and the definitions of “community college degree or equivalent,” “bachelor’s degree,” and “accredited college or university or community college,” pursuant to Section 943.22, F.S., shall be deemed controlling. The definition of “law enforcement officer” also includes those elected officers who, pursuant to Section 943.253, F.S., choose to participate in the Salary Incentive Program. In addition, for the purpose of this rule chapter, the term “officer” is limited to include “law enforcement officer,” “correctional officer,” or “correctional probation officer,” pursuant to Section 943.10(14), F.S. Further, in order to provide effectively for the administration of the Salary Incentive Program, certain additional definitions are necessary, therefore, the following words or phrases shall have these meanings:

(1) “Career Development Training Course” means course in the Commission-approved Career Development Training Program that consists of advanced or technical training related to promotion to a higher rank or position pursuant to Section 943.17(1)(c), F.S.

(2) “Federal or Private Training” means a Commission-approved training program that enhances an officer’s knowledge, skills, and abilities for the job performed and is approved by the Commission for salary incentive payment. Commission-approved Federal or Private Training Programs are listed in subsection 11B-14.002(4), F.A.C.

(3) “Advanced Training Course” means a course in the Commission-approved Advanced Training Program that enhances an officer’s knowledge, skills, and abilities for the job performed, pursuant to Section 943.17(1)(b), F.S.

(4) “Annual Salary Incentive Compensation Report” means “a computerized report prepared annually,” that lists for each agency the name of its officers, date of employment, and correct monthly payments by the type of salary incentive an officer is eligible to receive, and contains the required signature lines, pursuant to Section 943.22(2)(i), F.S.

(5) “Officer” means an individual who meets the statutory requirements pursuant to Section 943.13, F.S.

(6) “Educational Training” means an associate’s degree, equivalent, or bachelor’s degree pursuant to Sections 943.22(2)(b), (c), F.S.

(7) “ATMS” means the Commission’s Automated Training Management System.

(8) “Basic Recruit Training Program” means Commission-approved Basic Recruit Training Programs for law enforcement, correctional, and correctional probation officers.

(9) For Commission-approved Basic Recruit and Advanced Training Program Courses, the terms “successfully completed,” “successfully complete,” and “pass” are defined in subsection 11B-35.001(10), F.A.C., or for federal or private training programs, a letter from the agency head attached to the Certificate of Completion that confers the successful completion of a federal or private training program.

(10) “ATMS Global Profile Sheet” means a continuous record of criminal justice officer employment, salary incentive, mandatory training, certifications, instructor topics, examination records, equivalency of training exemption, and officer training generated from the Automated Training Management System.

History

Rulemaking Authority 943.03(4), 943.12(1), 943.22(2)(h) FS. Law Implemented 943.22 FS. History–New 8-19-72, Repromulgated 1-5-75, Amended 1-13-81, 5-16-83, 9-1-83, 1-7-85, Formerly 11B-14.01, Amended 7-13-87, 9-3-87, 12-13-92, 1-2-97, 7-7-99, 11-5-02, 11-30-04, 3-13-13, 7-19-17, 8-15-18.

Fla. Admin. Code R. 11B-14.002 General Program Provisions

(1) Section 943.22, F.S., establishes the Salary Incentive Program requirements for continued professional development of a full-time officer who is eligible to receive maximum aggregate monthly salary incentive payments in the amount of $130 for completion of Commission-approved Advanced and Career Development Training Program Courses, Federal or Private Training Programs, Educational Training, and Commission-approved Law Enforcement Basic Recruit Training Programs pursuant to Section 943.22(2)(a), F.S.

(2) Career Development Training Program Course, as defined in subsection 11B-14.001(1), F.A.C., and Advanced Training Program Course, as defined in subsection 11B-14.001(3), F.A.C., that have been successfully completed, as defined in subsection 11B-14.001(9), F.A.C., by eligible officers, shall be verified by the training center director or designee, as defined in paragraph 11B-21.005(8)(a), F.A.C. To verify successful completion of a Commission-approved Advanced or Career Development Training Program Course and to authorize salary incentive payments, a Training Report, form CJSTC-67, revised August 14, 2025, effective 5/2026, hereby incorporated by reference, https://flrules.org/Gateway/reference.asp?No=Ref-19444, shall be electronically transmitted to Commission staff through the Commission’s ATMS. Form CJSTC-67 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

(3) Pursuant to Section 943.17, F.S., Commission staff shall award 40 hours of advanced training credit for each 40 hours of criminal justice executive or management training successfully completed and approved by the Commission. Eligible officers who request to receive salary incentive payments for programs listed in paragraphs (4)(a)-(v) below, shall submit to Commission staff a written request from the officer’s agency administrator and submit a copy of the officer’s Certificate of Completion that indicates the hours completed.

(4) The following Commission-approved federal or private training is recognized as training that enhances an officer’s knowledge, skills, and abilities for the job performed. Individuals successfully completing federal or private training shall submit documentation to Commission staff for determination of course completion eligibility entitling the individual to receive salary incentive payments. However, the cost is not approved for expenditure from the Criminal Justice Standards and Training Trust Fund Officer Training Monies pursuant to subsection 11B-18.0053(3), F.A.C.:

Federal or Private Training

Code

Hours

(a) Federal Bureau of Investigation’s National Academy

700

320

(b) S.P.I. Administrative Officers’ Course

701

320

702

320

(d) Police Executive Institute

703

320

(e) National Sheriff’s Institute

704

320

(f) Northwestern Traffic Institute

705

320

(g) Federal Bureau of Prisons

706

320

(h) IPTM Principles of Police Management

707

(i) IPTM Police Traffic Management

708

(j) IPTM Supervising a Selective Traffic Law Enforcement Program

709

(k) IPTM Police Executive Development

710

(l) IPTM Electronic Spreadsheet for the Police Manager

711

(m) Federal Bureau of Investigation’s National Executive Institute

712

(n) Senior Management Institute for Police

713

(o) S.P.I. Police Executive Development

714

(p) N.I.C. Planning of New Institutions

715

(q) N.I.C. ACM: Managing the Organization

716

(r) N.I.C. Correctional Management

717

(s) N.I.C. Training for Staff Trainers

718

(t) N.I.C. Legal Issues for Institutional Personnel

719

(u) FDLE Senior Leadership Program

720

320

(v) S.P.I. Command Officer Development

721

400

(5) Training Salary Incentive Payments.

(a) Full-time officers are eligible to receive training salary incentive payment based on their date of certification, provided the officer notifies the agency of his or her eligibility to receive salary incentive payments. The date of eligibility for salary incentive payments shall be:

Determined by the date of “successful completion,” defined in subsection 11B-14.001(9), F.A.C., of a Commission-approved training course indicated on the ATMS Global Profile Sheet or the date of certification, whichever date is later, or
Determined by the date indicated on a Commission-approved training Certificate(s) of Completion, or the date of certification, whichever is later; and,
No other date shall be used to calculate training salary incentive payments.

(b) The initial salary incentive payment paid to local officers shall be pro-rated or no payment paid for the initial month of eligibility. Salary incentive payments paid to officers employed by the State of Florida shall begin in the first full calendar month following the initial date of eligibility.

(c) An officer who has been previously employed by another agency shall be paid salary incentive payments beginning on the day the officer becomes employed by an agency.

(d) Salary incentive monies for Commission-approved Advanced Training Program Courses are transferable from one discipline to another.

(6) Educational Salary Incentive Payments.

(a) State Officers. Educational salary incentive payments shall not be paid to state officers whose class specifications require a minimum of a 4-year degree or higher, pursuant to Section 943.22(2)(e), F.S.

(b) The employing agency is responsible for ensuring that the documents submitted for educational salary incentive payments are authentic and accurately reflect the credit given for academic courses successfully completed by the officer, and shall submit or electronically transmit to Commission staff through the Commission’s ATMS a completed Higher Education for Salary Incentive Report, form CJSTC-63, revised August 15, 2024, effective 3/2025, hereby incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17831. Form CJSTC-63 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

(c) Educational salary incentive payments shall begin on or after the date of notice of eligibility indicated on the transcript approval or the date of certification, whichever is later, pursuant to Section 943.22(2)(f), F.S., and no other date shall be used to calculate educational salary incentive payments.

(d) The employing agency shall obtain an official sealed transcript directly from the educational institution conferring the degree, or providing the academic credit for successful completion of courses. The employing agency shall not forward the transcript to Commission staff.

(7) Retroactive salary incentive payments are not authorized, pursuant to Section 943.22(2)(f), F.S.

(a) Retroactive salary incentive payments are not paid to an officer for any training courses completed prior to certification.

(b) Retroactive educational salary incentive payments are not paid to an officer prior to the officer providing notification of eligibility to the employing agency.

(8) Agency financial records shall be maintained to separately identify gross salary and salary incentive payments.

(9) The employing agency shall maintain all documents related to salary incentive eligibility and payments in the officer’s file.

(10) Officer Suspension or leave of absence. When an officer is suspended without pay, or takes any leave of absence without pay, the salary incentive payment for the month in which the suspension or leave of absence occurs, shall be pro-rated by the number of days or hours paid within the pay period. Salary incentive payments for subsequent months shall be withheld. When the officer returns to employment, salary incentive payments shall resume and continue beginning on the date the officer returns to employment.

(11) Separating State and Local Officers. Salary incentive payments paid to separating state and local officers shall be pro-rated by the number of days or hours worked within the month of separation.

(12) Workers’ compensation. An officer that is paid while on workers’ compensation is entitled to salary incentive payments in the same proportion as a paid salary, pursuant to Section 943.22(2)(h), F.S.

(13) In the event a state agency is not making the required salary incentive payment to an eligible officer, the Commission shall notify the Executive Office of the Governor of the discrepancy and request that appropriate action be taken to ensure compliance, pursuant to Section 943.22(2)(j), F.S.

(14) Sheriffs eligible to qualify for special qualification salary, pursuant to Sections 943.253 and 145.071, F.S., are authorized to request salary incentive payment pursuant to Section 943.22(2)(d), F.S., and shall be entitled to salary incentive payment under the programs provided in subsection (3) of this rule section. However, any executive or management courses completed to satisfy the requirements of Section 145.071, F.S., regarding special qualification salary for sheriffs, shall not be credited for salary incentive payments. Documentation shall be provided to sheriffs, by Commission staff, that verifies the number of hours credited for salary incentive payments pursuant to Section 943.22(2)(d), F.S., and the number of hours credited toward continuing education pursuant to Section 145.071(2)(c), F.S.

(15) All Forms referenced in this rule chapter may be obtained on the following web site: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx or by contacting the Florida Department of Law Enforcement, Criminal Justice Professionalism Program, Post Office Box 1489, Tallahassee, Florida 32302-1489, Attention: Bureau of Standards, Forms Liaison.

History

Rulemaking Authority 943.03(4), 943.12(1), 943.22(2)(h) FS. Law Implemented 943.22 FS. History–New 10-16-78, Amended 9-11-79, 1-13-81, 5-16-83, 1-7-85, Formerly 11B-14.02, Amended 7-13-87, 9-3-87, 5-23-88, 5-14-92, 12-13-92, 1-2-97, 7-7-99, 8-22-00, 7-29-01, 11-5-02, 11-30-04, 3-27-06, 3-21-07, 6-9-08, 3-13-13, 7-29-15, 9-4-16, 7-19-17, 5-20-21, 4-9-25, 6-4-26.

Fla. Admin. Code R. 11B-14.003 Authorized Salary Incentive Payments

Full-time law enforcement, correctional, and correctional probation officers satisfying the certification requirements of Section 943.13, F.S., who are not excluded from eligibility pursuant to Section 943.22(4), F.S., shall be eligible to participate in the Salary Incentive Program.

(1) Pursuant to Section 943.22(2)(a), F.S., the sum of $25 each month for basic salary incentive payments shall be paid to a full-time law enforcement, or a concurrently certified officer who was initially certified and employed as a law enforcement officer before July 1, 1980. Additionally, upon the reactivation of certification, an individual eligible as specified in this subsection shall again be entitled to basic salary incentive payments. A correctional or correctional probation officer shall not be entitled to basic salary incentive payments, regardless of their employment or certification date.

(2) Pursuant to Sections 943.22(2)(b) and (c), F.S., the maximum amount of educational salary incentive payments an officer may receive shall be limited to $80 each month for a bachelor or higher degree. Full-time officers who possess an associate degree or equivalent, or a higher degree from an accredited post-secondary institution, are eligible for educational salary incentive payments. However, state officers whose job class specifications require a four-year degree are not eligible to receive educational salary incentive payment pursuant to Section 943.22(2)(e), F.S. Pursuant to Section 943.22, F.S., the employing agency is responsible for verifying that the accrediting association is recognized.

(3) Section 943.22(1)(c), F.S., defines an associate college degree or equivalent as “graduation from an accredited community college or successful completion of 60 semester hours or 90 quarter hours and eligibility to receive an associate degree.” To qualify for educational salary incentive payment, a letter from the awarding institution shall be submitted to the employing agency, defined in Section 943.10, F.S., stating that the hours completed by the officer are equivalent to a two-year degree and would qualify the officer for a degree if the institution had a two-year degree program.

(4) Pursuant to Section 943.22(2)(d), F.S., officers shall receive the sum of $20 each month for each successfully completed 80-hour unit of Commission-approved Advanced or Career Development Training, which has been verified by the employing agency, defined in Section 943.10, F.S., through the Commission’s ATMS. Commission staff shall recognize, only once, the successful completion of any specific training course for salary incentive payment. Officers who elect to use Commission-approved Advanced or Career Development Training Courses as credit toward a two or four year degree, for which the officer would receive educational salary incentive payment, shall not receive advanced or career development salary incentive payment for the same courses. Agencies shall review the educational transcripts submitted for educational salary incentive to ensure there is no duplication of payment.

(5) The maximum amount of salary incentive payments an officer is entitled to receive each month is based on the completion of the following Commission-approved training:

Commission-approved Training

Maximum Salary Incentive Payment

(a) Basic Recruit Training for law enforcement officers initially certified and employed before July 1, 1980.

$25.00

(b) Career Development Training Program Courses on or before June 30, 1985

$120 maximum

Advanced Training Program Courses on or after July 1, 1985

Federal or Private Training

$30 for a two-year degree

$80 for a four-year degree

(d) Combination of Training and Education

$130 maximum

History

Rulemaking Authority 943.03(4), 943.12(1), 943.22(2)(h) FS. Law Implemented 943.22 FS. History–New 9-11-79, Amended 1-13-81, 5-16-83, 9-1-83, 4-26-84, 1-7-85, Formerly 11B-14.03, Amended 7-13-87, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 11-30-04, 3-21-07, 3-13-13, 5-5-20.

Fla. Admin. Code R. 11B-14.004 Special Program Provisions

History

Rulemaking Authority 943.12(1) FS. Law Implemented 145.071(2), 943.21, 943.22 FS. History–New 1-13-81, Amended 5-16-83, 1-7-85, Formerly 11B-14.04, Repealed 7-13-87.

Fla. Admin. Code R. 11B-14.005 Annual Salary Incentive Compensation Report

(1) Employing agencies, defined in Section 943.10(4), F.S., shall be responsible for the correct salary incentive payments to full-time officers pursuant to Section 943.22(2)(j), F.S., and shall annually submit to the Commission a Salary Incentive Compensation Report that contains information relative to compensation of full-time officers pursuant to Section 943.22(2)(l), F.S.

(2) Salary incentive courses successfully completed by an officer are reported on the Annual Salary Incentive Compensation Report and are denoted by a code that corresponds with the course code reported by a Commission-certified training school, defined in Section 943.10(16), F.S., or a code that corresponds with federal or private training.

(3)(a) The active Commission-approved Advanced Training Program Courses approved for salary incentive payments are listed on the Active CJSTC Curricula web page at http://www.fdle.state.fl.us/CJSTC/Curriculum/Active-Courses.aspx.

(b) The following inactive Advanced Training Program Courses were eligible for salary incentive payments for the dates as indicated:

Course Title

Course Code

Course Hours

Inactive

Refresher

003

11/1/79

Intermediate

004

11/1/79

Advanced

005

11/1/79

Middle Management

007

10/1/06

Executive Development: Base

008

10/1/85

The Nature of Management Responsibilities

009

7/1/88

Developing a Philosophy of Management

010

7/1/88

Instructor Techniques, effective 10/1/79

015

10/1/85

Crime Scene Procedure

017

7/1/88

General Criminal Investigation Techniques

018

7/1/88

Criminal Law

019

9/4/16

Officer Skills Improvement and Stress Reduction

028

7/1/88

Police Officer Procedures and Techniques

029

7/1/88

Introduction to Police Operations and Leadership

030

7/1/88

Crime Scene Photography, effective 7/1/85

031

7/1/88

Sex Crimes Investigations

033

9/4/16

Crimes Against Property

034

7/1/88

Confidential Informants and Other Source of Information

035

7/1/88

Crime Prevention

037

7/1/88

Traffic Accident Investigation

038

7/1/88

Traffic Homicide Investigation

039

7/1/98

Surveillance Techniques

040

7/1/88

Environmental Law Enforcement and Investigation

041

10/1/85

Marine Enforcement and Investigation

042

7/1/88

Economic Crimes – An Overview

043

7/1/88

Economic Crimes – Crime Scheme Identification

044

10/1/85

Economic Crimes – Frauds and Schemes

045

7/1/88

Economic Crimes – Tangible Property Frauds and Schemes

046

10/24/86

Crimes Against Persons

048

7/1/88

Tactical Police Driving

049

7/1/88

Field Training Officer

051

7/1/02

Crime and the Elderly

052

7/1/88

Organized Crime

054

9/4/16

Radar Speed Measurement Training Course for Law Enforcement Officers

055

12/31/06

Supervision of the Youthful Offender

058

9/4/16

Correctional Operations

059

7/1/88

Counseling and Communication Skills Program

060

7/1/88

Supervisory Training – See Course 006

061

10/1/85

Management Training – See Course 007

062

10/1/85

Crisis Management Training – See Course 053

063

10/1/85

Stress Awareness and Resolution – See Course 050

064

10/1/85

Self Defense and Use of Force

065

7/1/88

First Responder to Medical Emergencies

066

7/1/91

Firearms Qualification

067

9/30/83

Residential Security

069

7/1/88

Commercial Security

070

7/1/88

Developing and Managing Crime Prevention Programs

071

7/1/88

Firefighting for Correctional Officers

072

9/4/16

Community and Human Relations

073

9/4/16

Community Relations

075

10/24/86

Health Training

076

10/1/85

Proficiency Skills Enhancement, effective 4/25/85

078

7/1/88

Prevention of Delinquency and Juvenile Victimization, effective 4/25/85

079

7/1/88

Computers and Technology in Criminal Justice

080

9/4/16

Instructor Techniques, effective 7/1/85

081

7/1/88

Foreign Language Skills, effective 7/25/85

082

7/1/88

Advanced Neighborhood Watch, effective 7/25/85

083

7/1/88

Models for Management

084

7/1/87

Background Investigations

086

7/1/88

Investment in Excellence, effective 3/17/86

089

7/1/88

Fingerprints Science, effective 10/24/86

092

120

7/1/88

Laser Speed Measurement Operators Course for Law Enforcement Officers

095

12/31/06

Learning To Supervise, effective 4/25/85

200

7/1/88

Learning To Manage, effective 4/25/85

201

7/1/88

Computer Crimes Investigations

1153

9/4/16

Financial Fraud Investigations

1154

9/4/16

Managing and Communicating With Inmates and Offenders

1161

9/4/16

Inmate Manipulation

1164

9/4/16

Investigating Crimes Against Children

1187

9/4/16

Field Training Officer Course for Correctional Probation Officers

1188

9/4/16

History

Rulemaking Authority 943.03(4), 943.12(1), 943.22(2)(i) FS. Law Implemented 943.22 FS. History–New 11-5-02, Amended 11-30-04, 6-9-08, 3-13-13, 8-15-18.

Chapter 11B-18 CRIMINAL JUSTICE STANDARDS AND TRAINING TRUST FUND

Fla. Admin. Code R. 11B-18.001 Background

History

Rulemaking Authority 943.12(1), 943.25(2)(b) FS. Law Implemented 943.17, 943.25 FS. History–New 1-13-81, Amended 7-28-82, 1-7-85, 1-28-86, Formerly 11B-18.01, Amended 7-13-87, Repealed 6-29-95.

Fla. Admin. Code R. 11B-18.002 Background

History

Rulemaking Authority 943.12(1), 943.25(6)(b) FS. Law Implemented 943.25 FS. History–New 1-13-81, Amended 7-28-82, 1-7-85, Formerly 11B-18.02, Amended 7-13-87, 12-13-92, Repealed 6-29-95.

Fla. Admin. Code R. 11B-18.003 Operational Definitions

For the purpose of this rule chapter, the definitions of “Auxiliary Law Enforcement Officer,” “Auxiliary Correctional Officer,” “Auxiliary Correctional Probation Officer,” “Commission,” “Correctional Officer,” “Correctional Probation Officer,” “Criminal Justice Training School,” “Commission staff,” “Program,” “Employing Agency,” “Law Enforcement Officer,” “Officer,” “Part-time Law Enforcement Officer,” “Part-time Correctional Officer,” “Part-time Correctional Probation Officer,” “Private Criminal Justice Training School,” “Public Criminal Justice Training School,” “Support Personnel,” and “Training Center Director,” pursuant to Section 943.10, F.S., shall apply. The operational definitions are as follows:

(1) “Advanced Training Program” means Commission-approved courses that are limited to training that enhances an officer’s knowledge, skills, and abilities for the job an officer performs pursuant to Section 943.17(1)(b), F.S.

(2) “Budget Amendment” means a transfer of funds from one budget category to another budget category within an approved regional training budget.

(3) “Budget Cycle” means the process and procedure for the development, preparation, review, approval, implementation, or execution of a regional training budget, and is identified with a fiscal year beginning July 1, and ending June 30 of the following calendar year.

(4) “Regional Training Council” means a Local Regional Training Council or a State Regional Training Council established in this rule chapter pursuant to Section 943.25(4), F.S.

(5) “Criminal Justice Standards and Training Trust Fund” means “Officer Training Monies” appropriated by the Legislature to provide Commission-approved Advanced and Specialized Training Program Courses for law enforcement, correctional, and correctional probation officers pursuant to Section 943.25(2), F.S.

(6) “Department” means the Florida Department of Law Enforcement pursuant to Section 943.02(1), F.S.

(7) “Distribution Formula” means the Commission-approved distribution formula established in this rule chapter used to calculate the distribution of Officer Training Monies to the training regions pursuant to Section 943.25(4)(b), F.S.

(8) “Encumbered Funds” means Officer Training Monies that have been obligated during a given fiscal year by proper execution of a purchase order or other formal agreement that is enforceable as a contract for disbursement of those funds.

(9) “Fiscal Year” means July 1 of one year through June 30 of the next year.

(10) “Local Regional Training Council” means a Regional Training Council established pursuant to Section 943.25(4), F.S., and is composed of representatives of Commission-certified training schools, and local law enforcement and local correctional agencies within a region.

(11) “Operating Budget” means an approved regional budget that includes proposed expenditures for a given fiscal year in the categories of administrative expenditures, training costs, and operating capital outlay.

(12) “Personal Property” means all things other than real property that are subject to ownership.

(13) “Programmatic Change” means any change made within a budget category.

(14) “Real Property” means land, and generally whatever is erected or growing upon or affixed to the land.

(15) “Reciprocal Payment” means reimbursement to a region for the expense of training a trainee from another region pursuant to Section 943.25(5)(a), F.S.

(16) “Fiscal Agent” means the person(s) appointed or approved by a training center director(s) or Regional Training Council, who is responsible for providing fiscal assistance and expertise to the Regional Training Council(s) and school(s). The fiscal agent is responsible for the records, accountings, and other materials or information regarding expenditures from Officer Training Monies.

(17) “Specialized Training Program Courses,” defined in Rule 11B-35.007, F.A.C., are Commission-approved courses delivered through a Commission-certified training school, that demonstrate job relevance, instructional quality, and training needed at the local level.

(18) “State Regional Training Councils” means the two training councils, one of which is comprised of representatives from state law enforcement agencies, and the other from the Florida Department of Corrections.

(19) “Year End Fiscal Report” means the report prepared at the close of the budget cycle, which is used to advise Commission staff and the Commission of all expended, encumbered, and unexpended Officer Training Monies within the operating budget.

(20) “Expenditure Formula” means the formula established by the Commission specifying the expenditure of a training region’s budget.

(21) “Emergency Budget Amendment” means a transfer of Officer Training Monies from one budget category to another budget category, which requires a revision to the expenditure formula.

(22) “Advanced Training Course” on or after July 1, 1985, means a Commission-approved Advanced Training Program course that enhances an officer’s knowledge, skills, and abilities for the job performed, pursuant to Section 943.17(1)(b), F.S., and for the purpose of this rule chapter, means Commission-approved Training Program Courses.

(23) “Commission-certified training school” means a training school pursuant to Section 943.10(16), F.S.

(24) “Training funded with Officer Training Monies” means Commission-approved Advanced and Specialized Training Program Courses funded in whole or in part with Officer Training Monies.

(25) “Student fees funded with Officer Training Monies” means payment for tuition, lab fees, and other related fees, for Commission-approved Advanced and Specialized Training Program Courses that have been approved by an accredited college or school district, as defined in Section 943.22, F.S.

History

Rulemaking Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.12(5), 943.25(3) FS. (Supp. 1998). History–New 1-13-81, Amended 7-28-82, 1-26-83, 1-7-85, 1-28-86, Formerly 11B-18.03, Amended 7-13-87, 5-23-88, 12-13-92, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 11-30-04, 3-13-13.

Fla. Admin. Code R. 11B-18.004 Regional Training Areas

For the purposes of Officer Training Monies activities, sixteen regional training areas comprised of the criminal justice agencies and Commission-certified training schools located within each regional training area are established. The names of the Commission-certified training schools can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Training-Resources/Training-Centers.aspx or by contacting Commission staff at (850)410-8615. The following sixteen regional training areas are established:

(1) Region I. Criminal justice agencies and Commission-certified training schools within Escambia, Santa Rosa, Okaloosa, and Walton counties, and the State Attorney’s Office for the First Judicial Circuit.

(2) Region II. Criminal justice agencies and Commission-certified training schools within Holmes, Washington, Bay, Jackson, Calhoun, and Gulf counties, and the State Attorney’s Office for the Fourteenth Judicial Circuit.

(3) Region III. Criminal justice agencies and Commission-certified training schools within Gadsden, Liberty, Franklin, Leon, Wakulla, and Jefferson counties, and the State Attorney’s Office for the Second Judicial Circuit.

(4) Region IV. Criminal justice agencies and Commission-certified training schools within Madison, Taylor, Hamilton, Suwannee, Lafayette, Dixie, Columbia, Gilchrist, Baker, Union, Bradford, and Alachua counties, and the State Attorney’s Office for the Third and Eighth Judicial Circuits.

(5) Region V. Criminal justice agencies and Commission-certified training schools within Nassau, Duval, Clay, Putnam, and St. Johns counties, and the State Attorney’s Office for the Fourth Judicial Circuit.

(6) Region VI. Criminal justice agencies and Commission-certified training schools within Levy, Citrus, Hernando, Marion, and Sumter counties, and the State Attorney’s Office for the Fifth Judicial Circuit.

(7) Region VII. Criminal justice agencies and Commission-certified training schools within Lake, Volusia, Seminole, Orange, Osceola, Brevard, and Flagler counties, and the State Attorney’s Office for the Seventh, Ninth, and Eighteenth Judicial Circuits.

(8) Region VIII. Criminal justice agencies and Commission-certified training schools within Polk, Hardee, DeSoto, and Highlands counties, and the State Attorney’s Office for the Tenth Judicial Circuit.

(9) Region IX. Criminal justice agencies and Commission-certified training schools within Pasco, Pinellas, Hillsborough, and Manatee counties, and the State Attorney’s Office for the Sixth and Thirteenth Judicial Circuits.

(10) Region X. Criminal justice agencies and Commission-certified training schools within Charlotte, Lee, Sarasota, Collier, Glades, and Hendry counties, and the State Attorney’s Office for the Twelfth and Twentieth Judicial Circuits.

(11) Region XI. Criminal justice agencies and Commission-certified training schools within Indian River, Okeechobee, St. Lucie and Martin counties, and the State Attorney’s Office for the Nineteenth Judicial Circuit.

(12) Region XII. Criminal justice agencies and Commission-certified training schools within Palm Beach County and the State Attorney’s Office for the Fifteenth Judicial Circuit.

(13) Region XIII. Criminal justice agencies and Commission-certified training schools within Broward County and the State Attorney’s Office for the Seventeenth Judicial Circuit.

(14) Region XIV. Criminal justice agencies and Commission-certified training schools within Monroe and Miami-Dade counties and the State Attorney’s Office for the Eleventh and Sixteenth Judicial Circuits.

(15) Region XV. All state law enforcement agencies and units, and Commission-certified training schools affiliated with the state law enforcement agencies, excluding the State Attorney’s Offices, Florida Department of Corrections, Board of Regents, and the University Police Agencies.

(16) Region XVI. Florida Department of Corrections and the Commission-certified training school affiliated with the Florida Department of Corrections.

History

Rulemaking Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.25(4) FS. (Supp. 1998). History–New 1-13-81, Amended 7-28-82, 1-7-85, Formerly 11B-18.04, Amended 7-13-87, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 11-30-04, 3-27-06, 3-21-07, 9-28-09, 6-3-10, 3-13-13, 5-29-14, 7-29-15, 9-4-16.

Fla. Admin. Code R. 11B-18.005 Establishment of Regional Training Councils

(1) A Regional Training Council is hereby established in each of the regional training areas described in rule 11B-18.004, F.A.C. The purpose of each Regional Training Council shall be to act as an extension of the Criminal Justice Standards and Training Commission in planning, programming, and budgeting of Officer Training Monies and to advise and assist the Commission in developing a plan for assessing regional training and Commission-certified training school needs pursuant to Section 943.25(4), F.S.

(2) State Regional Training Councils XV and XVI shall have the same functions as the Local Regional Training Councils.

(3) The State Regional Law Enforcement Officer Training Council XV shall be comprised of one representative from each of the state law enforcement agencies and units, and Commission-certified training schools affiliated with the state law enforcement agencies, excluding the State Attorney’s Offices, Florida Department of Corrections, Board of Regents, and the University Police Agencies.

(4) The State Regional Correctional Officer Training Council shall be comprised of not less than seven representatives and are appointed by the Secretary of the Department of Corrections.

(5) Each Local Regional Training Council shall be comprised of the following:

(a) Not more than twelve members, of which not more than six shall be law enforcement officers;

(b) Not less than two correctional officers and one individual who is in charge of a public county correctional institution within the region; and,

(c) Not more than three members representing Commission-certified training schools. Members representing Commission-certified training schools shall be training center directors.

(d) A single Commission-certified training school, correctional agency, or law enforcement agency shall not have more than two voting members.

(e) At least one of the six law enforcement officers shall be a sheriff; and,

(f) At least one of the six law enforcement officers shall be a police chief.

(g) The training center directors of Commission-certified training schools in the region shall elect representatives from their members.

(6) Each agency or Commission-certified training school providing a representative to the State Regional Training Councils or the Local Regional Training Councils, shall designate an alternate representative from the same agency or Commission-certified training school. The alternate shall assume all responsibilities of the primary representative upon notice. The representative’s appointment shall not continue after the representative ceases to be employed by the agency represented. The Regionl Training Council shall approve appointments of replacement representatives.

(7) Service on a Regional Training Council shall not constitute employment by a state agency or entitle a member to any special compensation, benefits, or privileges. The Commission shall authorize travel costs and per diem, through budget approval, pursuant to Section 112.061, F.S., for chairpersons, fiscal agents, and training center directors who are members of a Regional Training Council, or others authorized pursuant to Section 943.25(4)(e), F.S., and paragraph 11B-18.0053(2)(a), F.A.C., to attend Officer Training Monies workshops.

History

Rulemaking Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.25(4) FS. History–New 1-13-81, Amended 7-28-82, 1-7-85, (7), (8) Formerly 11B-18.05, 11B-18.051, Amended 7-13-87, 5-23-88, 10-17-90, 12-13-92, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 11-30-04, 3-21-07, 3-13-13, 5-20-21.

Fla. Admin. Code R. 11B-18.0051 Regional Training Council Meetings

(1) Each of the Regional Training Councils established pursuant to Rule 11B-18.005, F.A.C., and Section 943.25(4), F.S., shall elect a chairperson and other officers needed, and shall hold at least two meetings each fiscal year to develop and approve the regional Officer Training Monies budgets, and may hold other meetings to consider other items pertaining to law enforcement, correctional, or correctional probation officer training. A majority of Regional Training Council members shall be in attendance to constitute a quorum.

(2) Three members or the chairperson of a Regional Training Council may request a meeting.

(3) For the purpose of developing and approving regional Officer Training Monies budgets, a quorum of a Regional Training Council’s members shall meet, and a majority vote of those members in attendance is required to reach a decision.

(4) Each of the Regional Training Councils created pursuant to Rule 11B-18.005, F.A.C., and Section 943.25(4), F.S., shall adopt rules of parliamentary procedure, and the minutes of each meeting shall be recorded and submitted to Commission staff for review.

History

Rulemaking Authority 943.03(4), 943.12(1), (2), 943.25(4) FS. Law Implemented 943.25(4) FS. (Supp. 1998). History–New 1-7-85, (1), (4), Formerly 11B-18.05(8), (7), 11B-18.051, Amended 7-13-87, 1-2-97, 7-7-99, 11-5-02.

Fla. Admin. Code R. 11B-18.0052 Development of Budgets

(1) Officer Training Monies collected pursuant to Section 943.25, F.S., and appropriated by the Legislature to implement Commission-approved training programs and Commission-certified training school enhancements, are public funds and are subject to the State Legislative Budget and Appropriation processes. By July 1 of each year, the training regions shall be notified of the projected allocation of Officer Training Monies and the proposed distribution of this allocation to each training region, as determined by the Officer Training Monies statewide distribution formula pursuant to subsection 11B-18.003(7), F.A.C.

(2) The following formulas are used to calculate the statewide distribution of Officer Training Monies to regions:

(a) To determine per capita allocation:

T/N = P; where:

T = total Officer Training Monies available for distribution

N = total full-time officer population prior to July 1

P = per capita allocation

(b) To determine the regional allocation:

P × N = R; where:

P = per capita allocation

N = full-time officer population in a region prior to July 1

R = region allocation

(3) All forms referenced in this rule may be obtained on the following website: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx or by contacting the Florida Department of Law Enforcement, Criminal Justice Professionalism Program, Post Office Box 1489, Tallahassee, Florida 32302-1489, Attention: Bureau of Standards, Forms Liaison.

History

Rulemaking Authority 943.03(4), 943.12(1), (2), 943.25(4)(b) FS. Law Implemented 943.25(4)(b) FS. History–New 1-13-81, Amended 7-28-82, 1-26-83, 1-7-85, Formerly 11B-18.052(2)(a), (b), Amended 1-28-86, 7-13-87, 10-17-90, 12-13-92, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 11-30-04, 3-21-07.

Fla. Admin. Code R. 11B-18.0053 Officer Training Monies Budget and Expenditure Categories

(1) A distribution formula has been established by the Criminal Justice Standards and Training Commission to provide guidance to training regions regarding the expenditure of Officer Training Monies in the regions. Any deviations by a region from the distribution formula shall be approved by the Commission. The distribution formula is:

(a) Category I – Administrative Expenses – 5%

(b) Category II – Training Expenses – 80%

(2) Category I, Administrative Expenses. Administrative Expenses shall be reasonable and an accounting of all expenditures shall be maintained.

(a) Each region shall not budget more than 5% of the total regional allocation for Administrative Expenses, notwithstanding the following exceptions for additional Officer Training Monies budgeted that exceed the 5% limitation:

Support of travel of Regional Training Council Chairpersons, fiscal agents, and training center directors or their designee, to Officer Training Monies workshops conducted by Commission staff. Travel pursuant to this section shall comply with the travel guidelines maintained by the Criminal Justice Professionalism Division, (Travel Guidelines, revised March, 2020), hereby incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-11997. For a copy of the travel guidelines, contact the Florida Department of Law Enforcement, Criminal Justice Professionalism Division, Post Office Box 1489, Tallahassee, Florida 32302-1489, Attention: Bureau of Policy and Special Programs; and,
Support of travel for training center directors or designees to attend Criminal Justice Standards and Training Commission quarterly meetings. Travel pursuant to this section shall comply with the travel guidelines maintained by the Criminal Justice Professionalism Division, (Travel Guidelines, revised March, 2020), http://www.flrules.org/Gateway/reference.asp?No=Ref-11997. For a copy of the travel guidelines, contact the Florida Department of Law Enforcement, Criminal Justice Professionalism Division, Post Office Box 1489, Tallahassee, Florida 32302-1489, Attention: Bureau of Policy and Special Programs.

(b) Administrative expenses are divided into two categories:

Personal Services. Personal Services are expenses incurred by a Commission-certified training school for full or part-time training school staff, who directly support the administration of Officer Training Monies. Charges shall be proportionate to the individual’s time spent in direct support of officer training.
Miscellaneous Expenses. Miscellaneous Expenses are administrative expenditures, expended from Officer Training Monies by Commission-certified training schools that are incurred in direct support of officer training. Examples include office supplies, notices in the Florida Administrative Register publications, and postage.

(c) Officer Training Monies shall not be expended for recurring costs incurred by the training school. Examples include liability insurance, utilities, and office furniture.

(3) Category II, Training Expenses. Each region shall not budget less than 80% of the total regional allocation of Officer Training Monies for the purpose of delivering regional Commission-approved Advanced and Specialized Training Program Courses.

(a) Criminal justice officers and support personnel, pursuant to Section 943.10, F.S., are authorized to expend Officer Training Monies to attend Advanced and Specialized Training Program Courses delivered through a Commission-certified training school, provided the support personnel does not displace a certified officer. The Criminal Justice Standards and Training Commission has further authorized the following personnel to attend courses funded with Officer Training Monies on a space available basis, provided the personnel does not displace a Florida certified officer:

A sworn federal officer.
Medical examiners personnel with prior written approval from the Regional Training Council.
Full-time staff and part-time instructional coordinators employed by a Commission-certified training school.
Members of consolidated dispatch agencies that provide direct support to local or state law enforcement agencies.

(b) Officer Training Monies, pursuant to subsection 11B-18.003(24) or (25), F.A.C., shall be expended for Commission-approved Advanced and Specialized Training Program Courses set forth in Rules 11B-35.006 and 11B-35.007, F.A.C., and shall not be used for reoccurring expenses incurred by a Commission-certified training school.

(c) Each training region shall offer Commission-approved Advanced and Specialized Training Program Courses funded with Officer Training Monies, to officers within its respective region, prior to accepting officers or support personnel from other regions.

(d) Criminal justice officers and support personnel located in one region may attend training in a different region. Each region shall make provisions in its operating budget for the reciprocal payment of training provided to officers, pursuant to Section 943.25(5), F.S., and support personnel, defined in Section 943.10(11), F.S., who attend training programs offered in other training regions. Reciprocal payment shall be limited to Commission Category II training costs and each training region’s fiscal agent shall be held accountable for receipt and disbursement of the region’s reciprocal funds. Such costs shall be administered and paid by the fiscal agent charged with the responsibility for the reciprocal payment of training.

(e) If Commission-approved Advanced and Specialized Training Program Courses are funded with Officer Training Monies, the training and room or board costs may not be assessed against the officer, support personnel, or their employing agency, pursuant to Section 943.25(5), F.S., however, the employing agency is responsible for travel incurred to and from training. If an officer, defined in Section 943.10(2), F.S., is employed with a private entity contracted with the state or county, or if an officer is not employed or appointed by an employing agency of Florida, the officer may attend a course funded with Officer Training Monies, provided the officer pays for all training costs associated with course attendance, pursuant to Section 943.25(5)(b), 944.105(7) or 944.714(2), F.S. Reimbursement of these costs, excluding out-of-state tuition, shall be deposited in the Commission-certified training school’s Officer Training Monies account.

(4) Category III, Operating Capital Outlay Expenses. Each region shall not budget more than 15% of the total regional allocation to purchase items that are non-consumable and non-expendable. Category III Operating Capital Outlay Expenses fall into the following categories:

(a) “Expense” Operating Capital Outlay. Expense operating capital outlay purchases that cost less than $500 with a life expectancy of one year or more, shall be limited to items purchased that are required for delivery of Commission-approved Advanced and Specialized Training Program Courses. Officer Training Monies shall not be used for training school expenditures used to fulfill the certification and recertification requirements of Rule 11B-21.005, F.A.C.

(b) “Standard” Operating Capital Outlay. Standard operating capital outlay purchases include items with a cost of $500 or more with a life expectancy of one year or more.

(c) Operating Capital Outlay property purchased for use other than for the direct support of Commission-approved Advanced Training Program Courses pursuant to Rule 11B-35.006, F.A.C., and Specialized Training Program Courses pursuant to Rule 11B-35.007, F.A.C., are not appropriate purchases.

(d) Operating Capital Outlay property received from a vendor as a purchasing incentive, using Officer Training Monies, shall be reported on an Officer Training Monies Semi-Annual Expenditure Report, form CJSTC-300, revised February 7, 2002, hereby incorporated by reference. Form CJSTC-300 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

(e) Operating Capital Outlay Property shall not be disposed of or transferred without prior notification to and approval by Commission staff. An Operating Capital Outlay Property Disposal Request, form CJSTC-311, revised November 5, 2015, effective 9/2016, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-07391, shall be completed and submitted to Commission staff when disposing or transferring Operating Capital Outlay Property. Form CJSTC-311 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

Usable Operating Capital Outlay Property. Usable property shall be offered to other Commission-certified training schools in Florida prior to selling or disposing of the property. The usable property shall be offered to criminal justice agencies in Florida if a training school does not claim the property. To transfer Operating Capital Outlay Property from one training school to another, the transferring training school shall forward to Commission staff a completed form CJSTC-311, which shall be signed by the training center director.
Obsolete or Unusable Operating Capital Outlay Property. A Commission-certified training school shall notify Commission staff on form CJSTC-311, to request disposal of obsolete property. A written verification of the condition of the property shall be included. Commission staff shall physically view the property and approve the written verification of the condition of the property prior to disposal or trading of the property. Obsolete property may be traded for credit on the purchase of new property. Money received from the disposal of property purchased with Officer Training Monies shall be returned to Commission staff for deposit into the Criminal Justice Standards and Training Trust Fund.
Stolen Operating Capital Outlay Property. Notification of stolen property purchased with Officer Training Monies shall include a copy of a police report indicating that the circumstances surrounding the theft were beyond the control of the Commission-certified training school. Should property purchased with Officer Training Monies become lost or stolen through negligence, the training school shall replace the property with the training school’s funds.

(f) Audit of Operating Capital Outlay Property. Operating Capital Outlay Property purchased by a Commission-certified training school, using Officer Training Monies, shall be made available to Commission staff and inventoried during the audit for the fiscal year the property was purchased.

A training school shall conduct annual audits of property purchased with Officer Training Monies to include the inventory item, date purchased, property serial number if appropriate, and property number.
Commission staff is authorized to conduct spot inventories, on demand, of items purchased with Officer Training Monies.
After the year of purchase, items purchased with a value of $500 or more, and $100 or more for hardbound books, shall be inventoried on an annual basis.
Weapons shall be inventoried each year regardless of the purchase price.
Training schools shall have written procedures on file for the security of all property purchased with Officer Training Monies. Such procedures shall include check-in and check-out procedures and the names of personnel that have access to the property.

History

Rulemaking Authority 943.03(4), 943.12(1), (2), 943.25(2), (4), (5) FS. Law Implemented 943.25 FS. History–New 11-5-02, Amended 11-30-04, 6-3-10, 3-13-13, 9-4-16, 6-9-20, 8-30-23, 4-9-25.

Fla. Admin. Code R. 11B-18.006 Funding Allocation

History

Rulemaking Authority 943.12(1), 943.25(6)(b) FS. Law Implemented 943.25 FS. History–New 1-13-81, Amended 7-28-82, 1-26-83, 1-7-85, Formerly 11B-18.052(2)(a), (b), Amended 1-28-86, Formerly 11B-18.06, Amended 7-13-87, 12-13-92, 4-25-94, Repealed 1-2-97.

Fla. Admin. Code R. 11B-18.007 Expenditure of Funds

History

Rulemaking Authority 943.03(4), 943.12(1), (2), 943.25(4), (5) FS. Law Implemented 943.25 FS. History–New 1-13-81, Amended 7-28-82, 1-7-85, 1-28-86, Formerly 11B-18.07, Amended 7-13-87, 5-23-88, 12-13-92, 5-25-94, 1-2-97, 7-7-99, 8-22-00, Repealed 11-5-02.

Fla. Admin. Code R. 11B-18.0071 Development of Officer Training Monies Budgets and Required Reports

(1) Operating Budget. No later than February 1 of each year, the Officer Training Monies Operating Budget, form CJSTC-310, revised February 7, 2002, hereby incorporated by reference, shall be submitted to Commission staff by each Regional Training Council and shall reflect the region’s proposed operating budget for the upcoming fiscal year, beginning July 1 and ending June 30 of the next year, based on the Officer Training Monies available and projected for the region pursuant to subsection 11B-18.0052(1), F.A.C. Form CJSTC-310 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJST/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615. The region shall also include a request to expend the previous year’s accrued interest pursuant to subsection (5) of this rule section. Each Regional Training Council is responsible for including in its approved budget, the Criminal Justice Standards and Training Commission’s priority budget issues as they relate to the training needs of the region. The region’s projected annual operating budget shall list items in order of priority within each budget category as set forth in Rule 11B-18.0053, F.A.C. A region that fails to meet the required deadline, or fails to receive an extension of the submission deadline from Commission staff, shall forfeit the opportunity to propose an operating budget for the region and Commission-certified training schools for that fiscal year. Officer Training Monies forfeited by a region due to noncompliance with the February 1 deadline shall be distributed to other regions in the state based on the statewide distribution formula set forth in subsection 11B-18.0052(2), F.A.C.

(2) Budget Amendment and Programmatic Change. The Officer Training Monies Programmatic Change and Budget Amendment, form CJSTC-302, revised February 7, 2002, hereby incorporated by reference, shall be used by a Commission-certified training school through its Regional Training Council to reflect changes to its annual operating budget. Form CJSTC-302 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJST/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

(a) Unobligated Operating Capital Outlay Purchases. Operating budgets approved by the Criminal Justice Standards and Training Commission that include “unobligated” Operating Capital Outlay purchases require additional approval prior to expenditure of these funds. A training school shall submit form CJSTC-302 to identify planned expenditures equal to the amounts previously budgeted as unobligated. Form CJSTC-302 shall only be completed when a training school and region requests a revision to its operating budget and the revision does not alter the distribution formula set forth in Rule 11B-18.0053, F.A.C.

(b) Budget Amendment. A budget amendment shall be submitted to Commission staff on form CJSTC-302 when a training school and region request an adjustment to its Commission-approved budget, by transferring funds in one category to a different category, and does not alter the distribution formula set forth in Rule 11B-18.0053, F.A.C.

(c) Programmatic Change: A programmatic change shall be submitted to Commission staff on form CJSTC-302 when a training school and region requests a change within a budget category within its Commission-approved budget and does not alter the distribution formula set forth in Rule 11B-18.0053, F.A.C.

(d) Emergency Budget Amendment. An Emergency Budget Amendment is an adjustment to the approved regional operating budget that does not meet the Commission’s distribution formula. An Emergency Budget Amendment that alters the Commission’s distribution formula shall be submitted to Commission staff by a Commission-certified training school through its Regional Training Council, and shall include an explanation as to why the budget amendment is needed. Emergency Budget Amendments shall be submitted at the Criminal Justice Standards and Training Commission’s next quarterly Commission meeting. If approval of the budget amendment is required prior to the next scheduled Commission meeting, the Commission Chairman shall approve the Emergency Budget Amendment and report the approved amendment to the full Commission at the next quarterly Commission meeting.

(3) Each Regional Fiscal Agent shall submit an Officer Training Monies Semi-Annual Expenditure Report form CJSTC-300, to Commission staff twice each fiscal year advising the Commission of administrative, training, and capital outlay property expenditures. Encumbered Officer Training Monies shall not be included on this report.

(a) Semi-annual Expenditure Reporting Period. Form CJSTC-300 shall be submitted by a training school through the Regional Training Council no later than 45 days after the end of each semi-annual expenditure reporting period.

(b) Semi-annual expenditure reporting periods are January 1 through June 30 with a report due date of August 15, and July 1 through December 31 with a report due date of February 15.

(4) Year-End Fiscal Report. Each Regional Fiscal Agent shall submit to Commission staff a completed Officer Training Monies Year-End Fiscal Report, form CJSTC-301, revised February 7, 2002, hereby incorporated by reference, reporting all expenditures, to include a list of all Operating Capital Outlay Property purchased pursuant to subsection 11B-18.0053(4), F.A.C. The report shall be filed by October 30 of each year and shall include interest earned for the previous fiscal year ending June 30. Form CJSTC-301 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJST/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

(a) Encumbered Officer Training Monies. Purchases shall be encumbered by close of the fiscal year, which is June 30. An encumbered purchase occurs when a purchase order has been issued or a binding contract negotiated prior to the end of the budget year. Purchases that encumber Officer Training Monies shall be received and paid by a training school no later than December 31. If Officer Training Monies are encumbered on June 30, the training school shall submit to Commission staff a “Preliminary” form CJSTC-301, on or before October 30, and a “Final” form CJSTC-301, on or before the following January 30.

(b) Unencumbered Officer Training Monies. Officer Training Monies not expended and not encumbered on June 30, shall be reported on form CJSTC-301 and filed by a training school on or before October 30 of each year. The training school shall attach a check or warrant payable to the Criminal Justice Standards and Training Trust Fund in the amount equal to the unexpended unencumbered funds for the year.

(5) Interest Earned. A training school may deposit Officer Training Monies in interest bearing accounts based on the authority granted by the State Comptroller. Interest earned shall be expended consistent with Category II and Category III expenditures set forth in subsections 11B-18.0053(3), (4), F.A.C., and are not subject to the distribution formula. A separate operating budget for accrued interest shall be submitted by the Regional Training Councils. The training school shall report interest earned and corresponding expenditures to Commission staff on the following forms:

(a) The Officer Training Monies Semi-annual Expenditure Report form CJSTC-300, pursuant to subsection 11B-18.0071(3), F.A.C., submitted to Commission staff no later than 45 days after the end of the two reporting periods of June 30 and December 31, shall include a report of all expenditures made during the interest budget period the interest was accrued. Interest earned by a training school shall be expended by June 30 of the year the Commission approved the expenditure. Interest earned shall not be encumbered, and if not expended, shall be returned to the Commission no later than 90 days following June 30, which is the close of the fiscal year.

(b) Year-End Fiscal Report. Each Regional Fiscal Agent shall submit to Commission staff a completed Officer Training Monies Year-End Fiscal Report form CJSTC-301, reporting all interest expenditures, to include a list of all Operating Capital Outlay property purchased pursuant to subsection 11B-18.0053(4), F.A.C. The report shall be filed by October 30 of each year.

History

Rulemaking Authority 943.03(4), 943.12(1), (2), 943.25(4), (5) FS. Law Implemented 943.25 FS. History–New 1-13-81, Amended 7-1-81, 7-28-82, 1-7-85, 1-28-86, Formerly 11B-18.071, Amended 7-13-87, 5-23-88, 10-17-90, 12-13-92, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 11-30-04, 3-13-13, 7-19-17.

Fla. Admin. Code R. 11B-18.008 Areas of Responsibility

With regard to the Criminal Justice Standards and Training Trust Fund Officer Training Monies, the following entities shall have responsibilities outlined in subsections (1)-(3) of this rule section.

(1) The responsibilities of the Regional Training Councils are to:

(a) Determine the distribution of Officer Training Monies for allocation to the individual Commission-certified training schools in the respective training regions.

(b) Submit to Commission staff a list of the current voting membership of each Regional Training Council, including Regional Training Council officers (noting appointed fiscal agents) and forward any membership changes to Commission staff as they occur.

(d) Submit to Commission staff and maintain on file all required documents, budgets, reports, audit reports, and other documentation required by the Council and make available for review by Commission staff.

(e) Appoint or approve a regional fiscal agent.

(2) The responsibilities of the regional fiscal agents are to:

(a) Provide fiscal guidance and assistance to Regional Training Councils in the preparation of all documents, budgets, and reports for submission to Commission staff.

(b) Be responsible for the receipt and disbursement of Officer Training Monies pursuant to rule Chapter 11B-18, F.A.C., and Section 943.25, F.S.

(c) Be responsible for the separate maintenance of financial records, including accrued interest documentation for Officer Training Monies accounts, and Commission-certified training school property inventories.

(3) The responsibilities of Commission-certified training schools are to:

(a) Develop a training calendar based on regional training priorities that is inclusive of Criminal Justice Standards and Training Commission recommendations and estimated training costs. The training calendar shall adhere to the Regional Training Council’s plan, Commission procedures, and the statewide distribution formula for Officer Training Monies set forth in subsection 11B-18.0052(2), F.A.C.

(b) Be responsible for the receipt and payment of Officer Training Monies authorized by a Commission-certified training school’s approved annual operating budget pursuant to rule Chapter 11B-18, F.A.C., and Section 943.25, F.S.

(c) Be responsible for the separate maintenance of the appropriate financial records pursuant to standard state or local accounting procedures.

(d) Make available to the Regional Training Council, documentation maintained by the fiscal agent 15 business days after the request for documentation.

(e) Respond to any audit by the State, Commission staff, Regional Training Councils, or local government.

(f) Begin training courses, for which Officer Training Monies are expended, on or before June 30 of the current fiscal year.

(g) Receive and separately account for all property purchased with Officer Training Monies pursuant to standard state or local property inventory procedures. Submit to Commission staff an inventory of operating capital outlay items purchased with Officer Training Monies during each fiscal year.

(h) Obtain approval from Commission staff prior to disposing of property purchased with Officer Training Monies.

History

Rulemaking Authority 943.03(4), 943.12(1), (2), 943.25(5) FS. Law Implemented 943.25 FS. History–New 1-13-81, Amended 7-1-81, 7-28-82, 1-7-85, 1-28-86, Formerly 11B-18.08, Amended 7-13-87, 5-23-88, 10-17-90, 12-13-92, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 11-30-04, 5-21-12, 3-13-13.

Fla. Admin. Code R. 11B-18.009 Applicability, Contractual Obligations

(1) Officer Training Monies budgets approved by the Criminal Justice Standards and Training Commission shall be governed by this rule chapter upon its adoption. Failure to submit required budgets, reports, and other related documents, shall result in subsequent allocations being withheld by the Commission.

(2) Receipt of any Officer Training Monies shall be deemed an acceptance of the terms, conditions, and limitations contained in the Commission-approved budget under which they are received. Regional Training Councils or Commission-certified training schools accepting Officer Training Monies support, on or after the effective date of this rule chapter, shall be deemed to have:

(a) Agreed to surrender to the Commission property purchased with Officer Training Monies upon loss of a Commission-certified training school’s certification.

(b) Agreed to receive approval from Commission staff prior to disposing of property secured through Officer Training Monies.

(3) Property acquired by a state, local, or regional entity using Officer Training Monies shall become the property of the local entity, with the exception of Section 943.25, F.S., or other state statutes, this rule, the budget, approved training plan, or a grant that provides to the contrary. However, where a grant or a portion of a grant from Officer Training Monies has been used or applied contrary to these authorities, the state, local, or regional entity shall be deemed to have a contractual obligation to make restitution pursuant to this rule.

History

Rulemaking Authority 943.03(4), 943.12(1), (2), 943.25(4), (5) FS. Law Implemented 943.25 FS. History–New 1-13-81, Amended 7-28-82, 1-7-85, 1-28-86, Formerly 11B-18.09, Amended 7-13-87, 12-13-92, 1-2-97, 7-7-99, 8-22-00, 11-5-02.

Fla. Admin. Code R. 11B-18.010 Criminal Justice Standards and Training Commission Fiscal Program Audits and Instruction and Facility Evaluations

Commission staff conducts a fiscal and program audit and instruction and facility evaluation of training schools within each region. The audit and instruction facility inspection performed by Commission staff shall establish a comprehensive analysis of training schools to ensure compliance with Chapter 943, F.S., and rule Chapter 11B-18, F.A.C.

(1) Annual Audit.

(a) Each training school shall be audited annually and shall be scheduled and coordinated with the respective training center director(s), fiscal agent(s) and Regional Training Council Chairperson(s) who are subject to the audit. Training schools that receive a fiscal year perfect audit shall be exempt from an audit in the subsequent fiscal year unless otherwise requested by the training center director. However, a training school may be audited for cause, for example, the removal or death of a training center director, an allegation of fiscal irregularity or impropriety, or the improper expenditure of funds.

(b) The annual fiscal year audit shall be conducted after the June 30 close of the fiscal year.

(c) The audit shall include all transactions for the fiscal year of July 1 through June 30 and may, at the discretion of Commission staff, include a review of current fiscal year activities in progress.

(2) Preliminary Audit Report. Training center director(s), fiscal agent(s), and Regional Training Council Chairperson(s) shall receive a preliminary copy of the fiscal program audits and instruction and facility evaluation prior to its presentation to the Criminal Justice Standards and Training Commission. In addition to the concerns and recommended actions noted for the fiscal year being audited, Commission staff is authorized to review and include follow-up corrective actions to deficiencies by a Commission-certified training school found in prior year audits. Training school staff and regional personnel are permitted to submit additional information to include in the audit presented to the Commission. The Commission, at its next regularly scheduled quarterly meeting, shall take action on the recommended actions presented in the audit report.

(3) Final Audit Report. The training center director(s), fiscal agent(s), and Regional Training Council Chairperson(s) shall receive a copy of the final audit report within five working days of the quarterly Commission meeting.

(4) Final Audit Response. Each training center director, fiscal agent, and Regional Training Council Chairperson shall provide a written response to Commission staff in response to the audit by the due date included in the audit. The audit response shall include a plan for corrective action and reimbursement of any unauthorized expenditures.

(5) Failure to respond to, and continued non-compliance with applicable Florida Statutes and Commission rules shall result in punitive action by the Criminal Justice Standards and Training Commission to include:

(a) When training schools fail to respond in writing to the audit, Commission staff shall write a letter of concern to the training center director requesting a written response to the audit. Copies of the letter shall be sent to the administrative head of the agency or entity, fiscal agent, and the regional chairperson.

(b) Failure to return inappropriately expended Officer Training Monies requested in an audit shall result in the Commission withholding the training school’s next release of Officer Training Monies.

(c) Continued failure for three years to comply with Chapter 943, F.S., and rule Chapter 11B-18, F.A.C., shall result in the Commission writing a letter of censure to the administrative head of the entity and to the training center director requesting a written plan for compliance with applicable Florida Statutes and Commission rules.

(d) If compliance is not achieved by following paragraphs (5)(a)-(c) of this rule section, the Commission shall take disciplinary action pursuant to the disciplinary guidelines set forth in Rule 11B-21.018, F.A.C.

History

Rulemaking Authority 943.03(4), 943.12(1), (2), 943.25(3), (4) FS. Law Implemented 943.12(5) FS. History–New 11-5-02, Amended 11-30-04.

Chapter 11B-20 CERTIFICATION OF CRIMINAL JUSTICE TRAINING INSTRUCTORS

Fla. Admin. Code R. 11B-20.001 Definitions and Minimum Requirements for General Certification of Instructors

(1) Definitions:

(a) “Successful completion” of a course is documented as a “Pass” on the completed Training Report, form CJSTC-67, revised August 14, 2025, effective 5/2026, hereby incorporated by reference https://flrules.org/Gateway/reference.asp?No=Ref-19447. Form CJSTC-67 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

(b) “Training school” means those training academies and training schools that are certified by the Criminal Justice Standards and Training Commission.

(c) “Instructor” means an individual certified by the Criminal Justice Standards and Training Commission, hereafter referred to as “Commission” or “CJSTC,” and is affiliated with a Commission-certified criminal justice training school or criminal justice employing agency and is authorized to instruct Basic Recruit Training Programs, Advanced Training Programs, or Specialized Training Programs.

(d) “Affiliated” means an instructor who is currently employed by a Commission-certified criminal justice training school or criminal justice agency, whether or not the instructor receives compensation.

(e) “Active certification” means a certification held by an instructor who is affiliated with a Commission-certified criminal justice training school or criminal justice agency.

(f) “Inactive certification” means a certification held by an instructor who is not affiliated with a Commission-certified training school or criminal justice agency.

(g) “ATMS” means the Commission’s Automated Training Management System.

(h) “Basic Recruit Training Programs,” “Advanced Training Programs,” and “Specialized Training Programs” mean training administered by training schools pursuant to rule Chapter 11B-35, F.A.C.

(i) “Agency” means criminal justice employing agency.

(j) “Romantic or sexual relationship” means a relationship that may be evidenced by one or more of the following: kissing; fondling of the genital area, buttocks, or breasts; oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object.

(2) Instructor applicants applying for instructor certification shall:

(a) Complete the Instructor Certification Application, form CJSTC-71, revised August 14, 2025, effective 3/2026, hereby incorporated by reference http://flrules.org/Gateway/reference.asp?No=Ref-19445. Form CJSTC-71 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615;

(b) Be affiliated with a training school or agency;

(c) Possess good moral character pursuant to subsection 11B-27.0011(4), F.A.C., as applied to instructor applicants and certified instructors;

Not have been convicted of a felony or of a misdemeanor involving perjury or false statement, or received a dishonorable discharge from any of the Armed Forces of the United States; and,
After July 1, 1981, any person who has pled guilty or nolo contendere to any felony or of a misdemeanor involving perjury or a false statement is not eligible for instructor certification, notwithstanding suspension of sentence or withholding of adjudication; and,
Notwithstanding subsections (3), (4) of this rule section, any person who has pled nolo contendere to a misdemeanor involving a false statement, prior to December 1, 1985, and has had such record sealed or expunged shall not be deemed ineligible for instructor certification.

(3) General Instructor Certification.

(a) Instructor applicants shall comply with the following requirements to obtain General Instructor Certification:

Instructor applicants shall successfully complete the Traditional Instructor Techniques Course (Retired 6/30/2004), CMS Instructor Techniques Course (Retired 11/14/08), or Florida General Instructor Techniques Course delivered through a training school or complete equivalent instructor training. The training center director is authorized to have instructor applicants complete only those portions of the Instructor Techniques Course for which the instructor applicant is deficient.
Instructor applicants who apply for General Instructor Certification shall have completed the required instructor training within four years of the date the instructor applicant applies for certification. Instructor applicants who apply more than four years from the date training was completed shall be required to complete the General Instructor Refresher Course.
After successful completion of the mandatory instructor training, instructor applicants shall complete an internship.

a. The instructor applicant shall be supervised by and have his or her instructional abilities evaluated by a training center director or agency administrator, who is currently an instructor, or a designee who is currently an instructor. The training center director, agency administrator, or designee shall complete the Instructor Competency Checklist, form CJSTC-81, revised August 15, 2024, effective 3/2025, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-17834. Form CJSTC-81 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

b. The instructor applicant shall demonstrate the applicable competencies listed on form CJSTC-81, which shall be maintained in the instructor’s file at the training school or agency.

c. The instructor applicant shall be evaluated by his or her students. Student evaluations shall be reviewed with the instructor applicant by a training center director, agency administrator, or an instructor designated by the training center director or agency administrator, and documented on form CJSTC-81.

Instructor applicants shall complete the Instructor Certification Application form CJSTC-71 and attach all required documentation prior to submitting the application for approval. The training center director, agency administrator, or designee is required to submit form CJSTC-71 to Commission staff or electronically transmit through the Commission’s ATMS. Form CJSTC-71 and supporting documentation on each affiliated instructor shall be maintained in the instructor’s file.
Instructor Separation or Change of Affiliation.

a. When an instructor requests a change of affiliation, the training center director, agency administrator, or designee shall complete an Affidavit of Separation, form CJSTC-61, revised August 15, 2024, effective 3/2025, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-17835, and submit to Commission staff, or immediately transmit through the Commission’s ATMS. Form CJSTC-61 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615. A copy shall be maintained in the instructor’s file.

b. Instructor Separation. When a training center director, agency administrator, or designee separates an instructor, the training center director, agency administrator, or designee shall notify the instructor of the separation and submit form CJSTC-61 to Commission staff or electronically transmit through the Commission’s ATMS. A copy of form CJSTC-61 shall be maintained in the Instructor’s file. An instructor’s certification shall become inactive upon separation and remain inactive until the instructor is affiliated with a training school or agency. If the separation involves a violation of Section 943.13(4), F.S., or moral character violation, the training center director, agency administrator, or designee shall also complete the Internal Investigation Report form CJSTC-78, revised August 15, 2024, effective 3/2025, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-17836, and form CJSTC-61, and submit to Commission staff or immediately transmit through the Commission’s ATMS. Form CJSTC-78 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

c. Request for new Affiliation. The instructor requesting the change shall submit to the employing agency or training school the Instructor Certification Application form CJSTC-71, the training center director, agency administrator, or designee shall enter the employment into the Commission’s ATMS, and the instructor’s ATMS Global Profile Sheet shall be maintained in the instructor’s file.

(b) Equivalent Instructor Training.

Instructor applicants who request an exemption from the required instructor training shall be evaluated by the training center director or designee for completion of equivalent instructor training by documenting the instructor applicant’s qualifications. Documentation shall include the instructor applicant’s training in all of the following competencies, or the training center director or designee may authorize the instructor applicant to complete only those portions of the Florida General Instructor Techniques Course for which the instructor applicant is deficient:

a. Training liability.

b. Ethics.

c. Human diversity training required by Section 943.1758, F.S.

d. Adult learning theory.

e. Communication skills.

f. Instructional aids.

g. Principles of instruction.

h. Lesson plan preparation.

i. Evaluation, measurement, and simulation.

j. Demonstration of instructional ability.

k. Group management.

l. Facilitation skills.

m. Applied Learning Concepts.

Instructor applicants shall complete an internship.

b. The instructor applicant shall demonstrate the applicable competencies listed on form CJSTC-81, which shall be maintained in the instructor’s file at the training school or agency.

Instructor applicants shall complete the Instructor Certification Application form CJSTC-71 and attach all required documentation prior to submitting the application for approval. The training center director, agency administrator, or designee is required to submit form CJSTC-71 to Commission staff or electronically transmit through the Commission’s ATMS. Form CJSTC-71 and supporting documentation on each affiliated instructor shall be maintained in the instructor’s file.

Instructor applicants are exempt from the Florida General Instructor Techniques when the instructor applicant is a full-time instructor at a vocational technical institution or an accredited community college, college, or university. The instructor applicant shall provide documentation of his or her full-time status and identify the name and location of the vocational technical institution, community college, college, or university.
Instructor applicants shall complete an internship pursuant to subparagraph (3)(b)2. of this rule section.
Instructor applicants shall complete the Instructor Certification Application form CJSTC-71 and attach all required documentation prior to submitting the application for approval. The training center director, agency administrator, or designee is required to submit form CJSTC-71 to Commission staff or electronically transmit through the Commission’s ATMS. Form CJSTC-71 and supporting documentation on each affiliated instructor shall be maintained in the instructor’s file.

(4) Exemption from General Instructor Certification. An individual, who has a professional or technical certification or three years of experience in the specified subject matter to be instructed, shall be exempt from General Instructor Certification. The training center director or designee shall document the individual’s qualifications by completing the Instructor Exemption, form CJSTC-82, revised August 13, 2020, effective 5/2021, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-14224, which shall be maintained in the course file at the training school. Form CJSTC-82 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

(5) An individual, whose certification has been revoked, relinquished, or is currently suspended, shall not instruct Commission-approved Basic Recruit Training, Advanced Training or Specialized Training Program Courses.

(6) An individual found in violation of Section 943.13(4), F.S., or is guilty of the offenses set forth in paragraphs 11B-20.0012(2)(a)-(f), F.A.C., shall not instruct Commission-approved Basic Recruit Training, Advanced Training, or Specialized Training Program Courses.

History

Rulemaking Authority 943.03(4), 943.12(1), 943.14(3) FS. Law Implemented 943.12(3), (9), 943.14(3) FS. History–New 7-21-82, Formerly 11B-20.01, Amended 10-26-88, 5-14-92, 12-8-92, 1-10-94, 1-2-97, 7-7-99, 8-22-00, 7-29-01, 11-5-02, 11-30-04, 3-27-06, 3-21-07, 6-9-08, 9-28-09, 6-3-10, 5-21-12, 3-13-13, 5-29-14, 7-29-15, 9-4-16, 7-19-17, 8-15-18, 7-9-19, 5-20-21, 6-23-22, 8-30-23, 6-20-24, 4-9-25, 6-4-26.

Fla. Admin. Code R. 11B-20.0011 Denial and Certification

History

Rulemaking Authority 943.12(1) FS. Law Implemented 943.12(3), (9), 943.14(3) FS. History–New 10-26-88, Repealed 1-2-97.

Fla. Admin. Code R. 11B-20.0012 Denial and Discipline of Instructor Certification

(1) The Criminal Justice Standards and Training Commission shall deny an instructor applicant’s request for certification, in the certification categories outlined in Rule 11B-20.0013, F.A.C., if the instructor applicant does not meet the minimum qualification requirements for General, High-Liability, or Specialized Instructor Certification, pursuant to Rules 11B-20.001 and 11B-20.0014, F.A.C. The Commission shall notify the instructor applicant by sending a “Notice of Intent to Deny Instructor Certification,” which shall specify the reason(s) for the denial of instructor certification. The affected party shall have a right to a hearing pursuant to Section 120.57, F.S., upon denial of certification.

(2) The Criminal Justice Standards and Training Commission is authorized to impose disciplinary action against an instructor’s certification if:

(a) The instructor willfully compromises the security and confidentiality of examinations, grading keys, or test specifications used in training courses, or engages in any other conduct that subverts or attempts to subvert the State Officer Certification Examination (SOCE) process; or

(b) The instructor willfully compromises or circumvents the student attendance requirements set forth in Rule 11B-35.001, F.A.C.; or

(c) The instructor willfully compromises or circumvents the trainee performance requirements pursuant to Rules 11B-35.001 and 11B-35.0024, F.A.C.; or

(d) The instructor intentionally and materially falsifies criminal justice documentation; or

(e) The instructor commits an act or acts establishing gross incompetence as determined by the Commission. Gross incompetence is the lack of ability or fitness to perform as an instructor as a result of emotional instability, or physical incapacitation, or inadequate technical knowledge of subject matter, or reckless disregard for the safety of trainees or the public.

(f) The instructor teaches or supervises a basic recruit trainee in any Commission-approved Basic Recruit Training Program and engages in a romantic or sexual relationship, as defined in paragraph 11B-20.001(1)(j), F.A.C., with that basic recruit trainee; and

Submission to the relationship is made either explicitly or implicitly a term or condition of the basic recruit trainee’s ability to complete the Basic Recruit Training Program; or
Submission to or rejection of the relationship by the basic recruit trainee is used as a basis for decisions affecting the basic recruit trainee’s participation in the Basic Recruit Training Program; or
The relationship is consensual and results in the basic recruit trainee receiving an undue advantage or some benefit in the Basic Recruit Training Program as a result thereof.

(g) The instructor commits an act or acts establishing a “lack of good moral character,” defined in subsection 11B-27.0011(4), F.A.C.

(3) Allegations of violations against an instructor, pursuant to subsection (2) of this rule section, shall be investigated upon receipt of a written complaint or a violation(s) discovered through an audit. All sustained violations of conduct shall be scheduled before a Commission Probable Cause Determination Hearing.

(4) A training center director or agency administrator, having good cause to believe that an instructor has violated subsection (2) of this rule section, shall conduct a preliminary inquiry, and report the findings to Commission staff. An administrative investigation based upon this report shall be conducted by Commission staff, and all sustained violations of conduct shall be scheduled before a Commission Probable Cause Determination Hearing.

(5) Should a Commission Probable Cause Determination Hearing find probable cause that an instructor has violated subsection (2) of this rule section, disciplinary proceedings shall be conducted pursuant to Chapter 120, F.S.

(6) Action taken by the Criminal Justice Standards and Training Commission, against an officer’s certification, pursuant to subsection 11B-27.005(9), F.A.C., shall also be applicable against an officer’s instructor certification.

(7) Notwithstanding subsection 11B-20.001(4), F.A.C., if an instructor’s certification is revoked, or is voluntarily relinquished, or the instructor has been adjudicated or found to be guilty of an offense, or has plead nolo contendere to any offense set forth in paragraphs 11B-20.0012(2)(a)-(f), F.A.C., the instructor shall not instruct Commission-approved Basic Recruit Training Program Courses, Advanced Training Program Courses, or Specialized Training Program Courses.

(8) The Criminal Justice Standards and Training Commission sets forth in subsections (1), (2) of this rule section, a range of disciplinary guidelines from which disciplinary penalties shall be imposed upon certified instructors who have been found by the Commission to have violated subsection 11B-20.0012(2), F.A.C.

(a) For the perpetration by the instructor of an act that would constitute any violation of paragraphs 11B-20.0012(2)(a)-(f), F.A.C., the Commission shall impose one or more of the following penalties:

Revocation of certification.
Suspension of certification for a period not to exceed two years.
Placement on a probationary status for a period not to exceed two years. Upon the violation of such terms and conditions, the Commission is authorized to revoke certification or impose additional penalties as enumerated in this subsection.
Successful completion by the instructor of any basic recruit, advanced, or career development training or such retraining required by the Commission.
Issuance of a reprimand.

(b) For the perpetration by the instructor of an act or acts that would constitute a violation of paragraph 11B-20.0012(2)(g), F.A.C., the Commission shall impose a penalty consistent with subsections 11B-27.005(4)-(7), F.A.C., for an act or acts establishing a “lack of good moral character’ defined in subsection 11B-27.0011(4), F.A.C.

History

Rulemaking Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12(3), 943.14(3) FS. History–New 10-26-88, Amended 1-2-97, 7-7-99, 7-29-01, 11-5-02, 11-30-04, 3-21-07, 6-9-08, 5-29-14, 8-15-18.

Fla. Admin. Code R. 11B-20.0013 Commission Instructor Certification Categories

Except as otherwise provided in this rule section or by law, individuals who instruct training courses pursuant to rule Chapter 11B-35, F.A.C., at or through a training school, shall be certified by the Criminal Justice Standards and Training Commission. The Commission offers the following categories of certification to instructor applicants:

(1) General Instructor Certification.

(2) High-Liability Instructor Certifications.

(a) Vehicle Operations Instructor Certification.

(b) Handgun Instructor Certification.

(d) First Aid Instructor Certification.

(e) Patrol Rifle Instructor Certification.

(f) Shotgun Instructor Certification.

(3) Specialized Instructor Certifications.

(a) Criminal Justice Diving Instructor Certification.

(b) Speed Measurement Instructor Certification.

(d) Breath Test Instructor Certification.

(e) Breath Test Instructor Certification – Intoxilyzer 9000.

History

Rulemaking Authority 943.03(4), 943.12(1), 943.14(3) FS. Law Implemented 943.12(3), (9), 943.14(3), 943.17 FS. History–New 7-29-01, Amended 11-5-02, 11-30-04, 3-21-07, 6-9-08, 5-29-14, 6-20-24, 4-9-25.

Fla. Admin. Code R. 11B-20.0014 Minimum Requirements for High-Liability and Specialized Instructor Certifications

(1) High-Liability Topics Instructor Certification. Instructor applicants shall comply with the following requirements for certification:

(a) Possess a General Instructor Certification or be eligible for General Instructor Certification and apply for General Instructor Certification at the same time the applicant is requesting certification in the high-liability topic. Multiple topics may be applied for at the same time.

(b) Complete three years’ experience as a certified criminal justice officer or three years’ experience in the topic of instruction for which certification is sought.

(c) Complete the instructor training requirements set forth in subsection (2) of this rule section, for High-Liability Instructor Topics for which the instructor applicant is requesting certification. The High-Liability Training Courses and proficiency requirements are outlined in Rule 11B-35.0024, F.A.C.

(d) Be evaluated by his or her students. Student evaluation shall be reviewed with the instructor applicant by a training center director, agency administrator, or an instructor designated by the training center director or agency administrator and documented on the Instructor Competency Checklist form CJSTC-81, revised August 15, 2024, effective 3/2025, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-17837.

(e) Complete the Instructor Certification Application form CJSTC-71 and attach all documents prior to submitting the application for approval.

(f) Instructor applicants who apply for a High-Liability Instructor Certification shall have completed the applicable High-Liability Instructor Course within four years of the date the instructor applicant applies for certification. Instructor applicants shall meet the requirements for High-Liability Instructor Certification for each topic requested.

(2) High-Liability Instructor Topics.

(a) Vehicle Operations Instructor Certification. Instructor applicants who request to obtain certification to instruct vehicle operations topics shall:

Comply with the requirements for General Instructor Certification pursuant to subsection 11B-20.001(3), F.A.C.; and,
Have successfully completed through a training school the Vehicle Operations Instructor Course; and,
Following successful completion of the Vehicle Operations Instructor Course, have successfully completed a high-liability internship documented on the Instructor Competency Checklist form CJSTC-81 that is supervised by a certified vehicle operations instructor.

(b) Handgun Instructor Certification. Instructor applicants who request to obtain certification to instruct handgun topics shall:

Comply with the requirements for General Instructor Certification pursuant to subsection 11B-20.001(3), F.A.C.; and,
Have successfully completed through a training school the Handgun Instructor Course (formerly Firearms Instructor Course); and,
Following completion of the Handgun Instructor Course, have successfully completed a high-liability internship documented on the Instructor Competency Checklist form CJSTC-81 that is supervised by a certified handgun instructor.

(c) Defensive Tactics Instructor Certification. Instructor applicants who request to obtain certification to instruct defensive tactics topics shall:

Comply with the requirements for General Instructor Certification pursuant to subsection 11B-20.001(3), F.A.C.; and,
Have successfully completed through a training school the Defensive Tactics Instructor Course which began on or after October 31, 2019 or completed through a training school the Defensive Tactics Instructor Course which began prior to October 31, 2019 and the Defensive Tactics Instructor Update course; and,
Following successful completion of the Defensive Tactics Instructor Course, have successfully completed a high-liability internship documented on the Instructor Competency Checklist form CJSTC-81 that is supervised by a certified defensive tactics instructor.

(d) First Aid Instructor Certification. Instructor applicants who request to obtain certification to instruct in first aid shall:

Have three years’ experience as a criminal justice officer; and,
Comply with the requirements for General Instructor Certification pursuant to subsection 11B-20.001(3), F.A.C.; and,
Have successfully completed through a training school the First Responder Instructor Course or CMS First Aid Instructor Course or complete a U.S. Department of Transportation recognized first responder instructor course; and,
Following successful completion of the First Aid Instructor Course, if required, have successfully completed a high-liability internship documented on the Instructor Competency Checklist form CJSTC-81 that is supervised by a certified first aid instructor; and,
Possess and maintain an active CPR Instructor Certification from the American Heart Association (AHA), American Red Cross (ARC), American Safety & Health Institute (ASHI), or other entity referenced in the Department of Health, Rule 64J-1.022, F.A.C. The instructor shall not let the CPR Instructor Certification lapse and shall provide documentation of renewal to the certifying agency or training school. If the CPR Instructor Certification expires during the instructor certification period, the instructor shall not instruct in first responder or first aid until the CPR Instructor Certification is renewed; or
Certain individuals, based on their education and training experience in the United States or its territories, are eligible for First Aid Instructor Certification without completing additional Commission-approved training and shall comply with subparagraphs (2)(d)4.-5. of this rule section:

a. Qualifying professional certifications or licenses:

Certified emergency medical technicians.
Certified paramedics.
Licensed physicians, who are actively involved in emergency care and have three years’ experience in emergency medical care.
Licensed physician’s assistants, who are actively involved in emergency care and have three years’ experience in emergency medical care.
Registered nurses or licensed practical nurses, who are actively involved in emergency care and have three years’ experience in emergency medical care.
Members of the Armed Forces of the United States on active duty entitled to practice as an Emergency Medical Technician (EMT) or a Florida paramedic set forth in Chapter 401, Part III, F.S.
Full-time instructors at a vocational technical institution or an accredited college or university, who instruct medical topics in EMT, paramedic, nursing, physician, or physician assistance programs.

b. To obtain a First Aid Instructor Certification, the instructor applicant shall provide a copy of the current qualifying professional’s certification or license and shall not allow the qualifying professional’s certification or license to lapse. The instructor applicant shall provide documentation of renewal to the certifying agency or training school. If the qualifying professional’s certification or license expires during the certification period, the instructor shall not instruct in first aid until the professional’s certification or license is renewed.

(e) Patrol Rifle Instructor Certification. Instructor applicants who request to obtain certification to instruct patrol rifle topics shall:

Comply with the requirements for General Instructor Certification pursuant to subsection 11B-20.001(3), F.A.C.; and,
Comply with the requirements for Handgun Instructor Certification pursuant to paragraph 11B-20.0014(2)(b), F.A.C.; and,
Have successfully completed through a training school the Patrol Rifle Instructor Course.

(f) Shotgun Instructor Certification. Instructor applicants who request to obtain certification to instruct shotgun topics shall:

Comply with the requirements for General Instructor Certification pursuant to subsection 11B-20.001(3), F.A.C.; and,
Comply with the requirements for Handgun Instructor Certification pursuant to paragraph 11B-20.0014(2)(b), F.A.C.; and,
Have successfully completed through a training school the Shotgun Instructor Course.

(3) Specialized Instructor Certifications. Instructor applicants who apply for a Specialized Instructor Certification shall have completed the applicable specialized instructor course within four years of the date the instructor applicant applies for certification. Instructor applicants who apply for a Specialized Instructor Certification more than four years from the date training was completed shall meet the requirements for completing an internship and demonstration of proficiency skills if applicable to the specialized topic. Instructor applicants shall meet the following requirements for each Specialized Instructor Certification requested:

(a) Criminal Justice Diving Instructor Certification to instruct the Underwater Police Science and Technology course number 077, pursuant to Rule 11B-35.006, F.A.C., shall:

Possess a General Instructor Certification or be eligible for General Instructor Certification and apply for a General Instructor Certification at the same time the applicant requests a Criminal Justice Diving Instructor Certification; and,
Possess and maintain a current Scuba Instructor Certification from a nationally recognized organization that meets the standards of the World Recreational Scuba Training Council (WRSTC) and have two years of experience as a public safety diver, or possess and maintain a Dive Master Certification from a nationally recognized organization that meets the standards of the WRSTC and have five years of experience as a public safety diver; and,
Have been employed in the capacity of a public safety diver within the past four years, or have instructed the Underwater Police Science and Technology course within the past four years.

(b) Speed Measurement Instructor Certification. Instructor applicants who request certification to instruct speed measurement training courses shall:

Possess a General Instructor Certification or be eligible for General Instructor Certification and apply for General Instructor Certification at the same time the applicant is requesting Speed Measurement Instructor Certification; and,
Possess three years’ experience as a speed measurement device operator; and,
Successfully complete at a training school, the Speed Measurement Instructor Course for Law Enforcement Officers, course number 1159 or the Radar Speed Measurement Instructor Course for Law Enforcement Officers, course number 1108, retired December 31, 2006, and the Laser Speed Measurement Device (LSMD) Instructor Transition Course for Radar Instructors, course number 1109, retired December 31, 2008; and,
Complete the Speed Measurement Device Instructor Field Evaluation, form CJSTC-10, revised August 13, 2020, effective 5/2021 hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-13126. Form CJSTC-10 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.
Following successful completion of the Speed Measurement Instructor Course, successfully complete a speed measurement internship supervised by a certified Speed Measurement Instructor and document on the Instructor Competency Checklist form CJSTC-81.
Be evaluated by his or her students. Student evaluations shall be reviewed with the instructor applicant by a training center director, agency administrator, or an instructor designated by the training center director or agency administrator, and documented on form CJSTC-81.

(c) Canine Team Instructor Certification. Instructor applicants who request to obtain certification to instruct Commission-approved canine team training courses shall:

Possess a General Instructor Certification or be eligible for General Instructor Certification and apply for a General Instructor Certification at the same time the applicant requests Canine Team Instructor Certification.
Possess a minimum of five years’ criminal justice canine team experience documented in the instructor applicant’s file at the training school or agency. This does not include canines used by certified officers exclusively for tracking and trailing or specific detection, which are excluded from the certification process.
Successfully complete the Canine Team Training Course number 1112 (retired 11/6/2013) or Canine Team Training Course number 1198 or an equivalent course approved by a Commission-approved evaluator.
Successfully complete the Canine Team Training Instructor Course number 1199 or Canine Team Training Instructor Course number 1107 (retired 11/6/2013), through a training school.
Complete the Canine Team Instructor Performance Evaluation, form CJSTC-20, revised August 15, 2024, effective 3/2025, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-17838. Form CJSTC-20 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.
Following successful completion of the Canine Team Training Instructor Course, successfully complete a Canine Team internship supervised by a certified Canine Team Instructor and document on the Instructor Competency form CJSTC-81. An instructor applicant shall instruct any topic of the Canine Team Training Course or Canine Team Training Instructor Course.
Be evaluated by his or her students. Student evaluations shall be reviewed with the instructor applicant by a training center director, agency administrator, or an instructor designated by the training center director or agency administrator, and documented on form CJSTC-81.
Provide verification that there is not a sustained “excessive use-of-force” complaint against the instructor applicant, involving the use of the canine at the time a canine was under his or her command, at the agency(s) where the instructor applicant obtained experience as a canine officer. The verification shall be documented on agency letterhead and signed by the agency administrator or designee.

(d) Breath Test Instructor Certification. Instructor applicants who request certification to instruct the Breath Test Operator Course, Breath Test Operator Renewal Course, Agency Inspector Course, and the Agency Inspector Renewal Course, pursuant to Rule 11B-35.007, F.A.C., shall:

Possess a General Instructor Certification or be eligible for General Instructor Certification and apply for a General Instructor Certification at the same time the applicant requests a Breath Test Instructor Certification.
Successfully complete the Breath Test Instructor Course and proficiency requirements outlined in paragraph 11B-35.0024(4)(d), F.A.C., through a training school.
Have a minimum of three years’ experience as a permitted breath test operator and agency inspector.
Possess a valid Breath Test Operator Permit and a valid Agency Inspector Permit at the time the application for breath test instructor certification is submitted.
Following successful completion of the Breath Test Instructor Course, successfully complete a Breath Test internship supervised by a certified Breath Test Instructor and document on the Instructor Competency Checklist form CJSTC-81. An instructor applicant shall instruct in one topic from any of the following courses: Breath Test Operator Course, Breath Test Operator Renewal Course, Agency Inspector Course, or Agency Inspector Renewal Course.
Be evaluated by his or her students. Student evaluations shall be reviewed with the instructor applicant by a training center director, agency administrator, or an instructor designated by the training center director or agency administrator, and shall be documented on form CJSTC-81, which shall be maintained in the instructor’s file at the training school or agency.
Alcohol Testing Program staff shall possess a General Instructor Certification pursuant to subparagraph (3)(d)1. of this rule section, and shall be exempt from the requirements of subparagraphs (3)(d)2.-6. of this rule section.

(e) Breath Test Instructor Certification-Intoxilyzer 9000. Instructor applicants who request certification to instruct the Breath Test Operator Course-Intoxilyzer 9000, Breath Test Operator Renewal Course-Intoxilyzer 9000, Agency Inspector Course-Intoxilyzer 9000, and the Agency Inspector Renewal Course-Intoxilyzer 9000, pursuant to Rule 11B-35.007, F.A.C., shall:

Possess a General Instructor Certification or be eligible for General Instructor Certification and apply for a General Instructor Certification at the same time the applicant requests a Breath Test Instructor Certification-Intoxilyzer 9000.
Successfully complete the Breath Test Instructor Course-Intoxilyzer 9000 and proficiency requirements outlined in paragraph 11B-35.0024(4)(d), F.A.C., through a training school.
Have a minimum of three years’ experience as a permitted Breath Test Operator-Intoxilyzer 9000 and Agency Inspector-Intoxilyzer 9000.
Possess a valid Breath Test Operator-Intoxilyzer 9000 Permit and a valid Agency Inspector-Intoxilyzer 9000 Permit at the time the application for breath test instructor certification is submitted.
Successfully complete a Breath Test internship supervised by a certified Breath Test Instructor and document on the Instructor Competency Checklist, form CJSTC-81. An instructor applicant shall instruct in one topic from any of the following courses: Breath Test Operator Course-Intoxilyzer 9000, Breath Test Operator Renewal Course-Intoxilyzer 9000, Agency Inspector Course-Intoxilyzer 9000, or Agency Inspector Renewal Course-Intoxilyzer 9000.
Be evaluated by his or her students. Student evaluations shall be reviewed with the instructor applicant by a training center director, agency administrator, or an instructor designated by the training center director or agency administrator, and shall be documented on form CJSTC-81, which shall be maintained in the instructor’s file at the training school or agency.
Alcohol Testing Program staff shall possess a General Instructor Certification pursuant to subparagraph (3)(e)1. of this rule section, and shall be exempt from the requirements of subparagraphs (3)(e)2.-6. of this rule section.
Breath Test Instructors who possess a valid certification prior to December 31, 2023 pursuant to subparagraph (3)(d)1.-6. of this rule section shall be exempt from the requirements of subparagraphs (3)(e)3.-6. of this rule section and shall be granted Breath Test Instructor-Intoxilyzer 9000 certification as well as Breath Test Operator and Agency Inspector Permits upon successful completion of Breath Test Instructor-Intoxilyzer 9000 course outlined in paragraph 11B-35.0024(4)(e).

History

Rulemaking Authority 943.03(4), 943.12(1), 943.14(3) FS. Law Implemented 943.12(3), (9), 943.13(6), 943.14(3) FS. History–New 7-29-01, Amended 11-5-02, 11-30-04, 3-27-06, 3-21-07, 6-9-08, 9-28-09, 3-13-13, 5-29-14, 7-29-15, 9-4-16, 7-19-17, 7-9-19, 5-20-21, 6-23-22, 8-30-23. 6-20-24, 4-9-25.

Fla. Admin. Code R. 11B-20.0015 Minimum Requirements to Instruct the CMS Application-Based Basic Recruit Training Programs

History

Rulemaking Authority 943.03(4), 943.12(1), 943.14(3) FS. Law Implemented 943.12(3), (9), 943.14(3) FS. History–New 7-29-01, Repealed 11-5-02.

Fla. Admin. Code R. 11B-20.0016 Inspection of Instructor Certification Applications

(1) For instructor applicants who have not been certified by the Commission and who have met the certification requirements set forth in Rules 11B-20.001 and 11B-20.0014, F.A.C., the employing training center director, agency administrator, or designee shall:

(a) Collect the Instructor Certification Application form CJSTC-71 and verify the instructor meets the requirements of paragraph 11B-20.001(2)(c), F.A.C. Verify the instructor’s professional expertise, pursuant with Rules 11B-20.001 and 11B-20.0014, F.A.C., for the specific certification being requested. Form CJSTC-71 and required documentation shall be maintained in the instructor’s training file at the training school or agency.

(b) Sign the instructor application after the instructor applicant has completed a satisfactory internship.

(2) If the instructor applicant’s file at the training school or agency is missing documentation or contains deficient documentation, the instructor applicant and the training school or agency shall be notified of such documentation on the Instructor Certification Deficiency Notification, form CJSTC-271, revised August 15, 2024, effective 3/2025, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-17839. Form CJSTC-271 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

(3) The effective date of the instructor certification shall be the date the application is approved by Commission staff. Application for additional instructor certification topics shall be made pursuant to Rules 11B-20.001 and 11B-20.0014, F.A.C. An instructor’s renewal date shall not change with the addition of instructor certification topics. Any additional instructor certification topics applied for within six months of the instructor’s renewal deadline shall automatically renew on the renewal deadline.

(4) The instructor applicant shall satisfy the deficiency(s) by submitting the required documentation to Commission staff within 90 days of the receipt of the Instructor Certification Deficiency Notification form CJSTC-271. The Commission has the authority to grant or deny the instructor applicant’s certification for failure to meet the 90-day requirement. Upon denial of the application, the instructor applicant may reapply for certification.

History

Rulemaking Authority 120.60(1), 943.03(4), 943.12(1), 943.14(3) FS. Law Implemented 120.60(1), 943.12(3), (9), 943.14(3) FS. History–New 7-29-01, Amended 11-5-02, 11-30-04, 3-27-06, 6-9-08, 3-13-13, 7-29-15, 9-4-16, 6-20-24, 4-9-25.

Fla. Admin. Code R. 11B-20.0017 Maintenance and Duration of Instructor Certifications

Documentation for instructors shall be maintained in the instructor’s file at the respective training school or agency. Additionally, the training school or agency shall submit or transmit to Commission staff, through the Commission’s ATMS, an Instructor Compliance Application, form CJSTC-84, revised August 15, 2024, effective 3/2025, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-17840, to verify compliance with the mandatory retraining requirements. Form CJSTC-84 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

(1) Instructors shall successfully complete the instructional and continuing education requirements outlined below every four years. The expiration of an instructor’s certification shall be March 31st of the fourth year following the instructor’s initial certification.

Example:

Original Instructor Certification Date

November 21, 2009

Instructor Four-year Anniversary Date

November 21, 2013

Instructor Renewal Deadline

March 31, 2014

(2) Instructors shall maintain Good Moral Character Standards pursuant to paragraph 11B-20.001(2)(c), F.A.C.

(3) General Instructor Certification. Instructors who possess a General Instructor Certification shall instruct in a Commission-approved Basic Recruit Training Program Course, Advanced Training Program Course, or Specialized Training Program Course delivered at a training school, or in-service training course delivered at an agency, once during their four-year cycle.

(4) High-Liability Instructor Certification. Commission-certified Instructors who possess a High-Liability Instructor Certification shall comply with the following requirements, once during their four-year cycle, to maintain an active certificate for each high-liability topic:

(a) Instruct in a Commission-approved Basic Recruit Training Program Course, Advanced Training Program Course, or Specialized Training Program Course delivered at a training school, or in-service training course delivered at an agency for each high-liability certification.

(b) Successfully complete continuing education or training approved by the training center director, agency administrator, or designee.

(5) Specialized Instructor Certification. Instructors who possess a Specialized Instructor Certification shall comply with the following requirements, once during their four-year cycle, to maintain certification:

(b) Successfully complete continuing education or training approved by the training center director, agency administrator, or designee. Breath Test Instructors shall successfully complete the corresponding Breath Test Instructor Renewal Course and proficiency requirements outlined in paragraph 11B-35.0024(4)(f) or (g), F.A.C.

(6) Commission staff and Alcohol Testing Program staff responsible for the oversight of training schools are exempt from the instructor maintenance requirements for Commission certification.

(7) Lapse of Instructor Certifications.

(a) Instructors who do not comply with subsection (3), (4) or (5) of this rule section shall complete the Instructor Certification Application form CJSTC-71, and attach all required documentation pursuant to paragraphs (7)(b)-(e) of this rule section, to request approval for reactivation of instructor certification.

(b) General Instructor Certification. Instructors whose General Instructor Certification has lapsed shall complete the General Instructor Refresher Course and an internship documented on the Instructor Competency Checklist, form CJSTC-81.

(c) High-Liability Instructor Certification. Instructors whose High-Liability Instructor Certification has lapsed for a period of four years or fewer shall:

Demonstrate proficiency skills in the applicable high-liability topic pursuant to Rule 11B-35.0024, F.A.C.; and,
Complete continuing education or training approved by the training center director, agency administrator, or designee; and,
Complete a high-liability internship documented on the Instructor Competency Checklist, form CJSTC-81, that is supervised by an instructor who is certified in the high-liability topic area.

(d) High-Liability Instructor Certification. Instructors whose High-Liability Instructor Certification has lapsed for a period of more than four years shall comply with subsection 11B-20.0014(1), F.A.C.

(e) Specialized Instructor Certification. Instructors whose Specialized Instructor Certification has lapsed shall complete an internship in the applicable specialized topic documented on form CJSTC-81.

(8) Breath Test Instructors who have not met the continuing education requirement required pursuant to paragraph (5)(b) in this rule section, shall successfully complete the corresponding Breath Test Instructor Renewal Course prior to submitting a request for reactivation of their Breath Test Instructor Certification.

(9) Breath Test Instructors who fail the Breath Test Instructor Renewal Course or Breath Test Instructor Renewal Course-Intoxilyzer 9000 shall successfully complete the corresponding Breath Test Instructor Course and proficiency requirements outlined in paragraph 11B-35.0024(4)(d) or (e), F.A.C., through a Commission-certified training school, complete a Breath Test internship, and apply for Breath Test Instructor certification.

History

Rulemaking Authority 943.03(4), 943.12(1), 943.14(3) FS. Law Implemented 943.12(3), 943.14(3) FS. History–New 7-29-01, Amended 11-5-02, 11-30-04, 3-27-06, 3-21-07, 6-9-08, 6-3-10, 3-13-13, 5-29-14, 7-29-15, 9-4-16, 7-19-17, 8-15-18, 6-23-22, 6-20-24, 4-9-25.

Fla. Admin. Code R. 11B-20.0018 Commission Instructor Certification Application

History

Rulemaking Authority 943.03(4), 943.12(1), 943.14(3) FS. Law Implemented 943.12(3), (9), 943.14(3) FS. History–New 7-29-01, Repealed 11-5-02.

Fla. Admin. Code R. 11B-20.002 Trainee/Instructor Ratio

History

Rulemaking Authority 943.12(1), 943.14(3) FS. Law Implemented 943.14(3) FS. History–New 12-28-83, Formerly 11B-20.02, Amended 10-26-88, 5-20-90, Repealed 8-1-91.

Chapter 11B-21 CERTIFICATION OF CRIMINAL JUSTICE TRAINING SCHOOLS

Fla. Admin. Code R. 11B-21.001 Local Advisement and Definitions

(1) “Training school” means those training academies and training schools that are certified by the Criminal Justice Standards and Training Commission.

(2) “Training program(s)” means Commission-approved training administered by Commission-certified criminal justice training schools pursuant to rule Chapter 11B-35, F.A.C.

(3) Each training school shall establish a method for receiving advisement from the employing agencies served by the training school. The advisement method shall consist of an established advisory committee, a Regional Training Council, or any other method agreed upon by the training school and employing agencies in the service area.

(4) The purpose of such advisement shall be to provide information concerning training needs, number of trainees to be enrolled, type of training courses to be offered, effectiveness of training, expenditure of Criminal Justice Standards and Training Trust Fund Officer Training Monies, and other information that may be useful to training schools.

(5) Training School Customer Survey. With respect to the services provided by training schools, a Satisfaction Survey of officer training needs shall be conducted to maintain on-going communication with criminal justice agencies. The survey shall be conducted twice during the certification period and shall be distributed to criminal justice agencies and returned to Commission staff for compilation of survey findings. The survey findings shall be forwarded to the respective training schools for review and a report containing the compilation of survey findings shall be submitted to the Criminal Justice Standards and Training Commission.

History

Rulemaking Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.12(5), (6), 943.25(4), (9) FS. History–New 7-21-82, Amended 1-26-83, 9-1-83, 1-28-86, Formerly 11B-21.01, Amended 1-2-97, 7-7-99, 11-5-02, 11-30-04, 3-27-06.

Fla. Admin. Code R. 11B-21.002 Criminal Justice Training Schools’ Request for Certification, Expansion of Certification, and Re-certification

(1) Training organizations requesting Commission certification, re-certification, or expansion of a current certification shall apply to the Commission by submitting to Commission staff a completed Training School Certification, Re-certification, or Expansion of Certification Application, form CJSTC-29, revised November 6, 2014, effective 7-2015, hereby incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-05628. Form CJSTC-29 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615. Form CJSTC-29 shall reflect that certification is for the training organization requesting the certification, re-certification, or expansion of a current certification.

(2) Pursuant to Section 943.12(3), F.S., the Commission shall authorize the issuance of certificates to criminal justice training schools. A training school shall be categorized as a type “A,” “B,” or “C,” certification and assigned one of the following certification codes:

(a) Type “A” certification grants a training school the authority to deliver Commission-approved Basic Recruit Training Program Courses for law enforcement, correctional, and correctional probation officers, and Commission-approved Advanced and Specialized Training Program Courses outlined in rule Chapter 11B-35, F.A.C.

(b) Type “B” certification grants a training school the authority to deliver Commission-approved Basic Recruit Training Program Courses for law enforcement and Commission-approved Advanced and Specialized Training Program Courses outlined in rule Chapter 11B-35, F.A.C.

(c) Type “C” certification grants a training school the authority to deliver Commission-approved Basic Recruit Training Program Courses for correctional and correctional probation officers, and Commission-approved Advanced and Specialized Training Program Courses outlined in rule Chapter 11B-35, F.A.C.

(3) Request for Training School Initial Certification.

(a) The training organization requesting initial certification shall obtain approval from the Regional Training Council in its area prior to applying for an initial certification, via a Training School Certification, Re-certification, or Expansion of Certification Application form CJSTC-29.

(b) A training needs analysis shall be conducted by Commission staff for the region or local training area to be served by the organization requesting certification. An inspection shall be conducted of the training organization to ensure compliance with the requirements for certification pursuant to Rule 11B-21.005, F.A.C. An application for certification of a training organization shall be denied by the Commission for any training organization that does not demonstrate that a training need exists in the region or local training area intended to be served by the training organization or does not comply with the requirements set forth in Rule 11B-21.005, F.A.C.

(c) A training organization shall receive a notice of intent to approve or deny certification. If a request for certification is denied, the notice shall specify the grounds for the denial, and the denial shall be conducted pursuant to Chapter 120, F.S. A training organization that has been denied Commission certification as a training school may reapply or petition the Commission after such action is effective. The Commission shall require a hearing, at which time the affected training organization shall show cause why its application for certification should be accepted, or its petition granted.

(d) Commission approval of a training school for delivery of Commission training shall continue in effect until the next recertification date pursuant to paragraph 11B-21.002(5)(a), F.A.C.

(4) Request for Expansion for Certification. A training school that requests expansion of its certification shall follow the procedures in subsection 11B-21.002(3), F.A.C. The expansion portion of the certification shall be treated as an initial certification. The certification expiration date of the expansion shall remain the same as the current expiration date.

(5) Request for Commission Re-certification.

(a) A training school that requests continued certification by the Commission shall submit a completed Criminal Justice Training School Certification, Re-certification or Expansion of Certification Application form CJSTC-29, to Commission staff no later than January 1st of the year the certification expires. Recertification dates for training schools shall be July 1, 2006, then July 1, 2010, and every five years thereafter.

(b) A training school that requests continued certification by the Commission shall be officially evaluated by a Commission-appointed certification team to determine compliance with Commission rules regarding certificate renewal. The Commission shall deny an application for certification of a training school if the training school has had its certification revoked pursuant to Rule 11B-21.018, F.A.C.

(c) The certification team shall report its findings to the Commission, along with a formal recommendation regarding the training schools request for re-certification. The certification team shall be comprised of Commission staff and one individual appointed by the Chairman of the training school’s Local Advisory Committee, or if there is no Local Advisory Committee, the Chairman of the training school’s Regional Training Council.

(d) A training school shall be given a notice of intent to approve or deny certification. If certification is denied, the notice shall specify the grounds for denial. The denial of an application for renewal of certification shall be conducted pursuant to Chapter 120, F.S. The Commission shall request a hearing and the affected training school shall be required to show cause why its application for renewal of certification should be accepted, or its petition granted.

History

Rulemaking Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.12(3), 943.14 FS. History–New 7-21-82, Amended 1-28-86, Formerly 11B-21.02, Amended 12-13-92, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 11-30-04, 3-21-07, 6-9-08, 9-28-09, 3-13-13, 7-29-15, 9-4-16.

Fla. Admin. Code R. 11B-21.003 Training Center Certification Procedures

History

Rulemaking Authority 943.12(9) FS. Law Implemented 943.12(5) FS. History–New 7-21-82, Formerly 11B-21.03, Repealed 1-28-86.

Fla. Admin. Code R. 11B-21.004 Certification Codes

History

Rulemaking Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.12(3), (7), 943.14 FS. History–New 7-21-82, Formerly 11B-21.04, Amended 1-28-86, 7-13-87, 6-2-91, 7-7-99, Repealed 11-5-02.

Fla. Admin. Code R. 11B-21.005 Criminal Justice Training School Requirements for Certification and Re-certification

Training Schools certified by the Commission shall comply with the following requirements:

(1) Provide criminal justice training to criminal justice agencies and officers in its service area.

(2) Comply with the requirements set forth in rule Chapter 11B-35, F.A.C., when delivering Commission-approved training.

(3) Classroom Facility and Equipment Requirements. Comply with the classroom facility and equipment requirements set forth in the Training School Classroom Facility Requirements, form CJSTC-205, revised August 15, 2024, effective 3/2025, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-17841. Form CJSTC-205 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

(4) Driving Range Facility, Equipment, and Instructor to Student Ratio Requirements.

(a) When conducting Commission-approved vehicle operations training, comply with the driving range facility, equipment, and instructor to student ratio requirements set forth in subsection 11B-35.0021(8), F.A.C., and in the Driving Range Facility and Equipment Requirements, form CJSTC-202, revised August 15, 2024, effective 3/2025, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-17842. Form CJSTC-202 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

(b) Deviation from the Standard Driving Range. Should any driving range proposed for construction after July 1, 1988, deviate from the standards set forth in form CJSTC-202, plans for such construction shall be submitted to Commission staff for initial review, and then to the Commission for final approval or disapproval. Justification for such construction shall include a statement of explanation and supporting documentation justifying the need to deviate from the established standard. A recommendation for deviation from the Commission’s driving facility requirement shall ensure that vehicle operation training exercises can be safely and effectively performed.

(5) Defensive Tactics Facility, Equipment, and Instructor to Student Ratio Requirements. When conducting Commission-approved defensive tactics training, comply with the defensive tactics equipment, facility, and instructor to student ratio requirements set forth in subsection 11B-35.0021(8), F.A.C., and in the Defensive Tactics Facility and Equipment Requirements, form CJSTC-203, revised August 15, 2024, effective 3/2025, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-17843. Form CJSTC-203 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

(6) Firing Range Facility, Equipment, and Instructor to Student Ratio Requirements. When conducting Commission-approved firearms training, comply with the firing range equipment, facility, and instructor to student ratio requirements set forth in subsection 11B-35.0021(8), F.A.C., and in the Firing Range Facility and Equipment Requirements, form CJSTC-201, revised August 14, 2025, effective 5/2026, hereby incorporated by reference https://flrules.org/Gateway/reference.asp?No=Ref-19446. Form CJSTC-201 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615. Firearms training shall be supervised directly by a Commission-certified handgun, rifle, or shotgun instructor, as appropriate, and the instructor shall have access to at least one firearms range designed for criminal justice firearms instruction.

(7) First Aid Facility, Equipment, and Instructor to Student Ratio Requirements. When conducting Commission-approved first aid training, comply with the first aid equipment, facility, and instructor to student ratio requirements set forth in subsection 11B-35.0021(8), F.A.C., and in the First Aid Instructional Requirements, form CJSTC-208, revised August 15, 2024, effective 3/2025, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-17845. Form CJSTC-208 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

(8) Staffing Requirements. Comply with the personnel requirements set forth in the Staffing Requirements, form CJSTC-204, revised August 15, 2024, effective 3/2025, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-17846. Form CJSTC-204 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615. The following specifications shall be met:

(a) One full-time salaried criminal justice training center director designated by a training school, and employed on a 12-month calendar with faculty or administrative status, whose responsibilities are the management and quality control of the Commission-approved training programs and do not include a teaching assignment. Any additional administrative responsibilities or any instructional responsibilities shall not be undertaken by the director upon a finding that such additional responsibilities interfere with the director’s effective management of the training school. A training center director or interim training center director initially employed on or after July 1, 1990, shall at minimum, hold a bachelor’s degree from an accredited college or university, and possess no less than two years’ experience in the criminal justice field. Training center directors shall be responsible for the scheduling, presentation, and management of Commission-approved training programs, which shall include preparation of required reports and records, assuring quality of instruction, administration, and security of examinations. A training center director’s designee shall be employed full-time with faculty or administrative status, whose responsibilities are the management and quality control of Commission-approved training.

(b) At least one full-time clerk or administrative assistant assigned to report to the training center director, whose responsibilities are limited to providing clerical and administrative assistance to the director. Two or more individuals may perform such clerk or administrative assistant duties, if the aggregate personnel time dedicated to these duties is equivalent, at minimum, to a full-time position.

(c) At least two full-time criminal justice training instructor or instructional coordinator positions assigned to report solely to the training center director for training schools with a Type “A” certification. One coordinator position can be composed of two or more instructional coordinators, provided the aggregate personnel time dedicated to these duties is equivalent to one full-time position. A training school with a Type “B” or “C” certification shall have at least one full-time criminal justice training instructor or instructor coordinator position assigned to report solely to the training center director. In the absence of the director, at least one full-time instructor, instructional coordinator, or other individual specifically designated by the director shall be accessible while criminal justice training is being administered and shall be responsible for quality control.

(9) Comply with the instructor certification requirements set forth in rule Chapter 11B-20, F.A.C., when delivering Commission-approved training.

(10) Basic Abilities Testing Requirements pursuant to Rule 11B-35.0011, F.A.C., and Section 943.17(1)(g), F.S. Effective January 1, 2002, training schools certified by the Commission that provide Commission-approved Basic Recruit Training Programs shall:

(a) Adopt a Commission-approved basic abilities test as an entry requirement into a Law Enforcement or Correctional Basic Recruit Training Program. Correctional Probation Officers and individuals applying for a Law Enforcement Basic Recruit Training Program that are veterans as defined in Section 1.01(14), F.S., or hold an associate degree or higher from an accredited college or university are exempt from taking the basic abilities test.

(b) Require, for admission into a Commission-approved Basic Recruit Training Program, a passing score from a Commission-approved basic abilities test, which shall be accepted by any training school. A passing score is valid four years from the date of the test.

(c) Not exempt a student from taking a Commission-approved basic abilities test unless otherwise noted in subsection 11B-21.005(10)(a), F.A.C.

(11) Comply with criminal history background requirements as set forth in subsection 11B-27.00211(4), F.A.C., and Section 943.14(7), F.S.

(12) Comply with requirements for notification of changes in requirements for certification. Training schools with changes in staff and facilities during the school’s active certification period shall:

(a) Provide notification to Commission staff, in writing or via e-mail to your field specialist, of any changes in the training school’s staffing requirements, pursuant to subsection 11B-21.005(8), F.A.C., within 10 working days upon hiring or separation of personnel.

(b) Provide notification to Commission staff, in writing or via e-mail, of any changes in the training school’s facility requirements. Such notification shall include locations by the type of facility and street address, and certify in writing to Commission staff that the facility is in compliance with Rule 11B-21.005, F.A.C.

Training schools shall notify Commission staff of any changes in facility sites and the site’s compliance with the Commission’s requirements, thirty days prior to delivering training or immediately upon scheduling when under thirty days.
Driving ranges, firearms ranges, and defensive tactics facilities shall not be used for Commission training until approved by Commission staff.

History

Rulemaking Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.12(2), (3), (8), 943.14, 943.17(1)(g) FS. History–New 7-21-82, Formerly 11B-21.05, Amended 1-28-86, 8-30-89, 12-24-89, 6-3-91, 12-13-92, 1-2-97, 7-7-99, 8-22-00, 7-29-01, 11-5-02, 11-30-04, 3-27-06, 3-21-07, 6-9-08, 9-28-09, 5-21-12, 3-13-13, 5-29-14, 9-4-16, 8-15-18, 5-20-21, 6-23-22, 8-30-23, 6-20-24, 4-9-25, 6-4-26, Technical Change 7-10-26.

Fla. Admin. Code R. 11B-21.0051 Criminal Justice Training School Satellite Facilities and Equipment Requirements

(1) A satellite facility shall be defined as a training facility or location that is not part of the immediate premises of a training school and is not used to comply with a training school’s certification requirements. A high-liability satellite training facility shall comply with the facility and equipment requirements set forth in subsection 11B-21.019(1), F.A.C.

(2) Such training schools utilizing satellite training facilities, inclusive of high-liability facilities, to deliver training, shall:

(a) Provide notification, in writing, via e-mail, or telephonic communication, pursuant to subsection 11B-35.001(2), F.A.C.

(b) Identify active satellite locations by the type of facility and street address, and certify in writing to Commission staff prior to July 1 of each fiscal year that its designated satellite training facility complies with Rule 11B-21.005, F.A.C. Training schools shall notify Commission staff of any new satellite sites and the satellite site’s compliance with the Commission’s requirements, prior to delivering training, or immediately upon scheduling the course when under thirty days. Prior to utilizing a satellite training facility, pursuant to Rule 11B-21.005, F.A.C., a driving range, firearms range, and defensive tactics facility shall comply with the equipment and facility requirements, and shall not be used for Commission training until approved by Commission staff.

(c) Comply with the requirements of Rule 11B-21.005, F.A.C., for the delivery of training at satellite sites. Only those sites that submit notification to Commission staff, set forth in subsection 11B-35.001(2), F.A.C., regarding notification of scheduled courses, shall be approved to instruct training at a satellite facility.

(d) Obtain approval from the affected Regional Training Council(s) and local training school prior to delivery of training at a satellite site outside its service area. Notification of such action shall be submitted to Commission staff.

History

Rulemaking Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.12(3), (7), 943.14, 943.17(1)(g) FS. History–New 11-5-02, Amended 11-30-04.

Fla. Admin. Code R. 11B-21.006 Recertification

History

Rulemaking Authority 943.12(9) FS. Law Implemented 943.12(5) FS. History–New 7-21-82, Amended 9-1-83, Formerly 11B-21.06, Repealed 1-28-86.

Fla. Admin. Code R. 11B-21.007 Probation Period

History

Rulemaking Authority 943.12(9) FS. Law Implemented 943.12(5) FS. History–New 7-21-82, Formerly 11B-21.07, Repealed 1-28-86.

Fla. Admin. Code R. 11B-21.008 Reapplication or Reinstatement

History

Rulemaking Authority 943.12(9) FS. Law Implemented 943.12(5) FS. History–New 7-21-82, Formerly 11B-21.08, Repealed 1-28-86.

Fla. Admin. Code R. 11B-21.009 Information and Inspection

History

Rulemaking Authority 943.12(9) FS. Law Implemented 943.12(5) FS. History–New 7-21-82, Formerly 11B-21.09, Repealed 1-28-86.

Fla. Admin. Code R. 11B-21.010 Official Inquiry

History

Rulemaking Authority 943.12(1) FS. Law Implemented 943.12(5), 943.14 FS. History–New 7-21-82, Amended 1-28-86, Formerly 11B-21.10, Amended 12-13-92, 8-7-94, 1-2-97, Repealed 7-7-99.

Fla. Admin. Code R. 11B-21.011 Revoke, Annul or Suspend Certification

History

Rulemaking Authority 943.12(9) FS. Law Implemented 943.12(5) FS. History–New 7-21-82, Formerly 11B-21.11, Repealed 1-28-86.

Fla. Admin. Code R. 11B-21.012 Training Center Directors

History

Rulemaking Authority 943.12(1) FS. Law Implemented 943.14 FS. History–New 7-21-82, Amended 1-28-86, Formerly 11B-21.12, Amended 12-13-92, Repealed 1-2-97.

Fla. Admin. Code R. 11B-21.013 Reporting Procedures

History

Rulemaking Authority 943.12 FS. Law Implemented 943.12(1) FS. History–New 7-21-82, Formerly 11B-21.13, Repealed 1-28-86.

Fla. Admin. Code R. 11B-21.014 Admission of Trainees

History

Rulemaking Authority 943.03(3), 943.12(9) FS. Law Implemented 943.12(1) FS. History–New 7-21-82, Formerly 11B-21.14, Repealed 1-28-86.

Fla. Admin. Code R. 11B-21.015 Trainee Attendance and Performance

History

Rulemaking Authority 943.03(4), 943.12(9) FS. Law Implemented 943.12(1), (3), 943.14(1) FS. History–New 7-21-82, Amended 1-26-83, 9-1-83, 6-25-84, 7-30-84, Formerly 11B-21.15, Repealed 1-28-86.

Fla. Admin. Code R. 11B-21.016 Basic Recruit Training Course Operations

History

Rulemaking Authority 943.03(3), 943.12(9) FS. Law Implemented 943.12(2), 943.14(1) FS. History–New 7-21-82, Amended 9-1-83, Formerly 11B-21.16, Repealed 1-28-86.

Fla. Admin. Code R. 11B-21.017 Denial of Certification or Renewal of Certification

History

Rulemaking Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.12(3), (7), 943.14 FS. History–New 9-17-89, Amended 1-2-97, 7-7-99, 8-22-00, Repealed 11-5-02.

Fla. Admin. Code R. 11B-21.018 Criminal Justice Training School Disciplinary Guidelines and Revocation of Certification

(1) The certification of a training school shall be revoked, suspended, or placed on probation if any of the following violations occur:

(a) Failure to maintain compliance with training school requirements pursuant to Rule 11B-21.005, F.A.C.

(b) Failure to comply with rule Chapter 11B-18, F.A.C., that regulates the administration, expenditure, and accounting of Criminal Justice Standards and Training Trust Fund Officer Training Monies.

(c) Failure to notify the Commission of acts committed by Commission-certified training instructors that constitute grounds for revocation of instructor certification pursuant to Rule 11B-20.0012, F.A.C.

(d) Failure to comply with trainee attendance and performance standards pursuant to subsections 11B-35.001(10) and (12), F.A.C.

(e) Failure to comply with Criminal Justice Standards and Training Commission rules that regulate training pursuant to rule Chapters 11B-21, 11B-30 and 11B-35, F.A.C.

(2) Information obtained from a written complaint or other documentation, shall be used by the Commission to determine whether probable cause exists to justify the initiation of administrative action against the training school’s certificate. Should a Commission Probable Cause Determination Hearing find probable cause to believe that the training school has committed a violation of Commission rules, the Commission shall:

(a) Issue an Administrative Complaint, or

(b) Resolve the case pursuant to Section 120.569, F.S.

(3) Should the Commission revoke the certification of a training school, Commission staff shall schedule an audit and inventory pursuant to Sections 943.12(3) and 943.25(3), F.S., of class file documentation, monies, equipment, and property that have been acquired by the training school with Criminal Justice Standards and Training Trust Fund Officer Training Monies. The audit and inventory shall be conducted within thirty calendar days from the date the Commission took action on the training school’s certification, and:

(a) A training school shall submit to Commission staff unexpended Criminal Justice Standards and Training Trust Fund Officer Training Monies for deposit into the trust fund within thirty calendar days of the date of the audit and inventory.

(b) A training school shall transfer equipment and property acquired with Criminal Justice Standards and Training Trust Fund Officer Training Monies to Commission staff within thirty calendar days of the audit and inventory completion date.

(c) A training school shall submit to Commission staff class file records necessary to verify student attendance and performance for Commission-approved training conducted by a training school, or provide written documentation that the training school shall honor all requests for information and verification of data contained in the class files.

(d) Commission staff shall coordinate with representatives of the affected Regional Training Council to schedule appropriate disposition of Officer Training Monies, trust fund equipment and property, and criminal justice training class file records.

(4) A training school whose Commission certification has been revoked may reapply or petition the Commission for certification pursuant to the provisions of paragraph 11B-21.002(5)(d), F.A.C.

History

Rulemaking Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.12(3), 943.14, 943.25(3) FS. History–New 10-17-90, Amended 12-13-92, 8-7-94, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 11-30-04, 6-9-08, 9-4-16, 8-15-18.

Fla. Admin. Code R. 11B-21.019 Criminal Justice Training School Inspections

Section 943.12(3), F.S., authorizes the Criminal Justice Standards and Training Commission to issue certificates to criminal justice training schools. These training schools shall abide by the requirements for administration and instruction of Commission-approved training pursuant to Chapters 11B-21 and 11B-35, F.A.C.

(1) A comprehensive inspection of training schools shall be conducted annually no later than December 31 of each year, by Commission staff or the training center director or designee, to ensure compliance with Rules 11B-21.005 and 11B-21.0051, F.A.C. Commission staff shall conduct a comprehensive inspection of the training schools during the second year of the five-year training school certification period and in conjunction with the five-year training school recertification, pursuant to paragraph 11B-21.002(5)(b), F.A.C. The training center director or designee shall conduct a comprehensive inspection of their training school during each of the remaining years of the training school certification period. When the training center director or designee conducts an inspection, the training center director or designee shall complete, sign, and forward to Commission staff, the following applicable form(s):

(a) Firing Range Facility and Equipment Requirements form CJSTC-201.

(b) Driving Range Facility and Equipment Requirements form CJSTC-202.

(d) First Aid Instructional Requirements form CJSTC-208.

(2) Random inspections shall be conducted by Commission staff of classroom facilities, courses in session, staffing requirements, statute and rule compliance, and shall be documented on the following applicable form(s):

(a) Training School Contact Report, form CJSTC-200, revised August 15, 2024, effective 3/2025, hereby incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-17850. Form CJSTC-200 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

(b) Staffing Requirements form CJSTC-204.

(3) The training center director or designee will notify Commission staff immediately if any areas of non-compliance are noted during the annual inspection. Training schools shall correct the areas of non-compliance within 30 days from the date the training center director or designee conducts the inspection or the date the training schools are notified by Commission staff. All areas of non-compliance shall be corrected prior to the subsequent use of the facilities for delivery of training.

(4) Commission staff shall conduct a re-inspection of the areas of non-compliance that were recorded on the form(s) to ensure corrective action has taken place and shall complete a Non-Compliance Follow-up Report, form CJSTC-206, revised August 15, 2024, effective 3/2025, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-17851. Form CJSTC-206 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

(5) The Commission chairperson shall be notified of continued non-compliance of training schools regarding “deficiency(ies)” recorded and “complaint(s)” opened pursuant to the disciplinary provisions of Rule 11B-21.018, F.A.C. Notification of an “Official Inquiry” shall be provided to the training school.

(6) Findings resulting from the Commission’s complaint process shall be used by the Commission in determining whether probable cause exists to issue an administrative complaint seeking revocation of a certificate, or a statement denying a request for certification or re-certification.

History

Rulemaking Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.12(3), 943.14 FS. History–New 11-5-02, Amended 11-30-04, 6-9-08, 9-4-16, 4-9-25.

Chapter 11B-27 CERTIFICATION AND EMPLOYMENT OR APPOINTMENT

Fla. Admin. Code R. 11B-27.001 Purpose

History

Rulemaking Authority 943.12(1) FS. Law Implemented 120.60, 943.12 FS. History–New 10-6-82, Amended 4-26-84, 1-7-85, Formerly 11B-27.01, Amended 7-13-87, Repealed 6-29-95.

Fla. Admin. Code R. 11B-27.0011 Moral Character

(1) For the purpose of certification, employment, or appointment, pursuant to procedures established by paragraph 11B-27.002(1)(g) and Rule 11B-27.00225, F.A.C., the employing agency is responsible for conducting a thorough background investigation to determine the moral character of an applicant, pursuant to Section 943.13(7), F.S.

(2) The unlawful use of any controlled substances pursuant to Rule 11B-27.00225, F.A.C., by an applicant for certification, employment, or appointment, at any time proximate to the submission of application for certification, employment, or appointment, conclusively establishes that the applicant is not of good moral character pursuant to Section 943.13(7), F.S. The unlawful use of any controlled substances specified in Rule 11B-27.00225, F.A.C., by an applicant may or may not conclusively establish that the applicant is not of good moral character pursuant to Section 943.13(7), F.S., depending upon the type of controlled substance used, the frequency of use, and the age of the applicant at the time of use. Nothing in this rule chapter is intended to restrict the requirements of Section 943.13(7), F.S., to controlled substance use only.

(3) Upon written request and submission of materials, the Commission shall evaluate the qualification of an applicant to determine compliance with “good moral character” pursuant to this rule section. Written materials submitted to the Commission upon request for reinstatement of certification shall include, if available, all prior Commission disciplinary records, agency disciplinary records, victim statement(s), or citizen input. The Notice of Petition for reinstatement shall be published in the Florida Administrative Register or in the jurisdiction of the petitioning agency.

(4) For the purposes of the Criminal Justice Standards and Training Commission’s implementation of any of the penalties specified in Section 943.1395(6) or (7), F.S., a certified officer’s failure to maintain good moral character required by Section 943.13(7), F.S., is defined as:

(a) The perpetration by an officer of an act that would constitute any felony offense, whether criminally prosecuted or not.

(b) Except as otherwise provided in Section 943.13(4), F.S., a plea of guilty, an adjudication of guilt, or a verdict of guilty after a criminal trial for any of the following misdemeanor or criminal offenses, notwithstanding any suspension of sentence or withholding of adjudication, or the perpetration by an officer of an act that would constitute any of the following misdemeanor or criminal offenses whether criminally prosecuted or not:

Sections 316.193, 316.1939, 327.35, 365.16(1)(c), (d), 414.39, 499.03, 741.31, 784.011, 784.03, 784.047, 784.048, 784.05, 784.049(3)(a), 784.046(15), 790.01, 790.10, 790.15, 790.27, 794.027, 796.07, 800.02, 800.03, 806.101, 806.13, 810.08, 810.14, 812.014, 812.015, 812.14, 810.145, 817.235, 817.49, 817.563, 817.565, 817.61, 817.64, 827.04, 828.12, 831.30, 831.31(1)(b), 832.05, 836.12(2), 837.012, 837.05, 837.055, 837.06, 839.13, 839.20, 843.02, 843.03, 843.06, 843.085, 847.011, 856.021, 870.01, 893.13, 893.147, 901.36, 914.22, 934.03, 934.425, 944.35, 944.37, 944.39, 944.47, and 951.22, F.S.
Any principal, accessory, attempt, solicitation, or conspiracy, pursuant to Chapter 777, F.S., which had the crime been committed or completed would have been a felony offense; or
The perpetration of an act in any jurisdiction other than the State of Florida, which if committed in the State of Florida would constitute any offense listed in this rule section.

Excessive use of force, defined as a use of force on a person by any officer that is not justified under Section 776.05 or 776.07, F.S., or a use of force on an inmate or prisoner by any correctional officer that would not be authorized under Section 944.35(1)(a), F.S.
Misuse of official position, defined by Section 112.313(6), F.S.
Having an unprofessional relationship with an inmate, detainee, probationer or parolee, or community controllee. An unprofessional relationship is defined as:

a. Having written or oral communication with an inmate, detainee, probationer or parolee, or community controllee that is intended to facilitate conduct prohibited by this rule section; or

b. Engaging in physical contact not required in the performance of official duties, and is defined as kissing, fondling of the genital area, buttocks, or breasts, massaging or similar touching, holding hands, any other physical contact normally associated with the demonstration of affection or sexual misconduct as applied to all certifications, which is defined in Section 944.35(3), F.S.

c. Engaging in a romantic association with an inmate, detainee, probationer, parolee, or community controlee. “Romantic association” is defined as the exchange of telephone calls, pictures, letters, greeting cards, or any other form of oral or written communication, which expresses feelings or thoughts of affection or the desire to engage in a romantic relationship whether emotional or physical. This subsection shall not apply to an officer who is legally married to an inmate, detainee, probationer or parolee, or community controlee in the community, nor does it apply to any officer who has no knowledge, or reason to believe, that the person with whom the officer has engaged in a romantic association is an inmate, detainee, probationer or parolee, or community controlee.

Sexual harassment pursuant to and consistent with decisions interpreting 29 C.F.R. 1604.11, including unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; or

b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

c. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

Engaging in oral, anal, or vaginal penetration by, or union with, the sexual organ of another person or engaging in anal or vaginal penetration by any other object while on duty, or at any time the officer is acting under the color of authority as a Commission-certified criminal justice officer, and not done for a bona fide medical purpose or in the lawful performance of the officer’s duty.
False statements during the employment application process.
Conduct that subverts or attempts to subvert the State Officer Certification Examination process pursuant to Rule 11B-30.009, F.A.C.
Conduct that subverts or attempts to subvert the Basic Abilities Test process pursuant to subsection 11B-35.0011(1), F.A.C.
Conduct that subverts or attempts to subvert the examination process for Commission-approved training at a Commission-certified training school or an employing agency promotional examination process which shall include the following:

a. Removing from the examination room any of the examination materials.

b. Reproducing or reconstructing any portion of the examination.

c. Aiding by any means in the reproduction of any portion of the examination.

d. Selling, distributing, buying, receiving, or having unauthorized possession of any portion of a past, current, or future examination.

e. Communication with any other examinee during the administration of the examination.

f. Copying answers from another examinee, or intentionally allowing one’s answers to be copied by another examinee during the administration of the examination.

g. Having in one’s possession during the administration of the examination, any books, notes, written or printed materials, or data of any kind, not supplied as part of, or required for, the test administration.

h. Falsifying or misrepresenting information required for admission to the examination.

i. Impersonating an examinee.

j. Having an impersonator take the examination on one’s behalf.

k. Disrupting the test administration.

l. Revealing the test questions or other information that would compromise the integrity of the examination.

Any overt, conspicuous, or public act of a sexual or simulated sexual nature which is likely to be observed by others.
Any willful and offensive exposure or exhibition of his or her sexual organs in public or on the private premises of another or so near thereto as to likely be seen except in any place provided or set apart for that purpose.
Willful failure of the agency administrator to comply with Chapter 943, F.S., as it pertains to the Criminal Justice Standards and Training Commission or Commission rules.
Intentional abuse of a Temporary Employment Authorization, pursuant to Section 943.131(1), F.S.
Misuse of Electronic Database. Willfully and knowingly accessing an electronic database within the trust of an officer, by using said database to access restricted information for an illegitimate or personal purpose with bad intent. Bad intent may be evidenced by:

a. A pattern of misuse that demonstrates improper accesses or violations.

b. If the violation occurred after the officer received agency or Commission discipline for improperly accessing a computer database, or after the officer received formal training on the database(s) that includes provisions on the improper use of said database(s).

c. The existence of a current or past non-amicable or otherwise contentious relationship between the officer and the subject of the query, or when the purpose of the query is to identify person(s) linked or associated to said relationship.

d. Pre-textual queries based on age, race, sex, gender, or other personal identifying characteristics.

e. Any additional action taken by the officer as a result of the information obtained from the query, for example, retaining, copying, or reproducing the information obtained from the query, or disseminating information not listed as confidential or exempt in Chapter 119, F.S., obtained as a result of the query.

Discriminatory Conduct:

a. The perpetration by the officer of either a course of conduct or a single egregious act that evidences discriminatory conduct based on race, color, religion, sex, pregnancy, national origin, age, handicap, or sexual orientation, which does not involve an expression of public concern, and which causes a clear and substantial belief in the mind of a reasonable person that the officer cannot perform the duties of office in a fair and impartial manner, with respect for the rights of others and laws of the state and nation; or

b. Knowingly, willfully, and actively participating in any activity committed with the intent to benefit, promote, or further the interests of a “hate group”, as defined in Section 874.03(6), F.S.

c. For the purposes of this section, an expression of public concern shall mean an expression by an individual as a citizen that relates to any matter of political, social, or other concern of the community. Expressions of public concern are determined by the content, form, and context of the given act or course of conduct, viewed by the totality of the record.

(d) A certified officer’s unlawful injection, ingestion, inhalation, or other introduction of any controlled substance, as defined in Section 893.03, F.S., into his or her body as evidenced by a drug test in accordance with Section 112.0455, 440.102 or 944.474, F.S.

(5) A certified officer’s failure to maintain good moral character as defined in subsection (4) of this rule section, by committing a violation involving perjury or false statement in a court proceeding, shall not include a statement which was recanted. If the violation involving perjury or false statement is alleged to have occurred in the performance of regularly required work duties or the course of an administrative or disciplinary investigation, a certified officer’s failure to maintain good moral character as defined in subsection (4) of this rule section, shall not include a statement in which the officer making the statement conceded such statement to be false prior to the employing agency’s conclusion of the internal affairs investigation in which the false statement related to a material fact or within 10 calendar days of making the false statement, whichever occurs first. For purposes of this subsection, the employing agency’s internal affairs investigation shall be deemed to be at a conclusion upon the investigator’s execution of the statement required by Section 112.533(1)(a)2., F.S.

(6) The employing agency shall forward to the Commission the agency’s investigative report pursuant to procedures established in Rule 11B-27.003, F.A.C., when an allegation has been made that an officer has failed to maintain good moral character, as defined in subsection (4) of this rule section, and has been sustained by the employing agency, or an act of conduct by the officer has resulted in the officer’s arrest. The report shall be forwarded immediately upon separation of the officer from employment, or, if the officer is not separated from employment, within 45 days from the date an allegation has been sustained, as set forth in this rule section.

(7) Commission staff’s decision to initiate presentation of a case for a Commission Probable Cause Determination shall be based upon the following conditions:

(a) Whether the allegations against the officer constitute a violation of subsection (4) of this rule section or Section 943.13(4), F.S.;

(b) Whether there is evidence of probable cause to support the filing of a complaint; and,

History

Rulemaking Authority 943.03(4), 943.12(1) FS. Law Implemented 943.13(7), 943.1395(7) FS. History–New 1-7-85, Formerly 11B-27.011, Amended 7-13-87, 10-25-88, 12-13-92, 9-5-93, 1-19-94, 8-7-94, 11-5-95, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 4-11-04, 11-30-04, 3-27-06, 3-21-07, 6-9-08, 4-16-09, 6-3-10, 5-21-12, 3-13-13, 5-29-14, 7-29-15, 9-4-16, 8-15-18, 5-5-20, 6-26-22, 6-25-24, 7-2-26.

Fla. Admin. Code R. 11B-27.002 Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers

(1) Certification or Reactivation of Certification. Prior to submitting an application for certification or reactivation of certification for a law enforcement, correctional, or correctional probation officer, the employing agency shall collect and verify documents establishing that an applicant has complied with the requirements of Section 943.13, F.S. Verified documents shall be maintained in the officer’s training file at the employing agency. The following documents are required for verification of an applicant’s compliance with this rule section.

(a) Evidence of the applicant’s age and citizenship verified by any of the following documents:

Copy of birth certificate; or
Copy of court documentation that attests to birth; or
Current and valid U.S. passport that indicates U.S. citizenship and birth date; or
Report of Birth Abroad of a Citizen of the United States, issued by a U.S. Consular Office; or
Certificate of Naturalization from the United States Department of Immigration and Naturalization.

(b) Evidence that the applicant is a high school graduate or its equivalent pursuant to Rule 11B-27.0021, F.A.C.

(c) Evidence that an applicant’s fingerprints have been processed by the Federal Bureau of Investigation or the Florida Department of Law Enforcement, if identified as a single state offender or multi-state offender, pursuant to Rule 11B-27.00211, F.A.C.

(d) A Physician’s Assessment, form CJSTC-75, revised August 13, 2020, effective 5/2021, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-14221, or an equivalent form signed by a physician, certified advanced registered nurse practitioner, or physician assistant licensed in the United States or its territories, verifying the applicant’s fitness to perform the duties of an officer pursuant to Section 943.13(6), F.S. Form CJSTC-75 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615. A copy of the officer’s position description shall be reviewed by the physician to ensure that the applicant can meet the physical standards required of the position. A Patient Information, form CJSTC-75A, revised November 8, 2007, hereby incorporated by reference, may also be provided to the examining physician, certified advanced registered nurse practitioner, or physician assistant for reference. Form CJSTC-75A can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615. The CJSTC-75 form or equivalent, shall be completed with each new employment or appointment of an officer, and shall not be completed more than one year prior to an officer’s employment or appointment. A CJSTC-75 form prepared for a specific employing agency shall not be used by any other employing agency.

(e) Evidence, by verification of military records, that the individual has not received a dishonorable discharge from any of the Armed Forces of the United States, pursuant to paragraph 11B-27.0022(2)(c), F.A.C.

(f) An Affidavit of Applicant, form CJSTC-68, revised August 15, 2024, effective 3/2025, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-17852, executed by the applicant attesting that the applicant complies with the employment or appointment qualifications pursuant to Sections 943.13(1)-(10), F.S. Form CJSTC-68 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

(g) Evidence that a thorough background investigation was conducted not more than one year prior to the date of employment or appointment as an officer or civilian officer trainee, pursuant to Rule 11B-27.0022, F.A.C. A thorough background investigation shall be conducted in conjunction with an officer’s employment or appointment, regardless of existing evidence that a thorough background investigation of the officer was conducted for a previous employment or appointment.

(h) Evidence that the applicant has successfully completed a Commission-approved Basic Recruit Training Program, pursuant to Rules 11B-35.002 and 11B-35.003, F.A.C., or is exempt, pursuant to Rule 11B-35.009, F.A.C., and has achieved a passing score on the State Officer Certification Examination for the discipline for which certification is being sought pursuant to Section 943.13(10), F.S.

(2) The employing agency administrator is required, within 30 days of hire, to submit to Commission staff or electronically transmit through the Commission’s Automated Training Management System (ATMS), and maintain on file a Registration of Employment Affidavit of Compliance, form CJSTC-60, revised August 14, 2025, effective 5/2026, hereby incorporated by reference https://flrules.org/Gateway/reference.asp?No=Ref-19497, attesting to compliance by the employing agency with the following requirements. Form CJSTC-60 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

(a) For law enforcement, correctional, and correctional probation officer applicants who have not been previously certified and who have complied with the certification requirements pursuant to Sections 943.13(1)-(10), F.S., the employing agency shall certify to the Commission that the applicant is eligible for certification by submitting to Commission staff or electronically transmitting through the Commission’s Automated Training Management System (ATMS), a completed Officer Certification Application, form CJSTC-59, revised August 15, 2024, effective 3/2025, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-17854, within 30 days of the applicant’s compliance with the certification requirements, notwithstanding whether the applicant is separated from employment. Upon receipt of an Officer Certification Application Deficiency Notification, form CJSTC-259, revised August 13, 2020, effective 5/2021, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-13132, the employing agency shall maintain on file, a copy of form CJSTC-59 and any other employment documentation. Forms CJSTC-59 and CJSTC-259 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615. The employing agency shall submit a copy of form CJSTC-259 and the missing or deficient documentation to Commission staff within 90 days of the date the form was signed and issued to the agency. Failure by the employing agency to submit missing or deficient documentation within the required 90 days may result in denial of an applicant’s request for certification. An officer applicant shall not work as a sworn officer prior to meeting the requirements of Section 943.13, F.S., except as authorized pursuant to Section 943.131, F.S.

(b) Name changes shall be verified by the employing agency through verification of information on legal documents such as a marriage license or official name change documents. To document an officer’s name change, a completed Name Change Application, form CJSTC-79, revised August 14, 2025, effective 5/2026, hereby incorporated by reference http://flrules.org/Gateway/reference.asp?No=Ref-19490, and a copy of supporting documentation shall be submitted to Commission staff. Form CJSTC-79 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

(3) Employment requirements pursuant to Section 943.13, F.S., shall be documented on an Agency New Hire Report, form CJSTC-207, revised August 12, 2021, effective 6/2022, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-14226. Form CJSTC-207 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

(a) The files of newly hired officers are subject to an on-site inspection by Commission staff to ensure compliance with the requirements of Chapter 943, F.S., and Chapter 11B-27, F.A.C. All documents collected in conjunction with the background investigation shall be available for review. The following documents shall be reviewed for completeness:

A Registration of Employment Affidavit of Compliance form CJSTC-60.
An Employment Background Investigative Report, form CJSTC-77, revised August 14, 2025, effective 5/2026, hereby incorporated by reference https://flrules.org/Gateway/reference.asp?No=Ref-19498. Form CJSTC-77 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.
An Affidavit of Applicant form CJSTC-68.
A Temporary Employment Authorization Statement, form CJSTC-65, revised August 15, 2024, effective 3/2025, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-17856. Form CJSTC-65 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.
Proof of age documentation.
Proof of citizenship documentation.
Legal document(s) for name change.
High School Diploma, GED, and Equivalency of Foreign and Non-Public High School Curriculum pursuant to subsection 11B-27.0021(1), F.A.C.
A copy of the most recently issued DD 214, or other official documents from the United States Military denoting the discharge status or copy of the officer’s current military identification. Wording on the documentation shall indicate the discharge was any discharge other than dishonorable.
An FBI Civil Applicant Response provided from a Live Scan device by the Florida Department of Law Enforcement (FDLE) Certified Mail Application, with the National Crime Information Center (NCIC) criminal history record attached, and an FDLE Customer Summary Report and Transaction Listing with the Florida Criminal Information Center (FCIC) criminal history record attached. If a Civil Applicant Response is not received by the agency, the FCIC Criminal History indicating no single state or multi-state offender criminal history record exists shall be proof the applicant’s fingerprints have been processed.
An Exemption-From-Training, form CJSTC-76, revised August 15, 2024, effective 3/2025, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-17857, and an Exemption-From-Training Proficiency Demonstration, form CJSTC-76A, revised August 15, 2024, effective 3/2025, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-17858, for previous Florida and out-of-state, federal, military officers, or special operations forces as defined in Section 943.10(22), F.S., if the officer used this training option. Forms CJSTC-76 and CJSTC-76A can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.
Results of the State Officer Certification Examination for training completed after June 30, 1993.
A Physician’s Assessment form CJSTC-75 or equivalent.
Drug screen results of at least a 7-panel test pursuant to paragraph 11B-27.00225(2)(d), F.A.C.
An Affidavit of Separation, form CJSTC-61, revised August 15, 2024, effective 3/2025, incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-17861, if the officer has separated employment with the agency. Form CJSTC-61 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

(b) Commission staff shall conduct a re-inspection of the noted deficiencies, which shall be recorded on the Agency New Hire Report form CJSTC-207, within 90 days of the initial inspection.

If the deficiency(s) has been resolved prior to the re-inspection, Commission staff shall record the correction on form CJSTC-207.
If the deficiency(s) has not been resolved on or before the re-inspection date, the agency administrator shall provide Commission staff with a timeline for resolution of the noted deficiency(s) in the officer’s file.
If the deficiency(s) noted in the officer’s file remains unresolved, the Criminal Justice Standards and Training Commission Chairman shall notify the agency administrator, in writing, that the Registration of Employment Affidavit of Compliance form CJSTC-60, that has been signed by the agency administrator or its designee, confirming agency compliance with Section 943.133(2), F.S., is in fact not in compliance, and as such, is in violation of subparagraph 11B-27.0011(4)(c)12., F.A.C., and Section 837.06, F.S.
If the deficiency(s) noted in the officer’s file remains uncorrected, the name of the agency and the deficiency(s) noted shall be included in the Commission’s quarterly report for further action.

(4)(a) Within four years of the beginning date of a Commission-approved Basic Recruit Training Program, an individual shall successfully complete the program, achieve a passing score on the applicable State Officer Certification Examination, and gain employment, and certification as an officer.

(b) An individual who fails to comply with the requirements in paragraph (4)(a) of this rule section, for the discipline in which the training was completed, within four years of the date of beginning such training, shall as a condition for obtaining employment, comply with the following:

Successfully complete a Commission-approved Basic Recruit Training Program pursuant to Rule 11B-35.002, F.A.C., or qualify for an exemption from a Commission-approved Basic Recruit Training Program, pursuant to Section 943.131(2), F.S., to include demonstration of proficiency in the High-Liability Basic Recruit Training Courses pursuant to Rule 11B-35.0024, F.A.C.; and, if applicable, completion of the Special Operations Forces Training Program, pursuant to Rule 11B-35.009, F.A.C., and
Achieve a passing score on the State Officer Certification Examination.

(5) Officer Separation from Employment or Appointment. An Affidavit of Separation form CJSTC-61, shall be completed by the employing agency and immediately transmitted via the Commission’s ATMS or submitted to Commission staff. If the officer has met the requirements for certification, mandatory training, or firearms qualification at the time of separation the agency shall update the Commission’s ATMS prior to separation. The certification of an officer shall become inactive upon separation from employment or appointment and will remain inactive until such time as the officer is employed or appointed by a criminal justice employing agency, provided the officer remains eligible for employment or appointment.

History

Rulemaking Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12(3), 943.13, 943.133, 943.139, 943.1395 FS. History–New 10-6-82, Amended 4-26-84, 1-7-85, Formerly 11B-27.02, Amended 9-3-87, 3-29-89, 5-14-92, 12-13-92, 9-5-93, 1-19-94, 1-2-97, 7-7-99, 8-22-00, 7-29-01, 11-5-02, 11-30-04, 3-27-06, 3-21-07, 6-9-08, 6-3-10, 5-21-12, 3-13-13, 5-29-14, 7-29-15, 9-4-16, 9-14-17, 8-15-18, 7-9-19, 5-5-20, 5-20-21, 6-26-22, 8-30-23, 4-9-25, 7-2-26.

Fla. Admin. Code R. 11B-27.0021 High School Graduation or Equivalent

(1) A high school graduate shall be an individual who has completed a secondary education program through a public school, private school, an equivalency diploma program, or home education program through an educational provider recognized by a public educational system within the United States or its territories, or received a foreign high school diploma.

(2) Compliance with this rule section shall be documented by the employing agency and made available to Commission staff for review. Criteria for proof of compliance and authenticity of the diploma includes:

(a) A high school diploma or high school equivalency diploma issued by a public school education program; or

(b) A diploma issued by a private school.

(c) A letter on the letterhead from a School Board District Office or high school principal verifying completion of a high school program and issuance of a high school diploma.

(d) For individuals who have completed a home school program, documentation that the education program has met the requirements of Section 1002.41, F.S., or of the Department of Education from the state where the home school program was completed.

(e) Proof that the diploma has been accepted by an accredited college or university, as defined in Section 943.22(1), F.S., for entrance into a degree seeking program.

(f) For individuals who have completed an education program in a foreign jurisdiction, documentation that the diploma or official school transcript, indicating the date of graduation or completion, is equivalent to the requirements for a U.S. High School Diploma or equivalency diploma. Documents shall be transcribed by a certified translator and notarized as true and correct.

(3) In the absence of proof of successful high school graduation, the following shall be acceptable as meeting the minimum educational requirements:

(a) Transcript verification of successful completion of one of the following educational requirements from an institution accredited by an accrediting body recognized by the United States Department of Education or licensed as a degree granting institution by the Commission for Independent Education, pursuant to Section 1005.02(7), F.S., shall be acceptable as meeting the educational requirements of this rule section:

At least 30 semester hours; or
45 quarter hours of college work; or
An associate or higher degree.

(b) A certificate issued by the United States Armed Forces Institute (U.S.A.F.I.) prior to December 31, 1974, showing successful completion of high school equivalency.

History

Rulemaking Authority 943.03(4), 943.12(1) FS. Law Implemented 943.13(3) FS. History–New 10-6-82, Amended 1-7-85, Formerly 11B-27.021, Amended 7-7-99, 7-29-01, 11-5-02, 11-30-04, 3-21-07, 6-9-08, 3-13-13.

Fla. Admin. Code R. 11B-27.00211 Fingerprint Processing and Criminal Record Results

An employing agency shall maintain on file, at minimum, a Federal Bureau of Investigation Civil Applicant Response provided from a Live Scan device by the Florida Department of Law Enforcement (FDLE) Certified Mail Application, with the National Crime Information Center (NCIC) criminal history record attached, and an FDLE Customer Summary Report and Transaction Listing with the Florida Criminal Information Center (FCIC) criminal history record attached. If a Civil Applicant Response is not received by the agency, the FCIC Criminal History indicating no single state or multi-state offender criminal history record exists shall be proof the applicant’s fingerprints have been processed.

(1) The employing agency shall submit for processing an applicant’s fingerprints to the FDLE. The submission shall include one of the following references: “Law Enforcement Officer Applicant, Section 943.13, F.S.,” or “Correctional Officer Applicant, Section 943.13, F.S.,” or “Correctional Probation Officer Applicant, Section 943.13, F.S.,” as the reason fingerprinted. An applicant’s fingerprints shall be processed in conjunction with an officer’s employment or appointment regardless if the officer has proof of the existence of processed fingerprints from a previous employment or appointment. The employing agency is required to use an electronic fingerprinting submission device authorized by FDLE for the submission of applicant fingerprints.

(2) Private Correctional Institutions and Jails.

(a) Private correctional institutions under contract with the Florida Department of Management Services (DMS) or the Florida Department of Children and Families (DCF) shall submit for processing an applicant’s fingerprints to the FDLE. The private correctional institution is required to use an electronic fingerprinting submission device and is responsible for any cost associated with the fingerprint submission. The response to the fingerprint submission shall be electronically transmitted to the respective contract agency (DMS or DCF) for review for compliance with Section 943.13(4), F.S. The contract agency will complete the Fingerprint Notification, form CJSTC-62, revised August 12, 2021, effective 6/2022, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-14217, or other written notice to document compliance with Section 943.13(4), F.S., and provide it to the private correctional institution. Form CJSTC-62 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

(b) All other private correctional institutions and jails shall submit for processing an applicant’s fingerprints to the FDLE. The private correctional institution is required to use an electronic fingerprinting submission device and is responsible for any cost associated with the fingerprint submission. The response to the fingerprint submission shall be electronically transmitted to the FDLE, Officer Records Section, for review for compliance with Section 943.13(4), F.S. The Officer Records Section will complete form CJSTC-62 and provide it to the private correctional institution or jail.

(3) The employing agency shall submit or electronically transmit to Commission staff through the Commission’s ATMS, the date indicated on the electronic response documenting the processed fingerprints. The response from an applicant’s processed fingerprints shall be maintained on file at the agency within one year of the officer’s initial employment or appointment. An employing agency is not required to re-fingerprint an individual who has been continuously employed or appointed with the same agency and is seeking certification as a sworn officer with that agency.

(4) Training schools that offer a Commission-approved Basic Recruit Training Program for law enforcement, correctional, or correctional probation officers, or a selection center that provides applicant screening for a training school, shall conduct a criminal history background check of an applicant prior to entrance into such Basic Recruit Training Program. The employing agency shall provide the training school with documentation that an applicant’s fingerprints have been processed, that the response is on file with the employing or appointing agency, and has been verified by the employing or appointing agency to contain no statutory disqualifiers. If the FBI has not returned the Civil Applicant Response to the employing or appointing agency, the agency shall notify the training school that the criminal history background check is incomplete. The employing or appointing agency shall notify the training school upon receipt of the results of the applicant’s fingerprints, which shall be maintained in the student’s file at the training school.

(5) An applicant’s fingerprints that have been processed prior to employment or appointment, in conjunction with the agency’s background investigation, and pursuant to Rule 11B-27.0022, F.A.C., shall be considered current when the officer’s fingerprints are processed in conjunction with the new employment or appointment.

(6) An officer’s certification shall not be issued by the Commission until he or she is in compliance with the certification requirements pursuant to Sections 943.13(1)-(10), F.S., and documentation of legible processed applicant fingerprints are on file at the employing agency.

(7) If an officer has been separated for lack of processed applicant fingerprints within one year of employment or appointment, the agency shall re-register the officer when the processed applicant fingerprint response is received from the FBI or FDLE. The re-registration date shall be the date that the FBI or FDLE processed the applicant fingerprints. An officer who has been separated for not having processed applicant fingerprints on file at the employing agency is not authorized to perform the duties of a sworn officer.

(8) Employing agencies shall be notified by Commission staff when an applicant’s file does not contain documentation of processed fingerprints.

(9) An employing agency that does not receive processed fingerprint documentation from the FBI or FDLE within thirty days of submission of the fingerprints through an electronic fingerprinting submission device, shall fingerprint the applicant again and resubmit the fingerprints to FDLE and the FBI. If the FBI has processed the fingerprints, the letter from the FBI stating that the individual does not have a criminal history may be accepted as official documentation. The date the letter is postmarked shall be the date recorded as the fingerprint processed date.

(10) Should an officer separate from employment prior to the employing agency’s receipt of the officer’s processed applicant fingerprints, and there is an indication that the officer would have failed to meet the employment qualifications pursuant to this rule chapter, the separating agency shall immediately notify Commission staff and provide a copy of all documentation that establishes non-compliance of the officer to meet the necessary qualifications.

(11) If a criminal history record that could preclude employment pursuant to Section 943.13(4), F.S., is received from the FBI or FDLE, the agency shall obtain and maintain in the officer’s file, supporting documentation from the court that the final disposition of the case has been resolved and the officer is eligible for employment, pursuant to Section 943.13(4), F.S.

History

Rulemaking Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12(3), 943.13, 943.133, 943.139, 943.1395 FS. History–New 11-5-02, Amended 11-30-04, 6-9-08, 5-29-14, 9-14-17, 6-26-22.

Fla. Admin. Code R. 11B-27.00212 Maintenance of Officer Certification

(1) Full-time, part-time, or auxiliary officers shall successfully complete 40 hours of continuing education or training every four years. The expiration date of an officer’s mandatory retraining shall be June 30th of the fourth year following the officer’s certification.

Example:

Original Officer Certification Date

November 21, 1997

Officer Four-year Anniversary Date

November 21, 2001

Officer Continuing Education or Training Deadline

June 30, 2002

(2) Elected or appointed officials whose mandatory retraining dates have expired on or before the expiration date, pursuant to subsection (1) of this rule section, shall complete the mandatory retraining requirements within four years of the date the individual no longer serves as an elected or appointed official.

(3) Forty hours of continuing education is granted for three semester credit hours or four quarter credit hours of college course work upon successful completion of the course, and provided the credit hours are not used for the purpose of obtaining a degree, which would make the officer eligible for salary incentive payments.

(4) Continuing education or training pursuant to Section 943.135, F.S. Upon an officer’s completion of the required continuing education or training the employing agency shall submit or electronically transmit to Commission staff through the Commission’s ATMS, and maintain in file a completed Mandatory Retraining Report, form CJSTC-74, revised August 14, 2025, effective 5/2026, hereby incorporated by reference http://flrules.org/Gateway/reference.asp?No=Ref-19499. Form CJSTC-74 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615. Criminal justice agencies shall not update an officer’s mandatory training unless an officer is employed by the agency or has met the requirement for employment pursuant to subsection 11B-27.002(1), F.A.C.

(5) Statutory mandated continuing training. The following training shall be included as a part of the officer’s continuing training:

(a) Domestic Violence Training for Law Enforcement Officers pursuant to Section 943.1701, F.S. Certified law enforcement officers who elect to instruct domestic violence training may substitute completion or instruction of domestic violence training to satisfy the officer’s continuing training requirement.

(b) Human Diversity Training pursuant to Section 943.1716, F.S. Certified officers who elect to instruct human diversity modules pursuant to Section 943.1716, F.S., may substitute completion or instruction of human diversity training to satisfy the officer’s continuing training requirement.

(c) Juvenile Sexual Offender Investigation Training for Law Enforcement Officers pursuant to Section 943.17295, F.S. Certified law enforcement officers who elect to instruct the Juvenile Sexual Offender Investigation training may substitute completion or instruction of this training to satisfy the officer’s continuing training requirement.

(d) Discriminatory Profiling and Professional Traffic Stops pursuant to Section 943.1758, F.S. Certified law enforcement officers who elect to instruct Discriminatory Profiling and Professional Traffic Stops may substitute completion or instruction of this training to satisfy the officer’s continuing training requirement. Completion or instruction of this training shall satisfy all or a portion of an officer’s continuing training requirement for human diversity training.

(e) Use of Electronic Databases pursuant to Section 943.17191, F.S. Certified law enforcement officers who elect to instruct Use of Electronic Databases training may substitute completion or instruction of this training to satisfy the officer’s continuing training requirement.

(f) Officer Health and Wellness Principles pursuant to Section 943.1745(2), F.S., for law enforcement officers whose mandatory retraining cycle ends after July 1, 2023. Certified law enforcement officers who elect to instruct Officer Health and Wellness Principles training may substitute instruction for completion of this training to satisfy the officer’s continuing training requirement.

(6) Failure to comply with statutorily required continuing education or training. In the event that an officer fails to meet the continuing education or training requirements of Section 943.135, F.S., the officer’s certificate shall become inactive until the employing agency provides documentation to Commission staff establishing that the continuing education or training requirements have been satisfied. The Commission’s ATMS shall separate an officer from employment if the Mandatory Retraining Report form CJSTC-74, is not received by the June 30th deadline pursuant to subsection (1) of this rule section. Officers who have not satisfied their mandatory retraining requirement within six months of separation shall comply with the requirement of subsection 11B-27.002(1), F.A.C., prior to reemployment.

(7) Individuals who have been separated from an employing agency as an officer for less than four years, and whose certification is inactive for failing to complete the required hours for mandatory training, shall complete the continuing education and training requirements prior to resuming active service with an agency. An officer who requests to claim continuing education and training that was completed during a period when the officer’s certification was inactive, shall request approval from the agency administrator of the prospective employing agency and provide proof that the required continuing education and training was completed. The employing agency shall determine if the education or training requirements have been satisfied pursuant to Section 943.135, F.S., and shall submit to Commission staff, or electronically transmit through the Commission’s ATMS, a completed Mandatory Retraining Report form CJSTC-74.

(8) Continuing education or training completed pursuant to subsection (1) of this rule section, shall not be eligible for salary incentive payments pursuant to Section 943.135(2), F.S.

(9) Documentation supporting the required training shall be attached to the Mandatory Retraining Report form CJSTC-74, and maintained in the officer’s file.

(10) A certified officer who has not completed the required continuing education or training on or before the officer’s mandatory training deadline, pursuant to subsection (1) of this rule section, shall not perform the duties of a sworn officer.

(11) Inactive Certificate Status. The certificate of any certified officer who has separated from employment or appointment as an officer, and who is not re-employed or re-appointed as an officer by an employing agency in the same discipline within four years after the date of separation, shall become inactive.

(12) Prerequisites for certificate reactivation and reemployment as an officer. To become eligible for reactivation of certification and reemployment in the discipline for which the officer has experienced a break-in-service, pursuant to subsection (11) of this rule section, the officer shall, on or after July 1, 1993, meet the following conditions.

(a) If the break-in-service is between four years and eight years the officer shall:

Successfully demonstrate proficiency in the High-Liability Basic Recruit Training Courses pursuant to Rule 11B-35.0024, F.A.C.
Achieve a passing score on the applicable State Officer Certification Examination pursuant to procedures in rule Chapter 11B-30, F.A.C., State Officer Certification Examination.
Meet the minimum qualifications described in Rules 11B-27.002, 11B-27.0021, 11B-27.0022 and 11B-27.00225, F.A.C., as evidenced by an employing agency’s compliance with Section 943.133(2), F.S.

(b) If the break-in-service is more than eight years, the officer shall:

As a condition of employment or appointment, successfully complete a Commission-approved Basic Recruit Training Program pursuant to Rule 11B-35.002, F.A.C.
Achieve a passing score on the applicable State Officer Certification Examination pursuant to rule Chapter 11B-30, F.A.C.
Meet the minimum qualifications described in Rules 11B-27.002, 11B-27.0021, 11B-27.0022, and 11B-27.00225, F.A.C., as evidenced by an employing agency’s compliance with Section 943.133(2), F.S.

(13) Use-of-Force training. An officer shall, as a part of the officer’s 40-hour continuing education or training every four years, be required to complete the following Use-of-Force training.

(a) Use-of-Force training shall include the following topics of instruction:

Scenario-based Firearms Training.
Physiological Response Dynamics Training.
Less-lethal force options available within the agency.
Agency policies on Use-of-Force training.
Legal aspects regarding Use-of-Force training.

(b) A law enforcement and correctional officer shall complete Use-of-Force training pursuant to subparagraphs (13)(a)1.-5., of this rule section.

(c) A correctional probation officer shall complete Use-of-Force training pursuant to subparagraphs (13)(a)2.-5., of this rule section.

(d) An officer’s employing agency shall report the completion of Use-of-Force training to Commission staff, pursuant to subsection (4) of this rule section.

(e) An officer is permitted to substitute instruction of Use-of-Force training to satisfy the continuing education or training requirements for the officer’s four-year mandatory retraining cycle.

(14) Law Enforcement Officer Firearms Qualification Standard. Beginning July 1, 2006, a law enforcement officer shall be required to qualify on the Commission’s approved course of fire with the proficiency skills documented on the Law Enforcement Officer Firearms Qualification Standard, form CJSTC-86A, revised August 15, 2024, effective 3/2025, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-17865, and maintained in the officer’s employment file. Form CJSTC-86A can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

(a) A law enforcement officer who fails to demonstrate proficiency skills on the required firearms qualification standard shall not perform the duties of a sworn officer.

(b) Reporting of the compliance with this standard shall be June 30, 2008, and every two years thereafter. Documentation supporting the demonstration of proficiency skills shall be reported on the Law Enforcement Officer Firearms Qualification Standard, form CJSTC-86-A, and maintained in the officer’s file. Form CJSTC-86A can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615. The employing agency shall submit or electronically transmit to Commission staff through the Commission’s ATMS, the date of completion. Law enforcement officers who are initially employed and certified on or after June 1 of the reporting year and who completed a law enforcement Commission-approved Basic Recruit Training Program pursuant to Rule 11B-35.002, F.A.C., or who demonstrated proficiency in the high liability skills pursuant to subsection 11B-35.009(7), F.A.C., within the previous two years, shall have satisfied the firearms qualification standard for the reporting year. The date the officer completed the law enforcement Commission-approved Basic Recruit Training Program or the demonstrations of proficiency pursuant to subsection 11B-35.009(7), F.A.C., shall be the date of completion to be submitted or electronically transmitted to Commission staff through the Commission’s ATMS.

(c) In the event a law enforcement officer fails to meet this standard by June 30 of each reporting year, the officer’s certificate shall become inactive until the employing agency provides documentation to Commission staff establishing that the firearms qualification standard has been satisfied. Active officers who were separated from employment or appointment for not satisfying the firearms qualification standard, and do not meet the standard within six months of separation from employment or appointment, shall comply with the certification or reactivation of certification requirement(s) in subsection 11B-27.002(1), F.A.C., prior to reemployment.

(d) The certificate of a law enforcement officer shall become inactive if the officer has separated from employment or appointment and is not reemployed or reappointed within the two-year reporting cycle. The officer will be required to comply with the firearms qualification standard upon employment or appointment.

(e) In the event a law enforcement officer is injured in the line of duty or has a chronic illness and fails to meet this standard by June 30 of a reporting year, the agency administrator or designee shall complete the Injury or Illness Exemption for the Firearms Law Enforcement Officer Qualification Standard form CJSTC-86B, revised August 14, 2025, effective 5/2026, hereby incorporated by reference http://flrules.org/Gateway/reference.asp?No=Ref-19488. Form CJSTC-86B can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615. The agency shall submit form CJSTC-86B and the supporting medical documentation to Commission staff prior to the June 30 deadline to ensure the officer’s certificate does not become inactive on the reporting deadline for that two-year reporting cycle. An additional form CJSTC-86B shall be submitted for each subsequent reporting cycle.

(15) Elder Abuse Training. As a part of basic recruit training or the officer’s continuing education or training, a law enforcement officer shall be required to complete training on identifying and investigating elder abuse and neglect.

(a) Certified law enforcement officers shall complete Elder Abuse Training on or before June 30, 2011 pursuant to Section 943.17296, F.S.

(b) The training shall include instruction on the identification of and appropriate responses for persons suffering from dementia and on identifying and investigating elder abuse and neglect.

(c) Law enforcement officers who have successfully completed one of the following programs will have satisfied this training requirement:

Any CJSTC approved law enforcement basic recruit training program entered into on or after 4/1/08.
Any CJSTC Advanced Training Program course on elder abuse or investigation of crimes against the elderly entered into on or after 4/1/06.
Elder Abuse Training for Law Enforcement course by the Department of Elder Affairs (Effective 10/30/08).
Any CJSTC Specialized Training Program course on elder abuse or investigation of crimes against the elderly entered into on or after 8/1/12.

(d) An officer who fails to comply with the elder abuse and neglect training requirements pursuant to Section 943.17296, F.S., shall become an inactive Florida officer. The officer’s certification shall become reactivated when the officer’s employing agency provides Commission staff with verification that the officer has met the continuing education or training requirement.

(e) Upon an officer’s completion of the required training the employing agency shall submit, or electronically transmit to Commission staff through the Commission’s ATMS, the date of completion.

(16) Identifying and Investigating Human Trafficking Training. As a part of an officer's continuing education or training, a law enforcement officer shall be required to complete four (4) hours of training on identifying and investigating human trafficking.

(a) All law enforcement officers shall complete the Commission-approved four (4) hour course developed pursuant to Section 943.17297, F.S., on or before July 1, 2022 pursuant to Section 943.17297, F.S. The course is published pursuant to subsection 11B-35.001(8), F.A.C.

(b) All law enforcement officers who complete a law enforcement basic recruit training program which began on or after July 1, 2021, shall have met this requirement.

(c) Law enforcement officers who complete any Commission-approved course, which is developed in compliance with Section 943.17297, F.S., shall have satisfied this training requirement.

(d) The certification of an officer who fails to comply with the requirements pursuant to Section 943.17297, F.S., shall become inactive and shall remain inactive until the officer completes the required training and the officer’s employing agency provides Commission staff with verification that the officer has completed the required training.

(e) Upon an officer’s completion of the required training, the employing agency shall submit, or electronically transmit to Commission staff through the Commission’s ATMS, the date of completion.

(17) Recognition of and Response to Head Trauma and Brain Injury in a Child Under 6 Years of Age. As a part of an officer’s continuing education or training, a law enforcement officer shall be required to complete training in the recognition of and responses to head trauma and brain injury in a child under 6 years of age.

(a) All law enforcement officers shall complete the Commission-approved course developed pursuant to Section 943.17298, F.S., prior to July 1, 2022.

(b) All law enforcement officers who complete a law enforcement basic recruit training program which began on or after July 1, 2021 shall have met this requirement.

(c) The certification of a law enforcement officer who fails to comply with the requirements pursuant to Section 943.17298, F.S., shall become inactive and shall remain inactive until the officer completes the required training and the officer’s employing agency provides Commission staff with verification that the officer has completed the required training.

(d) Upon an officer’s completion of the required training, the employing agency shall submit, or electronically transmit to Commission staff through the Commission’s ATMS, the date of completion.

(18) Sexual Assault Investigation. As a part of an officer’s continuing education or training, a law enforcement officer shall be required to complete training on sexual assault, with an emphasis on culturally responsive, trauma-informed training on interviewing sexual assault victims and investigations of incidents of sexual assault.

(a) All law enforcement officers shall complete the Commission-approved course developed pursuant to Section 943.1724, F.S., prior to July 1, 2024.

(b) All law enforcement officers who complete a law enforcement basic recruit training program which began on or after July 1, 2022 shall have met this requirement.

(c) The certification of a law enforcement officer who fails to comply with the requirements pursuant to Section 943.1724, F.S., shall become inactive and shall remain inactive until the officer completes the required training and the officer’s employing agency provides Commission staff with verification that the officer has completed the required training.

(d) Upon an officer’s completion of the required training, the employing agency shall submit, or electronically transmit to Commission staff through the Commission’s ATMS, the date of completion.

(19) Administering Lethality Assessments. As a part of an officer’s continuing education or training, a law enforcement officer shall be required to complete training on the policies and procedures for administering a lethality assessment to victims of intimate partner violence.

(a) All law enforcement officers shall complete the Commission-approved course developed pursuant to s. 741.29(2)(b), F.S., prior to October 1, 2026.

(b) All law enforcement officers who complete a law enforcement basic recruit training program which began on or after July 1, 2026, shall have met this requirement.

(c) The certification of a law enforcement officer who fails to comply with the requirements pursuant to s. 741.29(2)(b), F.S., shall become inactive and shall remain inactive until the officer completes the required training and the officer’s employing agency provides Commission staff with verification that the officer has completed the required training.

(d) Upon an officer’s completion of the required training, the employing agency shall submit, or electronically transmit to Commission staff through the Commission’s ATMS, the date of completion.

(e) The lethality assessment may be completed on the State of Florida Domestic Violence Lethality Assessment, form FDLE-DVLA-001, created May 12, 2025, effective July 15, 2025, hereby incorporated by reference http://flrules.org/Gateway/reference.asp?No=Ref-19486. Form FDLE-DVLA-001 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850) 410-8615. The agency shall refer to s. 741.29, F.S., for the requirements pertaining to the State of Florida Domestic Violence Lethality Assessment form.

Editorial Note: See Rule 11B-27.0023, F.A.C.

History

Rulemaking Authority 741.29(2), 943.03(4), 943.12(1) FS. Law Implemented 741.29(2), 943.12, 943.13(11), 943.135, 943.1395(3), 943.1701, 943.1715, 943.1716, 943.253 FS. History–New 11-5-02, Amended 12-3-03, 11-30-04, 3-27-06, 3-21-07, 6-9-08, 4-16-09, 9-28-09, 6-3-10, 5-21-12, 3-13-13, 9-4-16, 8-15-18, 5-5-20, 5-20-21, 6-26-22, 8-30-23, 6-25-24, 4-9-25, 7-2-26.

Fla. Admin. Code R. 11B-27.00213 Temporary Employment Authorization

A Certificate of Compliance shall not be issued to officers employed on a Temporary Employment Authorization (TEA) prior to meeting the requirements of Sections 943.13(1)-(10), F.S.

(1) A TEA shall only be issued pursuant to Section 943.131, F.S. Individuals hired on a TEA shall comply with the firearms training program established by Section 943.17(1)(a), F.S.

(a) Pre-Training TEA. Individuals employed or appointed on a pre-training TEA shall:

Begin a Commission-approved Basic Recruit Training Program within 180 days of being placed on a TEA;
Successfully complete eight hours of firearms training, which shall include demonstration of proficiency in the presence of a Commission-certified handgun instructor.
Successfully complete a Commission-approved Basic Recruit Training Program within 18 months of beginning the training program.
Achieve a passing score on the State Officer Certification Examination (SOCE) within 180 days from the date that basic recruit training was completed.
To employ or appoint an individual on a TEA, who has not completed a Commission-approved Basic Recruit Training Program, the employing agency shall document circumstances for the critical need to employ or appoint such individual on a Temporary Employment Authorization Statement form CJSTC-65, which shall be maintained in the officer’s file at the employing agency.

(b) Post-training TEA. Individuals employed or appointed on a post-training TEA shall:

Have completed a Commission-approved Basic Recruit Training Program and is waiting to take the next scheduled SOCE.
Have 180 days from the completion date of the Basic Recruit Training Program or commencement of employment, whichever is later, to achieve a passing score on the SOCE.

If a basic recruit student fails a course in the Basic Recruit Training Program, the student shall be permitted to remain on the TEA while retaking the failed course; and,
Shall be required to enroll in the next available course to complete the Basic Recruit Training Program.

(2) An officer employed on a TEA, shall be excused from the firearms training requirement upon placement of a statement in the officer’s file at the employing agency. The statement shall be signed by the agency administrator confirming that the TEA-appointed officer shall not be permitted to carry a firearm until the following classroom training requirements have been fulfilled:

(a) Classroom Training:

Range Safety Rules

1 Hour

Legal Aspects of Firearms

2 Hours

Introduction to Primary Service Weapon

2 Hours

Chemical Agents

1 Hour

Introduction to Alternate Service Weapon

2 Hours

Total Hours

8 Hours

(b) Firearms Range Training. The trainee’s proficiency demonstration shall be documented on a Handgun Performance Evaluation, form CJSTC-4, revised August 15, 2024, effective 3/2025, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-17866, and maintained in the trainee’s file at the employing agency. Form CJSTC-4 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615. The instructor shall qualify the trainee with a semi-automatic pistol using the Commission’s Basic Recruit Training Firearms Proficiency Skills, pursuant to form CJSTC-4, and the form shall be maintained in the trainee’s file at the employing agency.

(3) The Commission shall separate an officer from employment, through the Commission’s ATMS, if the officer’s TEA exceeds 180 days without enrollment in a Commission-approved Basic Recruit Training Program, fails to complete a Commission-approved Basic Recruit Training Program within 18 months, or the officer has failed to achieve a passing score on the SOCE within 180 consecutive days after successful completion of a Basic Recruit Training Program.

(4) Agencies applying to temporarily employ or appoint an individual who has had a previous TEA registered with the Commission in the same discipline, may do so only if:

(a) The individual was previously certified as a full-time or part-time officer; or

(b) The individual has not been employed on TEA in the same discipline more than two times within any four-year period.

(5) Individuals employed on a TEA, pursuant to Section 943.131, F.S., are subject to disciplinary action by the Commission.

History

Rulemaking Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12(3), 943.13, 943.131, 943.133, 943.139, 943.1395, 943.17(1)(a) FS. History–New 11-5-02, Amended 11-30-04, 3-27-06, 6-9-08, 9-28-09, 6-3-10, 3-13-13, 9-4-16, 6-26-22. 8-30-23, 4-9-25.

Fla. Admin. Code R. 11B-27.0022 Background Investigations

(1) Pursuant to Section 943.133, F.S., and Rule 11B-27.0011, F.A.C., the employing agency shall conduct a thorough background investigation of each applicant. The employing agency shall provide evidence that a complete background investigation was conducted, pursuant to the requirements on the Employment Background Investigative Report form CJSTC-77, not more than one year prior to the date of employment or appointment as an officer or civilian officer trainee, pursuant to Rule 11B-27.0022, F.A.C. A complete background investigation shall be conducted in conjunction with an officer’s employment or appointment, regardless of existing evidence that a thorough background investigation of the officer was conducted for a previous employment or appointment. The agency shall maintain in the applicant’s file at the employing agency a summary of the background investigation findings, signed and dated by the investigator and the agency administrator or designee. The summary shall verify the following information:

(a) Prior criminal justice employments of the applicant and the facts and reasons for any prior separations of employment. An officer applicant’s prior criminal justice employments shall be verified, including an applicant with no previous Florida employment as an officer.

(b) Processed applicant fingerprint responses on file reflecting state and national criminal history record checks. If the processed applicant fingerprint response has not yet been received, the agency shall maintain on file the FCIC/NCIC criminal history and wanted person responses.

(c) Evidence that a urine sample furnished by the applicant was analyzed for the presence of controlled substances, or evidence thereof, pursuant to Rule 11B-27.00225, F.A.C. In cases where an applicant’s urine sample is found to contain a controlled substance or evidence thereof, upon the completion of the analysis procedures pursuant to Rule 11B-27.00225, F.A.C., the employing agency shall, if requested by the applicant, permit the applicant to provide to the employing agency evidence that the applicant lawfully used or ingested the said controlled substance.

(d) The applicant is of good moral character.

(2) The employing agency shall, at a minimum, use the following background investigation procedures:

(a) Obtain previous employment data from prior employers. Criminal justice agencies conducting background investigations have the option of using the Authority for Release of Information, form CJSTC-58, revised August 15, 2024, effective 3/2025, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-17867, pursuant to Sections 943.134(2) and (4), F.S., hereby incorporated by reference. Form CJSTC-58 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

(b) Research military records. A copy of the most recently issued DD 214, or other official separation document(s) from the United States Military denoting the discharge status or a copy of the officer’s current military identification, shall be maintained in the officer’s file at the employing agency. The agency shall document contact with the applicant’s commanding officer or designee if the applicant is currently serving on a active duty or military reserve to ensure the applicant is compliant with military regulations. Wording on the documentation shall indicate the discharge was any discharge other than dishonorable. A military discharge that is other than an honorable discharge, shall be investigated by the agency. The agency shall submit a Request Pertaining to Military Record, form OMB No. 3095-0029.

(c) Verify the applicant’s response regarding prior history of unlawful conduct through a Florida Crime Information Center and National Crime Information Center records and warrants check.

(d) Verify the applicant’s response regarding unlawful drug use pursuant to subsection 11B-27.0011(2), F.A.C.

(3) The employing agency shall submit or electronically transmit to Commission staff through the Commission’s ATMS, a Registration of Employment Affidavit of Compliance form CJSTC-60. The agency shall also submit to Commission staff a completed Employment Background Investigative Report form CJSTC-77, for each officer employed or appointed. The original form CJSTC-77 that has been signed and dated by the investigator and the agency administrator or designee shall be retained in the applicant’s file.

(4) If an officer is separated from an agency and is subsequently reemployed or reappointed through a grievance process, regardless of the conditions set by a hearing officer or by an agreement between the agency and the officer, the employing agency shall, at a minimum, use the following background investigation procedures prior to reemploying or reappointing the officer:

(a) Conduct a fingerprint background check, pursuant to the procedures in Rule 11B-27.00211, F.A.C.

(b) Have the officer tested for controlled substance use, pursuant to Rule 11B-27.00225, F.A.C.

(c) Verify the officer complies with maintenance of officer certification requirements, pursuant to Rule 11B-27.00212, F.A.C.

History

Rulemaking Authority 943.03(4), 943.12(1), 943.133(3) FS. Law Implemented 943.133, 943.139 FS. History–New 10-6-82, Amended 1-7-85, Formerly 11B-27.022, Amended 7-13-87, 10-17-90, 5-13-92, 5-14-92, 12-13-92, 9-5-93, 8-7-94, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 11-30-04, 3-27-06, 3-21-07, 6-9-08, 6-3-10, 3-13-13, 5-5-20, 5-20-21, 4-9-25.

Fla. Admin. Code R. 11B-27.0023 Issuance and Maintenance of Certification

History

Rulemaking Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12, 943.13(11), 943.135, 943.1701, 943.1715, 943.1716, 943.253 FS. History–New 10-6-82, Amended 12-28-83, 1-7-85, 7-1-85, Formerly 11B-27.023, Amended 7-13-87, 5-23-88, 8-30-89, 5-13-92, 5-14-92, 12-13-92, 1-19-94, 8-7-94, 1-2-97, 7-7-99, 8-22-00, Repealed 11-5-02.

Fla. Admin. Code R. 11B-27.0024 Reactivation of a Certificate

History

Rulemaking Authority 943.03(3), 943.12(9) FS. Law Implemented 943.09, 943.12, 943.13, 943.14, 943.145 FS. History–New 10-6-82, Amended 4-26-84, Formerly 11B-27.024, Repealed 6-3-85.

Fla. Admin. Code R. 11B-27.0025 Name

History

Rulemaking Authority 943.03(3), 943.12(9) FS. Law Implemented 943.13, 943.14, 943.145, 943.19 FS. History–New 10-6-82, Formerly 11B-27.025, Repealed 1-7-85.

Fla. Admin. Code R. 11B-27.00225 Controlled Substance Testing Procedures

(1) The employing agency is required to conduct a background investigation upon each applicant for certification, or employment or appointment, which shall include the analysis of a urine sample furnished by the applicant for the presence of controlled substances or metabolites, which shall be consistent with the procedures for drug testing pursuant to Section 112.0455, F.S., and rule Chapter 59A-24, F.A.C., which have been adopted by the Agency for Health Care Administration. A new urine sample shall be submitted for analysis following any break-in-service.

(2) The employing agency shall verify the following requirements for the collection and analysis of urine samples:

(a) The procedures for collection sites and specimen collection complies with the requirements of Rule 59A-24.005, F.A.C.

(b) Each applicant gave written consent prior to giving the sample for collection, analysis for evidence of controlled substances, and disclosure of the analysis results to the employing agency and to the Commission.

(d) The laboratory performing the analysis did analyze the urine sample for the presence of the following seven substances:

Amphetamines (amphetamine and methamphetamine).
Cannabis or Cannabinoids.
Cocaine or Cocaine Metabolite.
Phencyclidine.
Opiates (codeine and morphine).
Barbiturates.
Benzodiazepines.

(e) The results of the analysis were reviewed and signed by a Medical Review Officer or “MRO” as defined in Rule 59A-24.003, F.A.C.

History

Rulemaking Authority 943.03(4), 943.12(1) FS. Law Implemented 943.13(7), 943.133, 943.1395 FS. History–New 7-13-87, Amended 1-2-97, 7-7-99, 8-22-00, 11-5-02, 11-30-04, 7-2-26.

Fla. Admin. Code R. 11B-27.0026 Reactivation of Certificate

History

Rulemaking Authority 943.03(4), 943.12(1) FS. Law Implemented 943.1395(3) FS. History–New 1-19-94, Amended 1-2-97, 7-7-99, Repealed 11-5-02.

Fla. Admin. Code R. 11B-27.003 Duty to Report, Investigations, Procedures

(1) Pursuant to Section 943.1395(5), F.S., an employing agency shall conduct an investigation when having cause to suspect that an officer it employs or employed at the time of the alleged violation, or employed on a Temporary Employment Authorization (TEA) pursuant to Section 943.131, F.S., does not comply with Section 943.13(4) or (7), F.S. or subsection 11B-27.0011(4), F.A.C. An investigation shall be conducted and concluded when the employing agency has cause to suspect that an officer is in violation of Section 943.13(4) or (7), F.S., or subsection 11B-27.0011(4), F.A.C. The agency’s investigation shall contain an official disposition, which shall be reported to Commission staff pursuant to subsection (2) of this rule section.

(2) Upon concluding the investigation:

(a) If the allegations are sustained, the employing agency shall complete an Internal Investigation Report, form CJSTC-78, revised August 15, 2024, effective 3/2025, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-17868, regardless of whether any civil service appeal, arbitration, employment hearing, administrative, civil, or criminal action is pending or contemplated. Form CJSTC-78 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

(b) If the allegations are sustained, and are a violation of Section 943.13(4) or (7), F.S., or subsection 11B-27.0011(4), F.A.C., the employing agency shall forward to Commission staff the complete investigative package, which shall include the following, no later than 45 days after the allegations are sustained:

A completed Internal Investigation Report form CJSTC-78.
The allegations.
A summary of the facts.
Names of witnesses.
Witness statements and depositions.
Certified court documents.
Any other supportive documentation or information.

(c) If the allegations are not sustained, unfounded, or the officer has been exonerated, or the allegations that are sustained are only violations of the employing agency’s policies, and are not violations of Section 943.13(4) or (7), F.S., or subsection 11B-27.0011(4), F.A.C., the employing agency shall complete form CJSTC-78 and maintain the form on file at the agency.

History

Rulemaking Authority 943.03(4), 943.12(1) FS. Law Implemented 943.1395(5) FS. History–New 10-6-82, Amended 1-7-85, Formerly 11B-27.03, Amended 12-13-92, 9-5-93, 7-7-99, 8-22-00, 11-5-02, 11-30-04, 6-9-08, 9-14-17, 8-15-18, 5-20-21, 4-9-25.

Fla. Admin. Code R. 11B-27.004 Probable Cause Determination

At the conclusion of the preliminary investigation and when the reports and documents are received as directed by Sections 943.139 and 943.1395, F.S., a determination of probable cause shall be made before the Commission initiates proceedings to take disciplinary action against the certification of an officer.

(1) For the purpose of probable cause determinations, the chairperson of the Commission or designee shall appoint Probable Cause Panels of three Commission members and one alternate member, to hold Probable Cause Determination Hearings for terms specified in their appointment. The Commission Chairperson or designee shall appoint a chairperson for each panel, and the panels shall meet as necessary.

(2) A Probable Cause Determination Hearing is the conclusion of the preliminary investigation, and is not a hearing pursuant to Sections 120.569 and 120.57, F.S.

(3) Each Probable Cause Determination Hearing shall be noticed in the Florida Administrative Register pursuant to Section 120.525, F.S. The respondent shall be mailed a prior notice of the Probable Cause Determination Hearing and a subsequent notification of whether or not probable cause was determined by the panel.

(4) After considering all evidence, a majority vote of the Probable Cause Panel shall determine whether or not probable cause exists to file an administrative complaint pursuant to Section 120.60(5), F.S., charging a violation of Chapter 943, F.S., or rule Chapter 11B-27, F.A.C. If the case is presented for imposition of a penalty, the Panel is authorized to make a penalty recommendation to the Commission, or to direct Commission staff to offer a settlement agreement in the case.

(5) The panel is authorized to issue a Letter of Guidance to the officer when the panel determines that it is not practical to initiate proceedings against an officer’s certification. A copy of the Letter of Guidance shall be retained in the officer’s file within the Criminal Justice Professionalism Program, Bureau of Standards.

(6) The Probable Cause Panel is authorized to offer the respondent the opportunity to enter into an Intervention Program if there would otherwise be a finding of probable cause but the Panel finds that there are significant mitigating circumstances or that the violation is not egregious. The terms and conditions of the Probable Cause Panel’s Intervention Programs may include the following:

(a) Successful completion of training or retraining deemed appropriate by the panel.

(b) Participation in psychological, occupational, or substance abuse counseling.

(c) Furnishing blood, breath, or urine samples, and consent to the release of analysis results of such random or scheduled tests.

(d) Payment of restitution for damages or loss created by the officer’s misconduct.

(e) Any other such rehabilitative terms and conditions.

(f) As a standard condition of the Intervention Program, the respondent shall refrain from any violation of Sections 943.13(4), (7), F.S., and subsections 11B-27.0011(2)-(4), F.A.C. For the Intervention Program to be a viable alternative in consideration of probable cause, the respondent shall agree to all terms and conditions recommended by the panel. The respondent shall be responsible for successfully completing the terms and conditions of the Intervention Program within a specified period. Once the respondent has reported the successful completion of the terms and conditions to Commission staff, the matter shall be presented to a Probable Cause Panel. The panel shall then issue a Letter of Guidance in lieu of a finding of probable cause, pursuant with subsection (5) of this rule section. Failure of the respondent to either agree to or successfully complete the terms and conditions of the Intervention Program within the specified time frame, shall result in the matter being returned to the Probable Cause Panel for a finding of probable cause and the issuance of an Administrative Complaint.

(7) When Commission staff determines that the respondent has been retained by the employing agency, Commission staff shall issue a Letter of Acknowledgment of agency action in these cases, provided the employing agency shall have taken significant agency action as defined in subsections 11B-27.005(1)-(2), F.A.C.

(8) Commission staff:

(a) Shall not issue a Letter of Acknowledgement to a respondent who has been issued a Letter of Acknowledgement within three years prior to the date of receipt of the information described in paragraph 11B-27.003(2)(b), F.A.C.

(b) Shall not issue a Letter of Acknowledgement to a respondent who has been issued a Letter of Guidance within five years prior to the date of receipt of the information described in paragraph 11B-27.003(2)(b), F.A.C.

(c) Shall not issue a Letter of Acknowledgement to a respondent who has been disciplined by the Commission within eight years prior to the date of receipt of the information described in paragraph 11B-27.003(2)(b), F.A.C.

(d) Shall not issue a Letter of Achnowledgement to a respondent if the penalty guidelines of subsection 11B-27.005(5), F.A.C., specify prospective suspension to revocation as the guideline penalty for the offense.

(9) In cases where the respondent has been terminated or disciplined and is seeking review of that termination or discipline through the administrative or judicial process, the respondent and employing agency shall notify Commission staff of such review. Pending final resolution, Commission staff shall hold such cases in abeyance.

(10)(a) If administrative or judicial review results in a final disposition of the respondent’s termination or discipline, the case shall no longer be held in abeyance and Commission staff shall review the case for the issuance of a Letter of Acknowledgment, if applicable, or for presentation to the Commission for Commission action.

(b) In cases in which administrative or judicial review results in a final reversal of discipline imposed by the employing agency relating to the alleged misconduct that is subject to review by the Commission, or criminal proceedings that result in the respondent’s acquittal on all charges subject to review by the Commission after a trial, Commission staff shall take no further action, provided that Commission staff may present the case to a Probable Cause Panel upon Commission staff’s specific showing that the findings of fact in the collateral proceedings were based upon inclusion or exclusion of evidence, or that the testimony was a departure from the essential requirements of law, the findings of fact in the collateral proceedings were not supported by competent and substantial evidence, or were clearly contrary to the evidence presented.

(11)(a) In cases in which the facts presented to Commission staff are inconclusive, lack reliability, are insufficient to permit a reasonable determination of what occurred, or fail to demonstrate that the alleged misconduct meets the statutory criteria for Commission action, Commission staff shall “no cause” the case. Commission staff shall reopen a case that has been “no caused” if new evidence or witnesses become available to Commission staff. However, Commission staff shall “no cause” a violation of paragraph 11B-27.0011(4)(b) or (c), F.A.C., if the officer is alleged to have committed the violation more than eight years prior to the case being presented to a Probable Cause Determination Hearing.

(b) Commision staff’s characterization of misconduct based upon the facts as presented shall control processing of misconduct cases under the rules of the Commission.

(12) When the Probable Cause Panel has insufficient information to determine the existence of probable cause, but in good faith believes that Commission staff can obtain the information necessary to reach a decision, the panel shall enter a finding of “Insufficient Information.” The case shall be continued until reasonable efforts by Commission staff have been concluded to obtain the additional information requested by the panel, at which time the case shall be scheduled before a Probable Cause Panel for further review.

History

Rulemaking Authority 943.03(4), 943.12(1), 943.1395 FS. Law Implemented 943.1395 FS. History–New 12-13-92, Amended 1-19-94, 11-5-95, 1-2-97, 7-7-99, 8-22-00, 11-5-02, 4-11-04, 11-30-04, 6-9-08, 6-3-10, 5-29-14, 9-4-16, 7-9-19.

Fla. Admin. Code R. 11B-27.005 Revocation or Disciplinary Actions; Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances

(1) For the purpose of implementing the provisions of Rule 11B-27.004, F.A.C., “significant agency action” is defined as follows:

(a) For an offense that would be sanctioned by suspension of certification under these guidelines herein: Suspension from duty without pay for at least one day, or any change in assignment or duties that results in reduction in compensation.

(b) For an offense that would be sanctioned by probation of certification under these guidelines herein: Any documented or written formal action, any change in assignment or duties that results in reduction in compensation.

(2) Additionally, for an offense that requires retraining, in addition to suspension or probation, “significant agency action” shall include agency certification of in-service retraining by a qualified instructor. For an offense that requires counseling, in addition to suspension or probation, there shall be agency certification of counseling by a qualified counselor.

(3) Pursuant to the provisions of Section 943.1395(8), F.S., disciplinary proceedings shall be conducted as prescribed in chapter 120, F.S., Administrative Procedures Act, and rule Chapter 28, F.A.C., Uniform Rules of Procedure, when there is a determination of probable cause that a certificate holder, hereinafter referred to as a “certified officer,” has failed to maintain compliance with:

(a) Section 943.13(4) or (7), F.S., or

(b) An order of the Commission previously issued during a disciplinary hearing, or

(4)(a) The Commission sets forth in paragraphs (5)(a)-(d) of this rule section, a range of disciplinary guidelines from which disciplinary penalties shall be imposed upon certified officers who have been found by the Commission to have violated section 943.13(7), F.S. The purpose of the disciplinary guidelines is to give notice to certified officers of the range of penalties or prescribed penalties that shall be imposed for particular violations of Section 943.13(7), F.S., absent aggravating or mitigating circumstances, as provided in subsection (6) of this rule section. The disciplinary guidelines are based upon a “single count violation” of each provision listed. All penalties at the upper range of the sanctions set forth in the guidelines (i.e., suspension or revocation), include lesser penalties (i.e., reprimand, remedial training, or probation), that may be included in the final penalty at the Commission’s discretion.

(b) In determining a penalty that may be imposed by the Commission, when a penalty guideline recommendation includes “suspension,” the Commission is authorized to consider the number of days of employment suspension imposed upon the officer by the employing agency for retroactive or parallel inclusion in the length of a certification suspension imposed by the Commission. When a penalty guideline recommendation includes “prospective suspension,” no such inclusion is authorized.

(5) When the Commission finds that a certified officer has committed an act that violates Section 943.13(7), F.S., the Commission shall issue a final order imposing penalties within the ranges recommended in the following disciplinary guidelines:

(a) For the perpetration by the officer of an act that would constitute any felony offense, pursuant to paragraph 11B-27.0011(4)(a), F.A.C., but where there was not a violation of section 943.13(4), F.S., the action of the Commission shall be to impose a penalty ranging from suspension of certification to revocation. Specific violations and penalties that shall be imposed, absent mitigating circumstances, include the following:

Violation

Recommended Penalty Range

Felony assault

(Sections 784.021, 784.07, F.S.)

Prospective suspension to revocation

Felony battery

(Sections 784.041, 784.045, 784.07, F.S.)

Prospective suspension to revocation

Possession, sale of controlled substance

(Section 893.13, F.S.)

Revocation

Tampering with evidence

(Section 918.13, F.S.)

Revocation

Introduction of contraband into a jail or prison involving a firearm, concealed weapon, controlled substance, currency, or a tool or implement useful in an attempt to escape from custody

(Sections 843.11, 944.47, 951.22, F.S.)

Revocation

False Statements

(Sections 837.02, 837.021, 837.05(2), 838.022, 839.13(2), F.S.)

Prospective suspension to revocation

Felony stalking, Sexual Cyberharassment

(Section 784.048, 784.049(3)(b), F.S.)

Revocation

Sexual battery, unlawful sexual activity with a minor

(Sections 794.011, 794.05, F.S.)

Revocation

Lewd or lascivious offense, child under 16

(Section 800.04, F.S.)

Revocation

Child abuse

(Sections 827.03, 827.071, F.S.)

Prospective suspension to revocation

Aggravated child abuse with violence

(Section 827.03, F.S.)

Revocation

Resisting an officer with violence

(Section 843.01, F.S.)

Prospective suspension to revocation

Felony controlled substance violation

(Sections 893.13, 893.135, 893.147, 893.149, F.S.)

Revocation

Bribery

(Section 838.015, F.S.)

Revocation

Unlawful compensation or reward for official behavior

(Section 838.016, F.S.)

Revocation

Video Voyeurism

Prospective suspension and probation with counseling to revocation

Felony threats

(Section 836.12(3), F.S.

Revocation

Sexual Misconduct

(Section 944.35(3)2., F.S.)

Revocation

Possession of Certain Drugs without Prescriptions with the intent to sell, dispense, or deliver

(Section 499.03, F.S.)

Prospective suspension to revocation

Obscenity

(Sections 847.011(1)(c), 847.011(5), 847.0135, 847.0145, F.S.)

Prospective suspension to revocation

(b) For the perpetration by the officer of an act that would constitute any of the misdemeanor offenses, pursuant to paragraph 11B-27.0011(4)(b), F.A.C., but where there was not a violation of Section 943.13(4), F.S., the action of the Commission shall be to impose a penalty ranging from probation of certification to suspension of certification. Specific violations and penalties that shall be imposed, absent aggravating or mitigating circumstances, include the following:

Violation

Recommended Penalty Range

Assault

(Section 784.011, F.S.)

Suspension

Battery; Malicious Battery

(Section 784.03, 944.35(3)(a)(1), F.S.)

Suspension

Petit theft

(Section 812.014, F.S.)

Suspension to revocation

False reports and statements

(Sections 817.49, 837.012, 837.05(1), 837.055, 837.06, 839.13(1), 901.36, 944.35(4)(b), F.S.)

Prospective suspension to revocation

Improper exhibition of a weapon

(Section 790.10, F.S.)

Probation with training

Discharging a firearm in public

(Section 790.15, F.S.)

Suspension

Passing a worthless check

(Section 832.05, F.S.)

Probation

Prostitution or lewdness; voyeurism; video voyeurism

(Sections 796.07, 810.14, 810.145, F.S.)

Prospective suspension, and probation with counseling to revocation

Indecent exposure

(Section 800.03, F.S.)

Suspension, and probation with counseling to revocation

Driving or boating under the influence

(Sections 316.193 and 327.35, F.S.)

Probation with substance abuse counseling

Driving or boating under the influence-Second Offense

Prospective suspension with substance abuse counseling to revocation

Driving or boating under the influence with property damage or injury

Prospective suspension with substance abuse counseling to revocation

Driving or boating under the influence –blood-alcohol level or breath-alcohol level of 0.15 or higher

Prospective suspension with substance abuse counseling to revocation

Driving or boating under the influence while accompanied in the vehicle by a person under the age of 18 years

Prospective suspension with substance abuse counseling to revocation

Possess or delivery without consideration, and not more than 20 grams of Cannabis

(Section 893.13, F.S.)

Revocation

Neglect or refusal to aid

(Section 843.06, F.S.)

Suspension to revocation

Second violation of domestic violence or other protective injunction

(Sections 741.31, 784.047, F.S.)

Prospective suspension to revocation

Stalking

(Section 784.048, F.S.)

Prospective suspension to revocation

Battery involving domestic violence with slight or moderate victim physical injury

(Sections 741.28, 784.03, F.S.)

Prospective suspension to revocation

Threats

(Section 836.12(2), F.S.)

Prospective suspension to revocation

Sexual Cyberharassment

(Section 784.049(3)(a), F.S.)

Prospective suspension and probation with counseling to revocation

Second refusal to submit to a physical test of breath, blood, or urine

(Section 316.1939, F.S.)

Prospective suspension with substance abuse counseling to revocation

Installation of tracking devices or applications

(Section 934.425, F.S.)

Suspension to revocation

Possession of certain drugs without prescriptions

(Section 499.03, F.S.)

Suspension to revocation

Obscenity

(Section 847.011(5), F.S.)

Prospective suspension to revocation

Introduction of Contraband (Sections 944.47 and 951.22, F.S.)

Suspension to revocation

(c) For the perpetration by the officer of an act or conduct, as described in paragraph 11B-27.0011(4)(c), F.A.C., if such act or conduct does not constitute a crime described in paragraphs (5)(a)-(b) of this rule section, the action of the Commission shall be to impose the following penalties, absent aggravating or mitigating circumstances:

Violation

Recommended Penalty Range

Excessive use of force under the color of authority

Suspension to revocation

Sexual harassment

Probation with training to suspension with training

Misuse of official position

Suspension to revocation

Engaging in sex while on duty, or at any time the officer is acting under the color of authority as a Commission-certified officer

Suspension to revocation

Unprofessional relationship with an inmate, detainee, probationer, Revocation parolee, or community controlee

Prospective suspension with training to revocation

False statements during the employment application process

Suspension to revocation

Conduct that subverts or attempts to subvert the State Officer Certification Examination process pursuant to subsection 11B-30.009(1), F.A.C.

Revocation

Subverting Commission-approved training or employing agency promotional examination process

Suspension to revocation

Any overt, conspicuous, or public act of a sexual or simulated sexual nature which is likely to be observed by others

Suspension to revocation

Willful failure of the agency administrator to comply with Chapter 943, F.S., as it pertains to the Commission or Commission rules

Suspension to revocation

Conduct that subverts or attempts to subvert the Basic Abilities Test process pursuant to subsection 11B-35.0011(1), F.A.C.

Revocation

Misuse of Electronic Database

Probation to suspension

Intentional Abuse of a Temporary Employment Authorization

Suspension to revocation

Any willful and offensive exposure or exhibition of his or her sexual organs in public or on the private premises of another or so near thereto as to likely be seen except in any place provided or set apart for that purpose.

Suspension to revocation

Discriminatory conduct specified in sub-subparagraph 11B-27.0011(4)(c)15.a., F.A.C.

Written reprimand to revocation

Discriminatory conduct specified in sub-subparagraph 11B-27.0011(4)(c)15.b., F.A.C.

Revocation

(d) Notwithstanding subsection (4) of this rule section, for the unlawful use by a certified officer of any controlled substances specified in Section 893.13, F.S., or Rule 11B-27.00225, F.A.C., pursuant to paragraph 11B-27.0011(4)(d), F.A.C., the action of the Commission, absent clear and convincing evidence of complete rehabilitation and substantial mitigating circumstances, shall be to impose a penalty ranging from prospective suspension to revocation.

(6) The Commission shall be entitled to deviate from the disciplinary guidelines in this rule section, upon a showing of aggravating or mitigating circumstances by evidence presented to the Commission, if pursuant to Section 120.57(2), F.S., or to an Administrative Law Judge, if pursuant to Section 120.57(1), F.S., prior to the imposition of a final penalty. The Commission shall base a deviation from the disciplinary guidelines upon a finding of one or more of the following:

(a) Aggravating circumstances:

Whether the certified officer used official authority to facilitate the misconduct.
Whether the misconduct was committed while the certified officer was performing other duties.
The number of violations found by the Commission.
The number and severity of prior disciplinary actions taken against the certified officer by the Commission, provided the officer was previously disciplined by the Commission within the preceding eight years or received a Letter of Guidance within the preceding five years.
The severity of the misconduct.
The danger to the public.
The actual damage, physical or otherwise, caused by the misconduct.
The lack of deterrent effect of the penalty imposed by the employing agency.
The pecuniary benefit or self-gain to the officer realized by the misconduct.
Whether the misconduct was motivated by unlawful discrimination.
Any behavior constituting “domestic violence” defined by Section 741.28(2), F.S.
Whether the certified officer has previously received a Letter of Acknowledgement within the preceding three years.
The certified officer has not filed any answer to the Administrative Complaint or otherwise responded to the allegations of misconduct alleged by the Commission.

(b) Mitigating circumstances:

The officer’s employment status in a position requiring Commission certification at the time of the final hearing before the Commission.
The recommendations of character or employment references.
The lack of severity of the misconduct.
The length of time the officer has been certified by the Commission.
Any effort of rehabilitation by the certified officer.
The effect of disciplinary or remedial action taken by the employing agency or recommendations of the employing agency administrator.
The recommendation of a Probable Cause Panel to impose a penalty below the penalty guideline.
Effort of the officer to retract a false statement prior to the close of the disciplinary or criminal investigation.

(7) The Commission shall impose one or more of the following penalties, listed in increasing order of severity:

(a) The issuance of a reprimand.

(b) Successful completion by the certified officer of a Basic Recruit Training Program, Advanced Training Program, or Career Development Training Program, or such retraining deemed appropriate by the Commission.

(c) Placement on a probationary status for a period not to exceed two years and subject to the terms and conditions imposed by the Commission. The Commission may impose one or more of the following terms and conditions of probation:

Periodic reports from the officer, supervisor, or counselor, or indirect or direct supervision by a Commission-approved supervisor.
Furnishing urine samples and consents to the release of analysis results of random or scheduled urine drug tests at the officer’s expense.
Participation in psychological, occupational, or substance abuse counseling.
Successful completion of training or retraining specified in paragraphs (5)(b), (c) of this rule section.
Refraining from violations of Sections 943.13(4), (7), F.S.
The payment of restitution for damages or loss created by the certified officer’s misconduct.
The effective date of any period of probation imposed on a respondent by the Commission shall begin fifteen days from the filing date of the Final Order, unless such probation is to follow a period of prospective suspension. Commission staff shall monitor the probation status of each officer to ensure compliance with the conditions of probation. Commission staff shall report to the Commission satisfactory completion of probation, as well as any violations of the conditions of probation. If the officer violates any of the conditions of probation, Commission staff shall report the violations to the Commission for consideration of further disciplinary action, pursuant to subsection (3) of this rule section and Section 943.1395(7)(c), F.S.

(d) Suspension of certification and the privilege of employment as an officer for a period not to exceed two years.

(e) Revocation of certification.

(8)(a) The provisions of subsections (1)-(7) of this rule section are not intended and shall not be construed to limit the ability of the Commission to pursue or recommend collateral, civil, or criminal actions, when appropriate.

(b) The provisions of subsections (1)-(7) of this rule section are not intended and shall not be construed to limit the ability of the Commission to informally dispose of disciplinary actions by stipulation, agreed settlement, or consent order, pursuant to Section 120.57(4), F.S.

(9) Action by the Commission disciplining an officer’s certification shall concurrently discipline all other certifications of any nature issued to that officer by the Criminal Justice Standards and Training Commission pursuant to Sections 943.1395(1) and 943.12(3), F.S., and Rules 11B-20.001 and 11B-27.002, F.A.C.

(10) Temporary Employment Authorization (TEA). Individuals employed on a TEA, pursuant to Section 943.131, F.S., who are retained by the employing agency, are subject to the following discipline by the Commission when found to have committed an act or acts establishing a “lack of good moral character,” defined in subsection 11B-27.0011(4), F.A.C.:

(a) If the Commission issues a probationary period to an individual employed on a TEA, such individual shall be eligible for certification pending successful completion of the terms and conditions of the probationary period.

(b) If the Commission issues a suspension period to an individual employed on a TEA, such individual shall not be eligible for certification until the completion of the suspension period.

(11) Individuals employed on a TEA who are found to have committed an act or acts establishing a “lack of good moral character,” defined in subsection 11B-27.0011(4), F.A.C., and are terminated from employment prior to certification are subject to the following discipline by the Commission. Upon a finding of probable cause by a panel of the Commission, the Commission shall: declare the individual ineligible to apply for certification in any discipline for a period of two years pursuant to Section 943.13(7), F.S., regarding good moral character for employment or appointment as an officer.

(12) If an individual employed on a TEA, pursuant to Section 943.131, F.S., is found to have committed an act or acts establishing a “lack of good moral character,” defined in subsection 11B-27.0011(4), F.A.C.: becomes certified at any time during the Commission’s preliminary investigation or disciplinary process, the individual will no longer be subject to the actions of subsection (10) or (11), but will instead be subject to discipline as defined in Rule 11B-27.005, F.A.C.

History

Rulemaking Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12(3), 943.1395(8) FS. History–New 10-6-82, Amended 1-7-85, Formerly 11B-27.05, Amended 3-29-89, 12-13-92, 2-17-93, 1-19-94, 8-7-94, 11-5-95, 1-2-97, 7-7-99, 8-22-00, 7-29-01, 11-5-02, 4-11-04, 11-30-04, 3-27-06, 3-21-07, 6-9-08, 6-3-10, 5-21-12, 5-29-14, 9-4-16, 8-15-18, 5-5-20, 5-20-21, 6-26-22, 6-25-24, 7-2-26.

Fla. Admin. Code R. 11B-27.006 Administrative Complaint

History

Rulemaking Authority 943.03(3), 943.12(9) FS. Law Implemented 120.60, 120.62, 943.12(1), (2), (9), 943.13, 943.14(1), (2), (3), 943.19 FS. History–New 10-6-82, Formerly 11B-27.06, Repealed 1-7-85.

Fla. Admin. Code R. 11B-27.007 Denial of Certification

Should the Commission find that an applicant for certification fails to meet the qualifications established pursuant to Sections 943.13(1) through (10), F.S., or any rules promulgated thereunder, the Commission shall notify the applicant by forwarding a statement of denial, and shall forward a copy to the agency that submitted the application for certification. The statement of denial shall specify the basis for Commission action, and shall be forwarded to the applicant pursuant to the procedures of rule Chapter 120, F.S., Administrative Procedure Act, and the Uniform Rules of Procedure, Chapter 28, F.A.C.

History

Rulemaking Authority 943.03(4), 943.12(1) FS. Law Implemented 120.60, 120.62, 943.1395 FS. History–New 10-6-82, Amended 1-7-85, Formerly 11B-27.07, Amended 7-7-99, 8-22-00.

Fla. Admin. Code R. 11B-27.008 Explanation and Election of Rights

History

Rulemaking Authority 943.03(3), 943.12(9) FS. Law Implemented 120.60, 120.62, 943.121(1), (2), (9), 943.13, 943.14(1), (2), (3), 943.19 FS. History–New 10-6-82, Formerly 11B-27.08, Repealed 6-3-85.

Fla. Admin. Code R. 11B-27.009 Request for Formal or Informal Hearing

History

Rulemaking Authority 120.53, 943.03(3), 943.12(9) FS. Law Implemented 120.53, 120.60, 120.62, 943.12(1), (2), (9), 943.13, 943.14(1), (2), (3), 943.19 FS. History–New 10-6-82, Amended 12-28-83, Formerly 11B-27.09, Repealed 1-7-85.

Fla. Admin. Code R. 11B-27.010 Default

History

Rulemaking Authority 943.03(4), 943.12(1) FS. Law Implemented 120.54(5), 120.60, 120.62, 943.12(9), 943.13, 943.14(1), (2), (3), 943.19 FS. History–New 10-6-82, Amended 12-28-83, Formerly 11B-27.10, Amended 6-2-91, 1-2-97, 7-7-99, Repealed 8-22-00.

Fla. Admin. Code R. 11B-27.011 Recommended Order

History

Rulemaking Authority 943.03(3), (4), 943.12(1) FS. Law Implemented 120.54(5), 120.60, 943.12(9), 943.13, 943.14(1)-(3), 943.19 FS. History–New 10-6-82, Formerly 11B-27.11, Amended 7-7-99, Repealed 8-22-00.

Fla. Admin. Code R. 11B-27.012 Recordskeeping

History

Rulemaking Authority 120.53, 943.03(3), 943.12(9) FS. Law Implemented 120.53, 120.60, 120.62, 943.12(1), (2), (9), 943.13, 943.14(1), (2), (3), 943.19 FS. History–New 10-6-82, Formerly 11B-27.12, Repealed 12-13-92.

Fla. Admin. Code R. 11B-27.013 Canine Team Certification

(1) Definitions.

(a) “Canine team” shall refer to a certified officer and a specific canine working together in the performance of law enforcement or correctional duties. “Handler” refers to the certified officer who trains and controls the canine. This definition does not include canines used by certified officers exclusively for tracking and trailing or specific detection, which are excluded from the certification process.

(b) “Canine evaluator” shall refer to a person who is authorized by the Commission to administer the canine team performance evaluation to canine teams and to attest to the proficiency of the canine team pursuant with the performance evaluation. The evaluator shall determine if training submitted by an agency that is requesting certification is equivalent to the 480-hour Canine Team Training Course number 1198. The canine team evaluator applicant requesting approval of the Commission shall be required to possess the minimum training and experience pursuant to subsection (7) of this rule section, and documented in a request to Commission staff. A Commission-approved evaluator shall not verify equivalent training that he or she delivered.

(c) “Equivalent Training” shall refer to the Canine Team Training Course number 1198 not delivered at a Commission-certified training school, or any canine team training course other than the Commission-approved Canine Team Training Course number 1198. Equivalent training 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.

(2) Canine team certification requirements. Commission certification of a canine team is not required. If a canine team seeks Commission certification, the canine team shall meet the following requirements:

(a) A canine team shall successfully complete the Canine Team Training Course number 1198, or equivalent training as defined in subsection (1) of this rule section, at a minimum of 480 hours before applying for certification, or

(b) A canine team that has successfully completed the Canine Team Training Course number 1112, or equivalent training, at a minimum of 400 hours prior to the retirement of that course on November 6, 2013, shall become certified by October 31, 2015. Failure to become certified by that date shall require the canine team to successfully complete Canine Team Training Course number 1198, or equivalent training, at a minimum of 480 hours.

(d) A previously Commission-certified handler assigned a new canine shall comply with the training goals and objectives in the Canine Team Training Course number 1198, with the exception of the academic block of instruction. The canine team shall train for a minimum of 80 hours, which shall be verified by a Commission-approved evaluator as equivalent training, and successfully demonstrate the required proficiency skills.

(e) A canine team shall provide documentation of the canine team’s compliance with certification requirements and submit a Canine Team Certification Application, form CJSTC-70, revised August 15, 2024, effective 3/2025, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-17869. Form CJSTC-70 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

(3) Required documentation for certification of a canine team. Documentation of compliance for Commission certification of canine teams shall include:

(a) A completed Canine Team Certification Application form CJSTC-70. Prior to submitting a form CJSTC-70, the agency employing the canine team shall collect, verify, and have on file documents establishing compliance with the requirements of this rule section, regardless of where canine training takes place.

(b) Documentation of successful completion of canine team training shall include the following:

Certificate of successful completion of the Canine Team Training Course number 1198 delivered at a Commission-certified training school and taught by Commission-certified Canine Instructors; or
Successful completion of the equivalent training shall be documented on the Canine Course Equivalency Checklist form CJSTC-70A, revised November 5, 2015, effective 9/2016, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-07378. Form CJSTC-70A can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

a. Canine Team Training Course number 1198 not delivered at a Commission-certified training school shall be deemed as equivalent training by a Commission-approved evaluator.

b. Any canine team training course other than the Commission-approved Canine Team Training Course number 1198 shall be deemed equivalent training by a Commission-approved evaluator if the course is a minimum of 480 hours and complies with the objectives of the Canine Team Training Course number 1198.

The employing agency submitting form CJSTC-70 shall provide documentation of training to the Commission-approved evaluator. The evaluator shall review and document of the training on form CJSTC-70A.

(c) A completed Canine Team Performance Evaluation form CJSTC-83, revised August 15, 2024, effective 3/2025, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-17870, shall be verified by evaluator(s) to ensure the canine team completed the proficiency requirements. Form CJSTC-83 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

Successful completion of the canine team performance evaluation shall be administered by two Commission-approved canine team evaluators and documented on form CJSTC-83. A Commission-approved canine team evaluator conducting the initial training of a canine team shall not participate in the initial certification of that team. One of the Commission-approved canine team evaluators shall not be affiliated with the employing agency of the canine team being examined for certification. A Commission-approved canine team evaluator shall not administer a performance evaluation to a canine that is assigned as the evaluator’s work partner.
The canine team proficiency topics are permitted to be administered in random order by the evaluator or concurrently by the evaluator.
During the initial evaluation the canine team shall test in all topics of the performance evaluation. If a canine team fails to successfully demonstrate proficiency on one specific topic during the initial evaluation, one re-evaluation is permitted to be given for the specific topic during the initial evaluation. The handler shall be allowed to remediate with the canine prior to declaring intent to repeat the specific topic. If a canine team fails to complete the specific topic or any additional topics, the canine team shall be deemed to have failed the performance evaluation. Remediation is defined as the handler working with the canine to resolve the topic of deficiency specified in form CJSTC-83 in the “Re-examination and Remediation Process” section.
If a canine team fails to successfully demonstrate proficiency for any topic(s) during the first performance evaluation, the handler shall remediate the canine team in the topic(s). The canine team shall retest after a minimum of 24 hours from the date of the first failure and successfully demonstrate proficiency in the specific failed topic(s) under the supervision of two Commission-approved evaluators. One evaluator shall be an original evaluator involved in the initial proficiency failure. The handler shall provide documentation, to include lesson plans and signed attendance rosters, of the remedial training to the Commission-approved evaluators prior to the administration of the re-evaluation.
If a canine team fails to successfully demonstrate proficiency in the specific failed topic(s) during the second attempt, the handler shall remediate with the same canine in the specific failed topic outlined in the Canine Team Training Course number 1198. The canine team shall retest after a minimum of 30 days from the date of the second failure. The canine team shall repeat the performance evaluation in its entirety under the supervision of two Commission-approved evaluators. One evaluator shall be an evaluator who was involved in the initial proficiency failure for that canine team. The handler shall provide documentation, to include lesson plans and signed attendance rosters, of the remedial training to the Commission-approved evaluators prior to the administration of the re-evaluation.
A canine team that has failed a third attempt to pass a Canine Team Performance Evaluation shall be deemed to have failed the certification process, and shall complete the Canine Team Training Course number 1198 or equivalent training prior to submitting an application for certification. Form CJSTC-83 shall be used to document the third failure of the canine team and submitted by one of the canine team evaluators to the Florida Department of Law Enforcement, Criminal Justice Professionalism Program, Post Office Box 1489, Tallahassee, Florida 32302.
Documentation of the training shall be made available to the Commission-approved evaluators prior to the administration of a subsequent canine team performance evaluation.

(4) Renewal of Certification.

(a) A Canine Team Certification shall lapse if it is not renewed on or before October 31 of the year following the initial certification.

(b) If the canine team handler applying for recertification has not changed canines or the canine team certification has not expired, the employing agency requesting renewal of the certification shall complete the applicable sections and submit form CJSTC-70 marked “Renewal,” and document the canine team proficiency on form CJSTC-83 in compliance with the requirements of subsection (3) of this rule section.

(c) If the canine team certification has expired, the employing agency requesting renewal of the certification shall complete the applicable sections and submit form CJSTC-70 marked “Renewal,” and document the canine team proficiency on form CJSTC-83, in compliance with the requirements of subsection (3) of this rule section.

(5) Change of assigned canine team. If a Commission-certified canine handler or canine ceases to be assigned as part of a canine team by the employing agency, the certification shall lapse.

(a) Notification of changes in a canine team assignment shall be submitted to Commission staff in writing to the Florida Department of Law Enforcement, Criminal Justice Professionalism Program, Post Office Box 1489, Tallahassee, Florida 32302, provided the handler is not assigned a new canine.

(b) A Commission-certified canine handler who has been assigned a new canine, shall submit form CJSTC-70, marked “New” and “Canine Team Change” after complying with the requirements of this rule section.

(6) Inspection of canine team applicant files.

(a) Upon determination of an unfavorable inspection by Commission staff, the deficiencies shall be documented on a Canine Team Certification Deficiency Notification form CJSTC-270, revised August 15, 2024, effective 3/2025, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-17871. Form CJSTC-270 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

(b) The employing agency shall satisfy the deficiency(ies) by submitting the required documentation to Commission staff within 90 days of the receipt of the Canine Team Certification Deficiency Notification form CJSTC-270. The Commission has the authority to deny the employing agency’s request for canine team certification for failure to meet the 90-day requirement. Upon denial of the application, the employing agency may reapply for canine team certification.

(7) Canine Team Evaluators.

(a) Prior to being approved by the Commission as a canine team evaluator, the evaluator applicant shall provide documentation verifying the evaluator applicant has complied with the following requirements:

Documentation of one year experience as a Commission-certified canine team instructor.
Documentation on form CJSTC-70 that the evaluator applicant has taught the Canine Team Training Course number 1198; or the Canine Team Training Course number 1112 (retired 11/6/2013); or equivalent training in its entirety to a minimum of six canine teams that have successfully completed the canine team certification process. Canine teams trained exclusively for tracking and trailing or specific detection shall not be included in this total.
Verification that the evaluator applicant has evaluated a minimum of twelve canine teams under the supervision of Commission-approved evaluators, which shall be documented on form CJSTC-83. Canine teams trained exclusively for tracking and trailing or specific detection shall not be included in this total.
A letter of recommendation for the evaluator applicant from a training center director, agency administrator, or designee.
Request for evaluator status. A letter from the evaluator applicant requesting approval from the Commission as a “canine team evaluator” shall be forwarded to the Florida Department of Law Enforcement, Criminal Justice Professionalism Program, P.O. Box 1489, Tallahassee, Florida 32302, Attention Bureau Chief of the Bureau of Standards, for the initial request for approval as a canine team evaluator. The letter shall include the evaluator’s full name, the last four digits of the evaluator’s social security number, complete address, and documentation of compliance with the standards set forth in this rule section.

(b) Approval of canine team evaluator status. Upon a review of the documents and determination that the evaluator applicant has complied with the requirements set forth in this rule section, a letter acknowledging approval by the Commission shall be forwarded to the evaluator applicant.

(c) Maintenance of canine team evaluator status. Commission-approved evaluators shall be required to submit a request for continuance as an evaluator, to the address in paragraph (7)(a) of this rule section, within four years of the date of approval, with documentation that verifies the evaluator has completed a minimum of four canine team performance evaluations within the four-year period. The verifying documentation shall be copies of form CJSTC-70, attesting that the performance evaluation was administered by the evaluator. A canine team evaluator’s “approval status” shall expire four years following the date approved by the Commission. If the Commission-approved evaluator’s “approval status” expires, the evaluator shall comply with the maintenance requirements in this rule section as an evaluator applicant under the supervision of two Commission-approved canine team evaluators and shall document the evaluation skills on form CJSTC-83. Canine team evaluators with an expired status shall submit for approval a “request for evaluator status” and comply with the requirements in paragraph (7)(a) of this rule section.

History

Rulemaking Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12(16) FS. History–New 3-29-89, Amended 12-13-92, 1-2-97, 7-7-99, 8-22-00, 7-29-01, 11-5-02, 11-30-04, 3-27-06, 3-21-07, 6-9-08, 9-28-09, 6-3-10, 3-13-13, 5-29-14, 7-29-15, 9-4-16, 6-26-22, 4-9-25.

Fla. Admin. Code R. 11B-27.014 Implementation of the Federal Law Enforcement Officers Safety Act of 2004

(1) Requirements to demonstrate the firearms proficiency requirements under the Federal Law Enforcement Officers Safety Act of 2004 (18 U.S.C.A. §926C) in Florida.

(a) To carry a concealed firearm under the Federal Law Enforcement Officers Safety Act of 2004 (“Act”), a qualified retired law enforcement officer (“retiree”), as defined in 18 U.S.C.A. §926C, shall show that he or she has demonstrated the firearms proficiency required by the Act within the past twelve months of the time he or she possesses a concealed firearm.

(b) The Act provides the following two methods for a retiree to demonstrate firearms proficiency:

One method allows the retiree to return to the agency from which he or she retired to meet the agency’s firearms proficiency standards as applied to the agency’s active officers. Under the Act, an agency has the option to offer this alternative.
The second method allows the retiree to meet the minimum firearms standards applied to active law enforcement officers by the state of the retiree’s residence.

(c) For retirees who reside in Florida, the option to meet the state’s minimum firearms standards shall be demonstrated using the Commission’s approved minimum firearms proficiency course of fire (“course of fire”), conducted in a manner specified in paragraph (2)(c) of this rule section, pursuant to the Law Enforcement Officer Firearms Qualification Standard on form CJSTC-86A, incorporated by reference in subsection 11B-27.00212(14), F.A.C.

(d) Pursuant to Sections 790.052(1)(b) and (c), F.S., all persons holding an active certification or who held an active certification before separating from service under the conditions set forth in 18 U.S.C.A. 926C(c), as a law enforcement or correctional officer as defined in Section 943.10(1), (2), (6), (7), (8), or (9), F.S., meet the definition of “qualified law enforcement officer” or “qualified retired law enforcement officer.”

(2) Requirements for administering the course of fire are as follows:

(a) The range master conducting the course of fire shall be an active Commission-certified handgun instructor pursuant to subsection 11B-20.0014(2)(c) or (d), F.A.C.

(b) The range master shall issue a Commission-approved Firearms Proficiency Verification Card, form CJSTC-600, created on July 9, 2007, and revised on August 8, 2019, effective 4/2020, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-11907, to each retiree who successfully completes the course of fire as required on form CJSTC-86A using a revolver or a semi-automatic handgun.

(c) The range master shall maintain the following documentation that is related to the completion of the course of fire for each retiree who successfully completes the course, and the retained documentation shall be subject to audit during regular business hours upon a two-day written notice by Commission staff:

Full name of the retiree completing the course of fire.
Address of the retiree completing the course of fire.
The Course of Fire Proficiency Score. A passing score is a minimum score of 33 of 38 rounds in the scoring area using a commercially produced B-21E target or equivalent Pride Enterprises (P.R.I.D.E.) target. The scoring area shall be any hit that is inside or touches the exterior scoring line of the four and five zone of the B-21E target.
Date the course of fire was completed.
Location where the course of fire was conducted.
The specific number imprinted on the CJSTC-600 form issued to the retiree who completed the course of fire.
Type(s) of firearm(s).

(3) Firearms Range Requirements.

(a) The course of fire shall be conducted on any public or private range that meets the shooting distance requirements on form CJSTC-86A.

(b) The owner of a firearms range is not required to administer the course of fire on the owner’s firearms range.

(4) Issuance and Maintenance of form CJSTC-600.

(a) A request for form CJSTC-600 shall be made in writing to the Florida Department of Law Enforcement, Criminal Justice Professionalism Program, Post Office Box 1489, Tallahassee, Florida 32302, Attention: Officer Records Section.

A Commission-certified handgun instructor is allowed to receive up to 50 each of the CJSTC-600 form with each written request, and the request shall include the handgun instructor’s full name, mailing address and physical address if different from the mailing address, telephone number, and the name of the Commission-certified training school, defined as “training school” in subsection 11B-18.003(23), F.A.C., affiliation or criminal justice agency affiliation.
A training school is allowed to receive up to 200 each of the CJSTC-600 form one time a month with each written request, and the request shall be made on the training school’s letterhead signed by the training center director or designee.
If a retiree loses form CJSTC-600, a replacement card shall not be reissued. The retiree shall be required to complete the course of fire, again, and be issued a new CJSTC-600 form.

(b) A Commission-certified handgun instructor shall only issue a CJSTC-600 form for successful completion of the course of fire. Each CJSTC-600 form shall be issued with a specific number imprinted on the form and the handgun instructor shall maintain documentation for a period of two years indicating to whom the CJSTC-600 was issued, which shall be subject to audit by Commission staff during regular business hours upon a two-day written notice by Commission staff.

(5) Admission to a range to attempt to complete the course of fire shall be under the terms and conditions of the range master, and solely at the range master’s discretion. Neither state law nor the Act provide a retiree with a right to demand access to a range or an opportunity to attempt the course of fire.

(6) It is not the responsibility of the Commission, any Commission certified handgun instructor, a training school, or any other entity operating a firearms range, at the time of the firearms qualification, to verify or certify that a retiree meets any of the additional requirements of a “qualified retired law enforcement officer” under the Act. Meeting the Act’s qualifications is solely the responsibility of the retiree. The range master is not required to otherwise verify a retiree’s status under the Act at the time of the firearms qualification.

History

Rulemaking Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12, 943.132 FS. History–New 3-3-08, Amended 6-3-10, 3-13-13, 7-9-19, 5-5-20, 6-25-24, 4-9-25, 7-2-26.

Chapter 11B-30 EXAMINATIONS

Fla. Admin. Code R. 11B-30.001 Development and Adoption of Examinations

History

Rulemaking Authority 943.12(1) FS. Law Implemented 943.17, 943.173 FS. History–New 7-1-85, Formerly 11B-30.01, Repealed 6-29-95.

Fla. Admin. Code R. 11B-30.002 Basic Recruit Training Examinations

History

Rulemaking Authority 943.12(1) FS. Law Implemented 943.17(1)(e) FS. History–New 7-1-85, Formerly 11B-30.02, Amended 9-3-87, Repealed 6-29-95.

Fla. Admin. Code R. 11B-30.003 Advanced and Career Development Training Examinations

History

Rulemaking Authority 943.12(1) FS. Law Implemented 943.17(1)(d) FS. History–New 7-1-85, Formerly 11B-30.03, Repealed 6-29-95.

Fla. Admin. Code R. 11B-30.004 Administration and Security

History

Rulemaking Authority 943.12(1) FS. Law Implemented 943.173 FS. History–New 7-1-85, Formerly 11B-30.04, Repealed 1-10-94.

Fla. Admin. Code R. 11B-30.0045 Administration and Security of Comprehensive Examination

History

Rulemaking Authority 943.12(1) FS. Law Implemented 943.173 FS. History–New 1-2-97, Repealed 7-7-99.

Fla. Admin. Code R. 11B-30.005 Selection of Examination Locations, Dates, Times and Personnel

History

Rulemaking Authority 943.12(1), 943.1397 FS. Law Implemented 943.1397, 943.173 FS. History–New 7-1-85, Formerly 11B-30.05, Amended 1-10-94, 8-7-94, Repealed 6-29-95.

Fla. Admin. Code R. 11B-30.006 State Officer Certification Examination General Eligibility Requirements

(1) For the purposes of this rule chapter, the terms “successfully completed” and “successfully complete” are defined as being denoted with a “Pass,” pursuant to subsection 11B-35.001(10), F.A.C., on the completed Training Report, form CJSTC-67, revised August 14, 2025, effective 5/2026, hereby incorporated by reference, https://flrules.org/Gateway/reference.asp?No=Ref-19474. Form CJSTC-67 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

(2) The following individuals are eligible to take the State Officer Certification Examination (SOCE) for the requested criminal justice discipline:

(a) Individuals who, within four years of beginning basic recruit training, have successfully completed a Commission-approved Basic Recruit Training Program, pursuant to Rule 11B-35.002, F.A.C.

(b) Inactive Florida law enforcement, correctional, and correctional probation officers, defined in Section 943.1395(3), F.S., who comply with paragraph 11B-27.00212(12)(a), and Rule 11B-35.009, F.A.C., shall pass the SOCE within one year of notification of approval of the Exemption-From-Training, form CJSTC-76, revised August 15, 2024, effective 3/2025, hereby incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17873. Form CJSTC-76 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

(c) Out-of-state, military, and federal law enforcement, correctional, and correctional probation officers or members of the special operations forces who comply with Rule 11B-35.009, F.A.C., shall pass the SOCE within one year of notification of approval of the Exemption-From-Training form CJSTC-76.

History

Rulemaking Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12(17), 943.131(2), 943.1397 FS. History–New 1-10-94, Amended 8-7-94, 1-2-97, 7-7-99, 8-22-00, 7-29-01, 11-5-02, 11-30-04, 3-27-06, 3-21-07, 6-9-08, 6-3-10, 5-21-12, 5-29-14, 7-29-15, 9-4-16, 7-19-17, 8-15-18, 7-9-19, 4-9-25, 6-7-26.

Fla. Admin. Code R. 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

History

Rulemaking Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12(18), 943.13(10), 943.1397 FS. History–New 7-29-01, Repealed 11-5-02.

Fla. Admin. Code R. 11B-30.0062 State Officer Certification Examination Assignment and Retake Eligibility Requirements

(1) Individuals who have successfully completed a Commission-approved Basic Recruit Training Program or are exempt from a Basic Recruit Training Program, pursuant to subsection 11B-30.006(2), F.A.C., shall be allowed to apply for and take the State Officer Certification Examination (SOCE) corresponding to the specific law enforcement, correctional, or correctional probation discipline and curriculum for which training was completed or exempted. Individuals completing a Basic Recruit Training Program shall pass the SOCE within four years of the beginning date of training pursuant to subsection 11B-27.002(4), F.A.C. Individuals exempt from a Basic Recruit Training Program shall pass the SOCE within one year of receiving the exemption pursuant to Section 943.131, F.S.

(2) Should an individual fail to achieve an overall passing score on the SOCE, the individual shall be permitted two opportunities to reapply and retake the examination.

History

Rulemaking Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12(17), 943.13(10), 943.1397 FS. History–New 7-29-01, Amended 11-5-02, 11-30-04, 6-9-08, 5-21-12, 3-13-13, 7-19-17.

Fla. Admin. Code R. 11B-30.0063 CMS Application-Based State Officer Certification Examination and Retake Eligibility Requirements

History

Rulemaking Authority 943.03(4), 943.12(1), (18) FS. Law Implemented 943.12(18), 943.173 FS. History–New 7-29-01, Amended 11-5-02, Repealed 11-30-04.

Fla. Admin. Code R. 11B-30.007 Application for the State Officer Certification Examination and Notification Process

(1) Application to take the State Officer Certification Examination (SOCE) shall be made by submitting an application online per the instructions available on the following FDLE website, http://www.fdle.state.fl.us/CJSTC/Officer-Requirements/How-to-Become-an-Officer.aspx. All applications shall be accompanied by payment of the $100 examination fee using a credit card or debit card.

(2) If a mechanical fault, natural event, or other problem associated with the administration of the SOCE occurs, the applicant shall be permitted to reschedule the examination with the test site without submitting an additional application or examination fee to the Florida Department of Law Enforcement. Re-scheduling of the SOCE shall not constitute a re-examination.

History

Rulemaking Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12(17), 943.1397(3) FS. History–New 1-10-94, Amended 1-2-97, 7-7-99, 7-29-01, 11-5-02, 11-30-04, 3-21-07, 6-9-08, 9-28-09, 5-21-12, 5-29-14, 7-19-17.

Fla. Admin. Code R. 11B-30.0071 Examination Accommodations for Applicants with Disabilities

(1) In compliance with the Americans with Disabilities Act (ADA) of 1990, the Department shall provide reasonable and appropriate accommodations to individuals with physical, mental, or specific learning disabilities to the extent such accommodations do not create an undue cost, administration restraints, security considerations, and availability of resources. Accommodations made will vary depending upon the nature and the severity of the disability. Each case shall be dealt with on an individual basis with the limits prescribed herein. Reference information and guidelines regarding the process for documenting disabilities are contained in the “Request for Test Accommodations for Examinees with Disabilities,” document, which may be obtained via the following web address: http://www.fdle.state.fl.us/CJSTC/Documents/Exam/SpecialAccommodationsManual-1.aspx or by writing to the Florida Department of Law Enforcement, Criminal Justice Professionalism Program, Certification Examination Section, Post Office Box 1489, Tallahassee, Florida 32302-1489, Attention: ADA Coordinator, or by calling (Voice): (850)410-8600, (TDD): (850)410-7948.

(2) An applicant requesting special accommodations shall submit an Application for Individuals Requesting Special Test Accommodations, form CJSTC-502, revised November 8, 2007, hereby incorporated by reference. Commission staff shall notify the applicant of the approval or denial of accommodations within forty-five calendar days of receipt of form CJSTC-502. Form CJSTC-502 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615. The individual shall provide documentation of the disability by an appropriate professional, pursuant to paragraph (7)(e) of this rule section, when the disability and the requested accommodations are not obvious. Form CJSTC-502 may be obtained by writing to the Florida Department of Law Enforcement, Criminal Justice Professionalism Program, Certification Examination Section, Post Office Box 1489, Tallahassee, Florida 32302-1489, Attention: ADA Coordinator, or by calling (Voice): (850)410-8602, (TDD): (850)410-7958.

(3) Accommodations to take the SOCE shall be provided for qualifying individuals pursuant to subsection (2) of this rule section. All accommodations shall be directly linked to the amelioration of the identified functional limitations caused by the asserted disability and must be reasonable and effective. Permissible accommodations include:

(a) Flexible Time. Individuals requiring extra time to take the SOCE shall submit a recommendation of such from an appropriate professional, pursuant to paragraph (7)(e) of this rule section. Approved accommodations for extra time shall be limited to one and a half times the regularly allowed time to complete the examination. Untimed certification examinations shall not be provided.

(b) Flexible Setting. Individual and small group settings for administration of the SOCE shall be made available to individuals when such a service is recommended by an appropriate professional, however, flexible settings are subject to test site capabilities.

(4) Accommodations that are not permissible. A reader shall not be allowed for applicants taking the SOCE or Basic Abilities Test (BAT). These examinations utilize diagrams, tables, or statutory reference materials to measure an applicant’s ability to apply these professional tools to solve problems and answer questions.

(5) Commission staff shall request further evidence for the necessity of the accommodation when the evidence substantiating the need for the accommodation is incomplete, inconclusive, unclear, or does not substantiate the need for the requested accommodation.

(6) In no case shall any modifications authorized herein be interpreted or construed as an authorization to provide an individual with assistance in determining the answer to any test item. No accommodation or modification shall be made that adversely affects the integrity of the SOCE.

(7) Definition of Terms.

(a) Person with disabilities means any person who:

Has a physical, mental, or specific learning disability, which presently substantially limits one or more major life activities;
Has a record of such disability; or
Is regarded as having such disability.

(b) Major life activities are activities that an average person can perform with little or no difficulty, for example walking, talking, hearing, breathing, learning, working, caring for one’s self, and performing manual tasks.

(c) A person with a physical disability means any person who has a permanent or temporary physical or psychomotor disability. Examples, pursuant to this rule section, include individuals with a hearing or sight disability, or those who may need special accommodation to move about.

(d) A person with a learning disability means any person who has a permanent or temporary mental disability, such as brain damage, brain dysfunction, dyslexia, or a perceptual disorder.

(e) For purposes of this rule, “an appropriate professional” is a person licensed, pursuant to Chapters 460 (Chiropractic), 490 (Psychological Services), 458 (Medical Practice), 459 (Osteopathy), 461 (Podiatric Medicine), 463 (Optometry), 468, part I (Speech-Language Pathology and Audiology), or 490 (Psychological Services or certified as a School Psychologist by the Florida Department of Education), F.S., or is licensed in the state in which the certification of disability was performed. Any certification, documentation, or recommendation relating to the individual’s disability provided by an appropriate professional, and pursuant to the requirements of this rule, shall not be extended beyond the scope permitted by the law for that professional or that which the professional knows or has reason to know that he or she is not competent to perform.

History

Rulemaking Authority 943.03(4), 943.12(1), 943.1397 FS. Law Implemented 943.12(17), 943.1397 FS. History–New 7-29-01, Amended 11-5-02, 11-30-04, 3-21-07, 6-9-08, 5-21-12, 7-19-17.

Fla. Admin. Code R. 11B-30.008 State Officer Certification Examination Site Administration

(1) Administration of the Computer-Based State Officer Certification Examination (CB-SOCE) shall be limited to test sites authorized by the Commission and located within the State of Florida. To be eligible to administer the CB-SOCE, a test site must be:

(a) A test center exclusively dedicated to the administration of academic and/or professional certification or licensure examinations and operated or contracted by a Commission-approved criminal Justice training center or its parent organization, or

(b) A computer lab located at a Commission-approved criminal justice training school.

History

Rulemaking Authority 943.03(4), 943.12(1), (17) FS. Law Implemented 943.12(17), 943.131(2) FS. History–New 1-10-94, Amended 8-7-94, 1-2-97, 7-7-99, 8-22-00, 7-29-01, 11-5-02, 11-30-04, 3-21-07, 6-9-08, 5-21-12, 5-29-14, 7-19-17.

Fla. Admin. Code R. 11B-30.009 Applicant Conduct at Test Site and Notice of Protection of Program Privileges

Any violation of the provisions of this subsection shall be documented in writing to the Program Director of the Criminal Justice Professionalism Program.

(1) The applicant shall not engage in conduct that subverts or attempts to subvert the State Officer Certification Examination (SOCE) process. An applicant engaging in conduct intended to subvert the SOCE process shall be dismissed from the SOCE administration. Conduct that subverts or attempts to subvert the SOCE process includes:

(a) Removing from the examination room any of the SOCE materials.

(b) Reproducing or reconstructing any portion of the SOCE.

(d) Selling, distributing, buying, receiving, or having unauthorized possession of any portion of a past, current, or future SOCE.

(e) Revealing test questions or other information that would compromise the integrity of the SOCE.

(f) Communication with any other applicant during the administration of the SOCE.

(g) Copying answers from another applicant, or intentionally allowing one’s answers to be copied by another applicant during the administration of the SOCE.

(h) Having in one’s possession during the administration of the SOCE, any books, notes, written, or printed materials or data of any kind.

(i) Failing to comply with the SOCE administrator’s instructions with the intent to subvert the SOCE process.

(j) Falsifying or misrepresenting information required for admission to the SOCE.

(k) Impersonating an applicant.

(l) Having an impersonator take the SOCE on one’s behalf.

(m) Disrupting the test administration.

(2) An applicant, who engages in conduct in subsection (1) of this rule section, shall be denied access to take the SOCE until the Commission’s disciplinary process has been completed, pursuant to subsection (3) of this rule section.

(3) When the Commission finds that an applicant has committed an act that violates subsection (1) of this rule section, the Commission shall impose one or more of the following sanctions:

(a) Declare the applicant has failed the SOCE.

(b) Require the applicant to forfeit the application fee.

(c) Declare the applicant ineligible to apply to take the SOCE in any discipline for a period of five years pursuant to Section 943.13(7), F.S., regarding good moral character for employment or appointment as an officer.

(d) Deny certification by the Commission as a law enforcement, correctional, or correctional probation officer, pursuant to Rule 11B-27.007, F.A.C.

(4) The applicant shall not engage in conduct that violates the standards of the SOCE Administration. An applicant has violated the standards of the SOCE administration by:

(a) Failing to comply with the SOCE administrator’s instructions at the SOCE test site.

(b) Possession of anything other than personal identification at the test site for the SOCE.

(5) When an applicant has committed an act that violates subsection (4) of this rule section, the applicant shall be subject to the following sanctions:

(a) Dismiss the applicant from the SOCE test administration; and,

(b) Declare the applicant has failed the SOCE and is ineligible to participate in the review process outlined in Rule 11B-30.0012, F.A.C.; and,

(6) When an applicant holds a Commission certification and has committed an act that violates subsection (1) of this rule section, the applicant’s certification(s) shall be subject to disciplinary action pursuant to Rule 11B-27.0011, and subsection 11B-27.005(5), F.A.C.

History

Rulemaking Authority 943.03(4), 943.12(1), (17), 943.173(3) FS. Law Implemented 943.12(17), 943.13(7), 943.1397(1), (3), 943.173 FS. History–New 1-10-94, Amended 1-2-97, 7-7-99, 7-29-01, 11-5-02, 11-30-04, 3-27-06, 3-21-07, 5-21-12, 7-19-17.

Fla. Admin. Code R. 11B-30.010 Applicants Charged with Violations; Right of Hearing

Should the Commission find that an applicant has violated the provisions of subsection 11B-30.009(2), F.A.C., the Commission shall notify the applicant of the violation by submitting a statement invalidating the applicant’s State Officer Certification Examination (SOCE). The statement invalidating the applicant’s SOCE shall specify the basis for the Commission’s action and shall be forwarded to the applicant. The applicant shall be entitled to a hearing pursuant to the Administrative Procedures Act set forth in Chapter 120, F.S., and the Uniform Rules of Procedures, Chapter 28-106, F.A.C.

History

Rulemaking Authority 943.03(4), 943.12(1) FS. Law Implemented 120, 943.12(17) FS. History–New 1-10-94, Amended 7-7-99, 8-22-00, 7-29-01, 11-5-02.

Fla. Admin. Code R. 11B-30.011 Examination Scoring and Grade Notification

Individuals who graduate from a Commission-approved Basic Recruit Training Program shall be required to achieve a passing score on the State Officer Certification Examination (SOCE) with an overall scale score equal to or higher than the established cut-off score. Official examination results shall only be stored in, and retrieved from, the Commission’s Automated Training Management System (ATMS). The applicant shall receive an unofficial grade notification at the conclusion of the examination.

History

Rulemaking Authority 943.03(4), 943.12(1), (17) FS. Law Implemented 943.12(17), 943.1397(1) FS. History–New 1-10-94, Amended 1-2-97, 7-7-99, 7-29-01, 11-5-02, 11-30-04, 3-27-06, 3-21-07, 5-21-12, 5-29-14, 7-19-17.

Fla. Admin. Code R. 11B-30.012 Post Examination Review of Missed Questions, Answers, and Grading Key

(1) Individuals who have failed the State Officer Certification Examination (SOCE) shall have the right to review their missed examination questions and corresponding grading key at a post-examination review. The post-examination review shall be scheduled and conducted by Commission staff or their authorized agent. The post-examination review shall be limited to one-half the time regularly allowed for the corresponding SOCE. Individuals reviewing the SOCE shall schedule their review via the Commission’s test administration vendor.

(2) The SOCE post-examination reviews shall be conducted in the presence of Commission staff or the Commission’s authorized agents.

(3) Individuals shall review their SOCE grades within 120 calendar days of the individual’s SOCE date.

(a) Individuals who fail to attend a post-examination review session within 120 days of their SOCE shall not be allowed to challenge questions on the SOCE, but shall be allowed to review their missed questions, their chosen answer, and the correct answer. Participants in the post-examination review session shall be permitted to review only one examination during each session and shall only review each examination once. Individuals shall not be permitted to review their SOCE after the expiration of their examination eligibility pursuant to Rule 11B-30.006, F.A.C.

(b) All individuals at a post-examination review session shall acknowledge these rules and affirm to abide by all such rules for the SOCE.

(4) Individuals shall be prohibited from bringing materials into or removing materials from a post-examination review session, except that individuals shall be permitted to bring one copy of the official curriculum corresponding to the examination reviewed.

(5) The provisions and sanctions of Rule 11B-30.009, F.A.C., shall apply to individuals in a post-examination review session, and any individual who violates the standards in Rule 11B-30.009, F.A.C., shall be dismissed from the review session.

(6) Individuals submitting challenges to questions shall be notified in writing, within thirty working days of the post-examination review session of the Commission’s response to the challenges submitted during the post-examination review session. Submitted challenges shall not be processed should an individual retake and pass the examination before receiving the Commission’s response to the challenges submitted.

History

Rulemaking Authority 943.03(4), 943.12(1), (17) FS. Law Implemented 943.12(17), 943.173 FS. History–New 1-10-94, Amended 1-2-97, 7-7-99, 8-22-00, 7-29-01, 11-5-02, 11-30-04, 3-27-06, 3-21-07, 6-9-08, 5-21-12, 7-29-15, 9-4-16, 7-19-17, 8-15-18.

Fla. Admin. Code R. 11B-30.013 Challenge to Examination Results; Right of Hearing

Should the Commission deny an individual’s State Officer Certification Examination (SOCE) grade review challenge, the Commission shall notify the individual by submitting a statement denying the challenge. The statement shall specify the basis for the Commission’s denial and shall be forwarded to the individual. The individual shall be entitled to a hearing pursuant to the Administrative Procedures Act set forth in Chapter 120, F.S., and the Uniform Rules of Procedure, rule Chapter 28, F.A.C.

History

Rulemaking Authority 943.03(4), 943.12(1), (17) FS. Law Implemented 120, 943.12(17) FS. History‒New 1-10-94, Amended 1-2-97, 7-7-99, 8-22-00, 7-29-01, 5-21-12, 7-19-17.

Fla. Admin. Code R. 11B-30.014 Application-Based Officer Certification Examination

History

Rulemaking Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12(18), 943.173 FS. History–New 8-22-00, Repealed 7-29-01.

Chapter 11B-35 TRAINING PROGRAMS

Fla. Admin. Code R. 11B-35.001 General Training Programs; Requirements and Specifications

(1) Throughout this rule chapter “training programs,” “courses,” “instructors,” and “training schools” refer to Commission-approved training programs, courses, instructors, and training schools. Commission-approved Basic Recruit, Advanced, and Specialized Training Programs are intended to provide job-related training to law enforcement, correctional, and correctional probation officers. The training programs are:

(a) Basic Recruit Training Programs that provide for the acquisition of employment skills, necessary for officer certification and employment; and,

(b) Special Operations Forces Training Programs that provide training for special operations forces members seeking officer certification.

(c) Advanced Training Programs that maintain officer certification, enhance officer knowledge, skills, and abilities, and assist in an officer’s promotion to a higher rank.

(d) Specialized Training Programs that provide for officer post-basic or in-service training that enhance an officer’s knowledge, skills, and abilities in a specific area.

(2) Notification of scheduled courses. The training center director or designee shall notify the assigned local Commission field specialist of scheduled, rescheduled, or cancelled Commission-related training courses. This notification shall be at least 30 days in advance, or immediately upon scheduling, rescheduling, or cancellation of the course when under 30 days. Notification shall include at a minimum:

(a) Date(s) of course(s).

(b) Location of course(s).

(d) Time of course(s).

(3) Instructors who teach Commission-approved Basic Recruit, Advanced, Specialized, and Special Operations Forces Training Program Courses at a training school shall:

(a) Be a Commission-certified General Instructor pursuant to subsection 11B-20.001(3), F.A.C., or be exempt from certification pursuant to subsection 11B-20.001(4), F.A.C.

(b) Be required to hold additional certifications for specified areas of instruction in Commission courses pursuant to Rule 11B-20.0014, F.A.C. Commission-certified defensive tactics instructors who instruct defensive tactics courses on or after July 1, 2020, must have completed the Defensive Tactics Instructor Course, effective May 2, 2019, as a part of their initial defensive tactics instructor certification or have completed the Defensive Tactics Instructor Update Course effective April 1, 2018.

(c) Be required to hold additional certifications for specified areas of instruction in Commission-approved courses pursuant to Rule 11B-20.0014, F.A.C. Commission-certified handgun instructors who instruct Basic Recruit Firearms courses on or after July 1, 2023, must have completed the Handgun Instructor Course (formerly Firearms Instructor Course), effective July 1, 2023, as a part of their initial handgun instructor certification or have completed the Handgun Instructor Update Course, effective August 18, 2022. All Commission-certified handgun instructors must have completed the Handgun Instructor Course, effective July 1, 2023, as a part of their initial handgun instructor certification or have completed the Handgun Instructor Update Course, effective August 18, 2022, before June 30, 2024, or their handgun instructor certification will be deactivated.

(d) Be required to hold additional certifications for specified areas of instruction in Commission-approved courses pursuant to Rule 11B-20.0014, F.A.C. Commission-certified first aid instructors who instruct Basic Recruit First Aid courses on or after July 1, 2023, must have completed the First Aid Instructor Course, effective February 16, 2023, as a part of their initial first aid instructor certification or have completed the First Aid Instructor Update Course, effective August 18, 2022. All Commission-certified first aid instructors must have completed the First Aid Instructor Course, effective February 16, 2023, as a part of their initial first aid instructor certification or have completed the First Aid Instructor Update Course, effective August 18, 2022, before June 30, 2024, or their first aid instructor certification will be deactivated.

(e) Be required to hold additional certifications for specified areas of instruction in Commission-approved courses pursuant to Rule 11B-20.0014, F.A.C. Commission-certified patrol rifle instructors who instruct Patrol Rifle Operator courses or Patrol Rifle Instructor courses must be a Commission-certified handgun instructor and a Commission-certified patrol rifle instructor pursuant to Rule 11B-20.0014, F.A.C.

(f) Be required to hold additional certifications for specified areas of instruction in Commission-approved courses pursuant to Rule 11B-20.0014, F.A.C. Commission-certified shotgun instructors who instruct Shotgun Operator courses or Shotgun Instructor courses must be a Commission-certified handgun instructor and a Commission-certified shotgun instructor pursuant to Rule 11B-20.0014, F.A.C.

(4) Commission-approved training shall be made available to the following:

(a) Students who enroll in a Commission-approved Basic Recruit Training Program to become certified law enforcement, correctional, or correctional probation officers. Prior to enrolling in a Commission-approved Basic Recruit Training Program, students must comply with Section 943.13(2), F.S.

(b) Students who enroll in a Commission-approved Advanced or Specialized Training Program Course and are Commission-certified law enforcement, correctional, or correctional probation officers.

(c) Criminal justice officers and support personnel, defined in Section 943.10(11), F.S., are authorized to expend Officer Training Monies to attend Commission-approved Advanced and Specialized Training Program Courses delivered through a training school. The Commission has further authorized support personnel to attend training courses funded with Officer Training Monies, as defined in paragraph 11B-18.0053(3)(a), F.A.C.

(5) The training center director shall ensure that each student is provided with a copy of the Commission’s currently approved Basic Recruit Training Curriculum applicable to the student’s enrollment prior to or at the beginning of the program.

(6) Training center directors shall ensure that instuctors are delivering the current Commission-approved training programs in compliance with Commission rules.

(7) The Commission shall approve new and revised curricula in the CJSTC basic recruit, advanced, specialized training programs pursuant to Section 943.17, F.S., and the Special Operations Forces Training Program, pursuant to Section 943.131(3), F.S.

(8) The Commission shall publish on the Active CJSTC Curricula web page the official list of approved and active Commission courses and programs for Basic Recruit, Advanced, Specialized, and the Special Operations Forces Training Programs. The Active CJSTC Curricula web page can be accessed at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Curriculum/Active-Courses.aspx.

(9) Maintenance of training curricula.

(a) Training curricula shall be maintained for Commission approved Basic Recruit, Advanced, Specialized, and the Special Operations Forces Training Programs within the Florida Department of Law Enforcement.

(b) Upon approval of new or revised curricula, the Commission shall establish an effective date for implementation.

(c) A course description of approved new or revised curricula shall be published on the Active CJSTC Curricula web page within 10 days of Commission approval.

(d) Each course description shall include, at a minimum, the course code, name, hours, and effective date. Each basic recruit program description shall include, at a minimum, an outline of courses by name, course number, and hours.

(10) Student academic performance in courses.

(a) Each training center director shall make available to its students and Commission staff a written copy of its performance standards.

(b) The terms “successfully completed” and “successfully complete” are denoted with a “Pass” on the completed Training Report form CJSTC-67 and are defined as follows: A student enrolled in a Commission-approved Basic Recruit Training Program or a Special Operations Forces Training Program shall achieve a score of no less than 80% on each of the written end-of-course examinations, exclusive of demonstration of proficiency skills in the Basic Recruit Training Courses. A student enrolled in a Commission-approved Advanced or Specialized Training Program Course pursuant to paragraph (10)(d) of this rule section, shall achieve a score of no less than 80% on the written end-of-course examination. A student enrolled in a Specialized Instructor Training Course shall achieve a score of no less than 85% on the written end-of-course examination, exclusive of demonstration of any proficiency skills.

(c) The training center director or designee is responsible for the development, maintenance, and administration of comprehensive end-of-course examinations. The training center director or designee is authorized to develop, maintain, and administer additional academic tests for courses and is not limited to only the utilization of a comprehensive end-of-course examination. Training schools shall maintain examinations for Commission-approved Basic Recruit, Special Operations Forces, Advanced, Specialized Instructor Training, and Specialized Training Program Courses, pursuant to paragraph (10)(d) of this rule section, and in compliance with the administration, confidentiality, and security requirements of subsections 11B-35.0085(2)-(5), F.A.C.

(d) The Commission shall designate on the Active CJSTC Curricula web page the Specialized Instructor Courses and Specialized Training Program Courses that require an end-of-course examination.

(e) End-of-course examinations shall be developed and administered for each course in a basic recruit training program and the Special Operations Forces Training Programs based on the learning objectives in each course, with the exception of the physical fitness officer wellness courses, and proficiency demonstration courses, pursuant to subsection 11B-35.009(8), F.A.C.

(11) Reporting requirements for Commission-approved Basic Recruit, Advanced, Specialized, and Special Operations Forces Training Program Courses are as follows:

(a) The training center director or designee shall determine the beginning and ending dates of each Basic Recruit Training Program and Special Operations Forces Training Program, and within thirty days following the class starting date shall forward a Training Report, form CJSTC-67, revised August 14, 2025, effective 5/2026, hereby incorporated by reference http://flrules.org/Gateway/reference.asp?No=Ref-19475, to Commission staff through the Commission’s Automated Training Management System (ATMS). Form CJSTC-67 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

(b) Following the completion of a Commission-approved Basic Recruit Training Program, Advanced Training Program Course, Special Operations Forces Training Program, or Specialized Training Program Course outlined in subsection 11B-35.007(1), F.A.C., the training center director or designee shall, within thirty days of the program or course completion date, electronically transmit a completed Training Report form CJSTC-67, or transmit an updated CJSTC-67 form through the Commission’s ATMS. Submission of the Academy Physical Fitness Standards Report, form CJSTC-67A, revised August 15, 2024, effective 3/2025, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-17875, is required for Law Enforcement, Correctional Probation, and Correctional Basic Recruit Training Programs within thirty days of the course completion. Submission of form CJSTC-67A is not required for the Law Enforcement Auxiliary and Cross-Over Basic Recruit Training Programs. Form CJSTC-67A can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

(c) The training center director or designee shall ensure that the records for Commission-approved Basic Recruit, Advanced, Specialized, and Special Operations Forces Training Program Courses are maintained in the course file within the training school. Each course shall be subject to audit by Commission staff. Such records shall, at a minimum, include:

Course outline(s) and daily schedule(s).
Course(s) name and contact person.
Date(s) of course(s).
Full legal name of all attending students.
Test scores and test materials shall be made available for review by Commission staff upon request, pursuant to Rule 11B-35.0085, F.A.C.
The number of course electives for all courses delivered using Commission-approved Specialized Goals and Objectives.
Applicable proficiency checklists and performance reports.
List of course instructor(s) to include full name and a copy of the instructor’s current ATMS Global Profile Sheet filed alphabetically in a master file, or maintained in the course file, or completion of Instructor Exemption, form CJSTC-82, revised August 13, 2020, effective 5/2021, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-13140, if applicable. Form CJSTC-82 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.
Student daily attendance records, to include documentation of excused absences, pursuant to subsection (10) of this rule section
Documentation of student makeup work, pursuant to subsection (11) of this rule section.
Documentation on transfer students, pursuant to Rule 11B-35.0023, F.A.C.
Completed Training Report form CJSTC-67.
Form CJSTC-67A for Basic Recruit Training Programs pursuant to subsection 11B-35.001(13), F.A.C.
For Basic Recruit Training Programs, proof of compliance with Sections 943.13(2), 943.14(7) and 943.17(1)(g), F.S., and paragraph 11B-35.001(15)(b), F.A.C., which includes a completed Physician’s Assessment, form CJSTC-75, revised August 13, 2020, effective 5/2021, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-13139. Form CJSTC-75 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.
A training school re-examination policy and documented justification for each student re-examination administered.
A list of expenditures from the Criminal Justice Standards and Training Trust Fund Officer Training Monies for Commission-approved Advanced and Specialized Training Program Courses when Officer Training Monies are used to fund the course.

(12) Student attendance requirements for Commission-approved Basic Recruit Training Programs outlined in Rule 11B-35.002, F.A.C., Specialized Training Programs outlined in subsection 11B-35.007(1), F.A.C., and Advanced Training Program Courses outlined in subsection 11B-35.006(1), F.A.C., and the Special Operations Forces Training Program outlined in Rule 11B-35.009, F.A.C.

(a) The training center director or designee shall maintain daily student attendance records or login records or electronic records of participation for each training course. A training school shall have a written copy of its attendance policy available for review by students and Commission staff.

(b) Each student shall attend or login and complete all sessions of a training course except for absences approved by the training center director or designee. Documentation specifying the reason for the excused absence or non-completion of login activity or non-completion of student assignments shall be maintained in the course file at the training school. Students shall be responsible for class work missed during absences. The training center director or designee shall determine the content and quantity of makeup work. Documentation of the student’s make-up work shall be signed by the training center director or designee and maintained in the student or course file at the training school.

(c) Competency-Based Instruction. The Commission approves competency-based instruction in the delivery of basic recruit training programs, specialized training program courses, specialized instructor training courses, the Special Operations Forces Training Program, and courses created from specialized goals and objectives, defined in subparagraph (12)(c)1. of this rule section.

Competency-based instruction is defined as “curriculum that uses specific objectives and performance-based learning to achieve performance standards, in lieu of established contact hours” in a delivery format that ensures that the training school delivers all curriculum materials.
Training schools are permitted to use competency-based instruction for courses within the basic recruit training programs except for the physical fitness and officer wellness courses and within the Special Operations Forces Training Program. The delivery of basic recruit training programs and the Special Operations Forces Training Program shall adhere to total program hours.
Training schools are permitted to use eLearning instruction for Commission-approved Specialized Training Program Courses, Specialized Instructor Courses, and Specialized Goals and Objectives, pursuant to Rule 11B-35.0010, F.A.C.

(13) Student Re-examination Policy for Commission-approved Basic Recruit Training Program Courses.

(a) A student shall achieve a passing score, pursuant to subsection 11B-35.001(10), F.A.C., on all end-of-course examinations in a Commission-approved Basic Recruit Training Program or a Special Operations Forces Training Program to successfully complete a program. A student who has failed a written end-of-course examination may be granted a re-examination by the training center director if:

There is technical difficulty in the administration of the test.
A condition of the student adversely impacts the student’s ability to achieve a passing score on an end-of-course examination.
The end-of-course testing instrument is shown to be invalid.

(b) Exclusive of the Commission’s Basic Recruit Training Courses or the Special Operations Forces Training Program courses requiring proficiency demonstration and re-examinations in paragraph (13)(a) of this rule section, a student may be granted one written end-of-course re-examination during a single Basic Recruit Training Program or Special Operations Forces Training Program. Students, who have failed the written end-of-course examination after a second attempt shall be deemed to have failed the course.

(14) Student re-examination policy for Commission-approved Advanced and Specialized Training Program Courses. A student who has failed a written end-of-course examination in a Commission-approved Advanced or Specialized Training Program Course may be granted a re-examination of the course by the training center director as set forth in paragraph (13)(a) of this rule section. Each training school shall develop its own administrative procedures for processing a student’s request for a re-examination as set forth in subsection (11) of this rule section. Training school procedures for processing student requests for re-examination shall be documented and maintained on file at the training school for review by Commission staff and the student.

(15) Basic Recruit Student Physical Fitness Program.

(a) Commission-certified training schools are responsible for developing a physical fitness program and shall provide a copy to Commission staff. The physical fitness program shall be designed to improve the student’s overall physical fitness, improve the student’s performance on the second physical fitness test, and provide a foundation for lifelong fitness.

(b) Basic Recruit Student Physical Fitness Test and Chemical Agent Exposure. Prior to beginning a Basic Recruit Training Program, a student shall receive a physical examination and complete the Physical’s Assessment, form CJSTC-75, which shall be maintained in the student or course file at the training school. A physical examination is not required for crossover basic recruit training programs.

(c) A student shall complete the physical fitness program to successfully complete a Commission-approved Basic Recruit Training Program. The student shall complete the physical fitness test within the first two weeks of beginning a basic recruit training program and complete a second physical fitness test within the final two weeks of a basic recruit training program. The physical fitness tests are not required for crossover or auxiliary basic recruit training programs.

(16) Proof of course completion. A training school shall, within thirty days following the completion of a Commission-approved Basic Recruit, Advanced, Specialized, or Special Operations Forces Training Program Course, provide to a student who has successfully completed the program, a certificate, which shall contain at a minimum, the name of the training school, the student’s name, the dates of the program or course, the number of program or course hours, the title of the Basic Recruit, Advanced, Specialized, or Special Operations Forces Training Program Course, and the current training center director’s signature. Basic Recruit Training Completion Certificates shall contain the Curriculum Version Number for the course taught. The training school shall provide to a student who has successfully completed a Commission-approved Basic Recruit Training Program, and the student shall be required to pass the State Officer Certification Examination.

History

Rulemaking Authority 943.03(4), 943.12(1), (2), 943.17 FS. Law Implemented 943.12, 943.17 FS. History–New 12-13-92, Amended 8-7-94, 1-2-97, 7-7-99, 8-22-00, 7-29-01, 11-5-02, 11-30-04, 3-27-06, 3-21-07, 6-9-08, 9-28-09, 6-3-10, 5-21-12, 3-13-13, 5-29-14, 7-29-15, 9-4-16, 7-19-17, 8-15-18, 7-9-19, 5-5-20, 5-20-21, 8-30-23, 6-20-24, 4-9-25, 6-4-26.

Fla. Admin. Code R. 11B-35.0010 eLearning Instruction

(1) Training schools are permitted to use eLearning instruction for Commission-approved Specialized Training Program Courses, Specialized Instructor Courses, and courses created from Specialized Goals and Objectives.

(2) eLearning Instruction is defined as a broad set of applications and processes that are facilitated and supported by information and communications technology (ICT) that includes, but are not limited to web-based learning, computer-based learning, virtual classrooms, digital media, internet learning, intranet learning, satellite broadcast, interactive TV, and CD-ROM.

(3) Specialized Training Program Courses, Specialized Instructor Courses, and courses created from Specialized Goals and Objectives shall receive full credit for the number of Officer Training Units (OTU) established for delivery of a course. “Officer Training Unit” is defined as “the number of seat hours determined to deliver a course through classroom instruction.”

(4) Training schools are permitted to expend Criminal Justice Standards and Training Trust Fund Officer Training Monies for conducting eLearning instruction for Commission-approved Specialized Training Program Courses, Specialized Instructor Courses, and courses created from Specialized Goals and Objectives, provided the courses are delivered using a learning management system and are instructor led, and the courses meet minimum standards pursuant to paragraph (4)(b) of this rule section. Officer Training monies shall be expended pursuant to the requirements of rule Chapter 11B-18, F.A.C.

(a) “Learning Management System” (LMS) is defined as a web-based software application for the administration, documentation, tracking, and reporting of training programs, classroom and online events, eLearning programs, and training content. The LMS shall facilitate:

Management of users, roles, courses, and instructors.
Manager approval.
Student messaging and notifications.
Assembly and delivery of learning resources utilizing the Shareable Content Object Reference Model (SCORM).
Navigation of course sequence.
Collaborative learning (e.g., application sharing, discussion threads).
On-line assessment.
Display of scores and transcripts.
Grading of coursework and roster processing.
Collection and preservation of student activity and performance data.
Web-based or blended course delivery (web-based and classroom combined) accessible via internet enabled computing and/or mobile platforms.

(b) eLearning courses shall conform to the minimum standards and criteria established and documented on the eLearning Course Minimum Standards, Form CJSTC-18, Commission-approved December 16, 2010, (effective 3/2013), hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-02326, prior to delivery of the course and maintained in the course file. An electronic copy of the corresponding course shall be maintained for a minimum of five years, and upon request shall be made available for review by Commission staff. Form CJSTC-18 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

History

Rulemaking Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.175, 943.25 FS. History–New 3-13-13, Amended 7-19-17.

Fla. Admin. Code R. 11B-35.0011 Basic Abilities Test Requirements for Applicant Admission into a Law Enforcement and Correctional Basic Recruit Training Program

(1) Basic Abilities Test. To comply with Section 943.17(1)(g), F.S., applicants who apply for entry into a Commission-approved Basic Recruit Training Program after January 1, 2002, shall obtain a passing score on a Commission-approved Basic Abilities Test (BAT) for the law enforcement or correctional disciplines, prior to entering a program. However, a person is not required to take the BAT before entering a law enforcement officer Basic Recruit Training Program if he or she is a veteran as defined in Section 1.01 (14), F.S., or holds an associate degree or higher from an accredited college or university if applying on or after July 1, 2022. The BAT shall be administered in the State of Florida.

(a) The applicant shall not take the BAT more than three total times in each discipline during any twelve-month period. Any subsequent results on the provider’s test in each discipline within this period will be invalid.

(b) BAT providers shall restrict access to the BAT to those applicants who produce valid photo identification. Providers shall validate the name, date of birth, gender, and social security number of each applicant to ensure that the information given by the applicant is consistent with the applicant’s driver license and social security record.

(c) The applicant shall not engage in conduct that subverts or attempts to subvert the BAT process. Conduct that subverts or attempts to subvert the BAT process includes:

Removing BAT materials from the examination room.
Reproducing or reconstructing any portion of the BAT.
Aiding by any means in the reproduction of any portion of the BAT.
Selling, distributing, buying, receiving, or having unauthorized possession of any portion of a past, current, or future BAT.
Revealing test questions or other information that would compromise the integrity of the BAT.
Possession of altered BAT official documents including student performance reports.

(d) The applicant shall not violate the standards of the BAT test administration. Violations of test administration include:

Communication with any other applicant during the administration of the BAT.
Copying answers from another applicant or intentionally allowing one’s answers to be copied by another applicant during the administration of the BAT.
Having in one’s possession during the administration of the BAT, any books, notes, written, or printed materials or data of any kind.
Failing to comply with the BAT administrator’s instructions.

(e) The applicant shall not violate the applicant identification process. Conduct that violates the applicant identification process is as follows:

Falsifying or misrepresenting information required for admission to the BAT.
Impersonating an applicant.
Having an impersonator take the BAT on one’s behalf.
Disrupting the test administration.

(f) Any violation of the provisions of this rule section shall be documented in writing and submitted to Commission staff within seven days to the Florida Department of Law Enforcement, Criminal Justice Professionalism Program, Post Office Box 1489, Tallahassee, Florida 32302.

(g) When the Commission finds that an applicant has committed an act that violates paragraphs (1)(c)-(e) of this rule section, the Commission shall impose one or more of the following sanctions:

Declare the applicant has failed the BAT;
Require the applicant to forfeit the application fee;
Declare the applicant ineligible to apply to take the BAT in any discipline for a period of five years;
Deny certification by the Commission pursuant to Rule 11B-27.007, F.A.C.;
Take action against any currently held Commission certification pursuant to Rule 11B-27.0011, and subsection 11B-27.005(5), F.A.C.

(h) A passing score on a Commission-approved Basic Abilities Test is valid four years from the date of the test.

(2) Requests for accommodations pursuant to the American with Disabilities Act shall be governed by subsection 11B-30.0071(4), F.A.C. Determinations as to eligibility for accommodations shall be made by the BAT provider on a case-by-case basis.

(3) Refunds for the BAT shall not be provided should an individual take the BAT that was exempt pursuant to Rule 11B-35.0011(1), F.A.C.

History

Rulemaking Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.17 FS. History–New 7-29-01, Amended 11-5-02, 11-30-04, 3-21-07, 6-9-08, 5-21-12, 3-13-13, 5-29-14, 9-4-16, 8-15-18, 5-5-20, 8-30-23.

Fla. Admin. Code R. 11B-35.002 Basic Recruit Training Programs for Law Enforcement, Correctional, and Correctional Probation

(1) There are established by the Criminal Justice Standards and Training Commission, Basic Recruit Training Programs (BRTP) that provide the minimum required knowledge and proficiency skills necessary for officer employment and certification pursuant to Sections 943.10(1)-(3), (6)-(9), (18), (19), F.S. Individuals who apply for employment as a Florida law enforcement, correctional, or correctional probation officer, shall successfully complete one of the Commission-approved Basic Recruit Training Programs active at the time of enrollment, or be exempt pursuant to Section 943.131(2), F.S.

(2) Individuals who are requesting employment as an officer, and have not had previous basic recruit training or have not been certified as an officer in the discipline for which certification is sought, and have met the requirements of Sections 943.13(1)-(8) and (11), 943.14(7), and 943.17(1)(g), F.S., shall successfully complete an active Commission-approved Basic Recruit Training Program pursuant to this rule section.

(3) The Commission has established basic recruit crossover training programs to provide lateral movement of officers between criminal justice disciplines. Officers requesting crossover training in another discipline must comply with Sections 943.14(7) and 943.17(1)(g), F.S.

(a) To be eligible to attend a crossover training program the applicant shall:

Be an active certified officer in the discipline the officer is moving from; or
Have not been separated from employment in the discipline the officer is moving from for more than four years; or
Within four years of the beginning date of the Commission-approved Basic Recruit Training Program or training required pursuant to subsection 11B-35.009(7) or (8), F.A.C., for the discipline the officer is moving from, have successfully completed the Commission-approved Basic Recruit Training Program or training required pursuant to subsection 11B-35.009(7) or (8), F.A.C., passed the State Officer Certification Examination (SOCE), and started the basic recruit crossover training program.

(4) Each training school that offers a Commission-approved Basic Recruit Training Program, pursuant to this rule section, shall deliver all course materials included in the program. Delivery of the course materials shall comply with the requirements set forth in the Commission’s approved Basic Recruit Training Curriculum.

(5) A basic recruit student shall successfully complete all courses in a Commission-approved Basic Recruit Training Program for the discipline in which certification is being requested to be eligible to take the applicable State Officer Certification Examination pursuant to Rule 11B-30.0062, F.A.C.

(6)(a) Within four years of the beginning date of a Commission-approved Basic Recruit Training Program, an individual shall successfully complete the program, achieve a passing score on the applicable State Officer Certification Examination (SOCE) pursuant to Rule 11B-30.0062, F.A.C., and gain employment and certification as an officer.

(b) An individual who fails to comply with the requirements in paragraph (6)(a) of this rule section, for the discipline in which the training was completed, within four years of the date of beginning such training, shall as a condition for obtaining employment comply with the following:

Successfully complete the applicable Commission-approved Basic Recruit Training Program pursuant to Rule 11B-35.002, F.A.C.; and
Achieve a passing score on the applicable State Officer Certification Examination pursuant to Rule 11B-30.0062, F.A.C.

(c) Students who entered into a basic recruit training program and have not completed it at the time that it is retired, remain eligible to complete the program, provided they complete the training within four years of the beginning date, pursuant to this rule section. Retired programs eligible for completion are:

Florida Law Enforcement Academy Basic Recruit Training Program number 2000 (Retired June 30, 2021). Eligible until June 30, 2025.
Law Enforcement Auxiliary Officer Basic Recruit Training Program number 3006 (Retired June 30, 2021). Eligible until June 30, 2025.
Florida Correctional Probation Officer Basic Recruit Training Program number 3000, (Retired June 30, 2021). Eligible until June 30, 2025.
Correctional Officer Cross-Over Training to Florida Law Enforcement Academy number 3002 (Retired June 30, 2021). Eligible until June 30, 2025.
Correctional Officer Cross-over Training to Correctional Probation Officer Training number 3003 (Retired June 30, 2021). Eligible until June 30, 2025.
Correctional Probation Officer Cross-Over Training to Florida Law Enforcement Academy number 3005 (Retired June 30, 2021). Eligible until June 30, 2025.
Law Enforcement Basic Recruit Training for Special Operations Forces Recruits Program number 3007 (Retired June 30, 2021). Eligible until June 30, 2025.
Correctional Probation Basic Recruit Training for Special Operations Forces Recruits Program number 3009 (Retired June 30, 2021). Eligible until June 30, 2025.

History

Rulemaking Authority 943.03(4), 943.12(1), (2), 943.17 FS. Law Implemented 943.12, 943.17 FS. History–New 12-13-92, Amended 1-10-94, 8-7-94, 1-2-97, 7-7-99, 8-22-00, 7-29-01, 11-5-02, 11-30-04, 3-27-06, 3-21-07, 6-9-08, 9-28-09, 5-21-12, 3-13-13, 5-29-14, 7-29-15, 9-4-16, 7-19-17, 8-15-18, 5-5-20, 5-20-21, 6-23-22.

Fla. Admin. Code R. 11B-35.0021 Courses and Requirements for Basic Recruit Training, Advanced, Specialized, and Instructor Training Requiring Proficiency Demonstration

(1) High-Liability Basic Recruit Training Program Courses:

(a) Criminal Justice Firearms.

(b) Law Enforcement Vehicle Operations.

(d) First Aid for Criminal Justice Officers.

(2) DUI Traffic Stops.

(3) High-Liability Instructor Training Courses:

(a) Handgun Instructor Course, number 801.

(b) Vehicle Operations Instructor Course, number 800.

(d) First Aid Instructor Course, number 1114.

(e) Patrol Rifle Instructor Course, number 3024.

(f) Shotgun Instructor Course, number 3025.

(4) Specialized Instructor Training Courses:

(a) Speed Measurement Instructor Course, number 1159.

(b) Breath Test Instructor Course, number 1110.

(d) Breath Test Instructor Renewal Course, number 1111.

(e) Breath Test Instructor Renewal Course-Intoxilyzer 9000, number 1118.

(f) Canine Team Training Instructor Course, number 1199.

(5) Advanced Training Program Courses:

(a) Speed Measurement Course, number 1158.

(b) Underwater Police Science and Technology course, number 077.

(6) Specialized Training Program Course: Canine Team Training Course, number 1198.

(7) Applicants shall complete the training requirements set forth in subsections 11B-20.0014(2)-(3), F.A.C., to become certified by the Commission to instruct in the topics of handgun, patrol rifle, shotgun, vehicle operations, defensive tactics, first aid, speed measurement, canine, diving, and breath test.

(8) Instructor to student ratios for instruction of proficiency skills in High-Liability Basic Recruit Training Program Courses, DUI Traffic Stops, High-Liability Instructor training Courses, Specialized Instructor Courses, Advanced Training Program Courses, and Specialized Training Program Courses requiring proficiency demonstration.

(a) For instruction of the Criminal Justice Firearms Course and Handgun Instructor Course, Single Officer Response to Active Threat and Shooter Incidents Course, Single Officer Response to Active Threat and Shooter Incidents Instructor Course, Patrol Rifle Operator Course, Patrol Rifle Instructor Course, Shotgun Operator Course, and Shotgun Instructor Course, there shall be no more than six students actively engaged on a firearms range for each Commission-certified handgun, rifle, or shotgun instructor, as appropriate. While training is actively engaged, one rangemaster shall supervise all range activity and shall not be included as an instructor to comply with the instructor to student ratio requirements. Actively engaged is defined as “a student on the firing range handling a weapon.” For the Criminal Justice Firearms Course, Handgun Instructor Course, Single Officer Response to Active Threat and Shooter Incidents Course, or Single Officer Response to Active Threat and Shooter Incidents Instructor Course, the rangemaster shall be a Commission-certified handgun instructor. . For the Patrol Rifle Operator Course and Patrol Rifle Instructor Course, the rangemaster shall be a Commission-certified patrol rifle instructor. For the Shotgun Operator Course and Shotgun Instructor Course, the rangemaster shall be a Commission-certified shotgun instructor.

(b) For instruction of the Law Enforcement Vehicle Operations Course or Vehicle Operations Instructor Course, there shall be at least one Commission-certified vehicle operations instructor for each vehicle actively engaged on a driving range. One rangemaster shall supervise all range activity while training is actively engaged. Actively engaged is defined as “a vehicle that is at the point between the start and end of an exercise.” Returning from or being en route to a driving range or course shall not be considered as actively engaged. The rangemaster shall be a Commission-certified vehicle operations instructor and shall not be included as an instructor to comply with the instructor to vehicle ratio requirements.

(c) For instruction of the Criminal Justice Defensive Tactics Course or Defensive Tactics Instructor Course, there shall be one lead defensive tactics instructor that shall be counted in the instructor to student ratio of one Commission-certified defensive tactics instructor for every eight students actively engaged in defensive tactics. Actively engaged is defined as “a student engaged in the practical performance of any one of the approved defensive tactics techniques.”

(d) For instruction of the First Aid for Criminal Justice Officers Course and First Aid Instructor Course, at least one Commission-certified First Aid Instructor shall be required for every ten students actively engaged in the practical and performance areas of the training. Actively engaged is defined as “a student involved in the practical performance of any first aid skills training.” CPR instructors, who possess an active CPR instructor certification from the American Heart Association (AHA), American Red Cross (ARC), American Safety & Health Institute (ASHI), or other entity referenced in Rule 64J-1.022, F.A.C., are permitted to instruct CPR only in the First Aid for Criminal Justice Officers Course and may be used to meet the required instructor to student ratio for demonstration of CPR proficiency skills only in the First Aid for Criminal Justice Officers Course. A copy of the Instructor Exemption Application form CJSTC-82 and a copy of the CPR instructor’s active CPR Instructor Certification shall be maintained in the course file. Form CJSTC-82 can be obtained at by contacting Commission staff at (850)410-8615 or at the following FDLE Internet address http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx.

(e) For instruction of the Speed Measurement Course or the Speed Measurement Instructor Course, there shall be one Commission-certified Speed Measurement Instructor for each class. Speed Measurement Device Operators are authorized to instruct the practical exercises in the Speed Measurement Course or the Speed Measurement Instructor Course under the supervision of a certified Speed Measurement Instructor. A copy of the Instructor Exemption form CJSTC-82 shall be maintained in the course file.

(f) For instruction of the Breath Test Instructor Course, there shall be at least one Commission-certified Breath Test Instructor, who shall also be Alcohol Testing Program staff, for each class. An individual, who has a professional or technical certification or three years of experience in the specified subject matter to be instructed, shall be authorized to instruct the relevant topic under the supervision of the FDLE Alcohol Testing Program Commission-certified instructor. A copy of the Instructor Exemption form CJSTC-82 shall be maintained in the course file.

(g) For instruction of the Breath Test Instructor Renewal Course, there shall be at least one Commission-certified Breath Test Instructor, who shall also be Alcohol Testing Program staff, for each class. An individual, who has a professional or technical certification or three years of experience in the specified subject matter to be instructed, shall be authorized to instruct the relevant topic under the supervision of the Commission-certified Breath Test Instructor. A copy of the Instructor Exemption form CJSTC-82 shall be maintained in the course file.

(h) For instruction of the Underwater Police Science and Technology course, there shall be at least one Commission-certified Criminal Justice Diving Instructor for each eight students actively engaged in water activities. Training centers are permitted to use qualified safety divers in assisting the instructor with water exercises. For each qualified safety diver, two additional students are permitted to actively engage in water activities. A maximum of two qualified safety divers are permitted per instructor. Qualified safety divers shall not be enrolled as students in the course in which they are assisting and shall not be included as an instructor to comply with the instructor to student ratio requirements. Actively engaged is defined as “a student in the water participating in the practical performance of any dive activities.” Qualified safety diver is defined as “an individual who possesses a current Advanced Open Water Dive Certification, is an active or former member of a criminal justice dive team, and is approved by the training center director or designee to assist the instructor with water exercises.” A copy of the Instructor Exemption form CJSTC-82 shall be maintained in the course file.

(i) For instruction of the Canine Team Training Course number 1198, there shall be at least one Commission-certified instructor for eight student canine teams while actively engaged in canine team activities. Individuals with three years of documented experience working with canines and approved by the training center director or designee are allowed to assist the instructor during practical exercises and shall not be included as an instructor to comply with the instructor to student ratio requirements. Actively engaged is defined as a student canine team actively working and performing practical exercises. A copy of the Instructor Exemption form CJSTC-82 shall be maintained in the course file.

(j) For instruction of the Canine Team Training Instructor Course number 1199, there shall be at least one Commission-certified instructor for eight student canine teams while actively engaged in canine team activities. Individuals approved by the training center director or designee are allowed to assist the instructor during practical exercises and shall not be included as an instructor to comply with the instructor to student ratio requirements. Actively engaged is defined as a student canine team actively working and performing practical exercises. A copy of the Instructor Exemption form CJSTC-82 shall be maintained in the course file.

History

Rulemaking Authority 943.03(4), 943.12(1), (2), 943.14(3), 943.17 FS. Law Implemented 943.12(5), 943.17 FS. History–New 12-13-92, Amended 1-2-97, 7-7-99, 8-22-00, 7-29-01, 11-5-02, 11-30-04, 3-21-07, 6-9-08, 9-28-09, 3-13-13, 5-29-14, 7-29-15, 9-4-16, 7-19-17, 6-20-24, 4-9-25.

Fla. Admin. Code R. 11B-35.0022 Basic Recruit Training Programs for Student Performance in Comprehensive End-of-Course Examinations

History

Rulemaking Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.12, 943.17, 943.25(5) FS. History–New 12-13-92, Amended 8-7-94, 1-2-97, 7-7-99, 8-22-00, 7-29-01, Repealed 11-5-02.

Fla. Admin. Code R. 11B-35.0023 Student Transfers within Basic Recruit Training Programs

(1) Pursuant to subsection 11B-35.002(1), F.A.C., Commission-approved Basic Recruit Training Programs shall be offered only at training schools certified by the Criminal Justice Standards and Training Commission for the respective discipline.

(2) A student may transfer courses from a Commission-approved Basic Recruit Training Program to another training school, for the same training program, provided:

(a) The courses have been successfully completed four years from the beginning date of the Commission-approved Basic Recruit Training Program; and,

(b) The student has not been dismissed from the previous training school; and,

(c) Verification has been made by reviewing the student’s grade on the ATMS Global Profile Sheet or other documentation provided by the school where the courses were completed.

(d) Basic recruit training courses requiring proficiency demonstrations that were successfully completed shall be transferable. Demonstration of proficiency skills required by the rule at the time of the requested transfer shall be met by the student. The training center director or designee shall evaluate the student’s completed performance evaluation form(s) and ensure the student meets the current proficiency standards. Demonstration of the new skills shall be documented on the applicable performance evaluation form pursuant to Rule 11B-35.0024, F.A.C.

(3) A student may transfer Commission-approved Basic Recruit Training High Liability Courses, pursuant to subsection 11B-35.0021(1), F.A.C., completed in one Basic Recruit Training Program to another Basic Recruit Training Program provided:

(a) The courses have been successfully completed within four years from the beginning date of the Commission-approved Basic Recruit Training Program; and,

(b) The student has not been dismissed for disciplinary reasons from the previous Commission-approved Basic Recruit Training Program; and,

(c) Verification has been made by reviewing the student’s grade on the ATMS Global Profile Sheet or other documentation provided by the school where the courses were completed.

(d) Demonstration of proficiency skills required by the rule at the time of the requested transfer shall be met by the student. The training center director or designee shall evaluate the student’s completed performance evaluation form(s) and ensure the student meets the current proficiency standards. Demonstration of the new skills shall be documented on the applicable performance evaluation form pursuant to Section 11B-35.0024, F.A.C.

(4) Both the transferring student and the receiving training school shall request the transferring training school to complete and submit the appropriate student records. Upon receipt of such request, the transferring training school is responsible for submitting the transferring student’s records to the receiving training school.

(5) When a student has successfully completed courses included in a Commission-approved Basic Recruit Training Program at two or more training schools, and has met all requirements for completion of the program, set forth in the requirements of this rule section, the training school where the student has successfully completed the greatest number of courses in that program, shall upon receipt of the student records from the other training school(s), submit a Training Report form CJSTC-67 to Commission staff. The training school submitting form CJSTC-67, may require the student to demonstrate the required proficiency skills not completed at that school, pursuant to subsection 11B-35.0024(1), F.A.C. The training school submitting form CJSTC-67 shall provide the student with written evidence of the student’s successful completion of the Basic Recruit Training Program.

(6) Nothing in this rule section shall be construed to prevent a training school from admitting a student for the limited purpose of completing a course(s) required for completion of a Commission-approved Basic Recruit Training Program at another training school where the student is enrolled.

History

Rulemaking Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.17 FS. History–New 12-13-92, Amended 1-2-97, 7-7-99, 8-22-00, 7-29-01, 11-5-02, 11-30-04, 6-9-08, 9-28-09, 3-13-13, 7-19-17.

Fla. Admin. Code R. 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

(1) Students enrolled in a Commission-approved Basic Recruit Training Program, Instructor Training Courses, or Specialized or Advanced Training Course shall qualify through demonstration of proficiency skill(s) in the applicable course(s) and pass a written end-of-course examination.

(2)(a) A basic recruit student shall be given the opportunity for one additional attempt at the required demonstration of proficiency skill(s), or one re-examination of required written end-of-course examination in DUI Traffic Stops and each of the four high-liability topics of firearms, vehicle operations, defensive tactics, and first aid. A basic recruit student, who has failed to pass the written end-of-course examination or the required demonstration of the proficiency skill(s) after a second attempt, shall be deemed to have failed the training course.

(b) An instructor student shall pass a written end-of-course examination and demonstrate proficiency skill(s) during the first attempt. An instructor student, who has failed to pass the written end-of-course examination or successfully demonstrate the proficiency skill(s) during the first attempt, shall be deemed to have failed the instructor training course. An instructor student who has failed a written end-of-course examination or the proficiency skills(s) during the first attempt, shall be granted a re-examination by the training center director if:

There is technical difficulty in the administration of the test, such as a power failure or evacuation of the building; or
A condition of the student adversely impacts the student’s ability to achieve a passing score on an end-of-course examination. A condition of the student that adversely impacts the student’s ability could include illness or death of a family member; or
The end-of-course testing instrument is determined to be invalid by the training school.

(3) Successful completion and demonstration of proficiency skills is required for each of the following high-liability courses: Criminal Justice Defensive Tactics Course, Defensive Tactics Instructor Course, Criminal Justice Firearms Course, Handgun Instructor Course, Patrol Rifle Instructor Course, Shotgun Instructor Course, Law Enforcement Vehicle Operations Course, Vehicle Operations Instructor Course, First Aid for Criminal Justice Officers Course, and First Aid Instructor Course.

(a) Criminal Justice Defensive Tactics Course.

The Criminal Justice Defensive Tactics Course shall be delivered to students enrolled in a Commission-approved Basic Recruit Training Program.
A basic recruit student shall achieve a score of no less than 80% on the required written end-of-course examination and demonstrate at 100% proficiency, defensive tactics skills taught by a training school, with the results recorded on the required Defensive Tactics Performance Evaluation, form CJSTC-6, revised August 18, 2022, effective 8/2023, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-15513. Form CJSTC-6 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615. Form CJSTC-6 shall be maintained in the student or course file.
A basic recruit student shall be subject to chemical agent contamination as described in the Criminal Justice Defensive Tactics Course. Prior to beginning a Law Enforcement, Correctional, or Correctional Probation Basic Recruit Training Program, a student shall complete the Physical’s Assessment, form CJSTC-75. This form verifies that there are no known medical conditions that would prevent a student from participating in chemical agent contamination.

(b) Defensive Tactics Instructor Course.

An instructor student shall complete the Defensive Tactics Instructor requirements pursuant to Rule 11B-20.0014, F.A.C., to instruct the following courses: The Criminal Justice Defensive Tactics Course in a Commission-approved Basic Recruit Training Program, Advanced Defensive Tactics Course, or Defensive Tactics Instructor Course.
A defensive tactics instructor student shall achieve a score of no less than 85% on the required written end-of-course examination and demonstrate all Defensive Tactics High-Liability Proficiency Skills, at 100% for all proficiency skills, with the results recorded on the required CJSTC-6 form. A copy of the completed form CJSTC-6 shall be provided to the student and the original form CJSTC-6 shall be maintained in the student or course file.

The Criminal Justice Firearms Course shall be delivered to students enrolled in a Commission-approved Basic Recruit Training Program.
A basic recruit student shall achieve a score of 80% on the required written end-of-course examination and demonstrate the required Handgun Proficiency Skills with a semi-automatic pistol. The results shall be recorded on the required Handgun Performance Evaluation form CJSTC-4, revised August 15, 2024, effective 3/2025, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-17876. Form CJSTC-4 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615. Form CJSTC-4 shall be maintained in the student or course file.

(d) Handgun Instructor Course.

An instructor student shall complete the Handgun Instructor requirements pursuant to Rule 11B-20.0014, F.A.C., to instruct the following courses: The Criminal Justice Firearms Course in a Commission-approved Basic Recruit Training Program, Single Officer Response to Active Threat and Shooter Incidents Course, Single Officer Response to Active Threat and Shooter Incidents Instructor Course, Patrol Rifle Operator Course, Patrol Rifle Instructor Course, Shotgun Operator Course, Shotgun Instructor Course, or Handgun Instructor Course.
A handgun instructor student shall achieve a score of no less than 85% on the required written end-of-course examination and demonstrate the required Handgun Proficiency Skills with a semi-automatic pistol. The results shall be recorded on the required Handgun Instructor Performance Evaluation form CJSTC-4H, revised August 15, 2024, effective 3/2025, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-17877. Form CJSTC-4H can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615. A copy of the completed form CJSTC-4H shall be provided to the student and the original form CJSTC-4H shall be maintained in the student or course file.

(e) First Aid for Criminal Justice Officers Course.

The First Aid for Criminal Justice Officers Course shall be delivered to students enrolled in a Commission-approved Basic Recruit Training Program.
A basic recruit student shall achieve a score of no less than 80% on the required written end-of-course examination and demonstrate the required First Aid High-Liability Proficiency Skills at 100%, with the results recorded on the required First Aid Performance Evaluation, form CJSTC-5, revised August 14, 2025, effective 5/2026, hereby incorporated by reference http://flrules.org/Gateway/reference.asp?No=Ref-19476. Form CJSTC-5 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615. Form CJSTC-5 shall be maintained in the student or course file.

(f) First Aid Instructor Course.

An instructor student shall complete the First Aid Instructor Course pursuant to Rule 11B-20.0014, F.A.C., to instruct the following courses: The First Aid for Criminal Justice Officers Course in a Commission-approved Basic Recruit Training Program or the First Aid Instructor Course.
An instructor student shall achieve a score of no less than 85% on the required written end-of-course examination and demonstrate the required First Aid High-Liability Proficiency Skills, at 100% for all proficiency skills, with the results recorded on the required CJSTC-5 form. A copy of the completed form CJSTC-5 shall be provided to the student and the original form CJSTC-5 shall be maintained in the student or course file.

(g) Law Enforcement Vehicle Operations Course.

The Law Enforcement Vehicle Operations Course shall be delivered to students enrolled in a Commission-approved Basic Recruit Training Program.
A basic recruit student shall achieve a score of no less than 80% on the required written end-of-course examination and demonstrate the required Vehicle Operations High-Liability Proficiency Skills, with four out of five runs (80%) for each exercise, with the results recorded on the required Vehicle Operations Performance Evaluation, form CJSTC-7, revised August 18, 2022, effective 8/2023, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-15514. Form CJSTC-7 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615. Form CJSTC-7 shall be maintained in the student or course file.

(h) Vehicle Operations Instructor Course.

An instructor student shall complete the Vehicle Operations Instructor requirements pursuant to Rule 11B-20.0014, F.A.C., to instruct the following courses: The Law Enforcement Vehicle Operations Course in a Commission-approved Basic Recruit Training Program or the Vehicle Operations Instructor Course.
An instructor student shall achieve a score of no less than 85% on the required written end-of-course examination and demonstrate the required Vehicle Operations High-Liability Proficiency Skills, with four out of five runs (80%) for each exercise, with the results recorded on the required CJSTC-7 form. A copy of the completed form CJSTC-7 shall be provided to the student and the original form CJSTC-7 shall be maintained in the student or course file.

(i) Patrol Rifle Instructor Course.

An instructor student shall complete the Patrol Rifle Instructor requirements pursuant to Rule 11B-20.0014, F.A.C., to instruct the following courses: Patrol Rifle Operator Course or Patrol Rifle Instructor Course.
A patrol rifle instructor student shall achieve a score of no less than 85% on the required written end-of-course examination and demonstrate the required Rifle Proficiency Skills with a patrol rifle. The results shall be recorded on the required Patrol Rifle Instructor Performance Evaluation, form CJSTC-4R, created August 15, 2024, effective 3/2025, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-17878. Form CJSTC-4R can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615. A copy of the completed form CJSTC-4R shall be provided to the student and the original form CJSTC-4R shall be maintained in the student or course file.

(j) Shotgun Instructor Course.

An instructor student shall complete the Shotgun Instructor requirements pursuant to Rule 11B-20.0014, F.A.C., to instruct the following courses: Shotgun Operator Course or Shotgun Instructor Course.
A shotgun instructor student shall achieve a score of no less than 85% on the required written end-of-course examination and demonstrate the required Shotgun Proficiency Skills with a shotgun. The results shall be recorded on the required Shotgun Instructor Performance Evaluation, form CJSTC-4S, created August 15, 2024, effective 3/2025, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-17879. Form CJSTC-4S can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615. A copy of the completed form CJSTC-4S shall be provided to the student and the original form CJSTC-4S shall be maintained in the student or course file.

(4) Successful completion and demonstration of proficiency skills is required for each of the following basic recruit, advanced, specialized instructor, or specialized training program courses: DUI Traffic Stops, Speed Measurement Course, Speed Measurement Instructor Course, Breath Test Instructor Course, Breath Test Instructor Renewal Course, Breath Test Instructor Course-Intoxilyzer 9000, Breath Test Instructor Renewal Course-Intoxilyzer 9000, Breath Test Operator Course, Breath Test Operator Renewal Course, Breath Test Operator Course-Intoxilyzer 9000, Breath Test Operator Renewal Course-Intoxilyzer 9000, Agency Inspector Course, Agency Inspector Renewal Course, Agency Inspector Course-Intoxilyzer 9000, Agency Inspector Renewal Course-Intoxilyzer 9000, Underwater Police Science and Technology course, Canine Team Training Course, and Canine Team Training Instructor Course.

(a) DUI Traffic Stops Course.

The DUI Traffic Stops Course shall be delivered to students enrolled in a Commission-approved Law Enforcement Basic Recruit Training Program.
A basic recruit student shall achieve a score of no less than 80% on the required written end-of-course examination and demonstrate the required DUI Traffic Stops proficiency skills at 100% proficiency, with the results recorded on the required DUI Traffic Stops Performance Evaluation, form CJSTC-13, created October 30, 2008, revised November 7, 2013, effective 5/2014, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-03929. Form CJSTC-13 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615. Form CJSTC-13 shall be maintained in the student or course file.

(b) Speed Measurement Course, number 1158. A student shall achieve a score of no less than 80% on the required written end-of-course examination and demonstrate the required proficiency skills at 100%, with the results recorded on the required Speed Measurement Operator Performance Report form CJSTC-11, revised November 7, 2013, effective 5/2014, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-02323. Form CJSTC-11 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615. Form CJSTC-11 shall be maintained in the student or course file.

An instructor student shall complete the Speed Measurement Instructor requirements, pursuant to Rule 11B-20.0014, F.A.C., to instruct speed measurement courses and the speed measurement instructor course.
An instructor student shall achieve a score of no less than 85% on the required written end-of-course examination and demonstrate the required proficiency skills at 100%, with the results recorded on the required Speed Measurement Device Instructor Field Evaluation form CJSTC-10, revised August 13, 2020, effective 5/2021, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-13142. Form CJSTC-10 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615. A copy of the completed form CJSTC-10 shall be provided to the student and the original form CJSTC-10 shall be maintained in the student or course file.

(d) Breath Test Instructor Course, number 1110.

An instructor student shall complete the Breath Test Instructor Course requirements pursuant to Rule 11B-20.0014, F.A.C., to instruct the Breath Test Operator Course, Breath Test Operator Renewal Course, Agency Inspector Course, and Agency Inspector Renewal Course.
An instructor applicant shall achieve a score of no less than 85% on the required written end-of-course examination and demonstrate the required proficiency skills at 100%, with the results recorded on the required Breath Test Instructor Performance form CJSTC-17, revised August 10, 2023, effective 6/2024, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-16662. Form CJSTC-17 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615. A copy of the completed form shall be provided to the student and the original shall be maintained in the course file.

(e) Breath Test Instructor Course-Intoxilyzer 9000, number 1117.

An instructor student shall complete the Breath Test Instructor Course-Intoxilyzer 9000 requirements pursuant to Rule 11B-20.0014, F.A.C., to instruct the Breath Test Operator Course-Intoxilyzer 9000, Breath Test Operator Renewal Course-Intoxilyzer 9000, Agency Inspector Course-Intoxilyzer 9000, and Agency Inspector Renewal Course-Intoxilyzer 9000.
An instructor applicant shall achieve a score of no less than 85% on the required written end-of-course examination and demonstrate the required proficiency skills at 100%, with the results recorded on the required form CJSTC-17. A copy of the completed form shall be provided to the student and the original shall be maintained in the course file.

(f) Breath Test Instructor Renewal Course, number 1111.

An instructor student shall complete the Breath Test Instructor Renewal Course requirements pursuant to rule 11B-20.0017, F.A.C., to satisfy the continuing education requirements for a Breath Test Instructor Certification.
An instructor student shall achieve a score of no less than 85% on the required written end-of-course examination and demonstrate the required proficiency skills at 100%, with the results recorded on the required form CJSTC-17. A copy of the completed form shall be provided to the student and the original shall be maintained in the course file.

(g) Breath Test Instructor Renewal Course-Intoxilyzer 9000, number 1118.

An instructor student shall complete the Breath Test Instructor Renewal Course-Intoxilyzer 9000 requirements pursuant to rule 11B-20.0017, F.A.C., to satisfy the continuing education requirements for a Breath Test Instructor Certification.
An instructor student shall achieve a score of no less than 85% on the required written end-of-course examination and demonstrate the required proficiency skills at 100%, with the results recorded on the required form CJSTC-17. A copy of the completed form shall be provided to the student and the original shall be maintained in the course file.

(h) Breath Test Operator Course, number 851. A student shall achieve a score of no less than 80% on the required written end-of-course examination and demonstrate the required proficiency skills at 100%, with the results recorded on the required Breath Testing Course Performance form CJSTC-14, revised August 10, 2023, effective 6/2024, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-16663. Form CJSTC-14 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615. A copy of the completed form shall be provided to the student and the original shall be maintained in the course file.

(i) Breath Test Operator Course-Intoxilyzer 9000, number 852. A student shall achieve a score of no less than 80% on the required written end-of-course examination and demonstrate the required proficiency skills at 100%, with the results recorded on the required form CJSTC-14. A copy of the completed form shall be provided to the student and the original shall be maintained in the course file.

(j) Breath Test Operator Renewal Course, number 951. A student shall achieve a score of no less than 80% on the required written end-of-course examination and demonstrate the required proficiency skills at 100%, with the results recorded on the required form CJSTC-14. A copy of the completed form shall be provided to the student and the original shall be maintained in the course file.

(k) Breath Test Operator Renewal Course-Intoxilyzer 9000, number 952. A student shall achieve a score of no less than 80% on the required written end-of-course examination and demonstrate the required proficiency skills at 100%, with the results recorded on the required form CJSTC-14. A copy of the completed form shall be provided to the student and the original shall be maintained in the course file

(l) Agency Inspector Course, number 850. A student shall achieve a score of no less than 80% on the required written end-of-course examination and demonstrate the required proficiency skills at 100%, with the results recorded on the required form CJSTC-14. A copy of the completed form shall be provided to the student and the original shall be maintained in the course file.

(m) Agency Inspector Course-Intoxilyzer 9000, number 853. A student shall achieve a score of no less than 80% on the required written end-of-course examination and demonstrate the required proficiency skills at 100%, with the results recorded on the required form CJSTC-14. A copy of the completed form shall be provided to the student and the original shall be maintained in the course file.

(n) Agency Inspector Renewal Course, number 950. A student shall achieve a score of no less than 80% on the required written end-of-course examination and demonstrate the required proficiency skills at 100%, with the results recorded on the required form CJSTC-14. A copy of the completed form shall be provided to the student and the original shall be maintained in the course file.

(o) Agency Inspector Renewal Course-Intoxilyzer 9000, number 953. A student shall achieve a score of no less than 80% on the required written end-of-course examination and demonstrate the required proficiency skills at 100%, with the results recorded on the required form CJSTC-14. A copy of the completed form shall be provided to the student and the original shall be maintained in the course file.

(p) Underwater Police Science and Technology course number 077. A student shall achieve a score of no less than 80% on the required written end-of-course examination and demonstrate the required proficiency skills at 100%, with the results recorded on the required Criminal Justice Diver Performance Evaluation form CJSTC-19, revised November 6, 2014, effective 7/2015, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-05623. Form CJSTC-19 can be obtained at the following FDLE Internet Address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615. A copy of the completed form shall be provided to the student and the original shall be maintained in the course file.

(q) Canine Team Training Course number 1198. A handler shall achieve a score of no less than 80% on the required written end-of-course examination and demonstrate the required proficiency skills at 100%, with the results recorded on the required Canine Team Performance Evaluation form CJSTC-83, revised August 15, 2024, effective 3/2025, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-17880. Form CJSTC-83 can be obtained at the following FDLE Internet Address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615. A copy of the completed form shall be provided to the student and the original maintained in the course file.

(r) Canine Team Training Instructor Course number 1199.

An instructor student shall complete the Canine Team Training Instructor Course requirements pursuant to Rule 11B-20.0014, F.A.C., to instruct the Canine Team Training Course number 1198 and Canine Team Training Instructor Course number 1199.
An instructor student shall achieve a score of no less than 85% on the required written end-of-course examination, demonstrate instruction of one classroom topic from the Canine Team Training Course number 1198, and demonstrate instructing field exercises in obedience, criminal apprehension, building search, area search, and tracking and trailing from the Canine Team Training Course number 1198, with the results recorded on the required performance evaluation form. A copy of the completed Canine Team Instructor Performance Evaluation form CJSTC-20, revised August 15, 2024, effective 3/2025, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-17881, shall be provided to the student and the original form CJSTC-20 maintained in the instructor student course file. Form CJSTC-20 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615. A copy of the completed form shall be provided to the student and the original maintained in the course file.

(s) Role-play Scenarios for Facilitative Learning course number 2001. An instructor student shall achieve a score of no less than 85% on the required written end-of-course examination.

History

Rulemaking Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.12, 943.17 FS. History–New 2-17-93, Amended 1-2-97, 7-7-99, 8-22-00, 7-29-01, 11-5-02, 11-30-04, 3-27-06, 3-21-07, 6-9-08, 9-28-09, 6-3-10, 3-13-13, 5-29-14, 7-29-15, 9-4-16, 7-19-17, 5-5-20, 5-20-21, 6-23-22, 8-30-23, 6-20-24, 4-9-25, 6-4-26.

Fla. Admin. Code R. 11B-35.003 Basic Recruit Training Programs for Law Enforcement, Correctional, and Correctional Probation Auxiliary Training

(1) Commission-approved Auxiliary Basic Recruit Training Programs are created to train applicants for employment or appointment by criminal justice agencies, with or without compensation, to assist or aid full-time or part-time officers.

(2) To become certified as a law enforcement or correctional auxiliary officer, an applicant shall meet the requirements outlined in Sections 943.13, 943.14(7) and 943.17(1)(g), F.S. To become certified as a correctional probation auxiliary officer, an applicant shall meet the requirements outlined in Sections 943.13 and 943.14(7), F.S., and shall complete in its entirety the Correctional Probation Basic Recruit Training Program active at the time of enrollment. Applicants requesting certification as a correctional officer shall complete in its entirety the Correctional Basic Recruit Training Program active at the time of enrollment. Applicants requesting certification as a law enforcement auxiliary officer shall successfully complete the following Auxiliary Officer Basic Recruit Training Program requirements:

(a) Auxiliary Officer Prerequisite Course taught at a Commission-certified training school using Commission-certified instructors; and,

(b) High-liability Training Courses for vehicle operations, defensive tactics, and firearms, taught by a Commission-certified instructor and taught at a Commission-certified training school or criminal justice agency.

(c) Instruction of the vehicle operations course is based on employing agency requirements. Auxiliary officers operating an agency vehicle are required to complete this training.

(d) Auxiliary Officer Prerequisite Courses excluding all high-liability training courses may be taught using a virtual classroom. A virtual classroom is defined as a curriculum delivery system in which a Commission-certified instructor at one location presents course curriculum to one or more remote locations using video conference technology. All virtual classroom sites must be Commission-approved satellite sites for the training school delivering the curriculum. At least one Commission-certified instructor must be present at each approved satellite classroom site when students are present and must remain in the classroom while curriculum is being presented.

(3) A training school shall submit form CJSTC-67 to Commission staff upon an individual’s successful completion of the Prerequisite Course. The training school or agency shall document the student’s successful completion of the applicable Basic Recruit Training High-Liability Courses, pursuant to subsection 11B-35.0024(3), F.A.C. Regardless of where the Basic Recruit Training High-Liability Course is completed, the employing agency shall maintain the training documentation in the officer’s file.

(4) Commission-approved Basic Recruit Training High-Liability Courses instructed at a Commission-certified training school shall be recognized by the Commission for applicants requesting certification as a law enforcement, correctional, or correctional probation officer, if the applicant has completed training within the past four years pursuant to subsection 11B-35.002(6), F.A.C. Recognition of completed Basic Recruit Training High-Liability Courses shall comply with paragraph 11B-35.0023(2)(d), F.A.C.

(5) Individuals exempt from completing the 40-hour First Aid for Criminal Justice Officers course in the Law Enforcement Auxiliary Officer Basic Recruit Training Program, based on education and training experience in the United States or its territories, shall complete the Law Enforcement Auxiliary Officer Prerequisite Course, and the applicable high-liability courses pursuant to this rule section. The following individuals shall possess an active certificate or license that shall be maintained in the course file to be eligible for the exemption:

(a) Certified emergency medical technicians who have three years’ experience.

(b) Certified paramedics who have three years’ experience.

(c) Licensed physicians, who are actively involved in emergency care and have three years’ experience in emergency medical care.

(d) Licensed physician’s assistants, who are actively involved in emergency care and have three years’ experience in emergency medical care.

(e) Registered nurses or licensed practical nurses, who are actively involved in emergency care and have three years’ experience in emergency medical care.

(f) Members of the Armed Forces of the United States on active duty entitled to practice as an Emergency Medical Technician (EMT) or a Florida paramedic set forth in Chapter 401, Part III., F.S., who have three years’ experience in emergency medical care.

History

Rulemaking Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.12(5), 943.17(1)(a) FS. History–New 12-13-92, Amended 1-2-97, 7-7-99, 8-22-00, 7-29-01, 11-5-02, 11-30-04, 3-27-06, 3-21-07, 6-9-08, 9-28-09, 6-3-10, 3-13-13, 5-29-14, 9-4-16, 7-19-17, 8-15-18, 5-5-20.

Fla. Admin. Code R. 11B-35.004 Traditional Basic Recruit Training Programs; Cross-Over Training for Law Enforcement, Correctional, and Correctional Probation Officers

History

Rulemaking Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.12(5), 943.17(1)(a) FS. History–New 12-13-92, Amended 9-5-93, 1-2-97, 7-7-99, 8-22-00, 7-29-01, 11-5-02, Repealed 11-30-04.

Fla. Admin. Code R. 11B-35.005 Career Development Training Program

There is established by the Criminal Justice Standards and Training Commission a program of Career Development Training Courses, which shall be limited to training related to promotion to a higher rank or position.

History

Rulemaking Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.17(1)(c) FS. History–New 12-13-92, Amended 1-2-97, 7-7-99, 11-5-02.

Fla. Admin. Code R. 11B-35.006 Advanced Training Program

(1) Commission-approved Advanced Training Program Courses were created to enhance an officer’s knowledge, skills, and abilities for the job the officer performs and are used by an officer to satisfy mandatory retraining requirements or eligibility for salary incentive monies pursuant to rule Chapter 11B-14, F.A.C.

(a) An officer may not receive both salary incentive credit and mandatory retraining credit for completion of an Advanced Training Program Course. Such courses shall include one major topic and be at least 40 hours long.

(b) The Commission shall designate on the Active CJSTC Curricula web page courses that are eligible for salary incentive credit.

(2) Officers who are currently receiving salary incentive payment for completion of the Field Training Officer Course number 051, are not eligible to receive additional salary incentive credit for course number 809 or 1100.

(3) Officers who are currently receiving salary incentive payment for completion of the Radar Speed Measurement Training Course for Law Enforcement Officers number 055 and Laser Speed Measurement Operators Course for Law Enforcement Officers number 095 are not eligible to receive additional salary incentive credit for course number 1158.

(4) Course number 094, Drug Abuse Resistance Education (D.A.R.E.), may be offered only through the certified state D.A.R.E. training school. The Florida certified state D.A.R.E. training center is located within the Florida Department of Law Enforcement. D.A.R.E. course numbers are: Course #094 (80 hours), or #094 split with #097 (40 hours) for salary incentive, and #096 (40 hours) for mandatory retraining.

(5) Only officers and support personnel who have written approval from their respective agency administrator or designee may attend Advanced Training Program Courses. Applicants shall submit evidence of their agency administrator’s approval in a format established and agreed upon by the Local Regional Training Council and training school.

(6) To successfully complete an Advanced Training Program Course, a student shall comply with student attendance, performance, and course documentation requirements pursuant to Rule 11B-35.001, F.A.C.

(7) Training schools shall report the successful completion of Advanced Training Program Courses for officers pursuant to paragraph 11B-35.001(11)(b), F.A.C. Training schools shall indicate if the officers are authorized by their employing agency to receive salary incentive credit or mandatory retraining credit.

History

Rulemaking Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.12(5), 943.17(1)(b) FS. History–New 12-13-92, Amended 1-10-94, 1-2-97, 7-7-99, 8-22-00, 7-29-01, 11-5-02, 11-30-04, 3-27-06, 3-21-07, 6-9-08, 9-28-09, 6-3-10, 3-13-13, 9-4-16, 8-15-18, 5-20-21.

Fla. Admin. Code R. 11B-35.007 Specialized Training Program

(1) The Commission’s Specialized Training Program may be used by training schools and consist of the following Commission-approved:

(a) Specialized Goals and Objectives, pursuant to subsection (2) of this rule section;

(b) Specialized Instructor Training Courses, pursuant to subsection (4) of this rule section; and,

(2) Courses developed from the Specialized Goals and Objectives have been designed to use Commission-established categories, topics, and objectives that encompass subject matter pertinent to training within the criminal justice profession. Such courses shall be developed using a “menu” approach to fulfill local criminal justice agency training needs.

(a) Commission-established categories for Specialized Goals and Objectives are:

Communication Skills.
Crime Prevention.
Health.
High-Liability.
Investigations.
Legal Issues.
Management and Supervision.
Science and Technology.
Inmate Supervision and Control.
Community Policing.

(b) A training school shall adhere to the following procedures to develop courses from the Specialized Goals and Objectives:

Determine local agency training needs and applicable course content.
Review the category list to determine the applicable category.
Refer to topic lists within the category(ies) chosen to determine the subject area(s) covered.
Write the student learning goal(s) for the course.
Select the relevant objective(s) from the chosen topic(s) to cover the specific subject matter.
Develop the lesson plan.
Maintain information required for the Specialized Training Program Course file pursuant to Rule 11B-35.001, F.A.C.
Combine categories, topics, and objectives to develop a Specialized Training Program Course. In addition, objectives may be extracted from the Advanced Training Program Course series to develop a Specialized Training Program Course. If a portion of an Advanced Training Program Course is used, the course number and objective number shall be identified.
Establish the number of hours of instruction according to local agency needs. A training school shall determine the number of objectives needed for each block of course instruction. To provide further flexibility, a maximum of four hours of electives may be used for each forty hours of course instruction.
Document the training by completing a Specialized Training Documentation, form CJSTC-16, revised November 7, 2013, effective 5/2014, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-03930, and when applicable complete a Specialized Training Documentation Supplemental, form CJSTC-16A, revised May 6, 2004, hereby incorporated by reference. Forms CJSTC-16 and CJSTC-16A can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615. A training school shall attach the goals and objectives provided by the instructor to form CJSTC-16 and complete “Section A” of the form. Forms CJSTC-16 and CJSTC-16A shall be maintained in the course file at the training school.

(3) The Commission shall designate on the Active CJSTC Curricula web page the active Specialized Instructor Courses and Specialized Training Program Courses.

(4) Specialized Instructor Training Courses are developed and approved by the Commission for instructor training and have not been designated as Commission approved Advanced Training Program courses. They shall be delivered in their entirety by a training school for an individual to qualify to apply as a Commission-certified instructor.

(5) Specialized Training Program Courses are developed and approved by the Commission and have not been designated as Commission-approved Advanced Training Program courses. They shall be delivered in their entirety by a training school for an individual to receive Specialized Training Program credit.

(6) Successfully completed Commission-approved Specialized Training Program Courses may be credited toward an officer’s mandatory retraining requirement pursuant to Rule 11B-27.00212, F.A.C. Documentation of such training shall be provided to students and shall include the name of the training school delivering the course, the course title or topics taught, course date(s), and course hours, or login records, or electronic records of participation.

(7) Criminal Justice Standards and Training Trust Fund Officer Training Monies may be expended to conduct Commission-approved Specialized Training Program Courses pursuant to subsection (1) of this rule section. Officer Training Monies shall be expended pursuant to the requirements of rule Chapter 11B-18, F.A.C.

History

Rulemaking Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.175, 943.25 FS. History–New 12-13-92, Amended 8-7-94, 1-2-97, 7-7-99, 8-22-00, 7-29-01, 11-5-02, 11-30-04, 3-27-06, 3-21-07, 6-9-08, 9-28-09, 5-21-12, 3-13-13, 5-29-14, 7-29-15, 9-4-16, 8-15-18, 6-20-24.

Fla. Admin. Code R. 11B-35.008 State Officer Certification Examination Qualification Course Requirements

History

Rulemaking Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.131(2), 943.1395(3), 943.1715 FS. History–New 1-10-94, Amended 1-2-97, 7-7-99, 8-22-00, 7-29-01, Repealed 11-5-02.

Fla. Admin. Code R. 11B-35.0085 Criminal Justice Training School Requirements for Local Administration and Security of Examinations for Training Courses

A training center director shall maintain the security and confidentiality of all examinations used in all Commission-approved courses in the following manner:

(1) Pursuant with Section 943.173(2), F.S., the Commission shall authorize the administration of examinations at training schools. Administration of examinations shall consist of the training center director or designee(s) developing examination items, maintaining examination item banks, preparing examination forms, administering examinations, retaining student examinations, proctoring, grading, and recording the results of the examinations.

(2) A training center director shall develop and maintain written procedures outlining the security of training school examinations to include preparation, administration, proctoring, storing, grading, disposal, and student review.

(3) Written procedures, examinations, and examination materials shall be made available for inspection by Commission staff.

(4) To maintain the security of the examinations outlined in this rule section, a training center director shall ensure that:

(a) The security and confidentiality of examinations and examination materials are maintained and obsolete examination materials are destroyed.

(b) Examination materials are secured and accessible only by training school staff approved by the training center director.

(d) Student contact with examination materials is conducted in a controlled presentation to prohibit students from recording or transcribing test questions and answers.

(5) Examination materials, including the examination and individual answer forms for each training course, shall be retained for not less than two years after the date the examination is completed.

History

Rulemaking Authority 943.12(1), (2) FS. Law Implemented 943.173 FS. History–New 7-7-99, Amended 11-5-02, 11-30-04.

Fla. Admin. Code R. 11B-35.009 Exemption from Basic Recruit Training

(1) Definitions. For the purpose of this rule section, the following definitions shall apply:

(a) “Employing agency” means any agency authorized by law to employ or appoint officers pursuant to Section 943.10(4), F.S.

(b) “Comparable basic recruit training program in another state or for the federal government,” means any successfully completed sworn officer training course or courses, irrespective of the completion date, which when viewed together include all the primary training topics pursuant to subsection (3) of this rule section, for the discipline in which the applicant is seeking an exemption, pursuant to Section 943.131(2), F.S. Commission-approved Basic Recruit Training Courses may be substituted for courses not included in basic level training.

(c) “Another state” means one or more of the United States or its territories, or any combination thereof, with the exception of the State of Florida.

(d) “Federal Government” means any agency of the United States government that employs or appoints sworn officers, a Native American Indian tribe or band that employs or appoints sworn officers, or any branch or entity of the United States Armed Forces or any combination thereof.

(e) “Full time” means any employed or appointed status in which a normal work week consists of forty or more on-duty hours, exclusive of overtime, holidays, regular days off, leave, or other authorized or ordered absence from work.

(f) “Sworn officer” means an individual whose work experience, as required in this rule section, meets the definition of a law enforcement, correctional, and correctional probation officer pursuant to Sections 943.10(1)-(3), F.S.

(g) “At least one year” means a time period of twelve months sworn experience that shall have occurred at no more than two criminal justice agencies over a period not to exceed eighteen months as a full-time sworn officer in a specified discipline, excluding periods during which an individual was enrolled in or attending basic recruit training.

(h) “Inactive Florida Officer” means an individual who has met the certification and employment requirements of Section 943.13, F.S., and has not been employed as an officer in the discipline for which the individual was a Florida certified officer for a period of four to eight years.

(i) “Special Operations Forces” means those active and reserve component forces of the military services designated by the Secretary of Defense and specifically organized, trained, and equipped to conduct and support special operations. The term includes, but is not limited to, service members of the United States Army Special Forces and the United States Army 75th Ranger Regiment; the United States Navy SEALs and Special Warfare Combatant-Craft Crewmen; the United States Air Force Combat Control; Pararescue, and Tactical Air Control Party specialists; the United States Marine Corps Critical Skills Operators; and any other component of the United States Special Operations Command approved by the Commission.

(2) An individual who applies for certification as a Florida officer shall qualify for exemption from completing a Commission-approved Basic Recruit Training Program if the applicant has:

(a) Successfully completed basic recruit training comparable in content to the Basic Recruit Training Program for the discipline for which the individual claims exemption or a previously completed Commission-approved Basic Recruit training Program; and,

(b) Prior service as a full-time sworn officer in another state or the Federal Government for at least one year, pursuant to paragraph (1)(g) of this rule section, in the criminal justice discipline for which the individual is requesting an exemption. There shall be no more than an 8-year break in employment, which is measured from the separation date of the most recent qualifying employment to the time a complete application is submitted for an exemption under this rule section. The twelve months sworn experience shall have occurred at no more than two criminal justice agencies over a period not to exceed eighteen months as a full-time sworn officer in the discipline for which an exemption is being requested.

(c) Prior service as a special operations forces member for a minimum of five years with no more than a four-year break in service which is measured from the separation date of the most recent qualifying special operations forces service to the time a complete application is submitted for an exemption under this rule section.

(3) Out-of-state or federal officers who request an exemption from a Commission-approved Basic Recruit Training Program, the employing agency, training center, or Criminal Justice Selection Center shall:

(a) Verify that the applicant’s law enforcement training is comparable to the Commission’s Florida Law Enforcement Academy for which the exemption is requested, and at a minimum reflects successful completion of training, pursuant to the Exemption-From-Training form CJSTC-76, for the topics of Legal, Interactions in a Diverse Community, Interviewing and Reporting Writing, Patrol (including Fundamentals, Calls for Service, and Critical Incidents), Criminal Investigations (including Crime Scene and Courtroom), Traffic Stops, Traffic Crash Investigations, Vehicle Operations, First Aid or equivalent, Firearms, and Defensive Tactics.

(b) Verify that the applicant’s correctional officer training is comparable to the Commission’s Florida Correctional Basic Recruit Training Program whenever an exemption is requested, and at a minimum reflects successful completion of training, pursuant to Exemption-From-Training form CJSTC-76, for the topics of Legal, Communications, Officer Safety, Facility and Equipment, Intake and release, Supervising in a Correctional Facility, Supervising Special Populations, Responding to Incidents and emergencies, Firearms, Defensive Tactics, and First Aid or Equivalent.

(c) Verify that the applicant’s correctional probation officer training is comparable to the Commission’s Florida Correctional Probation Officer Training Academy whenever an exemption is requested, and at a minimum reflects successful completion of training, pursuant to Exemption-From-Training form CJSTC-76, for the topics of Legal Foundations for Correctional Probation, Communications, Intake and Orientation, Caseload Management, Supervision of Offenders, Field Supervision, Defensive Tactics and First Aid or equivalent.

(d) Verify the required training and the authenticity of documents submitted by an individual through telephone or written confirmation of documents such as, criminal justice agency training records, training school records, official transcripts, curricula or curricula summaries, certificates of completion, or other such documents that verify the applicant’s successful completion of comparable basic recruit training in another state or for the federal government, and affidavits executed by a custodian or custodians of such records or other persons with direct knowledge that support the individual’s successful completion of comparable basic recruit training.

(e) Verify that the individual has met the required prior sworn experience by obtaining copies of one or more of the following:

Agency employee payroll record;
Agency employment record;
Employment verification by an authorized representative of the individual’s previous employer or employers; and,
Other documentation that confirms the applicant’s previous experience and employment as an officer for at least one year.

(4) Inactive Florida officers who have been separated from employment for a period of four to eight years, may apply for exemption from re-taking the Basic Recruit Training Program for which the officer has been previously certified as a sworn officer. There shall be no more than an eight-year break in employment, which is measured from the separation date of the most recent qualifying employment to the time a complete application is submitted, for an exemption under this rule section. The employing agency, training center, or Criminal Justice Selection Center shall verify that the applicant has:

(a) Successfully completed the Basic Recruit Training Program for the discipline for which re-activation of certification is requested; and,

(b) Been employed and certified as a criminal justice officer in Florida in the discipline for which reactivation or certification is requested.

(5) Special operations forces members who served in special operations forces for at least five years and have not been separated from special operations forces for more than four years as measured from the separation date from the special operations forces to the time a complete application for an exemption is received under this rule section. The employing agency, training center, or Criminal Justice Selection Center shall:

(a) Verify that the applicant has served at least five years in special operations forces; and

(b) Verify that the applicant has not been separated from special operations forces for more than four years; and

(c) Document the specific training and experience the applicant received during his or her special operations forces service.

(6) Documentation requirements for out-of-state, federal, and inactive Florida Officers and special operations forces members. Upon verification of an individual’s request for exemption of training, pursuant to this rule section, an employing agency, training center, or Criminal Justice Selection Center shall submit to Commission staff a completed Exemption-From-Training, form CJSTC-76, revised August 15, 2024, effective 3/2025, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-17882, for out-of-state, federal, and inactive Florida Officers and special operations forces members. Form CJSTC-76 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615. Supporting documentation verifying the individual’s compliance as a special operations forces member or with comparable basic recruit training and sworn criminal justice experience pursuant to this rule section shall be maintained on file by the employing agency, training center, or Criminal Justice Selection Center and submitted to Commission staff for review upon request. The agency shall be notified of the approval or denial of the requested exemption of certification in writing within 30 working days. Any appeal of denial of exemption is governed by Section 120.57, F.S.

(7) High-Liability Basic Recruit Training proficiency skill requirements for out-of-state, federal, or inactive Florida Officers. Prior to applying for certification, an out-of-state or federal officer, or inactive Florida officer, who is exempt from completing a Commission-approved Basic Recruit Training Program, pursuant to Section 943.131(2), F.S., shall demonstrate proficiency in the required High-Liability Basic Recruit Training Proficiency Skills of vehicle operations, firearms, defensive tactics, and first aid, pursuant to Rule 11B-35.0024, F.A.C., for the discipline for which certification is sought and for the law enforcement discipline, complete Commission-approved training in recognition of and response to head trauma and brain injury in a child under 6 years of age; identifying and investigating human trafficking; sexual assault investigations; administering lethality assessments; and elder abuse investigations. Such officers shall achieve a passing score on the State Officer Certification Examination, pursuant to Rules 11B-30.0062 and 11B-30.008, F.A.C. Demonstration of proficiency in the required High-Liability Basic Recruit Training Proficiency Skills and passing the State Officer Certification Examination shall be completed within one year after notification of approval of the Exemption-From-Training form CJSTC-76. Individuals who do not complete the required demonstration of proficiency in the High-Liability Basic Recruit Training Proficiency Skills and achieve a passing score on the State Officer Certification Examination within one year, are permitted to apply for another exemption from training, pursuant to Section 943.131(2), F.S., provided they meet the eligibility requirements outlined in Section 943.131(2), F.S. Upon demonstration of proficiency in the required High-Liability Basic Recruit Training Proficiency Skills, the training school shall complete an Exemption-From-Training Proficiency Demonstration, form CJSTC-76A, revised August 15, 2024, effective 3/2025, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-17883, and provide a copy to the officer of form CJSTC-76A. Form CJSTC-76A can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615. The training center director or designee shall, within thirty days of course completion, electronically transmit a completed Training Report form CJSTC-67 through the Commission’s ATMS, or submit an updated form CJSTC-67.

(8) Training requirements for special forces operations members. Prior to applying for certification as a law enforcement, corrections, or correctional probation officer, a special forces operations member who is exempt from completing a Commission-approved Basic Recruit Training Program, pursuant to Section 943.131(2), F.S., shall complete the Commission-approved Special Operations Forces Training Program for the discipline for which certification is sought and demonstrate proficiency in the required High-Liability Basic Recruit Training Proficiency Skills of firearms, defensive tactics, and first aid, pursuant to Rule 11B-35.0024, F.A.C., at a Commission-certified training center. Such individuals shall achieve a passing score on the State Officer Certification Examination, pursuant to Rules 11B-30.0062 and 11B-30.008, F.A.C. Completion of the Special Operations Forces Training Program, demonstration of proficiency in the required High-Liability Basic Recruit Training Proficiency Skills, and passing the State Officer Certification Examination shall be completed within one year after notification of approval of the Exemption-From-Training form CJSTC-76. Individuals who do not complete the Special Operations Forces Training Program, the required demonstration of proficiency in the High-Liability Basic Recruit Training Proficiency Skills, and achieve a passing score on the State Officer Certification Examination within one year, are permitted to apply for another exemption from training, pursuant to Section 943.131(2), F.S., provided they meet the eligibility requirements outlined in Section 943.131(2), F.S. Upon demonstration of proficiency in the required High-Liability Basic Recruit Training Proficiency Skills, the training school shall complete an Exemption-From-Training Proficiency Demonstration, form CJSTC-76A, and provide a copy to the officer of form CJSTC-76A. The training center director or designee shall, within thirty days of program completion, electronically transmit a completed Training Report form CJSTC-67 through the Commission’s ATMS, or submit an updated form CJSTC-67.

(9) Regardless of the number of exemptions from training an individual receives, the individual shall not take the State Officer Certification Examination more than three times without enrolling in and completing a Commission-approved Basic Recruit Training Program pursuant to Section 943.1397(2), F.S.

(10) Individuals, who have qualified for an exemption from a Commission-approved Basic Recruit Training Program, pursuant to this rule section, shall become employed and certified as an officer within four years from the earlier of the beginning date of the required proficiency demonstration as entered on the Training Report form CJSTC-67 or the beginning date of the Special Operations Forces Training Program.

(11) Individuals applying for exemption from a Commission-approved Basic Recruit Training Program, outlined in this rule section, shall not engage in conduct that subverts or attempts to subvert the State Officer Examination process pursuant to Rule 11B-30.009, F.A.C.

History

Rulemaking Authority 741.29(2), 943.03(4), 943.12(1), (2) FS. Law Implemented 741.29(2), 943.131(2) FS. History–New 1-2-97, Amended 7-7-99, 11-5-02, 11-30-04, 3-27-06, 3-21-07, 6-9-08, 5-21-12, 3-13-13, 5-29-14, 7-29-15, 9-4-16, 7-19-17, 8-15-18, 7-9-19, 5-5-20, 6-23-22, 6-20-24, 4-9-25.

Fla. Admin. Code R. 11B-35.010 Exemption from Basic Recruit Training for Out-of-State or Federal Officers; Policy and Exemption Application

History

Rulemaking Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.131(2) FS. History–New 1-2-97, Amended 7-7-99, 8-22-00, 7-29-01, Repealed 11-5-02.

Division 11 Departmental

Chapter 11-1 GENERAL INFORMATION

Fla. Admin. Code R. 11-1.001 Agency Description

History

Rulemaking Authority 120.53, 943.03 FS. Law Implemented 20.201, 120.53, 943.03 FS. History–New 11-28-75, Formerly 11-1.01, Repealed 7-6-99.

Fla. Admin. Code R. 11-1.002 Headquarters, Mailing Address, Etc

History

Rulemaking Authority 120.53, 943.03 FS. Law Implemented 120.53, 943.03 FS. History–New 11-28-75, Formerly 11-1.02, Repealed 7-6-99.

Fla. Admin. Code R. 11-1.003 Department Internal Organization

History

Rulemaking Authority 120.53, 943.03 FS. Law Implemented 20.201, 23.122, 23.123, 120.53, 943 FS. History–New 11-28-75, Amended 1-9-78, Formerly 11-1.03, Repealed 7-6-99.

Fla. Admin. Code R. 11-1.004 Powers and Duties of Department

History

Rulemaking Authority 120.53, 943.03 FS. Law Implemented 281.20, 120.53, 775.13, 790.164, 943 FS. History–New 11-28-75, Formerly 11-1.04, Amended 1-9-78, 1-6-91, Repealed 7-6-99.

Fla. Admin. Code R. 11-1.0041 Confirmation and Delegation of Authority

(1) In accordance with section 20.05(1)(b), F.S., the Executive Director and other officials of the Department of Law Enforcement are hereby authorized to perform or exercise the following statutory powers and duties of the Agency, Department, or Department Head.

(a) The Executive Director or, his designee shall:

Supervise, direct, coordinate, and administer the day-to-day duties and functions of the Department in accordance with section 943.03, F.S.
Direct criminal investigations in accordance with section 943.04(2), F.S.
Negotiate, enter into and execute purchases, contracts, leases, lease-purchases, licenses and agreements relating to real, personal and mixed property, services, commodities and capital outlay items with governmental agencies and persons as defined in section 1.01(3), F.S., and carry out on a day-to-day basis, the operations of the Department. The foregoing authority shall be within current appropriations and shall be in accordance with pertinent statutes and rules of the Department of Management Services and the Comptroller. The Executive Director shall report all contracts, leases, lease-purchases, licenses, agreements and purchases involving the expenditure of more than $100,000 to the Department Head on a quarterly basis.
Contract for consultant and professional services up to $100,000. However, selection of consultant and professional services, other than sole source, shall be by procedures in the Consultants Competitive Negotiations Act or other competitive processes established by rule.
Establish regional operation centers, field offices, bureaus, and similar entities as necessary to carry out the statutory duties of the Department.
Serve as the head of the agency for the purposes of authorizing and paying membership dues or travel expenses and per diem under sections 216.345 or 112.061, F.S. respectively. Membership dues shall be paid only when the membership serves a predominantly public purpose and is essential to the effective discharge of the public duties of the Department or one or more of its personnel.
Designate Department officials as custodians or subcustodians of records and property, as agents for service of process, as representatives to organizations in which the Department is a member or officer, and as official liaison with agencies of this State, other states, the Federal Government and the public.
Convene a Complaint Review Board, select members to serve on such board, serve notices, and otherwise exercise the authority provided in section 112.532, F.S., et seq.
Accept donations of property, real, personal or mixed, grants of money from any governmental unit, public agency, institution or person to carry out the objectives, and perform the duties of the Department pursuant to section 943.01, F.S., et seq., and other pertinent statutes; provided, however, that this authority shall not extend to situations where accepting or agreeing to accept a donation or grant will have a substantial, adverse impact upon other state agencies; provided further that donations shall be reported to the Department Head on a quarterly basis.
Bring suit in the name of the Department and in consultation with the Department of Legal Affairs, or to defend suit in the name of the Department.
Compromise and settle, in the best interest of the Department, subject to section 45.062, F.S., all claims, actions, causes of action and legal proceedings, whether sounding in tort or contract, that are brought against the Department or any of its employees acting within the scope of their employment. Such compromises and settlements shall be limited to cases where the total amount paid is less than $100,000.00, and shall be reported to the Governor and Cabinet on at least a quarterly basis.
Act on behalf of the agency in carrying out the provisions of chapter 120, F.S., provided, however, the Governor and Cabinet shall approve all Department administrative rules and reserve the prerogative to act as hearing officer in section 120.57, F.S., proceedings involving great public interest or other public agencies. Examples include the following:

a. To initiate rulemaking by publishing a notice of intended action. The power to determine whether proposed rules should be approved for the filing of a notice of intended action and final adoption is hereby reserved to the Governor and Cabinet acting as the head of the Department.

b. To explain in writing why a rule development workshop is unnecessary.

c. To provide methods for making available a description of the agency’s organization and general course of operation pursuant to section 120.54(5)(b)5., F.S.

d. To issue an immediate final order pursuant to section 120.569(2)(1), F.S., that states the particular facts supporting a finding that there is an immediate danger to the public health, property, or welfare.

e. To issue a written statement pursuant to section 120.57(3)(c), F.S., explaining why a bid solicitation process or contract award process must be continued without delay due to an immediate and serious danger to the public health, safety, or welfare.

f. Pursuant to section 120.63(1)(a), F.S., to apply on behalf of the Department and certify to the Administration Commission that a proceeding required by chapter 120, F.S., conflicts with a provision of federal law or rule.

g. To prepare, certify, and file the rule review report mandated by section 120.74(2), F.S., with the presiding officers and affected standing committees of the Florida Legislature.

h. To take final agency action in any proceeding or matter within the scope of the Department’s authority.

(b) Except as provided herein, the Executive Director or Deputy Executive Director shall:

Exercise the authority of agency head under section 943.03(2) and chapter 110, F.S., State Personnel Rules and rules of the Department of Law Enforcement, taking final agency action in all personnel matters, including discipline, involving department employees.
Exercise the authority of agency head regarding transfer of appropriations under section 216.292, F.S.
Exercise authority in regard to the addition, deletion or transfer of positions within budget entities pursuant to section 216.262, F.S., and other pertinent laws.

Exercise such authority in personnel matters, including discipline, as is authorized by the State Personnel Rules and rules of the Department of Management Services in the following areas:

(d) The person designated as human resource officer of the Department shall:

Exercise the authority delegated to the Department by the Department of Administration in the following areas:

a. Approval of payroll corrections due to clerical errors;

b. Approval of overlap of positions;

c. Determination of eligibility for classes unique to the Department (including approval of equivalency);

d. Approval of out-of-class appointments;

e. Approval of trainee appointments;

f. Approval of extensions of provisional status, probationary status, leaves without pay, and compulsory disability leaves.

(e) The person designated in writing to the Executive Office of the Governor shall be authorized to:

Initiate budget amendments.
Execute salary exception forms.

(f) Persons designated as purchasing agents of the Department may be authorized to initiate or execute purchase orders on behalf of the Department.

(2) The Executive Director shall keep each member of the Department Head advised of major policy issues arising in the Department, and shall place such matters upon the Department agenda when directed by the Governor or any member of the Cabinet.

History

Rulemaking Authority 943.03(4) FS. Law Implemented 20.05(1)(b), 20.201, 112.061, 120.63(1), 216.345, Chapter 943 FS. History–New 1-31-80, Amended 6-29-80, 7-5-81, Formerly 11-1.041, Amended 7-6-99, 8-22-00, 4-16-09.

Fla. Admin. Code R. 11-1.005 Relations with Other Officers and Agencies

History

Rulemaking Authority 120.53, 255.21(5), 255.25(2)(c), 943.03, 943.05(2) FS. Law Implemented 120.53, 225.21(5), 225.25(2)(c), 943.03, 943.05 FS. History–New 11-28-75, Amended 7-4-79, Formerly 11-1.05, Repealed 7-6-99.

Fla. Admin. Code R. 11-1.006 Reports and Publications

History

Rulemaking Authority 120.53, 943.03, 943.05 FS. Law Implemented 119, 120.53, 943.05 FS. History–New 11-28-75, Formerly 11-1.06, Repealed 7-5-82.

Fla. Admin. Code R. 11-1.0061 Public Information and Inspection and Copying of Records

History

Rulemaking Authority 120.53(1)(a), 943.03(3) FS. Law Implemented 120.53(1)(a), 119.07, 943.03(3) FS. History–New 7-5-82, Formerly 11-1.061, Repealed 7-6-99.

Fla. Admin. Code R. 11-1.007 State Statutes and Rules Applicable

History

Rulemaking Authority 120.53, 943.03 FS. Law Implemented 120.53 FS. History–New 11-28-75, Formerly 11-1.07, Repealed 6-29-95.

Fla. Admin. Code R. 11-1.008 Public Business

History

Rulemaking Authority 120.53, 943.03 FS. Law Implemented 120.53, 286.011 FS. History–New 11-28-75, Formerly 11-1.08, Repealed 7-6-99.

Fla. Admin. Code R. 11-1.009 Identification Cards and Badges

History

Rulemaking Authority 120.53, 943.03 FS. Law Implemented 120.53, 943.03 FS. History–New 11-28-75, Formerly 11-1.09, Repealed 6-29-95.

Fla. Admin. Code R. 11-1.010 Vouchers

History

Rulemaking Authority 943.03 FS. Law Implemented 11.47, 215.42, 216, 943.03 FS. History–New 11-28-75, Formerly 11-1.10, Repealed 7-6-99.

Fla. Admin. Code R. 11-1.011 Forms and Instructions

History

Rulemaking Authority 120.53(1)(b), 943.03(3) FS. Law Implemented 120.53, 943.03 FS. History–New 1-9-78, Formerly 11-1.11, Repealed 6-29-95.

Fla. Admin. Code R. 11-1.012 Duty Manual

History

Rulemaking Authority 943.03(3) FS. Law Implemented 943.03 FS. History–New 4-9-79, Amended 11-5-79, Formerly 11-1.12, Repealed 11-16-82.

Chapter 11-2 FALSE REPORTS OF BOMBING, ETC., REWARD FOR INFORMATION RELATING THERETO

Fla. Admin. Code R. 11-2.001 Purpose

The purpose of this rule chapter is to inform the public of the statutory reward provided for information leading to the arrest and conviction of persons making false reports as to bombings or other violence to property owned by the state or, after June 15, 1976, by any of its political subdivisions and to prescribe procedures whereby such rewards may be substantiated and claimed.

History

Specific Authority 790.164(2)(c) FS. Law Implemented 790.164 FS. History–New 3-2-77, Formerly 11-2.01.

Fla. Admin. Code R. 11-2.002 Form of Claim and Endorsements

A person making claim for the $5,000 reward provided for by Section 790.164, F.S., shall utilize the Claim of Reward Form, FDLE-OGC Form #1, rev. January 2001 and incorporated by reference and the Law Enforcement Endorsement Form, FDLE-OGC Form #2, rev. January 2001 and incorporated by reference, both of which can be obtained from the arresting agency, and the Prosecutor’s Endorsement Form, FDLE-OGC Form #3, rev. January 2001 and incorporated by reference, which can be obtained from the prosecuting office. FDLE has samples of these forms which may be requested from the Department of Law Enforcement, Office of General Counsel, P. O. Box 1489, Tallahassee, Florida 32302-1489.

History

Specific Authority 943.03(4) FS. Law Implemented 790.164 FS. History–New 3-2-77, Formerly 11-2.02, Amended 7-29-01.

Fla. Admin. Code R. 11-2.003 Notification of Competing Claimants

The law enforcement agency receiving a claim for reward under this rule chapter shall promptly review its records of the case with the view of ascertaining whether any other informants may have any potential claim to the reward. The respective merits of the claims shall not be considered. If any other potential claimants can be identified and located, they shall be notified that a reward in which they may have an interest is being claimed. Thereafter it shall be the responsibility of the claimant(s) to pursue their own claims. In order to give all claimants an opportunity to present their claims, however, the prosecutor shall not endorse any claim until sixty days after the first claim in the case was presented to the law enforcement agency.

History

Specific Authority 943.03(4) FS. Law Implemented 790.164 FS. History–New 3-2-77, Formerly 11-2.03, Amended 7-29-01.

Fla. Admin. Code R. 11-2.004 Judicial Review

After the prosecuting officer has completed his endorsement, the claim with endorsements shall be returned to the claimant. Thereafter, the claimant must file a petition in the circuit court within whose jurisdiction the arrest or conviction occurred. The Claim of Reward, Law Enforcement Endorsement, and Prosecutor’s Endorsement prescribed in Rule 11-2.002, F.A.C., or documents containing substantially the same information, shall be made exhibits and incorporated into the pleadings. The state attorney for that circuit will be served and shall, respond to the suit on behalf of the State of Florida. Competing claims should be consolidated. The courts’ judgment or decree of eligibility for the reward, if any, shall be forwarded to the Florida Department of Law Enforcement, Office of General Counsel, P. O. Box 1489, Tallahassee, Florida 32302-1489.

History

Specific Authority 943.03(4) FS. Law Implemented 790.164 FS. History–New 3-2-77, Formerly 11-2.04, Amended 7-29-01, 11-5-02.

Fla. Admin. Code R. 11-2.005 Payment of Reward

Upon receipt of a judgment of decree of eligibility for reward under Section 790.164, F.S., the Florida Department of Law Enforcement shall ascertain whether funds are available in the deficiency fund. When funds are available or next become available, the claim shall be presented to the Governor and Cabinet at their next meeting.

History

Specific Authority 943.04(3) FS. Law Implemented 790.164 FS. History–New 3-2-77, Formerly 11-2.05.

Fla. Admin. Code R. 11-2.006 Construction and Alternative Procedure

This rule chapter shall not be construed to conflict with the Rule of Civil Procedure. Moreover, the Florida Department of Law Enforcement has no objection to and hereby authorizes an alternative procedure whereby claims for reward under Section 790.164, F.S., may be presented in proceedings ancillary to the criminal prosecution under Section 790.164, F.S., so long as the court is satisfied and specifically finds that all potential claimants of the reward have had notice and an adequate opportunity to present their claims.

History

Specific Authority 943.04(3) FS. Law Implemented 790.164 FS. History–New 3-2-77, Formerly 11-2.06.

Division 11C Division of Criminal Justice Information Systems

Chapter 11C-4 CRIME INFORMATION BUREAU; CRIMINAL HISTORY RECORDS; FINGERPRINTING AND REPORTS

Fla. Admin. Code R. 11C-4.001 Bureau Chief

History

Rulemaking Authority 120.53, 943.03, 943.05 FS. Law Implemented 20.04, 20.05, 20.201, 120.53, 943.03, 943.05 FS. History–New 11-28-75, Formerly 11C-4.01, Repealed 7-7-99.

Fla. Admin. Code R. 11C-4.002 Duties of Bureau

History

Rulemaking Authority 120.53, 943.03, 943.05 FS. Law Implemented 20.201, 120.53, 943.03, 943.05 FS. History–New 11-28-75, Amended 6-27-78, Formerly 11C-4.02, Repealed 7-7-99.

Fla. Admin. Code R. 11C-4.003 Arrest Fingerprint Card Submission

All law enforcement agencies of the State shall take the following action on all felony, misdemeanor, or comparable ordinance arrests of adults and on all felony and statutorily specified misdemeanor arrests of juveniles:

(1) Complete at the time of arrest an electronic submission of criminal arrest and fingerprint information containing legible quality fingerprint impressions, palm prints and facial images. Each arrest charge shall be reported using Florida Statutes chapter, section and subsection when available.

(2) A minor transferred for prosecution as an adult shall be fingerprinted and the notation, “Treat as an adult,” shall be recorded on the criminal arrest fingerprint card by the arresting agency or clerk of certifying court.

(3) Submit on a daily basis all completed fingerprint cards to: Florida Department of Law Enforcement, Attention: Florida Crime Information Bureau, Post Office Box 1489, Tallahassee, Florida 32302-1489.

(4) Contact the Department with any arrest submission inquiries at CJISBiometrics@fdle.state.fl.us.

History

Rulemaking Authority 943.03(4), 943.05(2)(d), 943.051(2) FS. Law Implemented 943.05, 943.051 FS. History–New 6-24-76, Amended 6-27-78, Formerly 11C-4.03, Amended 7-7-99, 3-21-07, 6-9-08, 3-13-13, 5-29-14, Technical Change 5-13-26.

Fla. Admin. Code R. 11C-4.004 Criminal Justice Information Services Procedural Manual

History

Rulemaking Authority 943.03(4), 943.05(2)(d), 943.051 FS. Law Implemented 943.05, 943.051 FS. History–New 6-24-76, Amended 6-27-78, 3-18-85, Formerly 11C-4.04, Amended 7-7-99, Repealed 3-21-07.

Fla. Admin. Code R. 11C-4.005 Deceased Notification Submission

History

Rulemaking Authority 943.03(4), 943.05(2)(d) FS. Law Implemented 406.145, 943.05, 943.051 FS. History–New 6-24-76, Formerly 11C-4.05, Amended 7-7-99, Repealed 5-21-12.

Fla. Admin. Code R. 11C-4.006 Final Disposition Reporting

(1) Law enforcement agencies, units of government responsible for jail facilities, clerks of the court, Department of Corrections and Department of Juvenile Justice shall submit disposition data on criminal arrests, pretrial dispositions, trials, sentencing, confinement, parole and probation.

(2) Responsibility for completing and forwarding the final disposition report to the Department for arrests prior to January 1, 1988, may reside with an arresting agency, prosecuting authority or clerk of the court, according to arrangements agreed upon by authorities within each county or municipality. For arrests occurring after January 1, 1988, the clerks of the court, within each county, are responsible for submitting final disposition information to the Department. The responsible agency shall submit disposition data to the Department for each arrest as soon as received.

(3) Agencies, and clerks of the court possessing the technical requirements to collect, process, store, and disseminate disposition data in an automated information management system shall submit disposition information to the Department using the automated submission software available on the Criminal Justice Network. Each court disposition charge shall be reported using Florida Statutes chapter, section and subsection when available.

(4) Contact the Department for information on how to access the disposition submission software at EDA@fdle.state.fl.us.

History

Rulemaking Authority 943.03(4), 943.052 FS. Law Implemented 943.052 FS. History–New 6-24-76, Amended 11-12-81, Formerly 11C-4.06, Amended 7-7-99, 6-9-08, 3-13-13, Technical Change 3-18-26.

Fla. Admin. Code R. 11C-4.0065 Orders of Executive Clemency; Disposition

History

Rulemaking Authority 943.03(4), 943.05(2)(d) FS. Law Implemented 943.05, 943.051 FS. History–New 11-12-81, Formerly 11C-4.065, Amended 7-7-99, Repealed 5-21-12.

Fla. Admin. Code R. 11C-4.007 Juvenile Offender Fingerprinting; Records

History

Rulemaking Authority 120.53, 943.03, 943.05 FS. Law Implemented 20.201, 120.53, 943.03, 943.05 FS. History–New 11-28-75, Amended 6-27-78, Formerly 11C-4.02, Repealed 7-7-99.

Fla. Admin. Code R. 11C-4.008 Uniform Crime Reports Guide Manual

All state, county, and municipal law enforcement agencies shall submit to the Florida Department of Law Enforcement uniform crime reports data setting forth their activities in connection with law enforcement as required by law. The form, general content, time, and manner of submission of such reports are set forth in the revised Florida Uniform Crime Reports Guide Manual dated July 2023 incorporated herein by reference and on file with the Secretary of State, http://www.flrules.org/Gateway/reference.asp?No=Ref-16783.

History

Rulemaking Authority 943.03(4), 943.05(2) FS. Law Implemented 943.05(2), 943.1702 FS. History–New 10-23-75, Formerly 11-2.01, Amended 7-4-79, Formerly 11C-2.03, Amended 3-11-92, Formerly 11C-2.003, Amended 7-7-99, 8-15-18, 7-22-24.

Fla. Admin. Code R. 11C-4.009 Uniform Arrest Affidavits and Reports

(1) A Uniform Probable Cause Affidavit, FDLE Form PCA 1 – March 2004, is hereby incorporated by reference and adopted for use by all law enforcement agencies in the State of Florida when making DUI arrests pursuant to Section 316.193, F.S.

(2) A Uniform Alcohol Influence Report, FDLE Form AIR 1 – March 2004, is hereby incorporated by reference and adopted for use by all law enforcement agencies in the State of Florida when making DUI arrests pursuant to Section 316.193, F. S.

(3) This rule shall not preclude the use of other probable cause affidavits or alcohol influence reports, and law enforcement agencies are authorized to supplement the Uniform Probable Cause Affidavit or the Uniform Alcohol Influence Report with additional affidavits and reports.

(4) Failure to use the Uniform Probable Cause Affidavit or the Uniform Alcohol Influence Report shall not prohibit prosecution of a person arrested for a violation of Section 316.193, F.S., and shall have no effect on the legality or validity of such arrest.

(5) The above referenced forms may be obtained by contacting the Florida Department of Law Enforcement, Alcohol Testing Program, P.O. Box 1489, Tallahassee, Florida 32302.

History

Rulemaking Authority 943.05(2)(d) FS. Law Implemented 316.193, 943.05(2) FS. History–New 7-27-04.

Fla. Admin. Code R. 11C-4.010 Criminal Justice Crime Data Reporting

All state, county, and municipal law enforcement agencies shall submit to the Florida Department of Law Enforcement (FDLE) incident-based crime and use-of-force data. The form, general content, time, and manner of submission of such reports are set forth in the FDLE Information Exchange Package Documentation (IEPD) available at http://www.flcjn.net/CJIS-Resources/Resources/FDLEIEPD.aspx, FDLE Interface Control Document (ICD) available at http://www.flcjn.net/CJIS-Resources/Resources/FDLE-ICD.aspx, Florida Incident Based Reporting System (FIBRS) and Use-of-Force (UoF) data dictionaries available at http://www.flcjn.net/CJIS-Resources/Resources/UCR-Resources/FIBRS-Reporting/FIBRS-and-UoF-Data-Dictionaries.aspx, and the Federal Bureau of Investigation National Incident-Based Reporting System User Manual available at https://le.fbi.gov/file-repository/nibrs-user-manual.pdf/view.

History

Rulemaking Authority 943.03(4), 943.05(2) FS. Law Implemented 943.05(2), 943.1702, 943.6872 FS. History–New 7-6-22, Amended 7-22-24.

Chapter 11C-6 CRIMINAL HISTORY RECORDS DISSEMINATION POLICY

Fla. Admin. Code R. 11C-6.001 Posture of Department and Other Agencies

History

Rulemaking Authority 120.53, 943.03 FS. Law Implemented 120.53, 943.05 FS. History–New 6-24-76, Formerly 11C-6.01, Repealed 7-7-99.

Fla. Admin. Code R. 11C-6.002 Present Policy

History

Rulemaking Authority 943.03, 943.05 FS. Law Implemented 943.05, 943.08 FS. History–New 6-24-76, Formerly 11C-6.02, Repealed 7-7-99.

Fla. Admin. Code R. 11C-6.003 System Security and Public Access

History

Rulemaking Authority 943.03(4), 943.05(2)(d), 943.053 FS. Law Implemented 119.07, 943.053 FS. History–New 12-9-76, Formerly 11C-6.03, Amended 7-7-99, Repealed 5-21-12.

Fla. Admin. Code R. 11C-6.004 Procedures for Requesting Criminal History Records

(1) Requests for Florida criminal history records contained in the systems of the Florida Department of Law Enforcement are to be requested through electronic means as provided by the Department or directed to the following address:

Florida Department of Law Enforcement

Criminal Justice Information Services

Applicant Services Unit

Post Office Box 1489

Tallahassee, Florida 32302-1489.

In order for the Department to respond to requests for Florida criminal history information, the person or entity who wishes to review or secure such information shall provide to the Department the subject’s full name, race, sex, and date of birth or approximate age. If available, the social security number may be provided.

(2) All requests will be subject to processing in the following declining order of priorities:

(a) Requests from law enforcement and criminal justice agencies for criminal justice purposes, including criminal justice agency applicant processing;

(b) Requests for a personal record review pursuant to Rule 11C-8.001, F.A.C.;

(c) Requests from the Judicial Qualifications Commission, the Governor, and the President of the Senate or the appropriate Senate standing committee, select committee or subcommittee thereof relating to the appointment of officers;

(d) Requests from non-criminal justice agencies having specific statutory authority to receive criminal history information;

(e) Requests from other governmental agencies relying upon the Public Records Law (Chapter 119, F.S.);

(f) Requests from private individuals, businesses or organizations relying upon the Public Records Law.

(3) Fees.

(a) There shall be no charge for conducting record checks under paragraphs (2)(a) through (c).

(b) As provided in Section 943.053(3)(e), F.S., a processing fee of $24 shall be charged for each subject inquired upon under paragraphs (2)(d) through (f), except that the fee for the guardian ad litem program, and vendors of the Department of Children and Families, the Department of Juvenile Justice, the Agency for Persons with Disabilities, and the Department of Elder Affairs shall be $8 for each name submitted; the fee for a state criminal history provided for application processing as required by law to be performed by the Department of Agriculture and Consumer Services shall be $15 for each name submitted; and the fee for requests under Section 943.0542, F.S., which implements the National Child Protection Act of 1993(NCPA), as amended, shall be $18 for each volunteer name submitted. The state offices of the Public Defender or an office of criminal conflict and civil regional counsel shall not be assessed a fee for Florida criminal history information or wanted person information.

(c) The processing fee charged for each subject inquired upon via the internet shall be the fee authorized for inquiries from persons in the private sector in Section 943.053(3), F.S. This fee shall be assessed based on the inquiry regardless of whether the results show no criminal history record(s) or some possible record(s). When an inquiry on one subject is made and more than one person is presented as possibly the same person, the customer will receive one criminal history record as a result of the prescribed payment. If the customer wants additional criminal history records from the list of persons presented for this same inquiry, a processing fee of $24 shall be charged for each additional criminal record. An additional credit card processing fee may apply.

(d) Payment methods for criminal history record inquiries are as follows:

Criminal history record requests submitted in writing shall be payable by check or money order. Payments remitted by check are subject to the following requirements: Checks shall be payable to the Florida Department of Law Enforcement and shall be payable only in United States dollars in the proper amount; there must be sufficient funds in the account to cover the entire cost of the record check(s); the check cannot be a starter (temporary/counter) check; the check must contain a check number; the check amount and line amount must match; the check date cannot be dated older than ninety (90) days; the check’s address must be included (pre-printed) on the check and cannot be handwritten or altered (including stickers/mailing labels); the payor’s signature must match the pre-printed name on the check, unless the check is from a company/business account; the check cannot be previously endorsed (signed or marked on the back). Payments remitted by money order are subject to the following requirements: Money orders must be payable to the Florida Department of Law Enforcement and shall be payable only in United States dollars in the proper amount; the money order must be dated, not to be older than one (1) year; the money order cannot be previously endorsed (signed or marked on the back).
Criminal history record requests submitted electronically shall be payable by debit or credit card.
Agencies or entities invoiced for criminal history record checks shall submit payment for invoices by check, money order or journal transfer.

(4) Entities applying to the Florida Department of Law Enforcement to be qualified to receive criminal history records under the NCPA of 1993, as amended, must first complete and submit the following documents to the Florida Department of Law Enforcement, in accordance with the instructions provided: VECHS Application for Qualified Entities (NCPA 1; Rev. November 2025, hereby incorporated by reference http://flrules.org/Gateway/reference.asp?No=Ref-19385). Entities that are qualified through the Florida Department of Law Enforcement to receive criminal history records under the NCPA must have their employees, volunteers, contractors, and vendors submit fingerprints electronically for each person to the Florida Department of Law Enforcement for each request for a criminal history record check. An employee means any person who receives remuneration from an employer for the performance of any work or service while engaged in any employment under any appointment or contract for hire or apprenticeship, express or implied, oral or written, this includes, persons who are being paid by the qualified entity as a contractor, a subcontractor, or a business or individual providing services as a vendor, shall qualify as an employee for this purpose. A volunteer shall be defined as any person who, of his or her own free will, provides goods or services, to any qualified entity, with no monetary or material compensation. Qualified entities that release to another qualified entity any criminal history record information received pursuant to the NCPA must complete and maintain the following document, in accordance with the instructions provided: VECHS Dissemination Log – Volunteer & Employee Criminal History System (NCPA 4, Rev. July 2025, http://flrules.org/Gateway/reference.asp?No=Ref-19386).

History

Rulemaking Authority 943.03(4), 943.053(3), 943.0542, 943.056 FS. Law Implemented 943.053(3), 943.0542, 943.056 FS. History–New 12-30-76, Amended 11-7-83, Formerly 11C-6.04, Amended 9-1-88, 4-1-93, 7-7-99, 8-22-00, 7-29-01, 12-3-03, 6-9-08, 6-3-10, 5-21-12, 3-13-13, 5-29-14, 9-4-16, 7-19-17, 8-15-18, 7-6-22, 8-30-23, 7-22-24, 4-9-25, 6-4-26.

Fla. Admin. Code R. 11C-6.005 Access to Criminal Justice Information for Research or Statistical Purposes

(1) Each request of the Department of Law Enforcement for criminal justice information for research or statistical purposes shall be processed through the Director’s Office of the Division of Criminal Justice Information Systems.

(2)(a) All requests shall be made in writing and directed to:

Florida Department of Law Enforcement

Division of Criminal Justice Information Services

Director’s Office

Post Office Box 1489

Tallahassee, Florida 32302-1489

Or shall be submitted electronically to: FSAC@fdle.state.fl.us

(b) All requests shall contain the name, address, and telephone number of the applicant; a brief summary of the project; the type of criminal justice information desired; and the intended use for the criminal justice information.

(3) Requests shall be processed on a priority basis for:

(a) Criminal Justice Agencies;

(b) Noncriminal Justice Government Agencies;

(4) All requests will be evaluated by the Director of the Division of Criminal Justice Information Services or the Director’s designated assistant for the feasibility of compliance.

(5) If criminal justice information cannot be provided to the applicant as requested, written notice will be forwarded to the applicant within 21 days after receipt of the request, explaining why it is not feasible.

(6)(a) If the request can be met, written notice will be forwarded to the applicant within 21 days after receipt of the request and the applicant will be required to enter privacy and security agreement with the Department of Law Enforcement.

(b) The privacy and security agreement is intended to assure that criminal justice information disseminated for use in a research or statistical project is used only for the purpose stated in the original request.

(7) The privacy and security agreement should be completed and returned to the Division of Criminal Justice Information Services. The Division will complete the request as soon as practical upon receipt of the documents.

(8) Criminal justice information which has been sealed upon order of a court of competent jurisdiction will be disseminated only in accordance with applicable law.

(9) A processing fee shall be charged unless the Executive director of the department determines that the requested information would be in the interest of law enforcement or criminal justice.

History

Rulemaking Authority 943.03(4), 943.053(1), 943.057 FS. Law Implemented 119.07, 943.0525, 943.053, 943.057 FS. History–New 11-12-81, Formerly 11C-6.05, Amended 7-7-99, 7-22-24, Technical Change 10-29-25.

Fla. Admin. Code R. 11C-6.006 Facsimile Transmission

History

Rulemaking Authority 943.03(3), 943.05(2)(e) FS. Law Implemented 943.05(2)(a) FS. History–New 11-12-81, Formerly 11C-6.06, Repealed 7-7-99.

Fla. Admin. Code R. 11C-6.007 Record Validation

History

Rulemaking Authority 943.03(3), 943.05(2)(e) FS. Law Implemented 943.05(2)(a) FS. History–New 11-12-81, Formerly 11C-6.07, Amended 6-9-87, Repealed 7-7-99.

Fla. Admin. Code R. 11C-6.008 User Agreements

History

Rulemaking Authority 943.03(3), 943.05(2)(e) FS. Law Implemented 943.0525 FS. History–New 11-12-81, Formerly 11C-6.08, Repealed 7-7-99.

Fla. Admin. Code R. 11C-6.009 Sale and Delivery of Firearms

(1) For a federally licensed firearm dealer (including licensed firearm importers, licensed firearm manufacturers and licensed firearm dealers pursuant to Title 27, C.F.R., Part 178) to complete a firearm transaction to another person, other than a licensed importer, licensed manufacturer, licensed dealer or licensed collector, a United States Treasury Department, Bureau of Alcohol, Tobacco and Firearms (ATF) form ATF F-4473 [5300.9] (August 2023) (Firearms Transaction Record) incorporated here by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-16784, must be completed. These forms are available from the ATF Distribution Center, 7943 Angus Court, Springfield, Virginia 22153. The completion of the ATF F-4473 [5300.9] (August 2023) form must comply with Title 27, C.F.R. Part 178, Section 178.124, and with Section 790.065, F.S.

(2) Section B of the ATF F-4473 [5300.9] (August 2023) form must be completed by the potential buyer or transferee. The dealer must ensure that Section B is completed by the buyer prior to the dealer contacting the Florida Department of Law Enforcement (FDLE). In addition to the above requirements, the social security number of the potential buyer or transferee may be recorded in the Social Security Number block of ATF F-4473 [5300.9] Section B (August 2023) form. The dealer is required to advise the potential buyer that the disclosure of his or her social security number is voluntary, of the authority for the disclosure, and of the use to be made of the number.

(3) All federally licensed importers, licensed manufacturers, and licensed firearm dealers in Florida who intend to sell a firearm to another non-licensed person must provide dealership information to the FDLE and obtain an identification number and a toll-free telephone number. The identification number and toll-free telephone number must be used only by or for the dealer and must be used to obtain an approval number before a firearm can be transferred.

(4) The dealer must collect a $5.00 non-refundable processing fee from the potential buyer or transferee before the processing of a criminal history record check of the state and national record systems will be accomplished.

(5) Using the provided toll-free telephone number or by other electronic means in addition to the telephone, the dealer must contact FDLE immediately prior to each transaction involving the transfer of one or more firearms to obtain an approval number to complete the firearm transaction. The dealer will provide the dealer’s identification number and all identification data of the potential buyer/transferee as contained on ATF form F-4473 [5300.9] Section B (August 2023) to FDLE.

(6) Based on the status of the criminal history record, FDLE will provide an approval or non-approval number to the dealer during the call or within the specified time frame as contained in Sections 790.065 and 790.0655, F.S. Unless compliance with the requirements of this section is excused as provided in Section 790.065(10), F.S., if the dealer has not received an approval or non-approval number from FDLE within the time frame specified, the dealer must contact FDLE to inquire about the status of the request for approval, prior to completing the transaction. The approval number is valid for a single transaction and for a period not to exceed thirty calendar days after receipt of the number. Multiple firearms may be transferred in this transaction.

(7) The dealer will record the decision and number provided by FDLE in the box in the top right corner labeled, Transferor’s/Seller’s Transaction Number and in the NICS or State transaction number block of ATF form F-4473 (5300.9) Section C (August 2023). When the transaction is approved, the dealer should complete Section C of the ATF form F-4473.

(8) To any potential buyer or transferee intending to formally appeal a non-approval decision, the dealer will provide a Firearm Purchase Program Non-Approval Appeal Form (form number FDLE 40-020, Rev. July 2019), incorporated herein by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-16816, and on file with Secretary of State, that must be completed by the dealer and the potential buyer or transferee. The potential buyer or transferee must take the form to a law enforcement agency, be fingerprinted there, and return the Firearm Purchase Program Non-Approval Appeal form and fingerprints to FDLE within 60 calendar days. Using the procedures as described in Chapter 11C-8, F.A.C., FDLE will process the formal appeal request. A copy of the appeal form can be found on the FDLE website at https://www.fdle.state.fl.us/FPP/Documents/Appeal-Form.aspx or will be provided by FDLE to dealers upon request. Such requests should be directed to:

Florida Department of Law Enforcement

Firearm Eligibility Bureau

Post Office Box 1489

Tallahassee, Florida 32302-1489

Telephone Number: (850)410-8139

Email: FPP@fdle.state.fl.us

As an alternative to this procedure, if the non-approval is based on an erroneous record provided by the FBI, the potential buyer or transferee may at any time appeal his non-approval directly to the FBI, as authorized by Title 28, C.F.R., Section 25.10.

(9) Each month, FDLE will provide the dealer with an invoice of the fees due FDLE. Payment must be made by electronic means or by a business or personal check, money order, or cashier’s check payable to FDLE. Payment must include a reference to the invoice number in order to be correctly credited. Payments must be in U.S. dollars only.

(10) Questions about invoices received should be directed to:

Florida Department of Law Enforcement

Office of Financial Management

Post Office Box 1489

Tallahassee, Florida 32302-1489

Telephone Number: (850)410-7156

Email: FDLEAccountsReceivable@fdle.state.fl.us

(11) Payment returned for any reason will be subject to the service fee as provided by Section 215.34, F.S. Failure to pay the amount of the returned payment plus the service fee by the date specified by FDLE will result in the termination of services provided by FDLE, until all outstanding fees are paid in full. Dealers who dispute electronic charges as a means of avoiding or delaying payment of an invoice, as evidenced by a pattern of this activity; dealers who are suspected of engaging in fraudulent use of credit card, debit card, or other electronic payment means; and dealers found using a customer’s credit card, debit card or electronic fund transfer information to directly pay invoices from FDLE may have electronic payment privileges revoked.

(12) An invoice for processing fees that is not paid within 15 days after the due date will result in the termination of services provided by FDLE. Services will be reactivated when all past due invoices are paid in full and payment is received by FDLE.

(13) All records where the transfer was approved must be maintained by dealers for 20 years as required by Title 27, C.F.R., Part 178. All records where the transfer was non-approved must be kept by dealers in a secure area and kept confidential for five (5) years. This would include the dealers’s copy of the ATF Form F-4473 [5300.9] (August 2023) where the transfer of a firearm was non-approved. Records must be made available to federal, state, county and municipal law enforcement agencies in connection with their official duties upon request during business hours or other reasonable times if the dealer has no regular business hours.

(14) All records created by FDLE to conduct the criminal history record check shall be maintained in a secure area and shall be accessible only to authorized persons. Paper documents shall be shredded and computer records shall be automatically purged and destroyed in the time frames established in Section 790.065, F.S.

(15) Dealers who sell firearms from their inventory at gun shows in Florida must obtain approval numbers from FDLE before the transactions are completed. Out-of-state dealers (at gun shows) must comply with all federal and state laws, rules and regulations when transferring a firearm in Florida.

(16) Nonpayment or delayed payment of the processing fee by the potential buyer or transferee will be resolved by the dealer and the potential buyer or transferee. Dealers will be responsible to FDLE for payment for all record checks initiated using their identification number, whether a firearm is transferred or not.

(17) Firearms that are rented for a specific purpose and do not leave the premises, do not require an approval number. Firearms returned or replaced for repairs that are claimed by the owner of the firearms do not require an approval number. All pawned or consigned firearms require an approval number prior to transfer.

(18) Dealers are required to notify FDLE of any changes in their business or mailing address, electronic mail address (e-mail), telephone number, or federal license status. Failure to do so will result in the dealer’s identification number being suspended. When the correct address(es) and telephone number can be verified, and all outstanding invoices satisfied, service can be reinstated. Dealers with an expired federal license will not be able to process transactions. Dealers must have a valid active telephone number on file with FDLE that is answered during regular business hours.

(19) FDLE will provide a licensed dealer with a new identification number when the dealer believes that unauthorized use has been or may be made of that dealer’s current identification number. It is the responsibility of the dealer to maintain the confidentiality of the assigned identification number, username, and password and not release the toll-free telephone number.

(20) Any questions regarding these procedures for the sale and delivery of firearms or appeal of non-approval should be directed to:

Florida Department of Law Enforcement

Firearm Eligibility Bureau

Post Office Box 1489

Tallahassee, Florida 32302-1489

Telephone Number: (850)410-8139

Email: FPP@fdle.state.fl.us

History

Rulemaking Authority 790.065, 943.03(4) FS. Law Implemented 790.065, 790.0655 FS., Title 18, U.S.C., Chapter 44, and Title 27, C.F.R., Part 178. History–New 6-2-91, Amended 7-7-99, 8-22-00, 12-18-00, 11-5-02, 7-29-15, 9-4-16, 7-19-17, 8-15-18, 7-9-19, 5-5-20, 8-30-23, 7-22-24, 4-9-25.

Fla. Admin. Code R. 11C-6.010 Retention of Applicant Fingerprints

(1) Upon official written request from an agency executive director, secretary, or designee, or from a qualified entity under Section 943.0542, F.S., subject to the conditions specified in Sections 943.05(2)(g) and (h), F.S., or as otherwise required by law, the Florida Department of Law Enforcement shall enter and retain in the Biometric Identification Solution (BIS) system the applicant fingerprints submitted for state and national criminal history checks by such agencies or entities to participate in the Applicant Fingerprint Retention and Notification Program (AFRNP) for current and prospective employees, contractors, volunteers, and persons seeking to be licensed or certified.

(2) Such applicant fingerprints shall be submitted in an electronic format for entry into BIS, and shall be retained. Without regard to whether an applicant fingerprint entry is retained in BIS, data from an applicant fingerprint entry which would improve the quality or clarity of an arrest fingerprint entry will be merged with the arrest fingerprints, and the applicants fingerprints retained. An applicant fingerprint entry which is found to match a latent fingerprint taken from a crime scene will be retained as part of the criminal history database, unless an arrest fingerprint offers a match that is at least as demonstrable.

(3) Agencies or entities submitting applicant fingerprints upon request or as required by law shall notify individual applicants of the requirements of participation in the AFRNP.

(4) When the subject of retained fingerprints is identified with fingerprints from an incoming Florida arrest, as confirmed by fingerprint comparison, the Department shall immediately advise the agency which submitted the applicant fingerprints of the arrest by means of an electronic notification.

(5) The annual fee for participation in the AFRNP shall be $6 per individual record retained. The fee is charged on the anniversary month of the applicant’s initial entry into the program.

(6) The initial entry of an applicant’s fingerprints into BIS must be accompanied by a state or a state and national criminal history records check. There is no additional fee for the first year of participation in the program. For each succeeding year, the $6 per record annual fee shall be charged.

(7) Noninstructional contractors who are subject to criminal history checks and whose fingerprints are retained in the AFRNP for five (5) years under Sections 1012.467, and 435.12, F.S., shall pay the prescribed fee for the five (5) year retention period at the initial submission of fingerprints.

(8) As a condition of participation in the AFRNP, the agency or qualified entity must inform the Department in writing or electronically and receive written confirmation from the Department of all persons with retained fingerprints who are no longer employed, licensed, certified, or otherwise associated with the agency in order that such persons may be removed from the AFRNP. It is the responsibility of the participating agency or qualified entity to regularly review their retained applicants and promptly remove any retained applicant(s) from the database upon their separation of service.

History

Rulemaking Authority 943.05(2)(g), (h), 1012.32(3), 1012.465, 1012.56 FS. Law Implemented 251.002, 435.12, 496.4101(3)(c), 550.105(10)(c), 551.107(7)(c), 559.555(2)(c)3., 560.141(1)(c)3., 744.3135(4)(b), 943.13(5), 985.644(3)(c), 1002.395(6)(b)3., 1002.421(3)(a), 1012.32(3), 1012.465, 1012.467, 1012.56, 381.986, 381.988, 493.6105 FS. History–New 11-30-04, Amended 6-9-08, 9-28-09, 5-21-12, 9-4-16, 4-9-25.

Chapter 11C-7 CRIMINAL HISTORY RECORDS; EXPUNCTION AND SEALING POLICY AND PROCEDURES

Fla. Admin. Code R. 11C-7.001 Policy Governing Court-Ordered Expunction and Sealing

History

Rulemaking Authority 943.03, 943.05(2)(e) FS. Law Implemented 943.058 FS. History–New 6-24-76, Amended 11-12-81, Formerly 11C-7.01, Repealed 8-3-92.

Fla. Admin. Code R. 11C-7.002 Procedure on Court-Ordered Expunctions

History

Rulemaking Authority 943.03, 943.05, 943.058 FS. Law Implemented 943.058 FS. History–New 6-24-76, Amended 11-12-81, Formerly 11C-7.02, Repealed 8-3-92.

Fla. Admin. Code R. 11C-7.003 Administrative Expunction

History

Rulemaking Authority 943.03, 943.05, 943.08 FS. Law Implemented 943.03, 943.05, 943.08 FS. History–New 6-24-76, Formerly 11C-7.03, Repealed 12-9-76.

Fla. Admin. Code R. 11C-7.0035 Administrative Expunction

History

Rulemaking Authority 943.03, 943.05(2)(e) FS. Law Implemented 943.058 FS. History–New 11-12-81, Formerly 11C-7.035, Repealed 8-3-92.

Fla. Admin. Code R. 11C-7.004 Federal Criminal History Records

History

Rulemaking Authority 943.03, 943.05, 943.08 FS. Law Implemented 943.05, 943.08 FS. History–New 6-24-76, Formerly 11C-7.04, Repealed 8-3-92.

Fla. Admin. Code R. 11C-7.005 Policies Governing Court-Ordered Expunctions

History

Rulemaking Authority 943.03, 943.0585, 943.059 FS. Law Implemented 943.0585, 943.059 FS. History–New 8-5-92, Formerly 11C-7.01, Repealed 7-7-99.

Fla. Admin. Code R. 11C-7.006 Procedures on Court-Ordered Expunctions

(1) Prior to petitioning the court to expunge a criminal history record, the subject must apply to the Department for a certificate of eligibility for expunction. The application packet for the certificate of eligibility must include:

(a) A money order, cashier’s check, certified check, personal check or business check for $75.00 made payable to the Florida Department of Law Enforcement. This processing fee is non-refundable, regardless of the results of the certification review. A fee waiver may be granted by the Executive Director of the Department upon submission of a written request and in his determination that the waiver is in the best interests of criminal justice.

(b) A completed Application for Certification of Eligibility. The subject must complete section A of the application. The Application for Certification of Eligibility (form number FDLE 40-021, rev. June 2021), which is hereby incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-14423, may be obtained from:

The Clerk of the Court, or
Florida Department of Law Enforcement

Seal and Expunge Section

Post Office Box 1489

Tallahassee, Florida 32302-1489

Email: SEINFO@fdle.state.fl.us

Telephone Number: (850)410-7870

Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home

(c) The appropriate state attorney or statewide prosecutor may provide the required written certified statement by completing section B of the Application for Certification of Eligibility.

(d) A legible set of fingerprints recorded on an FBI Applicant Fingerprint Card (FD-258, rev. 03/10) or FDLE fingerprint sheet. Fingerprints may not be submitted to FDLE by electronic means. The fingerprinting must be taken by a law enforcement agency or by a vendor engaged in the business of providing electronic fingerprint submissions which has an agreement in place with FDLE pursuant to Section 943.053(13), F.S. The subject must pay any fees required by the law enforcement agency or vendor for providing this service. The fingerprint card must contain all required identifying data. If a copy of the Applicant Fingerprint Card or FDLE fingerprint sheet is needed, it may be obtained from:

The Clerk of the Court, or
Florida Department of Law Enforcement

Seal and Expunge Section

Post Office Box 1489

Tallahassee, Florida 32302-1489

Email: SEINFO@fdle.state.fl.us

Telephone Number: (850)410-7870

Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home

(e) A certified copy of the disposition of the charge(s) to which the Application for Certificate of Eligibility to expunge pertains. The subject should obtain this document from the Clerk of the Court in the appropriate jurisdiction. The subject must pay any fees required by the Clerk of the Court for providing this service.

(2) The complete application packet should be mailed or delivered to Florida Department of Law Enforcement, ATTN: Seal and Expunge Section, Post Office Box 1489, Tallahassee, Florida 32302-1489.

(3) If the application packet is incomplete, the Department will not process it. The incomplete packet, along with the processing fee, will be returned to the subject with an indication as to the reason for non-acceptance. It will be the subject’s responsibility to obtain the missing information and return the complete packet to the Department.

(4) If the application packet is complete, the Department will review the submitted information and the subject’s criminal history record to determine if the specified record meets the requirements for expungement, which are listed in Section 943.0585, F.S. Questions regarding the status of the review should be directed to the Seal and Expunge Section at (850)410-7870.

(5) The Department will send the subject a Certificate of Eligibility (form number FDLE 40-030, revised December 2020, if the specified criminal history record meets the requirements for expunction. If the specified criminal history record does not meet the requirements for expunction, the Department will send the subject a letter stating the reason for ineligibility with an explanation of appeal rights.

(6) Upon receipt of a certified court order to expunge a criminal history record, the arresting agency shall:

(a) Make a positive association between the individual and the arrest covered by the court order and the arrest record generated by it; if the arrest record can be identified within the agency’s records;

(b) Forward the Certificate of Eligibility, a certified copy of the court order, and a letter of transmittal to the Department. The letter of transmittal shall make specific reference to identifying information, including:

Name;
Alias/Maiden Name(s);
Date of Birth;
Social Security Number (If Available);
Date or Dates of Arrest;
Arrest Number or Numbers and Original Charges;
FDLE Number and FBI Number (If Known).

The letter of transmittal shall be signed by the chief law enforcement officer of the agency or the authorized designee.

History

Rulemaking Authority 943.03(4), 943.0585(2) FS. Law Implemented 943.0585 FS. History–New 8-5-92, Amended 7-7-99, 8-22-00, 6-9-08, 6-3-10, 7-29-15, 7-9-19, 5-5-20, 5-20-21, 7-6-22, 8-30-23.

Fla. Admin. Code R. 11C-7.007 Procedures on Court-Ordered Sealings

(1) Prior to petitioning the court to seal a criminal history record, the subject must apply to the Department for a certificate of eligibility for sealing. The application packet for the certificate of eligibility must include:

(b) A completed Application for Certification of Eligibility. The subject must complete section A of the application. The Application for Certification of Eligibility (form number FDLE 40-021, rev. June 2021 and incorporated by reference) https://www.flrules.org/Gateway/reference.asp?No=Ref-14424, may be obtained from:

The Clerk of the Court, or
Florida Department of Law Enforcement

Seal and Expunge Section

Post Office Box 1489

Tallahassee, Florida 32302-1489

Email: SEINFO@fdle.state.fl.us

Telephone Number: (850)410-7870

Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home

(c) A legible set of fingerprints recorded on an FBI Applicant Fingerprint Card (FD-258, rev. 03/10) or FDLE fingerprint sheet. Fingerprints may not be submitted to FDLE by electronic means. The fingerprinting must be taken by a law enforcement agency or by a vendor engaged in the business of providing electronic fingerprint submissions which has an agreement in place with FDLE pursuant to Section 943.053(13), F.S. The subject must pay any fees required by the law enforcement agency or vendor for providing this service. The fingerprint card must contain all required identifying data. If a copy of the Applicant Fingerprint Card or FDLE fingerprint sheet is needed, it may be obtained from:

The Clerk of the Court, or
Florida Department of Law Enforcement

Seal and Expunge Section

Post Office Box 1489

Tallahassee, Florida 32302-1489

Email: SEINFO@fdle.state.fl.us

Telephone Number: (850)410-7870

Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home

(d) A certified copy of the disposition of the charge or charges to which the Application for Certificate of Eligibility to seal pertains. The subject should obtain this document from the Clerk of the Court in the appropriate jurisdiction. The subject must pay any fees required by the Clerk of the Court for providing this service.

(2) The complete application packet should be mailed or delivered to Florida Department of Law Enforcement, ATTN: Seal and Expunge Section, Post Office Box 1489, Tallahassee, Florida 32302-1489.

(4) If the application packet is complete, the Department will review the submitted information and the subject’s criminal history record to determine if the specified record meets the requirements for sealing, which are listed in Section 943.059, F.S. Questions regarding the status of the review should be directed to the Seal and Expunge Section at (850)410-7870.

(5) The Department will send the subject a Certificate of Eligibility (form number FDLE 40-029, revised December 2020), if the specified criminal history record meets the requirements for sealing. If the specified criminal history record does not meet the requirements for sealing, the Department will send the subject a letter stating the reason for ineligibility with an explanation of appeal rights.

(6) Upon receipt of a certified court order to seal a criminal history record, the arresting agency shall:

Name;
Alias/Maiden Names;
Date of Birth;
Social Security Number (If Available);
Date or Dates of Arrest;
Arrest Number or Numbers and Original Charges;
FDLE Number and FBI Number (If Known).

The letter of transmittal shall be signed by the chief law enforcement officer of the agency or the authorized designee.

History

Rulemaking Authority 943.03(4), 943.059(2) FS. Law Implemented 943.059 FS. History–New 8-5-92, Amended 7-7-99, 8-22-00, 6-9-08, 6-3-10, 7-9-19, 5-5-20, 5-20-21, 7-6-22, 8-30-23.

Fla. Admin. Code R. 11C-7.008 Administrative Expunction Procedures

(1) Non-judicial records of arrest made contrary to law or by mistake will be administratively expunged by the Department, upon application by the arresting law enforcement agency, or by the person arrested or, in the case of a minor child, the parent or legal guardian of the minor person arrested. An application submitted by the person arrested or the parent or legal guardian of the minor person arrested, shall be supported by the endorsement of the head or chief law enforcement officer of the arresting agency or of the state attorney of the judicial circuit in which the arrest occurred.

(2) Application for administrative expunction requires either that the arresting law enforcement agency has determined that the arrest was made contrary to law or by mistake; or that a court of competent jurisdiction has entered a final order finding that the arrest was made contrary to law or by mistake.

(3) An application for administrative expunction must be in writing. If submitted by the arresting law enforcement agency, the application shall be on agency letterhead, and signed by the head or chief law enforcement officer of the arresting agency or his or her authorized designee. An application submitted by the person arrested or the parent or legal guardian of the minor person arrested, must be in writing and must identify the relationship of the person signing the application to the person arrested.

(4) A supporting endorsement of an application submitted by the person arrested or the parent or legal guardian of the minor person arrested, must be in writing, on agency letterhead, and signed by the head or chief law enforcement officer of the arresting agency or his or her authorized designee or by the state attorney of the judicial circuit in which the arrest occurred or his or her authorized designee.

(5) An application for administrative expunction submitted by the arresting law enforcement agency, or the supporting endorsement in the case of an application submitted by the person arrested or the parent or legal guardian of the minor person arrested, shall identify the arrest to be expunged by providing the following information. Written documents related to administrative expunctions shall make specific reference to identifying information, including:

(a) Name and Aliases;

(b) Sex and Race;

(d) Social Security Number (if available, used for identification – not mandatory);

(e) Date and Time of Arrest;

(f) Original Charges(s);

(g) FDLE Number and FBI Number (if applicable and known);

(h) OBTS Number;

(i) Reason for Administrative Expunction;

(6) If the person was arrested on a warrant, capias, or pick-up order, the request for an administrative expunction, or the supporting endorsement of an application submitted by the person arrested or the parent or legal guardian of the minor person arrested, may be made by the sheriff of the county where the warrant, capias, or pick-up order was issued or his or her designee, or by the state attorney of the judicial circuit where the warrant, capias, or pick-up order was issued or his or her designee.

(7) When an administrative expunge application meets the statutory requirements, the Department will notify the arresting agency, which is then responsible for expunging its records of the arrest, and for notifying any other agency to which it provided the criminal history record information that is the subject of the administrative expunction.

(8) No application or endorsement made under this section shall be admissible as evidence in any judicial or administrative proceeding or otherwise be construed in any way as an admission of liability in connection with an arrest.

(9) The procedures by which an individual may secure an administrative correction of the criminal history record pertaining to the individual are set out in Chapter 11C-8, F.A.C. Non-criminal arrest records which are mistakenly or improperly forwarded to the Department for processing and retention as criminal history records will be removed as an administrative correction by the Department.

History

Rulemaking Authority 943.03, 943.0581 FS. Law Implemented 943.0581 FS. History–New 8-5-92, Amended 3-21-07, 4-16-09.

Fla. Admin. Code R. 11C-7.009 Procedures on Juvenile Diversion Expunctions

(1) A minor who has successfully completed a diversion program as authorized by Section 985.125, F.S., which program satisfies the requirements found at Section 943.0582, F.S., may apply directly to the Department for expunction of the minor’s juvenile nonjudicial arrest record. The application packet for the Juvenile Diversion Expunction must include:

(a) A completed Application for Juvenile Diversion Expunction. The subject must complete section A of the application. The Application for Juvenile Diversion Expunction, form number FDLE 40-025 (rev. July 2022), hereby incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-15824, may be obtained from:

The Clerk of the Court, or
Florida Department of Law Enforcement

Seal and Expunge Section

Post Office Box 1489

Tallahassee, Florida 32302-1489

Email: SEINFO@fdle.state.fl.us

Telephone Number: (850)410-7870

Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home

(b) The state attorney must provide the required written certification statement by completing section B of the Application for Juvenile Diversion Expunction.

(c) A legible set of fingerprints recorded on an FBI Applicant Fingerprint Card (FD-258) (rev. 03/10) or FDLE fingerprint sheet. Fingerprints may not be submitted to FDLE by electronic means. The fingerprinting must be taken by a law enforcement agency or by a vendor engaged in the business of providing electronic fingerprint submissions which has an agreement in place with FDLE pursuant to Section 943.053(13), F.S. The subject must pay any fees required by the law enforcement agency or vendor for providing this service. The fingerprint card must contain all required identifying data. If a copy of the Applicant Fingerprint Card or the FDLE fingerprint sheet is needed, it may be obtained from:

The Clerk of the Court, or
Florida Department of Law Enforcement

Seal and Expunge Section

Post Office Box 1489

Tallahassee, Florida 32302-1489

Email: SEINFO@fdle.state.fl.us

Telephone Number: (850)410-7870

Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home

(2) The complete application packet should be mailed or delivered to Florida Department of Law Enforcement, ATTN: Seal and Expunge Section, Post Office Box 1489, Tallahassee, Florida 32302-1489.

(3) If the application packet is incomplete the Department will not process it. The incomplete packet, will be returned to the subject with an indication as to the reason for non-acceptance. It will be the subject’s responsibility to obtain the missing information and return the complete packet to the Department.

(4) If the application packet is complete, the Department will review the submitted information and the minor subject’s criminal history record to determine if the application and the specified record meet the requirements for Juvenile Diversion Expunction, which are listed in Section 943.0582, F.S. Questions regarding the status of the review should be directed to the Seal and Expunge Section at (850)410-7870.

(5) The Department will expunge the minor subject’s juvenile arrest record if the application and the specified criminal history record meet the requirements for Juvenile Diversion Expunction, and will notify the minor subject or his or her parent or legal guardian and the arresting agency of this action. Such expunction shall be as defined at Section 943.0582(2), F.S. If the application and the specified criminal history record do not meet the requirements for Juvenile Diversion Expunction, the Department will send the subject or his or her parent or legal guardian a letter stating the reason for ineligibility with an explanation of appeal rights.

(6) Upon receipt of notification from the Department that the minor subject’s record has been expunged pursuant to Section 943.0582, F.S., the arresting agency shall make a positive association between the individual and the arrest covered by the Department’s notification letter and seal the arrest record as specified at Section 943.0582(2)(b), F.S., if the arrest record can be identified within the agency’s records.

History

Rulemaking Authority 943.0582 FS. Law Implemented 943.0582 FS. History–New 11-5-02, Amended 6-9-08, 5-29-14, 7-20-17, 7-9-19, 5-5-20, 5-20-21, 7-6-22, 8-30-23.

Fla. Admin. Code R. 11C-7.010 Procedures on Early Juvenile Expunction

(1) A person who has not been committed to a juvenile correctional facility or juvenile prison under Chapter 985, F.S., may apply directly to the Department to have his or her juvenile criminal history record expunged, provided he or she is at least 18 years of age but less than 21 years of age. To be eligible for this form of expunction, the applicant must not have been charged by the state attorney with or found to have committed any criminal offense within the 5-year period before the application date. The application for the Early Juvenile Expunction must include:

(a) A money order, cashier’s check, certified check, personal check, or business check for $75.00 made payable to the Florida Department of Law Enforcement. This processing fee is non-refundable, regardless of whether the application for expunction is granted. A fee waiver may be granted by the Executive Director of the Department, upon submission of a written request, and in his or her determination that the waiver is in the best interests of criminal justice.

(b) A completed Application for Early Juvenile Expunction. The subject must complete section A of the application. The Application for Early Juvenile Expunction, (form number FDLE 40-028, rev. June 2021), hereby incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-14426, may be obtained from:

The Clerk of the Court, or
Florida Department of Law Enforcement

Seal and Expunge Section

Post Office Box 1489

Tallahassee, Florida 32302-1489

Email: SEINFO@fdle.state.fl.us

Telephone Number: (850)410-7870

Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home

(c) The state attorney for the circuit having jurisdiction over the arrest may provide the required written certified statement by completing section B of the Application for Early Juvenile Expunction.

The Clerk of the Court, or
Florida Department of Law Enforcement

Seal and Expunge Section

Post Office Box 1489

Tallahassee, Florida 32302-1489

Email: SEINFO@fdle.state.fl.us

Telephone Number: (850)410-7870

Website: http://www.fdle.state.fl.us/cms/Seal-and-Expunge-Process/Seal-and-Expunge-Home

(e) A sworn, written statement from the applicant that he or she is no longer under court supervision applicable to the disposition of the arrest or alleged criminal activity to which the application pertains, and that he or she has not been charged with or found to have committed a criminal offense, in any jurisdiction of the state or within the United States, within the 5-year period before the application date.

(f) A certified copy of the disposition of the charge or charges to which the Application for Early Juvenile Expunction pertains. The subject should obtain this document from the Cherk of the Court in the appropriate jurisdiction. The subject must pay any fees required by the Cherk of the Court for providing this service.

(2) The complete application packet should be mailed or delivered, within the time frame prescribed by Section 943.0515(1)(b)2., F.S., to Florida Department of Law Enforcement, ATTN: Seal and Expunge Section, Post Office Box 1489, Tallahassee, Florida 32302-1489.

(3) If the application packet is incomplete the Department will not process it. The incomplete packet, along with the processing fee, will be returned to the subject with an indication as to the reason for non-acceptance. It will be the subject’s responsibility to obtain the missing information and return the complete packet to the Department.

(4) If the application packet is complete, the Department will review the submitted information and the subject’s criminal history record to determine if the application and the specified record meet the requirements for Early Juvenile Expunction, which are listed in Section 943.0515(1)(b)2., F.S. Questions regarding the status of the review should be directed to the Seal and Expunge Section at (850)410-7870.

(5) The Department will expunge the subject’s juvenile criminal history record if the application and the specified criminal history record meet the requirements for Early Juvenile Expunction, and will notify the subject. If the application and the specified criminal history record do not meet the requirements for Early Juvenile Expunction, the Department will send the subject a letter stating the reason for ineligibility with an explanation of appeal rights.

History

Rulemaking Authority 943.0515(1) FS. Law Implemented 943.0515(1) FS. History–New 7-20-17, Amended 7-9-19, 5-5-20, 5-20-21, 7-6-22, 8-30-23.

Fla. Admin. Code R. 11C-7.012 Procedures on Lawful Self-Defense Expunctions

(1) Prior to petitioning the court for an expunction of a criminal history record, the subject must apply to the Department for a certificate of eligibility for expunction. The application for the certificate of eligibility must include:

(a) A money order, cashier’s check, certified check, personal check or business check in the amount of $75.00 made payable to the Florida Department of Law Enforcement. This processing fee is non-refundable, regardless of the results of the certification review. A fee waiver may be granted by the Executive Director of the Department upon submission of a written request and in his determination that the waiver is in the best interests of criminal justice.

(b) A completed Application for a Certification of Eligibility for Lawful Self-Defense Expunction. The subject must complete section A of the application. The Application for Certification of Eligibility for Lawful Self-Defense Expunction under Section 943.0578 F.S. (form number FDLE 40-026, rev. June 2021), are hereby incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-14427, may be obtained from:

The Clerk of the Court, or
Florida Department of Law Enforcement

Seal and Expunge Section

Post Office Box 1489

Tallahassee, Florida 32302-1489

Email: SEINFO@fdle.state.fl.us

Telephone Number: (850)410-7870

Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home

(c) The appropriate state attorney or statewide prosecutor must provide the required written certified statement by completing section B of the Application for Certification of Eligibility.

The Clerk of the Court, or
Florida Department of Law Enforcement

Seal and Expunge Section

Post Office Box 1489

Tallahassee, Florida 32302-1489

Email: SEINFO@fdle.state.fl.us

Telephone Number: (850)410-7870

Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home

(e) A certified copy of the disposition of the charge or charges to which the application to expunge pertains. The subject should obtain this document from the Clerk of the Court in the appropriate jurisdiction. The subject must pay any fees required by the Clerk of the Court for providing this service.

(2) The complete application packet should be mailed or delivered to Florida Department of Law Enforcement, ATTN: Seal and Expunge Section, Post Office Box 1489, Tallahassee, Florida 32302-1489.

(4) If the application packet is complete, the Department will review the submitted applicant and written certfied statement from the appropriate state attorney or statewide prosectuor, to determine if the applicant meets the requirements for a lawful self-defense expungement, which are listed in Section 943.0587, F.S. Questions regarding the status of a review should be directed to the Seal and Expunge Section at (850)410-7870.

(5) The Department will send the subject a Certificate of Eligibility (form number FDLE 40-027, rev. October 2019) if the specified criminal history record meets the requirements for lawful self-defense expunction. If the specified criminal history record does not meet the requirements for lawful self-defense expunction, the Department will send the subject a letter stating the reason for ineligibility with an explanation of appeal rights.

(6) Upon receipt of a certified court order to expunge a criminal history record, the arresting agency shall:

Name;
Alias/Maiden Name(s);
Date of Birth;
Social Security Number (if available);
Date or Dates of Arrest;
Arrest Number or Numbers and Original Charges;
FDLE Number and FBI Number (if known).

The letter of transmittal shall be signed by the chief law enforcement officer of the agency or the authorized designee.

History

Rulemaking Authority 943.03(4), 943.0578(5) FS. Law Implemented 943.0578 FS. History–New 5-5-20, Amended 5-20-21, 7-6-22, 8-30-23.

Fla. Admin. Code R. 11C-7.013 Procedures for Automatic Sealing of Criminal History Records

(1) For implementation of this rule chapter the Department shall receive criminal history dispositions from the clerks of court in the same manner as required by Section 943.052, F.S.

(2) Upon reciept of a disposition from a clerk of court as prescribed in subsection (1), the criminal history record eligible for sealing under Section 943.0595(2), F.S., shall be automatically sealed by the Department.

History

Rulemaking Authority 943.03(4), 943.0595(1) FS. Law Implemented 943.0595 FS. History–New 5-5-20.

Chapter 11C-8 CRIMINAL HISTORY RECORDS; REVIEW AND CORRECTION

Fla. Admin. Code R. 11C-8.001 Review Procedures

(1) Any individual wishing to review their criminal history record must submit a request in writing or complete an Application for Personal Review of Florida Criminal History Record FDLE form (CHRM-006 rev. May 2022), hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-17887. The Application for Personal Review of Florida Criminal History Record form may be obtained from:

Florida Department of Law Enforcement (FDLE)

Criminal History Record Maintenance Section

Post Office Box 1489

Tallahassee, Florida 32302-1489

Email: CHRM@fdle.state.fl.us

Telephone Number: (850)410-7898

Website: http://www.fdle.state.fl.us/Criminal-History-Records/Personal-Review.aspx

(2) The individual must submit a legible set of fingerprints recorded on an FBI Applicant Fingerprint Card (FD-258, rev. 03/10) or FDLE fingerprint sheet. Fingerprints may not be submitted to FDLE by electronic means. Fingerprints must be taken by a law enforcement agency or by a vendor engaged in the business of providing electronic fingerprint submissions which has an agreement in place with FDLE pursuant to Section 943.053(13), F.S. The fingerprint card must contain all required identifying data.. The subject must pay any fees required by the law enforcement agency or vendor for providing this service.

(3) The request and completed fingerprint card should be mailed by the local law enforcement agency or the individual to FDLE. FDLE shall not require payment of any fees, except those provided for by federal regulations, for processing the fingerprint card or providing the resulting record.

(4) The fingerprint card will be processed by FDLE and returned to the submitting party with a notation affixed indicating the processing result along with a copy of any criminal history record identified with the individual.

(5) If after reviewing the record, the individual believes that the record is incorrect or incomplete, it is the individual’s responsibility to contact the agency submitting that part of the record in question. It then will be the responsibility of that agency to determine the merit of the assertion, to make any and all corrections or deletions that may be required, and to notify FDLE of any corrections or deletions.

(6) If, after an individual reviews their own criminal history record as authorized in Rule 11C-8.001, F.A.C., the agency and the individual are unable to resolve their differences as to what that portion of the person’s record ought to contain or if, more particularly, the agency responsible for the portion of the record in issue refuses to correct its own records or to advise FDLE to correct or supplement the state records in accordance with the individual’s wishes, then the administrative review procedures set out in subsections (7) and (8) below, as appropriate, shall be followed.

(7) If the agency responsible for the portion of the record in issue is subject to the Florida Administrative Procedures Act Chapter 120, F.S., the individual may initiate and the agency shall submit itself to administrative adjudication and judicial review of the issue in accordance with the Act, and Section 943.056(2), F.S.

(8) If the agency responsible for the portion of the record in issue is not subject to the Florida Administrative Procedures Act, the individual shall petition the agency in writing to convene a special hearing panel for the purpose of conducting an informal hearing. Such panel shall consist of one panelist nominated by the individual, one panelist nominated by the agency and a presiding panelist mutually agreeable to the other two panelists. If within ten days after the petition is filed no third panelist has been agreed upon or has agreed to serve, a third member of the panel will be appointed by the Executive Director, FDLE. Thereafter:

(a) Within twenty days after the petition is filed, the agency shall make written answer to the allegations in the petition, attaching thereto copies of such official records as it deems necessary to support its refusal or to controvert the petitioner’s allegations.

(b) Within thirty days after the petition is filed, the special hearing panel shall convene at a place provided by the agency and at such time as is not inconvenient to the members of the panel, the agency and the individual.

(c) The special hearing panel shall consider the petition, answer, other written documents, official records, oral arguments, and such other information or testimony as either the agency or the individual deems pertinent, material or relevant. The special hearing panel may request and the agency and individual shall provide such additional non-privileged affidavits, statements, answers to interrogatories and copies of documents and records as are necessary to the resolution of the issues.

(d) The individual shall have the burden of proving by substantial competent evidence that the criminal history record information contained in the agency’s records or submitted by the agency to FDLE is incorrect or incomplete. However, upon failure of the agency to answer the petition, to answer the individual’s interrogatories or reasonable requests for other non-privileged written materials or copies of records, or to otherwise proceed in good faith hereunder, the burden shall shift to the agency.

(e) The special hearing panel, after consideration of all evidence and materials submitted to it and upon the agreement of at least two panelists, shall make tentative written findings of fact and conclusions of law, shall make a tentative but specific finding as to how the individual’s record ought to be corrected or supplemented, if at all, and shall certify its findings to the individual and the agency. Default and summary findings are authorized in the event either party unreasonably refuses to proceed in good faith hereunder.

(f) Within ten days of receipt of the tentative findings, the individual or agency shall serve their written exceptions upon the other party and each member of the panel. Thereafter, the panel shall reconvene for the purpose of considering only the prior record, the written exceptions, timely written responses thereto, and such additional evidence as any member of the panel may demand of either the agency or the individual. The tentative findings described in paragraph 11C-8.001(8)(e), F.A.C., may be modified as a majority of the members of the panel may deem appropriate, and shall become the final administrative findings of fact and law. The special panel shall be deemed to have concluded its business when its final findings are certified to the agency, the individual, and FDLE. The record of proceedings hereunder shall be retained by the presiding panelist but may be copied by either party as necessary for appropriate review.

(g) A party who has been adversely affected by the findings of the special hearing panel may, within ten days of receipt of the final administrative findings of fact and law, petition the Executive Director of FDLE for review of such findings. Review by the Executive Director shall be confined to the record transmitted. In the event no such petition is filed by either party, the agency and FDLE shall conform their respective criminal history records in accordance with the final findings of the panel.

(h) The Executive Director, upon review of the record shall make known the findings to the individual, the agency, and the presiding panelist in writing within thirty days after the filing of the petition for review. In the event the Executive Director is in agreement with the final findings of the special hearing panel, the Executive Director’s determination shall so state and may adopt said findings; however, should the Executive Director reach a contrary result, he shall state with specificity the reason therefor.

(i) Unless within fifteen days after rendition of the Executive Director’s final findings, either the agency or the individual notifies FDLE of its filing of suit to seek judicial review, the agency and FDLE shall forthwith conform their respective criminal history records in accordance with the Executive Director’s findings. In the event timely notice is received that judicial review has been initiated, the records in issue shall remain unchanged pending the outcome of the judicial review.

(9) Proceedings under subsection 11C-8.001(8), F.A.C., shall be as informal as fairness and principles of due process will allow. However, the special hearing panel may disregard or discount evidence which is without credibility, materiality, pertinency, or relevancy. As the interests of justice and fairness may require, it may counsel and assist in the presentation of a more effective case by either party. The panel shall synopsize its own rulings and oral testimony before it and reduce it to writing.

History

Rulemaking Authority 943.03(4), 943.05(2)(d), 943.056 FS. Law Implemented 943.056 FS. History–New 6-24-76, Amended 11-12-81, Formerly 11C-8.01, Amended 7-7-99, 6-9-08, 8-30-23, 7-18-24, 4-9-25.

Chapter 11C-10 MISSING ENDANGERED PERSONS CLEARINGHOUSE

Fla. Admin. Code R. 11C-10.001 Definitions

(1) “Approved biological specimen” shall mean either a direct reference sample or a family reference sample.

(2) “Buccal swab” shall mean epithelial cells collected from the cheek in the oral cavity using a sterile cotton-tipped swab.

(3) “Direct reference sample” shall mean any known DNA standard or biological specimen, which is known to originate from the missing child or adult. Examples include a known medical blood sample, razor, or toothbrush.

(4) “Family reference sample” shall mean a DNA specimen that is obtained from a biologically related family member of a missing child or adult.

(5) “Family reference sample collection kit” shall mean an approved DNA collection kit that provides a means of collecting DNA reference samples from biologically related family members of a missing child or adult. These DNA collection kits are assembled by the University of North Texas Center for Human Identification, and include a buccal swab collection kit or the FBI National Missing Person DNA Database, which utilizes a FBI blood cell collection kit. Each kit contains DNA collection instructions, consent forms for the donor, missing person information forms, and any items provided to collect DNA samples.

(6) The terms missing child or missing adult shall have the same meanings as provided for in Section 937.0201, F.S.

History

Rulemaking Authority 943.03(4), 937.021(7) FS. Law Implemented 937.021, 937.022 FS. History–New 4-16-09.

Fla. Admin. Code R. 11C-10.002 Procedures

(1) If a missing child or adult is not located within 90 days after the missing child or missing adult report is filed, the law enforcement agency that accepted the report shall attempt to obtain a biological specimen for DNA analysis from the missing child or missing adult or from biologically related family members. The law enforcement agency can provide a biological specimen for DNA analysis prior to the expiration of the 90-day period.

(2) Submission of a direct reference sample of the missing child or adult.

(a) The law enforcement agency shall submit a direct reference sample, which can include a known medical blood sample, toothbrush, or razor, to the University of North Texas (UNT) Center for Human Identification Center at 3500 Camp Bowie Blvd., Fort Worth, Texas 76054, phone number (800)763-3147, or the Federal Bureau of Investigation (FBI) National Missing Person DNA Database, FBI Laboratory, Evidence Control Unit, Samples for National Missing Person DNA Database, 2501 Investigation Parkway, Quantico, VA 22135, phone number (703)632-7582. Direct reference sample submission instructions are also available on the CJNet on the Missing Endangered Persons Information Clearinghouse Website, under the DNA link, URL address: http://mcic.flcjn.net/MCICsearch, or contact the Florida Department of Law Enforcement Missing Endangered Persons Information Clearinghouse, P.O. Box 1489, Tallahassee, Florida 32302-1489, phone number (888)356-4774.

(b) A direct reference sample shall be accompanied by family reference DNA samples. If no family reference DNA samples exist, the law enforcement agency shall include a written notice at the time of the direct reference sample submission.

(c) The law enforcement agency shall follow the instructions provided by the UNT or the FBI for the collection, labeling, storage, handling and submission of a direct reference sample.

(d) If no direct reference sample exists, the law enforcement agency shall attempt to obtain family reference DNA samples for submission.

(3) Submission of family reference samples. The law enforcement agency has the option of collecting buccal swabs or blood samples:

(a) Family reference sample kits for buccal swab collection are available at no cost from the UNT.

(b) Family reference sample kits for blood sample collection are available at no cost from the FBI. The withdrawal of blood for purposes of this section shall be performed in a medically approved manner using the FBI’s family reference sample collection kits, and only by or under the supervision of a physician, registered nurse, licensed practical nurse, and any duly licensed medical personnel.

(c) The law enforcement agency shall attempt to obtain one family reference DNA sample from at least two different biologically related family members of the missing child or adult.

(d) The priority of sample submission is as follows: biological mother, biological father, biological siblings, biological children, maternal relatives, and paternal relatives.

(e) The biologically related family member of the missing child or adult must be positively identified by the law enforcement agency prior to submission of the DNA sample. An example of proof of identification would be a state or federal government issued identification card containing a photograph of the donor.

(f) The law enforcement agency shall follow the instructions provided by the UNT or the FBI for the collection, labeling, storage, handling and submission of family reference samples.

(4) Law enforcement state (FCIC) and national (NCIC) database entry requirements:

(a) Upon receipt of the a lab case identification number from UNT or FBI, the law enforcement agency shall modify the DNA fields in the missing person entry of the Florida Crime Information Center (FCIC) and National Crime Information Center (NCIC) databases to indicate that DNA specimens were collected and submitted. The DNA location field (DLO) of the missing person entry shall include information regarding the name of the laboratory, the lab case identification number, contact person, and the type of specimen submitted.

(b) If a match occurs between the DNA profiles for a missing child or adult and an unidentified person, then the law enforcement agency will be notified by the FBI or the UNT.

(c) Once the missing child or adult is located or identified, the law enforcement agency shall provide the UNT or the FBI with written notification on law enforcement agency letterhead.

History

Rulemaking Authority 943.03(4), 937.021(7) FS. Law Implemented 937.021, 937.022 FS. History–New 4-16-09.

Fla. Admin. Code R. 11C-10.003 SPECTRUM Alerts

(1) Definitions:

(a) “Imminent Danger” means an immediate threat that poses a risk of harm or injury.

(b) “Kidnapping” has the same meaning as provided in section 787.01, F.S.

(c) “Autism Spectrum Disorder” (ASD) means a condition defined by atypical or impaired development in social interaction and communication skills and the presence of repetitive behaviors and restricted interests. ASD is considered a “spectrum disorder” because there are many characteristics that vary from person to person, and these can change over time as a result of intervention and development.

(2) Steps for Activation of a Spectrum Alert:

(a) The local law enforcement agency of jurisdiction will contact the Florida Department of Law Enforcement (FDLE) Missing Endangered Persons Information Clearinghouse (MEPIC) via phone at 1(888)356-4774 to request activation. The requesting local law enforcement agency of jurisdiction shall contact MEPIC directly to begin the alert process.

(b) A conference call will be conducted between a sworn member of the local law enforcement agency, a regional FDLE Special Agent Supervisor, a sworn member of the FDLE Enforcement and Investigative Support Bureau, a MEPIC analyst, and a MEPIC Supervisor.

(c) The conference call participants will work together to determine if the criteria for activation have been met and what information should be broadcast to the public. Authorization for the alert must be unanimously agreed upon by all participants.

(3) Spectrum Alert Criteria:

(a) The activation of a Spectrum Alert requires the following five (5) criteria to be met:

The child must be under 18 years of age.
The law enforcement agency of jurisdiction reasonably believes the child has autism spectrum disorder (ASD).
The law enforcement agency of jurisdiction has a well-founded belief, based on an active investigation, that the child is in danger of death or serious bodily injury.
There is a detailed description and/or photograph of the child to broadcast to the public.
The law enforcement agency of jurisdiction recommends activation.

(b) The requesting law enforcement agency must verify the facts of the case and confirm that the child is missing prior to a Spectrum Alert being issued by MEPIC. If a Spectrum Alert is activated and evidence of kidnapping is later discovered, the local law enforcement agency of jurisdiction should contact MEPIC directly to discuss upgrading the alert.

(4) Wireless Emergency Alert (WEA):

(a) A WEA may be appropriate to alert the public to a Spectrum Alert when the law enforcement agency of jurisdiction reasonably believes that the child has autism spectrum disorder and is in imminent danger of death or serious bodily injury and a kidnapping has not occurred. Such dangers could include, but are not limited to, nearby natural or man-made surroundings that represent a severe threat due to the child’s age or having ASD.

(b) The WEA may be used as part of an Emergency Alert System (EAS) to alert the public to a Spectrum Alert. The WEA is reserved for situations where law enforcement has a reasonable belief that the child can be located within a defined geographic area.

(c) Several additional factors must be considered when determining if a WEA is applicable, such as the age of the child, the timeframe of the missing episode, the use of a vehicle, wandering affiliation, a hazardous geographic area, or the time of day the alert is requested.

(5) Cancellation of a Spectrum Alert:

(a) Once the missing child has been located, the local law enforcement agency of jurisdiction shall immediately contact the FDLE MEPIC via phone at 1(888)356-4774 to request cancellation of the Spectrum Alert.

History

Rulemaking Authority 937.0401(4), 943.03(4) FS. Law Implemented 937.0401 FS. History–New 6-4-26.

Chapter 11C-11 CRIMINAL JUSTICE DATE TRANSPARENCY

Fla. Admin. Code R. 11C-11.001 Procedures on Criminal Justice Data Transparency

(1) FDLE will use an Interface Control Document, available at http://www.flcjn.net/CJIS-Resources/Resources/CJDT to establish the requirements for the entities subject to the requirements of Section 900.05, F.S. to submit data.

(2) The data is cataloged, by reporting entities, in the data dictionaries available at http://www.flcjn.net/CJIS-Resources/Resources/CJDT/Data-Dictionary.

(3) FDLE will use Information Exchange Package Documentation (IEPD) to compile, structure, and tag all information associated with each case number and unique identifier.

(4) FDLE will use agency standards and industry accepted tools to monitor the access, throughput, and availability to Criminal Justice Data Transparency.

(5) The Criminal Justice Data Transparency information is accessed by the public at https://www.fdle.state.fl.us/CJAB/CJDT. This website also contains information about the data as required by Section 943.6871(5), F.S.

History

Rulemaking Authority 943.03(4), 943.6871(5) FS. Law Implemented 943.6871 FS. History–New 5-5-20, Amended 4-9-25, Technical Change 10-29-25.

Division 11A Division of Criminal Justice Standards and Training

Chapter 11A-7 CRIMINAL JUSTICE STANDARDS AND TRAINING PROCEDURES

Fla. Admin. Code R. 11A-7.002 Commission Procedures for Public Comment

The Criminal Justice Standards and Training Commission invites and encourages all members of the public to provide comment on matters or propositions before the Commission or a committee of the Commission. The opportunity to provide comment shall be subject to the following:

(1) Members of the public will be given an opportunity to provide comment on subject matters before the Commission after an agenda item is introduced at a properly noticed Commission meeting.

(2) Members of the public shall be limited to five minutes to provide comment. This time shall not include time spent by the presenter responding to questions posed by Commission members, staff or counsel. The chair of the Commission may extend the time to provide comment if time permits.

(3) Members of the public shall notify Commission staff in writing of his or her interest to be heard on a proposition or matter before the Commission. The notification shall identify the person or entity, indicate support, opposition, or neutrality, and identify who will speak on behalf of a group or faction of persons consisting of two or more persons. Any person or entity appearing before the Commission may use a pseudonym if he or she does not wish to be identified. The notification shall be submitted to Commission staff in writing to the Florida Department of Law Enforcement, Criminal Justice Professionalism Program, Post Office Box 1489, Tallahassee, Florida 32302.

History

Rulemaking Authority 943.03(4) FS. Law Implemented 286.0114, 943.11(2) FS. History‒New 9-4-16, Amended 7-19-17.

Division 11D Division of Local Law Enforcement Assistance

Chapter 11D-2 DIVISION OF LOCAL LAW ENFORCEMENT ASSISTANCE

Fla. Admin. Code R. 11D-2.001 Division Director

History

Rulemaking Authority 120.53(1)(a), 943.03 FS. Law Implemented 20.201(2)(b), 120.53(1)(a), 943.26 FS. History–New 4-21-87, Repealed 7-6-99.

Fla. Admin. Code R. 11D-2.002 Organization of the Division

History

Rulemaking Authority 120.53(1)(a), 943.03(3) FS. Law Implemented 20.04, 20.05, 23.121, 120.53(1)(a), 406.02(1), 943.26, 943.355 FS. History–New 4-21-87, Amended 1-6-91, Repealed 7-6-99.

Fla. Admin. Code R. 11D-2.003 Powers and Duties of Division

History

Rulemaking Authority 120.53(1)(a), 943.03 FS. Law Implemented 20.201(2)(b), 120.53(1)(a), 943.26 FS. History–New 4-21-98, Amended 1-6-91, Repealed 7-6-99.

Fla. Admin. Code R. 11D-2.005 Methamphetamine Precursor Electronic Monitoring System

(1) A pharmacy or retailer conducting business within the state of Florida who engages in the sale of any nonprescription compound, mixture, or preparation containing ephedrine or related compounds shall be required to participate in the Methamphetamine Precursor Electronic Monitoring System.

(2) Definitions:

(a) “Department” means the Florida Department of Law Enforcement (FDLE).

(b) “Exemption” refers to the two part criteria outlined in section 893.1495(5)(b), F.S., which states; “a pharmacy or retailer may request an exemption from electronic reporting from the Department of Law Enforcement if the pharmacy or retailer lacks the technology to access the electronic recordkeeping system and such pharmacy or retailer maintains a sales volume of less than 72 grams of ephedrine or related compounds in a 30 day period.”

(c) “National Precursor Log Exchange” (NPLEx) refers to the FDLE approved Methamphetamine Precursor Electronic Monitoring System.

(d) “Retailer” refers to any person, entity, or business including a pharmacy, within the state of Florida, who engages in the sale of nonprescription compounds, mixtures, or preparations containing ephedrine or related compounds, ephedrine or related products that does not meet the criteria in section 893.1495(5)(b) or 893.1495(10), F.S.

(3) Each retailer who engages in the sale of any nonprescription compound, mixture, or preparation containing ephedrine or related compounds shall contact the Department to enroll in NPLEx. Requests for information, enrollment, and training can be accomplished online at http://www.fdle.state.fl.us (look for Meth Monitoring System), by email to MethLaw@fdle.state.fl.us or by telephone, contact the NPLEx administrator at (850)410-8300, or in writing to FDLE NPLEx Administrator, Florida Department of Law Enforcement, P.O. Box 1489, Tallahassee, FL 32302-1489.

(4) Exemptions. The Department shall grant an exemption from electronic reporting to a retailer, upon request, if the retailer lacks the technology to access NPLEx, and the retailer maintains a sales volume of less than 72 grams of ephedrine or related compounds in a 30 day period.

(a) The “technology necessary to access NPLEx” requires a computer with an Internet connection that is available in any sales area within the retailer location.

(b) The “30 day period” for the purpose of determining an exemption shall be calculated from the 1st day of each calendar month.

(c) The retailer’s request for an exemption shall be made by completing FDLE Exemption form, FDLE I&FS-012, created 08/16/2010, and hereby incorporated by reference. The form is available online or can be obtained by contacting the Department. See subsection (3) above for contact information.

(d) The Exemption form must be completed in its entirety, signed by the retailer or retail manager claiming the exemption, and notarized by a notary public.

(e) The Department will review the request for exemption, and will grant or deny the request within 14 business days.

If the retailer disagrees with the Department’s decision, the retailer may request, in writing, reconsideration of the denial for exemption based upon mistake of fact or law.
The request must state the basis for reconsideration and provide any documentation that is available to support the request.
The Department will provide a written response to the request for reconsideration.

(f) A retailer must maintain the exemption letter within its place of business, and make it available upon request by any law enforcement officer.

(g) A retailer granted an exemption in this section must notify the Department, in writing, and within 5 days of the completion of the reporting period, of any change in its exemption status regarding the sales volume of ephedrine or related compounds within the 30 day reporting period, or of obtaining the technology to access NPLEx.

(5) The Department will provide an FDLE NPLEx Administrator:

(a) Who will be responsible for reviewing, approving or denying and responding to requests for exemption from participation in NPLEx, and

(b) Who will be responsible for communication between the Department and the 3rd party administrator selected to administer NPLEx on all matters to include but not be limited to; compliance with system requirements, system enhancements, and ensuring the availability of system training for retailers and law enforcement who need access to the system.

Contact information is provided in subsection (3) above.

(6) Retailer’s Duty to Maintain Logbook.

(a) Should a transaction occur during a period in which NPLEx is inoperable due to states of declared emergency, natural disaster, or other acts of God, the retailer must:

(b) Maintain a written log capturing all required information and enter the transaction data into NPLEx within seventy-two (72) hours of the system becoming operational.

(c) Should a retailer be granted an exemption from participation in NPLEx, it is still the duty of any retailer within the state of Florida to maintain a logbook in compliance with the federal Combat Methamphetamine Epidemic Act of 2005, as specified in Title VII of the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109-177), and section 893.1495, F.S. (2009).

(7) Law Enforcement Access to NPLEx.

(a) Information contained within NPLEx is available to law enforcement officers, designated by their agency, for law enforcement purposes, pursuant to section 893.1495, F.S. (2009).

(b) A law enforcement agency may request access to NPLEx. Requests for information, participation, and training can be accomplished online at http://www.fdle.state.fl.us (look for Meth Monitoring System), by email to MethLaw@fdle.state.fl.us or by telephone, contact the NPLEx administrator at (850)410-8300, or in writing to FDLE NPLEx Administrator, Florida Department of Law Enforcement, P.O. Box 1489, Tallahassee, FL 32302-1489.

(c) Each law enforcement agency requesting access to the system will identify a single point of contact to be referred to as an “Agency Account Manager,” who will be responsible for communicating new account requests and closing of account requests for its law enforcement officers.

History

Rulemaking Authority 893.1495(15), 943.03(4) FS. Law Implemented 893.1495 FS. History–New 1-6-11.

Chapter 11D-6 DNA DATABASE COLLECTION

Fla. Admin. Code R. 11D-6.001 Definitions

As used in Rule 11D-6.003, F.A.C., the following definitions apply:

(1) “DNA sample” means a buccal or other approved biological specimen capable of undergoing DNA analysis.

(2) “Buccal sample” shall mean epithelial cells collected from the cheek in the oral cavity utilizing an FDLE-approved swab collection kit.

(3) “Other approved biological specimen” shall mean a specimen of whole blood, at least 7 cc in volume.

(4) “Qualifying Offender” “shall mean a person as specified in Section 943.325(2), 943.325(9), 947.1405(7)(a) or 948.30(1), F.S.

(5) “Labels” shall mean shipping labels provided by the Department for the return of DNA sample collection kits.

(6) FALCON is Florida’s Integrated Criminal History System. This system allows for the biometric identification of criminal subjects.

(7) “Rapid-ID Edge Device” shall mean an electronic fingerprint device attached to “FALCON” and available to criminal justice agencies within the state. This device and accompanying software allows agencies responsible for sample collection to determine if a qualifying offender DNA sample is on file, or if collection of the sample is required.

(8) “Rapid DNA booking device” shall mean a fully automated system, approved for use at NDIS by law enforcement booking agency, to produce a CODIS acceptable DNA profile from an arrestee buccal swab without human interpretation in under two hours.

(9) “Rapid DNA Anaylsis” shall mean a fully automated process of developing a CODIS acceptable DNA profile from a buccal sample without human interpretation. This type of analyses provides a proper procedure, including requisite identification information, for state and local law enforcement and correctional agencies to collect and submit DNA samples to be maintained in the statewide DNA database.

History

Rulemaking Authority 943.03(4), 943.325(4), (5), (17) FS. Law Implemented 943.325 FS. History–New 7-4-90, Amended 7-6-99, 8-22-00, 11-5-02, 3-21-07, 6-3-10, 3-13-13, 7-22-24.

Fla. Admin. Code R. 11D-6.002 Applicability

History

Rulemaking Authority 943.03, 943.325(7)(d) FS. Law Implemented 943.325 FS. History–New 7-4-90, Repealed 7-6-99.

Fla. Admin. Code R. 11D-6.003 Procedures

(1) DNA Sample collection.

(a) A qualifying offender providing DNA samples must be identified in the manner specified by the Oral Swab Collection Kit Instructions and Form FDLE/FOR-005, revised September 2022, and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-16785, prior to taking the DNA samples from such offender. Form FDLE/FOR-005 and additional kits may be obtained from the Florida Department of Law Enforcement, DNA Database, Post Office Box 1489, Tallahassee, Florida 32302-1489. A qualifying offender may also be identified through use of the Falcon Rapid-ID Edge device or during the process of Rapid DNA Analysis.

DNA samples submitted from qualifying offenders without the use of the Falcon Rapid-ID Edge device must be accompanied by a completed Swab Collection Kit form FDLE/FOR-005. The imprinting of the offender’s left and right thumbs, by means of an inked impression, in the spaces indicated on the form shall be completed as well. Inked fingerprint impressions must be legible for fingerprint classification and comparison purposes. DNA samples accompanied by one or more illegible inked fingerprint impressions may be unacceptable for entry into the DNA Database and may be rejected by FDLE. If rejected, the collecting agency must then submit a new DNA sample and completed form.
DNA samples submitted from qualifying offenders through use of the FALCON Rapid-ID Edge device must be accompanied by the printout and barcode generated by the application. Any required information not captured by the Falcon/Rapid-ID DNA Availability application shall be filled out on the Swab Collection Kit form FDLE/FOR-005.
DNA samples submitted from qualifying offenders and processed through the use of Rapid DNA Analysis shall include the submission of an additional DNA sample taken and accompanied by the printout and barcode generated by the application. Any required information not captured by the Falcon/Rapid-ID DNA Availability application shall be filled out on the Swab Collection Kit form FDLE/FOR-005.

(b) When identification of the qualifying offender is accomplished, DNA samples shall be taken from the qualifying offender in the manner described in Section 943.325(3), F.S.

(c) Such samples shall be taken using only the Oral Swab Collection Kit pursuant to paragraph (1)(a) of this rule section.

(d) Collection, labeling, storage, handling, and transmittal of DNA Samples shall be as prescribed in the printed instructions included with each oral swab sample collection kit. The collecting agency should forward DNA samples to the Department within 7 working days of collection.

(2) Removal of DNA Information from the DNA Database. Persons seeking removal of their DNA information from the DNA Investigative Support Database shall mail certified copies of the required documentation as described in Section 943.325(16), F.S., to the FDLE DNA Investigative Support Database, P.O. Box 1489, Tallahassee, Florida 32302-1489.

History

Rulemaking Authority 943.03(4), 943.325(4), (5), (17) FS. Law Implemented 943.325 FS. History–New 7-4-90, Amended 7-6-99, 8-22-00, 7-29-01, 11-5-02, 6-3-10, 3-13-13, 7-19-17, 7-22-24, 6-4-26.

Fla. Admin. Code R. 11D-8.001 Purpose – Scope

History

Rulemaking Authority 316.1932(1)(a)1., 322.63(3)(a), 327.352(1)(d) FS. Law Implemented 316.1932(1)(a)1., 322.63(3)(a), 327.352(1)(d) FS. History–New 10-31-93, Repealed 1-1-97.

Fla. Admin. Code R. 11D-8.002 Definitions

(1) Acceptable Range – the results of alcohol reference solutions or dry gas standards analyses which fall within the following ranges at each alcohol vapor concentration:

Alcohol Reference Solution or Dry Gas Standard Concentrations (g/210L)

Range g/210L (Inclusive)

0.02

0.015

0.025

0.05

0.045

0.055

0.08

0.075

0.085

0.15

0.143

0.158

0.20

0.190

0.210

0.30

0.285

0.315

(2) Accuracy – the nearness of a measurement to a known concentration.

(3) Acetone Solution – a mixture of acetone and distilled or deionized water provided by the Department.

(4) Agency – a law enforcement agency other than the Department, or an entity which conducts breath tests or submits blood samples for alcohol testing pursuant to these rules, or a civilian entity performing such duties on behalf of a law enforcement agency.

(5) Agency Inspection – the periodic testing of the calibration and operation of a breath test instrument, including all required preventive maintenance, in accordance with Rule 11D-8.006, F.A.C., and performed by a person authorized by the Department.

(6) Agency Inspector – a person who has been issued an Agency Inspector permit by the Department.

(7) Alcohol – ethyl alcohol, also known as ethanol.

(8) Alcohol Free Test – a result of 0.000 g/210L when using distilled or deionized water.

(9) Alcohol Reference Solution – a standard used to verify the calibration of a breath test instrument consisting of a mixture of alcohol and distilled or deionized water that will produce a known alcohol vapor concentration at a specific temperature.

(10) Analyst – a person who has been issued a permit by the Department to conduct blood alcohol analyses.

(11) Approved Blood Alcohol Test – the analyses of two separate portions of the same blood sample using a Department-approved blood alcohol test method and a Department-approved procedure, with results within 0.010 grams of alcohol per 100 milliliters of blood (g/100mL), and reported as the blood alcohol level.

(12) Approved Breath Alcohol Test – a minimum of two samples of breath collected within fifteen minutes of each other, analyzed using an approved breath test instrument, producing two results within 0.020 g/210L, and reported as the breath alcohol level, on a single breath test affidavit. If the results of the first and second samples are more than 0.020 g/210L apart, a third sample shall be analyzed. Refusal or failure to provide the required number of valid breath samples constitutes a refusal to submit to the breath test. Notwithstanding the foregoing sentence, the result(s) obtained, if proved to be reliable, shall be acceptable as a valid breath alcohol level.

(13) Authorized Repair Facility – the Department, the breath test instrument manufacturer, or an entity authorized by the breath test instrument manufacturer to service and repair such breath test instrument.

(14) Blood – human whole blood.

(15) Blood Alcohol Level – the alcohol concentration by weight in a person’s blood based upon grams of alcohol per 100 milliliters of blood (g/100mL).

(16) Breath Alcohol Level – the alcohol concentration by weight in a person’s breath based upon grams of alcohol per 210 liters of breath (g/210L).

(17) Breath Test Instructor – a person who has been issued a Breath Test Instructor Certification by the Criminal Justice Standards and Training Commission.

(18) Breath Test Operator – a person who has been issued a Breath Test Operator permit by the Department.

(19) Department – the Florida Department of Law Enforcement.

(20) Dry Gas Standard – a National Institute of Standards and Technology or international equivalent traceable standard consisting of a mixture of alcohol and gas which produces a known alcohol vapor concentration used to verify the accuracy of a breath test instrument.

(21) Evidentiary Breath Test Instrument – a breath test instrument approved by the Department under Rule 11D-8.003, F.A.C., and used primarily to conduct alcohol breath tests pursuant to Florida law.

(22) Instrument Registration – when issued by the Department, certifies that the specified breath test instrument meets the requirements of Rules 11D-8.003 and 11D-8.004, F.A.C, and is authorized to be placed into evidentiary use. A breath test instrument registration remains valid until relinquished by the agency or suspended or revoked by the Department.

(23) Methods – types of alcohol analyses approved by the Department to conduct chemical or physical tests of blood or breath.

(24) Mouth Alcohol Solution – a mixture of alcohol and distilled or deionized water provided by the Department.

(25) Permit – when issued by the Department, certifies that the holder has met all necessary qualifications, remains in full compliance with these rules and is authorized to perform all related duties. A permit is issued only to a qualified applicant and remains valid and in full effect until determined otherwise by the Department.

(26) Permit Cycle – the 4-year period in which continuing education requirements for breath alcohol permits shall be satisfied. The initial cycle due date is June 30th of the fourth year following the initial permit date. Subsequent cycles will run for 4-year periods from the initial cycle due date.

EXAMPLE:

Initial Permit Date

November 21, 2012

4-year Anniversary Date

November 21, 2016

Continuing Education Due Date/Initial Cycle Due Date

June 30, 2017

(27) Reference Sample Device – a device, also known as a simulator, that produces a known vapor concentration by the passage of air through a liquid.

History

Rulemaking Authority 316.1932(1)(a)2., (f)1., 316.1933(2)(b), 316.1934(3), 322.63(3)(a), (b), 327.352(1)(b)3. FS. Law Implemented 316.1932(1)(b)2., 316.1933(2)(b), 316.1934(3), 322.63(3)(b), 327.352(1)(e), 327.353(2), 327.354(3) FS. History–New 10-31-93, Amended 1-1-97, 7-6-99, 7-29-01, 11-5-02, 12-9-04, 3-27-06, 7-29-15, 7-17-25, 7-1-26.

Fla. Admin. Code R. 11D-8.003 Approval of Breath Test Methods and Instruments

(1) The approved breath test method for evidentiary breath testing is Infrared Spectroscopy, also known as Infrared Light Absorption.

(2) The Department approves breath test methods and new instrumentation to ensure the accuracy and reliability of breath test results. The approved breath test instrument make and model is the CMI, Inc. Intoxilyzer 8000 and Intoxilyzer 9000 using software evaluated by the Department in accordance with Instrument Evaluation Procedures FDLE/ATP Form 34.

(3) A Department inspection performed in accordance with Rule 11D-8.004, F.A.C., validates the approval, accuracy and reliability of an evidentiary breath test instrument.

(4) The Department shall conduct evaluations for approval of new instrumentation under subsection (2) in accordance with Instrument Evaluation Procedures FDLE/ATP Form 34.

(5) The availability or approval of new instruments, evaluation of software, options or modifications does not negate the approval status of previously approved instruments, or evaluated software, options or modifications. An approved make and model of a breath test instrument remains approved until disapproved by the Department.

History

Rulemaking Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a), (b), 327.352(1)(b)3. FS. Law Implemented 316.1932(1)(b)2., 316.1934(3), 322.63(3)(b), 327.352(1)(e), 327.354(3) FS. History–New 10-31-93, Amended 1-1-97, 7-29-01, 11-5-02, 12-9-04, 7-29-15, 7-22-24, 7-17-25.

Fla. Admin. Code R. 11D-8.0035 Approval of Alcohol Reference Solution and Sources

(1) The Department shall approve a source of alcohol reference solution for use by agencies in the State of Florida. The source approved by the Department shall be an ISO 17034 or similarly accredited entity that manufactures alcohol reference solutions and meets the following requirements:

(a) The source must prepare alcohol reference solution, and be capable of producing a minimum batch volume of 800 bottles, each containing at least 500 milliliters, to produce the following vapor alcohol concentrations: 0.02g/210L, 0.05 g/210L, 0.08 g/210L, 0.20g/210L, and .30 g/210L;

(b) The source must have performed and documented tests that demonstrate that the alcohol reference solutions are reliable for at least two years from the date of manufacture.

(2) If an ISO 17034 or similiary accredited provider is not available the Department shall approve each lot prior to distribution in Florida by determining the alcohol concentration in a minimum of ten (10) sample bottles of each lot of alcohol reference solution using gas chromatography or other scientifically accepted method at the time such lots are submitted for approval. Duplicate analyses will be performed on each sample bottle of alcohol reference solution. If any result falls outside the alcohol reference solution acceptable range, a second set of analyses will be performed. If the second set of results are within the alcohol reference solution acceptable range, the alcohol reference solution shall be approved. If any of the results fall outside the alcohol reference solution acceptable range a second time, the alcohol reference solution shall be disapproved.

(a) When the Department approves a lot it shall notify the source that the approved lots may be distributed for use in Florida, and shall issue a Certificate of Assurance, FDLE/ATP Form 32.

(3) Alcohol reference solution lots shall be used in agency or Department inspections within two (2) years of the date of manufacture.

History

Rulemaking Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a), 327.352(1)(b)3., (d) FS. Law Implemented 316.1932(1)(b)2., 316.1934(3), 322.63(3)(b), 327.352(1)(e), 327.354(3) FS. History–New 7-6-99, Amended 7-29-01, 12-9-04, 7-29-15, 9-4-16, 7-22-24, 7-17-25, 7-1-26.

Fla. Admin. Code R. 11D-8.0036 Approval of Dry Gas Standards Source

(1) The Department shall approve a source of dry gas standards for use by agencies in the State of Florida. The source approved by the Department shall be an ISO 17034 or similarly accredited entity that manufactures dry gas standards and meets the following requirements:

(a) The source must produce dry gas standards which are traceable to the National Institute of Standards and Technology.

(b) Each dry gas standard lot produced by the source must be certified by the source as to its contents and alcohol vapor concentration.

(c) The source must be capable of producing a minimum of 300 cylinders of dry gas standard during a thirty day period at alcohol vapor concentrations of 0.05 g/210L, 0.08 g/210L, 0.15 g/210L, and 0.20 g/210L.

(d) The source must have performed and documented tests that demonstrate that the source’s dry gas standards are reliable for at least two years from the date of manufacture.

(2) Dry gas standard cylinders produced by the approved source must not be used beyond the expiration date.

History

Rulemaking Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a), (b), 327.352(1)(b)3. FS. Law Implemented 316.1932(1)(b)2., 316.1934(3), 322.63(3)(b), 327.352(1)(e), 327.354(3) FS. History–New 11-5-02, Amended 12-9-04, 7-17-25, 7-1-26.

Fla. Admin. Code R. 11D-8.004 Department Inspection and Registration of Breath Test Instruments

(1) The Department shall register and inspect each individual breath test instrument for accuracy and reliability prior to such instrument being initially placed into evidentiary use by an agency. The inspection validates that instrument’s approval for evidentiary use, and the registration completes that instrument’s approval pursuant to these rules. The registration shall reflect the registration date, the owner of the instrument, the instrument serial number, the manufacturer, and the model designation.

(2) Registered breath test instruments shall be inspected by the Department at least once every twelve months (see example below) to ensure accuracy and reliability, and must be accessible to the Department for inspection. A department inspection must be conducted subsequent to repair and prior to being placed in evidentiary use.

EXAMPLE:

Department Inspection Completed

April 5, 2025

Department Inspection Due Date

April 5, 2026

(3) Department inspections shall be conducted in accordance with the applicable procedures. For the Intoxilyzer 8000- Department Inspection Procedures FDLE/ATP Form 36, and results reported on Department Inspection Report – Intoxilyzer 8000, FDLE/ATP Form 41. For the Intoxilyzer 9000- Department Inspection Procedures FDLE/ATP Form 36a, and results reported on Department Inspection Report- Intoxilyzer 9000, FDLE/ ATP Form 41a.

(4) Department Inspectors shall be employed by the Department to register evidentiary breath test instruments, to conduct inspections and maintenance of breath test instruments and related equipment and facilities, to conduct and monitor training classes, and to otherwise ensure compliance with Chapter 11D-8, F.A.C.

History

Rulemaking Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a), 327.352(1)(b)3. FS. Law Implemented 316.1932(1)(b)2., 316.1934(3), 322.63(3)(b), 327.352(1)(e), 327.354(3) FS. History–New 10-31-93, Amended 1-1-97, 7-29-01, 11-5-02, 12-9-04, 3-27-06, 7-29-15, 7-17-25, 7-1-26.

Fla. Admin. Code R. 11D-8.005 Periodic Department Inspections of Breath Test Instruments

History

Rulemaking Authority 316.1932(1)(a)1., 322.63(3)(a), 327.352(1)(d) FS. Law Implemented 316.1934(3), 322.63(3)(b), 327.354(3) FS. History–New 10-31-93, Repealed 1-1-97.

Fla. Admin. Code R. 11D-8.006 Agency Inspection of Breath Test Instruments

(1) Evidentiary breath test instruments shall be inspected by an agency inspector at least once each calendar month. The agency inspection shall be conducted in accordance with the applicable procedures. For the Intoxilyzer 8000- Agency Inspection Procedures – Intoxilyzer 8000 FDLE/ATP Form 39 and results reported on Agency Inspection Report – Intoxilyzer 8000 FDLE/ATP Form 40, Intoxilyzer 9000 - Agency Inspection Procedures FDLE/ATP Form 39a, and results reported on Agency Inspection Report- Intoxilyzer 9000, FDLE/ ATP Form 40a.

(2) Whenever an instrument is taken out of evidentiary use, the agency shall conduct an agency inspection. The agency shall also conduct an agency inspection prior to returning an instrument to evidentiary use.

History

Rulemaking Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a), 327.352(1)(b)3. FS. Law Implemented 316.1932(1)(b)2., 316.1934(3), 322.63(3)(b), 327.352(1)(e), 327.354(3) FS. History–New 10-31-93, Amended 1-1-97, 7-29-01, 11-5-02, 12-9-04, 3-27-06, 7-29-15, 7-17-25.

Fla. Admin. Code R. 11D-8.007 Approved Breath Test Instruments – Access, Facility Requirements, Observation Period, and Operational Procedures

(1) Evidentiary breath test instruments shall only be accessible to a person issued a valid permit by the Department and to persons authorized by a permit holder. This section does not prohibit agencies from sending an instrument out of evidentiary use to an authorized repair facility or the Department via common carrier transport. Only authorized repair facilities or the Department are authorized to remove the top cover of an evidentiary breath test instrument.

(2) The instrument will be located in a secured environment which limits access to authorized persons described in subsection (1). All breath test facilities, equipment and supplies are subject to inspection by the Department.

(3) The breath test operator, agency inspector, arresting officer, or person designated by the permit holder shall reasonably ensure that the subject has not taken anything by mouth or has not regurgitated for at least twenty (20) minutes before administering the test. This provision shall not be construed to otherwise require an additional twenty (20) minute observation period before the administering of a subsequent sample.

(4) When operating an evidentiary breath test instrument, a breath test operator shall conduct a breath test in accordance with the applicable operating procedures. For the Intoxilyzer 8000- Operational Procedures – Intoxilyzer 8000 FDLE/ATP Form 37, and the results of the test shall be recorded on the Breath Alcohol Test Affidavit – Intoxilyzer 8000 FDLE/ATP Form 38, for the Intoxilyzer 9000- Operational Procedures- Intoxilyzer 9000 FDLE/ATP Form 37a, and the results of the test shall be recorded on the Breath Alcohol Test Affidavit- Intoxilyzer 9000 FDLE/ATP Form 38a.

History

Rulemaking Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a), 327.352(1)(b)3. FS. Law Implemented 316.1932(1)(b)2., 316.1934(3), 322.63(3)(b), 327.352(1)(e), 327.354(3) FS. History–New 10-31-93, Amended 1-1-97, 7-29-01, 11-5-02, 12-9-04, 3-27-06, 7-29-15, 7-17-25, 7-1-26.

Fla. Admin. Code R. 11D-8.0075 Agency Retention of Records

(1) Each agency shall maintain the following records for at least three years from the last entry date: agency inspection reports and breath test instrument repair records. The breath test instrument registration shall be retained by an agency for at least three years after the instrument is removed from evidentiary use. Dry gas standard and alcohol reference solution certificates of analysis shall be retained by an agency for at least three years after receipt. These records shall be accessible to the Department upon request.

(2) At least once each calendar month each agency shall electronically transmit to the Department all breath tests conducted on that agency’s evidentiary breath test instruments.

(3) The purpose of this section is solely for regulatory and administrative use, and any violation of this section shall not affect the admissibility, validity or reliability of breath test results.

History

Rulemaking Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a), 327.352(1)(b)3. FS. Law Implemented 322.63(3), 327.354(3) FS. History–New 7-29-01, Amended 11-5-02, 12-9-04, 7-29-15, 7-17-25, 7-1-26.

Fla. Admin. Code R. 11D-8.008 Breath Test Operator and Agency Inspector

(1) Qualifications for Breath Test Operator Permit – An applicant for a breath test operator permit must meet the following qualifications:

(a) Eighteen (18) years of age or older;

(b) High school diploma or its equivalent;

(d) Successful completion of the basic Breath Test Operator Course for the applicable instrument approved by the Criminal Justice Standards and Training Commission. Successful completion shall require obtaining a passing score of at least 80% on a written examination, and demonstrating proficiency by:

Properly operating an approved breath test instrument in accordance with the applicable procedures for such instrument;
Properly completing the required forms.

(e) Submit to the Department a complete written application, Breath Test Permit Application, FDLE/ATP Form 8, upon successful completion of the breath test operator course, but no later than 90 days after completion.

(2) Qualifications for Agency Inspector Permit – An applicant for an agency inspector permit must meet the following qualifications:

(a) Has been issued a breath test operator permit for the corresponding instrument by the Department valid at the time that the application is submitted;

(b) Successfully completes the basic Agency Inspector Course for the applicable instrument approved by the Criminal Justice Standards and Training Commission. Successful completion shall require a passing score of at least 80% on a written examination and a demonstration of proficiency by:

Proper inspection of an approved breath test instrument in accordance with the procedures for such instrument;
Proper completion of all required forms.

(c) Submits to the Department a complete written application, Breath Test Permit Application, FDLE/ATP Form 8, upon successful completion of the agency inspector course, but no later than 90 days after completion.

(d) Present employment by an agency or the Department.

(3) Breath Test Operators and Agency Inspectors must satisfy continuing education requirements in order to maintain valid permits. Continuing education requires successful completion of the applicable Commission-approved Renewal Course by June 30 following the fourth permit anniversary date, and at least once during each subsequent 4-year cycle. Successful completion of the Commission-approved Agency Inspector Course or Agency Inspector Renewal Course also satisfies an Agency Inspector’s breath test operator continuing education requirements.

(4) Any Breath Test Operator or Agency Inspector who fails to satisfy the continuing education requirements shall not perform any duties authorized by the permit until successful completion of the applicable renewal course.

(5) Permits to conduct breath tests and inspect breath test instruments issued pursuant to this rule section shall remain valid until such permits expire on December 31st following the mandatory continuing education due date without completion of such training.

(6) Agency Inspectors are responsible for compliance with Chapter 11D-8, F.A.C., rules governing agency custody, care, and inspection of breath test instruments and related records.

(7) Any breath test operator or agency inspector whose permit has expired pursuant to subsection (5) of this rule section or who fails to successfully complete the Commission-approved renewal course shall not perform any duties authorized by the permit until successful completion of the Commission-approved basic course.

(8) Members of the Department’s Alcohol Testing Program who instruct Commission-approved breath test courses may use such course instruction to satisfy their continuing education requirements under this section.

History

Rulemaking Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a), 327.352(1)(b)3. FS. Law Implemented 316.1934(3), 322.63(3)(b), 327.354(3) FS. History–New 10-31-93, Amended 1-1-97, 7-29-01, 11-5-02, 12-9-04, 3-27-06, 7-29-15, 7-17-25.

Fla. Admin. Code R. 11D-8.010 Qualifications for Instructors

(1) Persons who conduct breath test training courses must have a valid Breath Test Instructor certification issued by the Criminal Justice Standards and Training Commission, and such persons shall be deemed permitted by the Department to conduct breath test training courses.

(2) Unless exempted by the Commission, each breath test instructor must successfully complete the Commission-approved breath test instructor certification renewal course pursuant with Rule 11B-20.0017, F.A.C., to remain qualified for a breath test instructor certification. Successful completion of the Commission-approved breath test instructor certification course or breath test instructor certification renewal course satisfies that person’s agency inspector and breath test operator continuing education requirements. Each breath test instructor must also successfully complete all Department breath test instructor update courses.

(3) Breath test instructors must adhere to and comply with the approved curricula and related forms when teaching Commission or Department approved courses and processing related documentation.

History

Rulemaking Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a), 327.352(1)(b)3. FS. Law Implemented 316.1934(3), 322.63(3)(b), 327.354(3) FS. History–New 10-31-93, Amended 1-1-97, 7-29-01, 11-5-02, 12-9-04, 7-29-15.

Fla. Admin. Code R. 11D-8.011 Approval of Blood Alcohol Test Methods

(1) The Department approves the following test methods for determining blood alcohol level: Gas Chromatography.

(2) For gas chromatographic analytical procedure approvals the laboratory shall submit to the Department procedures which meet the following specifications:

(a) Includes the approved method used and a description of the method, and the equipment, reagents, standards, and controls used;

(b) Uses commercially-prepared standards and controls certified by the manufacturer, or laboratory-prepared standards and controls verified using gas chromatography against certified standards. Commercially-prepared whole blood or serum control(s) that are not certified must be verified using gas chromatography against certified standards. For commercially-prepared standards and controls, the manufacturer, lot number and expiration date must be documented for each sample or group of samples being analyzed. For commercially-prepared whole blood or serum control(s) that are not certified, verification must also be documented. For laboratory-prepared standards and controls, date, person preparing the solution, method of preparation and verification must be documented;

(c) A statement of the concentration range over which the procedure is calibrated. The calibration curve must be linear over the stated range;

(d) Uses a new or existing calibration curve. A new calibration curve must be generated using at least three (3) standards: one at 0.05 g/100mL or less, one between 0.05 and 0.20 g/100mL (inclusive) and one at 0.20 g/100mL or higher, and must be verified using a minimum of two (2) controls, one at 0.05 g/100mL or less and one at 0.20g/100mL or higher. An existing calibration curve must be verified using a minimum of two (2) controls, one at 0.05 g/100mL or less and one at 0.20g/100mL or higher;

(e) Includes the analysis of an alcohol-free control, and the analysis of a whole blood or serum control. The whole blood or serum control may be used to satisfy the control requirement(s) in paragraph (2)(d); and

(f) The gas chromatographic analytical procedure must discriminate between methanol, ethanol, acetone and isopropanol and employ an internal standard technique.

(g) The maximum acceptable bias shall be + or – 10% and precision (%CV) shall not exceed 10% at each concentration.

(3) Any substantial change to the method or analytical procedure must receive prior approval by the Department before being used to determine the blood alcohol level of a sample submitted by an agency. The following changes are always deemed substantial:

(a) An upgrade or replacement of instrument;

(b) A change in the type or thickness of the stationary phase in the analytical column(s);

(d) A change in the injection port or inlet settings such as temperature or split ratio;

(e) A change in the gas chromatograph oven temperature or temperature program;

(f) A change in the type of carrier gas used; and

(g) A change in the column flow or pressure settings.

For changes not specifically listed above, the Department shall determine if the changes are substantial on a case-by-case basis.

(4) An analyst shall only use a Department-approved procedure to determine the blood alcohol level of samples submitted. Approval of blood alcohol analysis methods and procedures shall be based on rule requirements in effect at the time they were submitted for approval.

(5) When a change to the method or analytical procedure is deemed substantial the laboratory must submit to the Department documentation as outlined in paragraphs 11D-8.011(2)(a)-(g), F.A.C.

History

Rulemaking Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a), 327.352(1)(b)3., (d) FS. Law Implemented 316.1933(2)(b), 316.1934(3), 322.63(3)(b), 327.352(1)(e), 327.353(2), 327.354(3) FS. History–New 10-31-93, Amended 7-29-15, 7-17-25, 7-16-26.

Fla. Admin. Code R. 11D-8.012 Blood Samples – Labeling and Collection

(1) Before collecting a sample of blood, the skin puncture area must be cleansed with an antiseptic that does not contain alcohol.

(2) Blood samples must be collected in a glass evacuation tube that contains a preservative such as sodium fluoride and an anticoagulant such as potassium oxalate or EDTA (ethylenediaminetetraacetic acid). Compliance with this section can be established by the stopper or label on the collection tube, documentation from the manufacturer or distributor, or other evidence.

(3) Immediately after collection, the tube must be inverted several times to mix the blood with the preservative and anticoagulant.

(4) Blood collection tubes must be labeled with the following information: name of person tested, date and time sample was collected, and initials of the person who collected the sample.

(5) Blood samples need not be refrigerated if submitted for analysis within seven (7) days of collection, or during transportation, examination or analysis. Blood samples must be otherwise refrigerated, except that refrigeration is not required subsequent to the initial analysis.

(6) Blood samples must be hand-delivered or mailed for initial analysis within thirty days of collection, and must be initially analyzed within sixty days of receipt by the facility conducting the analysis. Blood samples which are not hand-delivered must be sent by priority mail, overnight delivery service, or other equivalent delivery service.

(7) Notwithstanding any requirements in Chapter 11D-8, F.A.C., any blood analysis results obtained, if proved to be reliable, shall be acceptable as a valid blood alcohol level.

History

Rulemaking Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a), 327.352(1)(b)3., (d) FS. Law Implemented 316.1933(2)(b), 316.1934(3), 322.63(3)(b), 327.352(1)(e), 327.353(2), 327.354(3) FS. History–New 10-31-93, Amended 7-29-01.

Fla. Admin. Code R. 11D-8.013 Blood Alcohol Permit – Analyst

(1) The application for a permit to determine the alcohol level of a blood sample shall be made on the Application for Permit to Conduct Blood Alcohol Analyses FDLE/ATP Form 4, provided by the Department and shall include the following information:

(a) Name and address of applicant;

(b) A copy of state license if licensed, or college transcript;

(d) Identify at least one Agency for which blood analyses are to be performed pursuant to Chapters 316, 322 and 327, F.S.; and,

(e) Title of the Department approved analytical procedure(s) to be used in determining blood alcohol level.

(2) Qualifications for blood analyst permit – To qualify, the applicant must meet the requirements in subparagraphs (2)(a)1.-5. and paragraph (2)(b):

(a) Successful completion of a blood alcohol training program that inlcudes the following components, however named;

Overview of the chemistry of alcohol and other relevant volatiles such as methanol, acetone, and isopropanol;
Gas chromatography theory;
Gas chromatography for use in blood alcohol testing;
Performance of blood alcohol testing using Department approved procedure(s);
Quantitation, quality control, and reliability of alcohol analysis; and
Completion of a practical competency test consisting of a minimum of 10 unknown samples using Department approved procedure(s). At a minimum, the samples must cover the range of 0.05 to 0.20 g/100mL (inclusive). For this test to be deemed successful, the analyst must achieve quantitative alcohol results for all samples that fall within 0.005 or 5% of the expected result, whichever is greater.

(b) Meet one of the following:

Possess a clinical laboratory license in clinical chemistry as a technologist, supervisor or director, under Chapter 483, F.S.; or
Be a licensed physician pursuant to Chapter 458, F.S.; or
Complete a minimum of 60 semester credit hours or equivalent of college, at least 15 semester hours of which must be in college chemistry.

History

Rulemaking Authority 316.1932(1)(a)2., (f)1., 316.1933(2)(b), 316.1934(3) 322.63(3)(b), 327.352(1)(b)3. FS. Law Implemented 316.1932(1)(b), 316.1933(2)(b), 316.1934(3), 322.63(3)(b), 327.352(1)(b), (e), 327.353(2), 327.354(3) FS. History–New 10-31-93, Amended 4-1-94, 2-1-95, 1-1-97, 11-5-02, 12-9-04, 7-29-15, 7-17-25.

Fla. Admin. Code R. 11D-8.014 Blood Alcohol Permit – Analyst: Renewal

(1) Permits to conduct blood alcohol analyses shall remain valid until otherwise suspended or revoked by the Department.

(2) In order to remain qualified for such permit, an analyst must satisfactorily determine the blood alcohol level of one proficiency test containing two samples annually using a Department approved procedure.

(a) The laboratory must use a proficiency test provider that is ISO/IEC 17043 or similarly accredited and has the applicable proficiency test on its scope of accreditation.

(b) Results will be deemed satisfactory if they fall within the expected range indicated by the proficiency test provider or results within the calculated proficiency sample mean + or – 3 standard deviations.

(3) The laboratory must provide the Department with all proficiency test results for permitted analysts within 30 days of receipt from the proficiency test provider.

(4) Upon notification that an analyst has failed to satisfactorily determine the blood alcohol level on a proficiency test, the analyst shall not perform any duties authorized by the analyst’s permit. For the analyst to resume conducting permitted duties the following must occur:

(a) The laboratory will review the unsatisfactory result, determine a cause, and take actions to remediate the cause.

(b) Remediation must include a requirement for the analyst to successfully complete a competency test as outlined in subparagraph 11D-8.013(2)(a)6., F.A.C.

(d) The Department will review the remediation documentation, determine if the analyst’s permit remains valid, and provide notification of this decision to the laboratory.

(5) Failure to satisfactorily determine the blood alcohol level of two (2) proficiency test in a row shall result in revocation of the blood analyst permit. If the permit is revoked for this reason, the analyst may reapply for a new permit no sooner than 12 months following the date of revocation.

History

Rulemaking Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a), 327.352(1)(b)3. FS. Law Implemented 316.1932(1)(b), 316.1933(2)(b), 316.1934(3), 322.63(3)(b), 327.352(1)(e), 327.353(2), 327.354(3) FS. History–New 10-31-93, Amended 1-1-97, 11-5-02, 5-29-14, 7-17-25, 7-1-26.

Fla. Admin. Code R. 11D-8.015 Denial, Revocation, and Suspension of Permits

(1) Notwithstanding an applicant’s qualifications, the Department shall deny an application for an original permit where the applicant:

(a) Fails to meet the permit qualifications under these rules.

(b) Has been convicted of any of the following offenses in any federal or state court:

Any felony;
Any misdemeanor involving perjury, false statements or falsification of records;
Criminal conviction for any violation of Chapter 893, F.S.;
Driving under the influence of alcoholic beverages or drugs during the five years prior to submitting the application;
Leaving the scene of a crash involving death or serious bodily injury.

(c) Knowingly performing the duties of a breath test operator, agency inspector, breath test instructor, or analyst without a valid applicable permit.

(d) Had the permit previously revoked under subsection (3) below.

(2) The Department is authorized to suspend any permit for any of the following reasons:

(a) Failure to prepare and maintain breath or blood testing records as required by these rules.

(b) Failure to continue to meet the qualifications for such permit.

(3) The Department is authorized to revoke any permit for any of the following reasons:

(a) Knowingly making a false statement or providing false information on any agency document or on any document required by these rules.

(b) Knowingly making a false statement or providing false information on any application for permit submitted to the Department.

Any felony;
Any misdemeanor involving perjury, false statements or falsification of records;
Driving under the influence of alcoholic beverages or drugs;
Leaving the scene of a crash involving death or serious bodily injury;
Any criminal violation of Chapter 893, F.S.

(d) Performing the duties of a breath test operator, agency inspector, or analyst with knowledge that the applicable permit is suspended or in violation of continuing education requirements.

(e) Having had the permit previously suspended for any violation of these rules.

(4) The Department is authorized to require a breath test operator, agency inspector, breath test instructor, or analyst who violates any of these rules to attend additional training or education related to their certification or permit.

(5) The Department is authorized to invalidate the registration of any evidential instrument for a violation of any rule relating to the use, custody and care of such instrument.

(6) All permits and registrations which have been suspended, revoked or invalidated must be surrendered to the Department upon demand.

History

Rulemaking Authority 316.1932(1)(a)2., (f)1., 316.1933(2)(b), 316.1934(3), 322.63(3)(a), (b), 327.352(1)(b)3. FS. Law Implemented 316.1933(2)(b), 316.1934(3), 322.63(3)(b), 327.353(2), 327.354(3) FS. History–New 10-31-93, Amended 1-1-97, 7-29-01, 11-5-02, 12-9-04, 3-27-06.

Fla. Admin. Code R. 11D-8.016 Administrative Hearings

All proceedings concerning the revocation, suspension, or denial of permits shall be conducted in accordance with Chapter 120, F.S., and the Florida Administrative Code.

History

Rulemaking Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a), 327.352(1)(b)3., (d) FS. Law Implemented 316.1933(2)(b), 316.1934(3), 322.63(3)(b), 327.353(2), 327.354(3) FS. History–New 10-31-93, Amended 7-29-01.

Fla. Admin. Code R. 11D-8.017 Forms

History

Rulemaking Authority 316.1932(1)(a)2., (f)1., 316.1933(2)(b), 316.1934(3), 322.63(3)(a), (b), 327.352(1)(b)3. FS. Law Implemented 316.1932(1)(b), 316.1933(2)(b), 316.1934(3), 322.63(3)(b), 327.352(1)(e), 327.353(2)(b), 327.354(3) FS. History–New 10-31-93, Amended 2-1-95, 1-1-97, 7-29-01, 11-5-02, 12-9-04, 3-27-06, Repealed 7-29-15.

Fla. Admin. Code R. 11D-8.018 Transition Clause

History

Rulemaking Authority 316.1932(1)(a)1., 322.63(3)(a), 327.352(1)(d) FS. Law Implemented 316.1932(1)(a)2., 316.1933(2)(b), 316.1934(3), 322.63(3)(b), 327.353(2), 327.354(3) FS. History–New 10-31-93, Repealed 1-1-97.

Fla. Admin. Code R. 11D-8.019 Forms

These forms may be obtained by contacting the Florida Department of Law Enforcement, Alcohol Testing Program, P.O. Box 1489, Tallahassee, Florida 32302.

Application for Permit to Conduct Blood Alcohol Analyses FDLE/ATP Form 4, revised September 2024, effective date July 2025, hereby incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-18208.

Breath Test Permit Application, FDLE/ATP Form 8, revised September 2024, effective date July 2025, hereby incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-18210.

Certificate of Assurance, FDLE/ATP Form 32 revised March 2001, effective date July 2015, hereby incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-18227.

Instrument Evaluation Procedures FDLE/ATP Form 34, revised March 2004, effective date July 2015, hereby incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-18228.

Department Inspection Procedures FDLE/ATP Form 36, revised August 2005, effective date July 2015, hereby incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-18229.

Department Inspection Procedures FDLE/ATP Form 36a created September 2024, revised September 2025, effective date July 2026, hereby incorporated by reference, http://flrules.org/Gateway/reference.asp?No=Ref-19477.

Operational Procedures – Intoxilyzer 8000 FDLE/ATP Form 37, revised August 2005, effective date July 2015, hereby incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-18230.

Operational Procedures – Intoxilyzer 9000 FDLE/ATP Form 37a, created September 2024, revised September 2025, effective date July 2026, hereby incorporated by reference, http://flrules.org/Gateway/reference.asp?No=Ref-19478.

Breath Alcohol Test Affidavit – Intoxilyzer 8000 FDLE/ATP Form 38, created March 2004, effective date July 2015, hereby incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-18231.

Breath Alcohol Test Affidavit – Intoxilyzer 9000 FDLE/ATP Form 38a, created September 2024, effective date July 2025, hereby incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-18213.

Agency Inspection Procedures – Intoxilyzer 8000 FDLE/ATP Form 39, revised August 2005, effective date July 2015, hereby incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-18232.

Agency Inspection Procedures – Intoxilyzer 9000 FDLE/ATP Form 39a, created September 2024, revised September 2025 effective date July 2026, hereby incorporated by reference, http://flrules.org/Gateway/reference.asp?No=Ref-19479.

Agency Inspection Report – Intoxilyzer 8000 FDLE/ATP Form 40, created March 2004, effective date July 2015, hereby incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-18233.

Agency Inspection Report – Intoxilyzer 9000 FDLE/ATP Form 40a, created September 2024, revised September 2025, effective date July 2026, hereby incorporated by reference, http://flrules.org/Gateway/reference.asp?No=Ref-19495.

Department Inspection Report – Intoxilyzer 8000, FDLE/ATP Form 41, revised August 2005, effective date July 2015, hereby incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-18226.

Department Inspection Report – Intoxilyzer 9000, FDLE/ATP Form 41a, created September 2024, revised September 2025, effective date July 2026, hereby incorporated by reference, http://flrules.org/Gateway/reference.asp?No=Ref-19496.

History

Rulemaking Authority 316.1932(1)(a)2., (f)1., 316.1933(2)(b), 316.1934(3), 322.63(3)(a), (b), 327.352(1)(b)3. FS. Law Implemented 316.1932(1)(b), 316.1933(2)(b), 316.1934(3), 322.63(3)(b), 327.352(1)(e), 327.353(2)(b), 327.354(3) FS. History–New 7-17-25, Amended 7-16-26.

Chapter 11D-9 EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE FORMULA GRANT PROGRAM

Fla. Admin. Code R. 11D-9.001 Definitions

As used in these rules, except where the context clearly indicates a different meaning, the following terms shall have the meaning indicated:

(1) “Act” means the Omnibus Crime Control and Safe Streets Act of 1968, 34 U.S.C. 3701, et. seq., as amended.

(2) “BJA” means the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice.

(3) “JAG” means the Edward Byrne Memorial Justice Assistance Grant Program.

(4) “JAG-Countywide” means the 60% funding stream formerly known as the Byrne Program.

(5) “JAG-Direct” means the 40% funding stream formerly known as the Local Law Enforcement Block Grant Program.

(6) “Criminal Justice System” means agencies established by state and local units of government to apprehend, prosecute, and adjudicate criminal offenders, including correctional agencies established to carry out the sentence imposed upon criminal offenders.

(7) “Department” means the Florida Department of Law Enforcement.

(8) “Eligible Application” is an application for Act funds, which meets the requirements of rules 11D-9.001, 11D-9.002, 11D-9.005 and 11D-9.006, F.A.C.

(9) “Local Applicant” means any governing body of a city or county, however styled, including that of a consolidated or metropolitan government and including an Indian Tribe which performs law enforcement functions as determined by the Secretary of the Interior.

(10) “OCJG” means the Office of Criminal Justice Grants, Business Support Programs, Florida Department of Law Enforcement.

(11) “State Applicant” means any unit of the executive, legislative or judicial branches of state government which performs functions related to the purposes of the Act.

(12) “Statewide Strategic Plan” means a comprehensive plan developed in consultation with key stakeholders, as identified in the Omnibus Crime Control and Safe Streets Act, Section 502 (6)(a), detailing how grants adminstered under the JAG-Countywide and JAG-Direct Programs will be used to improve the criminal justice system.

(13) “Substance Abuse and Violent Crime Identification Matrix” means a set of statistical factors and values used by the Department to ascertain the degree of the drug problem or violent crime within any particular county relative to any other particular county.

History

Rulemaking Authority 943.03(4), 943.403 FS. Law Implemented 943.25(1), 943.402 FS. History–New 2-6-90, Amended 4-2-92, 2-7-95, Formerly 9G-16.002, Amended 3-8-99, Formerly 9B-61.002, Amended 11-5-02, 3-27-06, 3-13-13, 7-9-19.

Fla. Admin. Code R. 11D-9.002 Funds Availability

(1) JAG-Countywide. The amount of funds available shall be that amount allocated each federal fiscal year to the State of Florida by the federal government under the Act and appropriated by the legislature.

(2) The Department shall attempt to obligate all of the funds available in the current federal fiscal year, but may obligate part or all of the funds in a later federal fiscal year, when permitted by Federal law and applicable Florida Statutes.

(3) The Department shall establish a Substance Abuse and Violent Crime Identification Matrix, comprised of population and crime data, which shall be used, to determine the amount of funds allocated to each county in accordance with paragraph 11D-9.002(4)(c), F.A.C., of this subsection. Through analysis of statewide databases, the Department shall determine the rate, trend and magnitude of the following group indices and their identified variables for the most recent five years of available data in each of Florida’s counties:

(a) Violent Crime Index.

Number of Burglary Offenses.
Number of Larceny Offenses.
Number of Robbery Offenses.
Number of Murder Offenses.

(b) Juvenile Involvement in Drugs Index.

Number of juveniles arrested for sale and possession of marijuana.
Number of juveniles arrested for sale and possession of cocaine.
Drug Arrest Index. Number of arrests for sale and possession of any drug.

(4) Based on the rate, trend and magnitude of these indices in each county relative to every other county, the Department shall generate a listing of the counties. Such listing shall be generated every two years.

(5) Each county shall be allocated a percentage of local share federal funds equal to one-half of the sum of that county’s percentage of statewide need as determined by the Substance Abuse and Violent Crime Identification Matrix plus that county’s percentage of the total state population.

(6) JAG-Direct. BJA determines eligibility of JAG-Direct funds. Distribution of JAG-Direct funds will be determined by using the latest available UCR data and distributed to local units of government.

History

Rulemaking Authority 943.03(4), 943.403 FS. Law Implemented 943.25(1), 943.402 FS. History–New 2-6-90, Amended 4-2-92, 2-7-95, Formerly 9G-16.003, Amended 3-8-99, Formerly 9B-61.003, Amended 11-5-02, 3-27-06, 7-9-19.

Fla. Admin. Code R. 11D-9.003 Limitations on Funds Use

History

Rulemaking Authority 943.03(4), 943.403 FS. Law Implemented 943.25(1), 943.402 FS. History–New 2-6-90, Amended 4-2-92, Formerly 9G-16.006, 9B-61.006, Amended 11-5-02, Repealed 3-27-06.

Fla. Admin. Code R. 11D-9.004 Eligible Purposes and Programs

History

Rulemaking Authority 943.03(4), 943.403 FS. Law Implemented 943.25(1), 943.402 FS. History–New 2-6-90, Amended 2-7-95, Formerly 9G-16.007, 9B-61.007, Amended 11-5-02, Repealed 3-27-06.

Fla. Admin. Code R. 11D-9.005 Application and Award Procedures

(1) Statewide Strategic Plan. The Department shall develop a Statewide plan to determine how grants received under the Edward Byrne Memorial Justice Assistance Grant Program will be used to improve the administration of the criminal justice system. The plan shall:

(a) Be designed in consultation with local governments and representatives of all segments of the criminal justice systems as outlined in the Act, Section 502(6)(A);

(b) Include a description of how the State will allocate funding within the JAG program areas identified in the Act, Section 501(a)(1);

(c) Describe the process used by State for gathering evidenced-based data and the use of such data in support of funding decisions; and

(d) Be updated every 5 years.

(2) JAG-Countywide Notification Process for State Applicants.

(a) The Department shall notify in writing state agencies that are appropriated a portion of the JAG-Countywide funds as determined by the Florida Legislature. Such notice shall identify the funding available, the purposes for which these funds may be used and the procedures required for receipt of such funds.

(b) State agencies so notified shall be obligated the appropriated funds upon receipt of an application for such funds from the affected agency.

(c) Applicants who submit proposals to the Department for consideration shall submit a completed application package via the Department’s electronic grants management system.

(3) JAG-Countywide Notification Process for Local Applicants.

(a) The Department shall send notice of the funding cycle to the Chairman for the Board of County Commissioners in each county. The Department shall also provide a courtesy copy of said notice to the Chief Elected Official of the governing body of each city located in each county so notified.

(b) The Chairman for the Board of County Commissioners in each county so notified shall return to the Department within 30 days of receiving the funding notification, a statement of participation indicating the county’s willingness to serve as the coordinating unit of government for at least 51% percent of the units of government which also represent at least 51% percent of the population located in said county. In the event the county declines to serve as the coordinating unit of government, the Department shall request the governing body of each municipality, in descending order of population, to serve as the coordinating unit of government.

(c) The county shall designate a county coordinator to serve as the primary point-of-contact for JAG-Countywide local application planning and coordination. The county coordinator shall be responsible for: coordinating the 51% process, coordinating the county’s application submission, providing application instructions to approved agencies, and overseeing all applications within the county to ensure timely submission.

(d) Units of government receiving JAG Countywide funds must reach a written consensus on the use of those funds. This written consensus shall be documented through submission of 51% letters which must:

Represent at least 51% of the units of government in the county;
Represent at least 51% of the population of the county;
Be signed by the chief official for the unit of government;
Identify each recipient, the amount, and the purpose for use of the funds; and
Include the total amount of the county’s JAG Countywide allocation.

(4) JAG-Countywide Local Application Process.

(a) Each applicant is encouraged to appoint an Advisory Board, the membership of which shall include at a minimum the following persons or their authorized designee: Chief Circuit Judge, State Attorney, Public Defender, Sheriff, Chief of Police of each municipality within the county or a Chief of Police designated by those Chiefs of Police as their representative, Jail Administrator, Clerk of the Court, Superintendent of Education and a representative of local drug treatment programs. An existing Board or Council whose membership includes the listed representatives may be utilized in lieu of appointing a new Board or Council. The Advisory Board shall serve as the primary body for identifying priority areas for funding to improve criminal justice within the local jurisdiction.

(b) Applicants who submit proposals to the Department for consideration shall submit a completed application package which is filled out via the Department’s electronic grant management system.

(c) The Department shall review all applications for JAG-Countywide funds and shall reject any application not meeting the requirements of these rules and applicable federal and state laws.

(5) JAG-Direct Notification Process for Local Applicants. To initiate a funding cycle, the Department shall send notice of the funding cycle to the Chief Elected Official of the governing body of each unit of government identified by BJA as eligible to receive JAG-Direct funds.

(6) JAG-Direct Local Application Process.

(a) Applicants who submit proposals to the Department for consideration shall submit a completed application package which is filled out via the Department’s electronic grant management system.

(b) The Department shall review all applications for Act funds and shall reject any application not meeting the requirements of these rules and applicable federal and state laws.

History

Rulemaking Authority 943.03(4), 943.403 FS. Law Implemented 943.25(1), 943.402 FS. History–New 2-6-90, Amended 2-7-95, Formerly 9G-16.008, Amended 6-22-00, Formerly 9B-61.008, Amended 11-5-02, 3-27-06, 3-13-13, 7-9-19.

Fla. Admin. Code R. 11D-9.006 Forms and Instructions

Copies of the materials and forms required for the application process in rule 11D-9.005, F.A.C., are incorporated by reference herein may be obtained through the electronic grants management system, the Office of Criminal Justice Grants website, by email to criminaljustice@fdle.state.fl.us, or by writing or calling: Office of Criminal Justice Grants, Department of Law Enforcement, 2331 Phillips Road, Tallahassee, Florida 32308, Telephone (850)617-1250.

Forms Required

(1) Project Expenditure Report

https://www.flrules.org/Gateway/reference.asp?No=Ref-02283

OCJG-001 (rev. June 2012)

(2) Financial Closeout Audit

https://www.flrules.org/Gateway/reference.asp?No=Ref-02284

OCJG-002 (rev. June 2012)

(3) PGI Budget Request

https://www.flrules.org/Gateway/reference.asp?No=Ref-02285

OCJG-003 (rev. June 2012)

(4) PGI Earnings and Expenditure Report

https://www.flrules.org/Gateway/reference.asp?No=Ref-02287

OCJG-004 (rev. June 2012)

(5) Application for Funding Assistance

OCJG-005 (rev. April 2005)

(6) Confidential Funds Certification

OCJG-008 (rev. October 2005)

(7) Criminal Intelligence System Certification

OCJG-009 (rev. October 2005)

(8) Automated Data Processing (ADP) Equipment and Software and Criminal Justice

Information and Communication Systems Request for Approval Form

OCJG-010 (rev. October 2005)

(9) Sole Source Justification for Services and Equipment Request for Approval Form

https://www.flrules.org/Gateway/reference.asp?No=Ref-02288

OCJG-011 (rev. June 2012)

(10) Certificate of Acceptance of Subgrant Award

https://www.flrules.org/Gateway/reference.asp?No=Ref-02289

OCJG-012 (rev. June 2012)

(11) Refund Form

https://www.flrules.org/Gateway/reference.asp?No=Ref-02290

OCJG-018 (created June 2012)

(12) Grant Adjustment Notice

https://www.flrules.org/Gateway/reference.asp?No=Ref-02314

OCJG-020 (created June 2012)

(13) Performance Report

http://www.flrules.org/Gateway/reference.asp?No=Ref-02292

OCJG-023 (created June 2012)

(14) Certificate of Participation

https://www.flrules.org/Gateway/reference.asp?No=Ref-02293

OCJG-024 (created June 2012)

(15) Request for Cash Advance

https://www.flrules.org/Gateway/reference.asp?No=Ref-02315

OCJG-025 (created June 2012)

(16) PGI Budget Approval

https://www.flrules.org/Gateway/reference.asp?No=Ref-02295

OCJG-026 (created June 2012)

(17) Certification as to Bulletproof Vest Purchase Requirements

https://www.flrules.org/Gateway/reference.asp?No=Ref-02296

OCJG-027 (created June 2012)

History

Rulemaking Authority 943.03(4), 943.403 FS. Law Implemented 943.25(1), 943.402 FS. History–New 2-6-90, Amended 2-7-95, Formerly 9G-16.009, Amended 6-22-00, Formerly 9B-61.009, Amended 11-5-02, 3-27-06, 3-13-13, 7-9-19.

Chapter 11D-10 FLORIDA LAW ENFORCEMENT OFFICERS' HALL OF FAME

Fla. Admin. Code R. 11D-10.001 Eligibility Requirements

(1) Any person nominated for induction into the Florida Law Enforcement Officers’ Hall of Fame shall meet the following minimum eligibility requirements:

(a) An active, retired, or deceased Florida law enforcement officer as defined in section 943.10(1), F.S.;

(b) Born in Florida or adopted Florida as their home state pursuant to section 222.17, F.S.;

(d) Exhibited excellent character within the line of duty and to the community for which he/she served. For the purpose of this rule, the term excellent character means the officer has exhibited good moral character pursuant to rule 11B-27.0011, F.A.C.; and,

(e) Be of good reputation among peers and in the community served.

(2) Governor’s Office employees, state elected officials, and members of the Florida Law Enforcement Officers’ Hall of Fame Selection Committee are ineligible for induction until two years after they have left their position.

History

Rulemaking Authority 265.0041(5) FS. Law Implemented 265.0041 FS. History–New 7-29-15.

Fla. Admin. Code R. 11D-10.002 Nomination Guidelines,

(1) Between July 1 and August 31 of each calendar year, the Florida Department of Law Enforcement shall accept a maximum of three nominations from each of the following associations:

(a) Florida Police Chiefs Association;

(b) Florida Sheriffs Association;

(d) Fraternal Order of Police; and,

(e) State Law Enforcement Chiefs Association.

(2) All nomination forms and supporting documentation shall be postmarked no later than August 31. Nominations postmarked after August 31 will not be considered.

(3) Nomination packages shall include the following to be eligible for consideration:

(a) Florida Law Enforcement Officers’ Hall of Fame Nomination, form FAME-1, created January 1, 2015, effective date July 2015, hereby incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-05659. Form FAME-1 can be obtained at the following FDLE internet address: http://www.fdle.state.fl.us/Content/CJST/Publications/Professionalism-Program-Forms.aspx, or by contacting the Florida Law Enforcement Officers’ Hall of Fame coordinator at (850)410-7567.

(b) Summary of the nominee’s professional law enforcement history;

(c) Written two-page documentation describing why the nominee should be selected, to include a description of his/her contribution to law enforcement;

(d) Agency or department photograph; and,

(e) Proof of the nominee’s outstanding performance, actions, accomplishments and character, to include any professional acts of excellence above and beyond minimum standards. Examples include letters of recommendation, official reports, statements, newspaper article(s), or other media archive historical references.

(4) Examples of additional information to include are a summary of civic contributions, humanitarian activities or other awards and honors bestowed on the nominee.

(5) Nomination packages shall not exceed 10 pages and shall include one person per nomination.

(6) Nominees not selected for induction are eligible to be nominated in subsequent years by one of the associations identifed in paragraph (1) of this rule section.

(7) All nomination packages become the property of the Florida Law Enforcement Officers’ Hall of Fame and will not be returned.

History

Rulemaking Authority 265.0041(5) FS. Law Implemented 265.0041 FS. History–New 7-29-15.

Fla. Admin. Code R. 11D-10.003 Selection Committee

(1) Nominations for induction into the Florida Law Enforcement Officers’ Hall of Fame will be reviewed to ensure nominations were received by the established deadline, nominees meet the eligibility requirements pursuant to subsection 11D-10.001(1), F.A.C., and the nomination package complies with the requirements of rule 11D-10.002, F.A.C.

(2) A Florida Law Enforcement Officers’ Hall of Fame Selection Committee is established. The Selection Committee shall be comprised of an individual from each of the nominating organizations pursuant to subsection 11D-10.002(1), F.A.C.

(3) The Selection Committee shall deliberate and select no more than 5 nominees to be transmitted each calendar year to the Governor and Cabinet for possible induction into the Florida Law Enforcement Officers’ Hall of Fame.

History

Rulemaking Authority 265.0041(5) FS. Law Implemented 265.0041 FS. History–New 7-29-15, Amended 7-9-19.

Chapter 11D-11 SOLICITING FOR PROSTITUTION DATABASE

Fla. Admin. Code R. 11D-11.001 Definitions

(1) For implementation of this rule chapter the term “subsequently committed” as provided in Section 943.0433(2)(a), F.S. shall mean: having been found guilty as a result of a trial or having entered a plea of guilty or nolo contendere, regardless of whether adjudication is withheld.

(2) For implementation of this rule chapter the term “full legal name” as provided in Section 943.0433(3)(a), F.S. shall mean the full name as recorded in the criminal history record provided by the clerk of court pursuant to Section 796.07(5)(e), F.S.

(3) For implementation of this rule chapter the term “last known address” as provided in Section 943.0433(3)(b), F.S. shall mean the last known address as recorded in the criminal history record provided by the clerk of court pursuant to Section 796.07(5)(e), F.S.

(4) For implementation of this rule chapter the term “color photograph” as provided in Section 943.0433(3)(c), F.S. shall mean a photograph of the individual as contained in the criminal history or booking record of the individual if applicable.

History

Rulemaking Authority 943.03(4), 943.0433(4) FS. Law Implemented 943.0433 FS. History–New 5-5-20, Amended 5-20-21.

Fla. Admin. Code R. 11D-11.002 Procedures

(1) Upon receipt of a criminal history record that the clerk of court has determined to meet the requirements of Section 796.07(5)(e), F.S. for inclusion on the Soliciting for Prostitution Database, the Department shall add such record to the database as required by Section 943.0433(1), F.S.

(2) The Department shall remove a criminal history record from the database only upon satisfaction of the requirements in Section 943.0433(2), F.S. Petitioners seeking removal of the database shall submit a completed Petition for Removal from the Solicitation for Prostitution Database, form FDLE/SFPDB-01, revised 05/21, hereby incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-13163.

History

Rulemaking Authority 943.03(4), 943.0433(4) FS. Law Implemented 943.0433 FS. History–New 5-5-20, Amended 5-20-21.

Chapter 11D-12 SEXUAL OFFENSE KIT TRACKING DATEBASE

Fla. Admin. Code R. 11D-12.001 Definitions

As used in Rule 11D-12.002, F.A.C., the following definitions apply:

(1) “Kit” shall mean a Florida sexual offense evidence kit or other sealed package containing samples collected from the alleged victim’s body.

(2) “Participating Entities” shall mean entities that participate in the statewide database as described in Section 943.326(4)(c), F.S.

(3) “Software” shall mean Invita Healthcare Technologies Track-Kit™ cloud-based software.

(4) “Administrator” shall mean a participating entity’s designated individual who shall have add, delete, and editing authority of its users.

(5) “User” shall mean a member of a participating entity who has login access to the “software”.

(6) “Forensic Medical Exam Facility” means a participating entity responsible for collecting a kit, or other DNA evidence from an alleged victim of a sexual offense.

(7) “Vendor” shall mean a company doing business with FDLE to prepare barcoded “kits” for the statewide database.

(8) “Non-reporting kit” shall mean a “kit” collected from an alleged victim who has not filed a report with law enforcement, and whose identity is not disclosed to law enforcement.

(9) “DNA match” shall mean an association made to a DNA reference sample from a person deemed by investigators to be a suspect or person of interest via direct submission to the laboratory or through the DNA investigative support database.

(10) “Assigned officer” shall mean a “user” responsible for releasing or not releasing a “DNA match” to the “Survivor portal”.

(11) “Survivor portal” shall mean the software page accessible by the alleged victim.

History

Rulemaking Authority 943.03(4), 943.326(4)(d) FS. Law Implemented 943.326 FS. History–New 7-20-22, Amended 7-17-25.

Fla. Admin. Code R. 11D-12.002 Procedures

(1) Kit tracking. Participating Entities shall utilize the software and identify at least one administrator. The administrator’s contact information shall be provided to FDLE.

(a) Forensic Medical Exam Facilities.

Barcoded kits obtained from the vendor shall be utilized during the exam. In the event a barcoded kit is not available, FDLE shall be contacted.
The software shall be utilized to receive kits from the vendor.
The examiner shall claim a kit and indicate the collection date in real time, or no later than 24 hours after the collection.
If the alleged victim is under 18 years old, it shall be indicated.
If the alleged victim is not filing a police report, it shall be documented, along with the location of the kit storage. A facility member shall provide the non-reporting kit to a law enforcement agency to facilitate the transfer to the department, or utilize the department mailing procedure to transfer the non-reporting kit to the department.
The examiner shall provide the alleged victim with the unique kit number, password, and instructions to be able to access the software.
A user shall reset the alleged victim’s password, when applicable.
The kit shall be securely and properly stored at the facility until transferred to the law enforcement agency, when applicable.
If non-reporting kits are stored, following a report being made, a user shall document the change and the date of the report. It shall be indicated when the kit has been destroyed, when applicable.
All non-reporting kits shall be securely stored until transferred to the department for storage. The transfer may be made by a law enforcement agency.

(b) Law Enforcement Agencies.

Agency member users shall enter the kit pickup date from the forensic medical exam facility, the case number, and the assigned officer in real time, or no later than 24 hours after the pickup. Non-reporting kits only being transported to the department do not require any software entry.
Agency member users shall document when the kit is picked up from the laboratory in real time, or no later than 24 hours after the pickup.
Agency member users shall ensure the release of a DNA match, as described in Section 943.326(4)(e), F.S.
It shall be indicated if the kit has been destroyed, and why, or if the storage agency changes (e.g. for court or transfer to another law enforcement agency).
A user shall reset the alleged victim’s password, when applicable.
If a non-reporting kit is stored and a subsequent report is made regarding the stored kit, a user shall document the change and the date of the report.
If a report is received such that a non-reporting kit falls under 943.326(1)(b), F.S., an agency member shall contact the department to update the reporting status.

Laboratory member users shall enter the date the kit was received from a law enforcement agency and the laboratory case number in real time, or no later than 24 hours after the receipt.
Laboratory member users shall indicate when the kit is ready for law enforcement pickup.
A completion date shall be entered once the laboratory analysis is finished and the report has been released to the law enforcement agency.
Laboratory member users shall enter the date of a DNA match, if applicable.
Laboratory member users shall indicate transfer of the kit into long-term storage, if applicable.
If kits are stored, it shall be indicated if the kit is destroyed and the reason for destruction.

(2) Kit distribution. Vendors shall utilize the software to create pending orders, receive lots of kits and to fill orders. The vendor shall create the unique barcodes for the kits and passwords for the alleged victims and include this information within the kit.

History

Rulemaking Authority 943.03(4), 943.326(4)(d) FS. Law Implemented 943.326 FS. History–New 7-20-22, Amended 7-17-25.

Fla. Admin. Code R. 11D-12.003 Definitions

As used in Rule 11D-12.004, F.A.C., the following definitions apply:

(1) “SNP profile” shall mean a DNA profile comprised of Single Nucleotide Polymorphism data.

(2) “STR profile” shall mean a Short Tandem Repeat DNA profile generated by or owned by a participating member of the statewide criminal laboratory analysis system (943.32, F.S.) with access to the state CODIS database (943.325, F.S.).

(3) “DNA record” means all information associated with the collection and analysis of a person’s DNA sample, including the distinguishing characteristics collectively referred to as a DNA profile, and includes STR profiles, SNP profiles, and the results of whole genome sequencing. (119.071, F.S.)

(4) “Participating entities” shall mean Florida law enforcement agencies who employ law enforcement officers as defined in s. 943.10, district medical examiners and staff as defined under c. 406, and the Department.

(5) “Unidentified Human Remains (UHR)” shall refer to unidentified persons, decedents, or portions and body parts thereof.

History

Rulemaking Authority 943.03(4), 943.326(4)(d) FS. Law Implemented 943.327 FS. History– New 7-17-25.

Fla. Admin. Code R. 11D-12.004 Procedures

(1) Forensic Investigative Genetic Genealogy Grant Program.

(a) Participating entities shall ensure:

Compliance with applicable portions of 119, F.S. as pertains to DNA records and investigative genetic genealogy information and materials and s 24(a) Art. I of the State Constitution.
Any genetic genealogy laboratory vendor contracted for the generation of SNP profiles demonstrates compliance with International Organization for Standardization ISO/IEC 17025 International Standards for Testing and Calibration Laboratories and holds a current accreditation certificate.
Any forensic vendor laboratory contracted for the generation of STR profiles demonstrates compliance with subparagraph (1)(a)2. and the Quality Assurance Standards for Forensic DNA Testing Laboratories as issued by the Director of the FBI as evidenced on a current accreditation certificate.
Any investigative genetic genealogy vendor fulfills subparagraph (1)(a)2. or (1)(a)3., or if the vendor does not perform laboratory testing, that the vendor utilizes a subcontracted vendor laboratory that meets the required accreditation(s).
Compliance with Department rules for state financial assistance pass-through programs regarding procurement and performance metric reporting.
That a STR profile has minimally been uploaded to the state CODIS database prior to initiation of forensic investigative genetic genealogy for criminal cases and to the state CODIS database or directly to the national CODIS database for UHR cases.

(b) Laboratories within the statewide criminal analysis laboratory system

STR profiles shall be offered to CODIS in accordance with 943.325, F.S., 42 U.S.C. §14132, and 34 U.S.C. § 12592(a)(4).
Confirmation that a STR profile for a putative perpetrator or unidentified person or remains shall be provided to grant applicants.

Grant applicants will ensure cases and samples meet the Terms of Service of applicable public genetic genealogy databases that permit law enforcement searching and use.
Grant applicants shall attest:

a. That all investigative leads and resources other than Forensic Investigative Genetic Genealogy have been exhausted in attempts to obtain actionable investigative leads.

b. If a UHR is reasonably believed to be the victim of a homicide.

c. That UHR cases and details have been added to the National Missing and Unidentified Persons System (NamUs) database.

(d) District Medical Examiner Offices

Grant applicants will ensure cases and samples meet the Terms of Service of applicable public genetic genealogy databases that permit law enforcement searching and use specific to Unidentified Human Remains.
Grant applicants shall attest that UHR cases and details have been added to the National Missing and Unidentified Persons System (NamUs) database.

(e) Assistant State Attorneys

For criminal cases and UHR cases with a suspected nexus to homicide, the Assistant State Attorney of the applicable jurisdiction shall agree to review the case scenario and attest that a case, if a person of interest is identified, would be pursued up to and including prosecution of possible.

a. The above is not an agreement to prosecute in the absence of sufficient evidence, witnesses, or support.

b. Signature of the Assistant State Attorney for a judicial circuit, where required on the grant application, serves to further confirm that a violent crime has occurred and/or that a UHR is reasonably believed to be the victim of a homicide.

(2) Exceptions to case, technical, and vendor criteria may be granted on a case-by-case basis based on the availability of funds and approval of department program management.

(3) Case criteria are further defined by the Department, subject to genetic genealogy database vendor terms, and published to a website whenever grant applications are being accepted.

(4) Technical criteria for evidentiary samples are further defined by the Department and published to a website whenever grant applications are being accepted and are subject to changes based on evolving technological advances.

(5) Eligible vendor criteria are defined above and subject to applicable procurement laws and rules.

(6) Department distribution of awards shall follow the order in which applications were received, approved, and all requirements for receipt of funds met.

(7) The Department shall offer laboratory services and investigative support to grantees upon request and in accordance with department policy.

(8) The Department Forensic Services division, as part of a state law enforcement agency, may also apply and must meet the same criteria as other grantees.

History

Rulemaking Authority 943.03(4), 943.326(4)(d), 943.327(6) FS. Law Implemented 943.327 FS. History– New 7-17-25.

Fla. Admin. Code R. 11D-12.005 Definitions for Expedited DNA Testing Grant

As used in Rule 11D-12.006, F.A.C., the following definitions apply:

(1) “STR DNA Testing” shall mean the methods and technologies utilized to generate a Short Tandem Repeat (STR) profile compatible with forensic STR DNA testing utilized for generation of profiles for the Combined DNA Index System (CODIS)

(2) “STR profile” shall mean a Short Tandem Repeat DNA profile generated by or owned by a participating member of the statewide criminal laboratory analysis system (section 943.32, F.S.) with access to the state CODIS database (section 943.325, F.S.).

(4) “Public crime laboratory” shall mean a member of the statewide criminal laboratory analysis system (section 943.32, F.S.)

(5) “Participating entities” shall mean Florida law enforcement agencies who employ law enforcement officers as defined in section 943.10, F.S., and the Department.

(6) “Private laboratory” shall mean a vendor laboratory holding accreditation from a recognized accrediting body (American National Standards Institute-National Accreditation Board, ANAB; American Association for Laboratory Accreditation, A2LA) where the Scope of Accreditation includes STR DNA testing.

(7) “Quality Assurance Standards” shall refer to the current version of the Quality Assurance Standards for Forensic DNA Testing Laboratories as issued by the Director of the Federal Bureau of Investigation which apply to laboratories in the generation of DNA profiles that may be offered to the National DNA Index System and/or are generated using Federal funds. The following are defined within the QAS: Accreditation, Casework reference sample, CODIS, Outsourcing, Ownership, Ownership review, Technical Leader, Technical review, Vendor laboratory.

History

Rulemaking Authority 120.536(1), 120.54, 943.325(4), 943.328(1) FS. Law Implemented 943.328 FS. History–New 7-9-26.

Fla. Admin. Code R. 11D-12.006 Procedures for Expedited DNA Testing Grant

Expedited DNA Testing Grant Program:

(1) Any statewide or local Florida Law Enforcement Agency, including such agencies that house a laboratory that is part of the statewide criminal laboratory analysis system (section 943.32, F.S.) may apply for funding, when available, for the use of a private accredited laboratory for forensic DNA testing.

(2) Funding may be utilized under two circumstances.

(a) The technology or technique needed to perform STR DNA testing is not readily available from the statewide criminal laboratory analysis system.

Attestation by the DNA Technical Leader or supervisory member of the public crime laboratory which normally provides DNA services to the applicant, that the technology or technique is not readily available, must be documented on the application form.

(b) When the public crime laboratory that normally serves the law enforcement customer advises that its anticipated turnaround time for the case exceeds that which the investigating agency determines is necessary to advance the investigation.

The public crime laboratory which normally provides DNA services to the applicant must indicate its capacity to accommodate a rushed testing request and provide a good faith estimate as to the time needed to conduct the requested DNA testing, to be documented on the application form.
A need for expedited DNA testing services to advance the investigation is demonstrated by the applicant on the application form and does not include expedited DNA testing where the putative perpetrator has already been identified, is currently incarcerated, or for pending hearing and trial proceedings.

(3) Technical and Case Criteria

(a) Cases where CODIS-eligible DNA profile(s) may be developed, require approval from the public crime laboratory DNA Technical Leader before DNA testing is initiated, as per the current National DNA Index System (NDIS) Operational Procedures Manual, the Quality Assurance Standards for Forensic DNA Testing Laboratories (QAS) as issued by the Director of the Federal Bureau of Investigation (FBI), and the public crime laboratory’s Memorandum of Understanding with the FBI for the use of CODIS.

(b) Participating entities must not purposefully split cases between the public and private laboratory, meaning some evidence submitted to each for the same case, barring circumstances where the public crime laboratory has not validated the most appropriate procedure to perform the necessary testing for one or more items of evidence.

Some DNA records for known casework reference sample donors cannot be provided to the private vendor laboratory by the public crime laboratory; therefore, it may be necessary for some known reference standard samples to be sent to the private vendor laboratory along with the evidence as well as to the public laboratory for comparison and CODIS entry purposes.

(c) Cases where all necessary known reference samples from individuals associated with the case (alleged victim, alleged suspect, subjects, elimination donors) are available for direct comparisons with forensic crime scene samples and where the evidentiary profiles are either not eligible for CODIS entry or would not benefit the criminal justice community by being entered into CODIS (expected resulting profiles are already in CODIS) do not require public laboratory DNA TL prior approval.

Law enforcement agencies and vendor laboratories may not petition the public crime laboratory DNA TL for technical ownership review after testing has been initiated or completed.

(d) Acceptance of STR DNA profiles for technical ownership review and possible entry into CODIS will not be considered for any case where DNA TL approval was not obtained prior to initiation of DNA extraction by the vendor, per case submission to the vendor.

(e) Funds are to be used for STR DNA testing using generally accepted methods, where expediency beyond that available from the public laboratory is warranted.

(f) Funds may not be used for cases where use of the private vendor laboratory would not comply with section 932.326, F.S. regarding the required testing of sexual assault evidence kits.

(4) Vendor Criteria and Responsibility

(a) Accreditation by a recognized accrediting body to ISO/IEC 17025:2017, additional requirements for Forensic DNA Testing Laboratories as determined by the accrediting body, and the current version of the FBI DNA QAS.

Must satisfy accreditation requirements of the Federal DNA Identification Act (34 U.S.C. §12592).

(b) It is the responsibility of the grant applicant to ensure the chosen vendor qualifies to receive the passthrough grant funding and to obtain any necessary approvals.

(c) Any vendor receiving passthrough funding, must supply the public laboratory with all documentation necessary to satisfy QAS 17 (Outsourcing Ownership). The FBI On-site Vendor Program where documentation is collected but not reviewed or audited does not substitute for this requirement.

(d) All vendors must adhere to sections 760.40 and 119.071, F.S., and any other applicable Florida Statutes and Florida Administrative Code Rule in order to be eligible to receive passthrough funding.

(5) Public Crime Laboratory Responsibility

(a) Regarding the technical ownership review of data generated by a private vendor laboratory, the public crime laboratory must follow its own Polices and Procedures, however named, and adhere to all documents indicated in (3)(a).

(b) The law enforcement applicant must liaise with the public crime laboratory that would normally provide DNA testing services for that agency as part of the Statewide Crime Laboratory System (FDLE Regional Crime Laboratories, Miami-Dade Sheriff’s Office Crime Laboratory, Broward Sheriff’s Office Crime Laboratory, Indian River Regional Crime Laboratory, Palm Beach Sheriff’s Office Crime Laboratory, Pinellas County Forensic Laboratory) to complete its application form.

(c) If a vendor laboratory for which the public laboratory DNA TL has not satisfied FBI DNA QAS 17 for a given calendar year is selected by the grant applicant, the public crime laboratory may request 45 calendar days to review and approve the necessary documentation prior to the initiation of testing.

The public crime laboratory DNA TL may refuse to review the technical specifications as per FBI DNA QAS 17.2, if the public crime laboratory deems in-house testing would be more expeditious. Consideration is given for time required to satisfy the QAS 17.3, to ensure the laboratory has and follows a documented procedure to verify the integrity of the DNA data received for the purposes of taking ownership of DNA data from a vendor laboratory.

(d) As part of the application process, the public crime laboratory that would normally serve the law enforcement agency must provide a good faith estimate of the time it would take to process the case in-house.

(e) A public crime laboratory may apply for and utilize funding to outsource testing in accordance with its own Policies and Procedures as a means of reducing overall turnaround time to customers, including cases it selects to outsource in order to accommodate expedited testing requests in-house and/or a case for which an application for Expedited DNA Testing Grant Funding was made.

The public crime laboratory’s parent law enforcement agency will serve as grantee and provide the same documentation as any grantee.

(6) Application Review and Prioritization

(a) Applicants must use the prescribed form provided by the Department and submit all requested accompanying documentation in support of eligibility for consideration.

Application review by the Department is contingent on staffing and subject matter expert availability.

(b) Applications will be reviewed when funding is available. In the event insufficient funding is available, cases demonstrating exigent public safety threat may be prioritized.

(7) Awardees must follow procurement rules and provide performance reporting metrics, monthly during the period in which the grantee and the Department have an executed contract for passthrough funding, and including an end-of-case form.

(8) Status of funding and application materials will be maintained on the Department website.

History

Rulemaking Authority 943.03(4), 943.328(6) FS. Law Implemented 943.328 FS. History–New 7-9-26.

Chapter 11D-13 CARE FOR RETIRED POLICE DOGS PROGRAM

Fla. Admin. Code R. 11D-13.001 Definitions

(1) “Department” means the Florida Department of Law Enforcement.

(2) “Program” means the Care For Retired Police Dogs Program.

(3) “Retired Police Dog” means a dog that was previously in the service of or employed by a law enforcement agency or a correctional agency in Florida for the principal purpose of aiding in the detection of criminal activity, enforcement of laws, or apprehension of offenders that received certification in obedience and apprehension work from a certifying organization, such as the National Police Canine Association.

(4) “Correctional Agency” means a lawfully established state or local public agency having primary responsibility for the supervision, protection, care, custody, control, or investigation of inmates at a correctional institution.

(5) “Law Enforcement Agency” means a lawfully established state or local public agency having primary responsibility for the prevention and detection of crime or the enforcement of penal, traffic, highway, regulatory, game, immigration, postal, customs, or controlled substance laws.

(6) “Veterinary Care” means the practice, by a veterinarian, of veterinary medicine as defined in Section 474.202, Florida Statutes. The term includes annual wellness examinations, vaccinations, internal and external parasite prevention treatments, testing and treatments of illnesses and diseases, medications, emergency care and surgeries, veterinary oncology or other specialty care, euthanasia, and cremation.

(7) “Veterinarian” means a health care practitioner who is licensed to engage in the practice of veterinary medicine in Florida under Chapter 474, Florida Statutes.

History

Rulemaking Authority 943.03(4), 943.69(7) FS. Law Implemented 943.69 FS. History–New 8-30-23.

Fla. Admin. Code R. 11D-13.002 Procedures

(1) The Department receives recurring annual funds to contract with a qualifying non-profit entity to administer the program.

(2) The program shall provide a stable funding source for the veterinary care for retired police dogs by utilizing a qualifying non-profit entity to screen and verify the eligibility of handlers and adopters of eligible retired law enforcement or correctional canines and distribute fumds to pay for veterinary care expenses.

(3) The following criteria must be met to be considered as a qualifying non-profit entity for administration of the program:

(a) Be dedicated to the protection or care of retired police dogs;

(b) Possess current 501(c)(3) status;

(d) Agree to be subject to review and audit for accountability of state funds;

(e) Possess ability to effectively disseminate information; and:

(f) Possess ability to assist handlers/adopters of retired police dogs.

(4) The entity selected by the Department pursuant to the criteria set forth in paragraph three (3) of this section shall be the disbursing authority for funds appropriated to the Department from the legislature for implementation of the program.

(5) Fund disbursement pursuant to the program shall comply with Section 943.69(5), F.S.

History

Rulemaking Authority 943.03(4), 943.69(7) FS. Law Implemented 943.69 FS. History–New 8-30-23.

Division 11I Employee Relations

Chapter 11I-1 DISCIPLINARY PROCEDURE AND STANDARDS FOR DISCIPLINARY ACTIONS

Fla. Admin. Code R. 11I-1.001 Purpose

It is the policy of the Department to accept and investigate all complaints of employee misconduct or wrongdoing from any citizen or agency employee. These rules are to set out procedures and standards for disciplinary actions in the Florida Department of Law Enforcement.

History

Rulemaking Authority 110.201(2), 112.533, 943.03(4) FS. Law Implemented 110.201(2), 112.533, 943.03(4) FS. History–New 7-8-82, Formerly 11I-1.01.

Fla. Admin. Code R. 11I-1.002 Disciplinary Actions: Definitions

(1) Disciplinary actions by the department are penalties against employees for various types of work deficiencies and conduct offenses. Realizing that disciplinary actions are necessary, the purpose of this section is to comply with section 943.03(4), F.S., by defining acts of misconduct and setting standards of disciplinary action determined to be necessary in dealing effectively with employee deficiencies and breaches of good conduct.

(2) The types of disciplinary actions are as follows:

(a) Oral Reprimand.

(b) Written Reprimand.

(d) Demotion.

(e) Suspension.

(f) Dismissal.

(3) Transfer of a Department employee is not a form of discipline, nor is layoff or reassignment.

(4) The provisions of this chapter apply solely to permanent Career Service employees of the Department, whether sworn or non-sworn.

History

Rulemaking Authority 110.201(2), 943.03(4) FS. Law Implemented 110.205(3), 110.227, 943.03(4) FS. History–New 7-8-82, Formerly 11I-1.02, Amended 7-1-90, 11-5-02.

Fla. Admin. Code R. 11I-1.003 Authority for Disciplinary Actions

(1) Specific disciplinary action may be taken by a supervisor having appropriate delegated authority from the Executive Director of the Department of Law Enforcement. This delegation of authority varies with the severity of the particular disciplinary action and is identified in the following table:

Disciplinary Action Authority

Oral Reprimand Immediate Supervisor or any higher level supervisor

Written Reprimand Immediate Supervisor or any higher level supervisor

Reduction in Pay Executive Director

Demotion Executive Director

Suspension Executive Director

Dismissal Executive Director

(2) Any employee who either observes, is aware of, or receives a complaint from any source alleging employee behavior violating a rule of conduct shall promptly submit a report on the employee behavior to his or her immediate supervisor on an Internal Inquiry Form to be provided by the Department. Any supervisor who observes, is aware of, or receives a complaint from any source relating to employee behavior, which could result in disciplinary action, shall promptly report the behavior through the Chain of Command on a Department Internal Inquiry Form.

History

Rulemaking Authority 943.03(4) FS. Law Implemented 110.227 FS. History–New 7-8-82, Formerly 11I-1.03, Amended 7-1-90, 11-5-02.

Fla. Admin. Code R. 11I-1.004 Types of Discipline – Procedure

(1) Counseling. Employees should not work under a continuing threat of discipline, but instead should fully understand that, where appropriate, they will receive counseling, adequate warning, or other corrective action before discipline is imposed.

(2) Disciplinary Actions. The types of discipline and the procedures to be followed for each are:

(a) Oral Reprimand – This is the least severe form of disciplinary action. Its purpose is to get the attention of the employee relative to a particular problem and thereby make him or her a more satisfactory employee. The nature of the improper behavior, the specific work standard involved, and the precise corrective action necessary should be explained to the employee in private, if possible. It should also be pointed out that future similar behavior may result in more serious disciplinary action.

Immediately following the discussion, the supervisor shall complete a record of the discussion on a form to be provided by the department. The original must be filed in the employee’s official personnel file and a copy given to the employee. An additional copy shall be sent to the appropriate Division Director.

(b) Written Reprimand – The written reprimand is considered to be more severe than the oral reprimand. Its purpose also is to help an employee who violates a work standard to recognize the deficiency and correct it.

As its name implies, this reprimand is in writing, on a form to be provided by the Department. It should be concise and to the point and should specifically state that the employee is receiving an official written reprimand. It should cite the specific disciplinary standard or rule of conduct that was violated, briefly note the specific incident prompting the discipline, indicate the corrective action expected and state that future violations may result in further disciplinary action.

The written reprimand should be given to the employee in private. The employee shall acknowledge receipt by signing the copy to be sent to the Personnel Office for inclusion in the employee’s official personnel file. Refusal of the employee to acknowledge receipt shall be noted on the reprimand form; however, an employee’s refusal to sign the acknowledgement shall not invalidate delivery of the written reprimand. An additional copy shall be sent to the appropriate Division Director.

(c) Reduction in Pay – Reduction in pay means reducing the base rate of pay of an employee. If the Executive Director determines to reduce the pay of any employee, the employee shall be notified in writing by the Department by certified mail with return receipt requested before the effective date of the action as required under section 110.227(5)(a), F.S.

The Executive Director shall consult with the Department’s Administrator, Human Resources Management, and the Office of General Counsel prior to reducing the pay of an employee.

(d) Demotion – Demotion means moving an employee from a position in one class to a different position in another class having a lesser degree of responsibility and a lower salary range maximum. If the Executive Director determines to demote an employee, the employee shall be notified in writing by the Department by certified mail with return receipt requested before the effective date of the action as required under section 110.227(5)(a), F.S.

The Executive Director shall consult with the Department’s Administrator, Human Resources Management, and the Office of the General Counsel prior to reducing the pay of an employee.

(e) Suspension – A suspension is the action taken to temporarily relieve an employee of duties and place him or her on leave without pay. Like dismissal, suspension requires proof of just cause and should be used in the case of the commission of a major offense in relation to the employee’s job duties and position or as a more severe discipline following an accumulation of reprimands.

The Executive Director shall consult with the Office of the General Counsel prior to implementing a suspension notice.

The procedure to be followed for suspension is provided in section 110.227(5)(a), F.S.

(f) Dismissal – Dismissal is the action taken by an agency against an employee to separate him/her from the Career Service. Dismissal shall be administered only for just cause.

The Executive Director shall consult with the Office of the General Counsel prior to implementing a dismissal notice.

The procedure to be followed for dismissal is provided in section 110.227(5)(a), F.S., below.

History

Rulemaking Authority 943.03(4) FS. Law Implemented 110.227(1), (5)(a), 112.532(4) FS. History–New 7-8-82, Formerly 11I-1.04, Amended 7-1-90, 11-5-02.

Fla. Admin. Code R. 11I-1.005 Disciplinary Investigations

History

Rulemaking Authority 943.03(4) FS. Law Implemented 112.532(1), 112.532(4), 112.533 FS. History–New 7-8-82, Formerly 11I-1.05, Amended 11-5-02, Repealed 5-21-12.

Fla. Admin. Code R. 11I-1.006 Procedure for Suspension or Dismissal

History

Rulemaking Authority 943.03(3) FS. Law Implemented 110.227(5)(a), 112.532(4) FS. History–New 7-8-82, Formerly 11I-1.06, Amended 7-14-87, Repealed 11-5-02.

Fla. Admin. Code R. 11I-1.007 Notice of Final Action

History

Rulemaking Authority 943.03(3) FS. Law Implemented 110.227(5)(a) FS. History–New 7-8-82, Formerly 11I-1.07, Repealed 7-6-99.

Fla. Admin. Code R. 11I-1.008 Predetermination Procedures; Extraordinary Situations

History

Rulemaking Authority 943.03(3) FS. Law Implemented 110.227(5)(b), 112.532(4) FS. History–New 7-8-82, Formerly 11I-1.08, Amended 7-14-87, Repealed 7-6-99.

Fla. Admin. Code R. 11I-1.009 Law Enforcement Personnel

History

Rulemaking Authority 943.03(3) FS. Law Implemented 110.227(5)(a), 112.532(2) FS. History–New 7-8-82, Formerly 11I-1.09, Repealed 7-6-99.

Fla. Admin. Code R. 11I-1.010 Appeals to the Public Employees Relations Commission

History

Rulemaking Authority 110.201(2), 447.207(8), 943.03 FS. Law Implemented 110.227(5) FS. History–New 7-8-82, Formerly 11I-1.10, Amended 7-14-87, 7-1-90, 11-5-02, Repealed 5-21-12.

Fla. Admin. Code R. 11I-1.011 Acts of Misconduct and Work Standard Violations for Department Employees

The following acts of misconduct and work standard violations are unacceptable for the employees of this Department and will subject them to disciplinary action:

(1) Unbecoming conduct. Unbecoming conduct includes any willful action or conduct which impedes the Department’s efforts to achieve its goals, brings discredit on the Department, or impairs the operation or efficiency of the Department or any employee.

(2) Violation of law or rules. Violation of federal, state, or local law, ordinance, rules, or operating procedures of the Department or the State of Florida, either off-duty on personal time, or in the execution of one’s duties as an employee of the Department which adversely affects the employee’s ability to perform his or her job, or which adversely affects the Department’s ability to carry out its assigned mission. This provision applies also to the treatment of persons in custody, use of force, and procedures for arrest, search, and seizure.

(3) Abuse of position. Abuse of position or identification as an employee of the Department for personal gain or influence or to avoid the consequences of unlawful acts. This also includes:

Soliciting or accepting any gratuity, gift, loan, reward, promise of future employment, favor or service that would cause the employee to be influenced in the exercise of official duties or that is based on any understanding that any official action or judgment of the employee may be influenced thereby.

(4) Failure to perform. Failure to perform a lawful duty or neglect of duty during working hours.

(5) Insubordination. Insubordination, or the willful refusal to comply with a lawful order or directive, written or oral. This includes both an expressed refusal to obey a proper order, as well as a deliberate failure to carry out an order.

(6) Excessive tardiness. Failure to be prompt for duty assignment or to follow established work schedules, including reporting late at the beginning of the work schedule, leaving early or returning late from lunch or rest breaks, or leaving work early at the end of the work schedule, all without approval.

(7) Abuse of Leave. This includes: (a) failure to obtain approval prior to any absence from work, except in the case of an emergency where the employee must be absent prior to receiving approval from the proper authority for the absence; (b) failure to notify or call in on the first day of an absence; (c) obtaining leave based upon a misrepresentation (falsification).

(8) Falsification of records. Intentionally making a false or incomplete report, written or oral, or intentionally omitting to make a requested or required report. This includes false illness or injury reports.

(9) Willful failure to submit immediately a written report that any member of the Department, including oneself, is under investigation by any criminal justice agency.

(10)(a) Alcohol Abuse. Includes reporting for duty or being on duty under the influence of alcoholic beverages, or the unlawful sale of any alcoholic beverages, the unlawful possession of alcoholic beverages and the storage or bringing into any Department facility any alcoholic beverage for consumption within that facility. The possession or storage of alcoholic beverages which are required to be possessed in the performance of official duties, or are held as evidence, does not constitute alcohol abuse under this provision. An employee’s violation due to alcoholism, by order of the Governor and Cabinet, must be treated as an illness. The alcoholic shall not be disciplined until after he or she has had an opportunity to seek treatment. If (a) the alcoholic has refused to recognize his or her condition and fails to seek help, (b) fails to complete the program of treatment, or (c) treatment is unsuccessful, discipline shall be administered.

(b) Drug Abuse. Includes the unlawful use of controlled substances, reporting for duty or being on duty under the influence of controlled substances, the unlawful possession or sale of controlled substances, and the storage or bringing into any Department facility any controlled substances. The possession or storage of controlled substances which are required to be possessed in the performance of official duties, are held as evidence, or are prescription drugs for illness does not constitute drug abuse under this provision.

(11) Unauthorized Use of Department Identification. Use of name, photograph, or title which identifies one as an employee of the Department in connection with testimonials, advertisements of any commodity or service, commercial enterprise, charity, or other public uses without the written approval of the Executive Director.

(12) Negligence. The failure to use ordinary or reasonable care in, or the omission of, or inattention to, the performance of assigned duties and responsibilities. Negligence is synonymous with carelessness and signifies lack of care, caution, attention, diligence or discretion.

(13) Improper Political Activity. Participating in any political campaign while on duty or using or attempting to use one’s official position as an employee to influence a campaign or political activity, or violation of the laws of Florida or the United States in regard to political activity by public employees.

(14) Failure to Carry Proper Identification. Failure of sworn personnel to carry proper identification at all times except where impractical or dangerous to one’s safety or to an investigation.

(15) Failure to Properly Identify Oneself. Failure by an employee to furnish his or her name and position to any person requesting that information while he or she is on duty or while presenting oneself as having an official capacity, except when the withholding of such information is necessary or proper and is authorized by a supervisor.

(16) Divulging Confidential Information or Unauthorized Release or Destruction of Records. Disseminating, releasing, altering, destroying, or removing any Department record without proper authorization or divulging or confirming, either verbally or in writing, any information deemed confidential pursuant to federal or state law including active intelligence or investigative information and the identity of confidential sources.

(17) Failure to Adequately Secure or Care for Department or State Property, including Official Vehicles.

(18) Failure to Report Promptly the Revocation or Suspension of One’s Driver’s License to One’s Supervisor. This applies if driving is a job-related function.

(19) Unlawful or Careless Use or Display of a Weapon.

(20) Failure to Inventory, Process, and Reasonably Care for Recovered or Seized Property, or Conversion, Falsification, Concealment, Destruction or Withholding of any Property or Evidence.

(21) Failure to give truthful or requested information during the course of an internal investigation. Failure to give truthful information includes lying, which consists of oral or written statements that are deliberately inaccurate, incorrect, incomplete or misleading, or a deliberate, material omission.

(22) Sexual Harassment. Any unwelcome sexual advances, request for sexual favors or other verbal or physical conduct of a sexual nature when: (a) submission to such conduct is made either explicitly or implicitly a term or condition of the individual’s employment, (b) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (c) such conduct has the purpose or effect of interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

(23) Substandard work.

History

Rulemaking Authority 110.227(2), 943.03(4) FS. Law Implemented 110.227(1), (2) FS. History–New 7-8-82, Formerly 11I-1.11, Amended 7-14-87, 7-1-90.

Fla. Admin. Code R. 11I-1.012 Standards of Disciplinary Action

The following Standards of Disciplinary Action attached as Appendix “A” and incorporated herein have been established as a guide for use by supervisors to help ensure that all employees receive similar treatment in like circumstances. Realizing that some of the offenses and deficiencies listed will be more serious and more frequent in certain cases, the supervisor taking the disciplinary action shall utilize good judgment in light of all available facts in each case.

The philosophy to be utilized is that of progressive and cumulative discipline. In determining the severity of discipline to be applied, the supervisor should take into account the following variables:

(1) The severity of the disciplinary violation.

(2) The circumstances in which the violation occurred.

(3) The consequences of the employee’s actions in regard to its effects on the Department's assigned mission, on the State of Florida, and on other employees.

(4) The overall work record of the employee.

(5) If this is not a first offense for the employee, the length of time since earlier disciplinary actions, the similarity or dissimilarity of offense, and the severity of earlier offenses shall be considered.

(6) Other factors may be considered as appropriate.

Appendix A

Standards of Disciplinary Action:

As stated in these Standards of Disciplinary Action, whenever a standard includes Suspension or Dismissal, said penalty includes all lesser penalties including demotions and reduction in pay.

Offense

First Time

Second Time

Third Time

(1) Unbecoming Conduct

Written Reprimand or Up to 30 days Suspension or Dismissal

Up to 30 days Suspension or Dismissal

Dismissal

(2) Violation of Law or Rules

Oral or Written Reprimand or up to 30 days Suspension or Dismissal

Up to 30 days Suspension or Dismissal

(3) Abuse of Position

Written Reprimand or up to 30 days Suspension or Dismissal

Up to 30 days Suspension or Dismissal

Dismissal

(a) Soliciting or Accepting a Gift, Gratuity, etc.

Written Reprimand or up to 30 days Suspension or Dismissal

Up to 30 days Suspension or Dismissal

Dismissal

(4) Failure to Perform a Lawful Duty or Neglect of Duty

Oral or Written Reprimand or up to 30 days Suspension or Dismissal

Written Reprimand or up to 30 days Suspension or Dismissal

Dismissal

(5) Insubordination

Up to 10 days Suspension or Dismissal

Up to 30 days Suspension or Dismissal

Dismissal

(6) Excessive Tardiness

Oral or Written Reprimand

Written Reprimand or up to 10 days Suspension

Dismissal

(7) Abuse of Leave

Oral or Written Reprimand

Written Reprimand or up to 30 days Suspension or Dismissal

Dismissal

(8) Falsification of Records

Dismissal

(9) Willful Failure to Submit Report that Department Member is Under Investigation by Any Criminal Justice Agency

Up to 30 days Suspension

Dismissal

(10)(a) Alcohol* Abuse

Written Reprimand or up to 10 days Suspension

Up to 30 days Suspension or Dismissal

Dismissal

(10)(b) Drug Abuse

Up to 10 days Suspension or Dismissal

Up to 30 days Suspension or Dismissal

Dismissal

(11) Unauthorized Use of Name, Photograph, and Department Identification

Written Reprimand or up to 10 days Suspension

Up to 30 days Suspension or Dismissal

Dismissal

(12) Negligence

Oral or Written Reprimand or up to 30 days Suspension or Dismissal

Written Reprimand or up to 30 days Suspension or Dismissal

Dismissal

(13) Improper Political Activity

Oral or Written Reprimand

Written Reprimand or up to 30 days Suspension or dismissal

Dismissal

(14) Failure to Carry Proper Identification

Oral or Written Reprimand

Written Reprimand or up to 10 days Suspension

Up to 30 days Suspension or Dismissal

(15) Failure to Properly Identify Oneself

Written Reprimand or up to 10 days Suspension

Up to 30 days Suspension

Dismissal

(16) Divulging Confidential Information, or Unauthorized Dissemination

Up to 30 days Suspension or Dismissal

Dismissal

(17) Failure to Secure or Care for State Property, Including Official Vehicles

Oral or Written Reprimand or up to 10 days Suspension

Up to 30 days Suspension

Up to 30 days Suspension or Dismissal

(18) Failure to Promptly Report Revocation or Suspension of Driver’s License

Oral Reprimand or Written Reprimand

Written Reprimand or up to 10 days Suspension

Up to 30 days Suspension or Dismissal

(19) Unlawful or Careless Use or Display of a Weapon

Written Reprimand or up to 30 days Suspension or Dismissal

Up to 30 days Suspension or dismissal

Dismissal

(20) Failure to Inventory, Process, and Reasonably Care for Recovered or Seized Property, or Conversion, etc., or any Property or Evidence

Oral or Written Reprimand or up to 30 days Suspension or Dismissal

Written Reprimand or up to 30 days Suspension or Dismissal

Dismissal

(21) Failure to Give Truthful or Requested Information During Internal Investigation

Written Reprimand or up to 30 days Suspension or Dismissal

Up to 30 days Suspension or Dismissal

Dismissal

(22) Sexual Harassment

Written Reprimand or up to 30 days Suspension or Dismissal

Up to 30 days Suspension or Dismissal

(23) Substandard Work

Oral or Written Reprimand

Written Reprimand or up to 10 days Suspension

Up to 30 days Suspension or Dismissal

*In the case of a person who may be alcoholic, the State’s policy on counseling of alcoholics shall be utilized.

History

Rulemaking Authority 110.227(2), 943.03(3) FS. Law Implemented 110.227(1) FS. History–New 7-8-82, Formerly 11I-1.12.

Fla. Admin. Code R. 11I-1.013 Repeal

History

Rulemaking Authority 943.03(3) FS. Law Implemented 110.227(1) FS. History–New 7-8-82, Formerly 11I-1.13, Repealed 5-21-12.

Fla. Admin. Code R. 11I-1.014 Savings Clause

Any employee actions that occur prior to the date of the promulgation of these rules, for which disciplinary action may be taken but for which disciplinary action has not begun, shall have disciplinary actions administered pursuant to the procedures outlined herein.

History

Rulemaking Authority 943.03(4) FS. Law Implemented 110.227(1) FS. History–New 7-8-82, Formerly 11I-1.14.

Division 11K Florida Criminal Justice Executive Institute

Chapter 11K-1 SHERIFF SPECIAL QUALIFICATION SALARY

Fla. Admin. Code R. 11K-1.001 Florida Criminal Justice Executive Institute – Definition

History

Rulemaking Authority 943.03(4) FS. Law Implemented 943.1755 FS. History–New 2-1-84, Formerly 11K-1.01, Amended 5-29-91, Repealed 5-21-12.

Fla. Admin. Code R. 11K-1.002 Background/Scope/Purpose

History

Rulemaking Authority 145.071, 943.03(4) FS. Law Implemented 145.071 FS. History–New 2-1-84, Formerly 11K-1.02, Repealed 5-21-12.

Fla. Admin. Code R. 11K-1.003 Policy

(1) The initial qualification for a sheriff to receive salary supplement shall be to complete 40 hours of approved education/training courses as outlined in subsection (4). Additionally, sheriffs newly elected after the effective date of this rule may achieve initial qualification by successful completion of the “Florida Sheriffs Institute” sponsored by the Florida Sheriffs Association, provided that the Executive Director, FDLE, or their designee has certified that the “Florida Sheriffs Institute” meets the requirements for 40 hours of approved special qualification salary training. The Florida Sheriffs Institute is permitted to be completed by newly elected sheriffs after the election is certified and shall count toward the calendar year they are sworn in.

(2) In order to remain qualified, the sheriff shall thereafter be required to complete each calendar year 20 hours of approved education/training courses as outlined in subsection (4).

(3) An approved course may not be repeated by a sheriff for salary supplement for a period of at least 3 years.

(4) For purposes of this section, the following approved education/training courses will apply for either initial qualification or maintenance of initial qualification, provided however that programs for maintenance of initial qualification are attended during the calendar year for which special qualification salary is sought:

(a) Executive level courses offered through the Florida Criminal Justice Executive Institute specific management level or leadership programs offered by the following associations, colleges, universities, or organizations:

National Sheriffs’ Association (National Sheriff ‘s Institute Management Program).
Southern Police Institute (Executive and Management/Administrative Course).
Northwestern Traffic Institute (Management and Administrative Course).
FBI National Academy.
The Florida Sheriffs Association Center for Excellence.

(5) In the event of exceptional or emergency circumstances, which preclude a sheriff from attending approved educational training courses, a sheriff may request from the Executive Director, FDLE, an extension of up to 90 days provided a written request is received and approved prior to the sheriff’s special qualification salary date of expiration.

(6) In addition, any other education/training program approved by the Executive Director, FDLE, or their designee in accordance with the following procedures, will satisfy the requirements of Section 145.071, F.S.

(a) Requests for course approval must be received by the Florida Criminal Justice Executive Institute 30 days prior to commencement of the course and should contain the following specific items:

Course outline and number of hours.
List of instructors.
Projected date of attendance.

(b) Upon approval by the Executive Director, FDLE, or their designee, the Director of the Florida Criminal Justice Executive Institute will make a recommendation and will respond in writing to the sheriff at least 10 days prior to course commencement.

History

Rulemaking Authority 145.071, 943.03(4) FS. Law Implemented 145.071 FS. History–New 2-1-84, Formerly 11K-1.03, Amended 5-29-91, 5-29-14.

Fla. Admin. Code R. 11K-1.004 Procedure

(1) When a sheriff attends education/training courses, a report shall be submitted to Florida Criminal Justice Executive Institute reflecting the following information:

(a) Course title;

(b) Location of course;

(d) Number of hours;

(e) Copy of certificate of completion of the course.

(2) The Florida Criminal Justice Executive Institute shall develop and maintain a records system of courses attended by each sheriff. The Florida Criminal Justice Executive Institute shall provide notification to the Division of Criminal Justice Standards and Training and the Florida Sheriffs Association of each sheriff’s successful completion of the required training. The Division of Criminal Justice Standards and Training will process the information for special qualification salary in accordance with Chapter 145, F.S.

History

Rulemaking Authority 145.071, 943.03(4) FS. Law Implemented 145.071 FS. History–New 2-1-84, Formerly 11K-1.04, Amended 5-29-91.

Division 11G Medical Examiners Commission

Chapter 11G-1 ORGANIZATION

Fla. Admin. Code R. 11G-1.001 Purpose, Definitions

(1) The Medical Examiners Commission adopts rules pursuant to Section 406.04, F.S., to comply with the requirements of Chapter 406, Part I, F.S., and rule Division 11G, F.A.C., shall read in conjunction with Chapter 406, Part I, F.S.

(2) The following terms shall be deemed controlling for rule Division 11G, F.A.C., and Chapter 406, Part I, F.S., unless otherwise defined in Chapter 406, Part I, F.S.:

(a) “Associate medical examiner” means associate medical examiner as defined in Section 406.06, F.S.

(b) “Autopsy” means autopsy as defined in Section 872.04(1), F.S.

(c) “Charge” of a dead body means administrative control over the location, transportation, and disposition of the body, and does not imply custody of the body.

(d) “Custody” of a dead body means physical possession of the body, and does not imply charge of the body.

(e) “District medical examiner” means district medical examiner as defined in Section 406.06, F.S.

(f) “Identification photograph” means a still image of the face, ear, tattoo, or other distinctive mark of a dead human body, taken for identification purposes only and that includes a medical examiner case number.

(g) “Legally authorized person” means legally authorized person as defined in Section 497.005(39), F.S.

(h) “Medical examiner” means a district medical examiner, associate medical examiner, or substitute medical examiner.

(i) “Medical Examiners Commission” means “Medical Examiners Commission” as defined in Section 406.06, F.S.

(j) “Photograph of an autopsy” does not include an identification photograph, a photomicrograph, or a photoradiograph.

(k) “Photomicrograph” means a still image of tissue depicting histologic detail, captured through a microscope.

(l) “Photoradiograph” means an image produced by the capture of radiation or other forms of non-visible energy, which depicts the structure of objects through which the radiation or energy has passed.

(m) “Substitute medical examiner” means a medical examiner appointed pursuant to Section 406.15, F.S.

History

Rulemaking Authority 406.04 FS. Law Implemented 406.02, 406.06, 406.17 FS. History–New 10-18-81, Formerly 11G-1.01, Amended 7-6-99, 5-21-12.

Fla. Admin. Code R. 11G-1.002 Associate Medical Examiners, Ethics

(1) An appointment of an associate medical examiner expires with the expiration of the appointment of the district medical examiner who appointed him or her.

(2) The district medical examiner shall file with the Medical Examiners Commission written notice of the appointment, resignation, or removal of each associate medical examiner.

(3) The district medical examiner shall supervise the work and work product of associate medical examiners to ensure consistency and quality.

(4) The medical examiners, their agents, servants and employees shall not be the agents, servants or employees of the Florida Department of Law Enforcement or the Medical Examiners Commission and shall not be entitled to any benefits granted employees of the Florida Department of Law Enforcement.

(a) The Florida Department of Law Enforcement shall not be deemed to assume any liability for the acts, omissions to act or negligence of the medical examiners, their agents, servants and employees.

(b) Medical examiners are subject to the provisions of the Code of Ethics for Public Officers and Employees, Chapter 112, Part III, F.S. Medical examiners shall become familiar with the Code of Ethics and ensure that they are in compliance with the requirements stated therein.

(c) Medical examiners or their business entities are permitted to provide services if the terms and conditions of Section 112.313(12), F.S., (exemptions) are met.

(d) A medical examiner shall not:

Obtain any rental space or equipment from a business or professional association in which the medical examiner or the spouse or children of the medical examiner have a business interest unless the county he or she serves determines that any one of the exemptions cited in Section 112.313(12), F.S., applies.
Utilize a business or professional association in which the medical examiner or the spouse or children of the medical examiner have a business interest for any services, including but not limited to secretarial, laboratory, courier, and investigative, unless the county the medical examiner serves determines that any one of the exemptions cited in Section 112.313(12), F.S., applies.
Participate in any way with the county in the determination of the bid specifications or the determination of the lowest or best bidder for the services, rental space or equipment if his or her business or professional association is to submit a bid proposal to provide these services, rental space or equipment.
Allow an organ or tissue procurement agency to provide employees or the salaries for any members of the medical examiner’s office.

History

Rulemaking Authority 406.04 FS. Law Implemented 112.313, 406.02, 406.06, 406.17 FS. History–New 10-18-81, Formerly 11G-1.02, Amended 4-11-88, 12-26-88, 8-28-91, 2-23-93, 8-22-00, 7-29-01, 5-21-12.

Fla. Admin. Code R. 11G-1.003 General Procedures, Agenda, Declaratory Statement

History

Rulemaking Authority 120.53(1), 406.04 FS. Law Implemented 120.53(1) FS. History–New 10-18-81, Formerly 11G-1.03, Repealed 7-6-99.

Fla. Admin. Code R. 11G-1.004 Commission Office

History

Rulemaking Authority 406.04 FS. Law Implemented 120.53(1) FS. History–New 10-18-81, Formerly 11G-1.04, Amended 4-11-88, Repealed 7-6-99.

Fla. Admin. Code R. 11G-1.005 Approved Forms

History

Rulemaking Authority 120.53(1)(b), 406.04 FS. Law Implemented 120.53(1)(b), 120.55(1)(a), 406.04 FS. History–New 12-3-81, Formerly 11G-1.05, Repealed 7-10-85.

Fla. Admin. Code R. 11G-1.006 Statutes and Rules Affecting Agency

History

Rulemaking Authority 120.53(1)(a), 406.04 FS. Law Implemented 120.53(1)(a), 406.04 FS. History–New 12-3-81, Formerly 11G-1.06, Repealed 6-29-95.

Chapter 11G-2 STANDARD INVESTIGATION PROCEDURES

Fla. Admin. Code R. 11G-2.001 Determination of Jurisdiction, Preliminary Procedures

(1) When a death is reported to the medical examiner pursuant to Section 406.12, F.S., or the medical examiner learns or is notified of a death in his or her district the medical examiner shall:

(a) Make inquiry to determine whether to examine, investigate, or autopsy pursuant to Section 406.11, F.S., and to determine whether to take charge of the body pursuant to Section 406.13, F.S.

(b) Record the findings and conclusions supporting the medical examiner’s determination of cause of death in the permanent records of the medical examiner, in sufficient detail to allow a review of the circumstances, regardless of whether examination of the body or certification of the death by the medical examiner is required.

(c) Notify the person having custody of the body when the medical examiner has relinquished charge of a body not in the custody of the medical examiner.

(2) If a medical examiner makes an investigation solely pursuant to Section 406.11(1)(c), F.S., the medical examiner shall relinquish charge of the body when the medical examiner has autopsied the body, or has determined the cause of death by inquiry.

(3) If a medical examiner becomes aware of a death, apparently from disease, he or she shall investigate it as a death from a disease constituting a threat to the public health, if:

(a) The investigation is requested by an official of the Department of Health pursuant to Section 381.0011 or 381.0012, F.S., or

(b) The medical examiner determines that additional information concerning the cause and mechanism of death, beyond that available in the decedent's medical history, is needed to protect the public health.

(4) If the medical examiner takes charge of a body pursuant to Section 406.11(1)(a) or (b), F.S., he or she shall:

(a) Inform the person who has custody of the body, pursuant to Section 406.12, F.S., that the body should not be embalmed or otherwise prepared for burial or disturbed until examined by the medical examiner;

(b) Arrange for transportation of the body;

(c) Notify the appropriate law enforcement official having jurisdiction over persons, criminal scenes or investigations, physical evidence, or records, pursuant to Section 406.14, F.S.;

(d) Ensure that the legally authorized person is notified that the medical examiner is investigating the death, when this can be done without hindering the legal purpose of the investigation and the identification and location of the legally authorized person is readily available. The contact with the legally authorized person, or the attempt to contact, shall be documented in the medical examiner’s case file, whether such contact or attempt to contact is made by the medical examiner or through other persons or agencies such as hospital personnel, law enforcement agencies, funeral homes or friends of the deceased; and,

(e) Promptly notify the legally authorized person when the body can be released, provided the identification and location of the legally authorized person is known.

(5) Section 406.05, F.S., provides for cooperative arrangements among the several districts and Section 406.08(2), F.S., provides for fee payment when an autopsy is performed on a body when the death occurred outside the district. When such a cooperative arrangement is for the purpose of transporting the body of a person who dies in one medical examiner district (hereafter, district of jurisdiction) to another for autopsy or examination (hereafter, district of examination):

(a) The physician performing the examination must have a statutory appointment as an associate medical examiner in the district of jurisdiction pursuant to the provisions of Rule 11G-1.002, F.A.C.

(b) For each transfer of a body the medical examiner in the district of jurisdiction shall maintain in his or her files documentation of the agreement for the transfer; shall assign a case number from the district of jurisdiction; and shall maintain copies of any reports of examination or opinion by the appointed associate medical examiner, records of identification of the body, and records of the transfer and release of the body to the legally authorized person.

(c) The medical examiner of the district of examination shall maintain in his or her files documentation of the agreement for the transfer and shall include the case number of the district of jurisdiction on all signed reports.

(d) Statistics that are sent to the Medical Examiners Commission staff shall be reported by the district of examination.

History

Rulemaking Authority 406.04, 406.05, 406.08 FS. Law Implemented 406.02, 406.04, 406.05, 406.08, 406.11, 406.13 FS. History–New 10-18-81, Amended 7-10-85, Formerly 11G-2.01, Amended 8-27-87, 11-24-87, 10-14-96, 7-6-99, 6-9-08, 5-21-12.

Fla. Admin. Code R. 11G-2.002 Identification

(1) If necessary to make an identification, or prior to the burial of any unidentified body, the medical examiner shall:

(a) Photograph and record a detailed description of the body; clothing, and personal effects;

(b) Obtain complete skeletal x-rays;

(d) Retain samples for possible DNA profiling; and,

(e) Obtain a complete set of fingerprints, if possible, and these shall be forwarded to the Department by the medical examiner or through the investigating law enforcement agency.

(2) An identification photograph shall be taken of any body in the custody of the medical examiner.

(3) Unidentified remains of any person, in the custody of the medical examiner, that require a certificate of death pursuant to Section 382.008, F.S., shall not be cremated, donated for anatomic dissection, or buried at sea.

History

Rulemaking Authority 406.04 FS. Law Implemented 406.11, 406.13, 406.145 FS. History–New 10-18-81, Formerly 11G-2.02, Amended 8-22-00, 3-21-07, 5-21-12.

Fla. Admin. Code R. 11G-2.003 Investigation

(1) A medical examiner shall investigate under the authority of Section 406.11, F.S., in order to determine the cause of death and such circumstances surrounding it as are necessary and in the public interest. Such an investigation shall consist of examinations or investigation as the medical examiner shall deem necessary, including but not limited to:

(a) An examination of the scene of death or injury and physical evidence;

(b) Questioning of relatives, witnesses, prior attending physicians, or law enforcement officers;

(d) An examination or autopsy of the body, including the testing of specimens as provided in Rule 11G-2.004, F.A.C., and a complete or partial dissection;

(e) Such photographs as needed to record the findings.

(2) Medical examiner autopsies performed pursuant to Section 406.11, F.S., shall be performed by pathologists or directly supervised residents in pathology. Performance shall require in situ examination of the tissues pertinent to determining the cause of death and the removal of viscera pertinent to the determination of the cause of death. Removal of other organs and tissues during the autopsy shall be under the direct supervision of the pathologist. Direct supervision requires the presence of the supervising pathologist in the autopsy room.

(3) A medical examiner shall not:

(a) Opine a cause or manner of death, an identification of a dead body, or a disease or injury unless he or she has made such investigations, examinations, autopsies, and laboratory examinations to render an informed opinion; or

(b) Release human remains from custody until he or she has made such autopsies and has retained such specimens and effects to opine a cause or manner of death, an identification of a dead body, or a disease or injury, or support a criminal investigation.

(4) Examination for alcohol and appropriate chemical and drug concentrations shall be done in any autopsy when the death has resulted from violence and has occurred within twelve hours of injury.

(5) Absent good cause, an autopsy shall be performed when:

(a) A reasonable suspicion exists that a death might be by criminal violence or by any violence sustained in prison, a penal institution, or police custody.

(b) A reasonable suspicion exists that the death is by accident, suicide or poison, unless:

The death is by poison and the deceased has survived in a hospital for a time sufficient to metabolize the poison, or
The death is by accident or suicide and the cause of death can be determined from a review of the circumstances, history, and available medical records.

(d) The circumstances of death are unusual or suspicious by reason of the body being unidentified after investigation, charred, or completely or partially skeletonized.

History

Rulemaking Authority 406.04 FS. Law Implemented 406.11, 406.13 FS. History–New 10-18-81, Formerly 11G-2.03, Amended 8-27-87, 9-23-93, 12-3-03, 5-21-12.

Fla. Admin. Code R. 11G-2.0031 SIDS Autopsy Protocol

History

Rulemaking Authority 383.3362(4), 406.04 FS. Law Implemented 383.3362, 406.11, 406.13 FS. History–New 10-14-96, Amended 7-6-99, Repealed 5-21-12.

Fla. Admin. Code R. 11G-2.004 Physical Evidence, Body Parts, Specimens

(1) Definitions. The following definitions apply to this section:

(a) “Body part”. The entire head, an entire extremity, a portion of an extremity that includes a hand or foot, or the torso, of a dead human body. For human skeletal remains a body part is defined as a nearly complete skull, or most of the bones of extremity, or most of the bones of the torso.

(b) “Organ”. An entire internal viscus, such as a brain, heart, larynx, lung, stomach, or uterus of a dead human body.

(c) “Tissue”. A representative sample of a body part or organ, constituting a minority of the volume or mass of the part or organ.

(d) “Embedded tissue”. Tissue which has been embedded in paraffin blocks, or the like, for the purpose of histological study.

(e) “Sections”. Tissue mounted on glass slides for the purpose of histological staining.

(f) “Stained sections”. Sections which have been stained for the purpose of microscopic examination.

(g) “Fluid”. Liquid from a blood vessel, body cavity, hollow viscus, hematoma, or abscess of a dead human body. Fluids include blood, vitreous humor, bile, gastric content, urine, cerebrospinal fluid, and effusions.

(h) “Specimen”. A body part, organ, tissue, fluid, embedded tissue, section, or stained section; or a swab from a body part, organ, tissue, or body surface.

(i) “Physical evidence”. An item or items taken during an investigation which is believed to be pertinent to the determination of the cause of death, manner of death, identification of the deceased, determination of disease, injury or intoxication, or which is taken to answer anticipated questions in any investigation. Includes specimens.

(j) “Retained”. With respect to specimens, kept by the medical examiner after the release of the remains to the legal authorized person.

(k) “Research”. Any one of the following:

Procedures designed for therapy or resuscitation, performed on a dead human body for experiment or practice, unrelated to the determination of cause of death, mechanism of death, manner of death, presence of disease, injury, or intoxication, or identification of the deceased.
Testing of body parts or organs for purposes unrelated to the determination of cause of death, manner of death, presence of disease, injury, intoxication, or identification.
Testing of tissues or fluids by an experimental scientist that results in no report to the medical examiner.
Research does not include test development, test validation, quality assurance testing, or investigative work, utilizing tissues or fluids, when the tissues or fluids are received by a laboratory in support of a death investigation by a medical examiner.

(2) The medical examiner shall seize such physical evidence as shall be necessary to determine the cause and manner of death, presence of disease, injury, intoxication, and identification of the decedent, or to answer questions arising in criminal investigations, and shall label, prepare, analyze, examine, and catalog such evidence as needed.

(3) Physical evidence shall be retained by the medical examiner as follows:

(a) Stained sections shall be preserved indefinitely and embedded tissue preserved for at least ten years.

(b) Fixed organs shall be retained until the medical examiner has completed his or her studies of them.

(d) All other physical evidence not released to another investigative agency or to the owner shall be retained for one year.

(e) Physical evidence that is retained for any period longer than is specified above must be held in accordance with Rule 11G-2.006, F.A.C.

(4) Requests for independent examination and analysis of physical evidence in the custody of the medical examiner shall be allowed by the medical examiner under his or her supervision and control in a manner designed to provide maximal preservation of the physical evidence. Unless compelling reasons dictate, irreplaceable, non-duplicable and non-divisible physical evidence such as embedded tissue shall not be released for independent analysis and examination.

(5) Physical evidence specimens no longer required to be retained by the medical examiner shall be disposed of.

(6) Procedures Concerning Body Parts.

(a) Human remains released by a medical examiner to the legally authorized person shall include all body parts unless the legally authorized person explicitly agrees to claim an incomplete body.

(b) If human remains recovered by the medical examiner are incomplete owing to dismemberment or decomposition, and there is a possibility that further body parts will be discovered subsequently, the legally authorized person shall be given the choice of claiming incomplete remains, or waiting to claim the remains until further parts are recovered.

(c) If a body part requires special examination, release of the remains should be delayed until the special examination is completed unless the legally authorized person explicitly chooses to claim incomplete remains.

(d) Body parts retained by the medical examiner shall be subsequently released to the legally authorized person or disposed of pursuant to paragraph (6)(e) of this rule section.

(e) Body parts not claimed by the legally authorized person are considered biomedical waste [Section 381.0098(2)(a), F.S.] and shall be destroyed by legally prescribed means, at the expense of the medical examiner.

(f) Evidentiary aspects of retained body parts shall be preserved by documentation by writing, photography, radiography or other indirect means, or by retention of tissue samples. Body parts themselves shall not be retained as evidence for legal proceedings.

(7) Retention, Utilization, and Destruction of Specimens.

(a) Permission of the legally authorized person is required for:

Retention of specimens solely for the purpose of research.
Research procedures, designed for therapy or resuscitation, performed on a dead human body for experiment or practice, unrelated to the determination of cause of death, mechanism of death, manner of death, presence of disease, injury, or intoxication, or identification of the deceased.

(b) Permission of the legally authorized person is not required:

To retain organs, tissues, sections, or fluids.
To destroy retained organs, tissues, sections, or fluids.
For the utilization of specimens for teaching and educational purposes, or publication in scientific or medical publications, or other purposes that are not research, when the specimens were retained for the determination of cause of death, manner of death, disease, injury, intoxication, identification of the deceased, or preservation of evidence.
For the utilization of medical examiner records for teaching and educational purposes, or publication in scientific or medical publications, when the records were created in the course of medical examiner death investigations.

History

Rulemaking Authority 406.04 FS. Law Implemented 406.11, 406.13 FS. History–New 10-18-81, Formerly 11G-2.04, Amended 8-27-87, 10-14-96, 7-29-01, 11-30-04, 5-21-12.

Fla. Admin. Code R. 11G-2.005 Records, Autopsy Report

(1) The district medical examiner shall keep among the official records:

(a) The appointment as district medical examiner by the Governor;

(b) A copy of each letter of appointment, resignation, and removal of an associate medical examiner;

(d) Records of all investigations performed, including findings, laboratory reports, photographs, and autopsy reports;

(e) Photocopies of all death certificates signed by a medical examiner;

(f) All other notes or documentation forming a record of an investigation; and,

(g) Documentation of the custody and surrender of dead bodies.

(2) Autopsy Report:

(a) The detailed findings of each autopsy shall be included in an autopsy report.

(b) The autopsy report shall be typed and shall include among the case identification data the following information:

The medical examiner district or county;
The place, date, and time of the autopsy;
The name of the decedent, if known;
The medical examiner case number;
The name of the medical examiner responsible for the opinions; and,
The name of any other pathologist who performed or assisted with the autopsy.

(c) The autopsy report shall be signed by the medical examiner completing the autopsy and the signature line shall be dated.

(d) The autopsy report shall clearly distinguish objective observations from opinions. Among the objective observations to be included or appended shall be the gross observations, any microscopic observations, and any results of toxicology tests. Among the opinions to be included shall be the cause of death.

History

Rulemaking Authority 406.04 FS. Law Implemented 406.11, 406.13 FS. History–New 10-18-81, Formerly 11G-2.05, Amended 6-3-10, 5-21-12.

Fla. Admin. Code R. 11G-2.006 Practice Guidelines

The duties and standards of care of a medical examiner are to be consistent with those contained in the “Practice Guidelines for Florida Medical Examiners, sponsored by the Florida Association of Medical Examiners,” revised July 28, 2010, incorporated by reference. The Practice Guidelines can be obtained at the Florida Department of Law Enforcement, Post Office Box 1489, Tallahassee, Florida, Attention Medical Examiner’s staff http://www.flrules.org/Gateway/reference.asp?No=Ref-01104.

History

Rulemaking Authority 406.04 FS. Law Implemented 406.075, 406.11, 406.13 FS. History–New 7-29-01, Amended 11-30-04, 3-21-07, 6-3-10, 5-21-12.

Chapter 11G-5 DISTRICT MEDICAL EXAMINERS

Fla. Admin. Code R. 11G-5.001 Purpose

History

Rulemaking Authority 406.04 FS. Law Implemented 406.06(1)(a), 406.11(1) FS. History–New 2-23-93, Repealed 7-6-99.

Fla. Admin. Code R. 11G-5.002 Establishment of Medical Examiner Districts

The following districts and counties are designated as Florida’s medical examiner districts:

(1) District 1 – Escambia, Okaloosa, Santa Rosa, Walton;

(2) District 2 – Franklin, Gadsden, Jefferson, Leon, Liberty, Taylor, Wakulla;

(3) District 3 – Columbia, Dixie, Hamilton, Lafayette, Madison, Suwannee;

(4) District 4 – Clay, Duval, Nassau;

(5) District 5 – Citrus, Hernando, Lake, Marion, Sumter;

(6) District 6 – Pasco, Pinellas;

(7) District 7 – Volusia;

(8) District 8 – Alachua, Baker, Bradford, Gilchrist, Levy, Union;

(9) District 9 – Orange;

(10) District 10 – Hardee, Highlands, Polk;

(11) District 11 – Miami-Dade;

(12) District 12 – DeSoto, Manatee, Sarasota;

(13) District 13 – Hillsborough;

(14) District 14 – Bay, Calhoun, Gulf, Holmes, Jackson, Washington;

(15) District 15 – Palm Beach;

(16) District 16 – Monroe;

(17) District 17 – Broward;

(18) District 18 – Brevard;

(19) District 19 – Indian River, Martin, Okeechobee, St. Lucie;

(20) District 20 – Collier;

(21) District 21 – Glades, Hendry, Lee;

(22) District 22 – Charlotte;

(23) District 23 – Flagler, Putnam, St. Johns;

(24) District 24 – Seminole;

(25) District 25 – Osceola.

History

Rulemaking Authority 406.04 FS. Law Implemented 406.05 FS. History–New 2-23-93, Amended 8-15-18.

Fla. Admin. Code R. 11G-5.003 District Medical Examiner Terms of Office

The term of office for a district medical examiner appointed by the governor shall be three years. A gubernatorial appointment to fill a vacancy shall be for the unexpired portion of the term. For the purpose of administration, the 25 district medical examiners serve staggered terms, in accord with the following rotation:

(1) First year – Districts 1 through 7;

(2) Second year – Districts 8 through 14, and 25;

(3) Third year – Districts 15 through 24.

History

Rulemaking Authority 406.04 FS. Law Implemented 406.06(1)(a) FS. History–New 2-23-93, Amended 5-21-12, 8-15-18.

Fla. Admin. Code R. 11G-5.004 Process for District Medical Examiner Candidate Nomination to the Governor

(1) Policy Statement. Nominations for appointment as a district medical examiner shall be made only after solicitation of comments from city, county and state officials as well as from directors of funeral homes. Candidates nominated by the Medical Examiners Commission will be submitted to the Governor within 30 days after the Commission has voted on the matter. It is not the intent of the Commission to serve as the primary recruiting source for district medical examiner candidates, rather, the Commission intends that this responsibility should remain primarily within the district. The Commission will provide a medical examiner member of the Commission to participate in the candidate screening process at the district level.

(2) Procedure for Nomination for Reappointment of District Medical Examiners.

(a) Prior to the expiration of each incumbent district medical examiner’s three year term of appointment, the Medical Examiners Commission staff shall survey by written correspondence the district’s state attorney(s), public defender(s), sheriff(s), police chief(s), county commissioner(s), funeral home directors and a member of the local medical community. The survey will solicit input from each relevant to performance of the incumbent district medical examiner and ask for a “favorable” or “non-favorable” response regarding nomination for reappointment. Additionally, the survey will ask for suggestions for improving district medical examiner services. The survey shall request recommendations for the nomination of the incumbent or any other qualified candidate(s) to serve as district medical examiner.

(b) A summary of the survey results shall be provided to the Commission. Copies of the survey responses shall be forwarded to the incumbent district medical examiner by Commission staff. The incumbent, together with any other qualified candidates named in the survey responses, shall be notified in writing as to the date, time and place of the Commission meeting which will be considering the reappointment of the district medical examiner.

(c) The Commission chairman may request establishment of a committee, as referred to in paragraph 11G-5.004(3)(b), F.A.C., to address concerns regarding the incumbent district medical examiner raised in the survey responses or to initiate a search for other candidates for nomination by the Commission.

(3) Procedure to fill a District Medical Examiner Vacancy.

(a) The Governor will be notified by the Commission upon determination that a district medical examiner position has become vacant or is anticipated to become vacant. The Commission shall also notify the respective state attorney(s), public defender(s), sheriff(s), police chief(s), county commission(s) and funeral home directors for that medical examiner district, requesting that names of potential candidates for the position of district medical examiner be submitted to the candidate search committee established in paragraph 11G-5.004(3)(b), F.A.C.

(b) Within 30 days of being notified of a vacancy or anticipated vacancy, the Chairman of the Commission shall call for a district candidate search committee to be established and appoint a chairman. The search committee shall consist of invited representatives from the offices of the state attorney(s), public defender(s), sheriff(s), police chief(s), county commission(s), funeral homes and a representative of the local medical community from within the bounds of that particular medical examiner district and a physician member of the Medical Examiners Commission or other medical examiner designated by the Chairman. The search committee shall be requested to:

Seek applications from interested candidates who are licensed physicians and experienced practitioners of pathology who possess qualifications to take the examination or already possess the primary certification offered by the American Board of Pathology, American Osteopathic Board of Pathology, or equal qualification rendered by a non-United States medical specialty certifying agency.
Establish an interview team, which shall have a quorum of three participants, to interview interested candidates meeting minimum position qualifications. If the district includes a medical school, the dean of the medical school should be invited to participate as a member of the interview team.
Assure that the candidate(s) recommended to the Commission for nomination as district medical examiner is in agreement with the respective county representatives regarding the medical examiner budget as outlined in section 406.06(3), F.S.
Review background information about the final candidate(s) from present and past sources, to include a criminal history check, comments of county medical associations, employment references, local hospitals, government agencies and funeral homes with which the candidate(s) has a prior working relationship. Background inquiries should incorporate information on work performance and working relationships, as well as the candidate(s) reasons for and circumstances of leaving employment.
Submit an interview package to the Medical Examiners Commission staff for each candidate recommended to the Commission for nomination consisting of: pertinent correspondence regarding the candidate(s); results of background inquiries; letters of reference; and a letter from the candidate(s) to the Commission staff authorizing the release of information from former employers and the Board of Medicine in the state in which the candidate(s) is or was licensed.
Complete the candidate selection and interview process and submit interview packages to the Commission within 90 days of appointment of the candidate search committee unless additional time is requested in writing and approved by the Commission Chairman.

(c) The Commission staff shall review interview packages for completeness, prior to their being submitted to the Medical Examiners Commission and, if directed by the Chairman, make additional inquiries concerning the candidate’s background or qualification.

The Commission staff shall verify each candidate’s medical licensure status.
The Commission staff shall notify all candidates in writing of the time and place of the Commission meeting at which the district nomination(s) will be considered.

(d) The Commission, by majority vote, shall nominate one or more candidates to the Governor, to fill a district medical examiner office vacancy prior to the expiration of six months from the date of the vacancy. Nothing herein is intended to restrict the Commission’s consideration of candidates for nomination only to those persons who may be recommended by a candidate search committee.

(e) The Commission will notify each candidate in writing as to the action taken by the Commission regarding their nomination as district medical examiner.

(f) The Commission will notify the chairman of the candidate search committee in writing on action taken by the commission regarding candidates submitted by the district to fill a district medical examiner vacancy. If the Commission does not vote to nominate any of the candidates submitted by the candidate search committee, the chairman of the committee may be requested to submit other candidates. The Office of the Governor will be notified that none of the candidates submitted for that district were acceptable and that the position is still vacant.

History

Rulemaking Authority 406.04 FS. Law Implemented 406.06(1)(a) FS. History–New 2-23-93, Amended 9-27-93, 5-21-12.

Division 11N Office of Inspector General

Chapter 11N-1 VIOLENT CRIME AND DRUG CONTROL INVESTIGATIVE ASSISTANCE AND EMERGENCY GRANT PROGRAMS

Fla. Admin. Code R. 11N-1.001 Purpose

History

Rulemaking Authority 943.03(4), 943.042 FS. Law Implemented 943.031, 943.042 FS. History–New 3-10-94, Amended 10-10-95, Repealed 10-25-01.

Fla. Admin. Code R. 11N-1.0001 Definitions

As used in these rules, except where the context clearly indicates a different meaning, the following terms shall have the meaning indicated:

(1) “Allowable Cost” means only those costs or expenditures submitted and approved by the Review Committee and Department that are eligible for funding from the Council.

(2) “Council” means the Violent Crime and Drug Control Council.

(3) “Department” means the Florida Department of Law Enforcement, which is a “state awarding agency” for purposes of the Single Audit Act, section 215.97, F.S.

(4) “Grant” means an award of financial assistance to a qualified eligible recipient pursuant to a written agreement and in accordance with the applicable provisions of the Council’s funding programs as authorized in section 943.031, F.S.

(5) “Pre-qualification” means that Council staff or committee will conduct a review and approve an applicant’s funding request, overall capabilities, and/or eligibility to perform the duties and responsibilities required by the grant programs. The review may include, but is not limited to, consideration of experience, curriculum vitae, quality and timeliness of past performance, compliance with law enforcement, grant, and other standards and requirements, and professional accreditation of the applicant.

(6) “Recipient” is as defined in section 215.97, F.S.

(7) “Review Committee” means a committee established within the Council responsible for completing the pre-qualification and approval of grant applications and funding requests.

(8) “Solicitation” means the written document or publication issued by Department in cooperation with the Council, incorporated by reference into this rule containing procedures and policies; announcing available grant funding, program criteria and requirements, eligibility, and application instructions, which shall govern the administration of the Council’s grant programs.

History

Rulemaking Authority 943.03(4), 943.042 FS. Law Implemented 943.031, 943.042 FS. History–New 7-9-19.

Fla. Admin. Code R. 11N-1.002 Purpose and Funding

(1) Purpose. It is the intent of the Department and Council to administer financial assistance grant programs to eligible recipients pursuant to authority under sections 943.031 and 943.042, F.S.

(2) Funding Process.

(a) The amount of funds available shall be that amount allocated each state fiscal year to the Department as appropriated by the Legislature and allocated to each grant program by the Council.

(b) All funds will be used to support priorities and objectives, adhere to grant program criteria, and comply with solicitations as approved by the Council, incorporated by reference herein.

(c) The Department shall issue an annual grant solicitation and begin receiving applications by July 9, 2019 of each calendar year.

(d) The Department and Council shall attempt to obligate all funds available in the current fiscal year, but may obligate part or all of the funds in a later fiscal year, when permitted by law.

(e) Applications for funding shall be submitted to the Department on application forms as specified by the Council and Department signed by the chief official or head of the requesting agency that complies with Council program requirements.

(f) Applications received from local governmental entities that have not returned to the Department any unexpended or unaccounted for funds from prior year grants shall be rejected by the Department and Review Committee. Applications from local governmental entities that have not met their obligations under the terms of any previous grant agreements for funds under this Rule or authorizing legislation shall also be rejected by the Department and Review Committee.

(g) Awarded grant funds shall be administered pursuant to a written finanical assistance agreement between the Department and recipient, upon approval of the application by the Review Committee.

(h) All expenditures of Council grant funds must comply with the terms and conditions of the grant award and be expended in a manner approved by the Council or Review Committee.

(i) Rapid funds disbursement. The Review Committee and Department shall employ rapid funds disbursement procedures for violent crime investigative assistance and emergency funding as authorized in section 943.031(6), F.S.

(3) Allowable costs and limitations on use of funds.

(a) Allowable costs for violent crime and drug control investigative assistance and emergency grant programs are case related investigative expenses, salary and overtime for offices and employees directly linked to a funded investigation and other expenses related to investigations approved by the Council.

(b) Allowable costs for violent crime emergency trial-related funding are limited to extraordinary violent crime trial-related expenses and salary overtime payments. Such funding shall not include the payment of salaries for permanent employees, or the purchase of furnishings and equipment. Examples of extraordinary trial-related expenses include expert witness fees, travel expenses of witnesses, extraordinary security measures, and salary payments to temporary security personnel under contractual agreements.

(c) Funding provided by the Council shall not be used to supplant, take the place of, or substitute for existing appropriations of state and local law enforcement agencies and units of government.

(d) Matching funds of ten percent cash or in-kind shall be required for all Council grant programs.

(e) The maximum funding provided by the Council on a single investigation shall be $100,000. However, an approved investigative effort may consist of multiple investigations, each of which may receive funding up to $100,000.

(f) No law enforcement agency as defined herein may receive more than $200,000 in Council funds during the agency’s fiscal year.

(g) Payment of overtime with Council funds shall not exceed $10,000 per officer or employee dedicated to the funded investigative effort.

(h) As used herein, “beyond the resources” means that the expenses claimed by the agency seeking emergency funding assistance under this section are so extraordinary that they currently jeopardize the requester’s ability to provide the services or duties required by law or have caused the requestor to terminate providing a service it would otherwise not be providing, and that the requester has demonstrated to the Council that all reasonable alternatives for funding the claimed expenses within the requesting agency’s current fiscal year have been exhausted.

(4) Recipients of Council violent crime or drug control investigative assistance or emergency funding shall:

(a) Designate a lead investigative agency that will serve as the liaison between the Council and the participating agencies for the purposes of coordinating the collection of information and in disbursing funds approved by the Council.

(b) Each participating agency shall agree to promptly provide requested information to the Council, to provide regular performance reports and information related to funded investigations as required by the Council, retain documentation and proof of expenditures or personnel efforts as may be required by the Council, and submit to any audit or review of the use of received funds as may be required by the Council.

(c) If an additional agency is brought into the investigation after funding has already been appropriated and no additional monies are being sought and there is no change of focus of the investigation, a lead investigative agency is authorized to request that the additional agency be permitted to share in council funds for the investigation.

(d) The lead agency shall verify and endorse both that agency match funding is available from the new agency and that all requirements will be fulfilled by the new agency.

(e) The new agency shall guarantee its agreements are completed and obtain agency match funding before presenting its package, with the lead agency’s endorsement, to the Chairperson of the Council.

(5) Application information, Form FDLE/IFS-005, Victim/Witness Protection Program Reimbursement Application, revised 08/01/07, incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-10778, funding criteria, and dates of scheduled Violent Crime & Drug Control Council (Council) meetings can be found at http://www.fdle.state.fl.us/VCDCC.Forms.

History

Rulemaking Authority 943.03(4), 943.042 FS. Law Implemented 943.031, 943.042 FS. History–New 3-10-94, Amended 10-10-95, 10-25-01, 11-5-02, 3-21-07, 6-9-08, 7-9-19.

Fla. Admin. Code R. 11N-1.0021 Criteria for Violent Crime Investigative Assistance and Emergency Funding

(1) Eligibility and compliance. Applicants shall meet and comply with eligibility, application, limitations, instructions, and requirements as set forth in the grant guidelines as approved by the Council for this program and published on the Council website at http://www.fdle.state.fl.us/VCDCC/VCDCC-Home.aspx.

(2) Purpose for violent crime investigative funding. Provide financial assistance to local and state law enforcement agencies involved in complex and lengthy violent crime investigations. In determining whether requests from state and local law enforcement agencies relate to involvement in a complex and lengthy violent crime investigation, the Council shall consider whether:

(a) The crime under investigation involves multiple victims;

(b) The crime resulted in the death or serious bodily injury to one or more victims;

(d) The crime evidences a heinous, wicked, or grossly disturbing method of commission; and shall consider the nature and extent of complexity and length of the investigative efforts and whether the expenses claimed are beyond the resources of the investigative agency or agencies making the request for funding, as defined in subsection (4) of this section.

(3) In determining whether requests from state and local law enforcement agencies relate to a violent crime investigation which constitutes a significant emergency within the state, the Council shall consider whether:

(a) The nature and extent of the crime produces a heightened concern within the state for the safety and well-being of Florida’s citizens and visitors;

(b) The crime is thought to involve one or more perpetrators who have traveled from one state or local jurisdiction to another committing similar or pattern crimes;

(c) The crime is such that absent successful apprehension and prosecution of the perpetrator, Florida’s reputation for being a safe recreational, occupational, and residential location is being jeopardized or is suffering significant deterioration; and the expenses claimed are beyond the resources of the investigative agency or agencies making the request for funding.

History

Rulemaking Authority 943.03(4), 943.042 FS. Law Implemented 943.031, 943.042 FS. History–New 10-25-01, Amended 11-5-02, 7-9-19.

Fla. Admin. Code R. 11N-1.0022 Criteria for Drug Control Investigative Assistance and Emergency Funding

(2) Purpose for drug control investigative funding. Provide financial assistance to local and state law enforcement agencies involved in complex and lengthy drug control investigations. In determining whether requests for drug control funding relate to multi-agency or statewide drug control or illicit money laundering investigative or task force efforts that:

(a) Significantly contribute to achieving the state’s goal of reducing drug-related crime as articulated by the Office of Drug Control;

(b) Represent a significant illicit money laundering investigative effort; or

(c) Otherwise significantly support statewide strategies developed by the Statewide Drug Policy Advisory Council, and adhering to the criteria approved by the Council in the grant program solicitation.

History

Rulemaking Authority 943.03(4), 943.042 FS. Law Implemented 943.031, 943.042 FS. History–New 10-25-01, Amended 11-5-02, 12-3-03, 3-27-06, 7-9-19.

Fla. Admin. Code R. 11N-1.003 Limitations on Violent Crime Investigative Reimbursement Funding

History

Rulemaking Authority 943.03(4), 943.042 FS. Law Implemented 943.031, 943.042 FS. History–New 3-10-94, Amended 10-10-95, 10-25-01, 12-3-03, Repealed 7-9-19.

Fla. Admin. Code R. 11N-1.0031 Limitations on Matching Drug Control Investigative Funding

History

Rulemaking Authority 943.03(4), 943.042 FS. Law Implemented 943.031, 943.042 FS. History–New 10-25-01, Amended 12-3-03, 3-27-06, 3-21-07, Repealed 7-9-19.

Fla. Admin. Code R. 11N-1.004 Procedures for Emergency Violent Crime Investigative Funding

History

Rulemaking Authority 943.03(4), 943.042 FS. Law Implemented 943.031, 943.042 FS. History–New 3-10-94, Amended 10-10-95, 8-22-00, 10-25-01, 12-3-03, 3-21-07, 6-9-08, Repealed 7-9-19.

Fla. Admin. Code R. 11N-1.005 Procedures for Formal Funding Requests for Violent Crime Investigative Reimbursement Funding

History

Rulemaking Authority 943.03(4), 943.042 FS. Law Implemented 943.031, 943.042 FS. History–New 3-10-94, Amended 10-10-95, 10-25-01, 12-3-03, 3-27-06, 3-21-07, 6-9-08, Repealed 7-9-19.

Fla. Admin. Code R. 11N-1.0051 Procedures for Funding Requests for Drug Control Investigative Funding

History

Rulemaking Authority 943.03(4), 943.042 FS. Law Implemented 943.031, 943.042 FS. History–New 10-25-01, Amended 12-3-03, 3-27-06, 3-21-07, 6-9-08, Repealed 7-9-19.

Fla. Admin. Code R. 11N-1.006 Contributions

History

Rulemaking Authority 943.03(4), 943.042 FS. Law Implemented 943.031, 943.042 FS. History–New 3-10-94, Amended 10-10-95, 10-25-01, 3-27-06, Repealed 7-9-19.

Fla. Admin. Code R. 11N-1.007 Annual Audit

(1) The Department of Law Enforcement will annually arrange for an independent evaluation of the Violent Crime Investigative Emergency and Drug Control Strategy Implementation Account to ensure expenditures are consistent with provisions of this rule chapter, and annually arrange for an independent audit of the financial statement.

(2) Prior to the receipt of Council awarded funds, the lead Agency Head and the Chief Financial Officer (CFO) will be required to sign, date, and return the State Financial Assistance Form FDLE/IFS-006, revised 08/01/07 and incorporated by reference, indicating agreement to maintain the requested documentation detailing the actual funds expended during the investigations, and to provide documentation to an auditor upon request.

History

Rulemaking Authority 943.03(4), 943.042 FS. Law Implemented 943.031, 943.042 FS. History–New 3-10-94, Amended 10-10-95, 10-25-01, 3-21-07, 6-9-08.

Fla. Admin. Code R. 11N-1.008 Active Criminal Investigative and Active Criminal Intelligence

History

Rulemaking Authority 943.03(4), 943.042 FS. Law Implemented 943.031, 943.042 FS. History–New 10-25-01, Repealed 5-21-12.

Fla. Admin. Code R. 11N-1.009 Victim/Witness Protection Program

History

Rulemaking Authority 943.03(4) FS. Law Implemented 943.031(6), 914.25 FS. History–New 12-3-03, Amended 3-27-06, 3-21-07, 6-9-08, Repealed 7-9-19.

Division 11Q State Board of Immigration Enforcement

Chapter 11Q-1 LOCAL LAW ENFORCEMENT IMMIGRATION GRANT PROGRAM

Fla. Admin. Code R. 11Q-1.001 Definitions

As used in this chapter, except where the context clearly indicates a different meaning, the following terms shall have the meaning indicated:

(1) “Board” means the State Board of Immigration Enforcement.

(2) “Correctional Officer” has the same meaning as found in s. 943.10(2), F.S.

(3) “Council” means the State Immigration Enforcement Council.

(4) “Department” means the Florida Department of Law Enforcement.

(5) “Eligible Application” is an application for grant program funds, which meets the requirements of Rules 11Q-1.002 and 11Q-1.003, F.A.C.

(6) “Executive Director” means the Executive Director of the State Board of Immigration Enforcement.

(7) “Fiscal year” means the fiscal year for the State of Florida, beginning July 1 of a given year and ending the subsequent June 30.

(8) “Grant program” means the Local Law Enforcement Grant Program.

(9) “Jail Enforcement Model” means an authorized delegation of authority by the United States Immigration and Customs Enforcement to a local law enforcement officer to perform designated immigration officer functions under the direction and oversight of Immigration and Customs Enforcement in a jail or corrections setting.

(10) “Local law enforcement agency” means a law enforcement agency of any county, municipality, or other political subdivision of the state, as well as any chief correctional officers operating county detention facilities.

(11) “Local law enforcement officer” means any law enforcement officer, as defined in s. 943.10, Florida Statutes, if that officer is elected, appointed, or employed by any county, municipality, or other political subdivision of the state.

(12) “Suspected Unauthorized Alien” means any person who is believed to be unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq.

(13) “Task Force Model” means an authorized delegation of authority by the United States Immigration and Customs Enforcement to a local law enforcement officer to perform designated immigration officer functions under the direction and oversight of Immigration and Customs Enforcement in non-custodial settings during routine law enforcement activities.

(14) “Warrant Service Officer” means a certification program for local law enforcement officers to perform limited functions of a designated immigration officer within a jail or corrections facility to assist the United State Immigration and Customs Enforcement to ensure that unauthorized aliens are not released into the community.

History

Rulemaking Authority 908.1033(7) FS. Law Implemented 908.1033 FS. History–New 9-10-26.

Fla. Admin. Code R. 11Q-1.002 Funds Availability and Eligibility

(1) The amount of funds available shall be that amount appropriated each fiscal year to the Board by the legislature.

(2) The Board shall attempt to obligate all of the funds available in the current fiscal year. Funds will be disbursed on a first-come, first-served basis according to the date of receipt if an application is deemed eligible as provided in this rule chapter. Funds allocated through the grant program may not exceed annual legislative appropriations, nor may funds be reallocated for the grant program except as authorized by the legislature or this rule chapter.

(3) A local law enforcement agency may be eligible for reimbursement of costs through the grant program only for purposes provided in Rule 11Q-1.003, F.A.C., and only if the local law enforcement agency attests and verifies compliance with all applicable statutory obligations found in Chapter 908, Florida Statutes, and the reporting requirements set forth in this rule chapter.

(a) Pursuant to the Board’s data collection requirements as described in s. 908.1031(3)(e), F.S., any local law enforcement agency seeking reimbursement through this grant program must attest and verify that it collects and reports the following individualized data points on encounters with suspected unauthorized aliens in accordance with the policies and procedures of the law enforcement officer’s employing agency when a suspected unauthorized alien is encountered to the Department through an electronic platform the Department agrees to at least by the 15th day of each subsequent month:

For the date of contact; the date of contact between the suspected unauthorized alien and the local law enforcement agency.
For the contacting agency:

a. Name of the agency that is reporting the contact

b. Name and title of the contacting local law enforcement officer.

The location of the unauthorized alien contact:

a. the city or unincorporated area in which an encounter between a suspected unauthorized alien and a local law enforcement officer took place.

b. the county in which an encounter between a suspected unauthorized alien and a local law enforcement officer took place.

c. the address at which an encounter between a suspected unauthorized alien and a local law enforcement officer took place.

Personal identifying information of the suspected unauthorized alien contact, to include:

a. The suspected unauthorized alien’s first name.

b. The suspected unauthorized alien’s middle name.

c. The suspected unauthorized alien’s last name.

d. The suspected unauthorized alien’s country of citizenship.

e. The suspected unauthorized alien’s Alien Registration Number (if applicable).

f. The suspected unauthorized alien’s date of birth.

g. The suspected unauthorized alien’s sex.

Current contact information for the suspected unauthorized alien contact, to include:

a. A complete street address with city, state, and zip code.

b. A current telephone number.

Contact information, to include; a street address for the suspected unauthorized alien contact’s current employer.
Identified or suspected criminal gang affiliations of the suspected unauthorized alien contact.
Vehicle information associated with the suspected unauthorized alien contact, to include:

a. A description of the vehicle.

b. Registration information for the vehicle.

c. License plate information for the vehicle.

Criminal history information of the suspected unauthorized alien contact, identified as either “yes” or “no.”
Information regarding whether citizenship was verified with Immigration and Customs Enforcement. For response, the agency shall provide a “yes” or “no” response.
Criminal arrest information for the suspected unauthorized alien contact arising from the encounter, if applicable, to include:

a. information regarding criminal charges listed in order of severity.

b. Information describing whether Immigration and Customs Enforcement was contacted during the encounter.

c. If Immigration and Customs Enforcement was contacted during the encounter, whether personnel from that agency responded.

d. If Immigration and Customs Enforcement personnel did not respond, the local law enforcement agency will provide a narrative describing the reasons provided.

A photograph of the suspected unauthorized alien contact that provides a clear image of the contact’s face and neck. A photograph is not necessary if a jail facility takes a booking photograph of the suspected unauthorized alien contact subsequent to a criminal arrest.

(b) Pursuant to the Board’s data collection requirements as described in s. 908.1031(3)(e), F.S., any local law enforcement agency seeking reimbursement through this grant program must attest and verify that it collects and reports the following summary data to the Department through an electronic platform the Department agrees to at least by the 15th day of each subsequent month:

The total number of local law enforcement officers maintaining an active designated immigration officer status each month through the Task Force Model under section 287(g) of the Immigration and Nationality Act, 8 U.S.C. s. 1357.
The number of immigration investigations conducted by a participating agency’s designated immigration officers each month while duly cross sworn as a designated immigration officer through the Task Force Model under section 287(g) of the Immigration and Nationality Act, 8 U.S.C. s. 1357.
The number of immigration investigations conducted by a participating agency’s designated immigration officers that results in an arrest while such officers are duly cross sworn as a designated immigration officer through the Task Force Model under section 287(g) of the Immigration and Nationality Act, 8 U.S.C. s. 1357.
The number of times a participating agency’s local law enforcement officers initiate arrests for only civil immigration charges while duly cross sworn as a designated immigration officer through the Task Force Model under section 287(g) of the Immigration and Nationality Act, 8 U.S.C. s. 1357.

(c) Pursuant to the Board’s data collection requirements as described in s. 908.1031(3)(e), F.S., any local law enforcement agency seeking reimbursement through this grant program that operates a county detention facility must attest and verify that it collects and reports the following summary data to the Department through an electronic platform the Department agrees to at least by the 15th day of each subsequent month:

The number of immigration detainer (I-247) forms it receives from Immigration and Customs Enforcement each month, accompanied by any associated arrest warrants (I-200 form) and/or warrants of removal (I-205) forms. The law enforcement agency shall report the number of detainers accompanied by arrest warrants and warrants of removal, respectively.
The number of immigration detainers the agency receives from Immigration and Customs Enforcement and are subsequently cancelled, with the subject of the detainer having been released without being transferred to the custody of Immigration and Customs Enforcement.
The number of unauthorized aliens for whom the agency received an immigration detainer from Immigration and Customs Enforcement, but who Immigration and Customs Enforcement ultimately failed to take into custody within the required 48-hour time period, thus requiring the agency to release the individual from custody.
The highest state law offense classification for each unauthorized alien for whom Immigration and Customs Enforcement issues an immigration detainer.
The number of unauthorized aliens who meet the criteria noted in subparagraphs (3)(c)1. through 4. who were charged with a violent crime.
The number of unauthorized aliens for whom the agency receives an immigration detainer from Immigration and Customs Enforcement after the person was already released on state criminal charges.
The number of unauthorized aliens for whom the agency lodges immigration detainers before Immigration and Customs Enforcement makes an independent biometric or biographic match through the normal booking process.
The number of unauthorized aliens the agency transports from its jail facility to an Immigration and Customs Enforcement facility upon conclusion of the 48-hour immigration detainer period in lieu of Immigration and Customs Enforcement taking custody of the individual at the jail facility.
The monetary amount of reimbursement costs the agency received from Immigration and Customs Enforcement in the prior month, the agency’s reimbursement rate from Immigration and Customs Enforcement, and how many beds the agency incurred for housing unauthorized aliens from the time those aliens’ state law charges were resolved until they were either released from jail or to the custody of Immigration and Customs Enforcement. The agency shall also report the difference between its actual unauthorized alien housing cost and the reimbursable amount for each month.

(4) A local law enforcement agency may not submit an application or receive grants for any activity for which the agency has received, or expects to receive, federal or other funding.

(5) A local law enforcement agency may not receive reimbursements greater than $1,000,000 in a particular fiscal year without prior approval by the Board.

(6) A local law enforcement agency who attests to comply with the requirements with this rule but that are found to not be in compliance with all requirements by the Board will forfeit eligibility for the remainder of the fiscal year.

(7) Consistent with a first-come, first-served basis, the Board may prioritize reimbursements to Fiscally Constrained Counties, as defined in s. 218.67, F.S., whenever possible.

History

Rulemaking Authority 908.1033(7) FS. Law Implemented 908.1033 FS. History–New 9-10-26

Fla. Admin. Code R. 11Q-1.003 Eligible Purposes and Programs

(1) A local law enforcement agency may apply to the Board for reimbursement of the following expenses, listed in order of priority:

(a) Training programs, including certified apprenticeship programs, the Warrant Service Office training, the Jail Enforcement Model training, the Task Force Model training under section 287(g) of the Immigration and Nationality Act, 8 U.S.C. s. 1357, and other programs, as deemed acceptable by the Department of Homeland Security, related to supporting the enforcement of federal immigration laws, including:

Additional costs associated with training materials, travel, and other costs associated with training, and
Overtime costs, including associated benefits, for hours spent in training. All overtime reimbursements shall be in accordance with the participating agency’s established pay policies and procedures. Overtime costs shall not exceed one and a half times of an officer’s hourly pay. Reimbursement for personnel costs of backfilling positions dedicated to the immigration mission is not permitted.
For local law enforcement agencies with over 75 local law enforcement officers, the agency may only seek training reimbursement costs for up to twenty percent of their sworn personnel in a particular fiscal year.
For local law enforcement agencies with between 31 and 75 local law enforcement officers, the agency may only seek training reimbursement costs for up to thirty percent of their sworn personnel in a particular fiscal year.
For local law enforcement agencies with thirty or less local law enforcement officers, or for those who are located in a fiscally constrained county as defined in s. 218.67, F.S., the agency may only seek reimbursement costs for up to fifty percent of their sworn personnel in a particular fiscal year.
Notwithstanding subparagraphs (1)(a)3. – 5., any local law enforcement agency may seek a reimbursement for at least 10 local law enforcement officers regardless of agency size.

(b) Detention beds sublet to the United States Immigration and Customs Enforcement for a temporary period.

Reimbursement eligibility shall only be for the time between when an unauthorized alien is released from custody for a state criminal offense until the time that the unauthorized alien either leaves the jail facility or is transferred into custody of Immigration and Customs Enforcement. Reimbursement will be available each day within that time frame in which the unauthorized alien remains in custody for twelve hours or more.
Facilities with a Basic Ordering Agreement (BOA) may receive up to $75 per reimbursable day if the facility will also receive or apply for reimbursement from Immigration and Customs Enforcement. Funds requested through this program may not supplant federal funding.
Facilities with a Basic Ordering Agreement (BOA) may receive up to $100 per reimbursable day if the facility will not receive or apply for reimbursement from Immigration and Customs Enforcement. Funds requested through this program may not supplant federal funding.
Facilities with an Intergovernmental Service Agreement will be reimbursed the difference between their daily bed rate, as specified in their Intergovernmental Service Agreement, and the established reimbursement maximum of $100 per day under this program.

Round trip reimbursement from the point of departure to the point of return not to exceed State of Florida travel thresholds provided in s. 112.061, Florida Statutes, and Rule 69I-42.010, Florida Administrative Code.
Overtime costs, including fringe benefits, for a maximum of two local law enforcement officers conducting the transport of an unauthorized alien. All overtime reimbursements shall be in accordance with the participating agency’s established pay policies and procedures and shall not exceed one and a half times of the officer’s hourly pay rate.

(d) Equipment, travel, and lodging directly related to detaining and transporting unauthorized aliens or directly related to active participation in task force activities under section 287(g) of the Immigration and Nationality Act, 8 U.S.C. s. 1357. Travel and lodging costs may be reimbursed only if they were incurred pursuant to a participating agency’s involvement in task force activities with or for Immigration and Customs Enforcement. All equipment reimbursement requests must receive approval by the Board prior to the purchase and request for reimbursement. Equipment purchases or reimbursements must have a direct nexus to immigration enforcement. The costs associated with up to one multi-passenger vehicle, e.g. a full-size van, and the costs associated with upfitting up to one multi- passenger vehicle may be reimbursed, subject to Board approval. Law enforcement agencies that maintain detention facilities operating under an Intergovernmental Service Agreement (IGSA) with U.S. Immigration and Customs Enforcement and that house federal immigration detainees and designated Florida Sheriff Transportation Agencies are eligible to receive reimbursement for up to one multi-passenger vehicle. Florida Sheriff Transportation Agencies are those agencies identified as responsible for transport from the Transportation Zones in SBIE-005 Florida Law Enforcement Officer Civil Immigration Arrest Transportation Process, revised September 3, 2025, effective September 3, 2025, hereby incorporated by reference, http://flrules.org/Gateway/reference.asp?No=Ref-19740. A copy of SBIE-005 Florida Law Enforcement Officer Civil Immigration Arrest Transportation Process may be obtained by contacting the State Board of Immigration Enforcement, P.O. Box 1489, Tallahassee, Florida 32302 or SBIE@fdle.state.fl.us. No other vehicle, vessel, or aircraft will be approved for reimbursement.

(e) A bonus of up to $1,000 for each local law enforcement officer employed by a local law enforcement agency who is credentialed as a designated immigration officer and participates in at least one United States Department of Homeland Security task force operation under section 287(g) of the Immigration and Nationality Act, as found at 8 U.S.C. s. 1357, subject to the following criteria: The bonus shall include an additional 7.65% for the officer’s share of Federal Insurance Contribution Act tax on the bonus. A local law enforcement agency may not apply for more than one bonus for any particular local law enforcement officer over the life of the program.

(f) A local law enforcement agency may apply to the State Board of Immigration Enforcement to provide bonus payments for the agency’s certified correctional officers who are a warrant service officer or a designated immigration officer under the jail enforcement model under section 287(g) of the Immigration and Nationality Act, as found at 8 U.S.C. s. 1357, subject to the following criteria: The bonus shall include an additional 7.65% for the officer’s share of Federal Insurance Contribution Act tax on the bonus. A local law enforcement agency may not apply for more than one bonus for any particular local law enforcement officer over the life of the program. The local law enforcement agency must certify to the Board that the certified correctional officer acted in such capacity as a warrant service officer or a designated immigration officer under the jail enforcement model for at least 6 months preceding the application and provide any information requested by the Board. Correctional officers are not eligible for operations solely at state correctional facilities.

(g) Hardware or software essential to assisting the Federal Government in its enforcement of federal immigration laws. A local law enforcement agency seeking reimbursement for hardware or software costs must articulate in its application a direct need to acquire the hardware or software for immigration enforcement purposes and why preexisting resources are inadequate.

(h) Any associated or incidental costs related to the moving, transporting, lodging, temporary detention, or security of unauthorized aliens essential to assisting the Federal Government in its enforcement of federal immigration laws or related to active participation in task force activities under section 287(g) of the Immigration and Nationality Act, 8 U.S.C. s. 1357 not previously enumerated and not otherwise prohibited. A local law enforcement agency seeking reimbursement for the moving, transporting, lodging, temporary detention, or security of unauthorized aliens must articulate in its application the justification of a direct need to acquire said expenses and provide all receipts for said expenses.

(2) All reimbursements with grant funds must be reasonably priced based on current market review at the time of the expense, and must be necessary for the operations and success of immigration enforcement. All costs must be allowable, reasonable, and necessary in accordance with Department of Financial Services, Chief Financial Officer Memorandum No. 1, hereby incorporated by reference, https://flrules.org/Gateway/reference.asp?No=Ref-19063.

(3) A local law enforcement agency may not receive more than $500,000 in reimbursed overtime expenses during a particular fiscal year without approval by the Board.

(4) The Board may authorize increases in funding allocations subject to the availability of unallocated grant funds through the issuance of a supplemental grant award amendment.

History

Rulemaking Authority 908.1033(7) FS. Law Implemented 908.1033 FS. History–New 9-10-26.

Fla. Admin. Code R. 11Q-1.004 Application and Award Procedures

(1) Each fiscal year in which funds are appropriated for the grant program by the legislature, the Board shall release a funding solicitation to notify local law enforcement agencies of the availability of funds and eligibility criteria.

(2) A local law enforcement agency that seeks reimbursement for eligible expenses or for bonus payments pursuant to Rule 11Q-1.003, F.A.C., shall submit a completed application via the Department’s electronic grants management system. A local law enforcement agency shall submit an application aggregating estimated costs among all eligible purposes identified in Rule 11Q-1.003, F.A.C., for the current state fiscal year.

(3) Upon receipt of a grant application, the Executive Director shall review the application for completeness and compliance with eligibility requirements set out in Rules 11Q-1.002 and 11Q-1.003, F.A.C.. Incomplete applications, or those from local law enforcement agencies that fail to attest to meeting the requirements provided in subsection 11Q-1.002(3), F.A.C., shall be denied but agencies may have the opportunity to resubmit a complete application. Any application denied for failing to meet eligibility requirements according to the Executive Director will be submitted to the Board for review and oversight.

(4) Subject to the provisions of this rule chapter, the Executive Director may approve a grant application request up to $25,000 without board approval, if the application meets eligibility requirements set out in Rules 11Q-1.002, F.A.C., and 11Q-1.003, F.A.C.

(5) For any grant application from a local law enforcement agency requesting funds more than $25,000.00, upon a review for completeness and eligibility, the Executive Director shall submit the application to the Board with a recommendation to either approve or deny the application.

(6) The Board shall review an application and approve or deny it during its next scheduled public meeting after receipt from the Executive Director. The Board may approve or deny applications en masse on a consent agenda at Board meetings.

(7) Upon approval, the Board must provide notification in writing to the chair and vice chair of the Legislative Budget Commission at least 14 days before a grant may be issued to a local law enforcement agency.

(8) The Executive Director shall notify a local law enforcement agency of the final result of its application in writing within 30 days of a determination of incompleteness or ineligibility, or upon a determination by the Board.

History

Rulemaking Authority 908.1033(7) F.S. Law Implemented 908.1033 FS. History–New 9-10-26.

Fla. Admin. Code R. 11Q-1.005 Reimbursement Procedures for Awarded Grants

(1) Upon notification of an approved grant application, a local law enforcement agency may submit reimbursement requests to the Board monthly through the Department’s electronic grant management system. Reimbursement requests must be complete for an agency to receive grant funds for eligible expenses.

(2) To receive grant funds for providing beds to the United States Immigration and Customs Enforcement, a law enforcement agency must provide an accounting of the bed days used for immigration enforcement as identified by client ID (i.e., number, last name, or other identifier), date assigned to bed, date departed, and a calculation of the total number of days with associated cost as supporting documentation. This information shall be aggregated on a monthly basis.

(3) To receive grant funds for procuring equipment, travel, or lodging related to 287(g) programs, a local law enforcement agency must provide any applicable purchase orders or requisition forms, invoices, and proof of payments as supporting documentation. Travel documentation in accordance with State of Florida Travel Regulations must be provided for any travel costs. The local law enforcement agency must also attest that equipment reimbursed through the grant program will be used for activities related to a 287(g) program.

(4) To receive grant funds for costs related to training programs or travel related to 287(g) programs, a local law enforcement agency must provide, as applicable, travel vouchers, invoices, copies of any training agenda(s), and proof of payment to the traveler(s) as supporting documentation. Travel expenses reimbursed through the grant program shall not exceed State of Florida travel thresholds provided in s. 112.061, Florida Statutes, and Rule 69I-42.010, F.A.C.

(5) To receive grant funds for costs related to hardware or software essential to assisting the Federal Government in its enforcement of federal immigration laws, a local law enforcement agency must provide, as applicable, purchase order(s), requisition form(s), invoice(s), and proof(s) of payment as supporting documentation.

(6) To receive grant funds for bonus payments of local law enforcement officers through this grant program, a local law enforcement agency is required to submit a signed Bonus Payment Certification form and proof of payment for each officer as supporting documentation.

History

Rulemaking Authority 908.1033(7) FS. Law Implemented 908.1033 FS. History–New 9-10-26.

Fla. Admin. Code R. 11Q-1.006 Forms and Instructions

These forms may be obtained by contacting the State Board of Immigration Enforcement, P.O. Box 1489, Tallahassee, Florida 32302 or SBIE@fdle.state.fl.us.

(1) Law Enforcement Officer Bonus Payment Certification, Form SBIE-001, revised July 2025, effective date July 2025, hereby incorporated by reference, http://flrules.org/Gateway/reference.asp?No=Ref-19052.

(2) Certified Correctional Officers Bonus Payment Certification, Form SBIE-002, revised July 2025, effective date July 2025, hereby incorporated by reference, http://flrules.org/Gateway/reference.asp?No=Ref-19053.

(3) Single Audit Certification, Form SBIE-003, revised July 2025, effective date July 2025, hereby incorporated by reference, http://flrules.org/Gateway/reference.asp?No=Ref-19054.

(4) Immigration Grant Program Travel Voucher, Form SBIE-004, revised July 2025, effective date July 2025, hereby incorporated by reference, http://flrules.org/Gateway/reference.asp?No=Ref-19055.

History

Rulemaking Authority 908.1033(7) FS. Law Implemented 908.1033 FS. History–New 9-10-26.