Fla. Admin. Code R. 11B-27.00212

Current through Reg. 50, No. 217; November 5, 2024
Section 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 18, 2022, effective 8/2023, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-15517. 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:
1. Successfully demonstrate proficiency in the High-Liability Basic Recruit Training Courses pursuant to Rule 11B-35.0024, F.A.C.
2. 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.
3. 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:
1. 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.
2. Achieve a passing score on the applicable State Officer Certification Examination pursuant to rule Chapter 11B-30, F.A.C.
3. 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:
1. Scenario-based Firearms Training.
2. Physiological Response Dynamics Training.
3. Less-lethal force options available within the agency.
4. Agency policies on Use-of-Force training.
5. 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 10, 2023, effective 6/2024, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-16661, 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.
(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 13, 2020, effective 5/2021, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-13135. 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:
1. Any CJSTC approved law enforcement basic recruit training program entered into on or after 4/1/08.
2. Any CJSTC Advanced Training Program course on elder abuse or investigation of crimes against the elderly entered into on or after 4/1/06.
3. Elder Abuse Training for Law Enforcement course by the Department of Elder Affairs (Effective 10/30/08).
4. 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 943.17298, 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.

Fla. Admin. Code Ann. R. 11B-27.00212

Rulemaking Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12, 943.13(11), 943.135, 943.1395(3), 943.1701, 943.1715, 943.1716, 943.253 FS.

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, Amended by Florida Register Volume 42, Number 164, August 23, 2016 effective 9/4/2016, Amended by Florida Register Volume 44, Number 148, July 31, 2018 effective 8/15/2018, Amended by Florida Register Volume 46, Number 078, April 21, 2020 effective 5/5/2020, Amended by Florida Register Volume 47, Number 086, May 4, 2021 effective 5/20/2021. Editorial Note: See Rule 11B-27.0023, F.A.C, Amended by Florida Register Volume 48, Number 115, June 14, 2022 effective 6/26/2022, Amended by Florida Register Volume 49, Number 158, August 15, 2023 effective 8/30/2023, Amended by Florida Register Volume 50, Number 114, June 11, 2024 effective 6/25/2024.

See Rule 11B-27.0023, F.A.C.