August 12, 2021

CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION MEETING

SAWGRASS MARRIOTT PONTE VEDRA BEACH, FLORIDA

AMENDED 8/12/2021

Florida Department of Law Enforcement Criminal Justice Professionalism Commissioner Rick Swearingen Director Dean Register

Criminal Justice Standards and Training Commission

Chairman Tommy Ford Vice-Chairman Michael L. Allen Bay County Sheriff’s Office Polk County Sheriff’s Office

August 2021 Commission Meeting 1 Commission Agenda

Criminal Justice Standards and Training Sawgrass Marriott Golf Resort & Spa Commission Meeting 1000 PGA Tour Boulevard Ponte Vedra Beach, Florida 32082 Meeting Dates: August 9 – 12, 2021 Telephone: 1-904-285-7777

Monday – Thursday, August 9 – 12, 2021 FDLE Command Center 7:00 a.m. – 6:00 p.m. Patrons FDLE Staff Information Area – Cheryl Taylor 7:00 a.m. – 6:00 p.m. Masters Registration Monday, August 9, 2021 Officer Discipline Class 8:00 a.m. – 5:00 p.m. Champions ABC “New” Training Center Director’s Orientation 5:00 p.m. – 6:00 p.m. Patrons Tuesday, August 10, 2021 Officer Discipline Class 8:00 a.m. – 5:00 p.m. Champions ABC Field Services Staff Meeting 8:30 a.m. – 12:00 p.m. Masters A Training Center Director Scholarship Committee Meeting (Members Only) 10:30 a.m. – 11:30 a.m. Training Center Director Executive Board Committee Meeting (Members Only) 11:30 a.m. - 1:00 p.m. Heritage A Training Center Director Steering Committee Meeting (Members Only) 1:00 p.m. – 3:00 p.m. Training Center Director Basic Recruit Committee Meeting 3:00 p.m. – 4:00 p.m. Heritage B Training Center Director Advanced / Specialized Training Committee Meeting 3:00 p.m. – 4:00 p.m. Heritage C Training Center Director High Liability Committee Meeting 3:00 p.m. – 4:00 p.m. Heritage D and E Training Center Director Rules Committee Meeting 3:00 p.m. – 4:00 p.m. Masters B and C Training Center Director Open Forum 4:00 p.m. - 5:30 p.m. Masters D Wednesday, August 11, 2021 Officer Discipline Class 8:00 a.m. – 5:00 p.m. Champions ABC Training Center Directors Association Business Meeting 8:00 a.m. – 10:00 a.m. Masters D and E Probable Cause Determination Hearings 10:00 a.m. – 5:00 p.m. Heritage D and E Chairman Briefing - (FDLE STAFF, CHAIRMAN, & ATTORNEY) 2:30 p.m. – 4:00 p.m. Patrons

Thursday, August 12, 2021 Officer Discipline Class 8:00 a.m. – 12:00 p.m. Champions ABC Criminal Justice Standards & Training Commission Business Meeting 8:30 a.m. – 5:00 p.m. Masters D and E CJST Commission Officer Discipline Hearings 10:00 a.m. – 5:00 p.m.

Meeting Rooms are subject to change. Amended 8/12/2021

August 2021 Commission Meeting 2 Meeting Schedule

HOTEL INFORMATION Hotel Name and Address: Sawgrass Marriott Golf Resort & Spa 1000 PGA Tour Boulevard Ponte Vedra Beach, FL 32082 Front Desk Telephone: (904) 285-7777 (including Reservations) Reservation Information: Reservation Number: 1-800-457-4653; Fax Number: (904) 285-0906 Guestroom Rate: $133/night plus applicable taxes for a standard King or 2 Doubles. Resort Fee: $25.00/day. Group Rate Available: August 7 – 13, 2021, 2021; extra 2 days before/after is based on availability only. Check-in/Check-out: Check-in time: 4:00 p.m. and Check-out time: 11:00 a.m. A late check-out is subject to availability and can be requested at the front desk. Cancellation Policy: Cancellations made within 72 hours prior to arrival will forfeit one night's room and tax. Reservations Group Code and Group Name: FDLE Criminal Justice Standards Training Group or FDLE CJSTC Reservation website: Online reservations can be made by clicking this link to visit our customized reservation website: https://book.passkey.com/go/FDLECJSTCMeeting2021 Reservation Deadline: July 16, 2021 before 3:00 p.m. Parking: Hotel parking fee: $7.00 per day; valet parking fee: $28.00

NOTE: Here are the new COVID-19 updates for Sawgrass Marriott Golf Resort and Spa. These changes are for the guests – but Marriott employees who work indoors are still required to wear masks regardless if they are vaccinated or not. Employees who work outdoors do not need to wear masks. Regarding social distancing for meeting sets and dining – those restrictions are not required any longer.

If you have questions about the Commission meeting agenda, please contact Joyce Gainous-Harris at (850) 410-8615 or by e-mail at JoyceGainous- [email protected]. If you have questions about hotel accommodations, please contact Cheryl Taylor at (850) 410-8657 or via email [email protected]. If you have questions about the Officer Discipline Agenda please contact Sissy Beggs at (850) 410-8632 or by e-mail at [email protected]. The Commission packet can be viewed or downloaded after July 27, 2021, at: http://www.fdle.state.fl.us/CJSTC/Commission/CJSTC-Home.aspx

August 2021 Commission Meeting 3 Hotel Information

AUGUST 12, 2021 CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION MEETING BUSINESS AGENDA 8:30 A.M.

The Commission packet can be viewed at: http://www.fdle.state.fl.us/CJSTC/Commission/CJSTC-Home.aspx

Business Meeting Called to Order Chairman Tommy Ford

Posting of Colors St. Johns County Sheriff’s Office Honor Guard

Pledge of Allegiance Retired Commander John Donlon St. Johns River State College Criminal Justice Training Program

Officers Killed in the Line of Duty Deputy Sheriff Jack Edward Gwynes Nassau County Sheriff's Office Lieutenant Adam Whisenant Florida Division of Alcoholic Beverages and Tobacco Deputy Craig Seijos Orange County Sheriff's Department Officer Justin White Port Orange Police Department Detective Jon Alexander Cooke Nassau County Sheriff's Office

Invocation Chaplain Rusty Burns St. Johns County Sheriff’s Office

Security Sergeant Dylan Bryan, Trooper Michael Elder, and Trooper Tyra Keplinger of the

Welcome/Introductions Chairman Tommy Ford

Roll Call Training & Research Manager Terry Baker

Sunshine Law Commission Attorney Nick Cox

Approval of the August 12, 2021 Business Agenda Training & Research Manager Terry Baker

Approval of the May 6, 2021 Commission Meeting Minutes Training & Research Manager Terry Baker

Training Center Directors’ Association (TCDA) Chairman Remarks Chairman Jay Romine Manatee Technical College Criminal Justice Academy

August 2021 Commission Meeting 4 Business Agenda

1. Criminal Justice Professionalism Update Director Dean Register

2. Criminal Justice Standards and Training Trust Fund Bureau Chief Glen Hopkins Officer Training Monies: CJST Trust Fund Revenue Report for Fiscal Year 2020 – 2021

3. Criminal Justice Standards and Training Commission Bureau Chief Glen Hopkins Proposed Rules and Forms Revisions

4. Florida Criminal Justice Executive Institute (FCJEI) Deputy Director Vickie Koenig Policy Board Membership Reappointments (Amended 8/3/2021)

5. Officer Training; Advanced Training Program: Bureau Chief Ashley Pennington Domestic Intervention and Investigation, Course Number 091 (Rewrite)

6. Request for Variances or Waivers of Rules FDLE Counsel Chris Bufano A. Petition for a Permanent Waiver of Rule 11B-27.002(4)(a), F.A.C., by Robert James B. Petition for a Permanent Waiver of Rule 11B-27.002(4)(a), F.A.C., by Matthew Rojas C. Petition for a Permanent Waiver of Rule 11B-27.002(4)(a), F.A.C., by Myrna Ayala-Simmons (Amended 7/29/2021) D. Petition for a Permanent Waiver of Rule 11B-27.00213(4)(b), F.A.C., by Terrance Maurice Gadson, Jr. E. Petition for a Permanent Waiver of Rule 11B-35.002(6)(a), F.A.C., by Andrew Orcutt F. Petition for a Permanent Waiver of Rule 11B-27.00213(4)(b), F.A.C., by Guillermo Brignoni (Amended 7/27/2021) G. Petition for a Temporary Waiver of Rules 11B-21.005(3) and 11B-35.0010(1), F.A.C., by Director William J. Romine, Chairman, Training Center Directors Association, on behalf of Statewide CJSTC Training Center Directors (Amended 7/29/2021) H. Petition for a Permanent Waiver of Rule 11B-27.002(4)(a), F.A.C., by Kevin James (Amended 7/29/2021) I. Petition for a Permanent Waiver of Rule 11B-27.00213(4)(b), F.A.C., by Danvarius Choice (Amended 7/30/2021)

7. Hernando County Sheriff’s Office Training Center Bureau Chief Glen Hopkins Certification Request

August 2021 Commission Meeting 5 Business Agenda

-GENERAL INFORMATION AGENDA ITEMS- Agenda Items A. through J. are general informational items that do not require Commission action. If Commission members need to discuss any of these agenda items, the chair will entertain a Commission member's request to do so. A. Criminal Justice Standards and Training Trust Fund Officer Bureau Chief Glen Hopkins Training Monies Status Report B. Officer Records Statistics Bureau Chief Glen Hopkins C. Automated Training Management System (ATMS) Statistics Bureau Chief Glen Hopkins D. Field Specialist Statistics Bureau Chief Glen Hopkins E. Basic Abilities Test (BAT) Statistics Bureau Chief Ashley Pennington F. State Officer Certification Examination (SOCE) Statistics Bureau Chief Ashley Pennington G. SOCE Quarterly Content Area Report Bureau Chief Ashley Pennington H. Commission Basic Recruit Training Programs, and Bureau Chief Ashley Pennington Advanced and Specialized Training Program Courses; and Federal and Private Training Courses (Update) I. Officer Discipline Statistics Bureau Chief Glen Hopkins J. Curriculum Updates Pursuant to Section 943.17, F.S. Bureau Chief Ashley Pennington

August 2021 Commission Meeting 6 Business Agenda

AUGUST 12, 2021 OFFICER DISCIPLINE AGENDA 10:00 A.M.

STIPULATION AND SETTLEMENT AGREEMENTS: Tab Respondent Tab Respondent Tab Respondent Tab Respondent A-1 Badie, Benjamin L. A-5 Hollant, Emile C. A-9 Natali, Christina B. A-13 Wilkinson, Stanley M. A-2 Burdick, David W. A-6 Jackson, Bernadete V. A-10 Nelson, Celeste R. A-3 Eason, Christopher A. A-7 Macapagal, Dennis A. A-11 Raucci, Kristopher A. A-4 Harrell, Demetrius L. A-8 Manning, Robert B. A-12 Reynolds, Christine

INFORMAL-MORAL CHARACTER: Tab Respondent Tab Respondent Tab Respondent Tab Respondent B-1 Baez, Christopher A. B-7 Golembiewski, Benjamin A. B-13 Mohamed, Michael R. B-19 Rushing, Edwin L. B-2 Bartley, Theron H. B-8 Gordon, Sheldon A. B-14 Monroe, Jerome M. B-20 Walker, Jared E. B-3 Bellamy, Alex B-9 Kennedy, David B-15 Newman, Linda G. B-21 Waters, David C. Pagel, Patrick M. B-4 Capezzera, Angela R. B-10 Marin, Adrian B-16 B-22 White, Myron C. (Removed) B-5 Dalmau Garcia, Luis R. B-11 Mazal, Martin F. B-17 Perez, Diana B-23 Wildes, Steven C. B-6 Figueroa, Alexi E. B-12 McDonald, Bobby J. B-18 Riles, Dimonte A.

INFORMAL-FELONY: Tab Respondent C-1 Lambert, Justin D.

VOLUNTARY RELINQUISHMENT: Tab Respondent Tab Respondent Tab Respondent Tab Respondent D-1 Cotterman, Jedadiah N. D-7 Hailes, Jacob T. D-13 Moore, Tracy D-19 Taylor, Kaylee A. D-2 Davidson, Dennis E. D-8 Johnson, Michelle B. D-14 Murray, John M. D-20 Webber, John N. D-3 Fernandez, Nelson R. D-9 Krege, Roger A. D-15 Penta, Taylor P. D-21 Williams, Christian A. D-4 Gentile, James A. D-10 Mackey, Brittney R. D-16 Politowicz, Lawrence M. D-5 Gilley, Corey D. D-11 McMillan, Phillip M. D-17 Ragoonanan, Alan N. D-6 Griffith, Michael T. D-12 McMillan, Phillip M. D-18 Ricketts, Leighton .

August 2021 Commission Meeting 7 Officer Discipline Agenda

DEFAULT-MORAL CHARACTER: Tab Respondent Tab Respondent Tab Respondent Tab Respondent E-1 Adams, William E. E-17 Davis, Joseph L. E-33 Jochim, Walter A. E-49 Nedley, Robert P. E-2 Arnold, Shakendra R. E-18 Dixon, Dustin J. E-34 Kahler, John S. E-50 Parker, Kyle W. E-3 Augustine, Grant E-19 Dixon, Matthew T. E-35 Kanan, Christopher J. E-51 Phillips, Donald W. E-4 Bandy, Christopher N. E-20 Doyle, Patrick C. E-36 Kirlangitis, Michael F. E-52 Powell, Seth H. E-5 Banks, Abby S. E-21 Dye, Shannon E-37 Kuppinger, Amanda R. E-53 Rittenberry, Jeremy D. E-6 Banks, Nicholas K. E-22 Edminson, Jeremiah D. E-38 Lancaster, Justin E. E-54 Santangelo, Michael A. E-7 Beaune, Martin A. E-23 Egan, Zachariah A. E-39 Mandia, Joshua C. E-55 Schlotmann, Joshua R. E-8 Blackmon, Rayvon M. E-24 Flood, Wesley E. E-40 Mashburn, Kit C. E-56 Schroeder, Steven P. E-9 Brown, Brandy M. E-25 Francway, Tracie M. E-41 Miles, Michelle E-57 Spiller, Carl D. E-10 Castiglione, Salvatore M. E-26 Gainer, Sophia L. E-42 Miller, Glenwood A. E-58 Steady, Daniel S. E-11 Chalfant, Jack E. E-27 Gibbs, Michael A. E-43 Miller, Jason E-59 Stephens, Brooklynn M. E-12 Clayton, Danesha A. E-28 Guerrero, Andres A. E-44 Miller, Jason E-60 Stimson, Dustin L. E-13 Cobb, Christopher C. E-29 Hackett, Benique E. E-45 Mobley, Lapaula S. E-61 Taboada, Jennifer E-14 Cox, Thomas D. E-30 Haight, Calvin L. E-46 Montealegre, Jeffry E-62 Weaver-Riley, Jessica S. Haynes Scruggs, Shaquille E-15 Cruz, Vincent E-31 E-47 Morris, Carvel D. E-63 Wehrly, Michael W. L. E-16 Cruz, Vincent E-32 Hernandez, Daisy E-48 Mysliwiec, Jeffrey D. E-64 Wilson, Austin L.

DEFAULT-FELONY: Tab Respondent Tab Respondent Tab Respondent Tab Respondent F-1 Borton, Timothy W. F-4 Feliciano, Michael A. F-7 Pearson, Tiffany F-10 Schwarz, Riley M. F-2 Broughton, Michael C. F-5 King, Addie A. F-8 Satterwhite, Jordan C. F-11 Weismore, Stephen M. F-3 Bryant, Rodney F-6 Otero, Jose M. (Removed) F-9 Schwarz, Riley M. F-12 Zorn, William L.

DEFAULT-DENIAL: Tab Respondent G-1 Flucas, Frank B.

DEFAULT-VIOLATION OF PROBATION: Tab Respondent Tab Respondent Tab Respondent H-1 Blue, Amari H-2 Hervis, Miguel A. H-3 Wilson, Samantha D.

MOTION TO VACATE/SET ASIDE: Tab Respondent I-1 Sngoun, Chanveha

VOLUNTARY DISMISSAL: Tab Respondent Tab Respondent Tab Respondent Tab Respondent J-1 Bruno, Moises D. J-4 Frazier, Natalya T. J-7 King, William J-10 Weekes, Marcia J-2 Dasher, Susan L. J-5 Griffis, Tesya P. J-8 Stettin, Jason J-3 Elliott, James D. J-6 Griffis, Tesya P. J-9 Thornton, James

August 2021 Commission Meeting 8 Officer Discipline Agenda

FUTURE COMMISSION MEETINGS

November 4, 2021 February 17, 2022

The Renaissance World Golf Village Resort Orlando Marriott Lake Mary 500 South Legacy Trail 1501 International Parkway St. Augustine, FL 32092 Lake Mary, FL 32749

Meeting Dates: November 1 – 4, 2021 Meeting Dates: February 14 – 17, 2022 Front Desk: 904-940-8000 Front Desk: 407-995-1100 FAX: 904-940-8008 FAX: 407-995-1150 Guestroom Rate: $125.00 per night plus applicable Guestroom Rate: $149.00 per night plus applicable taxes for a standard king or double. taxes for a king or queen. The hotel will offer two days before/after meeting dates at the same group rate Check-in time is 4:00 p.m. Check-out time is 11:00 a.m. based on availability only. Group Rate Available: February 13 – 18, 2022 Group Rate Available: October 31 – November 5, 2021 Check-in time is 3:00 p.m. The hotel will offer two days before/after meeting Check-out time is 12:00 p.m. dates at the same group rate based on availability Parking is Complimentary only. Valet Parking is not available. The parking fee is $5.00 daily. Cancellation Policy: Cancellations made after 11:59 Valet parking is available for a fee of $20.00 daily. p.m. local time, two days before arrival, no shows, and Cancellation Policy: 72 hours before 3:00 p.m. on no calls would acquire a one-day room fee, including the date of arrival. No shows and no calls would taxes that will be charged to the guest’s credit card. acquire a one-day room fee, including taxes that will be charged to the guest’s credit card. Reservation Cutoff Date: TBD Reservation Cutoff Date: October 18, 2021

May 12, 2022 August 18, 2022 Wyndham Grand Jupiter at Harbourside Place Sawgrass Marriott 122 Soundings Avenue 1000 PGA Tour Boulevard Jupiter, FL 33477 Ponte Vedra Beach, FL 32082 Meeting Dates: May 9 – 12, 2022 Meeting Dates: August 15 – 18, 2022 Front Desk: TBD Front Desk: TBD FAX: TBD FAX: TBD Reservation Telephone: TBD Reservation Telephone: TBD Group Name: TBD Group Name: TBD Group Online Link: TBD Group Online Link: TBD Guestroom Rate: $ 149.00 per night plus applicable Guestroom Rate: $129.00, or the prevailing taxes for a standard single or double Deluxe Village government per diem rate. View Room. Group Rate Available: TBD Group Rate Available: TBD Cancellation Policy: TBD Cancellation Policy: TBD

Reservation Cutoff Date: TBD Reservation Cutoff Date: TBD

August 2021 Commission Meeting 9 Commission Meeting Locations

November 3, 2022 February 16, 2023 The location will be announced at a later time. Orlando Marriott Lake Mary Contract under negotiation. 1501 International Parkway Lake Mary, FL 32749 Meeting Dates: October 31 – November 3, 2022 Front Desk: TBD Meeting Dates: February 13 – 16, 2023 Front Desk: 407-995-1100 FAX: TBD FAX: 407-995-1150 Reservation Telephone: TBD Guestroom Rate: $149.00 per night plus applicable Group Name: TBD taxes for a king or queen. The hotel will offer two days Group Online Link: TBD before/after meeting dates at the same group rate Guestroom Rate: TBD based on availability only. Group Rate Available: TBD Group Rate Available: February 13 – 18, 2022 Cancellation Policy: TBD Check-in time is 3:00 p.m. Check-out time is 12:00 p.m. Parking is Complimentary Reservation Cutoff Date: TBD Valet Parking is not available. Cancellation Policy: Cancellations made after 11:59 p.m. local time, two days before arrival, no shows, and no calls would acquire a one-day room fee, including taxes that will be charged to the guest’s credit card.

Reservation Cutoff Date: TBD

May 18, 2023 August 10, 2023 Wyndham Grand Jupiter at Harbourside Place Sawgrass Marriott 122 Soundings Avenue 1000 PGA Tour Boulevard Jupiter, FL 33477 Ponte Vedra Beach, FL 32082 Meeting Dates: May 15 – 18, 2023 Meeting Dates: August 7 – 10, 2023 Front Desk: TBD Front Desk: TBD FAX: TBD FAX: TBD Reservation Telephone: TBD Reservation Telephone: TBD Group Name: TBD Group Name: TBD Group Online Link: TBD Group Online Link: TBD Guestroom Rate: $ 149.00 per night plus applicable Guestroom Rate: TBD taxes for a standard single or double Deluxe Village View Room. Group Rate Available: $129.00, or the prevailing government per diem rate. Group Rate Available: TBD Cancellation Policy: TBD Cancellation Policy: TBD

Reservation Cutoff Date: TBD Reservation Cutoff Date: TBD

August 2021 Commission Meeting 10 Commission Meeting Locations 19-MEMBER CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION MEMBERSHIP

Secretary of the Department of Corrections Attorney General Regional Director Brian D. Riedl proxy for Officer George D. Lofton proxy for Secretary Mark Inch (Effective 2/2/2015) Attorney General Ashley Moody (Effective 1/30/2019) Florida Department of Corrections, Region 3 Office St. Petersburg Police Department 19225 U.S. Highway 27 1301 First Avenue, North Clermont, Florida 34715-9025 St. Petersburg, Florida 33705 Telephone Number: 352-989-9355 Telephone Number: 727-892-5990 Fax Number: 352-989-9113 E-mail: [email protected] E-mail: [email protected] Secretary/Assistant: None Secretary/Assistant: Tracy Smith, 352-989-9356 Term: Not applicable E-mail: [email protected] Term: Not applicable

Director of Florida Highway Patrol Colonel Gene Spaulding (Effective 8/21/2015) Florida Department of Highway Safety and Motor Vehicles Division of Florida Highway Patrol Neil Kirkman Building, Room A437 2900 Apalachee Parkway Tallahassee, Florida 32399-0500 Telephone Number: 850-617-2300 Fax Number: 850-617-5113 E-mail: [email protected] Secretary/Assistant: Elizabeth Denmark, 850-617-2309 E-mail: [email protected] Term: Not applicable

Sheriffs (3) Sheriff William “Bill” Prummell Sheriff Tommy Ford – Chairman Charlotte County Sheriff’s Office Bay County Sheriff’s Office 7474 Utilities Road 3421 North Highway 77 Punta Gorda, Florida 33982 Panama City, Florida 32405-5009 Telephone Number: 941-575-5211 Telephone Number: 850-248-2078 Fax Number: 941-205-5627 Fax Number: 850-784-0949 E-mail: [email protected] E-mail: [email protected] Secretary/Assistant: Jennifer Wireman, 941-575-5211 Secretary/Assistant: Theresa Anglin, 850-248-2078 E-mail: [email protected] E-mail: [email protected] Partial Term: 8/21/2015 – 8/1/2019 Partial Term: 4/13/2018 – 8/1/2018 First Term: 4/13/2018 – 8/1/2021 First Term: 8/23/2018 – 8/1/2022

Sheriff Michael A. Adkinson, Jr. Walton County Sheriff’s Office 752 Triple G Road Defuniak Springs, Florida 32433 Telephone Number: 850-892-8186 Fax Number: NA E-mail: [email protected] Secretary/Assistant: Jillian Demarest, 850-951-4705 E-mail: [email protected] First Term: 9/25/2020 – 8/1/2024

Commission Membership 1 Effective 6/25/2021

Chiefs of Police (3) Chief Michael A. Kessie Chief Jeffrey M. Pearson New College of Florida Police Department Satellite Beach Police Department 5800 Bay Shore Road 510 Cinnamon Drive Sarasota, Florida 34243 Satellite Beach, Florida 32937 Telephone Number: 941-487-4210 Telephone Number: 321-773-4400 Fax Number: 941-487-4799 Fax Number: 321-773-5414 E-mail: [email protected] E-mail: [email protected] Secretary/Assistant: Kelly Butler, 941-487-4209 Secretary/Assistant: Michele Nemschick, 321-773-4400 E-mail: [email protected] E-mail: [email protected] Partial Term: 6/18/2021 – 8/1/2024 Partial Term: 8/1/2016 – 8/1/2018 First Term: 8/23/2018 – 8/1/2022 Chief Melanie Bevan Bradenton Police Department 100 10th Street West Bradenton, Florida 34205 Telephone Number: 941-932-9333 Fax Number: 941-932-9393 E-mail: [email protected] Secretary/Assistant: Lisa Reeder, 941-932-9357 E-mail: [email protected] First Term: 9/25/2020 – 8/1/2023

Law Enforcement Officers (5) who are the Rank of Sergeant or Below Deputy Jennifer Sandman Sergeant Jacqueline Harrison Palm Beach County Sheriff’s Office Miami Dade Police Department / Professional Compliance Bureau 3228 Gun Club Road 18805 N.W. 27 Avenue West Palm Beach, Florida 33406 Miami Gardens, Florida 33054 Telephone Number: 561-355-6450 Telephone Number: 305-629-2588 E-mail: [email protected] Fax Number: 305-468-2556 Secretary/Assistant: None E-mail: [email protected] Partial Term: 7/8/2015 – 8/1/2017 Secretary/Assistant: None First Term: 4/13/2018 – 8/1/2021 First Term: 9/25/2020 – 8/25/2024

Range Master Christopher Nebbeling Master Police Officer Darla Lynn Portman West Palm Beach Police Department Tampa Police Department 600 Banyan Boulevard 411 Franklin Street, North West Palm Beach, Florida 33401 Tampa, Florida 33602 Telephone Number: 561-822-1899 Telephone Number: 813-228-8900 E-mail: [email protected] Fax Number: 813-223-3069 Secretary/Assistant: None E-mail: [email protected] First Term: 4/9/2021 – 8/1/2025 Secretary/Assistant: Ann Martinez, 813-228-8900 E-mail: [email protected] Partial Term: 9/25/2020 – 1/1/2021 First Term: 4/9/2021 – 1/1/2025

Officer Richard Murphy Tallahassee Police Department 234 East Seventh Avenue Tallahassee, Florida 32303 Telephone Number: 850-891-4200 Fax Number: 850-891-4627 E-mail: [email protected] First Term: 9/25/2020 – 8/1/2024

Commission Membership 2 Effective 6/25/2021

Correctional Officers (2) Administrator of a State Correctional Institution and a Sergeant or Lower Rank Warden Carol Casimir Vacant Florida Women’s Reception Center 3700 N.W. 111th Place Ocala, Florida 34482 Telephone Number: 352-840-7800 Fax Number: 352-402-6620 Email: [email protected] Secretary/Assistant: April Whipple, 352-840-7802 Email: [email protected] First Term: 9/25/2020 – 8/1/2023 Training Center Director County Correctional Institution Head Director Charles McIntosh Chief Michael L. Allen – Vice Chairman College of Central Florida Polk County Sheriff’s Office 3001 S.W. College Road Department of Detention Ocala, Florida 34482 1891 Jim Keene Boulevard Telephone Number: 352-854-2322, ext. 1360 Winter Haven, Florida 33880-8010 Fax Number: 352-873-5862 Telephone Number: 863-298-6331 Email: [email protected] Fax Number: 863-534-6672 Secretary/Assistant: Susan Murphy, 352-854-2322, ext. 1356 Email: [email protected] Email: [email protected] Secretary/Assistant: Christy Wood, 863-534-6303 First Term: 9/25/2020 – 8/1/2024 E-mail: [email protected] Partial Term: 7/8/2015 – 8/1/2015 First Term: 8/21/2015 – 8/1/2019 Second Term: 9/25/2020 – 8/1/2023 State Resident Commission Attorney James D. Sewell Statewide Prosecutor Nick Cox 301 2nd Street North, #4 Office of the Attorney General St. Petersburg, Florida 33701 3507 E. Frontage Road, Suite 325 Telephone Number: 727-821-5014 Tampa, Florida 33607 E-mail: [email protected] Telephone Number: 813-287-7960 Secretary/Assistant: None Fax Number: 813-281-5515 Partial Term: 6/18/2021 – 8/1/2021 E-mail: [email protected] Executive Assistant/Office Manager: Beth Decker (813-287-7950) E-mail: [email protected]

Office of the Attorney General (Alternates) PL-01, The Capitol Building Tallahassee, Florida 32399-1050 Sr. Asst. Attorney General David Flynn, 850-414-3749 E-mail: [email protected] Chief Asst. Attorney General Edward A. Tellechea, 850-414-3754 E-mail: [email protected] Criminal Justice Professionalism Management FDLE Counsel Director Dean Register 850-410-8611 Assistant General Counsel Christopher Bufano 850-410-7681 Deputy Director Vickie Koenig 850-410-8629 Assistant General Counsel Natalie Pueschel 850-410-8717 Bureau Chief Ashley Pennington 850-410-8673 Assistant General Counsel Janelle Surace 850-410-7744 Bureau of Training Bureau Chief Glen Hopkins 850-410-8660 Florida Department of Law Enforcement Bureau of Standards Office of Executive Director 2331 Phillips Road Bureau Chief Chris Johnson 850-410-7800 Tallahassee, Florida 32308 Bureau of Professional Development Florida Department of Law Enforcement Alternate Mailing Address: Criminal Justice Professionalism Post Office Box 1489 2331 Phillips Road Tallahassee, Florida 32302-1489 Tallahassee, Florida 32308

Commission Membership 3 Effective 6/25/2021 Criminal Justice Standards and Training Commission

MINUTES OF THE MAY 6, 2021 COMMISSION MEETING VIA VIRTUAL GOTOMEETING Chair Tommy Ford called the Criminal Justice Standards and Training Commission meeting to order on May 6, 2021, held at the Wyndham Grand Jupiter at Harbourside Place in Jupiter, Florida.

OFFICERS KILLED IN THE LINE OF DUTY The Commission paused for a moment of silence in memory of the following fallen officers: Deputy Sheriff Michael Magli of the Pinellas County Sheriff's Office; Police Officer Horacio Dominguez of the Miccosukee Tribal Police Department; Master Patrol Officer Jesse Madsen of the Tampa Police Department; Police Officer Kevin Valencia of the Orlando Police Department; Correctional Officer Juan Llanes of the Miami-Dade County Department of Corrections and Rehabilitation; Sergeant Shane Owens of the Broward County Sheriff's Office; and Deputy Sheriff Carlos Hernandez of the Palm Beach County Sheriff's Office.

PLEDGE OF ALLEGIANCE, INVOCATION AND SPECIAL THANKS

Chair Ford recognized Chief David England of the Jupiter Police Department, seated in the audience, as well as members of the Officer Discipline Class, the Florida Sheriffs Association, Florida Police Chiefs Association, Fraternal Order of Police, and Police Benevolent Association. Chair Ford also welcomed newly-appointed Commissioner Christopher Nebbeling of the West Palm Beach Police Department. In addition, Chair Ford thanked the following individuals for participating in the Commission’s meeting activities: Trooper Jean Aime, Corporal William Leon, Trooper Kyle Oporto, Corporal Dailyn Rodriguez, and Trooper Megan Stiles of the Florida Highway Patrol for providing security; Jupiter Police Department Honor Guard for presenting the colors; Director Joseph Tata of the Palm Beach State College, Criminal Justice Institute, for leading the audience in the pledge of allegiance; and Chaplain Robert Volpe of the Jupiter Police Department for giving the invocation.

BUSINESS MEETING AGENDA

COMMISSION MEMBERS PRESENT OR ABSENT

The roll was called and the following 15 Commission members represented a quorum: 1. Sheriff Tommy Ford, Chair 2. Chief Michael L. Allen, Vice-Chair Bay County Sheriff’s Office Department of Detention, Polk County Sheriff’s Office 3421 North Highway 77, Panama City, FL 32405-5009 1891 Jim Keene Boulevard, Winter Haven, FL 33880-8010 Telephone: 850-248-2078 Telephone: 863-534-6310

3. Regional Director Brian D. Riedl, proxy for 4. Officer George D. Lofton, proxy for Attorney Secretary Mark Inch General Ashley Moody Florida Department of Corrections St. Petersburg Police Department 501 Calhoun St., Tallahassee, FL 32399-2500 1300 First Avenue, North; St. Petersburg, Florida 33705 Telephone: 850-717-3037 Telephone: 727-892-5990 5. Sheriff William “Bill” Prummell 6. Chief Jeffrey M. Pearson (Absent) Charlotte County Sheriff’s Office Satellite Beach Police Department 7474 Utilities Road, Punta Gorda, Florida 33982 510 Cinnamon Drive, Satellite Beach, FL 32937 Telephone: 941-575-5211 Telephone: 321-773-4400 7. Sheriff Michael A. Adkinson, Jr. 8. Sergeant Jennifer Sandman Walton County Sheriff’s Office Palm Beach County Sheriff’s Office 752 Triple G Road Defuniak Springs, Florida 32433 3228 Gun Club Road, West Palm Beach, FL 33406 Telephone: 850-892-8186 Telephone: 561 688-3000

Pending Commission approval during the 1 May 2021 Minutes August 2021 Commission Meeting 9. Colonel Gene Spaulding 10. Sergeant Jacqueline Harrison Florida Department of Highway Safety and Motor Vehicles Miami Dade Police Department Division of Florida Highway Patrol Professional Compliance Bureau Neil Kirkman Building, Room A437 18805 N.W. 27 Avenue, Miami Gardens, Florida 33054 2900 Apalachee Parkway, Tallahassee, Florida 32399-0500 Telephone: 305-629-2588 Telephone: 850-617-2300

11. Officer Richard Murphy 12. Chief Melanie Bevan Tallahassee Police Department Bradenton Police Department 234 East Seventh Avenue, Tallahassee, Florida 32303 100 10th Street West, Bradenton, Florida 34205 Telephone: 850-891-4200 Telephone: 941-932-9333

13. Master Police Officer Darla Lynn Portman 14. Director Charles McIntosh City of Tampa Police Department College of Central Florida 411 Franklin Street, North; Tampa, Florida 33602 3001 S.W. College Road, Ocala, Florida 34482 Telephone: 813-228-8900 Telephone: 352-854-2322, ext. 1360

15. Warden Carol Casimir 16. Range Master Christopher Nebbeling Florida Women’s Reception Center West Palm Beach Police Department 3700 N.W. 111th Place, Ocala, Florida 34482 600 Banyan Boulevard, West Palm Beach, Florida 33401 Telephone: 352-840-7800 Telephone: 561-822-1899

Commission Attorney Statewide Prosecutor Nick Cox Office of the Attorney General 3507 E. Frontage Road, Suite 325, Tampa, Florida 33607 Telephone: 813-287-7960

SUNSHINE LAW

Commission Attorney Nick Cox stated that the Sunshine Law applies to these agenda items and Commission members shall not have conversations with another Commission member or in the presence of another Commission member about the agenda items currently pending before the Commission. Commission members may discuss the agenda items with another Commission member during the Commission meeting and may have conversations with Commission staff and other individuals about the agenda items prior to the Commission meeting.

APPROVAL OF THE MAY 2021 COMMISSION MEETING AGENDA Chair Ford asked if there were any amendments to the May 2021 Commission meeting agenda. Training and Research Manager Terry Baker advised that the following items were submitted to Commission staff: • Amended MEETING SCHEDULE to include the confirmed meeting room assignments and change the “New” Training Center Director’s Orientation to begin at 5:00 p.m. instead of 4:00 p.m. • Amended MEETING SCHEDULE to include the confirmed meeting room assignments. • Amended AGENDA ITEM 2A: Criminal Justice Standards and Training Trust Fund Revenue Report for Fiscal Year 2020 – 2021. • Amended CJSTC Membership Listing. • Amended OFFICERS KILLED IN THE LINE OF DUTY to include Deputy Sheriff Carlos Hernandez of the Palm Beach County Sheriff's Office.

Pending Commission approval during the 2 May 2021 Minutes August 2021 Commission Meeting • Addendum for AGENDA ITEM 6G: Petition for a Permanent Waiver of Rule 11B-27.00213(4)(b), F.A.C., by Nicole Sauvey. RECOMMENDATION: Chair Ford requested a motion to approve the amended May 2021 agenda. COMMISSION ACTION: Commissioner Spaulding moved that the Commission approve the amended agenda; seconded by Commissioner Riedl; motion carried.

APPROVAL OF THE FEBRUARY 2021 COMMISSION MEETING MINUTES

Chair Ford asked if there were amendments to the February 2021 Commission meeting minutes. Training and Research Manager Terry Baker stated there were no amendments. RECOMMENDATION: Chair Ford requested a motion to approve the February 2021 Commission meeting minutes. COMMISSION ACTION: Commissioner Prummell moved that the Commission approve the minutes; seconded by Commissioner Allen; motion carried.

TRAINING CENTER DIRECTORS ASSOCIATION REMARKS

The TCDA Chair Jay Romine of the Manatee Technical College, Criminal Justice Academy, provided the following report from the May 2021 business meeting: • Introduction of New Director: Captain Brian Bosco of the Volusia County Sheriff’s Training Academy. • Election of Officers: Director Theresa Garcia of the Polk State College, Kenneth C. Thompson Institute of Public Safety, was elected South Chair; Director Sandy Hotwagner of the Suncoast Technical College, Criminal Justice Academy, was re-elected TCDA treasurer; and Director Romine was re-elected TCDA chair. Chair Ford congratulated Chair Romine on his re-election. • Congratulations were extended to Director E. E. Eunice of the Tallahassee Community College, Florida Public Safety Institute, Pat Thomas Law Enforcement Academy, on his upcoming retirement. Chair Romine also acknowledged Director Eunice’s 55 years of dedicated service in law enforcement and wished him well in future endeavors. • The 2021 Chairman’s Choice Award was presented to Director Nicole Taylor of the Florida Department of Corrections, Staff Development and Training, for her untiring work and willingness to say “yes” when called upon to serve the TCDA. • As reported during the February 2021 Commission meeting, the proposed legislation to authorize retirees of the Florida Retirement System (FRS) to be reemployed under certain circumstances has failed over the past five years. As a result, the TCDA has continued to lose quality instructors when they retire from training centers and have to take a year off before re-enrolling in FRS. Senator Tom Wright (District 14) has pledged to support the ongoing efforts of the TCDA. Chair Romine is hopeful that Senator Wright’s support will be instrumental in passing the proposed legislation during the next Legislative Session.

AGENDA ITEM 1: CRIMINAL JUSTICE PROFESSIONALISM UPDATES

Director Dean Register of the Criminal Justice Professionalism (CJP) Division reported the following: • Research & Training Specialist Ashley Williams, seated in the audience, was introduced as the new case specialist within the Bureau of Standards (Professional Compliance). • Vickie Koenig was recently promoted to Deputy Director of the CJP Division. On behalf of the Commission, Director Register congratulated Deputy Director Koenig.

Pending Commission approval during the 3 May 2021 Minutes August 2021 Commission Meeting • The Legislative Session concluded on April 30, 2021. Significant items of interest to the Commission include the following: 1) FDLE requested and received $6.4 million in General Revenue to support the Trust Fund and maintain $80 per officer for advanced and specialized training. 2) The Law Enforcement Reform Bill passed. Director Register indicated that it should not have significant impact, as the FDLE/CJSTC is already doing a lot of what is outlined in the bill. 3) The bill requiring de-escalation training did not pass; however, during this Commission meeting, Bureau Chief Ashley Pennington will present and request Commission approval of the new 16-hour Specialized Training Course: De-escalation Techniques for Criminal Justice Professionals, course 1411. 4) During the Legislative Session, there were several bills that would have required the Commission to write model policy. Director Register stated that this would be a departure of the role of the Commission. • Last year’s 2020 Hall of Fame induction ceremony was postponed due to the COVID pandemic. The upcoming Florida Law Enforcement Officers’ Hall of Fame induction ceremony will be held at 10:00 a.m. on Saturday, May 15, 2021, in the Florida Capitol Courtyard. The ceremony will honor 10 inductees for both 2020 and 2021. Director Register recognized Director Jay Romine as one of the 2020 inductees. • The Medical Examiners Commission meeting will be held on May 7, 2021, at the same venue, the Wyndham Grand Jupiter at Harbourside Place. • Recently, Attorney General Ashley Moody appointed Statewide Prosecutor Nick Cox to serve as a Commission member on the Medical Examiners Commission. Director Register expressed appreciation to Mr. Cox for his years of service to the Commission and the criminal justice community. COMMISSION ACTION: This agenda item did not require Commission action.

AGENDA ITEM 2A (Amended 4/16/2021): CJS&T TRUST FUND REVENUE REPORT FOR FISCAL YEAR 2020 – 2021

Bureau Chief Hopkins presented this agenda item and provided the following trust fund revenue update. • The Fiscal Year 2020 – 2021 operating budget is $17.2 million, and the revenue for July 2020 through March 2021, totaled $4.8 million (excluding examination and tuition fees). • The average monthly revenues decreased significantly when compared to Fiscal Year 2019 – 2020. For the first three quarters of Fiscal Year 2020 – 2021, revenues were $1,208,231 (or -20.06%) below what they were for the same period in Fiscal Year 2019 – 2020. • The operating budget for officer training in Fiscal Year 2020 – 2021 totals $6.3 million and provides $80 for training each of Florida’s 79,029 officers. • Disbursements through the third quarter of Fiscal Year 2020 – 2021 total $4,741,740. There is an imposed 6% hold-back on funds for disbursement. Each quarter, staff has requested and received the full disbursement of officer training funds. • The July 1, 2020 beginning cash balance was $6.9 million and the cash balance on March 31, 2021, was $6.4 million, after meeting all obligations. COMMISSION ACTION: This agenda item did not require Commission action.

Pending Commission approval during the 4 May 2021 Minutes August 2021 Commission Meeting AGENDA ITEM 2B: CRIMINAL JUSTICE STANDARDS AND TRAINING TRUST FUND OFFICER TRAINING MONIES: TRUST FUND AUDIT RECOMMENDATIONS FOR FISCAL YEAR 2019 – 2020 FOR REGIONS I, II, VI, VII, IX, AND XV

Bureau Chief Glen Hopkins presented this agenda item to the Commission to request approval for the final audit recommendations for Fiscal Year 2019 – 2020 for Regions I, II, VI, VII, IX, and XV. The audits are only included in the Commission and Commission staff’s packets. Section 943.25(4), F.S., requires that the Commission establish, implement, supervise, and evaluate the expenditures of the Criminal Justice Standards and Training Trust Fund for Commission-approved advanced and specialized training program courses. Rule 11B-18.010, F.A.C., requires that the Commission audit any training facility or program and fiscal agent’s accounting records and procedures for compliance with laws, rules, budget provisions, and contractual agreements. The following Perfect Audits were acknowledged: Region I – George Stone Technical College, Criminal Justice Training Center; Region II – Chipola College, Criminal Justice Training Center; Florida Panhandle Technical College, Public Safety Institute; Gulf Coast State College, Criminal Justice Training Academy, Division of Public Safety; Region VI – College of Central Florida, Criminal Justice Institute; Region VII – Eastern Florida State College, Public Safety Institute; Seminole State College, Center for Public Safety; Valencia College, Criminal Justice Institute; Region IX – Manatee Technical College, Criminal Justice Academy; Pasco-Hernando State College, Public Service Technology Center; and Region XV – Florida Fish and Wildlife Conservation Commission, Law Enforcement Training Center; Florida Department of Law Enforcement, Bureau of Professional Development. RECOMMENDATION: Commission staff recommended the Commission approve the audit findings and recommended corrective actions for Fiscal Year 2019 – 2020 for Regions I, II, VI, VII, IX, and XV as presented to the Commission. COMMISSION ACTION: Commissioner Harrison moved that the Commission adopt staff’s recommendation; seconded by Commissioner McIntosh; motion carried.

AGENDA ITEM 2C: CRIMINAL JUSTICE STANDARDS AND TRAINING TRUST FUND OFFICER TRAINING MONIES: OPERATING BUDGET REQUESTS FOR FISCAL YEAR 2021 – 2022

Bureau Chief Glen Hopkins presented this agenda item to inform the Commission about the Fiscal Year 2021 – 2022 Operating Budget Requests. 1. Section 11B-18.0052, F.A.C., requires the Criminal Justice Professionalism Division to notify the Regional Training Councils of the projected allocation of officer training monies by July 1 of each year. 2. The proposed distribution of the $6,439,200.00 allocation is determined by the total regional officer count of 80,490 at the rate of $80.00 per officer. Each Commission-certified criminal justice training school submits a budget request to their Regional Training Council for approval and the Regional Chairpersons forward the respective region's budget(s) to Commission staff for review and approval. 3. Operating Budget Requests. A. All budgets shall comply with the following Officer Training Monies Expenditure Formula: • Administrative Category - No more than 5% • Training Category - No less than 80% • Operating Capital Outlay Category - No more than 15% B. Details for the Fiscal Year 2021 – 2022 Operating Budget Requests begin on page 2. These budgets have been reviewed and approved by Commission staff.

Pending Commission approval during the 5 May 2021 Minutes August 2021 Commission Meeting C. The following is a summary of the Operating Budget Requests for Fiscal Year 2021 – 2022: • Region I $174,240.00 Region IX $646,960.00 • Region II $76,720.00 Region X $350,400.00 • Region III $118,720.00 Region XI $156,400.00 • Region IV $148,320.00 Region XII $325,440.00 • Region V $337,120.00 Region XIII $440,960.00 • Region VI $141,200.00 Region XIV $795,280.00 • Region VII $799,280.00 Region XV $296,800.00 • Region VIII $160,720.00 Region XVI $1,470,640.00 RECOMMENDATION: Commission staff recommended the Commission approve the allocation of officer training monies for the Fiscal Year 2021 – 2022 Operating Budget Requests. COMMISSION ACTION: Discussion was held, and Commissioner Riedl moved that the Commission adopt staff’s recommendation; seconded by Commissioner Casimir; motion carried.

AGENDA ITEM 3: 2020 CRIMINAL JUSTICE AGENCY PROFILE (CJAP) REPORT

Bureau Chief Glen Hopkins presented this agenda item to the Commission to request approval of the 2020 CJAP Report. Section 943.18, F.S., requires that the Criminal Justice Standards and Training Commission, “...make a comprehensive study of the compensation and benefits paid to law enforcement and correctional officers throughout the state...,” to include factors upon which compensation is based. This report is intended for use by law enforcement and correctional agencies, as well as local and state governments, as a tool to evaluate the sufficiency of compensation paid to criminal justice personnel throughout Florida. 1. The 2020 CJAP Report contains information on officer demographics, compensation, benefits, training programs, and specialized units. The report is available on the FDLE internet site (www.fdle.state.fl.us). From the home page select “Quick Links”. The Criminal Justice Agency Profile Report is listed alphabetically in the list of links. 2. The 2020 CJAP Report is separated by disciplines for a comparison of compensation and benefits of responding agencies. The data was collected from surveys distributed to the agency heads of all state, county, and city law enforcement and correctional agencies, and is based on the minimum compensation for entry-level officers. 3. A list of the survey data elements collected and reported in the 2020 CJAP Report is on page 2 of the issue page. RECOMMENDATION: Commission staff recommended that the Commission approve the 2020 CJAP Report. The 2020 CJAP survey results will be placed on the FDLE website and available to criminal justice agencies and the public. COMMISSION ACTION: Commissioner Sandman moved that the Commission adopt staff’s recommendation; seconded by Commissioner Harrison; motion carried.

AGENDA ITEM 4: FLORIDA CRIMINAL JUSTICE EXECUTIVE INSTITUTE (FCJEI) POLICY BOARD MEMBERSHIP

Bureau Chief Chris Johnson presented this agenda item to the Commission to request approval for the appointment of Chief Tracy Frazzano to the Florida Criminal Justice Executive Institute Policy Board. Section 943.1755(3), F.S., requires that persons, “shall be nominated by the entities and shall become members of the board upon approval of the Criminal Justice Standards and Training Commission. Members appointed under this paragraph shall serve 2- year terms.” President Jeff Pearson of the Florida Police Chiefs Association has made the recommendation to the FCJEI Policy Board for the appointment of Chief Tracy Frazzano of the Marco Island Police Department. RECOMMENDATION: Commission staff recommended the Commission adopt the Florida Police Chiefs’ Association recommendation to appoint Chief Tracy Frazzano to the FCJEI Policy Board, effective May 6, 2021. COMMISSION ACTION: Commissioner Spaulding moved that the Commission adopt Commission staff’s recommendation; seconded by Commissioner Bevan; motion carried. Pending Commission approval during the 6 May 2021 Minutes August 2021 Commission Meeting AGENDA ITEM 5A: OFFICER TRAINING; ADVANCED TRAINING PROGRAM: LINE SUPERVISION, COURSE NUMBER 006 (UPDATE)

Bureau Chief Ashley Pennington presented this agenda item to the Commission to request approval of the updated Line Supervision, course number 006. 1. The Commission is responsible for maintaining Advanced Training Program Courses for Commission-certified law enforcement, correctional, and correctional probation officers. Courses in the Advanced Training Program are eligible for salary incentive monies, or may be delivered using Criminal Justice Standards and Training Officer Training Trust Fund Monies. 2. The advanced course number 006, Line Supervision, was developed in 1985 in support of career development training. This high-demand course was last revised in 2009. 3. Using the existing course as the foundation, subject matter experts expanded the research base and incorporated current leadership theory. The course includes several instruments that equip learners to self- assess characteristics that influence leadership styles. Updated best practices with examples and exercises enable learners to participate in leadership activities while building critical thinking skills. As a result, the course is more firmly rooted in research and applies lessons learned from real-life situations. RECOMMENDATION: Commission staff recommended the Commission approve the updated 80-hour Line Supervision, course number 006, in the Advanced Training Program, with an effective date of May 14, 2021. COMMISSION ACTION: Commissioner Allen moved that the Commission adopt Commission staff’s recommendation; seconded by Commissioner Sandman; motion carried.

AGENDA ITEM 5B: OFFICER TRAINING; SPECIALIZED TRAINING PROGRAM: DE-ESCALATION TECHNIQUES FOR CRIMINAL JUSTICE PROFESSIONALS, COURSE NUMBER 1411

Bureau Chief Ashley Pennington presented this agenda item to the Commission to request approval of the Specialized Training Program: De-escalation Techniques for Criminal Justice Professionals, course number 1411, and its corresponding instructor guide. 1. The Commission is responsible for maintaining Specialized Training Program Courses for Commission-certified law enforcement, correctional, and correctional probation officers. Courses in the Specialized Training Program may be delivered using Criminal Justice Standards and Training Officer Training Trust Fund Monies. 2. Due to recent discussions of police reform and requests received for additional training, Commission staff started development on a Specialized course focused solely on de- escalation. Staff originally planned to create a course that would be eight hours in duration and would be delivered to the Commission for approval in February 2021. However, once staff began workshops with subject matter experts (SMEs), it became clear that more content was needed and that an eight-hour course would not be sufficient. The goal of staff was shifted to create a sixteen-hour course and present it to the Commission in May of 2021. 3. Staff has reviewed the established literature and current trainings being delivered around the nation to ensure that this course will contain evidence-based instruction on de-escalation techniques, as well as survey data from Florida. Staff drafted content and held virtual workshops with SMEs. Based on their input, staff created a second draft of the course, including real-world scenarios that give students an opportunity to practice the techniques they learn. The second draft was reviewed by the SMEs, staff editors, and staff’s Office of General Counsel. RECOMMENDATION: Commission staff recommended the Commission approve the Specialized Training Program: De-escalation Techniques for Criminal Justice Professionals, course number 1411, and its corresponding instructor guide. COMMISSION ACTION: Commissioner Prummell moved that the Commission adopt Commission staff’s recommendation; seconded by Commissioner Portman; motion carried. Pending Commission approval during the 7 May 2021 Minutes August 2021 Commission Meeting Chair Ford advised Bureau Chief Pennington that he was very impressed with the de-escalation training and extended thanks to her, Commission staff, and SMEs for developing such a timely topic that he feels will be well-received by all.

Note: FDLE Assistant General Counsel Chris Bufano presented seven (7) waivers to the Commission and of that number, Commission staff recommended approval of two (2) waivers and denial of five (5). The Commission adopted staff’s recommendations. The following cases are transcribed in the order the cases were presented by FDLE Counsel:

AGENDA ITEM 6A: REQUEST FOR VARIANCE OR WAIVER: PETITION FOR A PERMANENT WAIVER OF RULE 11B-27.00213(4), F.A.C., BY BRUCE PIERRE Assistant General Counsel Chris Bufano presented this agenda item to the Commission by Bruce Pierre to request a permanent waiver of Rule 11B-27.00213(4), F.A.C. Mr. Pierre was present. RECOMMENDATION: Commission staff recommended that the Commission DENY the petition for a permanent waiver of Rule 11B-27.00213(4), F.A.C. COMMISSION ACTION: Discussion was held, and Commissioner Riedl moved that the Commission adopt staff’s recommendation; seconded by Commissioner McIntosh; motion carried.

AGENDA ITEM 6B: REQUEST FOR VARIANCE OR WAIVER: PETITION FOR A PERMANENT WAIVER OF RULE 11B-27.00213(4)(b), F.A.C., BY THOMAS RANDLE

Assistant General Counsel Chris Bufano presented this agenda item to the Commission by Thomas Randle to request a permanent waiver of Rule 11B-27.00213(4)(b), F.A.C. Mr. Randle was not present. RECOMMENDATION: Commission staff initially recommended that the Commission GRANT the petition for a permanent waiver of Rule 11B-27.00213(4)(b), F.A.C.; however, after the Department of Corrections submitted correspondence to express its lack of support, staff amended the request and recommended that the Commission DENY the petition. COMMISSION ACTION: Discussion was held, and Commissioner Sandman moved that the Commission adopt staff’s recommendation; seconded by Commissioner Casimir; motion carried.

AGENDA ITEM 6C: REQUEST FOR VARIANCE OR WAIVER: REQUEST FOR A PERMANENT WAIVER OF RULE 11B-27.002(4)(a), F.A.C., BY HERMAN DOUGLAS Assistant General Counsel Chris Bufano presented this agenda item to the Commission by Herman Douglas to request a permanent waiver of Rule 11B-27.002(4)(a), F.A.C. Mr. Douglas was not present. RECOMMENDATION: Commission staff recommended that the Commission DENY the petition for a permanent waiver of Rule 11B-27.002(4)(a), F.A.C. COMMISSION ACTION: Discussion was held, and Commissioner Nebbeling moved that the Commission adopt staff’s recommendation; seconded by Commissioner Lofton; motion carried. Note: Commissioner Harrison recused herself.

Pending Commission approval during the 8 May 2021 Minutes August 2021 Commission Meeting AGENDA ITEM 6D: REQUEST FOR VARIANCE OR WAIVER: PETITION FOR A PERMANENT WAIVER OF RULE 11B-27.002(4)(a), F.A.C., BY JAMESLY LOUIS-JEAN

Assistant General Counsel Chris Bufano presented this agenda item to the Commission by Jamesly Louis-Jean to request a permanent waiver of Rule 11B-27.002(4)(a), F.A.C. Mr. Louis-Jean was not present. RECOMMENDATION: Commission staff recommended that the Commission DENY the petition for a permanent waiver of Rule 11B-27.002(4)(a), F.A.C. COMMISSION ACTION: Discussion was held, and Commissioner Portman moved that the Commission adopt staff’s recommendation; seconded by Commissioner Bevan; motion carried.

AGENDA ITEM 6E: REQUEST FOR VARIANCE OR WAIVER: PETITION FOR A PERMANENT WAIVER OF RULE 11B-27.002(4)(a)-(b), F.A.C., BY AMIRA ESPAT

Assistant General Counsel Chris Bufano presented this agenda item to the Commission by Amira Espat to request a permanent waiver of Rule 11B-27.002(4)(a)-(b), F.A.C. Ms. Espat and Mary Ann Salazar (Orange County Sheriff’s Office) were present and sworn in. RECOMMENDATION: Commission staff recommended that the Commission GRANT the petition for a permanent waiver of Rule 11B-27.002(4)(a)-(b), F.A.C. COMMISSION ACTION: Discussion was held, and Commissioner Portman moved that the Commission adopt staff’s recommendation; seconded by Commissioner Prummell; motion carried.

AGENDA ITEM 6F: REQUEST FOR VARIANCE OR WAIVER: PETITION FOR A PERMANENT WAIVER OF RULE 11B-35.0024(2)(a), F.A.C., BY DIRECTOR WENDY MORSE OF THE INDIAN RIVER STATE COLLEGE, CRIMINAL JUSTICE INSTITUTE, ON BEHALF OF ASHLEIGH FINLETTER

Assistant General Counsel Chris Bufano presented this agenda item to the Commission by Director Wendy Morse of the Indian River State College, Criminal Justice Institute, to request a permanent waiver of Rule 11B-35.0024(2)(a), F.A.C., on behalf of Ashleigh Finletter. Director Morse was not present. RECOMMENDATION: Commission staff recommended that the Commission GRANT the petition for a permanent waiver of Rule 11B-35.0024(2)(a), F.A.C. COMMISSION ACTION: Discussion was held, and Commissioner McIntosh moved that the Commission adopt staff’s recommendation; seconded by Commissioner Lofton; motion carried.

AGENDA ITEM 6G (Addendum 4/26/2021): REQUEST FOR VARIANCE OR WAIVER: PETITION FOR A PERMANENT WAIVER OF RULE 11B-27.00213(4)(b), F.A.C., BY NICOLE SAUVEY

Assistant General Counsel Chris Bufano presented this agenda item to the Commission by Nicole Sauvey to request a permanent waiver of Rule 11B-27.00213(4)(b), F.A.C. Ms. Sauvey was not present. RECOMMENDATION: Commission staff initially recommended that the Commission GRANT the petition for a permanent waiver of Rule 11B-27.00213(4)(b), F.A.C.; however, after the Department of Corrections submitted correspondence to express its lack of support, staff amended the request and recommended that the Commission DENY the petition. COMMISSION ACTION: Discussion was held, and Commissioner Casimir moved that the Commission adopt staff’s recommendation; seconded by Commissioner Lofton; motion carried.

Pending Commission approval during the 9 May 2021 Minutes August 2021 Commission Meeting AGENDA ITEM 7 (Amended 3/31/2021): ARBITRATION RULE DISCUSSION; POTENTIAL RULE CHANGE RELATED TO THE COMMISSION’S AUTHORITY IN CASES WHERE AN ARBITRATOR OVERTURNED THE AGENCY FINDINGS PURSUANT RULE 11B-27.004(10), F.A.C.

Assistant General Counsel Chris Bufano presented this agenda item to the Commission for a final vote on proposals related to Commission Rule 11B-27.004, F.A.C., which currently states: (10)(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.

The proposed change to Rule 11B-27.004, F.A.C. – Probable Cause Determination, states: (10)(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.

RECOMMENDATION: Commission staff recommended that the Commission vote to either adopt the proposed language above from the 2019 Officer Discipline Penalty Guidelines Task Force, or reject the proposed language and make no change to the rule. COMMISSION ACTION: Discussion was held, and Commissioner Lofton moved that the Commission reject the proposed language and make no change to the rule; seconded by Commissioner Spaulding; motion carried.

Note: The following individuals were present to offer comments regarding the arbitration issue: 1) John Kazanjian – President, Police Benevolent Association (PBA) and West Palm Beach PBA 2) Michael Braverman – General Counsel, Broward County PBA and Special Labor Counsel for the PBA 3) John Rivera – PBA and former Commission member 4) Ernie George – PBA and former Commission member 5) Nick Marolda – President, West Central PBA and former Commission member 6) Mick McHale – Former Task Force and Commission member 7) Paul Daragjati – General Counsel, Fraternal Order of Police (FOP) 8) George Hachigian – Director of Labor Services for FOP Lodge 86 in Orlando 9) Wayne Evans – General Counsel, Florida Sheriffs Association 10) Andrew Axelrad – General Counsel, South Florida PBA

Pending Commission approval during the 10 May 2021 Minutes August 2021 Commission Meeting UNAGENDAED ITEMS

Bureau Chief Glen Hopkins reported on the following items: • The 2021 – 2022 proposed rule package was presented to the TCDA and will be presented to the Commission during the August 2021 Commission meeting. A workshop is typically held to discuss the proposed rules; however, based on the proposed changes, there are no plans to hold a workshop because Commission staff will be able to cover the rule discussion during the business meeting. • The new CJSTC rules will become effective on May 20, 2021. Commission staff will craft and distribute a technical memorandum outlining a summary of substantive changes. • During the February 2021 Commission meeting, Volusia County Sheriff’s Office was granted approval for certification as a training school. Recently, Commission staff received a request from Hernando County Sheriff’s Office to be certified as a Commission-approved training school. Later this month, staff will schedule a training needs assessment. It is anticipated that staff will present the request to the Commission during the August 2021 meeting in Ponte Vedra Beach. • An update was provided on two TCDA-related waivers that currently extend until August 13, 2021. The first waiver deals with the Defensive Tactics Instructor Update Course. To date, approximately 800 instructors still need to take the course. The training centers are making progress to ensure they are trained. The second waiver continues to allow for distance learning as a platform for basic recruit academy programs. Since COVID restrictions are being lifted to some degree, staff does not have any intentions of extending the waiver again, but will continue to work with the Training Center Directors to make sure that their needs are met. Chair Ford addressed the Governor’s Executive Order, effective July 1, 2021, and asked the Commission’s opinion regarding the suspension of hybrid/virtual Commission proceedings. In light of agencies and entities resuming in- person operations and services, the Commission agreed to hold future Probable Cause/Officer Discipline Hearings and Commission meetings face-to-face.

GOTOMEETING ADJOURNED Chair Ford requested a motion, and Commissioner Spaulding moved to adjourn the GoToMeeting at 10:36 a.m.; seconded by Commissioner Murphy; motion carried. Note: The Commission reconvened at 10:50 a.m. for the CJSTC Officer Disciplinary Hearings.

Pending Commission approval during the 11 May 2021 Minutes August 2021 Commission Meeting DISCIPLINARY AGENDA

COMMISSION MEMBERS PRESENT OR ABSENT

The roll was called and the following 15 Commission members represented a quorum: 1. Sheriff Tommy Ford, Chair 2. Chief Michael L. Allen, Vice-Chair Bay County Sheriff’s Office Department of Detention, Polk County Sheriff’s Office 3421 North Highway 77, Panama City, FL 32405-5009 1891 Jim Keene Boulevard, Winter Haven, FL 33880-8010 Telephone: 850-248-2078 Telephone: 863-534-6310

3. Regional Director Brian D. Riedl, proxy for 4. Officer George D. Lofton, proxy for Attorney Secretary Mark Inch General Ashley Moody Florida Department of Corrections St. Petersburg Police Department 501 Calhoun St., Tallahassee, FL 32399-2500 1300 First Avenue, North; St. Petersburg, Florida 33705 Telephone: 850-717-3037 Telephone: 727-892-5990 5. Sheriff William “Bill” Prummell 6. Chief Jeffrey M. Pearson (Absent) Charlotte County Sheriff’s Office Satellite Beach Police Department 7474 Utilities Road, Punta Gorda, Florida 33982 510 Cinnamon Drive, Satellite Beach, FL 32937 Telephone: 941-575-5211 Telephone: 321-773-4400 7. Sheriff Michael A. Adkinson, Jr. 8. Sergeant Jennifer Sandman Walton County Sheriff’s Office Palm Beach County Sheriff’s Office 752 Triple G Road Defuniak Springs, Florida 32433 3228 Gun Club Road, West Palm Beach, FL 33406 Telephone: 850-892-8186 Telephone: 561 688-3000 9. Colonel Gene Spaulding 10. Sergeant Jacqueline Harrison Florida Department of Highway Safety and Motor Vehicles Miami Dade Police Department Division of Florida Highway Patrol Professional Compliance Bureau Neil Kirkman Building, Room A437 18805 N.W. 27 Avenue, Miami Gardens, Florida 33054 2900 Apalachee Parkway, Tallahassee, Florida 32399-0500 Telephone: 305-629-2588 Telephone: 850-617-2300

11. Officer Richard Murphy 12. Chief Melanie Bevan Tallahassee Police Department Bradenton Police Department 234 East Seventh Avenue, Tallahassee, Florida 32303 100 10th Street West, Bradenton, Florida 34205 Telephone: 850-891-4200 Telephone: 941-932-9333

13. Master Police Officer Darla Lynn Portman 14. Director Charles McIntosh City of Tampa Police Department College of Central Florida 411 Franklin Street, North; Tampa, Florida 33602 3001 S.W. College Road, Ocala, Florida 34482 Telephone: 813-228-8900 Telephone: 352-854-2322, ext. 1360

15. Warden Carol Casimir 16. Range Master Christopher Nebbeling Florida Women’s Reception Center West Palm Beach Police Department 3700 N.W. 111th Place, Ocala, Florida 34482 600 Banyan Boulevard, West Palm Beach, Florida 33401 Telephone: 352-840-7800 Telephone: 561-822-1899

Commission Attorney Statewide Prosecutor Nick Cox Office of the Attorney General 3507 E. Frontage Road, Suite 325, Tampa, Florida 33607 Telephone: 813-287-7960

Pending Commission approval during the 12 May 2021 Minutes August 2021 Commission Meeting SUNSHINE LAW Commission Attorney Nick Cox stated that the Sunshine Law applies to these agenda items and Commission members shall not have conversations with another Commission member or in the presence of another Commission member about the agenda items currently pending before the Commission. Commission members may discuss the agenda items with another Commission member during the Commission meeting and may have conversations with Commission staff and other individuals about the agenda items prior to the Commission meeting.

APPROVAL OF THE MAY 2021 DISCIPLINARY AGENDA

Training & Research Manager Stacy Lehman advised the Commission of the following amendments to the May 2021 disciplinary agenda: Tab A-6, Mark A. Milton – the requested disposition was changed to impose a 30-day 180-day prospective SUSPENSION to begin 15 days following the filing of the final order; one year period of PROBATION to begin upon conclusion of the suspension period; provide staff with proof of successful completion of a Commission-approved substance abuse ethics course prior to the end of the probationary period. The following cases were REMOVED from the agenda: Tab E-7, Alexi E. Figueroa; Tab E-35, Diana Perez; and Tab E-15, Benique E. Hackett. Tab H-3, Jessica Andrews, was ADDED to the agenda as a Motion to Vacate. The materials were emailed to the Commission on April 30, 2021. RECOMMENDATION: Chair Ford requested a motion to approve the amended May 2021 disciplinary agenda. COMMISSION ACTION: Commissioner Riedl moved that the Commission approve the amended agenda; seconded by Commissioner McIntosh; motion carried. THE FOLLOWING DISCIPLINARY CASES ARE TRANSCRIBED IN THE ORDER THE CASES WERE PRESENTED BY THE FDLE COUNSEL:

Tab A-5, Case 42849 McInerney, Timothy J. Misconduct/Guideline Penalty: Perjury Verification of Stipulation and The respondent was Documents; Perjury by False Written Declaration; (On or Settlement present with Attorney Between 7-7-2017 & 8-4-2017); (Suspension to Revocation). Agreement Brennan Keeler. Agency: Delray Beach Police Department. RECOMMENDATION: FDLE Assistant General Counsel Janelle Surace presented this case and recommended the Commission impose a 180-day prospective SUSPENSION to begin 15 days following the filing of the final order; a 1-year PROBATION to begin upon conclusion of the suspension period; and provide staff with proof of successful completion of a Commission-approved ethics course prior to the end of the probationary period. COMMISSION ACTION: Discussion was held, and Commissioner Riedl moved to accept the recommendation; seconded by Commissioner Lofton; motion carried.

Pending Commission approval during the 13 May 2021 Minutes August 2021 Commission Meeting Tab B-12, Case 45450 Martinez, DeJesus C. Misconduct/Guideline Penalty: Driving Under the Influence Informal Hearing – The respondent was of Alcohol with Property Damage; (10-1-2019); (Probation with Moral Character present with Attorney Substance Abuse Counseling). Mario Theodore. Agency: Winter Haven Police Department. RECOMMENDATION: FDLE Assistant General Counsel Janelle Surace presented this case and recommended the Commission impose a 30-day prospective SUSPENSION beginning 15 days following the filing of the Final Order; a 1-year PROBATION to begin at the conclusion of the suspension period; and provide staff with proof of successful completion of a Commission-approved substance abuse counseling prior to the end of the probationary period. COMMISSION ACTION: Discussion was held, and Commissioner McIntosh moved to accept the recommendation; seconded by Commissioner Harrison; motion carried.

Tab B-15, Case 46387 Rogers, Steven W. Misconduct/Guideline Penalty: Battery; (1-18-2020); Informal Hearing – The respondent was (Suspension). Moral Character present with Attorney Agency: Department Of Corrections. Kyle McCloud. RECOMMENDATION: FDLE Assistant General Counsel Janelle Surace presented this case and recommended the Commission impose a 45-day prospective SUSPENSION beginning 15 days following the filing of the Final Order; a 1-year PROBATION to begin at the conclusion of the suspension period; and provide staff with proof of successful completion of a Commission-approved anger management counseling prior to the end of the probationary period. COMMISSION ACTION: Discussion was held, and Commissioner Portman moved to impose a 45-day retroactive prospective SUSPENSION beginning 15 days following the filing of the Final Order; a 1-year PROBATION to begin at the conclusion of the suspension period; and provide staff with proof of successful completion of a Commission-approved anger management counseling prior to the end of the probationary period; seconded by Commissioner Nebbeling; motion carried with a 9-6 vote.

Tab B-18, Case 38629 Wilkins, Troy D. Misconduct/Guideline Penalty: Perjury by Contradictory Informal Hearing – The respondent was Statements; (On or between 09-15-2014 & 07-24-2019); Moral Character present with Attorney (Prospective Suspension to Revocation); Unlawful Larry Handsfield. Compensation; (On or between 08-05-2014 & 09-02-2014); (Revocation). Agency: Broward County Sheriff's Office.

RECOMMENDATION: FDLE Assistant General Counsel Natalie Pueschel presented this case and recommended the Commission revoke the respondent’s certification. COMMISSION ACTION: Discussion was held, and Commissioner Lofton moved to accept the recommendation; seconded by Commissioner McIntosh; motion carried.

Pending Commission approval during the 14 May 2021 Minutes August 2021 Commission Meeting Tab H-1, Case 41645 Arana-Arguello, Misconduct/Guideline Penalty: Violation of Commission - Motion To Vacate – Michael A. Ordered Probation; (12-23-2016); (Written Reprimand to Set Aside The respondent was Revocation). present with Attorney Agency: Not employed at the time of misconduct. John Cunill. RECOMMENDATION: FDLE Assistant General Counsel Janelle Surace presented this case and recommended the Commission DENY Motion to Vacate-Set Aside Final Order. COMMISSION ACTION: Discussion was held, and Commissioner Casimir moved to accept the recommendation; seconded by Commissioner Riedl; motion carried.

Tab B-1, Case 38359 Bailey, John P. Misconduct/Guideline Penalty: Neglect Child; (On or Informal Hearing – The respondent was between 1-1-2005 and 4-12-2013); (Prospective Suspension to Moral Character present. Revocation). Agency: Not employed at the time of misconduct.

RECOMMENDATION: FDLE Assistant General Counsel Natalie Pueschel presented this case and recommended the Commission revoke the respondent’s certification. COMMISSION ACTION: The respondent disputed the facts of the case. Discussion was held, and Commissioner Lofton moved to reject the recommendation and remand the case to the Department of Administrative Hearings; seconded by Commissioner McIntosh; motion carried. Tab B-3, Case 44858 Bower, Daniel P. Misconduct/Guideline Penalty: Battery; (4-22-2019); Informal Hearing – The respondent was (Suspension). Moral Character present. Agency: Manatee County Sheriff's Office.

RECOMMENDATION: FDLE Assistant General Counsel Natalie Pueschel presented this case and recommended the Commission impose a 45-day prospective SUSPENSION beginning 15 days following the filing of the Final Order; a 1-year PROBATION to begin at the conclusion of the suspension period; and provide staff with proof of successful completion of Commission-approved anger management counseling prior to the end of the probationary period. COMMISSION ACTION: Discussion was held, and Commissioner McIntosh moved to revoke the respondent’s certification; seconded by Commissioner Casimir; motion carried with an 11-3 vote. Tab B-6, Case 46437 Gray, Edward Misconduct/Guideline Penalty: Battery - Domestic Violence; Informal Hearing – The respondent was (5-21-2020); (Suspension). Moral Character present. Agency: Not employed at the time of misconduct.

RECOMMENDATION: FDLE Assistant General Counsel Janelle Surace presented this case and recommended the Commission impose a 30-day prospective SUSPENSION beginning 15 days following the filing of the Final Order; a 1-year PROBATION to begin at the conclusion of the suspension period; and provide staff with proof of successful completion of Commission-approved anger management counseling prior to the end of the probationary period. COMMISSION ACTION: Discussion was held, and Commissioner Lofton moved to accept the recommendation; seconded by Commissioner Bevan; motion carried.

Pending Commission approval during the 15 May 2021 Minutes August 2021 Commission Meeting Tab B-10, Case 45363 Lambert, Janet F. Misconduct/Guideline Penalty: Marijuana-Possess Not More Informal Hearing – The respondent was than 20 Grams; (6-17-2019); (Revocation). Moral Character present. Agency: Department Of Corrections.

RECOMMENDATION: FDLE Assistant General Counsel Natalie Pueschel presented this case and recommended the Commission revoke the respondent’s certification. COMMISSION ACTION: Discussion was held, and Commissioner Riedl moved to accept the recommendation; seconded by Commissioner Casimir; motion failed with an 8-7 vote. COMMISSION ACTION: Further discussion was held, and due to the lack of severity and the respondent’s length of time with the agency, Commissioner Murphy moved to reject the recommendation and impose a 120-day prospective SUSPENSION beginning 15 days following the filing of the Final Order; a 1-year PROBATION to begin at the conclusion of the suspension period; and provide staff with proof of successful completion of Commission-approved substance abuse counseling and submit to random drug testing prior to the end of the probationary period; seconded by Commissioner Portman; motion carried with a 9-5 vote. Note: Bureau Chief Glen Hopkins advised the Commission that, in accordance with how we deal with positive drug tests, the range of “prospective suspension to revocation” can be added to the CJSTC 2021 – 2022 proposed rule package which will be presented to the Commission for approval at the August Commission meeting. Tab B-13, Case 45420 Mathews, Cody S. Misconduct/Guideline Penalty: Grand Theft; (9-22-2019); Informal Hearing – The respondent was (Suspension to Revocation). Moral Character present. Agency: Department Of Corrections.

RECOMMENDATION: FDLE Assistant General Counsel Janelle Surace presented this case and recommended the Commission revoke the respondent’s certification. COMMISSION ACTION: Discussion was held, and Commissioner Bevan moved to reject the recommendation and impose a 90-day prospective SUSPENSION beginning 15 days following the filing of the Final Order; a 1-year PROBATION to begin at the conclusion of the suspension period; and provide staff with proof of successful completion of Commission-approved substance abuse counseling prior to the end of the probationary period; seconded by Commissioner Portman; motion carried. Tab B-14, Case 46654 Novoa, Jose A. Misconduct/Guideline Penalty: Excess Force by LEO; Informal Hearing – The respondent was (2-29-2020); (Suspension to Revocation). Moral Character present. Agency: Orange County Sheriff's Office.

RECOMMENDATION: FDLE Assistant General Counsel Janelle Surace presented this case and recommended the Commission impose a 90-day prospective SUSPENSION beginning 15 days following the filing of the Final Order; a 1-year PROBATION to begin at the conclusion of the suspension period; and provide staff with proof of successful completion of Commission-approved use of force training prior to the end of the probationary period. COMMISSION ACTION: Discussion was held, and Commissioner Harrison moved to accept the recommendation; seconded by Commissioner Prummell; motion carried.

Pending Commission approval during the 16 May 2021 Minutes August 2021 Commission Meeting Tab B-17, Case 46614 Sameem, Alexis M. Misconduct/Guideline Penalty: Marijuana-Test Positive; Informal Hearing – The respondent was (4-8-2020); (Prospective Suspension to Revocation). Moral Character present. Agency: Miami-Dade County Dept. Of Corrections & Rehabilitation.

RECOMMENDATION: FDLE Assistant General Counsel Janelle Surace presented this case and recommended the Commission revoke the respondent’s certification. COMMISSION ACTION: Discussion was held, and Commissioner Bevan moved to accept the recommendation; seconded by Commissioner Spaulding; motion carried. Tab D-4, Case 46187 Carson, Trisha M. Misconduct/Guideline Penalty: Unprofessional Relationship- Voluntary The respondent was Romantic Association; (8-28-2019); (Revocation). Relinquishment present. Agency: Department Of Corrections.

RECOMMENDATION: FDLE Assistant General Counsel Janelle Surace did not present this case; however, it was recommended that the Commission accept the respondent’s voluntary relinquishment of certification. COMMISSION ACTION: Discussion was held, and Commissioner Bevan Lofton moved to accept the recommendation; seconded by Commissioner Casimir; motion carried. Tab B-2, Case 45425 Benton, Billy J. Misconduct/Guideline Penalty: Battery; (8-4-2019); Informal Hearing – The respondent was (Suspension). Moral Character present. Agency: Jackson County Sheriff's Office.

RECOMMENDATION: FDLE Assistant General Counsel Natalie Pueschel presented this case and recommended the Commission impose a 60-day prospective SUSPENSION to begin 15 days following the filing of the Final Order; a 1-year PROBATION to begin at the end of the suspension; and provide staff with proof of successful completion of Commission-approved anger management and substance abuse counseling prior to the conclusion of the probationary period. COMMISSION ACTION: Discussion was held, and Commissioner Riedl moved to accept the recommendation; seconded by Commissioner Spaulding; motion carried. Tab A-6, Case 44707 Milton, Mark A. Misconduct/Guideline Penalty: Indecent Exposure; Stipulation and The respondent was not (4-9-2019); (Suspension to Revocation). Settlement present. Agency: University Of North Florida, Police Department. Agreement

RECOMMENDATION: FDLE Assistant General Counsel Janelle Surace presented this case and recommended the Commission impose a 30-day prospective SUSPENSION to begin 15 days following the filing of the final order; a 1-year period of PROBATION to begin upon conclusion of the suspension period; and provide staff with proof of successful completion of Commission-approved substance abuse counseling prior to the end of the probationary period. COMMISSION ACTION: Discussion was held, and Commissioner Prummell moved that the Commission reject the recommendation; seconded by Commissioner Adkinson; motion carried.

Pending Commission approval during the 17 May 2021 Minutes August 2021 Commission Meeting Tab A-2, Case 46134 Doss, Bradley J. Misconduct/Guideline Penalty: Making False Report/False Stipulation and The respondent was not Report of Crime to Law Enforcement Officer; (3-16-2020); Settlement present. (Prospective Suspension to Revocation). Agreement Agency: Lake County Sheriff's Office.

RECOMMENDATION: FDLE Assistant General Counsel Janelle Surace presented this case and recommended the Commission impose a 12-month retroactive SUSPENSION; a 180-day prospective SUSPENSION beginning 15 days following the filing of the Final Order; a 1-year PROBATION to begin at the conclusion of the suspension period; and provide staff with proof of successful completion of Commission-approved ethics training prior to the end of the probationary period. COMMISSION ACTION: Discussion was held, and Commissioner Adkinson moved that the Commission reject the recommendation; seconded by Commissioner McIntosh; motion carried. Tab A-8, Case 46405 Nelson, Gary E. Misconduct/Guideline Penalty: False Statement; (On or Stipulation and The respondent was not between 1-1-2019 & 2-28-2019); (Prospective Suspension to Settlement present. Revocation). Agreement Agency: Jacksonville Sheriff's Office.

RECOMMENDATION: FDLE Assistant General Counsel Natalie Pueschel presented this case and recommended the Commission impose a 45-day prospective SUSPENSION to begin 15 days after entry of the Final Order; a 1-year period of PROBATION to begin upon conclusion of the suspension period; and provide staff with proof of successful completion of a Commission-approved ethics course prior to the end of the probationary period. COMMISSION ACTION: Discussion was held, and Commissioner Prummell moved that the Commission reject the recommendation; seconded by Commissioner Adkinson; motion carried. Tab B-11, Case 45478 Lowery, Morrelda G. Misconduct/Guideline Penalty: Weapon Offense- Violation of Informal Hearing – The respondent was not Risk Protection Order; (6-13-2019); (Suspension to Moral Character present. Revocation). Agency: Seminole County Sheriff's Office.

RECOMMENDATION: FDLE Assistant General Counsel Natalie Pueschel presented this case and initially recommended a 15-day prospective SUSPENSION beginning 15 days following the filing of the Final Order; a 1-year PROBATION to begin upon conclusion of the suspension period; and provide staff with proof of successful completion of a Commission-approved fitness for duty evaluation prior to the conclusion of the probationary period. HOWEVER, during the meeting, Assistant General Counsel Pueschel changed the recommendation to request that the Commission revoke the respondent’s certification. COMMISSION ACTION: Discussion was held, and Commissioner Adkinson moved that the Commission accept the recommendation; seconded by Commissioner Allen; motion carried.

Pending Commission approval during the 18 May 2021 Minutes August 2021 Commission Meeting Tab I-6, Case 45813 King, William Misconduct/Guideline Penalty: Battery-Domestic Violence- Voluntary Dismissal The respondent was not Strangulation; (11-27-2019); (Prospective Suspension to present. Revocation); Burglary; (11-27-2019); (Suspension to Revocation); Witness-Dissuading; (11-27-2019); (Suspension to Revocation). Agency: Department Of Corrections.

RECOMMENDATION: FDLE Assistant General Counsel Janelle Surace presented this case and recommended the Commission to DISMISS the Administrative Complaint against the respondent. COMMISSION ACTION: Discussion was held, and Commissioner Prummell moved that the Commission reject the recommendation; seconded by Commissioner Allen; motion carried.

Tab I-8, Case 45528 Payne, Melvin J. Misconduct/Guideline Penalty: Perjury in an official Voluntary Dismissal The respondent was proceeding; (5-20-2019); (Prospective Suspension to present. Revocation). Agency: Collier County Sheriff's Office.

RECOMMENDATION: This case was not presented as an individual request; however, the respondent agreed to allow staff to move the case to the Consent Agenda items. COMMISSION ACTION: Please refer to the VOLUNTARY DISMISSAL CONSENT AGENDA.

STIPULATION AND SETTLEMENT AGREEMENT CONSENT AGENDA Commission staff Stacy Lehman stated that Tabs A-1 through A-9 were matters in which each of the Petitioners and Respondents agreed to a settlement of their case. The following cases are tabs: A-1, Chambers, Suzanne P.; A-3, Green, Donald T.; A-4, King, Robert J.; A-7, Moran, James W.; and A-9, Peterson, Eric C. RECOMMENDATION: FDLE Assistant General Counsel Natalie Pueschel requested the Commission to adopt the Stipulation and Settlement Agreement as the final disposition for the above cases. COMMISSION ACTION: Commissioner Prummell moved that the Commission adopt FDLE Counsel’s recommendation; seconded by Commissioner Allen; motion carried.

Pending Commission approval during the 19 May 2021 Minutes August 2021 Commission Meeting INFORMAL HEARING – MORAL CHARACTER CONSENT AGENDA Commission staff Stacy Lehman stated that Tabs B-1 through B-18 were matters in which each of the Respondents were served with an Administrative Complaint alleging that each had committed misconduct and thereby failed to maintain good moral character as required by Section 943.13(7). Each Respondent filed an election of rights stating he or she did not dispute the allegations of fact but wished to be heard in an informal hearing. Each Respondent was given notice of the scheduled informal hearing. The Respondents failed to appear. The following cases are tabs: B-4, Childress, Teantavious J.; B-5, Cole, Fraunaundray D.; B-7, Helms, Jon- Christopher C.; B-8, Hoyt, Brian A.; B-9, Humphrey, Keith Z.; and B-16, Rush, Daniel R. RECOMMENDATION: FDLE Assistant General Counsel Natalie Pueschel requested the Commission to entertain a motion finding that the Commission admit into evidence the case materials set forth in each of these cases as prima facie evidence in support of the allegations set forth, adopt the findings of fact and law contained in the Administrative Complaint as those of the Commission, and find each Respondent in violation of officer standards based upon the evidence and impose the disciplinary action as advocated by FDLE Counsel for each case. COMMISSION ACTION: Commissioner Prummell moved that the Commission adopt FDLE Counsel’s recommendation; seconded by Commissioner Harrison; motion carried.

INFORMAL HEARING – VIOLATION OF PROBATION CONSENT AGENDA Commission staff Stacy Lehman stated that Tab C-1 was a matter in which the Respondent was served with an Administrative complaint alleging that he had violated Commission-Ordered Probation. The Respondent filed an election of rights stating he did not dispute the allegations of fact but wished to be heard in an informal hearing. The Respondent was given notice of the informal hearing. The Respondent was either present and did not wish to address the Commission or failed to appear. The following case is tab: C-1, Jernigan, Isisah. RECOMMENDATION: FDLE Assistant General Counsel Natalie Pueschel requested Chair Ford to entertain a motion finding the Respondent in violation of Commission-Ordered Probation and revoke certification. COMMISSION ACTION: Commissioner Casimir moved that the Commission adopt FDLE Counsel’s recommendation; seconded by Commissioner Sandman; motion carried.

VOLUNTARY RELINQUISHMENTS CONSENT AGENDA Commission staff Stacy Lehman stated that Tabs D-1 through D-25 were matters in which each of the Respondents were served an administrative complaint alleging a violation of officer standards. Each Respondent filed an election of rights stating he or she wished to voluntarily relinquish their certifications. The following cases are tabs: D-1, Alley, Shannon C.; D-2, Baker, Aljarrod J.; D-3, Candage, Barry P. (Respondent Present); D-5, Colvin, Dolis Dajah C.; D-6, Combs, Charity Q.; D-7, Hobby, Morris A.; D-8, Holliday, Chad E.; D-9, Laracuente, Jose; D-10, Legard, Joseph M.; D-11, Leggett, Ryan; D-12, Lloyd, Kendall B.; D-13, Locurto, Donnamarie; D-14, Martin, Baryl T.; D-15, Martinez- Welch, Mia D.; D-16, Mercado Carrasquillo, David; D-17, Ming, Isaac A.; D-18, Nebergall, Carlton R.; D-19, Nelson, Antwan; D-20, Penta, Taylor P.; D-21, Rabb, James J.; D-22, Schadler, Brandon; D-23, Seemer, Robert H.; D-24, Torres, Jose M.; and D-25, Varvaro, Jesse. RECOMMENDATION: FDLE Assistant General Counsel Natalie Pueschel requested the Commission to accept each of the Respondent’s voluntary relinquishment of certification in these cases. COMMISSION ACTION: Commissioner Prummell moved that the Commission adopt FDLE Counsel’s recommendation; seconded by Commissioner Harrison; motion carried.

Pending Commission approval during the 20 May 2021 Minutes August 2021 Commission Meeting DEFAULT – MORAL CHARACTER CONSENT AGENDA Commission staff Stacy Lehman stated that Tabs E-1 through E-47 were matters in which each of the Respondents were served an administrative complaint alleging that each had committed misconduct and thereby failed to maintain good moral character as required by Section 943.13(7), Florida Statutes. Each Respondent was served an Administrative Complaint by certified mail, return receipt requested, by personal service or by publication in compliance with Section 120.60(5), F.S. Each Respondent failed to file an Election of Rights form or otherwise establish a disputed issue of material fact in response to the Administrative Complaint within 21 days of receipt of the agency pleading as required by Rule 28-106.111, F.A.C. By failing to request a hearing, the Respondents waived their right to any hearing where there was a disputed issue of material fact. The following cases are tabs: E-1, Adams, Nicholas T.; E-2, Adams, Nicholas T.; E-3, Athol, Tobias J.; E-4, Carmical, Jenny R.; E-5, Contardi, Rock R.; E-6, Croll, Matthew W.; E-7, Figueroa, Alexi E.; E-8, Finsley, William J.; E-9, Finsley, William J.; E-10, Foster, Justin; E-11, Gadhia, Devesh A.; E-12, Gipson, Kimberly A.; E-13, Glover, Sue W.; E-14, Grant, Adjovi R.; E-15, Hackett, Benique E.; E-16, Hendrick, Keiarra A.; E-17, Howard, Denecia L.; E-18, Johnson, Carlton M.; E-19, Johnson, Jonathan B.; E-20, Johnson, Toby M.; E-21, Landry, Chad A.; E-22, Lavalle, James R.; E-23, Llano, Daniel A.; E-24, Madden, Dwayne A.; E-25, Metz, Blake H.; E-26, Miller, Robert J.; E-27, Mims, Kishma D.; E-28, Mobley, Tanzania N.; E-29, Monforte, Joseph; E-30, Palencia, Omar J.; E-31, Pallerine, Joseph A.; E-32, Parker, Hentazha B.; E-33, Pasley, Timothy A.; E-34, Pendergraph, Adam M.; E-35, Perez, Diana; E-36, Ponder, Michael G.; E-37, Price, Kevin A.; E-38, Price, Kourtney L.; E-39, Robinson, Emanuel L.; E-40, Rolle, Frederick; E-41, Sizemore, William D.; E-42, Taylor, Michael A.; E-43, Tazewell, Jarred L.; E-44, Traniello, Devin J.; E-45, Vazquez, Julio E.; E-46, Walls, Jamisha L.; and E-47, Willis, Marquita N. RECOMMENDATION: FDLE Assistant General Counsel Natalie Pueschel requested Chair Ford to entertain a motion finding that the Respondents received proper notice of the Administrative Complaint and waived their right to a hearing. Also, have the Commission admit into evidence the case materials set forth in each of these cases as prima facie evidence in support of the allegations set forth, adopt the findings of fact and law contained in the Administrative Complaint as those of the Commission, and find each Respondent in violation of officer standards based upon the evidence and impose the disciplinary action as advocated by FDLE Counsel for each case. COMMISSION ACTION: Commissioner Prummell moved that the Commission adopt FDLE Counsel’s recommendation; seconded by Commissioner Lofton; motion carried.

Pending Commission approval during the 21 May 2021 Minutes August 2021 Commission Meeting DEFAULT – FELONY CONSENT AGENDA Commission staff Stacy Lehman stated that Tabs F-1 through F-26 were matters in which each of the Respondents were served an Administrative Complaint alleging that each was in violation of Section 943.13(4), F.S., and have pled guilty, nolo contendere, or have been found guilty of a felony. Each Respondent was served by certified mail, return receipt requested, by personal service or by publication, in compliance with Section 120.60(5), F.S. Each Respondent failed to file an Election of Rights form or otherwise establish a disputed issue of material fact in response to the Administrative Complaint within 21 days of receipt of the agency pleading as required by Rule 28-106.111, F.A.C. By failing to request a hearing, the Respondents waived their right to a hearing in which there was a disputed issue of material fact. The following cases are tabs: F-1, Bailey, Cathedria E.; F-2, Barrentine, Christopher M.; F-3, Black, Anthony J.; F-4, Cribb, Alex B.; F-5, Cruce, Misty S.; F-6, Eldridge, Joseph R.; F-7, Faulkner, Valerie A.; F-8, Frazier, Natalya T.; F-9, Garst, Adam L.; F-10, Godbey, Adam W.; F-11, Heras, Christian; F-12, Hernandez, Dermis; F-13, Hicks, Sarah E.; F-14, Kinsey, Casey F.; F-15, Kneller, Aaron R.; F-16, Martinez, Michael D.; F-17, McClendon, James L.; F-18, McClough, Nathan B.; F-19, McCook, Darren; F-20 and F-21, McKnight, Darryl E.; F-22, Mock, Sheila P.; F-23, Sadler, Cansas T.; F-24, Taylor, Charlie; F-25, Thornton, James; and F-26, Thornton, Melitta L. RECOMMENDATION: FDLE Assistant General Counsel Natalie Pueschel requested Chair Ford to entertain a motion finding that the Respondents received proper notice of the Administrative Complaint and waived their right to a hearing. Also, have the Commission admit into evidence the case materials set forth in the above cases as prima facie evidence in support of the allegations set forth, adopt the findings of fact and law contained in the Administrative Complaint as those of the Commission, and find each Respondent in violation of officer standards based upon the evidence and revoke certification. COMMISSION ACTION: Commissioner McIntosh moved that the Commission adopt FDLE Counsel’s recommendation; seconded by Commissioner Riedl; motion carried.

DEFAULT – VIOLATION OF PROBATION CONSENT AGENDA Commission staff Stacy Lehman stated that Tab G-1 and G-2 were matters in which each of the Respondents were served an Administrative Complaint alleging a violation of commission ordered probation. Each Respondent was served by certified mail; return receipt requested, by personal service or by publication, in compliance with Section 160.60(5), Florida Statutes. Each Respondent failed to file an Election of Rights form or otherwise establish a disputed issue of material fact in response to the Administrative Complaint within 21 days of receipt of the agency pleading as required by Rule 28-106.111, F.A.C. By failing to request a hearing, the Respondents waived their right to a hearing in which there was a disputed issue of material fact. The following cases are tabs: G-1, Rodriguez, Ramon R.; and G-2, Scott, Brandon P. RECOMMENDATION: FDLE Assistant General Counsel Natalie Pueschel requested Chair Ford to entertain a motion finding that the Respondents received proper notice of the Administrative Complaint and waived their right to a hearing. Also, have the Commission admit into evidence the case materials set forth in the case as prima facie evidence in support of the allegations set forth, adopt the findings of fact and law contained in the Administrative Complaint as those of the Commission, and find the Respondents in violation of probation based upon the evidence and revoke their certification. COMMISSION ACTION: Commissioner Lofton moved that the Commission adopt FDLE Counsel’s recommendation; seconded by Commissioner Bevan; motion carried.

Pending Commission approval during the 22 May 2021 Minutes August 2021 Commission Meeting MOTION TO VACATE/SET ASIDE CONSENT AGENDA Commission staff Stacy Lehman stated that Tabs H-1 through H-3 were matters in which Commission staff or FDLE Counsel determined that the final orders should be vacated or set aside; or the respondents requested the final order should be set aside. The following cases are tabs: H-2, Griffin, Lonnie R.; and H-3, Jessica D. Gerber Andrews. RECOMMENDATION: FDLE Assistant General Counsel Natalie Pueschel requested the Commission to accept FDLE Counsel’s requested disposition in the case. COMMISSION ACTION: Commissioner Spaulding moved that the Commission adopt FDLE Counsel’s recommendation; seconded by Commissioner Prummell; motion carried.

VOLUNTARY DISMISSAL CONSENT AGENDA Commission staff Stacy Lehman stated that Tabs I-1 through I-12 were matters in which Commission staff or FDLE Counsel determined the cases should be dismissed. The following cases are tabs: I-1, Adams, Brooke; I-2, Chapman, Brandon D.; I-3, Christmas, Hubert W.; I-4, Empleo, Joseph M.; I-5, Griffis, Tesya P.; I-7, Neel, Justin P.; I-8, Payne, Melvin J. (Respondent Present); I-9, Pleasant, Scottie L.; I-10, Porterfield, Robert S.; I-11, Slisz, Kristie L.; and I-12, Stewart, Zachary D. RECOMMENDATION: FDLE Assistant General Counsel Natalie Pueschel requested the Commission to dismiss the above Administrative Complaints (or Letters of Denial). COMMISSION ACTION: Commissioner Lofton moved that the Commission adopt FDLE Counsel’s recommendation; seconded by Commissioner Adkinson; motion carried.

BASIC ABILITIES TEST ADMINISTRATIVE PENALTY Commission staff Stacy Lehman stated that Tab J-1 was a matter in which Commission staff or FDLE Counsel determined that a letter of denial should be issued to the respondent. The following case is tab: J-1, Jeudy, Metuschellah V. RECOMMENDATION: FDLE Assistant General Counsel Natalie Pueschel requested the Commission to nullify the Basic Abilities Test scores for all tests taken after November 6, 2019, and prohibition from taking a Basic Abilities Test for a period of five years from the date of the Final Order. COMMISSION ACTION: Commissioner Riedl moved that the Commission adopt FDLE Counsel’s recommendation; seconded by Commissioner Sandman; motion carried.

Chair Ford requested a motion, and it was moved to adjourn the GoToMeeting of the Officer Discipline Hearing; seconded; motion carried. The minutes were prepared by Government Operations Consultant I and Commission Secretary Joyce Gainous- Harris of the Florida Department of Law Enforcement, Criminal Justice Professionalism, Post Office Box 1489, Tallahassee, Florida 32302.

Pending Commission approval during the 23 May 2021 Minutes August 2021 Commission Meeting AGENDA ITEM: 1

Criminal Justice Professionalism Updates

ISSUE NUMBER 1

This agenda item is presented to provide the Commission with information regarding Division initiatives, legislative initiatives, and the Criminal Justice Standards and Training Trust Fund.

EXECUTIVE SUMMARY Director Dean Register will give an update on Division initiatives, legislative initiatives, and the Criminal Justice Standards and Training Trust Fund.

RECOMMENDATION(s): This agenda item does not require Commission action.

VOTING IMPACT CONSEQUENCES OF A “YES” VOTE ON STAFF RECOMMENDATION: A vote is not required.

CONSEQUENCES OF A “NO” VOTE ON STAFF RECOMMENDATION: A vote is not required.

August 2021 Commission Meeting 1 Agenda Item 1 AGENDA ITEM: 2

Criminal Justice Standards and Training Trust Fund Revenue Report for Fiscal Year 2020 – 2021

ISSUE NUMBER 1 This agenda item provides information to the Commission about Criminal Justice Standards and Training Trust Fund revenues and training disbursements through June 2021 of Fiscal Year 2020 – 2021, and the trust fund cash balance on June 30, 2021.

EXECUTIVE SUMMARY 1. The Fiscal Year 2020 – 2021 operating budget for CJST Trust Fund dollars is $17,235,711. 2. Revenue (excluding examination and tuition fees) for the period July 2020 through June 2021, totaled $6,987,092. 3. The average monthly revenues decreased when compared to Fiscal Year 2019 – 2020. For Fiscal Year 2020 – 2021, revenues were $507,353 (or -6.77%) below what they were for the same period in Fiscal Year 2019 – 2020. 4. The operating budget for officer training in Fiscal Year 2020 – 2021 totals $6,322,320, which provides $80 for each of the state’s 79,029 officers. The full allotment for the entire Fiscal Year has been dispersed. 5. The beginning cash balance in the CJS&T Trust Fund on July 1, 2020 was $6,917,268. The cash balance on June 30, 2021 was $6,035,320.

RECOMMENDATION(S): This agenda item does not require Commission action.

VOTING IMPACT CONSEQUENCES OF A “YES” VOTE ON STAFF RECOMMENDATION: A vote is not required.

CONSEQUENCES OF A “NO” VOTE ON STAFF RECOMMENDATION: A vote is not required.

August 2021 Commission Meeting 1 Agenda Item 2 SUPPORTING INFORMATION FY 2020 – 2021 CJST Trust Fund Operating Budget Commission Business $ 14,564,434 Salaries (including OPS) $ 7,202,564 Operations $ 1,039,550 Officer Training (paid from General Revenue) $ 6,322,320 Administrative Hearings (Paid through Operating Trust Fund) $ 0 Accreditation $ 48,000 Florida Criminal Justice Executive Institute $ 404,000 Alcohol Testing Program $ 131,300 DARE $ 36,000 Medical Examiners Commission $ 19,000 Florida Law Enforcement Officers’ Hall of Fame $ 25,200 Violent Crime Drug Control Council/Witness Protection (Fund $ 50,000 Shift) Other Operations (facility rent and insurance, and reserve authority) $ 1,263,500 Six Percent Hold-Back $ 694,277 TOTAL BUDGET $ 17,235,711

CJST Trust Fund Operations FY 2020 – 2021 Quarterly CJSTC Trust Fund Monthly Revenue* Disbursement for Cash Balance Officer Training July 1, 2020 beginning cash balance $ 6,917,268 July $ 473,567 $ 1,580,580 August 485,029 N/A September 485,249 N/A October 524,230 1,580,580 November 639,552 N/A December 511,543 N/A January 529,344 1,580,580 February 572,169 N/A March 594,280 N/A April 839,386 1,580,580 May 716,800 N/A June 615,941 N/A Year-to-Date $ 6,987,092 $ 6,322,320 Cash Balance June 30, 2021 $ 6,035,320 Revenue is based on the monthly transfer of funds (for civil fines and court costs) to FDLE from the Department of Revenue. Examination and tuition fees are not included.

August 2021 Commission Meeting 2 Agenda Item 2 AGENDA ITEM: 3

Criminal Justice Standards and Training Commission Proposed Rules and Forms Revisions: Request for Approval of 2021 – 2022 Proposed Changes

ISSUE NUMBER 1 This agenda item is presented to the Commission to request approval of Criminal Justice Standards and Training Commission rule revisions in Rule Chapters 11B-20, 11B-21, 11B-27, and 11B-35, F.A.C.

EXECUTIVE SUMMARY 1. The “Justification for Proposed Rules” for the following Rule Chapters (Rule Summary Document) is included in Attachment 1: • 11B-20: Certification of Criminal Justice Training Instructors • 11B-21: Certification of Criminal Justice Training Schools • 11B-27: Certification and Employment or Appointment • 11B-35: Training Programs

2. The “Proposed Rule Language” for the following Rule Chapters (Revised Rule Language Only) is included in Attachment 1: • 11B-20: Certification of Criminal Justice Training Instructors • 11B-21: Certification of Criminal Justice Training Schools • 11B-27: Certification and Employment or Appointment • 11B-35: Training Programs Note: The Complete CJSTC Rule Packet (Master Rule Document) that contains all rule language and the proposed rule revisions is Attachment 2.

3. The “Revised CJSTC forms” are included in Attachment 1: • Firearms Performance Evaluation, form CJSTC-4 • First Aid Performance Evaluation, form CJSTC-5 • Defensive Tactics Performance Evaluation, form CJSTC-6 • Vehicle Operations Performance Evaluation, form CJSTC-7 • Affidavit of Separation, form CJSTC-61 • Fingerprint Notification, form CJSTC-62 • Canine Team Certification Application, form CJSTC-70 • Instructor Certification Application, form CJSTC-71 • Mandatory Retraining Report, form CJSTC-74 • Physician’s Assessment, form CJSTC-75 • Instructor Competency Checklist, form CJSTC-81

August 2021 Commission Meeting 1 Agenda Item 3 • Instructor Exemption, form CJSTC-82 • Driving Range Facility and Equipment Requirements, form CJSTC-202 • Agency New Hire Report, form CJSTC-207

RECOMMENDATION(s): Commission staff recommends the Commission: 1) approve the rule revisions as presented; 2) approve Commission staff to begin the rule promulgation process; and 3) approve Commission staff to make non-substantive revisions as requested by the Joint Administrative Procedures Committee (JAPC) and FDLE Legal Counsel.

VOTING IMPACT CONSEQUENCES OF A “YES” VOTE ON FDLE CRIMINAL JUSTICE PROFESSIONALISM STAFF: A yes vote will approve Commission staff’s recommended revisions to the rules and forms.

CONSEQUENCES OF A “NO” VOTE ON FDLE CRIMINAL JUSTICE PROFESSIONALISM STAFF: A no vote will not approve Commission staff’s recommended revisions to the rules and forms.

SUPPORTING INFORMATION The supporting information for this agenda item is only available using the below links. Attachment 1: • Justification for Proposed Rules (Rule Summary Document); • Rule Chapters 11B – Revised Rule Language Only; and • Revised CJSTC forms.

Attachment 2: Complete CJSTC Rule Packet (Master Rule Document) that contains all rule language and the proposed rule revisions.

Note: The 2021 – 2022 Proposed Rules are indicated with strike throughs and underlining in RED with Comment boxes in BLACK text, effective summer 2022.

August 2021 Commission Meeting 2 Agenda Item 3 AGENDA ITEM: 4 (Amended 8/3/2021)

Florida Criminal Justice Executive Institute (FCJEI) Policy Board Membership

ISSUE NUMBER 1 This agenda item is presented to the Commission to request approval for the appointment of Chief Mark Brown and the reappointment of Chief Laura Bedard to the Florida Criminal Justice Executive Institute Policy Board.

EXECUTIVE SUMMARY 1. Section 943.1755(3), F.S., requires that, “an individual shall be nominated by the entities and shall become members of the board upon approval of the Criminal Justice Standards and Training Commission. Members appointed under this paragraph shall serve a 2-year term.” 2. President Rachel Bryant of the State Law Enforcement Chiefs’ Association has made a recommendation to the FCJEI Policy Board for the appointment of Chief Mark Brown of the Florida Highway Patrol. 3. President Bobby McCallum of the Florida Sheriffs Association has made a recommendation to the FCJEI Policy Board for the reappointment of Chief Laura Bedard of the Seminole County Sheriff’s Office.

RECOMMENDATION(S): Commission staff recommends the Commission adopt the State Law Enforcement Chiefs’ Association and Florida Sheriffs Association recommendations to appoint Chief Mark Brown and to reappoint Chief Laura Bedard to the FCJEI Policy Board, effective August 12, 2021.

VOTING IMPACT CONSEQUENCES OF A “YES” VOTE ON STAFF RECOMMENDATION: Chief Mark Brown shall be appointed and Chief Laura Bedard reappointed to the FCJEI Policy Board.

CONSEQUENCES OF A “NO” VOTE ON STAFF RECOMMENDATION: Chief Mark Brown shall not be appointed and Chief Laura Bedard shall not be reappointed to the FCJEI Policy Board.

August 2021 Commission Meeting 1 Agenda Item 4 Amended 8/3/2021 SUPPORTING INFORMATION

1. Section 943.1755(3), F.S., Florida Criminal Justice Executive Institute, page 2. 2. Letter dated June 4, 2021 from the State Law Enforcement Chiefs’ Association, page 3. 3. Letter dated August 3, 2021 from the Florida Sheriffs Association, page 4. 4. Florida Criminal Justice Executive Institute (FCJEI) Policy Board Membership, page 5.

Section 943.1755(3), F.S., Florida Criminal Justice Executive Institute. (3) The institute shall cooperate with the Criminal Justice Standards and Training Commission, and shall be guided and directed by a policy board composed of the following members: (a) The following persons shall serve on the policy board: 1. The executive director of the Department of Law Enforcement or a designee. 2. The Secretary of Corrections or a designee. 3. The Commissioner of Education or a designee. 4. The Secretary of Juvenile Justice or a designee. (b) The following persons shall be nominated by the entities referred to in this paragraph and shall become members of the board upon approval of the Criminal Justice Standards and Training Commission. Members appointed under this paragraph shall serve 2-year terms: 1. Three chiefs of municipal police departments nominated by the Florida Police Chiefs Association. 2. Three sheriffs nominated by the Florida Sheriffs Association. 3. A county jail administrator nominated by the Florida Sheriffs Association and the Florida Association of Counties. 4. A representative nominated by the State Law Enforcement Chiefs Association. (4) The policy board shall establish administrative procedures and operational guidelines necessary to ensure that criminal justice executive training needs are identified and met through the delivery of quality instruction. (5) Members of the policy board are entitled to reimbursement for per diem and travel expenses pursuant to s. 112.061 to the extent such expenses are associated with meetings or training activities, appropriate to the Department of Law Enforcement, and deemed necessary by the board. (6) Seven members constitute a quorum of the board. History.—s. 1, ch. 90-157; ss. 9, 13, ch. 91-74; s. 31, ch. 91-201; s. 5, ch. 91-429; s. 4, ch. 95-161; s. 9, ch. 97-225; s. 63, ch. 2007-217; s. 31, ch. 2013-116.

August 2021 Commission Meeting 2 Agenda Item 4 Amended 8/3/2021 STATE LAW ENFORCEMENT CHIEFS’ ASSOCIATION POST OFFICE BOX 13852, TALLAHASSEE, FLORIDA 32317 WWW.STATECHIEFS.STARCHAPTER.COM

EXECUTIVE BOARD June 4, 2021

PRESIDENT Chris Johnson RACHEL BRYANT Bureau Chief 1ST VICE PRESIDENT Bureau of Professional Development CORY HARRISON Florida Department of Law Enforcement 2ND VICE PRESIDENT LOREN LOWERS

3RD VICE PRESIDENT Mr. Johnson, DANA RUSSELL On behalf of the State Law Enforcement Chiefs’ Association, I would like to TREASURER EVANGELINA BROOKS recommend Chief Mark Brown of the Florida Highway Patrol for appointment to the FCJEI Policy Board. If approved, Chief Brown would replace Ron Cave (our SECRETARY current representative) on the board when Ron’s term is up in August. Thank BURT HIMMER you and if you need any additional information, please let me know! IMMEDIATE PAST PRESIDENT LARRY BOURDEAU

COMMITTEE CHAIRS

MEMBERSHIP VACANT Rachel Bryant

TECHNOLOGY SLECA President TIMOTHY ROUFA

NOMINATING AND AWARDS VACANT

GOVERNMENTAL AFFAIRS VACANT

EDUCATION AND TRAINING BILL BIERBAUM

STATE ACCREDITATION KIMBERLY WACHTER

CORPORATE LIAISON JAY ETHERIDGE

LEGAL ADVISOR DANE DUNSON

FLORIDA CRIMINAL JUSTICE EXECUTIVE INSTITUTE POLICY BOARD RON CAVE

COMMISSION FOR FLORIDA LAW ENFORCEMENT

ACCREDITATION August S 2021IMON CommissionBLANK Meeting 3 Agenda Item 4 Amended 8/3/2021

August 3, 2021

Chris Johnson, Chief Florida Department of Law Enforcement Bureau of Professional Development PO Box 1489 Tallahassee, FL 32302

Dear Mr. Johnson:

On behalf of FSA President Sheriff Bobby McCallum, I am pleased to nominate Dr. Laura Bedard to serve a second term as the Jail Administrator representative on the Florida Criminal Justice Executive Institute Policy Board.

Dr. Bedard has indicated a willingness to continue to serve. As a graduate of the institute and a certificate holder from the American Jail Association as a Certified Jail Manager, she is well qualified to hold this position.

Please contact me if you need additional information.

Sincerely,

Steve Casey Executive Director

cc: FSA President Sheriff Bobby McCallum

August 2021 Commission Meeting 4 Agenda Item 4 Amended 8/3/2021 Florida Criminal Justice Executive Institute Policy Board Members

Chief Albert A. (Butch) Arenal – Chair Chief Mark Brown Coconut Creek Police Department Florida Highway Patrol 4800 West Copans Road 2900 Apalachee Parkway Coconut Creek, FL 33063 Tallahassee, FL 32399 Telephone: 954-956-1570 Telephone: 850- 617-3377 [email protected] [email protected] Term Expiration: Feb. 2023 Term Expiration: Aug. 2023

Chief John Freeburg Chief Laura Bedard Edgewood Police Department Seminole County Sheriff’s Office 5565 South Orange Avenue 211 Eslinger Boulevard Edgewood, FL 32809 Sanford, FL 32773 Telephone: 407-467-2433 Telephone: 407-665-6600 [email protected] [email protected] Term Expiration: Oct. 2021 Term Expiration: Aug. 2021

Chief Tracy Frazzano Commissioner Richard L. Swearingen Chief of Police Florida Department of Law Enforcement Marco Island Police Department Post Office Box 1489 51 Bald Eagle Drive Tallahassee, FL 32302-1489 Marco Island, FL 34145 Telephone: 850-410-7011 Telephone: 239-389-5050 [email protected] [email protected] Term Expiration: May 2023 Secretary Mark Inch Florida Department of Corrections Honorable Dennis Lemma 501 S. Calhoun Street Sheriff, Seminole County Tallahassee, FL 32399 Seminole County Sheriff’s Office Telephone: 850-717-3030 100 Eslinger Way [email protected] Sanford, FL 32773 Telephone: 407-665-6537 Colonel Jeffrey Harrington [email protected] Pasco County Sheriff’s Office Term Expiration: Feb. 2023 8700 Citizen Drive New Port Richey, FL 34654 Honorable Michael A. Adkinson Telephone: 727-844-7705 Sheriff, Walton County [email protected] 752 Triple G Road DeFuniak Springs, FL 32433 Secretary Josefina M. Tamayo Telephone: 850-892-8186 Department of Juvenile Justice [email protected] Knight Building Term Expiration: Feb. 2023 2737 Centerview Drive Tallahassee, FL 32399 Honorable Gordon Smith Telephone: 850-413-7313 Sheriff, Bradford County [email protected] Bradford County Sheriff’s Office 945-B North Temple Avenue Starke, FL 32091 Telephone: 904-966-2276 [email protected] Term Expiration: Feb. 2023 Florida Department of Law Enforcement www.fdle.state.fl.us P.O. Box 1489 * Tallahassee, Florida 32302-1489 * Phone: (850) 410-7373 * Fax: (850) 410-7345 August 2021 Commission Meeting 5 Agenda Item 4 Amended 8/3/2021 AGENDA ITEM: 5

Officer Training; Advanced Training Program: Domestic Intervention and Investigation, course number 091 (Rewrite)

ISSUE NUMBER 1 This agenda item is presented to the Commission to approve the rewritten Domestic Intervention and Investigation, course number 091.

EXECUTIVE SUMMARY 1. The Commission is responsible for maintaining Advanced Training Program Courses for Commission-certified law enforcement, correctional, and correctional probation officers. Courses in the Advanced Training Program are eligible for salary incentive monies, or may be delivered using Criminal Justice Standards and Training Officer Training Trust Fund Monies. 2. The advanced course number 091, Domestic Intervention and Investigation, was developed in 1986 in support of career development training. Updates to this high-demand course have been limited to responding to legislative changes. 3. Subject matter experts expanded the dynamics of domestic violence to include intimate partner violence, strangulation, stalking, cyberstalking, sexual cyberharassment, financial abuse, and the role of mental illness and substance abuse. New topics describe domestic violence in Florida’s diverse communities to include children; teenagers; the elderly, disabled, and LGBTQ+ communities; the homeless and migrant populations; officer- involved domestic violence; and the relationship of domestic violence to human trafficking. Officers will understand the short- and long-term effects of domestic violence on victims and their families and communities, the economic toll, and the effects on the law enforcement community. Investigating domestic violence includes a culturally and trauma-informed response during the initial response, when conducting the risk assessment, interviewing, gathering evidence, and determining the abuser, while maintaining officer safety. Emphasis is placed on gathering sufficient information that will stand independent from victim testimony. A thorough discussion regarding civil and criminal orders, risk protection orders, and violations of injunctions emphasizes the officer’s role in promoting victim safety. An expanded section on victim rights and services stresses the officer’s role in providing victim assistance and guidance at the scene and collaborating with advocates and social services to maintain victim safety and gather additional evidence for a successful prosecution. The course and instructor guide provide real-life scenarios that encourage officers to draw on their past experiences with domestic violence incidents and explore effective responses and investigative techniques.

RECOMMENDATION(s): Commission staff recommends the Commission approve the rewritten 80-hour Domestic Intervention and Investigation, course number 091, in the Advanced Training Program, with an effective date of August 19, 2021.

VOTING IMPACT CONSEQUENCES OF A “YES” VOTE ON STAFF RECOMMENDATION: A “yes” vote shall allow Commission- certified training schools to provide training with the updated Domestic Intervention and Investigation course, effective August 19, 2021.

CONSEQUENCES OF A “NO” VOTE ON STAFF RECOMMENDATION: A “no” vote shall not allow Commission- certified training schools to provide training with the updated Domestic Intervention and Investigation course.

August 2021 Commission Meeting 1 Agenda Item 5 SUPPORTING INFORMATION The supporting information for this agenda item is only provided to the Commission and Commission staff and is not available to the public.

• Attachment 1: Course Guide—Domestic Intervention and Investigation, course number 091. • Attachment 2: Instructor Guide—Domestic Intervention and Investigation, course number 091.

August 2021 Commission Meeting 2 Agenda Item 5 AGENDA ITEM: 6A

Request for Variance or Waiver: Request for a Permanent Waiver of Rule 11B-27.002(4)(a), F.A.C., by Robert James ISSUE NUMBER 1 This agenda item is presented to the Commission by Robert James to request a permanent waiver of Rule 11B-27.002(4)(a), F.A.C.

EXECUTIVE SUMMARY 1. Petitioner, Robert James, is seeking a waiver of Rule 11B-27.002(4), F.A.C., and wishes to waive that portion of the rule that states: (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. 2. Petitioner began basic recruit training on October 31, 2016 and completed the course on May 9, 2017. 3. Petitioner states that he is being considered for sworn employment with the School District of Palm Beach County Police Department. No supporting documents to this effect have been received by Commission staff.

RECOMMENDATION(S): Commission staff recommends that the Commission DENY the petition for a permanent waiver of Rule 11B-27.002(4)(a), F.A.C.

VOTING IMPACT CONSEQUENCES OF A “YES” VOTE ON STAFF RECOMMENDATION: Mr. James’ request for a permanent waiver of Rule 11B-27.002(4)(a), F.A.C., shall not be granted and he will not be eligible to become a certified officer.

CONSEQUENCES OF A “NO” VOTE ON STAFF RECOMMENDATION: Mr. James’ request for a permanent waiver of Rule 11B-27.002(4)(a), F.A.C., shall be granted and he shall have 90 days from the date of the final order to gain employment and certification as an officer.

August 2021 Commission Meeting 1 Agenda Item 6A SUPPORTING INFORMATION 1. Rule 11B-27.002(4)(a), F.A.C., Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers, page 2. 2. Section 120.542, F.S., Variances and Waivers, page 2. 3. Petition for Waiver of Rule 11B-27.002(4)(a), F.A.C., by Robert James, pages 3 - 5. 4. Global Profile Sheet for Robert James, pages 6 - 7. 5. Florida Administrative Registry Notice, page 8. 6. Notice of Hearing, page 9.

11B-27.002; Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers. (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. 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.

Section 120.542, F.S., Variances and Waivers, mandates threshold proofs and notice provisions for variances and waivers from agency rules. Subsection (2) of this statute states: Variances and waivers shall be granted when the person subject to the rule demonstrates that the purpose of the underlying statute will be or has been achieved by other means by the person and when application of a rule would create a substantial hardship or would violate principles of fairness. For purposes of this section, “substantial hardship” means a demonstrated economic, technological, legal, or other type of hardship to the person requesting the variance or waiver. For purposes of this section, “principles of fairness” are violated when the literal application of a rule affects a particular person in a manner significantly different from the way it affects other similarly situated persons who are subject to the rule. History.—s. 12, ch. 96-159; s. 5, ch. 97-176; s. 37, ch. 2010-102; s. 5, ch. 2013-14.

August 2021 Commission Meeting 2 Agenda Item 6A August 2021 Commission Meeting 3 Agenda Item 6A August 2021 Commission Meeting 4 Agenda Item 6A August 2021 Commission Meeting 5 Agenda Item 6A August 2021 Commission Meeting 6 Agenda Item 6A August 2021 Commission Meeting 7 Agenda Item 6A Notice of Variances and Waivers

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission RULE NO.: RULE TITLE:

11B-27.002: Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers

NOTICE IS HEREBY GIVEN that on May 14, 2021, the Department of Law Enforcement, received a petition for permanent waiver of rule 11B-27.002(4) by Robert James. Petitioner wishes to waive that portion of the rule that states: (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.

A copy of the Petition for Variance or Waiver may be obtained by contacting: Agency Clerk, Florida Department of Law Enforcement, P.O. Box 1489 Tallahassee, FL, 32302 or by telephone at (850) 410- 7676.

August 2021 Commission Meeting 8 Agenda Item 6A STATE OF FLORIDA CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION

CASE NO. VAR-2021-15

Robert James, Petitioner. ______/

NOTICE OF HEARING

NOTICE IS HEREBY GIVEN that on May 14, 2021, the Department of Law Enforcement, received a petition for permanent waiver of Rule 11B-27.002(4), F.A.C., by Robert James. Petitioner wishes to waive that portion of the rule that states: (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.

The above case will come up for review at the next general meeting of the Criminal Justice Standards and Training Commission to be held on Thursday, August 12, 2021, at the Sawgrass Marriott Golf Resort & Spa, 1000 PGA Tour Boulevard, Ponte Vedra Beach, FL 32082.

If you plan to attend the hearing, please call Assistant General Counsel Chris Bufano at (850) 410- 7676 or email at [email protected], upon receipt of this Notice. Respondents attending the hearing should check in with Commission Staff between 8:00 and 8:30 a.m. The hearing portion of the Commission meeting where your case will come up begins at 8:30 a.m.

NOTE: FIREARMS WILL BE RESTRICTED ON THE PREMISES DURING THE PROCEEDINGS PURSUANT TO FEDERAL AND STATE LAW.

CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing Notice of Hearing has been forwarded by electronic mail (email) to Robert James at this 28th day of June, 2021.

Glen W. Hopkins, Bureau Chief Criminal Justice Professionalism

NOTE TO EMPLOYING AGENCY: You are invited to attend the hearing and you may address the Commission regarding this case. Should you desire to provide written input to the Commission regarding this case, please submit your recommendation to Assistant General Counsel Chris Bufano.

August 2021 Commission Meeting 9 Agenda Item 6A AGENDA ITEM: 6B

Request for Variance or Waiver: Request for a Permanent Waiver of Rule 11B-27.002(4)(a), F.A.C., by Matthew Rojas ISSUE NUMBER 1 This agenda item is presented to the Commission by Matthew Rojas to request a permanent waiver of Rule 11B-27.002(4)(a), F.A.C.

EXECUTIVE SUMMARY 1. Petitioner, Matthew Rojas, is seeking a waiver of Rule 11B-27.002(4), F.A.C., and wishes to waive that portion of the rule that states: (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. 2. Petitioner began basic recruit training on September 26, 2016 and completed the course on March 9, 2017. 3. Petitioner states that he has applied for sworn employment with the Volusia County Sheriff’s Office, Orange County Sheriff’s Office, the Gainesville Police Department, and the Ocala Police Department. FDLE has not received confirmation of this from any of the agencies. 4. Two (2) personal letters of recommendation in support of Mr. Rojas were received by Commission staff and are included in the Commission materials.

RECOMMENDATION(S): Commission staff recommends that the Commission DENY the petition for a permanent waiver of Rule 11B-27.002(4)(a), F.A.C.

VOTING IMPACT CONSEQUENCES OF A “YES” VOTE ON STAFF RECOMMENDATION: Mr. Rojas’ request for a permanent waiver of Rule 11B-27.002(4)(a), F.A.C., shall not be granted and he will not be eligible to become a certified officer.

CONSEQUENCES OF A “NO” VOTE ON STAFF RECOMMENDATION: Mr. Rojas’ request for a permanent waiver of Rule 11B-27.002(4)(a), F.A.C., shall be granted and he shall have 90 days from the date of the final order to gain employment and certification as an officer.

August 2021 Commission Meeting 1 Agenda Item 6B SUPPORTING INFORMATION 1. Rule 11B-27.002(4)(a), F.A.C., Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers, page 2. 2. Section 120.542, F.S., Variances and Waivers, page 2. 3. Petition for Waiver of Rule 11B-27.002(4)(a), F.A.C., by Matthew Rojas, pages 3 - 4. 4. Global Profile Sheet for Matthew Rojas, pages 5 - 6. 5. Letter of Recommendation from Deputy Kaitlyn Dodge-Marra, Orange County Sheriff's Office, dated April 15, 2021, page 7. 6. Letter of Recommendation from Mr. Isaac Minck, former VPS Security Officer, dated May 26, 2021, page 8. 7. Florida Administrative Registry Notice, page 9. 8. Notice of Hearing, page 10.

11B-27.002; Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers. (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. 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.

Section 120.542, F.S., Variances and Waivers, mandates threshold proofs and notice provisions for variances and waivers from agency rules. Subsection (2) of this statute states: Variances and waivers shall be granted when the person subject to the rule demonstrates that the purpose of the underlying statute will be or has been achieved by other means by the person and when application of a rule would create a substantial hardship or would violate principles of fairness. For purposes of this section, “substantial hardship” means a demonstrated economic, technological, legal, or other type of hardship to the person requesting the variance or waiver. For purposes of this section, “principles of fairness” are violated when the literal application of a rule affects a particular person in a manner significantly different from the way it affects other similarly situated persons who are subject to the rule. History.—s. 12, ch. 96-159; s. 5, ch. 97-176; s. 37, ch. 2010-102; s. 5, ch. 2013-14.

August 2021 Commission Meeting 2 Agenda Item 6B August 2021 Commission Meeting 3 Agenda Item 6B August 2021 Commission Meeting 4 Agenda Item 6B August 2021 Commission Meeting 5 Agenda Item 6B August 2021 Commission Meeting 6 Agenda Item 6B April 15, 2021

To Whom It May Concern,

Please consider this letter to be my strong recommendation for Matthew Rojas. During the time that I have had the pleasure of knowing Matthew, he has always showed genuine interest and commitment to working in the Law Enforcement profession.

Matthew would make an excellent Law Enforcement Officer. He is adaptive, willing to learn, grounded and has excellent communication skills and the ability to quickly think on his feet. Furthermore, he has a strong desire for continual learning and for accepting the challenging road ahead of him to become a law enforcement officer.

In addition to his desire to become a Law Enforcement Officer, while attending and after graduating the Law Enforcement Academy; I often enjoy Matthew’s easy and confident communication style. Matthew is a pleasure to frequently interact with and frequently asks insightful questions that display a willingness to learn, and that are productive for his development as a future law enforcement officer.

It is with high confidence that I recommend any Law Enforcement Agency to consider Matthew as a candidate for hire. He would be a benefit to your agency and be a valuable contribution.

If whomever has any further questions, please do not hesitate to contact me.

Sincerely, Deputy Kaitlyn Dodge-Marra Orange County Sheriff's Office UPD, Sector 2; Squad 6 Cell: 248-719-9664 Email: [email protected]

August 2021 Commission Meeting 7 Agenda Item 6B Isaac Minck

May 26, 2021

To whomever it may concern,

I would like to extend the warmest of recommendations to Matthew Rojas, and vouch for his character, work ethic, and integrity. Mr. Rojas was my direct supervisor for approximately one year as a private security officer, and I had the opportunity to spend countless hours working with him. In the time spent working with Mr. Rojas, I witnessed him interact with many different people in his role as a security officer, and later as a security supervisor. One of the things that stood out to me was his maturity. He treated everyone he contacted with the utmost of respect, from wealthy business executives and celebrities to customers coming in for a shopping experience. He was measured and thoughtful when making decisions, and never abused his authority as a security officer or as a supervisor. He was receptive to advice and suggestions from those he worked with and supervised and would often act upon the input he received from his team. The security industry can be cutthroat and contentious, but he worked his hardest to foster a positive team environment in whatever shift he happened to work with. It is with the utmost confidence that I am honored to recommend Matthew Rojas to you. He is an honorable, intelligent, hard working and compassionate person, and would be a fantastic fit at your agency. If you have any other questions pertaining to his character, please do not hesitate to call me at the cell number listed above.

Sincerely, Isaac Minck Former VPS Security Officer

August 2021 Commission Meeting 8 Agenda Item 6B Notice of Variances and Waivers

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission RULE NO.: RULE TITLE:

11B-27.002: Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers

NOTICE IS HEREBY GIVEN that on June 8, 2021, the Department of Law Enforcement, received a petition for permanent waiver of rule 11B-27.002(4) by Mathew Rojas. Petitioner wishes to waive that portion of the rule that states: (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.

A copy of the Petition for Variance or Waiver may be obtained by contacting: Agency Clerk, Florida Department of Law Enforcement, P.O. Box 1489 Tallahassee, FL, 32302 or by telephone at (850) 410- 7676.

August 2021 Commission Meeting 9 Agenda Item 6B STATE OF FLORIDA CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION

CASE NO. VAR-2021-17

Matthew Rojas, Petitioner. ______/

NOTICE OF HEARING

NOTICE IS HEREBY GIVEN that on June 8, 2021, the Department of Law Enforcement, received a petition for permanent waiver of Rule 11B-27.002(4), F.A.C., by Matthew Rojas. Petitioner wishes to waive that portion of the rule that states: (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.

The above case will come up for review at the next general meeting of the Criminal Justice Standards and Training Commission to be held on Thursday, August 12, 2021, at the Sawgrass Marriott Golf Resort & Spa, 1000 PGA Tour Boulevard, Ponte Vedra Beach, FL 32082.

If you plan to attend the hearing, please call Assistant General Counsel Chris Bufano at (850) 410- 7676 or email at [email protected], upon receipt of this Notice. Respondents attending the hearing should check in with Commission Staff between 8:00 and 8:30 a.m. The hearing portion of the Commission meeting where your case will come up begins at 8:30 a.m.

NOTE: FIREARMS WILL BE RESTRICTED ON THE PREMISES DURING THE PROCEEDINGS PURSUANT TO FEDERAL AND STATE LAW.

CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing Notice of Hearing has been forwarded by electronic mail (email) to Matthew Rojas at this 29th day of June, 2021.

Glen W. Hopkins, Bureau Chief Criminal Justice Professionalism

NOTE TO EMPLOYING AGENCY: You are invited to attend the hearing and you may address the Commission regarding this case. Should you desire to provide written input to the Commission regarding this case, please submit your recommendation to Assistant General Counsel Chris Bufano.

August 2021 Commission Meeting 10 Agenda Item 6B AGENDA ITEM: 6C (Amended 7/29/2021)

Request for Variance or Waiver: Request for a Permanent Waiver of Rule 11B-27.002(4)(a), F.A.C., by Myrna Ayala-Simmons ISSUE NUMBER 1 This agenda item is presented to the Commission by Myrna Ayala-Simmons to request a permanent waiver of Rule 11B-27.002(4)(a), F.A.C.

EXECUTIVE SUMMARY 1. Petitioner, Myrna Ayala-Simmons, is seeking a waiver of Rule 11B-27.002(4), F.A.C., and wishes to waive that portion of the rule that states: (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. 2. Petitioner began basic recruit training on August 23, 2016 and completed the course on June 20, 2017. 3. Petitioner states that she has been offered a sworn position with the Broward County Sheriff’s Office contingent upon this Commission’s decision on this waiver petition. FDLE has received supporting documentation to this and it is included in the Commission materials.

RECOMMENDATION(S): Commission staff recommends that the Commission GRANT the petition for a permanent waiver of Rule 11B-27.002(4)(a), F.A.C.

VOTING IMPACT CONSEQUENCES OF A “YES” VOTE ON STAFF RECOMMENDATION: Ms. Ayala-Simmons’ request for a permanent waiver of Rule 11B-27.002(4)(a), F.A.C., shall be granted and she shall have 90 days from the date of the final order to gain employment and certification as an officer.

CONSEQUENCES OF A “NO” VOTE ON STAFF RECOMMENDATION: Ms. Ayala-Simmons’ request for a permanent waiver of Rule 11B-27.002(4)(a), F.A.C., shall not be granted and she will not be eligible to become a certified officer.

August 2021 Commission Meeting 1 Agenda Item 6C Amended 7/29/2021 SUPPORTING INFORMATION 1. Rule 11B-27.002(4)(a), F.A.C., Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers, page 2. 2. Section 120.542, F.S., Variances and Waivers, page 2. 3. Petition for Waiver of Rule 11B-27.002(4)(a), F.A.C., by Myrna Ayala-Simmons, pages 3 - 26. 4. Global Profile Sheet for Myrna Ayala-Simmons, pages 27 - 28. 5. Email response from Myrna Ayala-Simmons to Assistant General Counsel Chris Bufano, Florida Department of Law Enforcement, dated June 30, 2021, pages 29 - 30. 6. Email to Assistant General Counsel Chris Bufano from Assistant Manager Nivea Colin, Broward Sheriff's Office, Selection & Assessment, Bureau of Human Resources, dated June 30, 2021, page 31. 7. Conditional Letter of Employment extended to Myrna Ayala-Simmons from Selection and Assessment Manager Diana M. Viscarra, Broward Sheriff's Office; and email correspondence between Ms. Ayala-Simmons and Assistant General Counsel Bufano and Assistant Manager Colin, dated June July 16, 2021, pages 32 - 36. 8. Florida Administrative Registry Notice, page 37. 9. Notice of Hearing, page 38.

11B-27.002; Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers. (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. 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.

Section 120.542, F.S., Variances and Waivers, mandates threshold proofs and notice provisions for variances and waivers from agency rules. Subsection (2) of this statute states: Variances and waivers shall be granted when the person subject to the rule demonstrates that the purpose of the underlying statute will be or has been achieved by other means by the person and when application of a rule would create a substantial hardship or would violate principles of fairness. For purposes of this section, “substantial hardship” means a demonstrated economic, technological, legal, or other type of hardship to the person requesting the variance or waiver. For purposes of this section, “principles of fairness” are violated when the literal application of a rule affects a particular person in a manner significantly different from the way it affects other similarly situated persons who are subject to the rule. History.—s. 12, ch. 96-159; s. 5, ch. 97-176; s. 37, ch. 2010-102; s. 5, ch. 2013-14.

August 2021 Commission Meeting 2 Agenda Item 6C Amended 7/29/2021 August 2021 Commission Meeting 3 Agenda Item 6C August 2021 Commission Meeting 4 Agenda Item 6C August 2021 Commission Meeting 5 Agenda Item 6C August 2021 Commission Meeting 6 Agenda Item 6C August 2021 Commission Meeting 7 Agenda Item 6C August 2021 Commission Meeting 8 Agenda Item 6C August 2021 Commission Meeting 9 Agenda Item 6C August 2021 Commission Meeting 10 Agenda Item 6C August 2021 Commission Meeting 11 Agenda Item 6C August 2021 Commission Meeting 12 Agenda Item 6C August 2021 Commission Meeting 13 Agenda Item 6C August 2021 Commission Meeting 14 Agenda Item 6C August 2021 Commission Meeting 15 Agenda Item 6C August 2021 Commission Meeting 16 Agenda Item 6C August 2021 Commission Meeting 17 Agenda Item 6C August 2021 Commission Meeting 18 Agenda Item 6C August 2021 Commission Meeting 19 Agenda Item 6C August 2021 Commission Meeting 20 Agenda Item 6C August 2021 Commission Meeting 21 Agenda Item 6C August 2021 Commission Meeting 22 Agenda Item 6C August 2021 Commission Meeting 23 Agenda Item 6C August 2021 Commission Meeting 24 Agenda Item 6C August 2021 Commission Meeting 25 Agenda Item 6C August 2021 Commission Meeting 26 Agenda Item 6C August 2021 Commission Meeting 27 Agenda Item 6C August 2021 Commission Meeting 28 Agenda Item 6C Bufano, Christopher

From: Ayala-Simmons, Myrna Sent: Wednesday, June 30, 2021 11:46 AM To: Bufano, Christopher Subject: RE: Notice of Hearing

CAUTION: This email originated outside of FDLE. Please use caution when opening attachments, clicking links, or responding to this email.

Good Day, Mr. Bufano

I will be forwarding email to Human Resources Assistant Manager Nivea Colin and Manager Diana Viscarra today. I have been given assurances from the HR department that upon getting my certification extended, I will be able to start my position as a Deputy Sheriff with the Broward Sheriff’s Office. They have explained to me that sole reason why I have not been offered a start date at this time is because of the expired certification. Everything else is in place.

I will be happy to make a request for Human Resources to give you a call and clarify all your concerns, pertaining to the 06/09/21 email and my completion of the hiring process on 06/4/21. They will be able to assure you that once my certification is extended, I will be able to start my new position.

Myrna

Myrna

Myrna Ayala-Simmons CCN: 12471 Community Program Supervision Specialist Department of Community Programs– Pretrial Services Division 540 SE 3rd Ave, Suite 2420 Fort Lauderdale, FL 33301 Phone: 954-356-6686 Fax: 954-765-4848 E-Mail: [email protected]

1 August 2021 Commission Meeting 29 Agenda Item 6C

Please note that Florida has a broad public records law, and that all correspondence to me via email may be subject to disclosure.

From: Bufano, Christopher [mailto:[email protected]] Sent: Wednesday, June 30, 2021 11:03 AM To: Ayala‐Simmons, Myrna Subject: RE: Notice of Hearing

[EXTERNAL EMAIL WARNING] This email originated outside Broward Sheriff's Office Email System. Do not reply, click links, or open attachments unless you recognize the sender's email address (not just the name) as legitimate and know the content is safe. Report suspicious email to [email protected].

Ms. Ayala‐Simmons,

I have reviewed the supporting documents that you have sent with you petition for rule waiver. In the email dated June 9, 2021 from BCSO Assistant Manager of Selection and Assessment, it appears that the agency has offered you a sworn position but was unable to provide a start date due to your lapse in time frame for becoming certified. Can you confirm this? Specifically I am asking if the agency is ready to move forward with an official offer and start date should you receive the waiver.

Any information you can provide would be helpful. Please feel free to have someone from BSCO contact me if you feel that would be beneficial.

Chris Bufano Assistant General Counsel Florida Department of Law Enforcement Phone: (850) 410‐7676 Fax: (850) 410‐7699

From: Ayala‐Simmons, Myrna Sent: Wednesday, June 30, 2021 10:24 AM To: Bufano, Christopher Subject: RE: Notice of Hearing

2 August 2021 Commission Meeting 30 Agenda Item 6C August 2021 Commission Meeting 31 Agenda Item 6C August 2021 Commission Meeting 32 Agenda Item 6C August 2021 Commission Meeting 33 Agenda Item 6C

Please note that Florida has a broad public records law, and that all correspondence to me via email may be subject to disclosure.

From: Ayala‐Simmons, Myrna Sent: Friday, July 16, 2021 10:33 AM To: Colin, Nivea Cc: Viscarra, Diana Subject: RE: Requesting a Conditional Letter of Employment

Good Morning , Colin

Ok, I understand. Again, Thank you for all your help in this matter.

Have a safe and bless weekend.

Myrna

Myrna Ayala-Simmons CCN: 12471 Community Program Supervision Specialist Department of Community Programs– Pretrial Services Division 540 SE 3rd Ave, Suite 2420 Fort Lauderdale, FL 33301 Phone: 954-356-6686 Fax: 954-765-4848 E-Mail: [email protected]

2 August 2021 Commission Meeting 34 Agenda Item 6C

Please note that Florida has a broad public records law, and that all correspondence to me via email may be subject to disclosure.

From: Colin, Nivea Sent: Friday, July 16, 2021 10:31 AM To: Ayala‐Simmons, Myrna Cc: Viscarra, Diana Subject: RE: Requesting a Conditional Letter of Employment

Hello Myrna,

Yes, you will need to redo your medical examination because it expires after three months. That is why I included it on the offer letter.

I hope this helps. Good luck with your hearing in August.

Thank you, Nivea

Nivea Colin, MSHRM Broward Sheriff’s Office Assistant Manager – Selection & Assessment | Bureau of Human Resources T: (954) 321 – 4667 | F: (954) 321 – 4815 | E: [email protected]

Please note that Florida has a broad public records law, and that all correspondence sent to me via email may be subject to disclosure.

From: Ayala‐Simmons, Myrna Sent: Friday, July 16, 2021 10:27 AM To: Colin, Nivea Cc: Viscarra, Diana Subject: RE: Requesting a Conditional Letter of Employment

Good Morning , Ms. Colin

I just received your Letter, but it states Medical Examination and Drug test? My Medical Examination and Drug test was taken on 5/12/21. The Doctor faxed all paperwork on 5/14/21 @ 9:00am after getting my TB reading from my arm. Doctor advised me that I passed my Medical Examination and drug test. Do I have to retake it again upon getting my certification extended?

3 August 2021 Commission Meeting 35 Agenda Item 6C

Myrna

Myrna Ayala-Simmons CCN: 12471 Community Program Supervision Specialist Department of Community Programs– Pretrial Services Division 540 SE 3rd Ave, Suite 2420 Fort Lauderdale, FL 33301 Phone: 954-356-6686 Fax: 954-765-4848 E-Mail: [email protected]

Please note that Florida has a broad public records law, and that all correspondence to me via email may be subject to disclosure.

From: Colin, Nivea Sent: Friday, July 16, 2021 9:54 AM To: Ayala‐Simmons, Myrna Cc: Viscarra, Diana Subject: RE: Requesting a Conditional Letter of Employment

Good Morning,

Attached is the requested Conditional Offer of Employment letter.

Thank you, Nivea

4 August 2021 Commission Meeting 36 Agenda Item 6C Notice of Variances and Waivers

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission RULE NO.: RULE TITLE:

11B-27.002: Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers

NOTICE IS HEREBY GIVEN that on June 16, 2021, the Department of Law Enforcement, received a petition for permanent waiver of rule 11B-27.002(4) by Myrna Ayala Simmons. Petitioner wishes to waive that portion of the rule that states: (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.

A copy of the Petition for Variance or Waiver may be obtained by contacting: Agency Clerk, Florida Department of Law Enforcement, P.O. Box 1489 Tallahassee, FL, 32302 or by telephone at (850) 410- 7676.

August 2021 Commission Meeting 37 Agenda Item 6C STATE OF FLORIDA CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION

CASE NO. VAR-2021-18

Myrna Ayala-Simmons, Petitioner. ______/

NOTICE OF HEARING

NOTICE IS HEREBY GIVEN that on June 16, 2021, the Department of Law Enforcement, received a petition for permanent waiver of Rule 11B-27.002(4), F.A.C., by Myrna Ayala-Simmons. Petitioner wishes to waive that portion of the rule that states: (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.

The above case will come up for review at the next general meeting of the Criminal Justice Standards and Training Commission to be held on Thursday, August 12, 2021, at the Sawgrass Marriott Golf Resort & Spa, 1000 PGA Tour Boulevard, Ponte Vedra Beach, FL 32082.

If you plan to attend the hearing, please call Assistant General Counsel Chris Bufano at (850) 410- 7676 or email at [email protected], upon receipt of this Notice. Respondents attending the hearing should check in with Commission Staff between 8:00 and 8:30 a.m. The hearing portion of the Commission meeting where your case will come up begins at 8:30 a.m.

NOTE: FIREARMS WILL BE RESTRICTED ON THE PREMISES DURING THE PROCEEDINGS PURSUANT TO FEDERAL AND STATE LAW.

CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing Notice of Hearing has been forwarded by electronic mail (email) to Myrna Ayala-Simmons at this 29th day of June, 2021.

Glen W. Hopkins, Bureau Chief Criminal Justice Professionalism

NOTE TO EMPLOYING AGENCY: You are invited to attend the hearing and you may address the Commission regarding this case. Should you desire to provide written input to the Commission regarding this case, please submit your recommendation to Assistant General Counsel Chris Bufano.

August 2021 Commission Meeting 3338 Agenda Item 6C AGENDA ITEM: 6D

Request for Variance or Waiver: Petition for a Permanent Waiver of Rule 11B-27.00213(4)(b), F.A.C., by Terrance Maurice Gadson, Jr.

ISSUE NUMBER 1 This agenda item is presented to the Commission by Terrance Maurice Gadson, Jr., to request a permanent waiver of Rule 11B-27.00213(4)(b), F.A.C.

EXECUTIVE SUMMARY 1. Petitioner, Terrance Maurice Gadson, Jr., is seeking a permanent waiver of Rule 11B-27.00213, F.A.C., and wishes to waive that portion of the rule that states: (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: (b) The individual was previously hired on a TEA and has separated from the employing agency or discontinued training while still in good standing, and has had a break-in-service from the last employment for a minimum of four years. 2. Petitioner was previously employed under a Temporary Employment Authorization (TEA) by the Department of Corrections from April 5, 2019 to May, 7, 2019. 3. Petitioner asserts that he is seeking employment with the Martin County Sheriff’s Office as a corrections deputy under a TEA and is in need of this waiver to continue in the employment process.

RECOMMENDATION(S): Commission staff recommends that the Commission GRANT the petition for a permanent waiver of Rule 11B-27.00213(4)(b), F.A.C.

VOTING IMPACT CONSEQUENCES OF A “YES” VOTE ON STAFF RECOMMENDATION: Mr. Gadson’s request for a permanent waiver of Rule 11B-27.00213(4)(b), F.A.C., shall be granted and he shall have 90 days from the date of the final order to gain employment and certification as an officer.

CONSEQUENCES OF A “NO” VOTE ON STAFF RECOMMENDATION: Mr. Gadson’s request for a permanent waiver of Rule 11B-27.00213(4)(b), F.A.C., shall not be granted.

August 2021 Commission Meeting 1 Agenda Item 6D SUPPORTING INFORMATION 1. Rule 11B-27.00213(4)(b), F.A.C., Temporary Employment Authorization, page 2. 2. Section 120.542, F.S., Variances and Waivers, page 2. 3. Petition for Waiver of Rule 11B-27.00213(4)(b), F.A.C., by Terrance Maurice Gadson, Jr., pages 3 - 4. 4. Global Profile Sheet for Terrance Maurice Gadson, Jr., pages 5 - 6. 5. Florida Administrative Registry Notice, page 7. 6. Notice of Hearing, page 8.

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. (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 was previously hired on a TEA and has separated from the employing agency or discontinued training while still in good standing, and has had a break-in-service from the last employment for a minimum of four years. Such individual shall comply with the firearms training requirements pursuant to Rule 11B-35.0024, F.A.C. and Section 943.17(1)(a), F.S., unless the agency administrator has waived such requirements in subsection (2) of this rule section, and shall enroll in a Commission-approved Basic Recruit Training Program within 180 days of employment in the first training program offered in the geographic area, or in the first assigned state training program for a state officer. 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.

Section 120.542, F.S., Variances and Waivers, mandates threshold proofs and notice provisions for variances and waivers from agency rules. Subsection (2) of this statute states: Variances and waivers shall be granted when the person subject to the rule demonstrates that the purpose of the underlying statute will be or has been achieved by other means by the person and when application of a rule would create a substantial hardship or would violate principles of fairness. For purposes of this section, “substantial hardship” means a demonstrated economic, technological, legal, or other type of hardship to the person requesting the variance or waiver. For purposes of this section, “principles of fairness” are violated when the literal application of a rule affects a particular person in a manner significantly different from the way it affects other similarly situated persons who are subject to the rule. History.—s. 12, ch. 96-159; s. 5, ch. 97-176; s. 37, ch. 2010-102; s. 5, ch. 2013-14.

August 2021 Commission Meeting 2 Agenda Item 6D August 2021 Commission Meeting 3 Agenda Item 6D August 2021 Commission Meeting 4 Agenda Item 6D August 2021 Commission Meeting 5 Agenda Item 6D August 2021 Commission Meeting 6 Agenda Item 6D Notice of Variances and Waivers

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission RULE NO.: RULE TITLE:

11B-27.00213: Temporary Employment Authorization

NOTICE IS HEREBY GIVEN that on June 22, 2021, the Department of Law Enforcement, received a petition for permanent waiver of rule 11B-27.00213, F.A.C. by Terrance Maurice Gadson. Petitioner wishes to waive that portion of the rule that states: (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 was previously hired on a TEA and has separated from the employing agency or discontinued training while still in good standing, and has had a break-in-service from the last employment for a minimum of four years.

A copy of the Petition for Variance or Waiver may be obtained by contacting: Agency Clerk, Florida Department of Law Enforcement, P.O. Box 1489 Tallahassee, FL, 32302 or by telephone at (850) 410- 7676.

August 2021 Commission Meeting 7 Agenda Item 6D STATE OF FLORIDA CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION

CASE NO. VAR-2021-19

Terrance Maurice Gadson, Jr., Petitioner. ______/

NOTICE OF HEARING

NOTICE IS HEREBY GIVEN that on June 22, 2021, the Department of Law Enforcement, received a petition for permanent waiver of Rule 11B-27.00213(4)(b), F.A.C., by Terrance Maurice Gadson, Jr. Petitioner wishes to waive that portion of the rule that states: (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 was previously hired on a TEA and has separated from the employing agency or discontinued training while still in good standing, and has had a break-in-service from the last employment for a minimum of four years.

The above case will come up for review at the next general meeting of the Criminal Justice Standards and Training Commission to be held on Thursday, August 12, 2021, at the Sawgrass Marriott Golf Resort & Spa, 1000 PGA Tour Boulevard, Ponte Vedra Beach, FL 32082.

If you plan to attend the hearing, please call Assistant General Counsel Chris Bufano at (850) 410- 7676 or email at [email protected], upon receipt of this Notice. Respondents attending the hearing should check in with Commission Staff between 8:00 and 8:30 a.m. The hearing portion of the Commission meeting where your case will come up begins at 8:30 a.m.

NOTE: FIREARMS WILL BE RESTRICTED ON THE PREMISES DURING THE PROCEEDINGS PURSUANT TO FEDERAL AND STATE LAW.

CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing Notice of Hearing has been forwarded by electronic mail (email) to Terrance Maurice Gadson, Jr., at this 29th day of June, 2021.

Glen W. Hopkins, Bureau Chief Criminal Justice Professionalism

NOTE TO EMPLOYING AGENCY: You are invited to attend the hearing and you may address the Commission regarding this case. Should you desire to provide written input to the Commission regarding this case, please submit your recommendation to Assistant General Counsel Chris Bufano.

August 2021 Commission Meeting 8 Agenda Item 6D AGENDA ITEM: 6E

Request for Variance or Waiver: Request for a Permanent Waiver of Rule 11B-35.002(6)(a), F.A.C., by Andrew Orcutt ISSUE NUMBER 1 This agenda item is presented to the Commission by Andrew Orcutt to request a permanent waiver of Rule 11B-35.002(6)(a), F.A.C.

EXECUTIVE SUMMARY 1. Petitioner, Andrew Orcutt, is seeking a waiver of Rule 11B-35.002(6)(a), F.A.C., and wishes to waive that portion of the rule that states: 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. 2. Petitioner began basic recruit training on January 17, 2017 and completed the course on June 8, 2017. 3. Petitioner is currently a sworn corrections deputy with the Lee County Sheriff’s Office and that agency has provided a letter of support.

RECOMMENDATION(S): Commission staff recommends that the Commission GRANT the petition for a permanent waiver of Rule 11B-35.002(6)(a), F.A.C.

VOTING IMPACT CONSEQUENCES OF A “YES” VOTE ON STAFF RECOMMENDATION: Mr. Orcutt’s request for a permanent waiver of Rule 11B-35.002(6)(a), F.A.C., shall be granted and he shall have 90 days from the date of the final order to gain employment and certification as an officer.

CONSEQUENCES OF A “NO” VOTE ON STAFF RECOMMENDATION: Mr. Orcutt’s request for a permanent waiver of Rule 11B-35.002(6)(a), F.A.C., shall not be granted and he will not be eligible to become a certified officer.

August 2021 Commission Meeting 1 Agenda Item 6E SUPPORTING INFORMATION 1. Rule 11B-35.002(6)(a), F.A.C., Basic Recruit Training Programs for Law Enforcement, Correctional, and Correctional Probation, page 2. 2. Section 120.542, F.S., Variances and Waivers, page 2. 3. Petition for Waiver of Rule 11B-35.002(6)(a), F.A.C., by Andrew Orcutt, pages 3 - 5. 4. Global Profile Sheet for Andrew Orcutt, pages 6 - 7. 5. Letter of support from Cari M. Turner, Human Resource Assistant Director, Lee County Sheriff’s Office, page 8. 6. Florida Administrative Registry Notice, page 9. 7. Notice of Hearing, page 10.

11B-35.002; Basic Recruit Training Programs for Law Enforcement, Correctional, and Correctional Probation. (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. 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.

Section 120.542, F.S., Variances and Waivers, mandates threshold proofs and notice provisions for variances and waivers from agency rules. Subsection (2) of this statute states: Variances and waivers shall be granted when the person subject to the rule demonstrates that the purpose of the underlying statute will be or has been achieved by other means by the person and when application of a rule would create a substantial hardship or would violate principles of fairness. For purposes of this section, “substantial hardship” means a demonstrated economic, technological, legal, or other type of hardship to the person requesting the variance or waiver. For purposes of this section, “principles of fairness” are violated when the literal application of a rule affects a particular person in a manner significantly different from the way it affects other similarly situated persons who are subject to the rule. History.—s. 12, ch. 96-159; s. 5, ch. 97-176; s. 37, ch. 2010-102; s. 5, ch. 2013-14.

August 2021 Commission Meeting 2 Agenda Item 6E Florida Department of Law Enforcement

PO Box 1489

Tallahassee Fl, 32302

850-410-8647

Petition for waiver of Rule 11B-35.002 and 11B-27.002(4)

Andrew Orcutt

FDLE Agency Clerk,

My name is Andrew Orcutt. I have wanted to be in law enforcement for as long as I can remember. I had worked all my life towards that goal. In 2016, I was finally ready to take that plunge and put myself through the law enforcement academy. I worked hard for six months to get ready for and pass the state exam. On June 15th of 2017 I did just that, I passed the state exam. After doing so, I searched for a law enforcement career but ran into some road blocks along the way. I wanted a job with a local law enforcement agency due to health issues and not wanting to move away from family due to this. Also, the Lee County Sheriff's Office was the agency that I really wanted to work for. It has always seemed to me to be a model agency and embodied everything I was looking for in a criminal justice agency.

I have an underlying health issue that would be a disqualifier at most agencies. I have epilepsy. This was the largest issue that I had ran into. Though on paper it would seem that it would be an issue, I am under the care of a physician and have been in remission since late 2015. This has caused me a great amount of stress and personal hardship. I have been seizure free for over five years but I can see that it would be a liability to an agency. I am very fortuneate that the Lee County Sheriff's Office gave me the chance that no others would.

In October of 2017 I had gotten a full time job at Home Depot to help out with expenses at home and to hold me over until I got a job in law enforcement. Also I thought it would behoove me to have a solid work history, so I did not apply very often at this time. And if I had testing for an agency, I could not attend half of the time because of my schedule and not wanting to call out. It would have been unprofessional to do so. And if I had not gone to work, I could have been penalized which would cause

August 2021 Commission Meeting 3 Agenda Item 6E an economic hardship.

When I gained employment with the Lee County Sheriff's Office I was given a position in Corrections, even though at the time I had applied I had my law enforcement certification. Due to Covid, the hiring process was prolonged and my conditional offer was only 10 days before my certification expired. The agency only holds what is termed pre-deployment training every couple of months, so it would have been expired once I gained employment. I was then offered a position in corrections instead. It would create a severe economic hardship to have to retake the basic recruit academy again.

Now, fast forward to October of 2018, I was hired by the Florida Department of Juvenile Justice. I thought this was a good way of getting my feet wet in the criminal justice system. Then in 2020 along came the opportunity of a lifetime when I was informed I was hired by the Lee County Sheriff's Office last year. I was given a conditional offer of employment in January of 2021 but I could not start until the Corrections class 161 started, which was delayed due to Covid. And because all classes are staggered about four months apart, I had to wait. That would have been within the four years since the begining of my law enforcement academy training. However, due to Covid, the academy was shut down for a period of time, thus the classes were pushed back as well. I was then hired February 16th of 2021, which was 30 days after my certification expired. I was to use both Law Enforcement and Corrections certifications while working for the Lee County Sheriff's Office. I had received a letter from the Lee County Sheriff's Office on January 7th that my hire date was February 16th.

Also, I would like to add that the time period for certification is not clear and should play a role in this. I, and my agency, were under the impression that I would be within that time period and had even went as far as scheduled training for this week to keep my certification up to date. Most, if not all, the people I have spoken to in law enforcement are under the impression that it expires four years after taking the state exam. This would make sense since this would be analogous to a lawyer; ie. a lawyer is not a lawyer until they take the bar exam. Also, I have spoken to a few staff members at FDLE and many of them are also under the impression that it expires four years from the date the state exam was taken. It is my belief that there is unsufficient information about this rule and should be taken into consideration. I wish that the confusion can be resolved and this information will help others in the future with more literature on the requrements to become a law enforcement officer in the state of Florida. Though it may be quite clear in the Florida Administrative Code, it has been my experience that this information is not dissiminated to criminal justice agencies. Most I have come in contact with are not aware of the true deadline of expiration. This is not a critique but a statement that I wanted the Florida Department of Law Enforcement to be aware of.

August 2021 Commission Meeting 4 Agenda Item 6E Due to the above reasons, I wish to petition for waiver of rule 11B-35.002. I have worked hard and experienced setbacks during my road to employment. I ask for this waiver due to the above circumstances that were out of my and my agency's control. Also, I would like to emphesize that the date of conditional offer was before my certification expired. And I was not informed that my certification was expired until recently when my agency attempted to register me for training to keep my certification active. Attached is a letter of support from my agency.

Thank you,

Andrew Orcutt

239-248-9660

August 2021 Commission Meeting 5 Agenda Item 6E August 2021 Commission Meeting 6 Agenda Item 6E August 2021 Commission Meeting 7 Agenda Item 6E August 2021 Commission Meeting 8 Agenda Item 6E Notice of Variances and Waivers

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission RULE NO.: RULE TITLE:

11B-35.002: Basic Recruit Training Programs for Law Enforcement, Correctional, and Correctional Probation

NOTICE IS HEREBY GIVEN that on July 07, 2021, the Department of Law Enforcement, received a petition for permanent wavier of Rule 11B-35.002(6)(a) Florida Administrative Code from Andrew Orcutt. Petitioner wishes to waive that portion of the rule that states: 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.

A copy of the Petition for Variance or Waiver may be obtained by contacting: Agency Clerk, Florida Department of Law Enforcement, P.O. Box 1489 Tallahassee, FL, 32302 or by telephone at (850) 410- 7676.

August 2021 Commission Meeting 9 Agenda Item 6E STATE OF FLORIDA CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION

CASE NO. VAR-2021-20

Andrew Orcutt, Petitioner. ______/

NOTICE OF HEARING

NOTICE IS HEREBY GIVEN that on July 7, 2021, the Department of Law Enforcement, received a petition for permanent waiver of Rule 11B-35.002(6)(a) Florida Administrative Code from Andrew Orcutt. Petitioner wishes to waive that portion of the rule that states: 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.

The above case will come up for review at the next general meeting of the Criminal Justice Standards and Training Commission to be held on Thursday, August 12, 2021, at the Sawgrass Marriott Golf Resort & Spa, 1000 PGA Tour Boulevard, Ponte Vedra Beach, FL 32082.

If you plan to attend the hearing, please call Assistant General Counsel Chris Bufano at (850) 410- 7676 or email at [email protected], upon receipt of this Notice. Respondents attending the hearing should check in with Commission Staff between 8:00 and 8:30 a.m. The hearing portion of the Commission meeting where your case will come up begins at 8:30 a.m.

NOTE: FIREARMS WILL BE RESTRICTED ON THE PREMISES DURING THE PROCEEDINGS PURSUANT TO FEDERAL AND STATE LAW.

CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing Notice of Hearing has been forwarded by electronic mail (email) to Andrew Orcutt at this 7th day of July, 2021.

Glen W. Hopkins, Bureau Chief Criminal Justice Professionalism

NOTE TO EMPLOYING AGENCY: You are invited to attend the hearing and you may address the Commission regarding this case. Should you desire to provide written input to the Commission regarding this case, please submit your recommendation to Assistant General Counsel Chris Bufano.

August 2021 Commission Meeting 10 Agenda Item 6E AGENDA ITEM: 6F (Amended 7/27/2021)

Request for Variance or Waiver: Petition for a Permanent Waiver of Rule 11B-27.00213(4)(b), F.A.C., by Guillermo Brignoni

ISSUE NUMBER 1 This agenda item is presented to the Commission by Guillermo Brignoni to request a permanent waiver of Rule 11B-27.00213(4)(b), F.A.C.

EXECUTIVE SUMMARY 1. Petitioner, Guillermo Brignoni, is seeking a permanent waiver of Rule 11B-27.00213, F.A.C., and wishes to waive that portion of the rule that states: (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 was previously hired on a TEA and has separated from the employing agency or discontinued training while still in good standing, and has had a break-in-service from the last employment for a minimum of four years. 2. Petitioner was previously employed under a Temporary Employment Authorization (TEA) by the Department of Corrections from April 3, 2020 to December 12, 2020. 3. Petitioner asserts that he is again seeking employment as a corrections officer under a second TEA and is in need of this waiver to continue in the employment process.

RECOMMENDATION(S): Commission staff recommends that the Commission GRANT the petition for a permanent waiver of Rule 11B-27.00213(4)(b), F.A.C.

VOTING IMPACT CONSEQUENCES OF A “YES” VOTE ON STAFF RECOMMENDATION: Mr. Brignoni’s request for a permanent waiver of Rule 11B-27.00213(4)(b), F.A.C., shall be granted and he shall have 90 days from the date of the final order to gain employment and certification as an officer.

CONSEQUENCES OF A “NO” VOTE ON STAFF RECOMMENDATION: Mr. Brignoni’s request for a permanent waiver of Rule 11B-27.00213(4)(b), F.A.C., shall not be granted.

August 2021 Commission Meeting 1 Agenda Item 6F Amended 7/27/2021 SUPPORTING INFORMATION 1. Rule 11B-27.00213(4)(b), F.A.C., Temporary Employment Authorization, page 2. 2. Section 120.542, F.S., Variances and Waivers, page 2. 3. Petition for Waiver of Rule 11B-27.00213(4)(b), F.A.C., by Guillermo Brignoni, pages 3 - 4. 4. Global Profile Sheet for Guillermo Brignoni, pages 5 - 6. 5. Florida Administrative Registry Notice, page 7. 6. Notice of Hearing, page 8.

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. (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 was previously hired on a TEA and has separated from the employing agency or discontinued training while still in good standing, and has had a break-in-service from the last employment for a minimum of four years. Such individual shall comply with the firearms training requirements pursuant to Rule 11B-35.0024, F.A.C. and Section 943.17(1)(a), F.S., unless the agency administrator has waived such requirements in subsection (2) of this rule section, and shall enroll in a Commission-approved Basic Recruit Training Program within 180 days of employment in the first training program offered in the geographic area, or in the first assigned state training program for a state officer. 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.

Section 120.542, F.S., Variances and Waivers, mandates threshold proofs and notice provisions for variances and waivers from agency rules. Subsection (2) of this statute states: Variances and waivers shall be granted when the person subject to the rule demonstrates that the purpose of the underlying statute will be or has been achieved by other means by the person and when application of a rule would create a substantial hardship or would violate principles of fairness. For purposes of this section, “substantial hardship” means a demonstrated economic, technological, legal, or other type of hardship to the person requesting the variance or waiver. For purposes of this section, “principles of fairness” are violated when the literal application of a rule affects a particular person in a manner significantly different from the way it affects other similarly situated persons who are subject to the rule. History.—s. 12, ch. 96-159; s. 5, ch. 97-176; s. 37, ch. 2010-102; s. 5, ch. 2013-14.

August 2021 Commission Meeting 2 Agenda Item 6F Amended 7/27/2021 Florida Department of Law Enforcement

Agency Clerk – Office of the General Counsel

2331 Phillips Road

Tallahassee, Florida 32308

RE: PETITION FOR WAIVER OF RULE 11B- 27.00213 TEMPORARY EMPLOYMENT AUTHORIZATION

Dear FDLE Agency Clerk: I am requesting a waiver of rule 11B-27.00213 Temporary Employment Authorization. My petition pertains to section (4)(b) which prohibits someone being employed on a second Temporary Employment authorization within four years of the previous one.I did attend an approved training course, but due to family issues I had to resign from my position at Desoto Annex in Arcadia, Florida. I attended the training course at the Desoto Annex and completed my courses on November 3,2020, except for one and I was to complete that course the following month. I was unable to complete this course due to the following hardships with my children and family. I am a father of two, I have a nine-year-old son and a six-year-old daughter, in which I share 50/50 shared custody with their mother. Prior, to starting the academy I was working day shift 12 hour shifts from 7am to 7pm and every other weekend. In order to make this work, I arranged a schedule with the children’s mother and my family to make a schedule that works, so I was able to attend work with no difficulties. During the academy, the schedule with the children continued to work and I was able to attend the academy, except for two days where I developed pink eye and was out of work, with a doctor’s medical note excuse. After completing my Academy, I was placed back into the Annex with a new schedule, with a notification less than two weeks. Unfortunately, I was switched to a different shift which was night shift 7pm-7am, resulting in

August 2021 Commission Meeting 3 Agenda Item 6F opposite weekends and working nights. I have two children who I share custody 50/50. I had changed my schedule previously with the children’s mother, so I was able to attend work. Due to my schedule change on such short notice, I was unable to find a babysitter resulting in multiple call-offs, ultimately leading to my resignation. I had discussed my issue with management, and nothing was able to be done due to short staffing on the shift I was on. Law enforcement is the career I have such desire for, and I so eagerly want to work in this job setting. I recently applied for a job with Hardee Prison and was denied, because it has not been four years. I am very hopeful and wanting to be granted this emergency waiver so I can resume working in a career that I love to do. Since my resignation, I have kept up on all required medical, physical and other requirements so I can proceed with employment if my waiver has been granted. I have sufficiently trained and done my courses in the academy so I can go forward with my certification and career, and if my waiver is granted, I will continue to do so. I am requesting for my hold time to be lifted, so I can have enough time to be hired, finish my courses at a FDLE approved training and become employed. I have worked extremely hard and will continue to so I can be the best I can be in law enforcement.

August 2021 Commission Meeting 4 Agenda Item 6F 07/08/2021 Florida Department of Law Enforcement Global Profile Sheet Name: Guillermo Brignoni IV Race: His Sex: M Education: High School

Employment Agency Class Type Start Date Sep. Date Sep. Reason TEA FP Date Voluntary Department Of Separation (Not Corr FT 04/03/2020 12/04/2020 Y 03/19/2020 Corrections involving misconduct)

Salary Incentive Basic LE Education Career Dev. Maximum Eligible

$0 $0 $0 $0

Mandatory Firearms Qualification Law Enforcement Officer Firearms Qualification Standard No Firearms found for this person

Certification Mand. Ret. Mand. Ret. 4 Year Break in Type Number Status Cert. Date Due Date Completion Date Service No Certificate Records found for this person

Topic Topic Topic Date Recert Date Status Met Req There is no topic information available for this person

Exam Type Date Form Overall Amended No Exam Record found for this person

Type Date Form Vendor Overall Expiration BATLE 01/30/2018 07LE1 Industrial/organizational Solutions Fail

August 2021 Commission Meeting 5 Agenda Item 6F Guillermo Brignoni 1 Type Date Form Vendor Overall Expiration BATCORR 06/18/2020 Form3 Industrial/organizational Solutions Pass 06/18/2024

Equivalency Application Decision Approval Advised Date Agency Discipline Status Exp Date Date Date Authority No Equivalency Records found for this person

Training

Hours Start Date End Date Sequence Version Type MR/SI Title Grade Taught 66-2020-1190- Florida C M S Correctional B 08/31/2020 11/03/2020 2020.07 BCORR I 420 124 R T P

WMD/ICS Training for Certified Law Enforcement Officers Training Name Completion Date

Weapons of Mass Destruction(WMD) Not Completed Incident Command System (ICS) Not Completed

August 2021 Commission Meeting 6 Agenda Item 6F Guillermo Brignoni 2 Notice of Variances and Waivers

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission RULE NO.: RULE TITLE:

11B-27.00213: Temporary Employment Authorization

NOTICE IS HEREBY GIVEN that on July 07, 2021, the Department of Law Enforcement, received a petition for permanent waiver of rule 11B-27.00213, F.A.C. by Guillermo Brignoni. Petitioner wishes to waive that portion of the rule that states: (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 was previously hired on a TEA and has separated from the employing agency or discontinued training while still in good standing, and has had a break-in-service from the last employment for a minimum of four years.

A copy of the Petition for Variance or Waiver may be obtained by contacting: : Agency Clerk, Florida Department of Law Enforcement, P.O. Box 1489 Tallahassee, FL, 32302 or by telephone at (850) 410- 7676.

August 2021 Commission Meeting 7 Agenda Item 6F STATE OF FLORIDA CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION

CASE NO. VAR-20-2021

Guillermo Brignoni, Petitioner. ______/

NOTICE OF HEARING

NOTICE IS HEREBY GIVEN that on July 7, 2021, the Department of Law Enforcement, received a petition for permanent waiver of Rule 11B-27.00213(4)(b), F.A.C., by Guillermo Brignoni. Petitioner wishes to waive that portion of the rule that states: (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 was previously hired on a TEA and has separated from the employing agency or discontinued training while still in good standing, and has had a break-in-service from the last employment for a minimum of four years.

The above case will come up for review at the next general meeting of the Criminal Justice Standards and Training Commission to be held on Thursday, August 12, 2021, at the Sawgrass Marriott Golf Resort & Spa, 1000 PGA Tour Boulevard, Ponte Vedra Beach, FL 32082.

If you plan to attend the hearing, please call Assistant General Counsel Chris Bufano at (850) 410- 7676 or email at [email protected], upon receipt of this Notice. Respondents attending the hearing should check in with Commission Staff between 8:00 and 8:30 a.m. The hearing portion of the Commission meeting where your case will come up begins at 8:30 a.m.

NOTE: FIREARMS WILL BE RESTRICTED ON THE PREMISES DURING THE PROCEEDINGS PURSUANT TO FEDERAL AND STATE LAW.

CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing Notice of Hearing has been forwarded by electronic mail (email) to Guillermo Brignoni, at this 15th day of July, 2021.

Glen W. Hopkins, Bureau Chief Criminal Justice Professionalism

NOTE TO EMPLOYING AGENCY: You are invited to attend the hearing and you may address the Commission regarding this case. Should you desire to provide written input to the Commission regarding this case, please submit your recommendation to Assistant General Counsel Chris Bufano.

August 2021 Commission Meeting 8 Agenda Item 6F AGENDA ITEM: 6G (Addendum 7/29/2021)

Petition for Temporary Waiver of Rules 11B-21.005(3) and 11B-35.0010(1), F.A.C., by Director William J. Romine, Chairman, Training Center Directors Association, on behalf of Statewide CJSTC Training Center Directors

ISSUE NUMBER 1 This agenda item is presented to the Commission by Director William J. Romine, Chairman, Training Center Directors Association, on behalf of statewide CJSTC Training Center Directors to request a temporary waiver of Rules 11B-21.005(3) and 11B-35.0010(1), F.A.C.

EXECUTIVE SUMMARY 1. On behalf of all of the Criminal Justice Standards and Training Commission (CJSTC) certified academies, Director Jay Romine is requesting a waiver of Rules 11B-21.005(3) and 11B-35.0010(1), F.A.C. These waivers are necessary in order ensure training centers certified by the CJSTC are able to continue to deliver certain specified portions of law enforcement, corrections, correctional probation basic recruit and cross-over curriculums in a format other than in a classroom, “face-to-face” setting during this ongoing COVID-19 situation. 2. Rule 11B-21.005(3), F.A.C., requires the training centers to comply with the classroom facility and equipment requirements set forth in the Training School Classroom Facility Requirements, form CJSTC-205, revised October 30, 2008. The purpose of waiving this rule is to extend permission to allow recruits to sit for instruction at locations other than designated CJSTC approved classrooms. 3. Rule 11B-35.0010(1), F.A.C., only allows training schools to use eLearning instruction for Commission approved Specialized Training Program Courses and Specialized Instructor Courses, and courses created from Specialized Goals and Objectives. The purpose of waiving this rule is to extend the permission to utilize eLearning delivery for certain basic recruit classes as well, during this crisis period. 4. If the waiver is granted, CJSTC certified training centers will be allowed to offer training in eLearning format without classroom requirements in all areas of the basic recruit curriculum during this state of emergency except for the following: • Vehicle Operations (if applicable) • Defensive Tactics • Firearms • First Aid • Proficiency portion of DUI Traffic Stops • Physical Fitness

RECOMMENDATION(S): Commission staff recommends that the Commission GRANT the petition for a temporary waiver of Rules 11B-21.005(3) and 11B-35.0010(1), F.A.C., until February 18, 2022.

August 2021 Commission Meeting 1 Agenda Item 6G Addendum 7/29/2021 VOTING IMPACT CONSEQUENCES OF A “YES” VOTE ON STAFF RECOMMENDATION: Director Romine’s request for a temporary waiver of Rules 11B-21.005(3) and 11B-35.0010(1), F.A.C., shall be granted and CJSTC certified training centers will be allowed to offer training in eLearning format without classroom requirements in specified areas of the basic recruit curriculum during this state of emergency.

CONSEQUENCES OF A “NO” VOTE ON STAFF RECOMMENDATION: Director Romine’s request for a temporary waiver of Rules 11B-21.005(3) and 11B-35.0010(1), F.A.C., shall not be granted and training centers will not be able to continue to deliver certain specified portions of law enforcement, corrections, and correctional probation basic recruit and cross-over curriculums during this emergency situation.

SUPPORTING INFORMATION 1. Rule 11B-21.005(3), F.A.C., Criminal Justice Training School Requirements for Certification and Re- certification, pages 2 - 4. 2. Rule 11B-35.0010(1), F.A.C., eLearning Instruction, page 5. 3. Section 120.542, F.S., Variances and Waivers, page 6. 4. Petition for Waiver of Rules 11B-21.005(3) and 11B-35.0010(1), F.A.C., pages 7 - 12. 5. Florida Administrative Registry Notices, pages 13 - 14. 6. Notice of Hearing, page 15.

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 October 30, 2008, hereby incorporated by reference. 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 10, 2017, effective 8/2018, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-09683. 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.

August 2021 Commission Meeting 2 Agenda Item 6G Addendum 7/29/2021 (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 10, 2017, effective 8/2018, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-09684. 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 10, 2017, effective 8/2018, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-09682. 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 firearms instructor 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 10, 2018, effective 8/2018, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-09685. 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 October 30, 2008, hereby incorporated by reference. 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

August 2021 Commission Meeting 3 Agenda Item 6G Addendum 7/29/2021 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 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. (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. 1. 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. 2. Driving ranges, firearms ranges, and defensive tactics facilities shall not be used for Commission training until approved by Commission staff. 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.

August 2021 Commission Meeting 4 Agenda Item 6G Addendum 7/29/2021 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: 1. Management of users, roles, courses, and instructors. 2. Manager approval. 3. Student messaging and notifications. 4. Assembly and delivery of learning resources utilizing the Shareable Content Object Reference Model (SCORM). 5. Navigation of course sequence. 6. Collaborative learning (e.g., application sharing, discussion threads). 7. On-line assessment. 8. Display of scores and transcripts. 9. Grading of coursework and roster processing. 10. Collection and preservation of student activity and performance data. 11. 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. 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.

August 2021 Commission Meeting 5 Agenda Item 6G Addendum 7/29/2021 Section 120.542, F.S., Variances and Waivers, mandates threshold proofs and notice provisions for variances and waivers from agency rules. Subsection (2) of this statute states: Variances and waivers shall be granted when the person subject to the rule demonstrates that the purpose of the underlying statute will be or has been achieved by other means by the person and when application of a rule would create a substantial hardship or would violate principles of fairness. For purposes of this section, “substantial hardship” means a demonstrated economic, technological, legal, or other type of hardship to the person requesting the variance or waiver. For purposes of this section, “principles of fairness” are violated when the literal application of a rule affects a particular person in a manner significantly different from the way it affects other similarly situated persons who are subject to the rule. History.—s. 12, ch. 96-159; s. 5, ch. 97-176; s. 37, ch. 2010-102; s. 5, ch. 2013-14.

August 2021 Commission Meeting 6 Agenda Item 6G Addendum 7/29/2021 Petition for Waiver of Rule 11B-35.0010(1) and 11B-21.005(3), Florida Administrative Code

Director William J. Romine – Chairman, Training Center Directors Association - Primary Petitioner

Manatee Technical College Criminal Justice Academy

Joint Petitioners: Director Linda Wood Broward College

Major Steve Robson Broward County Sheriff’s Office Institute for Criminal Justice Studies

Director Jamie McAllister Chipola College Criminal Justice Training Center

Director David Vincent Citrus County Public Safety Training Center

Director Charles McIntosh College of Central Florida Criminal Justice Institute

Director Guy Samuelson Criminal Justice Academy of Osceola

Director Jessica Paugh Daytona State College School of Emergency Services

Director Steve Salvo Eastern Florida State College Public Safety Institute

Director Nicole Taylor Florida Department of Corrections Staff Development and Training

Major Dennis Post Florida Fish and Wildlife Conservation Commission Law Enforcement Training Center

Director John Jewett Florida Gateway College Public Service Training Center at Olustee

Director Kelly Hildreth Florida Highway Patrol Training Academy

Director Catherine Torres The College of the Florida Keys Institute for Public Safety

Director Greg Hutching Florida Panhandle Technical College Public Safety Institute

August 2021 Commission Meeting 7 Agenda Item 6G Addendum 7/29/2021 Director Greg Moody George Stone Technical College Criminal Justice Training Center

Director Bruce Harber Gulf Coast State College Criminal Justice Training Academy Division of Public Safety

Director John Meeks Hillsborough Community College Campus Criminal Justice Institute

Director Wendy Morse Indian River State College Criminal Justice Institute

Director Mike Bond Lake Technical College Criminal Justice Academy

Director Billy Duckett Manatee Sheriff’s Office Training Center

Major Um Set Ramos Miami Police Training Center

Director Carlos Gonzalez Miami-Dade Public Safety Training Institute

Interim Director Wesley Fox Miami-Dade College School of Justice

Director Rick Davis North Florida College Public Safety Academy

Director Travis Cox Northeast Florida Criminal Justice Center

Dr. Jeffery M. McGill Northwest Florida State College Criminal Justice Training Center

Director Vince Morton Palm Beach State College Criminal Justice Institute

Director Jennie Jones Pasco-Hernando State College Public Service Technology Center

Director Theresa Garcia Polk State College Kenneth C. Thompson Institute of Public Safety

Director Jerry Hunter Santa Fe College Institute of Public Safety

Director Alex Toth Seminole State College Center for Public Safety

August 2021 Commission Meeting 8 Agenda Item 6G Addendum 7/29/2021 Director John McLaughlin South Florida State College Criminal Justice Academy

Director Todd Everly Southwest Florida Public Safety Academy

Director Tim Adams St. Johns River State College Criminal Justice Training Program

Interim Director Robert Polk St. Petersburg College Southeastern Public Safety Institute

Director Sandy Hotwagner Suncoast Technical College Criminal Justice Academy

Director Steven Outlaw Tallahassee Community College Florida Public Safety Institute Pat Thomas Law Enforcement Academy

Director Rob Pigman Valencia College Criminal Justice Institute

Director Brian Bosco Volusia Sheriff’s Office Training Academy

Rule Waiver Requested for 11B-35.0010(1) and 11B-21.005(3), F.A.C.

As a result of the growing health concerns surrounding the Novel Coronavirus Disease (COVID-19), the Florida Criminal Justice Training Center Director’s Association Chairman Jay Romine comes forth on behalf of all of the Criminal Justice Standards & Training Commission (CJSTC) certified academies to request a waiver of Rule 11B- 35.0010(1) and 11B-21.005(3). These waivers are necessary in order ensure training centers certified by the CJSTC are able to continue to deliver certain specified portions of law enforcement, corrections, correctional probation basic recruit and cross-over curriculums in a format other than in a classroom, “face-to-face” setting during this situation. This is necessary to stay within CDC recommendations but still allowing training of mission critical criminal justice recruits.

Rule 11B-35.0010(1) F.A.C. only allows training schools to use eLearning instruction for Commission approved Specialized Training Program Courses and Specialized Instructor Courses, and courses created from Specialized Goals and Objectives. The purpose of waiving this rule is to extend the permission to utilize eLearning delivery for certain basic recruit classes as well, during this period.

While many sections in the basic recruit curriculum require hands-on demonstration type training and all sections are designed to be administered via face-to-face format, there are certain sections and portions of sections in non-high liability courses that could be administered through eLearning. This would be an emergency type action as the current situation will inevitably put an increased strain on the August 2021 Commission Meeting 9 Agenda Item 6G Addendum 7/29/2021 criminal justice agencies already dealing with staff shortages. This action will allow current and new recruits the ability to move forward with their training and help prevent longer delays in academy completion. Any courses offered at CJSTC-certified training centers will still be required to abide by attendance and end of course exam requirements already in rule, as they can be adhered to via eLearning under the current rule language. If granted, this waiver will be temporary and will expire on February 18, 2022.

Rule 11B-21.005(3) F.A.C. 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 October 30, 2008, hereby incorporated by reference. The purpose of waiving this rule is to extend permission to allow recruits to sit for instruction at locations other than designated CJSTC approved classrooms.

One of the main issues with the current situation is the recommendation of limiting the congregation of people. Waiver of this rule is necessary to allow recruits to receive training at non-traditional locations that cannot be monitored individually by staff. Waiver of this rule will allow the training centers to deliver the curriculum to multiple recruits without violating the CDC recommendations. If granted, this waiver will also be temporary and will expire on February 18, 2022.

Purpose of Petition:

The purpose of the underlying statutes and rules are to ensure that all certified officers in the state are adequately trained. It is our belief that allowing eLearning and non-traditional classroom training methods will, during this situation, fulfill the requirements of these statutes and rules.

Type of Action Petitioner requests from the Commission:

I respectfully request the Commission approve and recognize: Waiver of rule 11B-35.0010(1) and 11B-21.005(3), F.A.C. so that CJSTC-certified training centers will be allowed to offer training in eLearning format, without classroom requirements, in all areas of the basic recruit curriculum during this state of emergency except for the following: • Vehicle Operations (if applicable) • Defensive Tactics • Firearms • First Aid • Proficiency portion of DUI Traffic Stops • Physical Fitness

Facts that Justify a Waiver or Variance:

CJSTC-certified academies recognize the importance of face-to-face learning, but understand that during this period of increased COVID cases, agencies need recruits trained even more so than before. With this understanding, many if not all academies have the ability and technology to deliver training via

August 2021 Commission Meeting 10 Agenda Item 6G Addendum 7/29/2021 eLearning techniques and will be able to stay in compliance with all other applicable statutes and rules until this situation has passed.

How Application of the rule creates a substantial hardship or violates principles of fairness:

Currently there are training centers that are prohibited from delivering in person instruction due to policy or CDC exposure guidelines. Criminal justice agencies are already dealing with staff shortages, and not having new recruits and Temporary Employment Authorization Officers (TEA’s) moving forward in the training process during this period will only exacerbate the shortages. Not allowing waiver of these rules will create a hardship on criminal justice agencies and training academies who will fall possibly months behind on recruit training.

Whether the waiver is permanent or temporary:

I respectfully request a temporary rule waiver of rule 11B-35.0010(1) and 11B-21.005(3), F.A.C. I request the waiver on behalf of all CJSTC-certified training centers and request said waivers be implemented immediately upon approval by the Commission and remain in effect until February 18, 2022.

Submitted to: Glen Hopkins, Bureau Chief of Standards Criminal Justice Standards and Training Commission Florida Department of Law Enforcement P.O. Box 1489 Tallahassee, FL 32302-1489

By Petitioner: Jay Romine, Chairman, TCDA

August 2021 Commission Meeting 11 Agenda Item 6G

Addendum 7/29/2021 TRAINING SCHOOL

Florida Department of CLASSROOM FACILITY AND CJSTC Law Enforcement EQUIPMENT REQUIREMENTS 205 Incorporated by Reference in Rule 11B-21.005(3), F.A.C.

TRAINING SCHOOL REVIEWER DATE and TIME

Location:

Commission-certified training schools shall comply with the following facility and equipment requirements pursuant to Rule 11B-21.005, F.A.C.:

1. The training school shall maintain on file at the training school, form CJSTC-205, for inspection by Commission staff to verify compliance with the Commission’s facility requirements.

2. The training school shall provide a classroom with a minimum of 20 square feet of floor space for each student when lecture training. Each classroom utilized for criminal justice training with a capacity of 50 or more students shall have a posted occupancy level.

3. Each classroom shall be equipped with an adult size desk and chair, or table, or chair combination thereof for each student.

4. Each classroom shall provide heating and cooling that is operable and properly maintained.

5. Each classroom window shall be fitted with shades or blinds capable of reducing ambient light for viewing of visual aids.

6. The school shall make available, as needed, the following instructional aid equipment for each classroom:

a. Chalkboard or dry erase board (minimum of 10 feet) e. Video recorder b. Projection screen (minimum of 10 feet) f. TV or Computer monitor c. Computer (PC or Laptop) g. LCD Projector d. Overhead projector h. Flip Chart Stand, Flip Charts, & Markers i. DVD Player

7. The training school shall provide space, which shall include a desk and chair, for use by adjunct instructors.

8. The training school shall provide secured storage space for criminal justice equipment and materials.

9. The training school shall provide access to resources and supplemental reference materials for the subjects instructed, and shall include supplementary reference material for use by students and faculty.

In Compliance Not In Compliance Corrected on site by the Field Specialist

Rule Violation: , F.A.C.

Comments:

Field Specialist’s Signature: Date:

Training Center Director or Coordinator or Instructor Signature: Date:

Created 10/1/1993 Original-FDLE 1st Copy – Training School 1 of 1 2nd Copy – Field Representative Commission-Approved Revisions: 10/30/2008 Form Effective Date: 9/28/2009 August 2021 Commission Meeting 12 Agenda Item 6G

Addendum 7/29/2021 Notice of Variances and Waivers

DEPARTMENT OF LAW ENFORCEMENT Criminal Justice Standards and Training Commission

RULE NO.: RULE TITLE: 11B-35.0010: eLearning Instruction

NOTICE IS HEREBY GIVEN that on July 29, 2021, the Department of Law Enforcement, received a petition for temporary waiver of rule 11B-35.0010, F.A.C. by Director William J. Romine – Chairman, Training Center Directors Association. Petitioner wishes to waive that portion of the rule that states: (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. A copy of the Petition for Variance or Waiver may be obtained by contacting: Dana Kelly, Agency Clerk, Florida Department of Law Enforcement, P.O. Box 1489 Tallahassee, FL, 32302 or by telephone at (850) 410-7676.

August 2021 Commission Meeting 13 Agenda Item 6G Addendum 7/29/2021 Notice of Variances and Waivers

DEPARTMENT OF LAW ENFORCEMENT Criminal Justice Standards and Training Commission

RULE NO.: RULE TITLE: 11B-21.005: Criminal Justice Training School Requirements for Certification and Re-certification

NOTICE IS HEREBY GIVEN that on July 29, 2021, the Department of Law Enforcement, received a petition for temporary waiver of rule 11B-21.005, F.A.C. by Director William J. Romine – Chairman, Training Center Directors Association. Petitioner wishes to waive that portion of the rule that states: (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 October 30, 2008.

A copy of the Petition for Variance or Waiver may be obtained by contacting: Dana Kelly, Agency Clerk, Florida Department of Law Enforcement, P.O. Box 1489 Tallahassee, FL, 32302 or by telephone at (850) 410-7676.

August 2021 Commission Meeting 14 Agenda Item 6G Addendum 7/29/2021 STATE OF FLORIDA CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION

CASE NO. VAR-2021-23

Director William J. Romine, Chairman Training Center Directors Association, on behalf of Statewide CJSTC Training Center Directors, Petitioner. ______/

NOTICE OF HEARING

NOTICE IS HEREBY GIVEN that on July 29, 2021, the Department of Law Enforcement, received from Director William J. Romine, Chairman, Training Center Directors Association, a petition for temporary waiver. Petitioner wishes to waive Rule 11B-21.005(3), F.A.C., that states: 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 October 30, 2008; and waive Rule 11B-35.0010(1), F.A.C., that states: 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.

The above case will come up for review at the next general meeting of the Criminal Justice Standards and Training Commission to be held on Thursday, August 12, 2021, at the Sawgrass Marriott Golf Resort & Spa, 1000 PGA Tour Boulevard, Ponte Vedra Beach, FL 32082.

If you plan to attend the hearing, please call Assistant General Counsel Chris Bufano at (850) 410- 7676 or email at [email protected], upon receipt of this Notice. Respondents attending the hearing should check in with Commission Staff between 8:00 and 8:30 a.m. The hearing portion of the Commission meeting where your case will come up begins at 8:30 a.m.

NOTE: FIREARMS WILL BE RESTRICTED ON THE PREMISES DURING THE PROCEEDINGS PURSUANT TO FEDERAL AND STATE LAW.

CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing Notice of Hearing has been forwarded by electronic mail (email) to Director William J. Romine, at [email protected]; this 30th day of July, 2021.

Glen W. Hopkins, Bureau Chief Criminal Justice Professionalism

NOTE TO EMPLOYING AGENCY: You are invited to attend the hearing and you may address the Commission regarding this case. Should you desire to provide written input to the Commission regarding this case, please submit your recommendation to Assistant General Counsel Chris Bufano.

August 2021 Commission Meeting 15 Agenda Item 6G Addendum 7/29/2021 AGENDA ITEM: 6H (Addendum 7/29/2021)

Request for Variance or Waiver: Request for a Permanent Waiver of Rule 11B-27.002(4)(a), F.A.C., by Kevin James ISSUE NUMBER 1 This agenda item is presented to the Commission by Kevin James to request a permanent waiver of Rule 11B-27.002(4)(a), F.A.C.

EXECUTIVE SUMMARY 1. Petitioner, Kevin James, is seeking a waiver of Rule 11B-27.002(4), F.A.C., and wishes to waive that portion of the rule that states: (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. 2. Petitioner began basic recruit training on February 6, 2017 and completed the course on October 12, 2017. 3. Petitioner has been offered sworn employment with the Florida Department of Law Enforcement and a letter (email) of support from the Department is included in the materials.

RECOMMENDATION(S): Commission staff recommends that the Commission GRANT the petition for a permanent waiver of Rule 11B-27.002(4)(a), F.A.C.

VOTING IMPACT CONSEQUENCES OF A “YES” VOTE ON STAFF RECOMMENDATION: Mr. James’ request for a permanent waiver of Rule 11B-27.002(4)(a), F.A.C., shall be granted and he shall have 90 days from the date of the final order to gain employment and certification as an officer.

CONSEQUENCES OF A “NO” VOTE ON STAFF RECOMMENDATION: Mr. James’ request for a permanent waiver of Rule 11B-27.002(4)(a), F.A.C., shall not be granted and he will not be eligible to become a certified officer.

August 2021 Commission Meeting 1 Agenda Item 6H Addendum 7/29/2021 SUPPORTING INFORMATION 1. Rule 11B-27.002(4)(a), F.A.C., Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers, page 2. 2. Section 120.542, F.S., Variances and Waivers, page 2. 3. Petition for Waiver of Rule 11B-27.002(4)(a), F.A.C., by Kevin James, pages 3 - 4. 4. Global Profile Sheet for Kevin James, pages 5 - 6. 5. Email to Bureau Chief Glen Hopkins of the Florida Department of Law Enforcement, Criminal Justice Professionalism Division, Bureau of Standards; from Bureau Chief Joy Brady of the Florida Department of Law Enforcement, Human Resource Management Division, dated July 29, 2021, page 7. 6. Florida Administrative Registry Notice, page 8. 7. Notice of Hearing, page 9.

11B-27.002; Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers. (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. 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.

Section 120.542, F.S., Variances and Waivers, mandates threshold proofs and notice provisions for variances and waivers from agency rules. Subsection (2) of this statute states: Variances and waivers shall be granted when the person subject to the rule demonstrates that the purpose of the underlying statute will be or has been achieved by other means by the person and when application of a rule would create a substantial hardship or would violate principles of fairness. For purposes of this section, “substantial hardship” means a demonstrated economic, technological, legal, or other type of hardship to the person requesting the variance or waiver. For purposes of this section, “principles of fairness” are violated when the literal application of a rule affects a particular person in a manner significantly different from the way it affects other similarly situated persons who are subject to the rule. History.—s. 12, ch. 96-159; s. 5, ch. 97-176; s. 37, ch. 2010-102; s. 5, ch. 2013-14.

August 2021 Commission Meeting 2 Agenda Item 6H Addendum 7/29/2021 August 2021 Commission Meeting 3 Agenda Item 6H Addendum 7/29/2021 August 2021 Commission Meeting 4 Agenda Item 6H Addendum 7/29/2021 August 2021 Commission Meeting 5 Agenda Item 6H Addendum 7/29/2021 August 2021 Commission Meeting 6 Agenda Item 6H Addendum 7/29/2021 From: Hopkins, Glen To: Gainous-Harris, Joyce Subject: FW: Special Agent Trainee Kevin James - FDLE Date: Thursday, July 29, 2021 3:54:46 PM Importance: High

From: Brady, Joy Sent: Thursday, July 29, 2021 3:19 PM To: Hopkins, Glen Cc: Wester, Sharon ; Register, Dean Subject: Special Agent Trainee Kevin James - FDLE Importance: High

Commission Staff:

Kevin James is currently in a Special Agent Trainee position with the Florida Department of Law Enforcement (FDLE). If granted the waiver by CJSTC, FDLE intends to seek certification and employ him as a sworn Special Agent after he completes his internal training period.

If you have any questions, please let me know.

Thank you.

Joy Joy Brady Chief of Human Resource Management Florida Department of Law Enforcement P.O. Box 1489 Tallahassee, FL 32302-1489 (850) 410-8417 (O) (850) 410-7903 (F) [email protected]

Committed to the fundamental values of: SERVICE INTEGRITY RESPECT QUALITY

PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from state officials regarding state business are considered to be public records and will be made available to the public and the media upon request. Your e- mail messages may, therefore, be subject to public disclosure.

August 2021 Commission Meeting 7 Agenda Item 6H Addendum 7/29/2021 Notice of Variances and Waivers

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission RULE NO.: RULE TITLE:

11B-27.002: Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers

NOTICE IS HEREBY GIVEN that on July 29.2021, the Department of Law Enforcement, received a petition for permanent waiver of rule 11B-27.002(4) by Kevin A. James. Petitioner wishes to waive that portion of the rule that states: (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.

A copy of the Petition for Variance or Waiver may be obtained by contacting: Agency Clerk, Florida Department of Law Enforcement, P.O. Box 1489 Tallahassee, FL, 32302 or by telephone at (850) 410- 7676.

August 2021 Commission Meeting 8 Agenda Item 6H Addendum 7/29/2021 STATE OF FLORIDA CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION

CASE NO. VAR-2021-24

Kevin James, Petitioner. ______/

NOTICE OF HEARING

NOTICE IS HEREBY GIVEN that on July 29, 2021, the Department of Law Enforcement, received a petition for permanent waiver of Rule 11B-27.002(4), F.A.C., by Kevin James. Petitioner wishes to waive that portion of the rule that states: (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.

The above case will come up for review at the next general meeting of the Criminal Justice Standards and Training Commission to be held on Thursday, August 12, 2021, at the Sawgrass Marriott Golf Resort & Spa, 1000 PGA Tour Boulevard, Ponte Vedra Beach, FL 32082.

If you plan to attend the hearing, please call Assistant General Counsel Chris Bufano at (850) 410- 7676 or email at [email protected], upon receipt of this Notice. Respondents attending the hearing should check in with Commission Staff between 8:00 and 8:30 a.m. The hearing portion of the Commission meeting where your case will come up begins at 8:30 a.m.

NOTE: FIREARMS WILL BE RESTRICTED ON THE PREMISES DURING THE PROCEEDINGS PURSUANT TO FEDERAL AND STATE LAW.

CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing Notice of Hearing has been forwarded by electronic mail (email) to Kevin James at ; this 30th day of July, 2021.

Glen W. Hopkins, Bureau Chief Criminal Justice Professionalism

NOTE TO EMPLOYING AGENCY: You are invited to attend the hearing and you may address the Commission regarding this case. Should you desire to provide written input to the Commission regarding this case, please submit your recommendation to Assistant General Counsel Chris Bufano.

August 2021 Commission Meeting 9 Agenda Item 6H Addendum 7/29/2021 AGENDA ITEM: 6I (Addendum 7/30/2021)

Request for Variance or Waiver: Petition for a Permanent Waiver of Rule 11B-27.00213(4)(b), F.A.C., by Danvarius Choice

ISSUE NUMBER 1 This agenda item is presented to the Commission by Danvarius Choice to request a permanent waiver of Rule 11B-27.00213(4)(b), F.A.C.

EXECUTIVE SUMMARY 1. Petitioner, Danvarius Choice, is seeking a permanent waiver of Rule 11B-27.00213, F.A.C., and wishes to waive that portion of the rule that states: (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 was previously hired on a TEA and has separated from the employing agency or discontinued training while still in good standing, and has had a break-in-service from the last employment for a minimum of four years. 2. Petitioner was previously employed under a Temporary Employment Authorization (TEA) by the Department of Corrections from November 30, 2020 to June 1, 2021. 3. Petitioner asserts that he is seeking employment with CoreCivic at the Lake City Corrections Facility. CoreCivic has provided a letter of support.

RECOMMENDATION(S): Commission staff recommends that the Commission GRANT the petition for a permanent waiver of Rule 11B-27.00213(4)(b), F.A.C.

VOTING IMPACT CONSEQUENCES OF A “YES” VOTE ON STAFF RECOMMENDATION: Mr. Choice’s request for a permanent waiver of Rule 11B-27.00213(4)(b), F.A.C., shall be granted and he shall have 90 days from the date of the final order to gain employment and certification as an officer.

CONSEQUENCES OF A “NO” VOTE ON STAFF RECOMMENDATION: Mr. Choice’s request for a permanent waiver of Rule 11B-27.00213(4)(b), F.A.C., shall not be granted.

August 2021 Commission Meeting 1 Agenda Item 6I Addendum 7/30/2021 SUPPORTING INFORMATION 1. Rule 11B-27.00213(4)(b), F.A.C., Temporary Employment Authorization, page 2. 2. Section 120.542, F.S., Variances and Waivers, page 2. 3. Petition for Waiver of Rule 11B-27.00213(4)(b), F.A.C., by Danvarius Choice, pages 3 - 5. 4. Global Profile Sheet for Danvarius Choice, pages 6 - 7. 5. Florida Administrative Registry Notice, page 8. 6. Notice of Hearing, page 9.

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. (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 was previously hired on a TEA and has separated from the employing agency or discontinued training while still in good standing, and has had a break-in-service from the last employment for a minimum of four years. Such individual shall comply with the firearms training requirements pursuant to Rule 11B-35.0024, F.A.C. and Section 943.17(1)(a), F.S., unless the agency administrator has waived such requirements in subsection (2) of this rule section, and shall enroll in a Commission-approved Basic Recruit Training Program within 180 days of employment in the first training program offered in the geographic area, or in the first assigned state training program for a state officer. 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.

Section 120.542, F.S., Variances and Waivers, mandates threshold proofs and notice provisions for variances and waivers from agency rules. Subsection (2) of this statute states: Variances and waivers shall be granted when the person subject to the rule demonstrates that the purpose of the underlying statute will be or has been achieved by other means by the person and when application of a rule would create a substantial hardship or would violate principles of fairness. For purposes of this section, “substantial hardship” means a demonstrated economic, technological, legal, or other type of hardship to the person requesting the variance or waiver. For purposes of this section, “principles of fairness” are violated when the literal application of a rule affects a particular person in a manner significantly different from the way it affects other similarly situated persons who are subject to the rule. History.—s. 12, ch. 96-159; s. 5, ch. 97-176; s. 37, ch. 2010-102; s. 5, ch. 2013-14.

August 2021 Commission Meeting 2 Agenda Item 6I Addendum 7/30/2021 August 2021 Commission Meeting 3 Agenda Item 6I Addendum 7/30/2021

August 2021 Commission Meeting 4 Agenda Item 6I Addendum 7/30/2021

August 2021 Commission Meeting 5 Agenda Item 6I Addendum 7/30/2021

07/30/2021 Florida Department of Law Enforcement Global Profile Sheet Name: Danvarius Ravon Choice Race: Blk Sex: M Education: High School

Employment Agency Class Type Start Date Sep. Date Sep. Reason TEA FP Date Failure to Complete Lake City Correctional Corr FT 11/30/2020 06/01/2021 Basic Recruit Y 11/12/2020 Facility Training

Salary Incentive Basic LE Education Career Dev. Maximum Eligible

$0 $0 $0 $0

Mandatory Firearms Qualification Law Enforcement Officer Firearms Qualification Standard No Firearms found for this person

Certification Mand. Ret. Mand. Ret. 4 Year Break in Type Number Status Cert. Date Due Date Completion Date Service No Certificate Records found for this person

Topic Topic Topic Date Recert Date Status Met Req There is no topic information available for this person

Exam Type Date Form Overall Amended No Exam Record found for this person

Type Date Form Vendor Overall Expiration BATCORR 12/11/2020 Form1 Industrial/organizational Solutions Fail

BATCORR 02/17/2021 Form3 Industrial/organizational Solutions Fail

August 2021 Commission Meeting 6 Danvarius Ravon Choice Agenda Item 6I 1 Addendum 7/30/2021

Type Date Form Vendor Overall Expiration BATCORR 06/24/2021 Form2 Industrial/organizational Solutions Pass 06/24/2025

Equivalency Application Decision Approval Advised Date Agency Discipline Status Exp Date Date Date Authority No Equivalency Records found for this person

Training

Hours Start Date End Date Sequence Version Type MR/SI Title Grade Taught No Training Records found for this person

WMD/ICS Training for Certified Law Enforcement Officers Training Name Completion Date

Weapons of Mass Destruction(WMD) Not Completed Incident Command System (ICS) Not Completed

August 2021 Commission Meeting 7 Danvarius Ravon Choice Agenda Item 6I 2 Addendum 7/30/2021

Notice of Variances and Waivers

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission RULE NO.: RULE TITLE:

11B-27.00213: Temporary Employment Authorization

NOTICE IS HEREBY GIVEN that on July 30, 2021, the Department of Law Enforcement, received a petition for permanent waiver of rule 11B-27.00213, F.A.C. by Danvarius Choice. Petitioner wishes to waive that portion of the rule that states: (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 was previously hired on a TEA and has separated from the employing agency or discontinued training while still in good standing, and has had a break-in-service from the last employment for a minimum of four years.

A copy of the Petition for Variance or Waiver may be obtained by contacting: : Agency Clerk, Florida Department of Law Enforcement, P.O. Box 1489 Tallahassee, FL, 32302 or by telephone at (850) 410- 7676.

August 2021 Commission Meeting 8 Agenda Item 6I Addendum 7/30/2021

STATE OF FLORIDA CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION

CASE NO. VAR-2021-25

Danvarius Choice, Petitioner. ______/

NOTICE OF HEARING

NOTICE IS HEREBY GIVEN that on July 30, 2021, the Department of Law Enforcement, received a petition for permanent waiver of Rule 11B-27.00213(4)(b), F.A.C., by Danvarius Choice. Petitioner wishes to waive that portion of the rule that states: (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 was previously hired on a TEA and has separated from the employing agency or discontinued training while still in good standing, and has had a break-in-service from the last employment for a minimum of four years.

The above case will come up for review at the next general meeting of the Criminal Justice Standards and Training Commission to be held on Thursday, August 12, 2021, at the Sawgrass Marriott Golf Resort & Spa, 1000 PGA Tour Boulevard, Ponte Vedra Beach, FL 32082.

If you plan to attend the hearing, please call Assistant General Counsel Chris Bufano at (850) 410- 7676 or email at [email protected], upon receipt of this Notice. Respondents attending the hearing should check in with Commission Staff between 8:00 and 8:30 a.m. The hearing portion of the Commission meeting where your case will come up begins at 8:30 a.m.

NOTE: FIREARMS WILL BE RESTRICTED ON THE PREMISES DURING THE PROCEEDINGS PURSUANT TO FEDERAL AND STATE LAW.

CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing Notice of Hearing has been forwarded by electronic mail (email) to Danvarius Choice, at this 2nd day of August, 2021.

Glen W. Hopkins, Bureau Chief Criminal Justice Professionalism

NOTE TO EMPLOYING AGENCY: You are invited to attend the hearing and you may address the Commission regarding this case. Should you desire to provide written input to the Commission regarding this case, please submit your recommendation to Assistant General Counsel Chris Bufano.

August 2021 Commission Meeting 9 Agenda Item 6I Addendum 7/30/2021 AGENDA ITEM: 7

Hernando County Sheriff’s Office Training Center Certification Request

ISSUE NUMBER 1 This agenda item is to present the request by the Hernando County Sheriff’s Office (HCSO) to be certified as a Commission-approved training school and the needs analysis completed by Commission staff based on this request.

EXECUTIVE SUMMARY 1. On January 6, 2021, the Hernando County Sheriff’s Office requested permission from the Region VI Regional Training Council to submit a Criminal Justice Training School Certification and Re-certification Application, form CJSTC-29 to the Commission to request initial certification as a Commission-approved training school. The Region VI Training Council approved their request. 2. On April 12, 2021, the Hernando County Sheriff’s Office submitted a Criminal Justice Training School Certification and Re-certification Application, form CJSTC-29 to Commission staff. 3. The Hernando County Sheriff’s Office is requesting Type “B” certification which would grant them the authority to deliver Commission-approved Law Enforcement Basic Recruit Training Program courses and Commission- approved Advanced and Specialized Training Program courses. 4. Pursuant to Rule 11B-21.002(3)(b), F.A.C., Commission staff conducted a needs analysis for Region VI. The needs analysis was conducted during the week of May 17 – 21, 2021.

RECOMMENDATION(s): Commission staff recommends the Commission find that a training need exists for Region VI and approve Hernando County Sheriff’s Office’s request for certification as a training school.

VOTING IMPACT CONSEQUENCES OF A “YES” VOTE ON STAFF RECOMMENDATION: The application submitted by the Hernando County Sheriff’s Office for the certification of the Hernando County Sheriff’s Office & Suncoast Technical Education Center Criminal Justice Training Academy would be approved. The Hernando County Sheriff’s Office & Suncoast Technical Education Center Criminal Justice Training Academy would be certified as a Commission- certified training school with an expiration date of June 30, 2025.

CONSEQUENCES OF A “NO” VOTE ON STAFF RECOMMENDATION: The application submitted by the Hernando County Sheriff’s Office for the certification of the Hernando County Sheriff’s Office & Suncoast Technical Education Center Criminal Justice Training Academy would be denied.

August 2021 Commission Meeting 1 Agenda Item 7 SUPPORTING INFORMATION • Attachment 1: Rule 11B-21.002, F.A.C., Criminal Justice Training Schools’ Request for Certification, Expansion of Certification, and Re-certification, pages 3 - 4. • Attachment 2: Rule 11B-21.005, F.A.C., Criminal Justice Training School Requirements for Certification and Re-certification, pages 5 - 6. • Attachment 3: Meeting Notice, page 7. • Attachment 4: HCSO Needs Analysis Report, pages 8 - 13. Note: HCSO Training Needs Analysis (TNA) documents are listed below and attached. TNA Attachment 1 – Minutes from the Region VI Training Council meeting held on January 6, 2021, pages 14 - 16. TNA Attachment 2 – Criminal Justice Training School Certification and Re-certification Application, form CJSTC-29, for HCSO, pages 17 - 35. TNA Attachment 3 – Standardized agency and training school survey instruments, pages 36 - 43. TNA Attachment 4 – HCSO survey instrument completed by Commission staff, pages 44 - 48. TNA Attachment 5 – Citrus County Public Safety Training Center survey instrument completed by Commission staff, pages 49 - 52. TNA Attachment 6 – Region VI agency survey instruments completed by Commission staff, pages 53 - 117. TNA Attachment 7 – The College of Central Florida survey instrument completed by Commission staff, pages 118 - 121. TNA Attachment 8 – HCSO facility and staff inspection forms, pages 122 - 136. TNA Attachment 9 – Training School Travel Distances comparison chart, pages 137 - 138.

August 2021 Commission Meeting 2 Agenda Item 7 AGENDA ITEM: A

General Information Agenda Item: Criminal Justice Trust Fund Status Report

ISSUE NUMBER 1 The following information is a status report on the Criminal Justice Standards and Training Trust Fund Officer Training Monies.

EXECUTIVE SUMMARY 1. FY 2021 – 2022 Quarterly Trust Fund Activity. Since the May 2021 Commission meeting, the trust fund analysts have initiated extensive audits of trust fund expenditures, class records, and instructor records for FY 2018 – 2019 and FY 2019 – 2020. Trust fund warrants for the first quarter of FY 2021 – 2022 have been forwarded to the regions’ fiscal agents for disbursement to the training schools. Note: There are no training school audits for August 2021. 2. Budget Amendments/Programmatic Changes. Rule 11B-18.0071(2)(b), F.A.C., requires training schools and regions to obtain approval from Commission staff prior to the transfer of Officer Training Monies between budget categories. These budget amendments do not alter the Commission's approved trust fund expenditure formula. Commission staff has approved Budget Amendments and/or Programmatic Changes for the following: FY 2020 – 2021 Region IV: Florida Gateway College Region V: Northeast Florida Criminal Justice Center Region VI: College of Central Florida Region VII: Criminal Justice Academy of Osceola and Seminole State College Region VIII: South Florida State College Region IX: Manatee Technical College and St. Petersburg College Region X: Suncoast Technical College 3. Interest Budgets. Rule 11B-18.0071(5), F.A.C., allows criminal justice training schools to place their annual trust fund allocation into interest bearing accounts. Interest earned may be expended on trust fund related needs, subject to the following conditions: A. Commission staff shall request, and be granted appropriate authority from the State Comptroller. B. Regional Training Councils shall submit to Commission staff for approval, a separate operating budget for accrued interest. C. Expenditure of accrued interest is restricted to training costs and purchase of operating capital outlay items. D. The interest shall be expended on or before June 30 of the subsequent year in which it is earned. Note: There are no interest budgets for August 2021. 4. Property Disposals. Rule 11B-18.0053(4)(e), F.A.C., requires training schools to obtain approval from Commission staff prior to the disposal or transfer of property purchased with trust fund monies. Note: There are no property disposals for August 2021.

RECOMMENDATION(s): This agenda item does not require Commission action.

August 2021 Commission Meeting 1 Agenda Item A

VOTING IMPACT CONSEQUENCES OF A “YES” VOTE ON STAFF RECOMMENDATION: A vote is not required.

CONSEQUENCES OF A “NO” VOTE ON STAFF RECOMMENDATION: A vote is not required.

SUPPORTING INFORMATION 1. First Quarter Disbursement chart reflects the total amount of Officer Training Monies forwarded to each fiscal agent in each region. REGION I Escambia County School Board Pensacola $26,560.00 Northwest Florida State College Niceville $17,000.00 REGION II Gulf Coast State College Panama City $13,020.00 Chipola College Marianna $3,520.00 Washington County School Board Chipley $2,640.00 REGION III Tallahassee Community College (Local) Havana $29,680.00 REGION IV Santa Fe College Gainesville $21,440.00 Florida Gateway College Lake City $8,940.00 North Florida College Madison $6,700.00 REGION V City of Jacksonville, Jacksonville Jacksonville $58,820.00 Sheriff’s Office St. Johns River State College Palatka $25,460.00 REGION VI College of Central Florida Ocala $20,827.00 Citrus County School Board Inverness $14,473.00 REGION VII Seminole State College Sanford $23,020.00 Lake Technical College Tavares $16,520.00 Daytona State College Daytona Beach $32,400.00 Eastern Florida State College Cocoa $30,540.00 Valencia College Orlando $79,880.00 Osceola County School Board Kissimmee $17,460.00 REGION VIII Polk State College Winter Haven $40,180.00 REGION IX St. Petersburg College St. Petersburg $56,300.00 Hillsborough Community College Tampa $66,480.00 Pasco-Hernando State College Dade City $20,160.00 Manatee County School Board Bradenton $11,740.00 Manatee County Sheriff’s Office Bradenton $7,060.00

August 2021 Commission Meeting 2 Agenda Item A

REGION X Sarasota County School Board Sarasota $21,140.00 Lee County School Board Ft. Myers $66,460.00 REGION XI Indian River State College Ft. Pierce $39,100.00 REGION XII Palm Beach State College Lake Worth $81,360.00 REGION XIII Broward College Ft. Lauderdale $110,240.00 REGION XIV Miami-Dade College-North Campus Miami $198,820.00 REGION XV Tallahassee Community College (State) Havana $74,200.00 REGION XVI Florida Department of Corrections Tallahassee $367,660.00 TOTAL ALL REGIONS $1,609,800.00

2. Budget Amendments/Programmatic Changes From Budget To Budget Region School Purpose for Change Category Category IV Florida Gateway Administrative/Travel Training Training College $3,000.00 $3,000.00 Advanced/Specialized Training V Northeast Florida Administrative/Travel Training Training Criminal Justice $1,500.00 $4,000.00 Advanced/Specialized Center Training OCO $2,500.00 VI College of Central Administrative/Travel Training Training Florida $2,996.14 $3,028.14 Advanced/Specialized Training OCO $32.00 VII Criminal Justice Administrative/ Administrative/Fiscal Administrative Academy of Osceola Unobligated Agent Salary/Benefits Reallocate Administrative $3,528.00 $3,255.00 budget for Indirect Cost decrease and Travel Administrative/ increase Unobligated $273.00

August 2021 Commission Meeting 3 Agenda Item A

VII Criminal Justice Administrative Training Training Academy of Osceola $273.00 $10,857.00 Advanced/Specialized Training OCO $10,584.00 VII Seminole State College Administrative/Travel Training Training $2,400.00 $2,400.00 Advanced/Specialized Training VIII South Florida State Administrative Training Training College $565.22 $6,253.22 Advanced/Specialized Training OCO $5,688.00 IX Manatee Technical Administrative/Travel Administrative/Indirect Administrative College $42.14 Cost Reallocate Administrative $42.14 budget for Indirect Cost increase and Travel decrease IX Manatee Technical Administrative/Travel Training Training College $842.80 $842.80 Advanced/Specialized Training IX St. Petersburg College Administrative/Travel Training Training $3,471.84 $6,596.95 Advanced/Specialized Training Administrative/Fiscal Agent Salary $3,125.11 X Suncoast Technical Administrative/Travel Training Training College $438.45 $438.45 Advanced/Specialized Training

August 2021 Commission Meeting 4 Agenda Item A AGENDA ITEM: B

General Information Agenda Item: Officer Records Statistics

ISSUE NUMBER 1 This agenda item is to report the total officer count; the total number of active officers who are required to meet their June 30, 2021 mandatory retraining; and the number of those officers who have met their mandatory retraining. It is also to report the total number of law enforcement officers who are required to meet their June 30, 2022 firearms qualification and the number of those officers who have met their firearms qualification requirement.

EXECUTIVE SUMMARY 1. Total officer count. As of June 18, 2021, the total officer count is 85,220. Of these officers, the total officer employment count for law enforcement is 48,251, for correctional is 29,841, for correctional probation is 2,239 and for concurrent is 4,889. 2. June 30, 2021 mandatory requirement date. The total number of active officers who are required to meet their mandatory retraining requirement by June 30, 2021 is 18,519. Of these officers, 11,916* are law enforcement, 6,233* are correctional, and 370* are correctional probation. 3. Officers who met the June 30, 2021 mandatory retraining date. The number of officers who have met the June 30, 2021 mandatory retraining requirement date is 17,343. 4. June 30, 2022 firearms qualification date. The total number of active law enforcement officers* who are required to qualify with their firearm by June 30, 2022 is 52,597. 5. Officer who have met the June 30, 2022 firearms qualification date. The number of officers who have met the June 30, 2022 firearms qualification date is 27,634. 6. ATMS reports. Criminal justice employing agencies connected to the Automated Training Management System (ATMS) may access the agency mandatory retraining reports and the firearms qualification reports. Notes: *Active Officers and Concurrent Certifications

RECOMMENDATION(s): This agenda item does not require Commission action.

VOTING IMPACT CONSEQUENCES OF A “YES” VOTE ON STAFF RECOMMENDATION: A vote is not required. CONSEQUENCES OF A “NO” VOTE ON STAFF RECOMMENDATION: A vote is not required.

August 2021 Commission Meeting 1 Agenda Item B AGENDA ITEM: C

General Information Agenda Item: Automated Training Management System Statistics (ATMS)

ISSUE NUMBER 1 This agenda item is presented to the Commission to report the information maintained by ATMS, the number of agencies and training schools that access ATMS, and the available agency reports provided by ATMS.

EXECUTIVE SUMMARY 1. Automated Training Management System. ATMS maintains information of officers’ employment history, statewide officer certification examinations, certifications earned and training attended for the basic recruit training academy, advanced training courses, and salary incentive purposes. ATMS can be used by employing agencies to manage employment registrations and separations, and entry of mandatory retraining data. Commission-certified training schools enter information about classes scheduled at their facility. Reports are available on-line to print or view an officer’s status. 2. Agencies and training schools using ATMS as of June 18, 2021 are 491 agencies. Of these agencies, 254 are police departments; 67 are sheriff’s offices; 31 are correctional agencies; 44 are school or port police departments; 39 are state agencies; 41 are training schools; and 15 are selection centers. The number of individual ATMS user accounts at all agencies is 3,952 and the number of active criminal justice officers at agencies using ATMS is 85,220. 3. Available Agency ATMS Reports. Current Employment; Fingerprints Not Submitted; Mandatory Retraining Due Dates; New Hire Detail; Salary Incentive; Termination Detail; ATMS User Accounts; Agency Certificate Applications; Instructors by Topic; Agency Totals by Class and Type; Annual Report; Certification Requirements Met; Reviewed Certificate Applications; Agency Summary Page; State Summary Page; law enforcement; full time law enforcement; part time law enforcement, auxiliary, and correctional; full-time correctional; part time correctional, auxiliary, and correctional probation; full time correctional probation; part time concurrent; full time concurrent; WMD/ICS Training; Elder Abuse Training; Use of Force Training; Firearms Qualification; Human Trafficking; ATP Mandatory Retraining Due Dates; Instructor Mandatory Due Dates; Canine Mandatory Retraining Due Dates; and part time agency totals by race and sex.

RECOMMENDATION(s): This agenda item does not require Commission action.

VOTING IMPACT CONSEQUENCES OF A “YES” VOTE ON STAFF RECOMMENDATION: A vote is not required.

CONSEQUENCES OF A “NO” VOTE ON STAFF RECOMMENDATION: A vote is not required.

August 2021 Commission Meeting 1 Agenda Item C AGENDA ITEM: D

General Information Agenda Item: Field Services Statistics

ISSUE NUMBER 1 This agenda item contains statistics for the number of activities performed by the Field Specialists for the 4th quarter (April 2021 through June 2021) in the areas of: Criminal Justice Agencies contacted, Criminal Justice Training Schools contacted, classes monitored, certified instructor applications, and phone calls/workshops.

EXECUTIVE SUMMARY 1. Criminal Justice Agencies Contacted: • Agency [Officer] New Hires: A total of 560 officers were registered in ATMS as New Hires. During the audit process, Field Specialists found 173 non-compliance problems. • Agency [Officer] New Certifications: A total of 1,587 officers were registered in ATMS as New Certifications. During the audit process, the Field Specialists found 333 non-compliance problems. • Agency Contacts & Assists: A total of 4,899 agency contacts and assists were completed during this reporting period. 2. Criminal Justice Training School’s Contacted and Classes Monitored: • Basic High-Liability Training Classes Monitored: A total of 1 basic high-liability class was monitored by a Field Specialist. During the monitoring process, the Field Specialist found 0 non-compliance problems. • Basic Recruit Training Classes Monitored: A total of 3 basic classes were monitored by the Field Specialists. During the monitoring process, Field Specialists found 1 non-compliance problem. • Advanced and Specialized Classes Monitored: A total of 1 advanced/specialized class was monitored by a Field Specialists. During the monitoring process, the Field Specialist found 0 non-compliance problems. • Training School Contacts and Assists: A total of 956 training school contacts and assists were completed during this reporting period. 3. Certified Instructor Applications: The Field Specialists reviewed 523 Criminal Justice Instructor applications. During the instructor application reviews, 117 deficiencies were found. 4. Phone Calls/Workshops: • 2,605 Incoming/Outgoing phone calls were handled by the Field Specialists during this three-month reporting period. • 33 Workshops and training were conducted by the Field Specialists during this three-month reporting period.

RECOMMENDATION(S): This agenda item does not require Commission action.

VOTING IMPACT CONSEQUENCES OF A “YES” VOTE ON STAFF RECOMMENDATION: A vote is not required.

CONSEQUENCES OF A “NO” VOTE ON STAFF RECOMMENDATION: A vote is not required.

August 2021 Commission Meeting 1 Agenda Item D AGENDA ITEM: E

General Information Agenda Item: Basic Abilities Test (BAT) Statistics

ISSUE NUMBER 1 This agenda item is presented to the Commission to give statistical data for the fourth quarter of Fiscal Year 2020 – 2021 (April 1, 2021 through June 30, 2021) pass/fail rates for I/O Solutions.

EXECUTIVE SUMMARY

I/O SOLUTIONS – April 1, 2021 through June 30, 2021 Pass/Fail Rates Discipline Fail Pass Total N % N % N Calendar Year Q4 YTD Q4 YTD Q4 YTD Q4 YTD Q4 YTD Law Enforcement 237 862 10.3% 10.0% 2,063 7,752 89.7% 90.0% 2,300 8,614 Correctional 185 922 13.1% 13.2% 1,225 6,063 86.9% 86.6% 1,410 6,985 Total 422 1,784 11.4% 11.4% 3,288 13,815 88.6% 88.6% 3,710 15,599

RECOMMENDATION(s): This agenda item does not require Commission action.

VOTING IMPACT CONSEQUENCES OF A “YES” VOTE ON STAFF RECOMMENDATION: A vote is not required.

CONSEQUENCES OF A “NO” VOTE ON STAFF RECOMMENDATION: A vote is not required.

August 2021 Commission Meeting 1 Agenda Item E AGENDA ITEM: F

General Information Agenda Item: State Officer Certification Examination Quarterly Statistics

ISSUE NUMBER 1 The following data is presented to the Commission to provide statistics for law enforcement, correctional and correctional probation examinee performance on the State Officer Certification Examination (SOCE) for the fourth quarter (April 2021 – June 2021) of Fiscal Year 2020 – 2021.

EXECUTIVE SUMMARY

STATE OFFICER CERTIFICATION EXAMINATION FOR NUMBER OF PASSED % PASSED BASIC RECRUIT TRAINING PROGRAMS APPLICANTS

Flloriida Law Enforcement Academy BRTP 1,007 880 87% Flloriida CMS Correctiionall BRTP 1,275 1,031 80% Flloriida Correctiionall Probatiion BRTP 104 82 78%

STATE OFFICER CERTIFICATION EXAMINATION FOR NUMBER OF PASSED %PASSED EQUIVALENCY-OF-TRAINING PROGRAMS APPLICANTS

Flloriida Law Enforcement Academy 330 234 70% Flloriida CMS Correctiionall 20 15 75% Flloriida Correctiionall Probatiion 0 0 0%

RECOMMENDATION(s): This agenda item does not require Commission action.

VOTING IMPACT CONSEQUENCES OF A “YES” VOTE ON STAFF RECOMMENDATION: A vote is not required.

CONSEQUENCES OF A “NO” VOTE ON STAFF RECOMMENDATION: A vote is not required.

SUPPORTING INFORMATION 1. SOCE results for the Florida Law Enforcement Academy (FLEA) Basic Recruit Training Program, page 2. 2. SOCE results for the Florida Law Enforcement Academy (FLEA) Equivalency-of-Training Examinees, page 3. 3. SOCE results for the Florida CMS Correctional Basic Recruit Training Program, pages 4 - 5. 4. SOCE results for the Correctional Equivalency-of-Training Examinees, page 5. 5. SOCE results for the Florida Correctional Probation Basic Recruit Training Program, page 5.

August 2021 Commission Meeting 1 Agenda Item F

FLORIDA LAW ENFORCEMENT ACADEMY (FLEA) BASIC RECRUIT TRAINING PROGRAM CBT STATE OFFICER CERTIFICATION EXAMINATION RESULTS FOR THE FOURTH QUARTER OF FY 2020 – 2021

Initial Exams 1st Retake 2nd Retake 4th Qtr – FY 20/21 12 Month Results 4th Qtr – FY 20/21 12 Month Results 4th Qtr – FY 20/21 12 Month Results Academy Total %Pass Total %Pass Total %Pass Total %Pass Total %Pass Total %Pass Broward College, Institute For Public Safety 68 94% 191 96% 4 50% 8 75% 2 100% 2 100% Chipola College 8 75% 28 89% 1 100% 5 60% 0 NA 2 50% Citrus County Public Safety Training Center 24 87% 51 80% 3 66% 9 55% 1 100% 3 100% College Of Central Florida 4 25% 71 83% 2 0% 10 30% 2 100% 5 60% Criminal Justice Academy Of Osceola 14 92% 38 92% 1 100% 3 66% 0 NA 1 0% Daytona State College, School Of Emergency Services 33 84% 125 87% 7 71% 20 60% 0 NA 4 25% Eastern Florida State College, Public Safety Institute 35 88% 113 89% 2 50% 10 60% 1 0% 4 50% Fl Public Safety Institute Pat Thomas Law Enforcement Aca 33 93% 112 91% 1 0% 8 62% 1 100% 1 100% Florida Gateway College, Public Service Training Center 14 85% 70 77% 2 100% 14 42% 0 NA 7 42% Florida Highway Patrol Training Academy 17 100% 80 98% 2 100% 14 92% 0 NA 0 NA Florida Panhandle Technical College Public Safety Institute 3 66% 13 53% 1 100% 5 40% 0 NA 2 100% George Stone Technical College 24 95% 83 91% 1 100% 8 62% 0 NA 3 100% Gulf Coast State College 21 80% 64 78% 4 100% 13 61% 0 NA 4 0% Hillsborough Community College 59 98% 128 96% 1 100% 5 80% 0 NA 1 0% Indian River State College 19 94% 78 89% 2 100% 9 66% 0 NA 0 NA Lake Technical College Criminal Justice Academy 16 81% 64 79% 2 50% 9 44% 1 100% 5 60% Manatee Technical College 2 100% 38 94% 0 NA 1 100% 0 NA 0 NA Miami Police Training Center 11 100% 27 96% 0 NA 2 50% 0 NA 1 0% Miami-Dade College 49 79% 174 80% 10 90% 41 68% 0 NA 10 70% Miami-Dade Public Safety Training Institute 38 89% 72 93% 8 100% 12 100% 0 NA 0 NA North Florida College Public Safety Academy 5 100% 17 88% 0 NA 1 100% 0 NA 0 NA Northeast Florida Criminal Justice Center 39 82% 208 87% 5 100% 24 58% 0 NA 8 37% Northwest Florida State College 14 92% 45 88% 1 100% 6 66% 0 NA 0 NA Palm Beach State College, Criminal Justice Training Center 16 56% 106 73% 5 80% 22 50% 0 NA 9 33% Pasco-Hernando State College 26 100% 80 91% 0 NA 6 33% 1 100% 3 100% Polk State College-K. C. Thompson Institute Of Public Safety 12 91% 94 94% 1 100% 6 66% 0 NA 1 100% Santa Fe College Institute Of Public Safety 21 100% 41 97% 2 100% 5 60% 0 NA 0 NA Seminole State College Center For Public Safety 60 80% 157 78% 18 72% 39 71% 3 33% 8 62% South Florida State College Criminal Justice Academy 11 81% 51 76% 2 0% 9 22% 1 100% 8 25% Southwest Florida Public Service Academy 43 95% 152 93% 1 0% 10 70% 0 NA 1 100% St. Johns River State College 44 97% 66 95% 3 66% 7 85% 0 NA 0 NA St. Petersburg College Southeastern Public Safety Institute 31 83% 114 88% 4 100% 16 93% 0 NA 1 100% Suncoast Technical College 21 95% 47 89% 1 100% 7 71% 0 NA 1 0% The College Of The Florida Keys 17 64% 58 55% 2 50% 14 42% 0 NA 1 100% Valencia College, Criminal Justice Institute 35 91% 156 91% 4 75% 18 77% 1 100% 5 100% Statewide 887 88% 3012 87% 103 77% 396 64% 14 78% 101 55% August 2021 Commission Meeting 2 Agenda Item F

FLORIDA LAW ENFORCEMENT ACADEMY (FLEA) EQUIVALENCY-OF-TRAINING EXAMINEES CBT STATE OFFICER CERTIFICATION EXAMINATION RESULTS FOR THE FOURTH QUARTER OF FY 2020 – 2021

Initial Exams 1st Retake 2nd Retake 4th Qtr – FY 20/21 12 Month Results 4th Qtr – FY 20/21 12 Month Results 4th Qtr – FY 20/21 12 Month Results Academy Total %Pass Total %Pass Total %Pass Total %Pass Total %Pass Total %Pass Broward College, Institute For Public Safety 0 NA 1 100% 0 NA 0 NA 0 NA 0 NA Chipola College 27 62% 37 62% 6 50% 10 40% 1 0% 2 0% Eastern Florida State College, Public Safety Institute 21 52% 79 72% 4 75% 16 37% 0 NA 6 50% Fl Public Safety Institute Pat Thomas Law Enforcement Aca 0 NA 9 66% 0 NA 4 50% 0 NA 2 100% Florida Department Of Law Enforcement 0 NA 1 100% 0 NA 0 NA 0 NA 0 NA Gulf Coast State College 31 74% 96 70% 5 80% 24 54% 1 100% 7 71% Indian River State College 0 NA 0 NA 0 NA 1 100% 0 NA 0 NA Lake Technical College Criminal Justice Academy 32 65% 81 67% 8 87% 19 63% 0 NA 6 16% Manatee Technical College 7 85% 30 70% 0 NA 5 60% 0 NA 2 0% Miami Police Training Center 1 100% 1 100% 0 NA 0 NA 0 NA 0 NA Miami-Dade College 2 0% 20 40% 2 0% 10 50% 0 NA 3 33% North Florida College Public Safety Academy 1 100% 2 50% 0 NA 1 0% 0 NA 1 100% Northeast Florida Criminal Justice Center 16 81% 36 75% 0 NA 7 57% 0 NA 2 50% Northwest Florida State College 3 100% 6 100% 0 NA 0 NA 0 NA 0 NA Palm Beach State College, Criminal Justice Training Center 30 46% 104 65% 9 66% 31 58% 3 100% 8 75% Pasco-Hernando State College 11 63% 15 66% 3 100% 4 100% 0 NA 0 NA Polk State College-K. C. Thompson Institute Of Public Safety 9 100% 22 95% 0 NA 0 NA 0 NA 0 NA Santa Fe College Institute Of Public Safety 4 50% 11 63% 1 100% 3 100% 0 NA 0 NA Southwest Florida Public Service Academy 21 80% 59 86% 4 75% 8 75% 0 NA 1 100% St. Johns River State College 0 NA 7 71% 0 NA 2 100% 0 NA 0 NA St. Petersburg College Southeastern Public Safety Institute 57 84% 142 77% 7 57% 27 59% 0 NA 3 0% Volusia Sheriff's Office Training Academy 2 100% 2 100% 0 NA 0 NA 0 NA 0 NA Statewide 275 70% 761 72% 49 69% 172 57% 5 80% 43 48%

August 2021 Commission Meeting 3 Agenda Item F

FLORIDA CMS CORRECTIONAL BASIC RECRUIT TRAINING PROGRAM CBT STATE OFFICER CERTIFICATION EXAMINATION RESULTS FOR THE FOURTH QUARTER OF FY 2020 – 2021

Initial Exams 1st Retake 2nd Retake 4th Qtr – FY 20/21 12 Month Results 4th Qtr – FY 20/21 12 Month Results 4th Qtr – FY 20/21 12 Month Results Academy Total %Pass Total %Pass Total %Pass Total %Pass Total %Pass Total %Pass Broward College, Institute For Public Safety 20 90% 64 95% 3 66% 4 75% 1 100% 1 100% Chipola College 11 90% 77 97% 0 NA 2 50% 0 NA 2 50% Citrus County Public Safety Training Center 25 100% 83 93% 0 NA 6 33% 1 100% 3 100% College Of Central Florida 15 86% 52 96% 1 0% 2 0% 0 NA 0 NA Daytona State College, School Of Emergency Services 10 100% 36 100% 4 100% 4 100% 0 NA 0 NA Eastern Florida State College, Public Safety Institute 0 NA 16 87% 0 NA 2 50% 0 NA 0 NA Fl Public Safety Institute Pat Thomas Law Enforcement Aca 5 100% 46 91% 1 0% 7 57% 0 NA 4 100% Florida Department Of Corrections 700 83% 2672 85% 110 61% 449 58% 30 36% 160 41% Florida Gateway College, Public Service Training Center 18 55% 112 84% 9 55% 24 70% 1 100% 2 0% Florida Panhandle Technical College Public Safety Institute 8 75% 51 88% 3 100% 9 66% 0 NA 1 100% George Stone Technical College 11 90% 26 88% 1 100% 3 100% 0 NA 0 NA Gulf Coast State College 9 100% 34 91% 0 NA 5 40% 0 NA 2 50% Hillsborough Community College 23 100% 72 100% 0 NA 0 NA 0 NA 0 NA Indian River State College 0 NA 11 100% 0 NA 0 NA 0 NA 0 NA Lake Technical College Criminal Justice Academy 12 75% 35 82% 3 100% 7 71% 0 NA 1 100% Manatee Sheriff's Office Training Center 0 NA 16 100% 0 NA 1 100% 0 NA 0 NA Miami-Dade College 12 33% 29 68% 2 50% 4 25% 0 NA 2 50% Miami-Dade Public Safety Training Institute 26 96% 62 93% 1 100% 12 83% 0 NA 2 50% North Florida College Public Safety Academy 6 33% 20 70% 1 100% 6 16% 0 NA 4 25% Northeast Florida Criminal Justice Center 24 95% 100 96% 1 100% 10 100% 0 NA 1 0% Northwest Florida State College 25 84% 95 88% 4 50% 11 72% 0 NA 1 0% Palm Beach State College, Criminal Justice Training Center 5 80% 22 86% 1 100% 5 60% 0 NA 0 NA Pasco-Hernando State College 12 100% 27 96% 0 NA 1 100% 0 NA 0 NA Polk State College-K. C. Thompson Institute Of Public Safety 0 NA 22 100% 1 100% 2 100% 0 NA 0 NA Santa Fe College Institute Of Public Safety 0 NA 5 80% 0 NA 2 50% 0 NA 1 0% Seminole State College Center For Public Safety 3 100% 14 100% 0 NA 0 NA 0 NA 0 NA South Florida State College Criminal Justice Academy 19 89% 75 94% 4 75% 12 66% 1 100% 3 100% Southwest Florida Public Service Academy 15 100% 106 97% 0 NA 6 66% 0 NA 1 0% St. Johns River State College 5 100% 6 100% 0 NA 0 NA 0 NA 0 NA St. Petersburg College Southeastern Public Safety Institute 11 100% 28 96% 0 NA 1 0% 0 NA 1 0% Suncoast Technical College 11 100% 19 94% 1 100% 2 100% 0 NA 0 NA The College Of The Florida Keys 0 NA 13 92% 1 100% 2 50% 0 NA 0 NA

August 2021 Commission Meeting 4 Agenda Item F

FLORIDA CMS CORRECTIONAL BASIC RECRUIT TRAINING PROGRAM (CONTINUED) CBT STATE OFFICER CERTIFICATION EXAMINATION RESULTS FOR THE FOURTH QUARTER OF FY 2020 – 2021

Initial Exams 1st Retake 2nd Retake 4th Qtr – FY 20/21 12 Month Results 4th Qtr – FY 20/21 12 Month Results 4th Qtr – FY 20/21 12 Month Results Academy Total %Pass Total %Pass Total %Pass Total %Pass Total %Pass Total %Pass Valencia College, Criminal Justice Institute 20 95% 52 92% 0 NA 4 75% 1 0% 2 0% Statewide 1061 85% 4098 87% 152 65% 605 60% 35 42% 194 43%

CORRECTIONAL EQUIVALENCY-OF-TRAINING EXAMINEES CBT STATE OFFICER CERTIFICATION EXAMINATION RESULTS FOR THE FOURTH QUARTER OF FY 2020 – 2021

Initial Exams 1st Retake 2nd Retake 4th Qtr – FY 20/21 12 Month Results 4th Qtr – FY 20/21 12 Month Results 4th Qtr – FY 20/21 12 Month Results Academy Total %Pass Total %Pass Total %Pass Total %Pass Total %Pass Total %Pass Chipola College 3 100% 4 100% 1 100% 1 100% 0 NA 0 NA Eastern Florida State College, Public Safety Institute 3 66% 5 80% 0 NA 0 NA 0 NA 0 NA Fl Public Safety Institute Pat Thomas Law Enforcement Aca 0 NA 1 100% 0 NA 0 NA 0 NA 0 NA Florida Department Of Corrections 0 NA 3 100% 0 NA 0 NA 0 NA 0 NA Florida Panhandle Technical College Public Safety Institute 0 NA 1 100% 0 NA 0 NA 0 NA 0 NA Gulf Coast State College 0 NA 6 83% 0 NA 1 0% 0 NA 1 0% Lake Technical College Criminal Justice Academy 2 0% 5 60% 2 100% 2 100% 0 NA 0 NA Miami-Dade College 0 NA 1 100% 0 NA 0 NA 0 NA 0 NA Palm Beach State College, Criminal Justice Training Center 3 100% 12 91% 0 NA 1 0% 0 NA 0 NA Polk State College-K. C. Thompson Institute Of Public Safety 0 NA 1 0% 0 NA 1 100% 0 NA 0 NA Santa Fe College Institute Of Public Safety 0 NA 0 NA 0 NA 1 100% 0 NA 0 NA Southwest Florida Public Service Academy 1 100% 4 100% 0 NA 2 100% 0 NA 0 NA St. Petersburg College Southeastern Public Safety Institute 3 33% 10 70% 1 100% 3 66% 0 NA 1 100% Statewide 15 66% 53 83% 4 100% 12 75% 0 NA 2 50%

FLORIDA CORRECTIONAL PROBATION BASIC RECRUIT TRAINING PROGRAM CBT STATE OFFICER CERTIFICATION EXAMINATION RESULTS FOR THE FOURTH QUARTER OF FY 2020 – 2021

Initial Exams 1st Retake 2nd Retake 4th Qtr – FY 20/21 12 Month Results 4th Qtr – FY 20/21 12 Month Results 4th Qtr – FY 20/21 12 Month Results Total %Pass Total %Pass Total %Pass Total %Pass Total %Pass Total %Pass Fl Public Safety Institute Pat Thomas Law Enforcement Aca 36 86% 139 87% 4 100% 19 78% 0 NA 3 100% Florida Department Of Corrections 47 70% 76 72% 14 78% 21 76% 3 100% 5 100% Statewide 83 77% 215 81% 18 83% 40 77% 3 100% 8 100%

August 2021 Commission Meeting 5 Agenda Item F AGENDA ITEM: G

General Information Agenda Item: State Officer Certification Examination Quarterly Content Area Report

ISSUE NUMBER 1 The following data is presented to the Commission to provide statistics for law enforcement, correctional and correctional probation examinee performance by content area on the State Officer Certification Examination (SOCE) for the fourth quarter (April 1, 2021 – June 30, 2021) of Fiscal Year 2020 – 2021. The data includes performance for first-time examinees only. Data for both Basic Recruit Training Programs (BRTP) and Equivalency-of-Training (EOT) are included. At this time, Pearson VUE does not have the capability to distinguish between BRTP and EOT recruits.

RECOMMENDATION(s): This agenda item does not require Commission action.

VOTING IMPACT CONSEQUENCES OF A “YES” VOTE ON STAFF RECOMMENDATION: A vote is not required.

CONSEQUENCES OF A “NO” VOTE ON STAFF RECOMMENDATION: A vote is not required.

SUPPORTING INFORMATION 1. Florida Law Enforcement Academy (FLEA) Content Area Report, page 2. 2. Florida Law Enforcement Academy (FLEA) Course Codes, page 3. 3. Florida CMS Correctional Content Area Report, page 4. 4. Florida CMS Correctional Course Codes, page 5. 5. Florida Correctional Probation Content Area Report, page 6.

August 2021 Commission Meeting 1 Agenda Item G Florida State Officer Certification Examination Content Area Report (April 1, 2021 - June 30, 2021)

FDLE-FA-500 Total Total Courses FLEA Law Enforcement Exam Tested Pass IN LG IDC IRW FOP CFS CI CSC CRIT TS DUI TC VO FR FA DT SG Training Centers Brevard Community College (603) 50 40 96.0% 86.5% 87.8% 83.7% 84.5% 90.6% 86.2% 85.8% 84.7% 86.8% 84.5% 82.8% 82.7% 87.3% 88.2% 90.0% 85.0% Broward College (609) 68 64 90.2% 88.3% 88.8% 89.1% 87.4% 91.0% 88.5% 85.8% 88.1% 89.0% 91.5% 84.7% 88.4% 87.6% 92.6% 93.2% 92.6% Chipola College (606) 31 20 87.1% 81.3% 82.4% 79.3% 81.9% 85.5% 84.2% 82.1% 82.1% 83.1% 79.0% 76.2% 75.3% 76.0% 83.1% 82.4% 87.9% Citrus County (642) 24 21 92.4% 87.9% 84.9% 83.3% 80.1% 89.2% 86.2% 81.0% 87.0% 84.7% 87.0% 86.5% 82.9% 88.3% 87.5% 83.7% 85.4% College of Central Florida (604) 2 1 75.0% 73.2% 88.5% 71.4% 76.9% 95.0% 76.3% 55.6% 72.2% 95.8% 62.5% 75.0% 88.9% 81.8% 61.5% 68.2% 100.0% Criminal Justice Academy of Osceola (607) 14 13 90.5% 88.3% 90.1% 84.7% 91.8% 93.6% 88.3% 85.7% 86.5% 87.5% 91.1% 85.7% 82.5% 87.7% 84.1% 94.8% 96.4% Daytona State College (608) 25 21 88.7% 86.6% 84.3% 82.9% 85.8% 90.0% 84.8% 86.2% 82.7% 82.0% 87.5% 81.5% 84.9% 81.5% 85.2% 83.3% 84.0% Florida Gateway College (621) 13 11 92.3% 86.3% 84.0% 81.3% 92.3% 93.8% 91.5% 83.8% 81.2% 88.5% 85.6% 90.4% 88.0% 90.9% 86.4% 87.4% 98.1% Florida Highway Patrol Training Academy (614) 14 14 100.0% 91.3% 89.6% 89.8% 91.2% 95.7% 85.3% 89.7% 87.3% 94.6% 92.0% 95.5% 89.7% 89.6% 92.3% 92.2% 96.4% Florida Keys Community College (616) 14 9 88.1% 87.0% 83.5% 79.6% 82.4% 84.3% 83.1% 78.6% 78.6% 88.7% 79.5% 76.8% 78.6% 84.4% 84.1% 89.6% 76.8% Florida Panhandle Technical College (641) 2 2 91.7% 94.6% 96.2% 100.0% 84.6% 95.0% 97.4% 88.9% 94.4% 83.3% 81.3% 100.0% 94.4% 90.9% 88.5% 100.0% 87.5% Florida Public Safety Institute (668) 33 31 94.9% 89.4% 89.0% 87.9% 86.5% 93.3% 90.3% 87.2% 89.9% 89.6% 88.6% 86.7% 92.3% 88.4% 84.4% 90.1% 87.1% George Stone Area Vo-Tech Center (617) 23 22 92.0% 91.3% 91.6% 88.2% 86.6% 90.9% 89.7% 87.0% 90.3% 85.5% 92.9% 91.3% 89.4% 87.7% 85.3% 88.5% 94.6% Gulf Coast State College (618) 46 38 90.2% 85.4% 86.5% 84.5% 84.8% 89.3% 86.5% 87.2% 83.8% 87.1% 84.0% 83.2% 80.0% 84.6% 84.8% 88.5% 91.8% Hillsborough Community College (619) 59 58 94.6% 88.9% 90.5% 92.7% 90.4% 92.9% 89.4% 88.3% 91.1% 90.5% 93.4% 89.8% 87.9% 88.0% 88.9% 92.6% 79.2% Indian River State College (620) 18 17 90.7% 87.5% 88.0% 90.5% 84.2% 88.9% 86.0% 90.1% 86.4% 81.0% 88.2% 84.7% 86.4% 86.4% 84.2% 82.3% 79.2% Lake Technical Center (622) 43 32 90.7% 84.6% 83.2% 84.1% 88.2% 89.8% 85.1% 85.8% 82.4% 86.6% 79.1% 74.4% 75.2% 84.6% 80.3% 83.9% 76.7% Manatee Technical Institute (625) 9 8 83.3% 87.7% 82.9% 85.7% 86.3% 85.6% 83.0% 86.4% 82.7% 79.6% 86.1% 83.3% 80.2% 87.9% 76.9% 78.8% 83.3% Miami-Dade College (628) 47 39 88.7% 87.8% 83.5% 84.8% 89.5% 86.4% 86.2% 79.0% 84.9% 87.4% 85.1% 85.1% 87.7% 88.0% 87.9% 90.5% 79.3% Miami-Dade Public Safety (626) 39 35 93.6% 90.0% 86.6% 86.8% 83.0% 91.8% 87.7% 85.8% 87.7% 85.0% 89.1% 85.9% 84.6% 86.0% 87.8% 85.5% 90.4% Miami Police Training Center (627) 12 12 91.7% 92.3% 91.7% 95.2% 91.7% 92.5% 93.4% 94.4% 95.4% 87.5% 92.7% 87.5% 88.0% 97.0% 91.7% 95.5% 93.8% NE Florida (610) 50 44 91.7% 85.9% 86.5% 85.7% 85.2% 89.4% 86.0% 83.6% 84.7% 86.5% 84.3% 84.3% 85.8% 87.6% 89.8% 86.0% 87.5% North Florida Community College (629) 5 5 86.7% 85.7% 84.6% 91.4% 84.6% 86.0% 88.4% 93.3% 97.8% 88.3% 82.5% 92.5% 95.6% 74.5% 84.6% 85.5% 95.0% Northwest Florida State College (630) 17 16 93.1% 88.0% 87.3% 84.9% 86.0% 88.2% 88.2% 86.9% 88.9% 84.3% 86.8% 82.4% 86.3% 84.5% 85.1% 87.7% 86.8% Palm Beach State College (633) 29 16 93.1% 84.2% 79.6% 81.3% 82.0% 83.8% 82.2% 81.6% 78.5% 76.7% 74.6% 71.6% 73.2% 77.7% 79.0% 77.4% 69.0% Pasco-Hernando Community College (631) 38 34 93.0% 86.7% 86.0% 86.8% 88.9% 89.7% 87.3% 86.5% 87.1% 84.6% 87.2% 81.3% 90.4% 84.0% 85.6% 84.4% 88.8% Polk State College (632) 21 20 94.4% 87.9% 91.6% 89.1% 86.4% 92.4% 91.0% 92.6% 83.1% 90.1% 91.1% 92.3% 89.9% 84.8% 91.2% 93.5% 82.1% Santa Fe College (634) 22 20 92.4% 89.4% 88.5% 90.3% 89.9% 91.8% 92.1% 91.9% 88.4% 88.6% 89.2% 83.0% 87.4% 88.4% 87.1% 90.1% 87.5% Sarasota County Technical Institute (635) 21 20 91.3% 88.9% 87.2% 85.0% 87.9% 91.9% 86.5% 88.9% 83.6% 84.5% 89.3% 86.9% 80.4% 87.9% 86.1% 93.1% 88.1% Seminole State College (636) 58 46 91.7% 85.2% 86.6% 81.3% 86.1% 91.4% 86.8% 87.5% 91.4% 84.6% 80.8% 83.0% 83.5% 83.4% 82.5% 87.1% 86.2% South Florida State College (637) 10 9 98.3% 87.9% 85.4% 85.7% 80.8% 86.0% 81.6% 91.1% 88.9% 86.7% 86.3% 87.5% 87.8% 83.6% 83.1% 85.5% 85.0% Southwest Florida Public Service Academy (623) 64 58 94.0% 88.7% 90.6% 87.9% 89.3% 90.8% 88.2% 90.5% 90.6% 88.9% 88.9% 87.5% 89.2% 87.1% 88.3% 93.0% 89.1% St. Johns River State College (654) 45 44 92.6% 90.6% 87.9% 84.8% 89.2% 91.8% 88.4% 88.4% 89.9% 90.6% 91.9% 89.7% 86.9% 86.1% 84.4% 89.9% 86.7% St. Petersburg College (639) 86 73 92.4% 88.2% 87.6% 83.2% 83.7% 88.3% 87.3% 82.6% 83.6% 88.0% 89.8% 85.6% 83.2% 88.4% 84.5% 88.7% 85.5% Valencia College (605) 33 30 92.9% 86.5% 86.2% 91.3% 88.8% 88.5% 88.4% 87.9% 85.9% 88.4% 89.4% 88.6% 83.8% 87.1% 84.1% 91.2% 92.4% All Schools 1087 945 92.2% 87.5% 87.0% 85.9% 86.6% 90.0% 87.3% 86.1% 86.5% 86.9% 87.0% 84.7% 84.9% 86.2% 86.1% 88.5% 86.4%

August 2021 Commission Meeting 2 Agenda Item G Course Codes: IN Introduction to Law Enforcement LG Legal IDC Interactions in a Diverse Community IRW Interviewing and Report Writing FOP Fundamentals of Patrol CFS Calls for Service CI Criminal Investigations CSC Crime Scene to Courtroom CRIT Critical Incidents TS Traffic Stops DUI Driving Under the Influence (DUI) Traffic Stops TC Traffic Crash Investigations VO CMS Law Enforcement Vehicle Operations FR CMS First Aid for Criminal Justice Officers FA CMS Criminal Justice Firearms DT CMS Criminal Justice Defensive Tactics SG Dart-Firing Stun Gun

August 2021 Commission Meeting 3 Agenda Item G Florida State Officer Certification Examination Content Area Report (April 1, 2021 - June 30, 2021)

FDLE-FC-300 Total Total Courses FCMS Corrections Exam Tested Passed IN CM OS FE IR SC SP IE FR FA DT Training Centers Brevard Community College (603) 3 2 95.8% 80.7% 84.2% 75.6% 73.3% 92.1% 86.7% 94.4% 85.2% 70.2% 82.5% Broward College (609) 20 18 92.2% 85.3% 91.6% 86.0% 85.5% 87.9% 84.3% 86.3% 83.1% 95.0% 91.9% Chipola College (606) 11 11 86.4% 86.1% 88.5% 86.1% 83.6% 88.7% 86.4% 86.4% 85.9% 87.6% 90.0% Citrus County (642) 24 24 88.8% 89.0% 90.8% 90.8% 89.2% 91.9% 91.0% 93.8% 91.0% 93.2% 89.3% College of Central Florida (604) 14 13 87.1% 82.3% 85.7% 80.5% 84.3% 88.1% 87.1% 88.7% 82.9% 78.9% 85.7% Daytona State College (608) 10 10 88.1% 88.4% 87.4% 87.3% 91.0% 91.0% 90.0% 87.5% 83.9% 92.6% 85.7% Florida Department of Corrections (613) 652 561 86.8% 86.6% 87.7% 86.8% 85.8% 86.7% 87.8% 87.1% 86.7% 85.5% 87.3% Florida Gateway College (621) 17 11 86.4% 85.8% 85.1% 83.1% 78.8% 83.8% 84.7% 81.4% 84.3% 81.4% 84.3% Florida Keys Community College (616) 0 0 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Florida Panhandle Technical College (641) 8 6 89.1% 89.5% 83.6% 87.5% 81.3% 88.7% 90.0% 86.5% 84.7% 85.5% 86.3% Florida Public Safety Institute (668) 5 5 91.3% 78.9% 83.2% 86.7% 82.0% 89.5% 90.0% 88.3% 80.0% 78.9% 85.7% George Stone Area Vo-Tech Center (617) 11 10 86.4% 87.6% 84.7% 80.0% 86.4% 88.3% 93.6% 87.1% 90.9% 83.7% 90.0% Gulf Coast State College (618) 9 9 91.0% 90.6% 91.8% 94.8% 80.0% 90.5% 96.1% 93.5% 91.4% 93.0% 96.3% Hillsborough Community College (619) 23 23 93.2% 90.4% 91.5% 84.3% 89.6% 91.1% 95.7% 93.8% 91.1% 92.0% 90.9% Indian River State College (620) 0 0 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Lake Technical Center (622) 13 9 87.0% 84.6% 87.4% 87.2% 88.5% 82.8% 87.3% 91.7% 82.9% 87.4% 79.1% Manatee Sheriff's Office Training Center (730) 0 0 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Miami-Dade College (628) 11 4 77.8% 69.9% 79.9% 77.0% 75.5% 76.6% 73.2% 83.3% 77.3% 82.3% 80.1% Miami-Dade Public Safety Training Institute (626) 29 28 94.6% 91.8% 91.7% 88.7% 90.0% 91.0% 90.7% 91.4% 92.5% 94.7% 88.8% NE Florida (610) 24 23 93.0% 90.6% 88.8% 88.9% 89.2% 86.5% 92.5% 91.0% 90.7% 90.8% 89.7% North Florida Community College (629) 2 2 87.5% 84.2% 94.7% 83.3% 75.0% 85.7% 87.5% 87.5% 88.9% 86.8% 95.2% Northwest Florida State College (630) 24 20 86.5% 84.2% 87.3% 88.9% 82.5% 85.7% 88.1% 85.1% 86.1% 88.4% 89.1% Palm Beach State College (633) 8 7 88.3% 86.2% 87.5% 85.8% 87.5% 89.9% 88.8% 84.4% 86.1% 83.6% 82.1% Pasco-Hernando Community College (631) 12 12 94.8% 90.4% 89.9% 90.0% 92.5% 92.5% 90.4% 88.2% 98.1% 89.0% 88.5% Polk State College (632) 0 0 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Santa Fe College (634) 0 0 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Sarasota County Technical Institute (635) 11 11 90.9% 90.4% 91.9% 89.7% 90.9% 87.9% 79.1% 87.9% 82.8% 91.9% 90.5% Seminole State College (636) 3 3 95.8% 94.7% 93.0% 82.2% 93.3% 82.5% 91.7% 91.7% 92.6% 91.2% 88.9% South Florida State College (637) 17 16 90.8% 88.5% 87.9% 87.1% 87.1% 88.8% 85.9% 89.7% 85.6% 87.3% 89.9% Southwest Florida (623) 16 16 97.3% 94.7% 92.8% 90.0% 93.1% 92.6% 93.1% 93.2% 93.4% 91.8% 96.4% St. Johns River State College (654) 5 5 97.5% 93.7% 97.9% 93.3% 96.0% 92.4% 95.0% 86.7% 91.1% 94.7% 95.2% St. Petersburg College (639) 14 12 89.3% 91.7% 90.2% 86.7% 94.3% 89.1% 91.8% 88.1% 87.7% 85.0% 86.4% Valencia College (605) 19 19 90.1% 87.5% 88.9% 86.0% 92.1% 89.7% 90.3% 89.5% 91.5% 88.4% 87.0% All Schools 1015 890 88.0% 87.0% 88.1% 86.8% 86.3% 87.4% 88.3% 87.8% 87.1% 86.7% 87.8%

August 2021 Commission Meeting 4 Agenda Item G Course Codes: IN Introduction to Corrections CM Communications OS Officer Safety FE Facility and Equipment IR Intake/Reception and Release SC Supervising in a Correctional Facility SP Supervising Special Populations IE Responding to Incidents and Emergencies FR CMS First Aid for Criminal Justice Officers FA CMS Criminal Justice Firearms DT CMS Criminal Justice Defensive Tactics

August 2021 Commission Meeting 5 Agenda Item G Florida State Officer Certification Examination Content Area Report (April 1, 2021 - June 30, 2021)

FDLE-FCP-600 Total Total Courses Florida Correctional Probation Exam Tested Passed IN LG CM IO CLM SO FS FR DT Training Centers Florida Department of Corrections (613) 47 33 85.1% 86.5% 82.8% 88.9% 85.2% 87.3% 86.0% 82.8% 85.1% Florida Public Safety Institute (668) 36 31 89.4% 88.6% 87.0% 92.2% 87.2% 87.7% 88.8% 88.9% 91.7% All Schools 83 64 86.9% 87.4% 84.6% 90.4% 86.1% 87.5% 87.2% 85.4% 88.0%

Course Codes: IN Introduction to Correctional Probation LG Legal CM Communications IO Intake and Orientation CLM Caseload Management SO Supervision of Offenders FS Field Supervision FR CMS First Aid for Criminal Justice Officers DT CMS Criminal Justice Defensive Tactics

August 2021 Commission Meeting 6 Agenda Item G AGENDA ITEM: H

General Information Agenda Item: Commission Basic Recruit Training Programs; and Advanced and Specialized Training Program Courses (Update)

ISSUE NUMBER 1 This agenda item is presented to advise the Commission of the most current Commission-approved Basic Recruit Training Programs, Advanced Training Program Courses, and Specialized Training Program Courses.

EXECUTIVE SUMMARY 1. Pursuant to Section 943.17, F.S., the Commission is responsible for the development and maintenance of basic recruit, advanced and specialized training programs for Florida law enforcement, correctional, and correctional probation officers. 2. Basic recruit, advanced, and specialized training programs approved by the Commission and their effective dates are on pages 2 - 6.

RECOMMENDATION(s): This agenda item does not require Commission action.

VOTING IMPACT CONSEQUENCES OF A “YES” VOTE ON STAFF RECOMMENDATION: A vote is not required.

CONSEQUENCES OF A “NO” VOTE ON STAFF RECOMMENDATION: A vote is not required.

SUPPORTING INFORMATION 1. Commission Basic Recruit Training Programs: Full Basic Recruit Training Programs, page 2. 2. Commission Basic Recruit Training Programs: Cross-Over Basic Recruit Training Programs, page 2. 3. Commission Basic Recruit Training Programs: Auxiliary Basic Recruit Training Programs, page 2. 4. Commission Basic Recruit Training Programs: Special Operations Forces Basic Recruit Training Programs, page 2. 5. Commission Advanced Training Program Courses, pages 2 - 4. 6. Commission Specialized Instructor Training Program Courses, pages 4 - 5. 7. Commission Specialized Training Program Courses, pages 5 - 6.

August 2021 Commission Meeting 1 Agenda Item H

ATMS Courses Commission Basic Recruit Training Programs Course Program E-Effective Full Basic Recruit Training Programs Hours Number U-Updated 2010 Florida Law Enforcement Academy (Version 2021.07) 770 E-07/01/21 E-10/01/11 1190 Florida Correctional Basic Recruit Training Program (Version 2021.07) 420 U-07/01/21 2011 Florida Correctional Probation Basic Recruit Training Program (Version 2021.07) 562 E- -07/01/21

ATMS Courses Commission Basic Recruit Training Programs Course Program E-Effective Cross-Over Basic Recruit Training Programs Hours Number U-Updated Law Enforcement Officer Cross-Over Training to E-07/01/16 3001 198 Florida Correctional (Version 2021.07) U-07/01/21 Correctional Officer Cross-Over Training to 3010 518 E -07/01/21 Florida Law Enforcement Academy (Version 2021.07) Correctional Officer Cross-Over Training to Florida 3011 290 E-07/01/21 Correctional Probation (Version 2021.07) Correctional Probation Officer Cross-Over Training to Florida E-07/01/16 3004 238 Correctional Basic Recruit Training Program (Version 2021.07) U-07/01/21 Correctional Probation Officer Cross-Over Training to Florida Law Enforcement Academy 3012 532 E-07/01/21 (Version 2021.07)

ATMS Courses Commission Basic Recruit Training Programs Course Program E-Effective Auxiliary Basic Recruit Training Programs Hours Number U-Updated Florida Basic Recruit Training Program: Florida Law Enforcement Auxiliary Academy E-07/01/17 3006 360 (Version 2021.07) U-07/01/21

ATMS Courses Basic Recruit Training Programs Course Program E-Effective For Special Operations Forces Recruits Hours Number U-Updated Law Enforcement Basic Recruit Training for Special Operations Forces Recruits (Version 3013 490 E-07/01/21 2021.07) Corrections Basic Recruit Training for E-08/02/18 3008 214 Special Operations Forces Recruits (Version 2021.07) U-07/01/21 Correctional Probation Basic Recruit Training for Special Operations Forces Recruits 3014 352 E -07/01/21 (Version 2021.07)

ATMS Courses Course Course Commission Advanced Training Program Courses E-Effective Hours Number U-Updated 006 Line Supervision (Version 2021.05) 80 E-05/14/21 E-04/01/11 011 Developing and Maintaining a Sound Organization (Version 2011.04) 40 U-02/18/21

August 2021 Commission Meeting 2 Agenda Item H

E-10/01/10 012 Planning the Effective Use of Financial Resources (Version 2010.10) 40 U-02/18/21 E-04/01/11 013 Building and Maintaining a Sound Behavioral Climate (Version 2011.04) 40 U-02/18/21 E-04/01/12 016 Narcotics and Dangerous Drugs Investigations (Version 2012.04) 40 U-10/01/19 E-10/01/10 020 Case Preparation and Court Presentation (Version 2010.10) 40 U-03/04/21 E-10/01/10 032 Special Tactical Problems (Version 2010.10) 40 U-02/24/21 E-04/06/10 036 Injury and Death Investigations (Version 2010.04) 40 U-03/02/21 E-04/01/10 047 Interviews and Interrogations (Version 2010.04) 40 U-03/03/21 E-04/01/06 050 Stress Management Techniques (Version 2006.04) 40 U-01/19/21 E-10/01/10 053 Crisis Intervention (Version 2010.10) 40 U-02/10/21 E-01/01/10 057 Discipline and Special Confinement Techniques (Version 2010.01) 40 U-03/01/19 E-04/01/10 068 Advanced Report Writing and Review (Version 2010.04) 40 U-03/10/21 E-04/01/12 074 Substance Abuse and Awareness Education (Version 2012.04) 40 U-03/17/21 E-05/09/13 077 Underwater Police Science and Technology (Version 2013.05) 80 U-02/16/21 E-11/01/06 085 Emergency Preparedness for Correctional Officers (Version 2006.11) 40 U-03/10/21 E-04/01/11 087 Advanced Traffic Homicide Investigations (Version 2011.04) 80 U-03/05/21 E-04/01/11 088 Traffic Crash Reconstruction (Version 2011.04) 80 U-02/19/21 E-05/02/19 090 School Resource Officer (Version 2019.05) 40 U-02/05/21 E-10/01/11 091 Domestic Intervention & Investigations (Version 2011.10) 40 U-07/01/19 E-07/01/11 093 Hostage Negotiation (Version 2011.07) 40 U-02/22/21 094 Drug Abuse Resistance Education (D.A.R.E.) – FDLE Instructed Only 80 NA 094 & Drug Abuse Resistance Education (D.A.R.E) 40 NA 097 096 Drug Abuse Resistance Education (D.A.R.E.) 40 NA E-04/01/11 098 Basic Traffic Homicide Investigations (Version 2011.04) 80 U-02/05/21 E-10/01/12 100 Crimes Against the Elderly (Version 2012.10) 40 U-02/24/21 E-11/07/08 107 Middle Management (Version 2008.08) 40 U-03/09/21

August 2021 Commission Meeting 3 Agenda Item H

E-04/01/10 809 Field Training Officer Course for Law Enforcement Officers (Version 2010.04) 40 U-05/20/21 E-10/01/10 1100 Field Training Officer Course for Correctional Officers (Version 2010.10) 40 U-03/12/21 E-07/01/95 1138 Violent Crime Investigator Course 40 U-02/05/21 E-12/01/14 1151 Conducting Background Investigations (Version 2014.12) 40 U-02/05/21 E-08/09/12 1152 Investigation and Supervision of Officer Involved Deadly Force Incidents (Version 2012.07) 40 U-02/05/21 E-08/01/08 1158 Speed Measurement Course (Version 2008.08) 40 U-02/17/21 E-10/01/12 1163 Gangs and Security Threat Groups (Version 2012.10) 40 U-02/05/21 E-04/01/11 1165 Spanish for Criminal Justice Professionals (Version 2011.04) 40 U-02/09/21 1166 Advanced Investigative Techniques of Human Trafficking Offenses (Version 2020.11) 40 E-11/05/20 E-01/26/17 1170 Adult Sex Crimes Investigations 40 U-02/03/21 E-05/11/17 1171 Child Sex Crimes Investigations 40 U-10/01/19 E-08/03/18 1172 Child Abuse Investigations (Version 2018.08) 40 U-03/01/19 1400 School Resource Officer Fundamentals (Version 2019.05) 80 E-05/02/19 1404 Interventions and Response (Version 2019.05 40 E-05/02/19 E-10/31/19 1405 Advanced Defensive Tactics (Version 2019.10) 40 U-03/16/21

ATMS Courses Course Course Commission Specialized Instructor Training Program Courses E-Effective Hours Number U-Updated E-07/01/15 800 Vehicle Operations Instructor Course (Version 2015.07) 40 U-02/22/21 E-07/01/11 801 Firearms Instructor Course (Version 2011.07) 44 U-03/26/21 E-07/01/11 802 Defensive Tactics Instructor Course (Version 2019.10) 80 U-03/03/21 1110 Breath Test Instructor Course (Version 2015.08) 40 E-08/01/15 1111 Breath Test Instructor Renewal Course (Version 2015.08) 8 E-08/01/15 E-07/01/15 1114 First Aid Instructor Course (Version 2015.07) 40 U-03/22/21 1115 General Instructor Refresher Course (Version 2021.02) 8 E-02/11/21 E-07/01/11 1159 Speed Measurement Instructor Course (Version 2011.07) 40 U-04/09/21 E-11/05/20 1186 Florida General Instructor Techniques Course (Version 2020.11) 64 U-06/02/21 E-08/08/14 1199 Canine Team Instructor Course (Version 2014.08) 80 U-02/23/21

August 2021 Commission Meeting 4 Agenda Item H

E-04/01/18 1200 Defensive Tactics Instructor Update (Version 2018.04) 24 U-06/19/21 Single Officer Response to Active Threat and Shooter Incidents Instructor (Version E-05/02/19 1403 16 2019.05) U-03/30/21 E-08/04/16 2001 Role-play Scenarios for Facilitative Learning (Version 2016.08) 16 U-02/15/21 E-08/07/14 2006 Canine Team Training Instructor Update Course (Version 2014.08) 24 U-02/24/21

ATMS Courses Course Course Commission Specialized Training Program Courses E-Effective Hours Number U-Updated E-09/04/16 021 Criminal Law (Version 2016.09) 40 U-02/09/21 E-11/09/17 022 Autism Spectrum Disorder Awareness (Version 2017.10) 4 U-02/19/21 E-11/09/17 023 Eyewitness Identification (Version 2017.11) 1 U-02/09/21 E-09/04/16 056 Organized Crime (Version 2016.09) 40 U-02/18/21 E-10/01/13 732 Traffic Control Officer for Civilians (Version 2013.10) 8 U-02/10/21 850 Agency Inspector Course (Version 2015.08) 24 E-08/01/15 851 Breath Test Operator Course (Version 2015.08) 16 E-08/01/15 950 Agency Inspector Renewal Course (Version 2015.08) 6 E-08/01/15 951 Breath Test Operator Renewal Course (Version 2015.08) 4 E-08/01/15 Human Diversity In-service Training for Discriminatory Profiling and E-10/01/01 1131 4 Professional Traffic Stops (Version 2001.10) U-02/10/21 E-02/06/14 1132 Parking Enforcement Specialist for Civilians (Version 2014.02) 16 U-02/10/21 E-02/06/14 1133 Selective Traffic Enforcement Program for Civilians (Version 2014.02) 80 U-01/19/21 E-04/01/05 1134 Criminal Justice Officer Ethics Course (Version 2005.04) 8 U-10/09/20 E-10/01/12 1149 Special Populations (Version 2012.10) 40 U-02/26/21 E-10/01/12 1185 Elder Abuse Investigations (Version 2012.10) 4 U-03/01/21 E-05/19/11 1189 Physical Fitness Trainer Course (Version 2011.05) 24 U-02/23/21 E-05/10/12 1194 Responding to Veterans (Version 2012.05) 16 U-03/03/21 E-07/01/12 1195 Public Safety Telecommunications for Law Enforcement Officers (Version 2016.01) 40 U-11/05/20 E-11/01/12 1196 Contraband Forfeiture (Version 2012.11) 16 U-02/24/21 E-11/01/12 1197 STEP for Red Light Cameras (Version 2012.11) 40 U-03/17/21

August 2021 Commission Meeting 5 Agenda Item H

E-08/07/14 1198 Canine Team Training Course (Version 2014.08) 480 U-03/02/21 E-05/02/19 1401 Crisis Intervention Training for School Resource Officers (Version 2019.05) 24 U-02/12/21 E-05/02/19 1402 Single Officer Response to Active Threat and Shooter Incidents (Version 2019.05) 16 U-02/09/21 1406 Risk Protection Orders 1 E-10/31/19 Identify and Investigate Human Trafficking for Law Enforcement Officers (Version 1407 4 E-05/07/20 2020.05)—Traditional Classroom Identify and Investigate Human Trafficking for Law Enforcement Officers (Version 1408 4 E-05/07/20 2020.05)--Online 1410 Recognizing Head Injuries in Infants and Children 1 E-02/11/21 1411 De-escalation Techniques for Criminal Justice Professionals 16 E-05/06/21 E-11/06/14 2002 Property Repossession Processes (Version 2014.11) 2 U-02/17/21 E-08/01/15 2007 Safe Handling Of Firearms (Version 2015.08) 16 U-10/19/16 District Courts of Appeal Marshal Minimum Standards Training Program (Version E-11/06/14 2008 32 2014.11) U-02/15/21 E-10/01/15 2009 Diabetic Emergencies and Officer Response 2 U-02/16/21

August 2021 Commission Meeting 6 Agenda Item H AGENDA ITEM: I

General Information Agenda Item: Officer Discipline Statistics

ISSUE NUMBER 1 This agenda item is presented to advise the Commission of the statistics for July 2020 – June 2021: Fiscal Year 2020 – 2021 (4th Quarter) for the Probable Cause Cases, Active Open Cases, Commission Disciplinary Case Report, Commission Case Dispositions, and Violations Report.

EXECUTIVE SUMMARY 1. Probable Cause Cases: As of June 30, 2021, 524 probable cause cases have been presented during FY 2020 – 2021: • July – 0 cases • January – 0 cases • August – 106 cases • February – 47 cases • September – 95 cases • March – 70 cases • October – 0 cases • April – 0 cases • November – 42 cases • May – 59 cases • December – 45 cases • June – 60 cases 2. Active open cases: As of June 30, 2021, 1,932 cases are open in the following categories: • Awaiting information: 1,331 cases (68.89% ); • Pending probable cause: 140 cases (7.25%); • Pending final Commission action: 284 cases (14.69%); • Pending formal hearing: 66 cases (3.42%); • Probation/Suspension: 111 cases (5.75%). 3. July 2020 – June 2021, Commission Disciplinary Case Report: Commission Case Dispositions. See supporting information on page 2. 4. Violations Report: Most Frequent Violations presented to Commission and the Most Frequent Violations Resulting in Revocation or Relinquishment is on page 3. 5. Respondents who have completed probation or suspension are on page 4. 6. Officer discipline cases added to the National Decertification Index for the period July 2020 – June 2021: 221 Revocations; and 213 Voluntary Relinquishments.

RECOMMENDATION(s): This agenda item does not require Commission action.

VOTING IMPACT CONSEQUENCES OF A “YES” VOTE ON STAFF RECOMMENDATION: A vote is not required.

CONSEQUENCES OF A “NO” VOTE ON STAFF RECOMMENDATION: A vote is not required.

August 2021 Commission Meeting 1 Agenda Item I CJS&T COMMISSION DISCIPLINARY CASE REPORT FOR JULY 2020 TO JUNE 2021

Cases Presented to CJS&T Commission

CERTIFICATION TYPE TOTAL NUMBER NUMBER OF NUMBER OF NUMBER OF NUMBER OF PERCENT OF OF OFFICERS CASES TAKEN TO DISCIPLINARY CASES CASES STATEWIDE STATEWIDE FULL CHARGES DISMISSED/ NO DISCIPLINED OFFICERS COMMISSION (VIOLATIONS) CAUSED DISCIPLINED

Law Enforcement 48,274 188 323 13 175 .206 Correctional 29,493 440 686 34 406 .478 Correctional Probation 2,223 30 31 2 28 .033 Concurrent 4,923 29 33 3 26 .031 TOTAL 84,913 687 1073 52 635 .748

Case Dispositions by the CJS&T Commission

Certification Type No Caused Letter of Letter of Probation Suspended Reprimand Denied Voluntary Revoked TOTAL Dismissed Acknow- Guidance Relinquished Withdrew ledgment Application Law Enforcement 13 28 18 9 28 0 5 34 53 188 Correctional 34 26 19 11 33 0 7 159 151 440 Correctional Probation 2 3 0 0 0 0 0 18 7 30

Concurrent 3 1 1 2 7 0 3 2 10 29 TOTAL 52 58 38 22 68 0 15 213 221 687

August 2021 Commission Meeting 2 Agenda Item I CJS&T COMMISSION VIOLATIONS REPORT FROM JULY 2020 TO JUNE 2021

Most Frequent Violations Presented to the CJS&T Commission (All Violations)

Law Enforcement Correctional Correctional Probation/ Concurrent Number of Violations Number of Violations Number of Violations Number of Violations 34 – DUI 69 – DUI 4 – Battery – Domestic Violence 5 – DUI 26 – Excessive Force by Law Enforce. 48 – Battery 2 – DUI 5 – Misuse of Electronic Device 22 – False Statement 28 – Excessive Force by Corrections 2 – Misuse of Public Position 5 – Battery 19 – Battery 22 – Marijuana – Positive Drug Test 1 – Sex Offense 2 – False Statement 13 – Misuse Public Position 22 – Smuggle Contraband into Prison 1 – Criminal Mischief 2 – Battery – Domestic Violence 12 – Perjury 21 – False Statement 1 – Trespassing 1 – Sexual Harassment 10 – Battery – Domestic Violence 20 – Petit Theft 1 – False Statement 1 – Falsifying Records

Most Frequent Violations Presented to the CJS&T Commission Resulting in REVOCATION or RELINQUISHMENT

Law Enforcement Correctional Correctional Probation Concurrent Number of Violations Number of Violations Number of Violations Number of Violations 13 – False Statement 37 – DUI 2 – False Statement 2 – Battery 11 – DUI 27 – Battery 2 – Misuse of Public Position 1 – DUI 8 – Probation Violation 18 – Marijuana – Positive Drug Test 1 – Trespassing 1 – Grand Theft 8 – Misuse of Public Position 15 – Fraud 1 – False Statement 1 – Falsifying Records 6 – Perjury 14 – Petit Theft 1 – Criminal Mischief 1 – Resisting Officer

August 2021 Commission Meeting 3 Agenda Item I RESPONDENTS WHO HAVE COMPLETED THEIR PROBATION OR SUSPENSION Date Respondent’s Name Case Number Probation/Suspension Completed Christopher M. Bryant 43998 June 2, 2021 Jason S. Lee 43943 May 19, 2021 Michael Robinson 44507 April 22, 2021 Anthony Rowan 41111 May 4, 2021 Gregory Stanley 43394 June 4, 2021 Jarett S. Tyus 43964 June 4, 2021 Joseph Williams 43152 June 1, 2021 Jameka Wilson 41097 June 23, 2021

August 2021 Commission Meeting 4 Agenda Item I AGENDA ITEM: J

General Information Agenda Item: Curriculum Updates Pursuant to Section 943.17, F.S.

ISSUE NUMBER 1 This agenda item is presented to the Commission in compliance with the statutory requirement for staff to advise the Commission of any revision to approved basic recruit, advanced, and specialized curricula.

EXECUTIVE SUMMARY 1. Pursuant to Section 943.17, F.S., the Commission is responsible for the development and maintenance of basic recruit, advanced, and specialized training programs for Florida law enforcement, correctional, and correctional probation officers. Section 943.17(3), F.S., provides that the Program is responsible for the accuracy of curriculum content through the identification and revision of typographical or grammatical errors, incorrect statutory citations, or information which can be identified as inaccurate by superior references. The statute states that the Commission shall be advised of any revision, and a copy of revised curricula shall be provided to all criminal justice training schools. 2. Curriculum Alerts were created in an ongoing effort to ensure that Florida officers receive accurate and up-to- date information in curricula approved by the Criminal Justice Standards and Training Commission. Curriculum Alerts document revisions to approved curricula that are considered critical in nature. Revisions come through several sources including subject matter experts, instructors, officers, agencies, and superior references such as the Legislature and a court of jurisdiction. Curriculum alerts are distributed to training schools and posted on the FDLE website and the Automated Training Management System. 3. To further formalize and document revisions to the Commission’s approved curricula under Section 943.17(3), F.S., an issue is included in each quarterly meeting packet identifying the Commission courses that have been revised within the previous quarter. 4. The curriculum changes that are reflective of “legislative action” only, will be included in this agenda item. Impacted course curricula will be distributed to the training schools and certified instructors with other Commission-approved curriculum updates.

RECOMMENDATION(s): This agenda item does not require Commission action.

VOTING IMPACT CONSEQUENCES OF A “YES” VOTE ON STAFF RECOMMENDATION: A vote is not required.

CONSEQUENCES OF A “NO” VOTE ON STAFF RECOMMENDATION: A vote is not required.

August 2021 Commission Meeting 1 Agenda Item J SUPPORTING INFORMATION

2021-08—March 22, 2021—Florida Basic Recruit Training Program, Law Enforcement, Chapter 7—Criminal Investigations (Version 2020.07) Updates references and statute information; updates information on probable cause for possession of a controlled substance.

2021-09—June 2, 2021—Florida Basic Recruit Training Program High Liability Chapter 3—Criminal Justice Firearms (Version 2021.07) Corrects label on illustration of handgun nomenclature.

2021-10—June 2, 2021—Florida General Instructor Techniques Course Specialized Instructor Course 1186 (Version 2020.11) Updates information on obtaining High-Liability Instructor Certification and maintaining both General Instructor and High-Liability Instructor Certification.

2021-11—June 10, 2021—Line Supervision Advanced Course 006 (Version 2021.05) Updates Leadership Development lesson with sample Rating Sheet.

2021-12—July 1, 2021— Florida Basic Recruit Training Program High Liability Chapter 2–First Aid for Criminal Justice Officers (Version 2021.07) Updates information on “duty to act” and explains that officers must render first aid following use of force incidents when the person who is detained or in custody is injured or requires medical attention.

2021-13—July 1, 2021—Florida Basic Recruit Training Program High Liability Chapter 4–Criminal Justice Defensive Tactics (Version 2021.07) Incorporates new information on preventing excessive use of force and the duty to intervene; also clarifies difference between the vascular neck restraint and chokeholds.

2021-14—July 1, 2021—Florida Basic Recruit Training Program High Liability Chapter 5–Conducted Electrical Weapon/Dart-Firing Stun Gun (Version 2021.07)

Explains that officers must render first aid following use of CEW when the person who is detained or in custody is injured or requires medical attention.

2021-15—July 1, 2021—Basic Recruit Training Program Law Enforcement Chapter 6—Serving Your Community (Version 2021.07) Updates statute references and expands section to explain that officers may not arrest a juvenile younger than 7 unless the violation is a forcible felony or third-degree felony of burglary or trespassing with burglary tools.

2021-16—July 1, 2021—Florida Basic Recruit Training Program Law Enforcement Chapter 7–Crimes Against Persons (Version 2021.07) Updates sections on Assault, Battery, and Reclassification to include information about riots; domestic violence section expanded to explain that officers may not arrest a juvenile younger than 7; expanded section on responding to domestic violence calls; “cyberstalking” and “cyberintimidation” added to Stalking Crimes lesson; added elements of crimes for abuse of an elderly person; updated lesson goal for Missing or Missing Endangered Persons lesson and added definition of missing child and information on Purple Alert.

August 2021 Commission Meeting 2 Agenda Item J 2021-17—July 1, 2021—Florida Basic Recruit Training Program Law Enforcement Chapter 8–Crimes Involving Property and Society (Version 2021.07) Updates lesson on theft to include information on theft arising from a riot; includes new definition of riot; updates criminal mischief lesson to include destruction of memorials and historical property; expands lesson on Breach of the Peace, Disorderly Conduct to include expanded information on mob intimidation and rioting. New terms have been added to glossary. The accompanying instructor guide has also been updated to reflect the changes

2021-18—July 1, 2021—Florida Correctional Probation Officer Training Academy Chapter 2–Legal Foundations for Correctional Probation Officers (Version 2021.07) Changes terminology from “Military Veterans and Service Members Court Program” to “Veterans Treatment Court Program” and updates information on determining eligibility for participation.

2021-19—July 1, 2021—Florida Law Enforcement Auxiliary Academy Chapter 2–Legal Concepts, Chapter 3– Patrol and Professional Communication, and Chapter 4–Interactions in a Diverse Community (Version 2021.07) Adds information to Chapter 2 on enhanced sentencing for assault, aggravated assault, and battery committed during a riot; adds information about mob intimidation and riots. Adds trauma-informed interviewing to Chapter 3. Adds information about establishing probable cause in cases of abuse and explains that officers may not arrest a juvenile younger than 7 to Chapter 4. The accompanying instructor guides have also been updated to reflect the changes.

August 2021 Commission Meeting 3 Agenda Item J

Criminal Justice Standards and Training Commission P.O. Box 1489 │ Tallahassee, FL 32302-1489 │ (850) 410-8600

Curriculum Alert

March 22, 2021

Curriculum Alert 2021-08

Florida Basic Recruit Training Program Law Enforcement Chapter 7—Criminal Investigations Version 2020.07

Effective immediately, please make the following changes.

REVISIONS

Unit 2: Crimes Against Society Lesson 2: Illicit Drugs and Vice Crimes Illicit Drugs, page 355

Section 893.13, F.S., outlines the elements of possession of a controlled substance. To establish probable cause for possession of a controlled substance, document that the suspect: • knew of the presence of the substance, and: • had possession of the substance, (actual or constructive). exercised control or ownership over the substance, and • knew the substance was an illicit controlled substance. Chapter 893, F.S., provides The following definitions to clarify the meaning of possession: • Possession means to have personal charge of or exercise the right of ownership, management, or control over the thing possessed. Possession may be actual or constructive. • Actual possession means the controlled substance is in the hand of or on the suspect, or in a container in the hand of or on the suspect, or so close as to be within ready reach and is under the control of the suspect. Mere proximity to a controlled substance is not sufficient to establish possession over the substance when it is not in a place over which the suspect has control. • Constructive possession means the controlled substance is in a place over which the suspect has control, or in which the suspect has concealed it. • Joint possession means two or more suspects may jointly possess an article, exercising control over it. In that case, each of those suspects is in possession of that article.

Curriculum Alert 2021-08 1 August 2021 Commission Meeting 4 Agenda Item J

Criminal Justice Standards and Training Commission P.O. Box 1489 │ Tallahassee, FL 32302-1489 │ (850) 410-8600

Curriculum Alert

If a suspect has sole possession of a controlled substance, infer or assume the suspect had knowledge of its presence. If a suspect does not have exclusive possession of a controlled substance, you must not infer or assume the suspect had knowledge of its presence. Be aware that a person’s presence in a room or building where there are drugs or other contraband does not necessarily mean the person has committed a crime.

Garrett Riggs Training and Research Manager Curriculum Section (850) 410-8648 [email protected]

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Curriculum Alert 2021-08 2 August 2021 Commission Meeting 5 Agenda Item J

Criminal Justice Standards and Training Commission P.O. Box 1489 │ Tallahassee, FL 32302-1489 │ (850) 410-8600

Curriculum Alert

June 2, 2021

Curriculum Alert 2021-09

Florida Basic Recruit Training Program High Liability Chapter 3—Criminal Justice Firearms Version 2021.07

Effective immediately, please make the following changes.

REVISIONS

Unit 3: Handgun Use—Semiautomatic Pistol Lesson 1: Firearms Familiarization Figure 3-5 Semiautomatic Pistol, page 155

Figure 3-5 illustrates the nomenclature for three different makes of handgun: Sig, Beretta, and .

The Sig and Beretta are positioned at the top of the figure. The part labeled as “slide lock” on these two handguns should read “takedown lever.” The nomenclature for the Glock, illustrated at the bottom of the figure, is correct.

Garrett Riggs Training and Research Manager Curriculum Section (850) 410-8648 [email protected]

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Attachment: Fig. 3-5 Semiautomatic pistol

Curriculum Alert 2021-09 1 August 2021 Commission Meeting 6 Agenda Item J

Criminal Justice Standards and Training Commission P.O. Box 1489 │ Tallahassee, FL 32302-1489 │ (850) 410-8600

Curriculum Alert

Curriculum Alert 2021-09 2 August 2021 Commission Meeting 7 Agenda Item J

Criminal Justice Standards and Training Commission P.O. Box 1489 │ Tallahassee, FL 32302-1489 │ (850) 410-8600

Curriculum Alert

June 2, 2021

Curriculum Alert 2021-10

Florida General Instructor Techniques Course Specialized Instructor Course 1186 Version 2020.11

Effective immediately, please begin using the updated version of this course. The following changes were made.

REVISIONS

Student Guide Changes Lesson 13: Instructor Certification, pages 90-92 and 94

High-Liability Instructor Certification, pages 90-92 13.3. Describe the requirements for obtaining a High-Liability Topic Instructor Certification A person who seeks certification as a High-Liability Instructor must meet the minimum requirements: 1. Possess a General Instructor Certification or be eligible and apply for the certification at the same time as the High-Liability Instructor Certification. Multiple high-liability topics may be applied for at the same time. If applying for more than one instructor certification at the same time, the student may take the applicable instructor courses in any order. 2. Complete the three-year experience requirement as a certified criminal justice officer or the three-year experience requirement in the high-liability topic of instruction for the certification you seek. 3. Complete the applicable instructor course through a Commission-certified training school, achieve a score of no less than 85% on a written end-of-course examination, and demonstrate proficiency skills as required in CJSTC rules. a. Defensive Tactics instructor students must demonstrate all defensive tactics techniques specified in the course at 100%. b. First Aid instructor students must demonstrate all first aid proficiency skills specified in the course at 100%. c. Vehicle Operations Instructor students must demonstrate all vehicle operations proficiency skills with four out of five runs (80%) for each exercise specified in the course. d. Firearms Instructor students must demonstrate all firearms proficiency skills at 85% for the handgun and long gun as specified in the course. There is no remediation for a student, either for the end-of-course examination or for the demonstration of proficiency skills.

Curriculum Alert 2021-10 1

August 2021 Commission Meeting 8 Agenda Item J

Criminal Justice Standards and Training Commission P.O. Box 1489 │ Tallahassee, FL 32302-1489 │ (850) 410-8600

Curriculum Alert

4. Become affiliated or employed with one agency or training school within four years of completing high- liability instructor training. Before accepting the affiliation of the instructor, the training school director or agency administrator may require additional proof or demonstration of an instructor applicant’s qualifications beyond the CJSTC rule requirements. 5. Complete a high-liability internship under the supervision of a CJSTC-certified instructor in the same high- liability area. a. For the General Instructor Certification, an instructor applicant should have completed an internship instructing in a classroom lecture setting. Therefore, another classroom demonstration is not required for a High-Liability Certification. However, instructor applicants requesting a High-Liability Instructor Certification must demonstrate training students in the performance areas of the course. Acting as the range master or safety officer does not count as an internship. b. If applying for both a General Instructor and High-Liability Certification at the same time, a student may combine the required internships. c. Students in the class where you complete your internship will provide written evaluations of the instructor applicant’s performance and effectiveness. The training center director, agency administrator, or designee will discuss the evaluations with the instructor applicant. d. Document the internship on Form CJSTC-81, Instructor Competency Checklist. The training center director, agency administrator, or designee is responsible for completing and discussing the checklist with the instructor applicant. Attach the student evaluations to the Form CJSTC-81. 6. Submit an application for CJSTC instructor certification by completing Form CJSTC-71, Instructor Certification Application, and attaching all required documentation specified on the form, to include: a. Resume for non-sworn instructor applicants or ATMS Global Profile Sheet for officers b. Copies of the instructor course completion certificate or ATMS Global Profile Sheet indicating course completion for each certification requested c. Completed performance evaluation form for each certification requested, such as: i. CJSTC-4—Firearms Performance Evaluation ii. CJSTC-5—First Aid Performance Evaluation [First Aid also requires a current CPR instructor certificate. Medical professionals may be exempt from General Instructor Certification and must provide copies of their current professional certification and CPR Instructor Certificate. Medical professionals who are exempt from General Instructor Certification are only eligible to teach First Aid.] iii. CJSTC-6—Defensive Tactics Performance Evaluation iv. CJSTC-7—Vehicle Operations Performance Evaluation d. Applicable professional licenses or certifications e. Completed Form CJSTC-81, Instructor Competency Checklist f. Student evaluations of the instructor applicant

Curriculum Alert 2021-10 2

August 2021 Commission Meeting 9 Agenda Item J

Criminal Justice Standards and Training Commission P.O. Box 1489 │ Tallahassee, FL 32302-1489 │ (850) 410-8600

Curriculum Alert

g. ATMS Global Profile Sheet of the CJSTC certified instructor evaluator who completed Form CJSTC- 81 The instructor applicant must apply for instructor certification within four years of the completion date of the instructor training. If an instructor applicant does not apply within four years, they must complete the General Refresher Course, and an internship documented on Form CJSTC-81, and demonstrate the proficiency skills applicable to the high-liability topic before submitting an application. If a high-liability instructor applicant does not apply within four years, they must retake the applicable High-Liability Instructor Course and comply with the requirements for a new High-Liability Instructor Certification. To complete the application process, the training center or agency will enter the instructor application in ATMS. The ATMS sends an electronic notification to the FDLE regional representative that the application is ready for review. Within 30 days, the FDLE representative will review the application and accompanying documentation and, if complete, will finalize the instructor certification in ATMS. Verify proof of instructor certification and the effective dates through the officer’s ATMS Global Profile Sheet.

Maintaining Certification, page 94 13.6. Describe the requirements for maintaining a General Instructor Certification To maintain a General Instructor Certification, an instructor must 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, and complete Form CJSTC-84, Instructor Compliance Application, and submit to their affiliating school or agency before March 31 of their expiration year. An instructor can use the same roster to recertify in General Instructor Techniques and only one high-liability topic. For example, if an instructor is recertifying in General Instructor Techniques and Firearms Instructor, they can use the roster from the Firearms class to satisfy both General Instructor Techniques and the Firearms Instructor certification. The affiliating training center or agency will enter Form CJSTC-84 in ATMS to renew and maintain the instructor certification. Failure to meet maintenance requirements will result in a lapse of the instructor certification. Instructors who allow their General Instructor Certification to lapse for a period of four or fewer years past their March 31 expiration date, years or more must meet the following requirements to reactivate their certification. Complete the General Instructor Refresher Course. Complete an internship documented on the Form CJSTC-81, Instructor Competency Checklist. Reapply for instructor certification using Form CJSTC-71, Instructor Certification Application, as explained above. 13.7. Describe the requirements for maintaining a High-Liability Instructor Certification To maintain a High-Liability Instructor Certification, an instructor must meet the following requirements. 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, once during their four-year cycle.

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August 2021 Commission Meeting 10 Agenda Item J

Criminal Justice Standards and Training Commission P.O. Box 1489 │ Tallahassee, FL 32302-1489 │ (850) 410-8600

Curriculum Alert

Successfully complete continuing education or training approved by the training center director, agency administrator, or designee. Complete Form CJSTC-84, Instructor Compliance Application, and submit to their affiliating school or agency before March 31 of their expiration year. The affiliating training center or agency will enter Form CJSTC-84 in ATMS to renew and maintain the instructor certification. Failure to meet maintenance requirements will result in a lapse of the instructor certification. Instructors who allow their High-Liability Instructor Certification to lapse for a period of four years or more fewer years past their March 31 expiration date, must meet the following requirements to reactivate their certification. Demonstrate proficiency skills as outlined above. Complete Form CJSTC-81, Instructor Competency Checklist. Provide documentation of continuing education or training. Apply for instructor certification using Form CJSTC-71, Instructor Certification Application, as explained above. Reactivate the General Instructor Certification, if expired. Instructors who allow their High-Liability Instructor Certification to lapse for a period of more than four or more years past their March 31 expiration date, must complete the applicable High-Liability Instructor Course and comply with all the requirements for a new High-Liability Instructor Certification.

Judd Butler Training and Research Manager Distance Learning (850) 410-8654 [email protected]

JB/cag

Curriculum Alert 2021-10 4

August 2021 Commission Meeting 11 Agenda Item J

Criminal Justice Standards and Training Commission P.O. Box 1489 │ Tallahassee, FL 32302-1489 │ (850) 410-8600

Curriculum Alert

June 10, 2021

Curriculum Alert 2021-11

Line Supervision Advanced Course 006 Version 2021.05

Effective immediately, please note the following change.

REVISIONS

Line Supervision, Student Guide Lesson 3: Leadership Development, new page 33.

The next page contains a Rating Sheet that has been inserted as a new page 33.

Judd Butler Training and Research Manager Distance Learning Section (850) 410-8654 [email protected]

JB/sc

Curriculum Alert 2021-11 1

August 2021 Commission Meeting 12 Agenda Item J

Criminal Justice Standards and Training Commission P.O. Box 1489 │ Tallahassee, FL 32302-1489 │ (850) 410-8600

Curriculum Alert

Curriculum Alert 2021-11 2

August 2021 Commission Meeting 13 Agenda Item J

Criminal Justice Standards and Training Commission P.O. Box 1489 │ Tallahassee, FL 32302-1489 │ (850) 410-8600

Curriculum Alert

July 1, 2021

Curriculum Alert 2021-12

Florida Basic Recruit Training Program High Liability Chapter 2–First Aid for Criminal Justice Officers Version 2021.07

Effective immediately, please begin using the updated version of this course. The following changes were made.

REVISIONS

Unit 1: Preparing to Respond to Emergencies Lesson 1: Legal and Ethical Issues Duty to Act, page 43

According to Black’s Law Dictionary, duty to act is “a duty to take some action to prevent harm to another, and for the failure of which one may be liable, depending on the relationship of the parties and the circumstances.”

Duty to act refers to your contractual or legal obligation to provide care. If you are a correctional officer or correctional probation officer, you have an obligation to provide care to a patient who needs and consents to care only while you are on duty. If you are a law enforcement officer, you have a duty to act 24/7 within your jurisdictional boundaries. You also have the duty to render first aid following a use of force when you know, or it is evident, that the person detained or in custody is injured or requires medical attention. Provide first aid or seek additional medical assistance when it is reasonable, based on the totality of the circumstances, and without jeopardizing your health or safety. Refer to your agency policies and procedures, as jurisdictional boundaries can extend based on a mutual aid agreement. Breach of duty occurs when you either fail to act or act inappropriately.

Garrett Riggs Training and Research Manager Curriculum Section (850) 410-8648 [email protected]

GR/cag

Curriculum Alert 2021-12 1

August 2021 Commission Meeting 14 Agenda Item J

Criminal Justice Standards and Training Commission P.O. Box 1489 │ Tallahassee, FL 32302-1489 │ (850) 410-8600

Curriculum Alert

July 1, 2021

Curriculum Alert 2021-13

Florida Basic Recruit Training Program High Liability Chapter 4–Criminal Justice Defensive Tactics Version 2021.07

Effective immediately, please begin using the updated version of this course. The following changes were made.

REVISIONS

Unit 2: Use of Force Lesson 1: Force Guidelines

Officer Response Options, page 262

Officers have a legal responsibility to prevent excessive use of force, or intervene during an excessive use of force encounter by other officers. Section 943.1735, F.S., defines excessive use of force as force that exceeds the degree of force permitted by law, policy, or the observing officer’s employing agency. To intervene, an on-duty officer must: • observe another officer engaging, or attempting to engage, in excessive use of force; • choose an intervention that is reasonable based on the totality of the circumstances; and • not jeopardize their own health or safety.

Unit 3: Use of Force Lesson 11: Vascular Neck Restraints

Vascular Neck Restraints, page 335

The vascular neck restraint compresses certain veins and arteries in the neck to cause a subject to lose consciousness briefly. The technique is not to be confused with a chokehold. Section 943.1735 F.S., defines a chokehold as the intentional and prolonged application of force to the throat, windpipe, or airway of another person that prevents the intake of air. The term does not include any hold involving contact with another person’s neck that is not intended to prevent the intake of air. While recruits are not trained to use chokeholds, employing agencies may authorize

Curriculum Alert 2021-13 1

August 2021 Commission Meeting 15 Agenda Item J

Criminal Justice Standards and Training Commission P.O. Box 1489 │ Tallahassee, FL 32302-1489 │ (850) 410-8600

Curriculum Alert

the use of a chokehold if the officer perceives an immediate threat of serious bodily injury or death to himself, herself, or another person.

Instructor Guide Unit 2: Use of Force Lesson 1: Force Guidelines, pages 210–211

Instructional Objectives DT421.1. Identify elements of the Florida Statutes related to the use of force by criminal justice officers. DT421.2. Explain the provisions of chapters 944 and 945, F.S., related to the use of force by state correctional and correctional probation officers. DT421.3. Explain the concept of objective reasonableness. DT421.4. Explain that subject resistance and officer response may change rapidly. DT421.5. Apply the legal authority for an officer’s response to a subject’s resistance. DT421.6. Explain escalation, de-escalation, and disengagement. DT421.7. Explain how the injury potential to an officer may affect their response. DT421.8. Define passive resistance. DT421.9. Define active resistance. DT421.10. Define aggressive resistance. DT421.11. Define deadly force resistance. DT421.13. Define physical control. DT421.14. Define less lethal weapon. DT421.15. Discuss deadly force in relation to defensive tactics. DT421.16. Identify what is needed to justify using deadly force. DT421.17. Identify the circumstances when an officer has the duty to intervene. DT421.17 18. Identify the subject’s ability, opportunity, and intent as they relate to the officer’s response to resistance. DT421.18 19. Explain what totality of circumstances means. DT421.19 20. Identify various situational factors that may influence the use of force.

Performance Objectives DT421.12. Demonstrate officer presence. DT421.20 21. Apply reasonable and necessary force to given situations.

Text/Materials/Instructional Aids Florida Basic Recruit Training Program: High Liability, Vol. 2 (Chapter 4)

Curriculum Alert 2021-13 2

August 2021 Commission Meeting 16 Agenda Item J

Criminal Justice Standards and Training Commission P.O. Box 1489 │ Tallahassee, FL 32302-1489 │ (850) 410-8600

Curriculum Alert

Florida Statutes PowerPoint: CJSTC Use of Force Application Tool (optional) Select one of the following: Law Enforcement, Correctional, or Correctional Probation. PowerPoint: Force Guidelines (optional)

Required Activities Discuss issues related to the legal use of force, including: • constitutional and statutory authority to use force • objective reasonableness • totality of circumstances • subject resistance levels • officer response options • situational factors • criteria for use of deadly force • escalation, de-escalation, disengagement Explain excessive use of force and when an officer has a duty to intervene. Explain the Force Guidelines.

Garrett Riggs Training and Research Manager Curriculum Section (850) 410-8648 [email protected]

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Curriculum Alert 2021-13 3

August 2021 Commission Meeting 17 Agenda Item J

Criminal Justice Standards and Training Commission P.O. Box 1489 │ Tallahassee, FL 32302-1489 │ (850) 410-8600

Curriculum Alert

July 1, 2021

Curriculum Alert 2021-14

Florida Basic Recruit Training Program High Liability Chapter 5–Conducted Electrical Weapon/Dart-Firing Stun Gun Version 2021.07

Effective immediately, please begin using the updated version of this course. The following changes were made.

REVISIONS

Use of the Conducted Electrical Weapon, page 382

After Care

Based on your training and agency policies, consider removing the probes if all signs of resistance are gone. Treat removed probes as biohazard sharps. You have the duty to render first aid after using a CEW when you know, or it is evident, that the person detained or in custody is injured or requires medical attention. Provide first aid or seek additional medical assistance when it is reasonable, based on the totality of the circumstances, and without jeopardizing your health or safety. If there is excessive bleeding, get immediate medical attention for the subject. Look for and treat any possible secondary injuries, and seek medical attention if required. Trained medical professionals should remove all deeply embedded probes or probes that penetrate sensitive tissue areas (for example, neck, face, groin, and breast). Monitor anyone in custody who has been subjected to CEW use, even if the subject is receiving medical care.

Garrett Riggs Training and Research Manager Curriculum Section (850) 410-8648 [email protected]

GR/cag

Curriculum Alert 2021-14 1

August 2021 Commission Meeting 18 Agenda Item J

Criminal Justice Standards and Training Commission P.O. Box 1489 │ Tallahassee, FL 32302-1489 │ (850) 410-8600

Curriculum Alert

July 1, 2021

Curriculum Alert 2021-15

Florida Basic Recruit Training Program Law Enforcement Chapter 6—Serving Your Community Version 2021.07

Effective immediately, please begin using the updated version of this course. The following changes were made.

REVISIONS

Unit 1: Interacting With Your Community Lesson 3: Serving Juveniles Interacting With Juveniles, page 230

A high degree of self-control, patience, flexibility, and understanding is required to work effectively with juveniles. You must be able to adapt to whatever situation arises with a juvenile, whether dealing with home environment, bullying, truancy, rebellion, or dangerous behavior. To build a positive relationship, provide information and support through empathy, comfort, and physical assistance, such as buying groceries for a juvenile who is trying to steal food. When interacting with juveniles, you may interact with their families as well. Look for ways to provide guidance to juveniles and their families; this will help increase your support within the community and build relationships and networks that will benefit the overall law enforcement effort. When dealing with juvenile offenders, you can take a variety of actions, depending on the seriousness of the problem and the evidence, if any, of misconduct. Your actions may involve issuing commands, informing the parents or guardians, conducting an investigation, arresting the juvenile, or releasing the juvenile. When interacting with a juvenile younger than 7 years of age, you may not arrest, charge, or adjudicate them delinquent unless the violation is a forcible felony or a third-degree felony of burglary or trespassing with burglary tools. You and other law enforcement officers can serve as role models and help steer potential juvenile offenders toward becoming law-abiding citizens.

Curriculum Alert 2021-15 1 August 2021 Commission Meeting 19 Agenda Item J

Criminal Justice Standards and Training Commission P.O. Box 1489 │ Tallahassee, FL 32302-1489 │ (850) 410-8600

Curriculum Alert

Statute and F.A.C. Index, pages 631–632

Chapter 6 Responding to Diverse Populations 42 U.S.C. s. 12101, Americans with Disabilities Act s. 393.063, F.S., Definitions (developmental disability) s. 394.455, F.S., Definitions (mental illness) s. 394.463, F.S., The Baker Act s. 397.675, F.S., The Marchman Act s. 420.621, F.S., Definitions (homeless) s. 817.535, F.S., Unlawful filing of false documents or records against real or personal property s. 874.03, F.S., Definitions (criminal gang) s. 943.0439, F.S., Interviews of victims, suspects, or defendants with autism or an autism spectrum disorder s. 985.03, F.S., Definitions (child, juvenile, or youth) s. 985.031, F.S., Age limitation

Garrett Riggs Training and Research Manager Curriculum Section (850) 410-8648 [email protected]

GR/tp

Curriculum Alert 2021-15 2 August 2021 Commission Meeting 20 Agenda Item J

Criminal Justice Standards and Training Commission P.O. Box 1489 │ Tallahassee, FL 32302-1489 │ (850) 410-8600

Curriculum Alert

July 1, 2021

Curriculum Alert 2021-16 Florida Basic Recruit Training Program Law Enforcement Chapter 7–Crimes Against Persons Version 2021.07

Effective immediately, please begin using the updated version of this course. The following changes were made.

REVISIONS

Unit 2: Crimes Against Persons Lesson 1: Assault and Battery

Assault, page 286

Chapter 784, F.S., outlines the elements of both assault and battery. An assault involves verbal or non-verbal threats. For example, if someone walks up to you within striking distance and suddenly raises their fist in a manner that puts you in fear of being harmed, even if they do not say a word, they committed assault.

For assault, document that the suspect: • intentionally and unlawfully threatened, by either word or act, to do violence to a victim, • at the time, appeared to have the ability to carry out the threat, and • created in the mind of the victim a well-founded fear that violence was about to take place. A person who commits assault commits a misdemeanor of the second degree; however, if the assault is in furtherance of a riot or aggravated riot, they commit a misdemeanor of the first degree.

For aggravated assault, document that the suspect committed all the elements of assault and in addition, made the assault with a deadly weapon without intent to kill, or with an intent to commit a felony. A weapon is a deadly weapon if someone uses or threatens to use it in a way likely to cause death or great bodily harm. Even if a person points a gun at the victim with no intention of firing it, this is aggravated assault if the victim fears the person will shoot them.

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August 2021 Commission Meeting 21 Agenda Item J

Criminal Justice Standards and Training Commission P.O. Box 1489 │ Tallahassee, FL 32302-1489 │ (850) 410-8600

Curriculum Alert

A person who commits aggravated assault commits a felony of the third degree; however, if the aggravated assault is in furtherance of a riot or aggravated riot, they commit a felony ranked one level above the offense committed.

Battery, page 287

For battery, document that the suspect: • actually and intentionally touched or struck the victim against their will, or • intentionally caused bodily harm to the victim. When a suspect has one prior conviction for battery, aggravated battery, or felony battery and commits any second or subsequent battery, the charge is reclassified from a misdemeanor battery charge to a felony battery charge. If a person commits a battery in furtherance of a riot or an aggravated riot, they commit a felony of the third degree.

Aggravated battery includes the element of intent or knowing that you will cause great bodily harm. If the victim is pregnant at the time of the battery, whether the suspect knew or should have known they were pregnant, this also upgrades a the battery charge to aggravated battery. A person who commits aggravated battery in furtherance of a riot or aggravated riot commits a felony ranked one level above the offense committed.

For aggravated battery, document that the suspect committed battery, and: • intentionally or knowingly caused great bodily harm, permanent disability, permanent disfigurement to the victim; or • used a deadly weapon.

Unit 2: Crimes Against Persons Lesson 2: Domestic Violence

Child to Parent Domestic Violence, page 292

Child domestic battery occurs when a child commits an act of violence against a parent, sibling, or other family member living in the home.

Child domestic battery is not intimate partner violence; it is predominantly a family dysfunction or a child-specific problem. Some children have mental health issues or experience ongoing family cycles of violence, neglect, physical or sexual abuse, substance abuse, or criminal involvement.

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Criminal Justice Standards and Training Commission P.O. Box 1489 │ Tallahassee, FL 32302-1489 │ (850) 410-8600

Curriculum Alert

As you interview a child and family members, determine if the violent behavior is an isolated event due to typical family dynamics or individual stress. Ask the parent if this is the first time something like this happened. If so, you might suggest family counseling or conflict resolution services.

Sometimes children defend against another family member. This may be a response to a physical threat by an abusive or domineering parent. Interview the children and parents separately to determine if this may be the case. Determine if child abuse or child sexual abuse occurred. Children who defend themselves or a parent against domestic violence display an exposure to criminal violence. This will require calling the Abuse Hotline at 1-800-96-ABUSE or 1-800-962- 2873, or reporting it online at the Department of Children and Families (DCF), as the family may benefit from DCF intervention.

It is more difficult to determine if a child acted out because the family is in chaos. In talking to the parents, you may find that the child intimidates, controls, and coerces them to give in to the child’s demands and that the child’s behavior has escalated from yelling and shoving to hitting, strangling, or other types of serious violence. This type of incident carries a high risk of harm to parents and family members.

Use your discretion on whether to arrest the child by evaluating the totality of the circumstances. If the child is younger than 7 years of age, you may not arrest, charge, or adjudicate them delinquent unless the violation is a forcible felony. After gathering essential information, determine if you will arrest the child, refer the family to appropriate interventions, refer the child to another family member’s home or a respite diversion program to “cool off,” or make an arrest based on the ongoing risk level of harm to others.

The circumstances surrounding each child domestic battery incident are unique and require an individualized response. Refer families to the Florida Network of Youth and Family Services for local and statewide resources for emergency shelter services, and individual and family counseling.

Responding to a Domestic Violence Incident, page 293

Follow the basic investigative sequence outlined in the first lesson of this chapter. Your initial focus will be officer safety and de-escalating the tensions between the people involved in the incident. When probable cause for arrest does not exist, you and the backup officer will explain the options available to each party separately, such as: • getting counseling • acting on information provided in the Notice of Legal Rights and Remedies brochure

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August 2021 Commission Meeting 23 Agenda Item J

Criminal Justice Standards and Training Commission P.O. Box 1489 │ Tallahassee, FL 32302-1489 │ (850) 410-8600

Curriculum Alert

• getting help from local social service agencies • arranging for transportation to a domestic violence center or safe haven It is unlawful to disclose the location of the domestic violence center you transported a victim to.

(Text following this section is not included in this curriculum alert.)

Unit 2: Crimes Against Persons Lesson 3: Stalking Crimes

Cyberstalking, Page 298

Cyberstalk means to engage in a course of conduct to communicate, or cause the communication, directly or indirectly, words, images, or language by or using electronic mail or electronic communication, directed at, or pertaining to a specific person, causing substantial emotional distress to that person, and serving no legitimate purpose. Some juveniles may have a false perception that they are anonymous on the internet and use social media to abuse others. They may use it to respond to or carry on a disagreement, which can escalate to bullying and cyberstalking.

Cyberintimidation, page 298

Cyberintimidation occurs when a person electronically publishes, disseminates, posts, or discloses someone’s personal identification information to an internet site or forum with the intent to: • incite violence or commit a crime against the person, or • threaten or harass the person, placing such a person in reasonable fear of bodily harm. Personal identifying information can be a person’s name, date of birth, home or email address, phone number, or government-issued ID number. A person who independently publishes the information or publishes the information to a third party with the intent that the third party will use the information to commit cyberintimidation, commits a first-degree misdemeanor.

It is also unlawful for any person to send, post, or transmit, or get someone else to, a written or electronic record that makes a threat to kill or do bodily harm to another person, or conduct a mass shooting or an act of terrorism.

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August 2021 Commission Meeting 24 Agenda Item J

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Unit 2 Crimes Against Persons Lesson 5 Abuse, Neglect, and Exploitation of an Elderly Person or Disabled Adult

Abuse of an Elderly Person or Disabled Adult, page 309

Abuse of an elderly person or disabled adult occurs when, to an elderly person or disabled adult, the suspect knowingly or willfully: • inflicted intentional physical or psychological injury, • committed an intentional act that could reasonably be expected to result in physical or psychological injury, or • actively encouraged another person to commit an act that resulted in or could reasonably have been expected to result in physical or psychological injury, or • isolated or restricted access to family members for a length of time that could reasonably be expected to result in physical or psychological injury or to conceal criminal activity involving the elderly or disabled adult.

Unit 2: Crimes Against Persons Lesson 7: Missing or Missing Endangered Persons

Lesson Goal, page 317

At the end of this lesson, you will know how to respond to an incident involving a missing or missing endangered person and when to begin the process for activating an AMBER Alert, Silver Alert, Purple Alert, or Blue Alert.

Definitions, page 317

A missing child is a person younger than 18 whose temporary or permanent residence is in Florida, whose location is not known, and who is reported missing to a law enforcement agency. A missing adult is a person 18 or older whose temporary or permanent residence is in Florida, whose location is not known, and who is reported missing to a law enforcement agency. An endangered person is any one of the following: • a missing child, younger than 18 • a missing adult, younger than 26 • a missing adult, older than 26 years and believed to be in danger or the victim of criminal

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Curriculum Alert

activity • a missing adult, 18 or older who meets the criteria for a Silver Alert or a Purple Alert • agency policies may also include persons with diminished, developmental, or intellectual capacity, regardless of age

Purple Alert, page 322

The statewide Purple Alert aids local law enforcement in the rescue or recovery of a missing adult who has one or the combination of the following: • a mental or cognitive disability that is not Alzheimer’s disease or a dementia-related disorder • an intellectual disability or developmental disability • another physical, mental, or emotional disability that is not related to substance abuse The missing adult must not meet the criteria for activation of a Silver Alert. Local law enforcement may broadcast an alert if the missing adult’s disappearance indicates a credible threat of immediate danger or serious bodily harm to themselves and they cannot be returned to safety without law enforcement intervention.

Law enforcement must notify the media in the jurisdiction where the missing adult is believed to or may be located and may broadcast the alert on lottery terminals. Your agency may also open a case with the Missing and Endangered Persons Information Clearinghouse and, if a vehicle is involved, coordinate with the DOT and the DHSMV to activate the dynamic messaging signs.

Glossary, page 601

cyberintimidation: occurs when a person electronically publishes someone’s personal identification information to an internet site with the intent to incite violence or commit a crime against the person, or threaten or harass the person, placing such a person in reasonable fear of bodily harm

Statute and F.A.C. Index, page 633

s. 810.14, F.S., Voyeurism prohibited; penalties s. 810.145, F.S., Video voyeurism

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s. 812.135, F.S., Home-invasion robbery s. 812.12, F.S., Robbery s. 812.131, F.S. Robbery by sudden snatching s. 812.133, F.S., Carjacking s. 825.102, F.S., Abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties s. 825.1025, F.S., Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person s. 825.103, F.S., Exploitation of an elderly person or disabled adult; penalties s. 825.1035, F.S., Injunction for protection against exploitation of a vulnerable adult s. 827.035, F.S., Newborn infants s. 827.04, F.S., Contributing to the delinquency or dependency of a child s. 827.071, F.S., Sexual performance by a child; penalties s. 836.10, F.S., Written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism; punishment; exemption from liability s. 836.115, F.S., Cyberintimidation by publication s. 847.001, F.S., Obscenity; definitions s. 847.0135, F.S., Computer pornography; prohibited computer usage; traveling to meet minor; penalties s. 847.0138, F.S., Transmission of material harmful to minors to a minor by electronic device or equipment prohibited; penalties s. 847.0141, F.S., Sexting; prohibited acts; penalties s. 847.071, F.S., Sexual performance by a child; penalties s. 901.15, F.S., When arrest by officer without warrant is lawful (warrantless arrest, no contact order and injunction violation) s. 985.031, F.S., Age limitation; exception

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Curriculum Alert

Unit 2 Crimes Against Persons Lesson 2 Domestic Violence Instructor Guide, page 302

CHILD TO PARENT DOMESTIC VIOLENCE

 Present the following scenario: LE722.3. Describe how to respond to child on parent domestic Timothy is a 15-year old child who becomes verbally violence abusive to his mother when he gets angry with her. On Discuss the following lesson this particular occasion, Timothy became extremely vocabulary: argumentative and shoved his mother into a wall. In fear of Timothy, she was able to run into her bedroom, • child domestic battery lock the door, and call the police. • Ask the recruits: Did Timothy commit a crime? Is it in the best interest of the child or the family to make an arrest?  Discuss the following: • s. 985.031, F.S., Age limitation; exception  Provide information for the DCF Abuse Hotline, 800- 96-ABUSE or 800-962-2873, or online at https://reportabuse.dcf.state.fl.us/  Provide information for the Florida Network of Youth and Family Services, 850-922-4324, or online at https://Floridanetwork.org/

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Unit 2: Crimes Against Persons Lesson 3: Stalking Crimes Instructor Guide, page 325

LE723.5. Determine if an CYBERINTIMIDATION incident is cyberintimidation • Continue the scenario in Think About This: Discuss the following lesson Michael posted Cheri’s personal identifying vocabulary: information on social media, then started posting • cyberintimidation threatening comments that he knew where she lived and was going to burn her house down in the middle of the night. • Ask the recruits: Is Michael committing cyberintimidation?  Discuss the following: • s. 836.115, F.S., Cyberintimidation by publication • s. 836.10, F.S., Written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism; punishment; exemption from liability

LE723.6. Describe how to RESPONDING TO A STALKING INCIDENT respond to stalking Responding as Backup

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Unit 2 Crimes Against Persons Lesson 7 Missing or Missing Endangered Persons Instructor Guide, page 328

Lesson Goal: At the end of this lesson, recruits will know how to respond to an incident involving a missing or missing endangered person and when to begin the process for activating an AMBER Alert, Silver Alert, Purple Alert, or Blue Alert.

Instructor Guide, page 329

CHILD ABDUCTION RESPONSE TEAM

LE727.5. Describe the role of  Provide examples of when to apply the AMBER Alert, the Child Abduction Response Silver Alert, Purple Alert, and Blue Alert and the Team (CART) surrounding circumstances.

FLORIDA AMBER ALERT

 Provide examples of when to apply the AMBER Alert, Silver Alert, Purple Alert, and Blue Alert and the LE727.6. Describe the five surrounding circumstances. conditions an incident must  Provide information for the National Center for Missing meet for an agency to activate and Exploited Children (NCMEC), 800-843-567 or the Florida AMBER Alert online at http://www/missingkids.com/home  Provide information for the Missing Endangered Persons Information Clearinghouse, 800-356-4774

Instructor Guide, page 330

PURPLE ALERT

LE727.8. Describe the role of  Discuss the differences between the criteria for a Purple the Purple Alert Alert and a Silver Alert.

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BLUE ALERT

LE727.89. Describe the role of  Provide information regarding how to receive Blue Alert the Blue Alert email alerts at http://bluealert.imarcsgroup.com

Garrett Riggs Training and Research Manager Curriculum Section (850) 410-8648 [email protected]

GR/cag

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August 2021 Commission Meeting 31 Agenda Item J

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Curriculum Alert

July 1, 2021

Curriculum Alert 2021-17

Florida Basic Recruit Training Program Law Enforcement Chapter 8–Crimes Involving Property and Society Version 2021.07

Effective immediately, please begin using the updated version of this course. The following changes were made.

REVISIONS

Unit 1: Property Crimes Lesson 1: Theft

Theft, pages 352–353

Theft involves the suspect: • knowingly and unlawfully obtaining or using, or trying to obtain or to use the property of the victim, • doing it intentionally to deprive the victim of their right to it or any benefit from it, and • taking the property for their own use or anyone not entitled to it.

Do not confuse robbery with theft or burglary, which are property crimes.

Robbery is a crime against a person, because it involves some sort of taking directly from another individual. By contrast, theft (and burglary) are property crimes, and lack this direct person-to-person element.

Property can be anything of value and includes real property, tangible or intangible, personal property, and services. Services are anything of value that results from someone’s physical or mental labor or skill. This includes: • repairs or improvements to property • professional services • private, public, or government communication, transportation, power, water, or sanitation services

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• lodging accommodations • admissions to places of exhibition or entertainment Even though the victim of a theft may not be present at the time of the incident, they can provide information helpful to the investigation, such as a description of the stolen property, including unique characteristics or serial numbers. The victim can also tell you the value of the item and the last time and place they saw it. They may know who discovered that the item was missing and if there were any witnesses to the theft.

If the value of property stolen during a theft is $100 or more, but less than $750, the offense is the misdemeanor of petit theft; if the person who commits petit theft has two or more convictions for any theft, the crime becomes a third-degree felony.

Grand theft involves the theft of an item with a value of $750 or more, the theft of an item specified by statute regardless of its value, or the theft of an item with of a value of $100 or more from a dwelling or from the enclosed area of land surrounding a dwelling. Grand theft can be a felony of first, second, or third degree.

Theft also includes identity theft and fraud, not just theft of property, funds, or assets.

Florida law reclassifies theft to a higher degree if the victim is a person 65 or older, if the theft occurred during or under conditions arising from a riot or an aggravated riot, or occurred in a county that is under a state of emergency.

A person commits a riot if they willfully participate in a violent public disturbance involving an assembly of three or more persons who act with a common intent to assist each other in violent and disorderly conduct. This conduct can cause injury to another person, damage to property, or imminent danger of both.

Chapter 509, F.S., outlines the elements of the theft of obtaining food, lodging, or other accommodations with the intent to defraud. This occurs when a person orders and eats a meal in a restaurant or occupies a room in a public lodging establishment, and then refuses to pay. When a business operator and an officer follow the terms of this statute, the court cannot hold either criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

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Unit 1: Property Crimes Lesson 2: Criminal Mischief, Trespassing, and Burglary

Criminal Mischief, pages 357–358

Criminal mischief is the willful and malicious destruction of property belonging to another person. As outlined in chapter 806, F.S., it can include injury or damage to property, such as graffiti or other acts of vandalism.

For criminal mischief, document that: • the suspect injured or damaged real or personal property, • the property belonged to the complainant, and • the injury or damage was willful and malicious. Photograph the damage for your report. Conduct a neighborhood canvass to gather information about the suspects. Based on your agency policies and whether there is a suspect, conduct a follow-up investigation. Provide the victim with the appropriate victim brochures and document this in your report.

The Florida Statutes enhance the penalties for criminal mischief based upon several factors, including the value of the property. • Criminal mischief is a second-degree misdemeanor if the property damage is less than $200. • It is a first-degree misdemeanor if the damage is greater than $200 but less than $1,000. • If the value of property damaged totals $1,000 or more, the crime is a third-degree felony. • If the suspect has one or more prior convictions for criminal mischief, a subsequent offense is a felony, regardless of the amount of damage. • Any person who willfully and maliciously damages any place of worship or religious article is guilty of a third-degree felony if the damage is over $200. • Any person who destroys or demolishes a memorial or historic property is guilty of a second-degree felony.

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Burglary, pages 359–360

Burglary is the unlawful entry into any structure with the intent to commit a crime inside. Chapter 810, F.S., outlines the elements of burglary and classifies burglaries according to the type of location entered, such as a dwelling, structure, or conveyance. Penalties are more severe for a dwelling than a structure or conveyance. For burglary, document that the suspect did at least two of the following: • entered a structure or conveyance owned by or in the possession of the complainant • at the time of entering the structure or conveyance, had the intent to commit an offense other than burglary or trespass in that structure or conveyance • was not licensed or invited to enter the structure or conveyance, and the premises were not open to the public at the time of the entering Trespassing involves being somewhere you do not own without the owner’s permission. Burglary also involves being somewhere you do not own without the owner’s permission, but with the intention to commit another crime, such as theft. Recall that robbery involves taking property from someone by force or fear. People will often tell you that they have been robbed when they were not at home; however, they have been burglarized.

Generally, any damage caused as the result of an unlawful entry, such as kicking in a door or breaking a window, is not criminal mischief, as that is a lesser offense. However, when the suspect clearly and intentionally vandalizes the home during a burglary, an additional charge of criminal mischief can apply.

The Florida Statutes enhance the penalties for burglary when: • the suspect commits assault or battery during a burglary • the suspect is armed • the suspect uses a vehicle to cause damage to the property • the suspect causes more than $1,000 of damage to the property • the dwelling, structure, or conveyance was occupied at the time of the burglary • the burglary occurred during or under conditions arising from a riot or an aggravated riot, or occurred in a county that is under a state of emergency

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Unit 2: Crimes Against Society Lesson 1: Loitering or Prowling, Disorderly Behavior, Rioting

Breach of the Peace, Disorderly Conduct, pages 369–370

Breach of the peace or disorderly conduct is not a catchall statute; however, it does include brawling, fighting, or an affray. An affray occurs when someone consents to fight with another person to terrorize other people in a public place. Urinating in public is also disorderly conduct, not an exposure of sexual organs. To meet the conditions of breach of the peace or disorderly conduct according to chapter 877, F.S., the person’s actions must endanger the safety of another person or property and occur in a public place or on public transportation, causing a public disturbance. In this context, a public place means somewhere the public has a right to be and to go, such as a grocery store or hospital.

For the offense of breach of the peace or disorderly conduct, document that the suspect’s action: • corrupts public morals, • outrages public sense of decency, • affects the peace and quiet of people who may witness it, or • is a brawl or a fight. A person who simply curses at others or officers may not be arrested for disorderly conduct unless other factors are present that would threaten the safety of an officer or others. Unless a person’s words actually incite a reaction from onlookers that might create a danger to others, such as shouting “fire” in a crowded theater, freedom of speech protects the person from arrest. When you are on duty, you cannot be a victim of breach of the peace.

Mob Intimidation and Rioting, page 371

When determining if someone is committing mob intimidation according to chapter 784, F.S., the following conditions need to be present: • two or more other persons assembled with a common intent • someone uses force, or threatens to use imminent force o to compel or induce, or attempt to compel or induce another person . to do or refrain from doing any act, or . to assume, abandon, or maintain a viewpoint against their will. Someone who commits mob intimidation commits a misdemeanor of the first degree.

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A person is rioting when they willfully participate in a violent public disturbance involving an assembly of three or more persons who act with a common intent to assist each other in violent and disorderly conduct. This conduct can cause injury to another person, damage to property, or imminent danger of both.

A person commits aggravated rioting when while rioting they: • participate with 25 or more other persons, • cause great bodily harm to a person not participating in the riot, • cause property damage of more than $5,000, • display, use, threaten to use, or attempt to use a deadly weapon, or • by force, or threat of force, endanger the safe movement of a vehicle traveling on a public street, highway, or road. A person who commits rioting commits a felony of the third degree or a second-degree felony if aggravated rioting.

A person incites a riot when they willfully incite another person to participate in a riot that results in a riot or imminent danger of a riot. When inciting a riot, a person commits aggravated inciting of a riot if it results in: • great bodily harm to another person not participating in the riot, • property damage of more than $5,000, or • supplying a deadly weapon to another person or teaching another person to prepare a deadly weapon with intent to use it in a riot for an unlawful purpose. Someone who commits inciting a riot commits a third-degree felony or a second-degree felony if an aggravated inciting a riot.

Conditions arising from a riot include civil unrest, power outages, curfews, or a reduction in the presence of or response time for first responders or homeland security personnel. For conditions arising from an emergency, include voluntary or mandatory evacuations to this list.

Glossary, page 596

aggravated inciting of a riot: while inciting a riot, causing great bodily harm to another person not participating in the riot, causing property damage of more than $5,000, or supplying a deadly weapon to another person or teaching another person to prepare a deadly weapon with intent to use it in a riot for an unlawful purpose (Crimes Involving Property and Society)

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aggravated rioting: while rioting, participating with 25 or more other persons, causing great bodily harm to a person not participating in the riot, causing property damage of more than $5,000, displaying, using, threatening to use, or attempting to use a deadly weapon, or by force, or threat of force, endangering the safe movement of a vehicle traveling on a public street, highway, or road (Crimes Involving Property and Society)

page 609

inciting a riot: willfully provoking another person to participate in a riot that results in a riot or imminent danger of a riot (Crimes Involving Property and Society)

page 612

mob intimidation: when two or more other persons assemble with a common intent and another person uses, or threatens to use imminent force to compel or induce, or attempt to compel or induce another person to do or refrain from doing any act or to assume, abandon, or maintain a viewpoint against their will (Crimes Involving Property and Society)

page 618

rioting: willfully participating in a violent public disturbance involving an assembly of three or more persons who act with a common intent to assist each other in violent and disorderly conduct that can cause injury to another person, damage to property, or imminent danger of both (Crimes Involving Property and Society)

Statute and F.A.C. Index, page 634

Chapter 8 Crimes Involving Property and Society Chapter 796, F.S., Prostitution Chapter 812, F.S., Theft, Robbery, and Related Crimes Chapter 893, F.S., Drug Abuse Prevention and Control s. 267.13, F.S., Prohibited practices; penalties (archeological site protection) s. 509.151, F.S., Obtaining food or lodging with intent to defraud s. 784.0495, F.S., Mob intimidation s. 806.13, F.S., Criminal mischief; penalties; penalty for minor

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s. 806.135, F.S. Destroying or demolishing a memorial or historic property s. 810.02, F.S., Burglary s. 810.06, F.S., Possession of burglary tools s. 810.08, F.S., Trespass in structure or conveyance s. 812.014, F.S., Theft s. 812.0145, F.S., Theft from persons 65 years of age or older; reclassification of offenses s. 812.015, F.S., Retail and farm theft; transit fare evasion; mandatory fine; alternative punishment; detention and arrest; exemption from liability for false arrest; resisting arrest s. 812.019, F.S., Dealing in stolen property s. 817.61, F.S., Fraudulent use of credit cards s. 828.12, F.S., Cruelty to animals s. 828.122, F.S., Fighting or baiting animals; offenses s. 831.01, F.S., Forgery s. 831.02, F.S., Uttering forged instruments s. 831.09, F.S., Uttering forged bills, checks, drafts, or notes s. 849.08, F.S., Gambling s. 856.011, F.S., Disorderly intoxication s. 856.015, F.S., Open house parties s. 856.021, F.S., Loitering or prowling s. 870.01, F.S., Affrays and riots s. 877.03, F.S., Breach of the peace; disorderly conduct s. 893.02, F.S., Drug Abuse Prevention and Control, Definitions s. 893.03, F.S., Standards and schedules (The Florida Comprehensive Drug Abuse Prevention and Control Act) s. 893.13, F.S., Prohibited acts; penalties (drug abuse prevention) s. 893.135, F.S., Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking s. 893.145, F.S., “Drug paraphernalia” defined

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Curriculum Alert

Unit 1 Property Crimes Lesson 2 Criminal Mischief, Trespassing, and Burglary Instructor Guide, page 382

CRIMINAL MISCHIEF

LE812.1. Determine if an  Discuss the following: incident is criminal mischief • s. 806.13, F.S., Criminal mischief; penalties; penalty for Discuss the following lesson minor vocabulary: • s. 806.135, F.S. Destroying or demolishing a memorial or • criminal mischief historic property LE812.2. Describe statutory enhancements associated with criminal mischief Facilitate Communication Exercise: Criminal Mischief

Unit 2: Crimes Against Society Lesson 1: Loitering or Prowling, Disorderly Behavior, Rioting Instructor Guide, page 393

MOB INTIMIDATION AND RIOTING

LE821.8. Determine if an  Discuss the following: incident is mob intimidation • s.784.0495, F.S., Mob intimidation LE821.9. Determine if an • incident is rioting or s. 870.01, F.S., Affrays and riots aggravated rioting LE821.10. Determine if an incident is inciting a riot or aggravated inciting of a riot Discuss the following lesson vocabulary:

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Curriculum Alert

• aggravated inciting of a riot • aggravated rioting • inciting a riot • mob intimidation • rioting

Garrett Riggs Training and Research Manager Curriculum Section (850) 410-8648 [email protected]

GR/cag

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August 2021 Commission Meeting 41 Agenda Item J

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Curriculum Alert

July 1, 2021

Curriculum Alert 2021-18

Florida Correctional Probation Officer Training Academy Chapter 2–Legal Foundations for Correctional Probation Officers Version 2021.07

Effective immediately, please make the following changes.

REVISIONS

Chapter 2‒Legal Foundations for Correctional Probation Officers Unit 6: Sentencing Lesson 3: Alternative Dispositions and Sentencing, page 96

Military Veterans and Service Members Court Program Veterans Treatment Court Programs

The chief judge of each judicial circuit in Florida may establish a Military Veterans and Service Members Court Program for that circuit. A court with jurisdiction over criminal cases creates and administers a veteran’s treatment court program. In this program, the court can sentence veterans and service members to individualized treatment if they are convicted of a crime and suffer from a military service-related illness or injury. Illnesses or injuries can include mental illness, traumatic brain injury, substance abuse use disorder, or psychological problems, or military sexual trauma. The judge reviews an offender’s qualifications for this program based on the following: The state attorney, in consultation with the court, will consider the following when determining an offender’s participation in the program: • criminal history and if the offender has previously participated in a veterans treatment court or similar program • military service the nature and circumstances of the offense • special characteristics or circumstances of the offender or victim • recommendations of the state attorney and victim, if any recommendations of the victim and the law enforcement agency involved in the arrest or investigation • substance abuse treatment needs if treatment needs exceed the treatment resources available to the program

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Curriculum Alert

• mental health treatment needs the impact on the community • an offender’s willingness to enter the program the likelihood of paying restitution, if owed, while participating in the program • any mitigating circumstances • other circumstances reasonably related to the case CP-263.5. Describe the role of the Military Veterans and Service Members Treatment Court Programs, including offender qualifications and the judge’s court’s responsibilities.

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Instructor Guide, pages 70–71

Pretrial Intervention CP-263.2. Describe the role of the pretrial intervention program for individuals charged but Provide situations and specific qualifying not convicted of a crime, including the role of the offenses when an offender may be placed on drug officer. offender probation. For example, an individual is arrested for possession of illegal drugs or they burglarized a home and used the stolen property to obtain drugs. Discuss how the legal concepts in this lesson relate to the probation officer’s job. Discuss your job experiences that relate to the legal concepts in this lesson.

Alternative Sentencing CP-263.3. Describe the purpose, qualifications, and responsibilities of an offender who Youthful Offenders participates in an alternative sentencing program, Drug Offender Probation as established in the Florida Youthful Offender Act. Military Veterans and Service Members Court Programs CP-263.4. Describe the principles of the drug offender probation program, including the court's Veterans Treatment Court responsibilities. Programs CP-263.5. Describe the role of the Military Provide examples or ask the students for Veterans and Service Members Treatment Court examples of these programs. Program, including offender qualifications and the judge’s court’s responsibilities.

Garrett Riggs Training and Research Manager Curriculum Section (850) 410-8648 [email protected]

GR/rb

Curriculum Alert 2021-18 3

August 2021 Commission Meeting 44 Agenda Item J

Criminal Justice Standards and Training Commission P.O. Box 1489 │ Tallahassee, FL 32302-1489 │ (850) 410-8600

Curriculum Alert

July 1, 2021

Curriculum Alert 2021-19

Florida Law Enforcement Auxiliary Academy Version 2021.07

Effective immediately, please make the following changes.

REVISIONS

Chapter 2‒Legal Concepts Unit 3: Criminal Law Concepts Lesson 2: Elements of Crimes, pages 42–43

Assault, s. 784.011, F.S., Misdemeanor 1. The defendant intentionally and unlawfully threatened, either by word or act, to do violence to the victim. 2. At the time, the defendant appeared to have the ability to carry out the threat. 3. The act of the defendant created in the mind of the victim a well-founded fear that the violence was about to take place. A person who commits assault commits a misdemeanor of the second degree; however, if the assault is in furtherance of a riot or aggravated riot, they commit a misdemeanor of the first degree. The level of the crime can be enhanced when it is done on certain individuals or professions, such as a law enforcement officer or a firefighter. Aggravated Assault, s. 784.021, F.S., Felony 1. The defendant intentionally and unlawfully threatened, either by word or act, to do violence to the victim. 2. At the time, the defendant appeared to have the ability to carry out the threat. 3. The act of the defendant created in the mind of the victim a well-founded fear that the violence was about to take place. 4. The assault was made with a deadly weapon, or the assault was made with a fully formed, conscious intent to commit the crime charged upon the victim.

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August 2021 Commission Meeting 45 Agenda Item J

Criminal Justice Standards and Training Commission P.O. Box 1489 │ Tallahassee, FL 32302-1489 │ (850) 410-8600

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A person who commits aggravated assault commits a felony of the third degree; however, if the aggravated assault is in furtherance of a riot or aggravated riot, they commit a felony ranked one level above the offense committed. The level of the crime can be enhanced when it is done on certain individuals or professions, such as a law enforcement officer or a firefighter. Battery, s. 784.03, F.S., Misdemeanor/Felony 1. The defendant intentionally touched or struck the victim against the victim’s will. 2. The defendant intentionally caused bodily harm to the victim. If a person commits a battery in furtherance of a riot or an aggravated riot, they commit a felony of the third degree. The level of the crime can be enhanced when it is done on certain individuals or professions, such as a law enforcement officer or a firefighter. Felony Battery, s. 784.041, F.S., Felony 1. The defendant actually and intentionally touched or struck the victim against the victim’s will. 2. The defendant caused the victim great bodily harm, permanent disability, or disfigurement. Aggravated Battery, s. 784.045, F.S., Felony 1. The defendant intentionally touched, struck, or caused bodily harm against the victim’s will. 2. The defendant, in committing the battery, a. intentionally or knowingly caused great bodily harm, permanent disability, or disfigurement to the victim, or b. used a deadly weapon, or c. knew or should have known that the victim was pregnant. A person who commits aggravated battery in furtherance of a riot or aggravated riot commits a felony ranked one level above the offense committed. The level of the crime can be enhanced when it is done on certain individuals or professions, such as a law enforcement officer or a firefighter.

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August 2021 Commission Meeting 46 Agenda Item J

Criminal Justice Standards and Training Commission P.O. Box 1489 │ Tallahassee, FL 32302-1489 │ (850) 410-8600

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Lesson 2: Elements of Crimes, page 45

Mob Intimidation, s. 784.0495, F.S., Misdemeanor

1. Two or more other persons are assembled with a common intent, and 2. compel or induce, or attempt to compel or induce another person a. to do or refrain from doing any act, or b. to assume, abandon, or maintain a viewpoint against their will. Affrays and Riots, s. 870.01, F.S., Misdemeanor/Felony A person commits a riot if: 1. They willfully participate in a violent public disturbance involving an assembly of three or more persons who act with a common intent to assist each other in violent and disorderly conduct. 2. This conduct can cause injury to another person, damage to property, or imminent danger of both. A person commits aggravated rioting if while rioting they participated with 25 or more other persons, and

1. caused great bodily harm to a person not participating in the riot, 2. caused property damage of more than $5,000, 3. displayed, used, threatened to use, or attempted to use a deadly weapon, or 4. by force, or threat of force, endangered the safe movement of a vehicle traveling on a public street, highway, or road. A person incites a riot when they willfully incite another person to participate in a riot that results in a riot or imminent danger of a riot. When inciting a riot, a person commits aggravated inciting of a riot if it results in: 1. great bodily harm to another person not participating in the riot, 2. property damage of more than $5,000, or 3. supplying a deadly weapon to another person or teaching another person to prepare a deadly weapon with intent to use it in a riot for an unlawful purpose.

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August 2021 Commission Meeting 47 Agenda Item J

Criminal Justice Standards and Training Commission P.O. Box 1489 │ Tallahassee, FL 32302-1489 │ (850) 410-8600

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Chapter 3‒Patrol and Professional Communication Unit 3: Interview Skills Lesson 3: The Interview Process

People on the Scene, page 69 Make sure that you take complete and careful notes for each interviewee. Be patient and professional at all times. Remember to keep complainants, victims, and witnesses separated in a criminal investigation. You are responsible for creating an atmosphere that will encourage participation by the interviewee. Isolating an interviewee prevents outside influences, and privacy helps build rapport and gain trust. Choose a safe location away from other interviewees in order to discourage the discussion or rehearsal of their accounts. Multiple witnesses who have viewed or experienced the same event never recall the same details. You can schedule follow-up interviews with people if they are not able to give an accurate account of what happened. Separating family members during a crisis is a difficult decision. Use your best judgment in assessing whether separation is necessary. In a child abuse incident, for example, separation of certain family members from each other may be unavoidable or may not be appropriate. Interviewing a victim of sexual battery requires particular sensitivity. Do so privately, with a victim advocate if requested by the victim. Express a caring attitude to the victim, letting them know you are there to help. Start the interview by saying, “I am sorry this happened to you. It is good that you are reporting this. Your health and safety are my priority.” The victim may display physiological and behavioral signs that may be mistaken for indicators of deception. A traumatic event can distort the victim’s perception of time and distance. Initially, the victim may not be able to answer certain questions accurately or in great detail. Be patient and ask questions carefully. Remember that the victim may be overwhelmed and afraid and is trying to overcome a terrible experience. Treat them with dignity and compassion. The following steps may be helpful to draw out information from the victim: 1. Acknowledge the victim’s emotional trauma or pain. This shows concern and gives the victim a sense of safety during the interview process. Ask the victim what they are able to remember. 2. Ask the victim what they were thinking or how they processed what was happening at particular points during the experience. This will help you to understand the victim’s actions and behaviors throughout the event. This will also reduce or eliminate your instinct to ask the victim why they did not flee, fight back, or take some other action to stop the assault. It is important not to make the victim feel judged. Never ask why.

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August 2021 Commission Meeting 48 Agenda Item J

Criminal Justice Standards and Training Commission P.O. Box 1489 │ Tallahassee, FL 32302-1489 │ (850) 410-8600

Curriculum Alert

3. Ask the victim to remember things such as sights, sounds, smells, and feelings before, during, and after the incident. This allows the victim to focus on one small amount of sensory information at a time, which will help them remember the incident better. 4. Ask the victim how the incident affected them physically and emotionally. This will allow you to place the victim’s words in context with what was happening during the incident. 5. Ask the victim what the most difficult part of the experience was for them. This will help them recall the memories that they may have repressed. This memory may be the key piece of information that you will gather during the interview. Remember to be patient and sensitive while asking these types of questions. 6. Ask the victim if there is a specific detail about the event that they cannot forget. This will help the victim focus on a critical detail of the incident, which might help you fill in some of the informational gaps to the victim’s statement. 7. Ask only specific interview questions of who, what, when, where, and how after you have asked the preceding questions. This will give the victim time to process what happened and to provide more information. Before you close the interview, ask the victim any clarifying questions regarding who, what, when, where, and how. Finalize the interview by asking, “Is there anything I have not asked you or that stands out about the experience?” When there are injured people at the scene, you might have to provide first aid. If the victim does not require immediate first aid, ask direct, fundamental questions about how the victim sustained the injury. Record detailed observations of the injuries in your field notes, including photographs of the injuries as part of your report. Verify if the information the victim provides appears to be consistent with the injuries and evidence at the scene. Note specific information regarding the location, size, and type of injury. Tell the victim to notify you for further documentation and if the injuries or bruising intensify. If an interviewee suffers from a serious injury and requires medical assistance, make a note to interview this person later when they have recovered.

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August 2021 Commission Meeting 49 Agenda Item J

Criminal Justice Standards and Training Commission P.O. Box 1489 │ Tallahassee, FL 32302-1489 │ (850) 410-8600

Curriculum Alert

Chapter 4‒Interactions in a Diverse Community Unit 1: Communicating in a Diverse Society Lesson 1: Disability Awareness and Protection

Abuse, Neglect, and Exploitation of a Person Who Is Elderly or Disabled, page 79 People with disabilities or of an advanced age tend to be more dependent on others, due to their limitations and needs. This increases their vulnerability to neglect and certain types of crime, such as fraud or exploitation. Given the dependent relationship with their caregivers or others who may victimize them, people in these positions may be reluctant to report crimes committed against them. Abuse

To establish probable cause for abuse, document that the victim was elderly or disabled and the suspect knowingly or willfully: • inflicted physical or psychological injury upon the victim, • committed an intentional act that could reasonably be expected to result in physical or psychological injury to the victim, or • actively encouraged another person to commit an act that resulted in or could reasonably have been expected to result in physical or psychological injury to the victim, or • isolated or restricted the victim from family members for a length of time which could reasonably be expected to result in physical or psychological injury to the victim, or with the intent to promote, facilitate, conceal, or disguise some form of criminal activity involving the victim or their property.

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August 2021 Commission Meeting 50 Agenda Item J

Criminal Justice Standards and Training Commission P.O. Box 1489 │ Tallahassee, FL 32302-1489 │ (850) 410-8600

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Chapter 4‒Interactions in a Diverse Community Unit 1: Communicating in a Diverse Society Lesson 5: Juveniles

Crimes Committed by Children Juvenile Delinquent Behavior, pages 88–89

Juveniles like to push the boundaries of the rules, both at home and in public, and may show a high degree of irresponsibility, little respect for authority, and unpredictable behavior patterns. They may also be manipulative and defiant when interacting with anyone, including law enforcement. Many delinquent juveniles engage in behaviors such as bullying, violence, aggression, and petty crimes, and have a higher incidence of drug or alcohol involvement. Each situation involving a juvenile is unique. Some situations may require more patience and understanding, while others may require a firmer, more direct approach. A high degree of self- control, patience, flexibility, and understanding is required to work effectively with youthful offenders. You must be able to adapt to whatever situation arises with a juvenile, such as truancy, rebellion, or dangerous behavior. Note that a child younger than 7 may not be arrested, charged, or adjudicated delinquent for a delinquent act or violation of law committed before 7 years of age, unless the violation is a forcible felony.

Instructor Guide, page 40

Chapter 2‒Legal Concepts Unit 3: Criminal Law Concepts Lesson 2: Elements of Crimes

Lesson Goal: At the end of this lesson, students will know the statutory elements of common crimes. Instructional Objectives AL232.1. Differentiate between the crimes of theft and robbery. AL232.2. Explain the elements of trespass on property or in a structure or conveyance. AL232.3. Explain the elements of burglary. AL232.4. List the elements of loitering and prowling. AL232.5. Explain the elements of assault. AL232.6. Explain the elements of battery. AL232.7. Explain the meaning of domestic violence.

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August 2021 Commission Meeting 51 Agenda Item J

Criminal Justice Standards and Training Commission P.O. Box 1489 │ Tallahassee, FL 32302-1489 │ (850) 410-8600

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AL232.8. List the various types of homicide. AL232.9. List the elements of disorderly conduct. AL232.10. Explain the elements of drug offenses. AL232.11. Explain the elements of sexual battery. AL232.12. Explain the elements of criminal mischief. AL232.13. Explain the elements of mob intimidation. AL232.14. Explain the elements of committing or inciting a riot. AL232.1315. Explain the elements of abuse offenses. AL232.1416. Explain the elements of false imprisonment. AL232.1517. List the elements of kidnapping. AL232.1618. Explain the elements of human trafficking. AL232.1719. Explain the elements of human smuggling. AL232.1820. Explain the elements of terrorism and agroterrorism. AL232.1921. Explain the elements of written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism. AL232.2022. Explain the elements of use of a scanning device or re-encoder to defraud. AL232. 2123. Explain the elements of criminal use of personal identification information.

Instructor Guide, page 55

Chapter 3‒Patrol and Professional Communication Unit 3, Interview Skills Lesson 3: The Interview Process

Lesson Goal: At the end of this lesson, students will know how to prepare for an interview. Instructional Objectives AL333.1. Identify the purpose of an interview during an incident investigation. AL333.2. Identify the important people to interview regarding an incident. AL333.3. Choose a comfortable and safe environment suitable for interviewing. AL333.4. Explain how to interview a sexual assault victim using a culturally responsive, trauma- informed response. AL333.4 5. Determine the order of people to interview based upon the factors of the incident. AL333.56. Gather initial information about the incident from the people at the crime scene. AL333.67. Direct victims, witnesses, and suspects to a separate location at a crime scene. AL333.78. Gather information related to injuries sustained at the crime scene. AL333.89. Identify the limitations on what an officer may say or do during an interview.

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August 2021 Commission Meeting 52 Agenda Item J

Criminal Justice Standards and Training Commission P.O. Box 1489 │ Tallahassee, FL 32302-1489 │ (850) 410-8600

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Text/Materials/Instructional Aids Florida Law Enforcement Auxiliary Officer Basic Recruit Training Program, Vol. 1 (Chapter 3) Required Activities Discuss the interviewer’s responsibilities and factors that influence a successful interview. Discuss at-scene versus post-scene interviews. Discuss types of interviewees and factors that influence the order of interviews. Discuss interviewing a victim using a culturally responsive, trauma-informed approach.

Garrett Riggs Training and Research Manager Curriculum Section (850) 410-8648 [email protected]

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Curriculum Alert 2021-19 9

August 2021 Commission Meeting 53 Agenda Item J