Section 11B-35.009 - Exemption from Basic Recruit Training(1) Definitions. For the purpose of this rule section, the following definitions shall apply: (a) "Employing agency" means any agency authorized by law to employ or appoint officers pursuant to Section 943.10(4), F.S.(b) "Comparable basic recruit training program in another state or for the federal government," means any successfully completed sworn officer training course or courses, irrespective of the completion date, which when viewed together include all the primary training topics pursuant to subsection (3) of this rule section, for the discipline in which the applicant is seeking an exemption, pursuant to Section 943.131(2), F.S. Commission-approved Basic Recruit Training Courses may be substituted for courses not included in basic level training.(c) "Another state" means one or more of the United States or its territories, or any combination thereof, with the exception of the State of Florida.(d) "Federal Government" means any agency of the United States government that employs or appoints sworn officers, a Native American Indian tribe or band that employs or appoints sworn officers, or any branch or entity of the United States Armed Forces or any combination thereof.(e) "Full time" means any employed or appointed status in which a normal work week consists of forty or more on-duty hours, exclusive of overtime, holidays, regular days off, leave, or other authorized or ordered absence from work.(f) "Sworn officer" means an individual whose work experience, as required in this rule section, meets the definition of a law enforcement, correctional, and correctional probation officer pursuant to Sections 943.10(1)-(3), F.S.(g) "At least one year" means a time period of twelve months sworn experience that shall have occurred at no more than two criminal justice agencies over a period not to exceed eighteen months as a full-time sworn officer in a specified discipline, excluding periods during which an individual was enrolled in or attending basic recruit training.(h) "Inactive Florida Officer" means an individual who has met the certification and employment requirements of Section 943.13, F.S., and has not been employed as an officer in the discipline for which the individual was a Florida certified officer for a period of four to eight years.(i) "Special Operations Forces" means those active and reserve component forces of the military services designated by the Secretary of Defense and specifically organized, trained, and equipped to conduct and support special operations. The term includes, but is not limited to, service members of the United States Army Special Forces and the United States Army 75th Ranger Regiment; the United States Navy SEALs and Special Warfare Combatant-Craft Crewmen; the United States Air Force Combat Control; Pararescue, and Tactical Air Control Party specialists; the United States Marine Corps Critical Skills Operators; and any other component of the United States Special Operations Command approved by the Commission.(2) An individual who applies for certification as a Florida officer shall qualify for exemption from completing a Commission-approved Basic Recruit Training Program if the applicant has: (a) Successfully completed basic recruit training comparable in content to the Basic Recruit Training Program for the discipline for which the individual claims exemption or a previously completed Commission-approved Basic Recruit training Program; and,(b) Prior service as a full-time sworn officer in another state or the Federal Government for at least one year, pursuant to paragraph (1)(g) of this rule section, in the criminal justice discipline for which the individual is requesting an exemption. There shall be no more than an 8-year break in employment, which is measured from the separation date of the most recent qualifying employment to the time a complete application is submitted for an exemption under this rule section. The twelve months sworn experience shall have occurred at no more than two criminal justice agencies over a period not to exceed eighteen months as a full-time sworn officer in the discipline for which an exemption is being requested.(c) Prior service as a special operations forces member for a minimum of five years with no more than a four-year break in service which is measured from the separation date of the most recent qualifying special operations forces service to the time a complete application is submitted for an exemption under this rule section.(3) Out-of-state or federal officers who request an exemption from a Commission-approved Basic Recruit Training Program, the employing agency, training center, or Criminal Justice Selection Center shall:(a) Verify that the applicant's law enforcement training is comparable to the Commission's Florida Law Enforcement Academy for which the exemption is requested, and at a minimum reflects successful completion of training, pursuant to the Exemption-From-Training form CJSTC-76, for the topics of Legal, Interactions in a Diverse Community, Interviewing and Reporting Writing, Patrol (including Fundamentals, Calls for Service, and Critical Incidents), Criminal Investigations (including Crime Scene and Courtroom), Traffic Stops, Traffic Crash Investigations, Vehicle Operations, First Aid or equivalent, Firearms, and Defensive Tactics.(b) Verify that the applicant's correctional officer training is comparable to the Commission's Florida Correctional Basic Recruit Training Program whenever an exemption is requested, and at a minimum reflects successful completion of training, pursuant to Exemption-From-Training form CJSTC-76, for the topics of Legal, Communications, Officer Safety, Facility and Equipment, Intake and release, Supervising in a Correctional Facility, Supervising Special Populations, Responding to Incidents and emergencies, Firearms, Defensive Tactics, and First Aid or Equivalent.(c) Verify that the applicant's correctional probation officer training is comparable to the Commission's Florida Correctional Probation Officer Training Academy whenever an exemption is requested, and at a minimum reflects successful completion of training, pursuant to Exemption-From-Training form CJSTC-76, for the topics of Legal Foundations for Correctional Probation, Communications, Intake and Orientation, Caseload Management, Supervision of Offenders, Field Supervision, Defensive Tactics and First Aid or equivalent.(d) Verify the required training and the authenticity of documents submitted by an individual through telephone or written confirmation of documents such as, criminal justice agency training records, training school records, official transcripts, curricula or curricula summaries, certificates of completion, or other such documents that verify the applicant's successful completion of comparable basic recruit training in another state or for the federal government, and affidavits executed by a custodian or custodians of such records or other persons with direct knowledge that support the individual's successful completion of comparable basic recruit training.(e) Verify that the individual has met the required prior sworn experience by obtaining copies of one or more of the following:1. Agency employee payroll record;2. Agency employment record;3. Employment verification by an authorized representative of the individual's previous employer or employers; and,4. Other documentation that confirms the applicant's previous experience and employment as an officer for at least one year.(4) Inactive Florida officers who have been separated from employment for a period of four to eight years, may apply for exemption from re-taking the Basic Recruit Training Program for which the officer has been previously certified as a sworn officer. There shall be no more than an eight-year break in employment, which is measured from the separation date of the most recent qualifying employment to the time a complete application is submitted, for an exemption under this rule section. The employing agency, training center, or Criminal Justice Selection Center shall verify that the applicant has:(a) Successfully completed the Basic Recruit Training Program for the discipline for which re-activation of certification is requested; and,(b) Been employed and certified as a criminal justice officer in Florida in the discipline for which reactivation or certification is requested.(5) Special operations forces members who served in special operations forces for at least five years and have not been separated from special operations forces for more than four years as measured from the separation date from the special operations forces to the time a complete application for an exemption is received under this rule section. The employing agency, training center, or Criminal Justice Selection Center shall: (a) Verify that the applicant has served at least five years in special operations forces; and(b) Verify that the applicant has not been separated from special operations forces for more than four years; and(c) Document the specific training and experience the applicant received during his or her special operations forces service.(6) Documentation requirements for out-of-state, federal, and inactive Florida Officers and special operations forces members. Upon verification of an individual's request for exemption of training, pursuant to this rule section, an employing agency, training center, or Criminal Justice Selection Center shall submit to Commission staff a completed Exemption-From-Training, form CJSTC-76, revised August 2, 2018, effective 7/2019, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-10754, for out-of-state, federal, and inactive Florida Officers and special operations forces members. Form CJSTC-76 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615. Supporting documentation verifying the individual's compliance as a special operations forces member or with comparable basic recruit training and sworn criminal justice experience pursuant to this rule section shall be maintained on file by the employing agency, training center, or Criminal Justice Selection Center and submitted to Commission staff for review upon request. The agency shall be notified of the approval or denial of the requested exemption of certification in writing within 30 working days. Any appeal of denial of exemption is governed by Section 120.57, F.S.(7) High-Liability Basic Recruit Training proficiency skill requirements for out-of-state, federal, or inactive Florida Officers. Prior to applying for certification, an out-of-state or federal officer, or inactive Florida officer, who is exempt from completing a Commission-approved Basic Recruit Training Program, pursuant to Section 943.131(2), F.S., shall demonstrate proficiency in the required High-Liability Basic Recruit Training Proficiency Skills of vehicle operations, firearms, defensive tactics, and first aid, pursuant to Rule 11B-35.0024, F.A.C., for the discipline for which certification is sought and for the law enforcement discipline, complete Commission-approved training in recognition of and response to head trauma and brain injury in a child under 6 years of age; identifying and investigating human trafficking; sexual assault investigations; and elder abuse investigations. Such officers shall achieve a passing score on the State Officer Certification Examination, pursuant to Rules 11B-30.0062 and 11B-30.008, F.A.C. Demonstration of proficiency in the required High-Liability Basic Recruit Training Proficiency Skills and passing the State Officer Certification Examination shall be completed within one year after notification of approval of the Exemption-From-Training form CJSTC-76. Individuals who do not complete the required demonstration of proficiency in the High-Liability Basic Recruit Training Proficiency Skills and achieve a passing score on the State Officer Certification Examination within one year, are permitted to apply for another exemption from training, pursuant to Section 943.131(2), F.S., provided they meet the eligibility requirements outlined in Section 943.131(2), F.S. Upon demonstration of proficiency in the required High-Liability Basic Recruit Training Proficiency Skills, the training school shall complete an Exemption-From-Training Proficiency Demonstration, form CJSTC-76A, revised August 2, 2018, effective 7/2019, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-10755, and provide a copy to the officer of form CJSTC-76A. Form CJSTC-76A can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615. The training center director or designee shall, within thirty days of course completion, electronically transmit a completed Training Report form CJSTC-67 through the Commission's ATMS, or submit an updated form CJSTC-67.(8) Training requirements for special forces operations members. Prior to applying for certification as a law enforcement, corrections, or correctional probation officer, a special forces operations member who is exempt from completing a Commission-approved Basic Recruit Training Program, pursuant to Section 943.131(2), F.S., shall complete the Commission-approved Special Operations Forces Training Program for the discipline for which certification is sought and demonstrate proficiency in the required High-Liability Basic Recruit Training Proficiency Skills of firearms, defensive tactics, and first aid, pursuant to Rule 11B-35.0024, F.A.C., at a Commission-certified training center. Such individuals shall achieve a passing score on the State Officer Certification Examination, pursuant to Rules 11B-30.0062 and 11B-30.008, F.A.C. Completion of the Special Operations Forces Training Program, demonstration of proficiency in the required High-Liability Basic Recruit Training Proficiency Skills, and passing the State Officer Certification Examination shall be completed within one year after notification of approval of the Exemption-From-Training form CJSTC-76. Individuals who do not complete the Special Operations Forces Training Program, the required demonstration of proficiency in the High-Liability Basic Recruit Training Proficiency Skills, and achieve a passing score on the State Officer Certification Examination within one year, are permitted to apply for another exemption from training, pursuant to Section 943.131(2), F.S., provided they meet the eligibility requirements outlined in Section 943.131(2), F.S. Upon demonstration of proficiency in the required High-Liability Basic Recruit Training Proficiency Skills, the training school shall complete an Exemption-From-Training Proficiency Demonstration, form CJSTC-76A, and provide a copy to the officer of form CJSTC-76A. The training center director or designee shall, within thirty days of program completion, electronically transmit a completed Training Report form CJSTC-67 through the Commission's ATMS, or submit an updated form CJSTC-67.(9) Regardless of the number of exemptions from training an individual receives, the individual shall not take the State Officer Certification Examination more than three times without enrolling in and completing a Commission-approved Basic Recruit Training Program pursuant to Section 943.1397(2), F.S.(10) Individuals, who have qualified for an exemption from a Commission-approved Basic Recruit Training Program, pursuant to this rule section, shall become employed and certified as an officer within four years from the earlier of the beginning date of the required proficiency demonstration as entered on the Training Report form CJSTC-67 or the beginning date of the Special Operations Forces Training Program.(11) Individuals applying for exemption from a Commission-approved Basic Recruit Training Program, outlined in this rule section, shall not engage in conduct that subverts or attempts to subvert the State Officer Examination process pursuant to Rule 11B-30.009, F.A.C.Fla. Admin. Code Ann. R. 11B-35.009
Rulemaking Authority 943.03(4), 943.12(1), (2) FS. Law Implemented 943.131(2) FS.
New 1-2-97, Amended 7-7-99, 11-5-02, 11-30-04, 3-27-06, 3-21-07, 6-9-08, 5-21-12, 3-13-13, 5-29-14, Amended by Florida Register Volume 41, Number 135, July 14, 2015 effective 7/29/2015, Amended by Florida Register Volume 42, Number 164, August 23, 2016 effective 9/4/2016, Amended by Florida Register Volume 43, Number 129, July 5, 2017 effective 7/19/2017, Amended by Florida Register Volume 44, Number 148, July 31, 2018 effective 8/15/2018, Amended by Florida Register Volume 45, Number 123, June 25, 2019 effective 7/9/2019, Amended by Florida Register Volume 46, Number 078, April 21, 2020 effective 5/5/2020, Amended by Florida Register Volume 48, Number 110, June 7, 2022 effective 6/23/2022, Amended by Florida Register Volume 50, Number 109, June 4, 2024 effective 6/20/2024.