Florida Administrative Code

(1) There are established by the Criminal Justice Standards and Training Commission, Basic Recruit Training Programs (BRTP) that provide the minimum required knowledge and proficiency skills necessary for officer employment and certification pursuant to Sections 943.10(1)-(3), (6…

(1) High-Liability Basic Recruit Training Program Courses: (a) Criminal Justice Firearms. (b) Law Enforcement Vehicle Operations. (c) Criminal Justice Defensive Tactics. (d) First Aid for Criminal Justice Officers. (2) DUI Traffic Stops. (3) High-Liability Instructor Training Cou…

(1) Pursuant to subsection 11B-35.002(1), F.A.C., Commission-approved Basic Recruit Training Programs shall be offered only at training schools certified by the Criminal Justice Standards and Training Commission for the respective discipline. (2) A student may transfer courses fr…

(1) Students enrolled in a Commission-approved Basic Recruit Training Program, Instructor Training Courses, or Specialized or Advanced Training Course shall qualify through demonstration of proficiency skill(s) in the applicable course(s) and pass a written end-of-course examinat…

(1) Commission-approved Auxiliary Basic Recruit Training Programs are created to train applicants for employment or appointment by criminal justice agencies, with or without compensation, to assist or aid full-time or part-time officers. (2) To become certified as a law enforceme…

There is established by the Criminal Justice Standards and Training Commission a program of Career Development Training Courses, which shall be limited to training related to promotion to a higher rank or position. Rulemaking Authority 943.03(4), 943.12(1), (2) FS. Law Implemente…

(1) Commission-approved Advanced Training Program Courses were created to enhance an officer's knowledge, skills, and abilities for the job the officer performs and are used by an officer to satisfy mandatory retraining requirements or eligibility for salary incentive monies purs…

(1) The Commission's Specialized Training Program may be used by training schools and consist of the following Commission-approved: (a) Specialized Goals and Objectives, pursuant to subsection (2) of this rule section; (b) Specialized Instructor Training Courses, pursuant to subs…

A training center director shall maintain the security and confidentiality of all examinations used in all Commission-approved courses in the following manner: (1) Pursuant with Section 943.173(2), F.S., the Commission shall authorize the administration of examinations at trainin…

(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 stat…

(1) "Approved biological specimen" shall mean either a direct reference sample or a family reference sample. (2) "Buccal swab" shall mean epithelial cells collected from the cheek in the oral cavity using a sterile cotton-tipped swab. (3) "Direct reference sample" shall mean any …

(1) If a missing child or adult is not located within 90 days after the missing child or missing adult report is filed, the law enforcement agency that accepted the report shall attempt to obtain a biological specimen for DNA analysis from the missing child or missing adult or fr…

(1) FDLE will use an Interface Control Document, available at http://www.flcjn.net/CJIS-Resources/Resources/CJDT to establish the requirements for the entities subject to the requirements of Section 900.05, F.S. to submit data. (2) The data is cataloged, by reporting entities, in…

All law enforcement agencies of the State shall take the following action on all felony, misdemeanor, or comparable ordinance arrests of adults and on all felony and statutorily specified misdemeanor arrests of juveniles: (1) Complete at the time of arrest an electronic submissio…

Rulemaking Authority 943.03(4), 943.05(2)(d), 943.051 FS. Law Implemented 943.05, 943.051 FS. History-New 6-24-76, Amended 6-27-78, 3-18-85, Formerly 11C-4.04, Amended 7-7-99, Repealed 3-21-07.

Rulemaking Authority 943.03(4), 943.05(2)(d) FS. Law Implemented 406.145, 943.05, 943.051 FS. History-New 6-24-76, Formerly 11C-4.05, Amended 7-7-99, Repealed 5-21-12.

(1) Law enforcement agencies, units of government responsible for jail facilities, clerks of the court, Department of Corrections and Department of Juvenile Justice shall submit disposition data on criminal arrests, pretrial dispositions, trials, sentencing, confinement, parole a…

Rulemaking Authority 943.03(4), 943.05(2)(d) FS. Law Implemented 943.05, 943.051 FS. History-New 11-12-81, Formerly 11C-4.065, Amended 7-7-99, Repealed 5-21-12.

All state, county, and municipal law enforcement agencies shall submit to the Florida Department of Law Enforcement uniform crime reports data setting forth their activities in connection with law enforcement as required by law. The form, general content, time, and manner of subm…

(1) A Uniform Probable Cause Affidavit, FDLE Form PCA 1 - March 2004, is hereby incorporated by reference and adopted for use by all law enforcement agencies in the State of Florida when making DUI arrests pursuant to Section 316.193, F.S. (2) A Uniform Alcohol Influence Report, …

All state, county, and municipal law enforcement agencies shall submit to the Florida Department of Law Enforcement (FDLE) incident-based crime and use-of-force data. The form, general content, time, and manner of submission of such reports are set forth in the FDLE Information E…

Rulemaking Authority 943.03(4), 943.05(2)(d), 943.053 FS. Law Implemented 119.07, 943.053 FS. History-New 12-9-76, Formerly 11C-6.03, Amended 7-7-99, Repealed 5-21-12.

(1) Requests for Florida criminal history records contained in the systems of the Florida Department of Law Enforcement are to be requested through electronic means as provided by the Department or directed to the following address: Florida Department of Law Enforcement Criminal …

(1) Each request of the Department of Law Enforcement for criminal justice information for research or statistical purposes shall be processed through the Director's Office of the Division of Criminal Justice Information Systems. (2)(a) All requests shall be made in writing and d…

(1) For a federally licensed firearm dealer (including licensed firearm importers, licensed firearm manufacturers and licensed firearm dealers pursuant to Title 27, C.F.R., Part 178) to complete a firearm transaction to another person, other than a licensed importer, licensed man…

(1) Upon official written request from an agency executive director, secretary, or designee, or from a qualified entity under Section 943.0542, F.S., subject to the conditions specified in Sections 943.05(2)(g) and (h), F.S., or as otherwise required by law, the Florida Departmen…

(1) Prior to petitioning the court to expunge a criminal history record, the subject must apply to the Department for a certificate of eligibility for expunction. The application packet for the certificate of eligibility must include: (a) A money order, cashier's check, certified…

(1) Prior to petitioning the court to seal a criminal history record, the subject must apply to the Department for a certificate of eligibility for sealing. The application packet for the certificate of eligibility must include: (a) A money order, cashier's check, certified check…

(1) Non-judicial records of arrest made contrary to law or by mistake will be administratively expunged by the Department, upon application by the arresting law enforcement agency, or by the person arrested or, in the case of a minor child, the parent or legal guardian of the min…

(1) A minor who has successfully completed a diversion program as authorized by Section 985.125, F.S., which program satisfies the requirements found at Section 943.0582, F.S., may apply directly to the Department for expunction of the minor's juvenile nonjudicial arrest record. …

(1) A person who has not been committed to a juvenile correctional facility or juvenile prison under Chapter 985, F.S., may apply directly to the Department to have his or her juvenile criminal history record expunged, provided he or she is at least 18 years of age but less than …

(1) Prior to petitioning the court for an expunction of a criminal history record, the subject must apply to the Department for a certificate of eligibility for expunction. The application for the certificate of eligibility must include: (a) A money order, cashier's check, certif…

(1) For implementation of this rule chapter the Department shall receive criminal history dispositions from the clerks of court in the same manner as required by Section 943.052, F.S. (2) Upon reciept of a disposition from a clerk of court as prescribed in subsection (1), the cri…

(1) Any individual wishing to review their criminal history record must submit a request in writing or complete an Application for Personal Review of Florida Criminal History Record FDLE form (CHRM-006 rev. May 2022), hereby incorporated by reference https://www.flrules.org/Gatew…

(1) Any person nominated for induction into the Florida Law Enforcement Officers' Hall of Fame shall meet the following minimum eligibility requirements: (a) An active, retired, or deceased Florida law enforcement officer as defined in section 943.10(1), F.S.; (b) Born in Florida…

(1) Between July 1 and August 31 of each calendar year, the Florida Department of Law Enforcement shall accept a maximum of three nominations from each of the following associations: (a) Florida Police Chiefs Association; (b) Florida Sheriffs Association; (c) Florida Police Benev…

(1) Nominations for induction into the Florida Law Enforcement Officers' Hall of Fame will be reviewed to ensure nominations were received by the established deadline, nominees meet the eligibility requirements pursuant to subsection 11D-10.001(1), F.A.C., and the nomination pack…

(1) For implementation of this rule chapter the term "subsequently committed" as provided in Section 943.0433(2)(a), F.S. shall mean: having been found guilty as a result of a trial or having entered a plea of guilty or nolo contendere, regardless of whether adjudication is withh…

(1) Upon receipt of a criminal history record that the clerk of court has determined to meet the requirements of Section 796.07(5)(e), F.S. for inclusion on the Soliciting for Prostitution Database, the Department shall add such record to the database as required by Section 943.0…

As used in Rule 11D-12.002, F.A.C., the following definitions apply: (1) "Kit" shall mean a Florida sexual offense evidence kit or other sealed package containing samples collected from the alleged victim's body. (2) "Participating Entities" shall mean entities that participate i…

(1) Kit tracking. Participating Entities shall utilize the software and identify at least one administrator. The administrator's contact information shall be provided to FDLE. (a) Forensic Medical Exam Facilities. 1. Barcoded kits obtained from the vendor shall be utilized during…

As used in Rule 11D-12.004, F.A.C., the following definitions apply: (1) "SNP profile" shall mean a DNA profile comprised of Single Nucleotide Polymorphism data. (2) "STR profile" shall mean a Short Tandem Repeat DNA profile generated by or owned by a participating member of the …

(1) Forensic Investigative Genetic Genealogy Grant Program. (a) Participating entities shall ensure: 1. Compliance with applicable portions of 119, F.S. as pertains to DNA records and investigative genetic genealogy information and materials and s 24(a) Art. I of the State Consti…

(1) "Department" means the Florida Department of Law Enforcement. (2) "Program" means the Care For Retired Police Dogs Program. (3) "Retired Police Dog" means a dog that was previously in the service of or employed by a law enforcement agency or a correctional agency in Florida f…

(1) The Department receives recurring annual funds to contract with a qualifying non-profit entity to administer the program. (2) The program shall provide a stable funding source for the veterinary care for retired police dogs by utilizing a qualifying non-profit entity to scree…

(1) A pharmacy or retailer conducting business within the state of Florida who engages in the sale of any nonprescription compound, mixture, or preparation containing ephedrine or related compounds shall be required to participate in the Methamphetamine Precursor Electronic Monit…

As used in Rule 11D-6.003, F.A.C., the following definitions apply: (1) "DNA sample" means a buccal or other approved biological specimen capable of undergoing DNA analysis. (2) "Buccal sample" shall mean epithelial cells collected from the cheek in the oral cavity utilizing an F…

(1) DNA Sample collection. (a) A qualifying offender providing DNA samples must be identified in the manner specified by the Oral Swab Collection Kit Instructions and Form FDLE/FOR-005, revised September 2022, and incorporated by reference, http://www.flrules.org/Gateway/referenc…

(1) Acceptable Range - the results of alcohol reference solutions and dry gas standard analyses which fall within the following ranges at each alcohol vapor concentration: 0.05 g/210L range is 0.045 to 0.055 g/210L; 0.08 g/210L range is 0.075 to 0.085 g/210L; 0.15 g/210L range is…

(1) The approved breath test method for evidentiary breath testing is Infrared Spectroscopy, also known as Infrared Light Absorption. (2) The Department approves breath test methods and new instrumentation to ensure the accuracy and reliability of breath test results. The approve…