Paragraph 11B-20.001(1)(j), F.A.C.: Establishes rule language that prohibits romantic or sexual relationships between certified instructors and students attending basic recruit training. Given the ability of an instructor to control access to the ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NOS.:RULE TITLES:

11B-20.001Definitions and Minimum Requirements for General Certification of Instructors

11B-20.0012Denial and Discipline of Instructor Certification

11B-20.0017Maintenance and Duration of Instructor Certifications

PURPOSE AND EFFECT: Paragraph 11B-20.001(1)(j), F.A.C.: Establishes rule language that prohibits romantic or sexual relationships between certified instructors and students attending basic recruit training. Given the ability of an instructor to control access to the profession, it is possible for an instructor to use this power to coerce a student to participate in a relationship that he or she feels is required in order to successfully complete the program and become a certified officer.

Sub-subparagraph 11B-20.001(3)(a)5.b., F.A.C.: Incorporates the revised Internal Investigation Report, form CJSTC-78, to change the rule reference and update the name of the form in the instructions.

Subsection 11B-20.001(4), F.A.C.: Incorporates the revised Instructor Exemption, form CJSTC-82, to change the rule reference and update the certification statement to ensure the training center director or designee is aware of their responsibility to verify individual meets the eligibility requirements.

Paragraphs 11B-20.0012(2)(b)-(c), F.A.C.: Updates the rule references because paragraphs were added to Rule 11B-35.001, F.A.C.

Paragraph 11B-20.0012(2)(f), F.A.C.: Imposes disciplinary action against an instructor’s certification if the instructor teaches or supervises a basic recruit trainee in one of the Commission’s Basic Recruit Training Programs and engages in a romantic or sexual relationship with that basic recruit trainee.

Paragraph 11B-20.0012(2)(g), F.A.C.: Moves the existing rule language from the preceding subparagraph to form a new subparagraph.

Paragraph 11B-20.0017(7)(b), F.A.C.: Includes rule language to identify the requirements which must be met for General Instructors whose General Instructor Certification has lapsed to complete an internship in addition to completing the General Instructor Refresher Course and document the completion of both on the Instructor Competency Checklist, form CJSTC-81.

SUBJECT AREA TO BE ADDRESSED: Added the definition of “romantic or sexual relationship” as it applies to relationships between certified instructors and students; revised Internal Investigation Report, form CJSTC-78, and Instructor Exemption, form CJSTC-82; updated rule references and new subparagraph; disciplinary action against an instructor’s certification; and requirement for instructors whose General Instructor Certification has lapsed.

RULEMAKING AUTHORITY: 943.03(4), 943.12(1), 943.14(3) FS.

LAW IMPLEMENTED: 943.12(3), (9), 943.14(3) FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: Thursday, November 16, 2017, 10:00 a.m.

PLACE: Florida Department of Law Enforcement, 2331 Phillips Road, Tallahassee, Florida 32308.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Joyce Gainous-Harris at [phone], or [e-mail], or write to Florida Department of Law Enforcement, Criminal Justice Professionalism, 2331 Phillips Road, Tallahassee, Florida 32308. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Joyce Gainous-Harris at [phone], or [e-mail], or write to Florida Department of Law Enforcement, Criminal Justice Professionalism, 2331 Phillips Road, Tallahassee, Florida 32308.

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.