Updates the Instructor Certification form CJSTC-71 to revise the requirements for reporting instructor affiliation to a training school. Updates the Instructor Competency Checklist form CJSTC-81 to remove the requirement to demonstrate competency ...

 

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-20.0014Minimum Requirements for High-Liability and Specialized Topics Instructor Certification
11B-20.0016Inspection of Instructor Certification Applications
11B-20.0017Maintenance and Duration of Instructor Certifications
PURPOSE AND EFFECT: Updates the Instructor Certification form CJSTC-71 to revise the requirements for reporting instructor affiliation to a training school.
Updates the Instructor Competency Checklist form CJSTC-81 to remove the requirement to demonstrate competency in both the classroom and/or a lecture setting for high-liability certifications, speed measurement, criminal justice diving, and canine topics.
Adds a topic title to the rule paragraph and revises the Oath on the Separation Supplemental form CJSTC-61A to comply with Section 117.05(13)(a), F.S.
Adds the requirements for requesting a “new instructor affiliation” with a training school, requires a copy of ATMS Profile Report to be placed in the instructor’s file, and transfers rule language in (3)(a)5.b. to the new subparagraph(3)(a)5.a.
Requires the instructor Certification Application form CJSTC-71 to be maintained in the instructor's file for each affiliated instructor and a copy to be submitted or transmitted to Commission staff.
Removes vague language from the Instructor Exemption form CJSTC-82.
Updates the Specialized Topics Instructor Certification title. (11B-20.0014(3) and 11B-20.0017(5).
Removes the law topics instructor certification because it is no longer required to instruct legal topics for the new Florida CMS Correctional Basic Recruit Training Programs.
Updates retirement status of a course.
Adds a rule reference to locate the proficiency requirements for the Breath Test Instructor Course.
Lists the courses that require an internship to obtain a Breath Test Instructor Certification.
Updates rule references.
Makes grammatical revisions for rule clarification.
Adds the proficiency requirements for the Breath Test Instructor Renewal Course.
SUMMARY: Updates the Instructor Certification form CJSTC-71. Updates the Instructor Competency Checklist form CJSTC-81. Adds a topic title to rules and updates the Separation Supplemental form CJSTC-61A. Adds new Instructor Affiliation requirements and ATMS Profile Report. Adds requirements for maintenance and filing of affiliated instructor files. Updates the Instructor Exemption form CJSTC-82. Updates the Specialized Topics Instructor Certification title. Removes the law topics instructor certification upon implementation of the new Florida CMS Correctional Basic Recruit Training Program. Updates the course retirement status. Adds a Breath Test Instructor Course rule reference for proficiency requirements. Adds the Breath Test Instructor Certification internship requirements. Updates rule reference. Makes grammatical revisions for rule clarification. Adds the Breath Test Instructor Renewal Course proficiency requirements.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The proposed rule is not expected to exceed any of the criteria set forth in Section 120.541(2)(a), F.S., and thus, a legislative ratification is not required under Section 120.541(3), F.S. This determination is based upon the nature of the subject matter of the proposed amendment. Other rules incorporating this rule: None. Effect on those other rules: None.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 120.60(1), 943.03(4), 943.12(1), 943.14(3) FS.
LAW IMPLEMENTED: 120.60(1), 943.12(3), (9), 943.12(3), (9), 943.13 (6), 943.14(3) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: January 22, 2013, 1:00 p.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: Donna Hunt at 850-410-8615, or [e-mail], or write to Florida Department of Law Enforcement, Criminal Justice Professionalism Program, 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 IS: Donna Hunt at 850-410-8615, or [e-mail], or write to Florida Department of Law Enforcement, Criminal Justice Professionalism Program, 2331 Phillips Road, Tallahassee, Florida 32308

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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

(1) No change.

(2) Instructor applicants applying for instructor certification shall:

(a) Complete the Instructor Certification Application, form CJSTC-71, revised December 16, 2010 October 30, 2008, hereby incorporated by reference. Form CJSTC-71 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/Content/CJST/Publications/Professionalism-Program-Forms.aspx, or by contacting Commission staff at [phone];

(b) through (c) No change.

(3) General Instructor Certification.

(a) Instructor applicants shall comply with the following requirements to obtain General Instructor Certification:

1. through 2 No change.

3. After successful completion of the mandatory instructor training, instructor applicants shall complete an internship.

a. The instructor applicant shall be supervised by and have his or her instructional abilities evaluated by a training center director or agency administrator, who is currently an instructor, or a designee who is currently an instructor. The training center director, agency administrator, or designee shall complete the Instructor Competency Checklist, form CJSTC-81, revised December 16, 2010 October 30, 2008, hereby incorporated by reference. Form CJSTC-81 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/Content/CJST/Publications/Professionalism-Program-Forms.aspx, or by contacting Commission staff at [phone].

b. through c. No change.

4. No change.

5. Instructor Separation or Change of Affiliation.

a. No change.

b. Instructor Separation. When a training center director, agency administrator, or designee separates an instructor, the training center director, agency administrator, or designee shall notify the instructor of the separation and submit form CJSTC-61 to Commission staff or electronically transmit through the Commission’s ATMS. A copy of form CJSTC-61 shall be maintained in the Instructor’s file. An instructor’s certification shall become inactive upon separation and remain inactive until the instructor is affiliated with a training school or agency. If the separation involves a violation of Section 943.13(4), F.S., or moral character violation, the training center director, agency administrator, or designee shall also complete the Affidavit of Separation Supplement, form CJSTC-61A, revised December 16, 2010 (effective 5/2012), hereby incorporated by reference, and form CJSTC-61, and submit to Commission staff or immediately transmit through the Commission’s ATMS. Form and CJSTC-61A can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/Content/CJST/Publications/
Professionalism-Program-Forms.aspx, or by contacting Commission staff at [phone].

c. Request for new Affiliation. The instructor requesting the change shall submit to the employing agency or training school the Instructor Certification Application form CJSTC-71, the training center director, agency administrator, or designee shall enter the employment into the Commission’s ATMS, and the instructor’s ATMS Global Profile Report shall be maintained in the instructor’s file.

b. When a training center director, agency administrator, or designee separates an instructor for administrative purposes, the training center director, agency administrator, or designee shall notify the instructor of the separation and submit form CJSTC-61 to Commission staff or electronically transmit through the Commission’s ATMS and a copy of form CJSTC-61 shall be maintained in the Instructor’s file. If the separation involves a violation of Section 943.13(4), F.S., or moral character violation, the training center director, agency administrator, or designee shall also complete the Affidavit of Separation Supplement, form CJSTC-61A, revised November 8, 2007, hereby incorporated by reference and form CJSTC-61 and submit to Commission staff. Form CJSTC-61A can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/Content/CJST/Publications/Professionalism-Program-Forms.aspx, or by contacting Commission staff at [phone].

(b) Equivalent Instructor Training.

1. through 3. No change.

(c) Exemption from Instructor Techniques Courses.

1. through 2. No change.

3. Instructor applicants shall complete the Instructor Certification Application form CJSTC-71 and attach all required documentation prior to submitting the application for approval. The training center director, agency administrator, or designee is required to submit form CJSTC-71 to Commission staff or electronically transmit through the Commission’s ATMS. Form CJSTC-71 and supporting documentation on each affiliated instructor shall be maintained in the instructor’s file.

(4) Exemption from General Instructor Certification. An individual, who has a professional or technical certification or three years of experience in the specified subject matter to be instructed, shall be exempt from General Instructor Certification. The training center director or designee shall document the individual’s qualifications by completing the Instructor Exemption, form CJSTC-82, revised December 16, 2010 November 8, 2007, hereby incorporated by reference, which shall be maintained in the course file at the training school. Form CJSTC-82 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/Content/CJST/Publications/Professionalism-Program-Forms.aspx, or by contacting Commission staff at [phone].

(5) through (6) No change.

Rulemaking Authority 943.03(4), 943.12(1), 943.14(3) FS. Law Implemented 943.12(3), (9), 943.14(3) FS. History–New 7-21-82, Formerly 11B-20.01, Amended 10-26-88, 5-14-92, 12-8-92, 1-10-94, 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, 6-3-10, 5-21-12,              .

 

11B-20.0014 Minimum Requirements for High-Liability and Specialized Topics Instructor Certification.

(1) through (2) No change.

(3) Specialized Topics Instructor Certifications. Instructor applicants who apply for a Specialized Topics Instructor Certification shall have completed the applicable specialized instructor course within four years of the date the instructor applicant applies for certification. Instructor applicants who apply for a Specialized Topics Instructor Certification more than four years from the date training was completed shall meet the requirements for completing an internship and demonstration of proficiency skills if applicable to the specialized topic. Instructor applicants shall meet the requirements for each Specialized Topics Instructor Topics Certification requested.

(a) Law Topics Instructor Certification. A law topics instructor certification is no longer required to instruct any Commission-approved training course effective July 1, 2012. Instructor applicants who request certification to instruct legal topics as outlined in subparagraphs (3)(a)6.-8. of this rule section shall comply with the following requirements to obtain Law Topics Instructor Certification:

1. Possess a General Instructor Certification or be eligible for General Instructor Certification and apply for General Instructor Certification at the same time the instructor requests a Law Topics Instructor Certification; and

2. Possess three years of criminal justice experience and a minimum of fifteen semester hours of college law courses, to include both a constitutional law course and a criminal law course with a grade of “C” or above from an accredited college or university; or

3. Possess a juris doctorate from an accredited college or university defined in Section 943.22, F.S.

4. Successfully complete a Law Topics internship supervised by a certified instructor and document on the Instructor Competency Checklist form CJSTC-81.

5. Be evaluated by his or her students. Student evaluations shall be reviewed with the instructor applicant by a training center director, agency administrator, or an instructor designated by the training center director or agency administrator, and documented on form CJSTC-81.

6. Correctional Officer Basic Recruit Training Programs. An instructor is required to possess a Law Topics Instructor certification to teach in the topics of Arrest Laws, Burden of Proof, Civil and Criminal Liability, Classification of Offenses, Constitutional Law Overview, Court Rules and Trial Procedures, Court Structure, Elements of a Crime, Evidence Concepts, Evidence Rules, Intent, Legal Defense, Parties to a Crime, Probable Cause, Search and Seizure Concepts, and Use-of-Force, in the following basic recruit training programs:

a. Traditional Correctional Basic Recruit Training Program number 502.

b. Traditional Correctional Probation Cross-Over to Traditional Correctional Basic Recruit Training Program number 556 (Retired 3/31/08).

c. CMS Application-Based Law Enforcement Cross-Over to Traditional Correctional Basic Recruit Training Program number 1155 (Retired 3/31/08).

d. Law Enforcement Officer Cross-Over Training to Traditional Correctional Basic Recruit Training Program number 1181 (Effective 4/1/08).

e. Correctional Probation Officer Cross-Over Training to Traditional Correctional Basic Recruit Training Program number 1182 (Effective 4/1/08).

f. Correctional Auxiliary Officer Basic Recruit Training Program number 501 (Effective 1/1/97).

7. Correctional Probation Officer Basic Recruit Training Programs. An instructor is required to possess a Law Topics Instructor Certification to teach the topics of Constitutional Law, Probable Cause, Parties to a Crime, Civil and Criminal Liability, Classification of Offenses, Court Rules and Trial Procedures, Courtroom Demeanor and Testimony, and Use-of-Force in the following basic recruit training programs:

a. Florida Correctional Probation Basic Recruit Training Program number 1176 (Effective 4/1/08).

b. Traditional Correctional Cross-Over to Traditional Correctional Probation Basic Recruit Training Program number 667 (Retired 3/31/08).

c. CMS Application-Based Law Enforcement Cross-Over to Traditional Correctional Probation Basic Recruit Training Program number 1156 (Retired 3/31/08).

d. Correctional Officer Cross-Over Training to Florida Correctional Probation Basic Recruit Training Program number 1183 (Effective 4/1/08).

e. Law Enforcement Officer Cross-Over Training to Florida Correctional Probation Basic Recruit Training Program number 1184 (Effective 4/1/08).

8. Law Enforcement Officer Basic Recruit Training Programs. Individuals who possess a Law Topics Instructor Certification are authorized to instruct in the law topics of Introduction to Law, Legal Concepts, and Substantive Criminal Law in the following basic recruit training programs:

a. Florida CMS Law Enforcement Basic Recruit Training Program number 1177 (Effective 4/1/08).

b. Traditional Correctional Cross-Over to CMS Application-Based Law Enforcement Program number 1143 (Retired 3/31/08).

c. Traditional Correctional Probation Cross-Over to CMS Application-Based Law Enforcement number 1157 (Retired 3/31/08).

d. Correctional Officer Cross-Over Training to Florida CMS Law Enforcement Basic Recruit Training Program number 1178 (Effective 4/1/08).

e. Correctional Probation Officer Cross-Over Training to Florida CMS Law Enforcement Basic Recruit Training Program number 1179 (Effective 4/1/08).

f. Law Enforcement Auxiliary Officer Basic Recruit Training Program number 211 (Retired 3/31/08).

g. CMS Law Enforcement Auxiliary Officer Basic Recruit Training Program number 1180 (Effective 4/1/08).

(b) Speed Measurement Instructor Certification. Instructor applicants who request certification to instruct speed measurement training courses shall:

1. through 2. No change.

3. Successfully complete at a training school, the Speed Measurement Instructor Course for Law Enforcement Officers, course number 1159 or the Radar Speed Measurement Instructor Course for Law Enforcement Officers, course number 1108, retired December 31, 2006, and the Laser Speed Measurement Device (LSMD) Instructor Transition Course for Radar Instructors, course number 1109, to be retired December 31, 2008; and

4. through 6. No change.

(c) Canine Team Instructor Certification. Instructor applicants who request to obtain certification to instruct Commission-approved canine team training courses shall:

1. through 7. No change.

(d) Breath Test Instructor Certification. Instructor applicants who request certification to instruct the Breath Test Operator Course, Breath Test Operator Renewal Course, Agency Inspector Course, and the Agency Inspector Renewal Course, pursuant to Rule 11B-35.007, F.A.C., shall:

1. No change.

2. Successfully complete the Breath Test Instructor Course and proficiency requirements outlined in Rule 11B-35.0024(4)(d), F.A.C., through a training school and complete the required Alcohol Testing Program proficiencies.

3. through 4. No change.

5. Successfully complete a Breath Test internship supervised by a certified Breath Test Instructor instructor and document on the Instructor Competency Checklist form CJSTC-81. An instructor applicant shall instruct in one topic from any of the following courses: Breath Test Operator Course, Breath Test Operator Renewal Course, Agency Inspector Course, or Agency Inspector Renewal Course.

6. No change.

7. Alcohol Testing Program staff shall possess a General Instructor Certification pursuant to subparagraph (3)(d)1. sub-subparagraph (3)(d)1.a. of this rule section, and shall be exempt from the requirements of subparagraph (3)(d)2.-6. sub-subparagraph (3)(d)1.b.-f. of this rule section.

Rulemaking Authority 943.03(4), 943.12(1), 943.14(3) FS. Law Implemented 943.12(3), (9), 943.13 (6), 943.14(3) FS. History–New 7-29-01, Amended 11-5-02, 11-30-04, 3-27-06, 3-21-07, 6-9-08, 9-28-09,__________.

 

11B-20.0016 Inspection of Instructor Certification Applications.

(1) No change.

(2) If the instructor applicant’s file at the training school or agency is missing documentation or contains missing or deficient documentation, the instructor applicant and the training school or agency shall be notified of such documentation on the Instructor Certification Deficiency Notification, form CJSTC-271, revised November 8, 2007, hereby incorporated by reference. Form CJSTC-271 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/Content/CJST/Publications/Professionalism-Program-Forms.aspx, or by contacting Commission staff at [phone].

(3) through (4) No change.

Rulemaking Specific Authority 120.60(1), 943.03(4), 943.12(1), 943.14(3) FS. Law Implemented 120.60(1), 943.12(3), (9), 943.14(3) FS. History–New 7-29-01, Amended 11-5-02, 11-30-04, 3-27-06, 6-9-08,_________.

 

11B-20.0017 Maintenance and Duration of Instructor Certifications.

Documentation for instructors shall be maintained in the instructor’s file at the respective training school or agency. Additionally, the training school or agency shall submit or transmit to Commission staff, through the Commission’s ATMS, an Instructor Compliance Application, form CJSTC-84, revised November 8, 2007, hereby incorporated by reference, to verify compliance with the mandatory retraining requirements. Form CJSTC-84 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/Content/CJST/Publications/Professionalism-Program-Forms.aspx, or by contacting Commission staff at [phone].

(1) through (4) No change.

(5) Specialized Topics Instructor Certification. Instructors who possess a Specialized Topics Instructor Certification shall comply with the following requirements, once during their four-year cycle, to maintain certification:

(a) No change.

(b) Successfully complete continuing education or training approved by the training center director, agency administrator, or designee. Breath Test Instructors shall successfully complete the Breath Test Instructor Renewal Course and proficiency requirements outlined in Rule 11B-35.0024(4)(e), F.A.C.

(6) through (8) No change.

Rulemaking Authority 943.03(4), 943.12(1), 943.14(3) FS. Law Implemented 943.12(3), (9), 943.14(3) FS. History–New 7-29-01, Amended 11-5-02, 11-30-04, 3-27-06, 3-21-07, 6-9-08, 6-3-10,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Donna Hunt
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 11, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 20, 2012

1