11B-20.001(2)(a): Revises the Instructor Certification Application form CJSTC-71 to add the new Criminal Justice Diving Certification category and removes the Law Topics Instructor Certification topic because the certification is no longer required ...

 

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-20.0013Commission Instructor Certification Categories

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

11B-20.0017Maintenance and Duration of Instructor Certifications

PURPOSE AND EFFECT: 11B-20.001(2)(a): Revises the Instructor Certification Application form CJSTC-71 to add the new Criminal Justice Diving Certification category and removes the Law Topics Instructor Certification topic because the certification is no longer required to instruct Commission courses.

11B-20.001(3)(a)3.a.: Revises the Instructor Competency Checklist form CJSTC-81 to add the new Criminal Justice Diving Instructor Certification category and deletes the Law Instructor Certification Category because the certification is no longer required to instruct Commission courses.

11B-20.0012(1), 11B-20.0013(3), 11B-20.0014(3), 11B-20.0017(5), 11B-20.0017(7)(d): Deletes the unnecessary word “topics,” in the “Specialized Topics Instructor Certification” title and renames “Specialized Instructor Certification.”

11B-20.0013(3)(a): Adds the new Criminal Justice Diving Instructor Certification category and removes the Law Topics Instructor Certification category because the certification is no longer required to instruct Commission courses.

11B-20.0014 (Rule Title): Deletes the unnecessary word “topics,” in the Rule Title, and adds an “s” to the word “Certification” to reflect the multiple certifications in Rule 11B-20.0014, F.A.C.

11B-20.0014(3)(a)1.-4.: Adds the new Criminal Justice Diving Instructor Certification category and certification procedures for the new Underwater Police Science and Technology course.

11B-20.0014(3)(a)4. Old paragraph: Removes the Law Topics Instructor Certification because the certification is no longer required to instruct Commission courses.

11B-20.0014(3)(b)4.: Revises the Speed Measurement Device Instructor Field Evaluation form CJSTC-10 to allow a training center director or designee to approve the successful demonstration of a speed measurement device to assist the director in processing evaluations.

11B-20.0014(3)(c)2.: Increases the number of years for canine team experience from three to five years for obtaining a Canine Team Instructor Certification to conform with the current curriculum.

11B-20.0014(3)(c)3.: Updates the Canine Team Training Course and changes the course number from 1112 to 1198 to conform with current curriculum and updates a rule reference.

11B-20.0014(3)(c)4.: Renames the "Canine Team Training course" to "Canine Team Training Instructor course" and adds the course number 1199.

11B-20.0014(3)(c)5.-8.: Creates the new Canine Team Instructor Performance Evaluation form CJSTC-20 for evaluating canine teams to conform with the current curriculum and renumbers the paragraphs.

11B-20.0017(1): Updates the expiration dates for the original instructor certification, the instructor four-year anniversary date, and the instructor renewal deadline for instructional and continuing education requirements to conform with the current curriculum.

SUMMARY: Revises the Instructor Certification Application form CJSTC-71; revises the Instructor Competency Checklist form CJSTC-81; revises Specialized Instructor Certification title; adds the Criminal Justice Diving Instructor Certification; removes the Law Topics Instructor Certification; revises the rule tile of Rule 11B-20.0014; adds the new Criminal Justice Diving Instructor Certification category; adds the certification procedures for the new Underwater Police Science and Technology course; revises the Speed Measurement Device Instructor Field Evaluation form CJSTC-10; updates the required years of canine team experience; adds the new Canine Team Training course; adds the new Canine Team Training Instructor course; adds the new Canine Team Instructor Performance Evaluation form CJSTC-20; and revises the four-year expiration date for the original instructor certification, instructor four-year anniversary date, and instructor renewal deadline.

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: OTHER RULES INCORPORATING THIS RULE: N/A. EFFECT ON THOSE OTHER RULES: N/A 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.

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

LAW IMPLEMENTED: 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:

DATE AND TIME: Friday, March 7, 2014, 10:00 a.m.

PLACE: Florida Department of Law Enforcement, Criminal Justice Professionalism, 2331 Phillips Road, Room B1055, 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 [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 IS: Donna Hunt at [phone], or [e-mail], or write to Florida Department of Law Enforcement, Criminal Justice Professionalism, 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 November 7, 2013, effective_________, December 16, 2010, (effective 3/2013), hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref_______. 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 November 7, 2013, effective________, December 16, 2010, (effective 3/2013), hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref_______. 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. through 5. No change.

a. through c. No change.

(b) through (c) No change.

(4) 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, 3-13-13,__________.

 

11B-20.0012 Denial and Discipline of Instructor Certification.

(1) The Criminal Justice Standards and Training Commission shall deny an instructor applicant’s request for certification, in the certification categories outlined in Rule 11B-20.0013, F.A.C., if the instructor applicant does not meet the minimum qualification requirements for General, High-Liability, or Specialized Instructor Topics Instruction Certification, pursuant to Rules 11B-20.001 and 11B-20.0014, F.A.C. The Commission shall notify the instructor applicant by sending a “Notice of Intent to Deny Instructor Certification,” which shall specify the reason(s) for the denial of instructor certification. The affected party shall have a right to a hearing pursuant to Section 120.57, F.S., upon denial of certification.

(2) through (8) No change.

Rulemaking Specific Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12(3), 943.14(3) FS. History–New 10-26-88, Amended 1-2-97, 7-7-99, 7-29-01, 11-5-02, 11-30-04, 3-21-07, 6-9-08,_________.

 

11B-20.0013 Commission Instructor Certification Categories.

Except as otherwise provided in this rule section or by law, individuals who instruct training courses pursuant to Rule Chapter 11B-35, F.A.C., at or through a training school, shall be certified by the Criminal Justice Standards and Training Commission. The Commission offers the following categories of certification to instructor applicants:

(1) through (2) No change.

(3) Specialized Topics Instructor Certifications.

(a) Criminal Justice Diving Instructor Certification. Law Topics Instructor Certification.

(b) through (d) No change.

Rulemaking Specific 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, 3-21-07, 6-9-08,________.

 

11B-20.0014 Minimum Requirements for High-Liability and Specialized Topics Instructor Certifications 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 following requirements for each Specialized Topics Instructor Certification requested:.

(a) Criminal Justice Diving Instructor Certification to instruct the Underwater Police Science and Technology course number 077, pursuant to Rule 11B-35.006, F.A.C., shall: Law Topics Instructor Certification. A law topics instructor certification is no longer required to instruct any Commission-approved training course effective July 1, 2012.

1. Possess a General Instructor Certification or be eligible for General Instructor Certification and apply for a General Instructor Certification at the same time the applicant requests a Criminal Justice Diving Instructor Certification; and

2. Possess and maintain a current Scuba Instructor Certification from a nationally recognized organization that meets the standards of the World Recreational Scuba Training Council (WRSTC) and have two years of experience as a public safety diver, or possess and maintain a Dive Master Certification from a nationally recognized organization that meets the standards of the WRSTC and have five years of experience as a public safety diver; and

3. Have been employed in the capacity of a public safety diver within the past four years, or have instructed the Underwater Police Science and Technology course within the past four years; and

4. Have successfully completed the Underwater Police Science and Technology course as a student.

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

1. through 3. No change.

4. Complete the Speed Measurement Device Instructor Field Evaluation, form CJSTC-10, revised November 7, 2013, effective________, October 30, 2008, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref_______. Form CJSTC-10 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.

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

1. No change.

2. Possess a minimum of five three years criminal justice canine team experience documented in the instructor applicant’s file at the training school or agency.

3. Successfully complete the Canine Team Training Course number 1198 1112 or an equivalent course pursuant to subsection 11B-27.013(3)(4), F.A.C.

4. Successfully complete the Canine Team Training Instructor Course number 1199, through a training school.

5 Complete the Canine Team Instructor Performance Evaluation, form CJSTC-20, created November 7, 2013, effective______, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref_______. Form CJSTC-20 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].

6.5. Successfully complete a Canine Team internship supervised by a certified Canine Team Instructor and document on the Instructor Competency form CJSTC-81. An instructor applicant shall instruct any topic of the Canine Team Training or Canine Team Training Instructor Course.

7.6. 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.

8.7. Provide verification that there is not a sustained “excessive use-of-force” complaint against the instructor applicant, involving the use of the canine at the time a canine was under his or her command, at the agency(s) where the instructor applicant obtained experience as a canine officer. The verification shall be documented on agency letterhead and signed by the agency administrator or designee.

(d) No change.

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, 3-13-13,________.

 

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) Instructors shall successfully complete the instructional and continuing education requirements outlined below every four years.  The expiration of an instructor’s certification shall be March 31st of the fourth year following the instructor’s initial certification.

Example:

Original Instructor Certification DateNovember 21, 2009 2005

Instructor Four-year Anniversary DateNovember 21, 2013 2009

Instructor Renewal DeadlineMarch 31, 2014 2010

(2) 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) through (b) No change.

(6) No change.

(7) No change.

(a) through (c) No change.

(d) Specialized Topics Instructor Certification.  Instructors whose Specialized Topics Instructor Certification has lapsed shall complete an internship in the applicable specialized topic documented on form CJSTC-81.

(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, 3-13-13,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Bureau Chief Glen Hopkins

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 10, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 7, 2014

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