Sub-subparagraph 11B-20.001(3)(a)5.a., F.A.C.: Incorporates the revised Affidavit of Separation, form CJSTC-61, to remove the reference to the Affidavit of Separation Supplement, form CJSTC-61A, which is being repealed. Also provides clarification ...

 

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 Instructor Certifications

11B-20.0017Maintenance and Duration of Instructor Certifications

PURPOSE AND EFFECT: Sub-subparagraph 11B-20.001(3)(a)5.a., F.A.C.: Incorporates the revised Affidavit of Separation, form CJSTC-61, to remove the reference to the Affidavit of Separation Supplement, form CJSTC-61A, which is being repealed. Also provides clarification concerning an agency’s responsibility in conducting an internal investigation upon the separation of an officer.

Sub-subparagraph 11B-20.001(3)(a)5.b., F.A.C.: Incorporates the use of the revised Internal Investigation Report, form CJSTC-78, instead of completing the repealed Affidavit of Separation Supplement, form CJSTC-61A, for instructors whose separations involve a violation of Section 943.13(4), F.S., or moral character violation.

Sub-subparagraph 11B-20.001(3)(a)5.c., F.A.C.: Updates the title of the ATMS Global Profile Report to reflect ATMS Global Profile Sheet for consistency within the rule.

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

Paragraph 11B-20.0014(1)(f), F.A.C.: Changes the length of time an individual has to apply for a high liability instructor topic to four years following the completion of the topic instructor training course to ensure the individual completes the required training within a reasonable time period.

Paragraphs 11B-20.0017(7)(c)-(e), F.A.C.: Revises the subsections of Rule 11B-20.0017(7)(c)-(e), F.A.C., because specific requirements were added pertaining to High-Liability Instructor Certification.

Sub-paragraph 11B-20.0017(7)(c)1.-3., F.A.C.: Includes rule language to identify the requirements which must be met for High-Liability Instructors whose High-Liability Instructor Certification has lapsed for a period of four years or fewer.

Paragraph 11B-20.0017(7)(d), F.A.C.: Adds new rule language to identify the requirements which must be met for High-Liability Instructors whose High-Liability Instructor Certification has lapsed for a period of more than four years.

SUMMARY: Updated high liability instructor requirements and revised Affidavit of Separation, form CJSTC-61; Internal Investigation Report, form CJSTC-78; ATMS Global Profile Sheet; and Instructor Exemption, form CJSTC-82.

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 Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes.

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 (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Wednesday, May 10, 2017 at 10:00 a.m.

PLACE: Florida Department of Law Enforcement, Criminal Justice Professionalism, 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 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 FULL TEXT OF THE PROPOSED RULE IS:

 

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

(1) through (2) No change.

(3) General Instructor Certification. 

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

1. through 4. No change.

5. Instructor Separation or Change of Affiliation. 

a. When an instructor requests a change of affiliation, the training center director, agency administrator, or designee shall complete an Affidavit of Separation, form CJSTC-61, revised August 4, 2016 November 5, 2015, effective _______ 9/2016, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-07370, and submit to Commission staff, or immediately transmit through the Commission’s ATMS. Form CJSTC-61 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/cms/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at [phone]. A copy shall be maintained in the instructor’s file.

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 Internal Investigation Report form CJSTC-78, revised August 4, 2016, effective, ______, hereby incorporated by reference, Affidavit of Separation Supplement, form CJSTC-61A, revised December 16, 2010 (effective 5/2012), hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-02217, and form CJSTC-61, and submit to Commission staff or immediately transmit through the Commission’s ATMS. Form CJSTC-78 and CJSTC-61A can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/cms/CJSTC/Publications/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 Sheet Report shall be maintained in the instructor’s file. 

(b) through (c) No change.

(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 August 4, 2016, November 6, 2014 effective ______ 7/2015, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-05654, 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/cms/CJSTC/Publications/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, 3-13-13, 5-29-14, 7-29-15, 9-4-16,____________. 

 

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

(1) High-Liability Topics Instructor Certification.  Instructor applicants shall comply with the following requirements for certification:

(a) through (e) No change.

(f) Instructor applicants who apply for a High-Liability Instructor Certification shall have completed the applicable High-Liability Instructor Course within four years of the date the instructor applicant applies for certification.  Instructor applicants who apply for a High-Liability Instructor Certification more than four years from the date training was completed shall complete an internship and demonstrate the proficiency skills applicable to the high-liability topic.  Instructor applicants shall meet the requirements for High-Liability Instructor Certification for each topic requested. 

(2) through (3) 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, 5-29-14, 7-29-15, 9-4-16,________.

 

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 5, 2015, effective 9/2016, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-07387, 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/cms/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at [phone]. 

(1) through (6) No change.

(7) Lapse of Instructor Certifications. 

(a) through (b) No change.

(c) High-Liability Instructor Certification.  Instructors whose High-Liability Instructor Certification has lapsed for a period of four years or fewer shall: demonstrate proficiency skills in the applicable high-liability topic pursuant to Rule 11B-35.0024, F.A.C. 

1. Demonstrate proficiency skills in the applicable high-liability topic pursuant to Rule 11B-35.0024, F.A.C.; and

2. Complete continuing education or training approved by the training center director, agency administrator, or designee; and

3. Complete a high-liability internship documented on the Instructor Competency Checklist, form CJSTC-81, that is supervised by an instructor who is certified in the high-liability topic area.

(d) High-Liability Instructor Certification.  Instructors whose High-Liability Instructor Certification has lapsed for a period of more than four years shall comply with Rule 11B-20.0014(1), F.A.C.

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

(8) through (9) No change.

Rulemaking Authority 943.03(4), 943.12(1), 943.14(3) FS.  Law Implemented 943.12(3), 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, 5-29-14, 7-29-15,9-4-16, ___________.

 

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: March 14, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 31, 2016