Sub-subparagraph 11B-20.001(3)(a)5.a., F.A.C.: Incorporates the revised Affidavit of Separation, form CJSTC-61, to add “Line of Duty Death” as a separation reason to allow agencies to distinguish between an officer killed ....

 

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

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 add “Line of Duty Death” as a separation reason to allow agencies to distinguish between an officer killed in the line of duty and an officer’s death due to non-duty related causes.

Sub-paragraph 11B-20.0014(2)(a)3., F.A.C.: Adds the requirement that the instructor training course be completed prior to the instructor student completing an internship and clarifies the order in which the requirements must be completed.

Sub-paragraph 11B-20.0014(2)(b)3., F.A.C.: Adds the requirement that the instructor training course be completed prior to the instructor student completing an internship and clarifies the order in which the requirements must be completed.

Sub-paragraph 11B-20.0014(2)(c)2., F.A.C.: Removes DT Instructor Course retirement date and adds instructor course information and instructor update course information. The Commission mandated all certified DT instructors complete the DT Instructor Update course so that students who complete the DT Instructor Course on or after October 31, 2019, will have completed the DT Instructor Update course as well.

Sub-paragraph 11B-20.0014(2)(c)3., F.A.C.: Adds the requirement that the instructor training course be completed prior to the instructor student completing an internship and clarifies the order in which the requirements must be completed.

Sub-paragraph 11B-20.0014(2)(d)4., F.A.C.: Adds the requirement that the instructor training course be completed prior to the instructor student completing an internship and clarifies the order in which the requirements must be completed.

Sub-paragraph 11B-20.0014(3)(b)5., F.A.C.: Adds the requirement that the instructor training course be completed prior to the instructor student completing an internship and clarifies the order in which the requirements must be completed.

Sub-paragraph 11B-20.0014(3)(c)6., F.A.C.: Adds the requirement that the instructor training course be completed prior to the instructor student completing an internship and clarifies the order in which the requirements must be completed.

Sub-paragraph 11B-20.0014(3)(d)5., F.A.C.: Adds the requirement that the instructor training course be completed prior to the instructor student completing an internship and clarifies the order in which the requirements must be completed.

SUMMARY: Revised Affidavit of Separation, form CJSTC-61; requirements for completion of the instructor training course and instructor student internships; DT Instructor Course retirement date and adds instructor course information and instructor update course information.

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.

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: June 20, 2023

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 850-410-8615, 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 ______________ effective_______ August 12, 2021, effective 6/2022, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-_____ https://www.flrules.org/Gateway/reference.asp?No=Ref-14215, 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/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at [phone]. A copy shall be maintained in the instructor’s file.

b. 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, 5-29-14, 7-29-15, 9-4-16, 7-19-17, 8-15-18, 7-9-19, 5-20-21, 6-23-22, __________. 

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

(1) No change.

(2) High-Liability Instructor Topics.

(a) Vehicle Operations Instructor Certification.  Instructor applicants who request to obtain certification to instruct vehicle operations topics shall:

1. through 2. No change.

3. Following successful completion of the Vehicle Operations Instructor Course, hHave successfully completed a high-liability internship documented on the Instructor Competency Checklist form CJSTC-81 that is supervised by a certified vehicle operations instructor.

(b) Firearms Instructor Certification.  Instructor applicants who request to obtain certification to instruct firearms topics shall:

1. through 2. No change.

3. Following completion of the Firearms Instructor Course, hHave successfully completed a high-liability internship documented on the Instructor Competency Checklist form CJSTC-81 that is supervised by a certified firearms instructor.

(c) Defensive Tactics Instructor Certification.  Instructor applicants who request to obtain certification to instruct defensive tactics topics shall:

1. No change.

2. Have successfully completed through a training school the Defensive Tactics Instructor Course which began on or after October 31, 2019 or completed through a training school the Defensive Tactics Instructor Course which began prior to October 31, 2019 and the Defensive Tactics Instructor Update course (retired 6/30/04); and

3. Following successful completion of the Defensive Tactics Instructor Course, hHave successfully completed a high-liability internship documented on the Instructor Competency Checklist form CJSTC-81 that is supervised by a certified defensive tactics instructor.

(d) First Aid Instructor Certification.  Instructor applicants who request to obtain certification to instruct in first aid shall:

1. through 3. No change.

4. Following successful completion of the First Aid Instructor Course, if required, hHave successfully completed a high-liability internship documented on the Instructor Competency Checklist form CJSTC-81 that is supervised by a certified first aid instructor; and

5. through 6. No change.

(3) Specialized Instructor Certifications.  Instructor applicants who apply for a Specialized 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 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 Instructor Certification requested: 

(a) No change.

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

1. through 4. No change.

5. Following successful completion of the Speed Measurement Instructor Course, sSuccessfully complete a speed measurement internship supervised by a certified Speed Measurement Instructor and document on the Instructor Competency Checklist form CJSTC-81.

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 5. No change.

6. Following successful completion of the Canine Team Training Instructor Course, sSuccessfully 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. through 8. 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. through 4. No change.

5. Following successful completion of the Breath Test Instructor Course, sSuccessfully complete a Breath Test internship supervised by a certified Breath Test 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. through 7. 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, 7-19-17, 7-9-19, 5-20-21, 6-23-22, __________

 

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: May 23, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 31, 2022