To revise the requirements for obtaining a general, specialized, or high-liability instructor certification and changed the affiliation reporting requirements, and to revise forms CJSTC-10, CJSTC-61, CJSTC-71, and CJSTC-81 to correspond with the ...

 

DEPARTMENT OF LAW ENFORCEMENT
Criminal Justice Standards and Training Commission

RULE NO: RULE TITLE
11B-20.001: Definitions and Minimum Requirements for General Certification of Instructors
11B-20.0014: Minimum Requirements for High-Liability and Specialized Topics Instructor Certification
PURPOSE AND EFFECT: To revise the requirements for obtaining a general, specialized, or high-liability instructor certification and changed the affiliation reporting requirements, and to revise forms CJSTC-10, CJSTC-61, CJSTC-71, and CJSTC-81 to correspond with the proposed rule revisions.
SUMMARY: Rule 11B-20.001: To revise the Speed Measurement Device Instructor Field Evaluation form CJSTC-10, Instructor Certification Application form CJSTC-71, and the Instructor Competency Checklist form CJSTC-81 to correspond with the proposed rule revisions. To retire the CMS Instructor Techniques Course number 1116 and replace it with the Florida General Instructor Techniques Course number 1186. To revise this rule section to require a training center director or agency administrators to report an instructor’s change in affiliation by submitting a completed Affidavit of Separation form CJSTC-61 to Commission staff. To remove the permissive word “authorize,” and restructure the sentence with more appropriate rule language.
Rule 11B-20.0014: To clarify that the timeline of four years is required to apply for a specialized instructor certification after completion of a specialized instructor course. To clarify the required training and internship requirements for instructors who do not comply with the four-year time line. To clarify existing rule language for obtaining a Law Topics, Speed Measurement, Canine Team, and Breath Test specialized instructor certification.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC 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: July 21, 2009, 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 [phone] or [e-mail]. 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].

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 October 30, 2008 November 8, 2007, hereby incorporated by reference;

(b) through (c) No change.

(3) General Instructor Certification.

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

1. Instructor applicants shall successfully complete the Traditional Instructor Techniques Course (Retired 6/30/2004), or CMS Instructor Techniques Course (Retired 11/14/08), or Florida General Instructor Techniques Course delivered through a training school or complete equivalent instructor training. The training center director is authorized to have instructor applicants complete only those portions of the CMS Instructor Techniques Course for which the instructor applicant is deficient.

2. Instructor applicants who apply for General Instructor Certification shall have completed the required instructor training within four years of the date the instructor applicant applies for certification. Instructor applicants who apply more than four years from the date training was completed shall be required to complete the General Instructor Refresher Course.

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 October 30, 2008 November 8, 2007, hereby incorporated by reference.

b. The instructor applicant shall demonstrate the applicable competencies listed on form CJSTC-81, which shall be maintained in the instructor’s file at the training school or agency.

c. The instructor applicant shall 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.

4. 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 transmitted through the Commission’s ATMS. Form CJSTC-71 and supporting documentation on each all affiliated instructor instructors shall be maintained in the instructor’s file.

5. Instructor Separation or Change of from Affiliation.

a. When an instructor requests a change of affiliation, or the training center director or agency administrator separates an instructor for administrative purposes, the training center director, agency administrator, or designee shall complete an Affidavit of Separation, form CJSTC-61, revised November 8, 2007, hereby incorporated by reference, and submit submitted to Commission staff, or immediately transmit through the Commission’s ATMS. A copy shall be maintained in the instructor’s file.

b. When a training center director or agency administrator 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 transmit through the Commission’s ATMS. A copy of form CJSTC-61 shall be maintained in the instructor’s file.

c. 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.

(b) Equivalent Instructor Training.

1. Instructor applicants who request an exemption from the required instructor training shall be evaluated by the training center director for completion of equivalent instructor training by documenting the instructor applicant’s qualifications. Documentation shall include the instructor applicant’s training in all of the following competencies, or the training center director may authorize the instructor applicant to complete only those portions of the Florida General Instructor Techniques Course CMS Instructor Techniques Course for which the instructor applicant is deficient:

a. Training liability.

b. Ethics.

c. Human diversity training required by Section 943.1758, F.S.

d. Adult learning theory.

e. Communication skills.

f. Instructional aids Learning aids.

g. Principles of instruction.

h. Lesson plan preparation.

i. Evaluation, measurement, and simulation and measurement.

j. Demonstration of instructional ability.

k. Group management.

l. Facilitation skills.

m. Applied Learning Concepts.

2. 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.

b. The instructor applicant shall demonstrate the applicable competencies listed on form CJSTC-81, which shall be maintained in the instructor’s file at the training school or agency.

c. The instructor applicant shall 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.

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 shall electronically transmit through the Commission’s ATMS, or submit form CJSTC-71 to Commission staff. The supporting documentation for affiliated instructors shall be maintained in the instructor’s file.

(c) Exemption from Instructor Techniques Courses.

1. Instructor applicants are exempt from the Florida General Instructor Techniques Traditional General Instructor Techniques Course (Retired 6/30/2004) or CMS General Instructor Techniques Course when the instructor applicant is a full-time instructor at a vocational technical institution or an accredited community college, college, or university. The instructor applicant shall provide documentation of his or her full-time status and identify the name and location of the vocational technical institution, college, community college, college, or university.

2. Instructor applicants shall complete an internship pursuant to subparagraph (3)(b)2. of this rule section.

3. Instructor applicants shall complete the Instructor Certification Application form CJSTC-71 and attach all required documentation prior to submitting the application for approval.

(4) through (6) 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 7-21-82, 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,________.

 

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

(1) No change.

(a) through (b) No change.

(c) Complete the instructor training requirements set forth in subsection (2) of this rule section, for High-Liability Instructor Topics for which the instructor applicant is requesting certification. The High-Liability Training Courses and proficiency requirements are outlined in Rule 11B-35.0024, F.A.C.

(d) through (f) No change.

(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 Instructor Topics Certification requested.

(a) Law Topics Instructor Certification. Instructor applicants Individuals 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. The instructor applicant shall be supervised by and have his or her instructional abilities evaluated by a certified instructor and shall complete the Instructor Competency Checklist form CJSTC-81. The instructor applicant shall demonstrate the applicable competencies listed on form CJSTC-81, which shall be maintained in the instructor’s file at the training school or agency.

5. Be The instructor applicant shall 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. through 8. No change.

(b) Speed Measurement Instructor Certification. Instructor applicants who request certification To be certified to instruct speed measurement training courses an instructor applicant shall:

1. Possess a General Instructor Certification or be eligible for General Instructor Certification and apply for General Instructor Certification at the same time the applicant is requesting Speed Measurement Instructor Certification; and

2. Possess three years experience as a speed measurement device operator; and

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. Complete the Speed Measurement Device Instructor Field Evaluation, form CJSTC-10, revised October 30, 2008 November 8, 2007, hereby incorporated by reference.

5. Successfully complete a speed measurement internship supervised by a certified Speed Measurement Instructor and document on the Instructor Competency Checklist form CJSTC-81. The instructor applicant shall be supervised by and have his or her instructional abilities evaluated by a certified speed measurement instructor and shall complete the Instructor Competency Checklist form CJSTC-81. The instructor applicant shall demonstrate the applicable competencies listed on form CJSTC-81, which shall be maintained in the instructor’s file at the training school or agency.

6. Be The instructor applicant shall 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.

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

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 Canine Team Instructor Certification.

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

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

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

5. Successfully complete a Canine Team internship supervised by a certified Canine Team Instructor and document on the Instructor Competency form CJSTC-81. An Complete an internship documented on a Competency Checklist form CJSTC-81. As part of the required internship, an instructor applicant shall instruct any topic of the Canine Team Training Course or Canine Team Training Instructor Course and shall be evaluated by a certified canine team instructor.

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.

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) Breath Test Instructor Certification. Instructor applicants who request certification A Breath Test Instructor shall be certified by the Commission to instruct the Breath Test Operator Course, Breath Test Operator Renewal Course, Agency Inspector Course, and the Agency Inspector Renewal Course, pursuant to subsection 11B-35.007, F.A.C., shall: Only certified breath test instructors shall instruct such courses.

1. Breath test instructor applicants shall:

1.a. 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 Breath Test Instructor Certification.

2.b. Successfully complete the Breath Test Instructor Course through a training school and complete the required Alcohol Testing Program proficiencies.

3.c. Have a minimum of three years experience as a certified breath test operator and agency inspector.

4.d. Possess a valid Breath Test Operator Permit and a valid Agency Inspector Permit at the time the application for breath test instructor certification is submitted.

5.e. Successfully complete a Breath Test internship supervised by a certified Breath Test Instructor and document on the Instructor Competency Checklist form CJSTC-81. Be supervised by and have his or her instructional abilities evaluated by a Commission-certified Breath Test Instructor and complete the Instructor Competency Checklist form CJSTC-81. The instructor applicant shall successfully demonstrate the competencies listed on form CJSTC-81, which shall be maintained in the instructor’s file at the training school.

6.f. Be evaluated by his or her students. Student evaluations shall be reviewed with the instructor applicant by a training center director, agency administer, or an instructor designated by the training center director or agency administrator, and shall be documented on form CJSTC-81, which shall be maintained in the instructor’s file at the training school or agency.

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

Rulemaking Specific 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,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Donna Hunt at [phone] or [e-mail]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: The Cabinet

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 9, 2009

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 17, 2009