11B-20.001(1)(a): Incorporates the revised Training Report, form CJSTC-67, to specify that only the applicant’s last four digits are required for completion of the form. 11B-20.001(3)(a)3.a.: Revises the Instructor Competency Checklist, form ...

 

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-20.0016Inspection of Instructor Certification Applications

11B-20.0017Maintenance and Duration of Instructor Certifications

PURPOSE AND EFFECT: Paragraph 11B-20.001(1)(a): Incorporates the revised Training Report, form CJSTC-67, to specify that only the applicant’s last four digits are required for completion of the form.

Sub-paragraph 11B-20.001(3)(a)3.a., F.A.C.: Revises the Instructor Competency Checklist, form CJSTC-81.

Sub-paragraph 11B-20.001(3)(a)5.a., F.A.C.: Revises the Affidavit of Separation, form CJSTC-61.

Paragraph 11B-20.0014(1)(d), F.A.C.: Incorporates the updated Instructor Competency Checklist, form CJSTC-81.

Sub-paragraphs 11B-20.0014(2)(d)6.-7., F.A.C.: Revises sub-paragraphs 11B-20.0014(2)(d)6.-7., F.A.C., to reorganize the subparagraph rule text to identify certain individuals who are eligible for First Aid Instructor Certification without completing additional Commission-approved training, pursuant to sub-paragraphs 11B-20.0014(2)(d)4.-5., F.A.C.

Sub-paragraphs 11B-20.0014(3)(a)3.-4., F.A.C.: Requires instructor applicants to possess a general instructor certification, scuba instructor or dive master certification, and must have been employed as a public safety diver or instructed Underwater Police Science and Technology within the past four years. The instructor requirements in rule qualify the instructor applicant to teach the course without having to take the course.

Sub-paragraph 11B-20.0014(3)(c)3. , F.A.C. Changes the rule so that applicants who previously completed the Canine Team Training Course number 1112 will not be required to repeat the training with the new Canine Team Training Course number 1198.

Subsection 11B-20.0016(2), F.A.C.: Revises the Instructor Certification Deficiency Notification, form CJSTC-271.

Rule 11B-20.0017, F.A.C.: Incorporates the revised Instructor Compliance Application, form CJSTC-84.

Subsection 11B-20.0017(9), F.A.C.: Clarifies the specific requirements for Breath Test Instructors who fail the Breath Test Instructor Renewal Course to complete a Commission-certified training school, a Breath Test internship, and apply for Breath Test Instructor certification.

SUMMARY: Revised Training Report, form CJSTC-67; revised Instructor Competency Checklist, form CJSTC-81; revised Affidavit of Separation, form CJSTC-61; First Aid Instructor Certification; Underwater Police Science and Technology; canine team training; revised Instructor Certification Deficiency Notification, form CJSTC-271; and requirements for Breath Test Instructors.

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: 120.60(1), 943.03(4), 943.12(1), 943.14(3) FS.

LAW IMPLEMENTED: 119.071, 120.60(1), 943.12(3), (9), 943.3(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, June 29, 2016, 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) Definitions:

(a) “Successful completion” of a course is documented as a “Pass” on the completed Training Report, form CJSTC-67, revised November 5, 2015 November 6, 2014, effective 9/2016 7/2015, hereby incorporated by reference. Form CJSTC-67 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 (i) No change. 

(2) No change.

(3) General Instructor Certification. 

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

1. and 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 5, 2015 November 7, 2013, effective 9/2016 5/2014, 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. and c. No change.

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 November 5, 2015 December 16, 2010, effective 9/2016 (effective 5/2012), hereby incorporated by reference, 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/Content/CJST/Publications/Professionalism-Program-Forms.aspx, or by contacting Commission staff at [phone].  A copy shall be maintained in the instructor’s file. 

b. and c. No change.

(b) and (c) No change.

(4) through (6) No change.

Rulemaking Authority 943.03(4), 943.12(1), 943.14(3) FS.  Law Implemented 119.071, 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,              . 

 

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 (c) No change.

(d) Be evaluated by his or her students.  Student evaluation 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 the Instructor Competency Checklist form CJSTC-81, revised November 5, 2015, effective 9/2016, hereby incorporated by reference. 

(e) and (f) No change.

(2) High-Liability Instructor Topics.

(a) through (c) No change.

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

1. through 5. No change.

6. Certain The following individuals, based on their education and training experience in the United States or its territories, are eligible for First Aid Instructor Certification without completing additional Commission-approved training and shall comply with subparagraphs (2)(d)4.-5. of this rule section:

a. Qualifying professional certifications or licenses:

1. Certified emergency medical technicians.

2. Certified paramedics.

3. Licensed physicians, who are actively involved in emergency care and have three years experience in emergency medical care.

4. Licensed physician’s assistants, who are actively involved in emergency care and have three years experience in emergency medical care.

5. Registered nurses or licensed practical nurses, who are actively involved in emergency care and have three years experience in emergency medical care.

6. Members of the Armed Forces of the United States on active duty entitled to practice as an Emergency Medical Technician (EMT) or a Florida paramedic set forth in Chapter 401, F.S., Part III.

7. Full-time instructors at a vocational technical institution or an accredited college or university, who instruct medical topics in EMT, paramedic, nursing, physician, or physician assistance programs. 

a. Certified emergency medical technicians. 

b. Certified paramedics.

c. Licensed physicians, who are actively involved in emergency care and have three years experience in emergency medical care.

d. Licensed physician’s assistants, who are actively involved in emergency care and have three years experience in emergency medical care.

e. Registered nurses or licensed practical nurses, who are actively involved in emergency care and have three years experience in emergency medical care.

f. Members of the Armed Forces of the United States on active duty entitled to practice as an Emergency Medical Technician (EMT) or a Florida paramedic set forth in Chapter 401, F.S., Part III.

g. Full-time instructors at a vocational technical institution or an accredited college or university, who instruct medical topics in EMT, paramedic, nursing, physician, or physician assistance programs. 

b.7.To obtain a First Aid Instructor Certification, the instructor applicant shall provide a copy of the current qualifying professional’s certification or license and shall not allow the qualifying professional’s certification or license to lapse.  The instructor applicant shall provide documentation of renewal to the certifying agency or training school.  If the qualifying professional’s certification or license expires during the certification period, the instructor shall not instruct in first aid until the professional’s certification or license is renewed.

(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) 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:

1. and 2. No change.

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) No change.

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

1. and 2. No change.

3. Successfully complete the Canine Team Training Course number 1112 (retired 11/6/2013) or Canine Team Training Course number 1198 or an equivalent course approved by a Commission-approved evaluator. pursuant to subsection 11B-27.013(3), F.A.C.

4. through 8. No change.

(d) No change. 

Rulemaking Authority 943.03(4), 943.12(1), 943.14(3) FS.  Law Implemented 119.071, 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,               .

 

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 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 5, 2015 November 8, 2007, effective 9/2016, 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 Authority 120.60(1), 943.03(4), 943.12(1), 943.14(3) FS.  Law Implemented 119.071, 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, 3-13-13, 7-29-15,               . 

 

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 November 6, 2014, 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 (8) No change.

(9) Breath Test Instructors who fail the Breath Test Instructor Renewal Course shall successfully complete the Breath Test Instructor Course and proficiency requirements outlined in paragraph 11B-35.0024(4)(d), F.A.C., through a Commission-certified training school, complete a Breath Test internship, and apply for Breath Test Instructor certification.

Rulemaking Authority 943.03(4), 943.12(1), 943.14(3) FS.  Law Implemented 119.071, 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, 5-29-14, 7-29-15,__________.

 

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: August 02, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 30, 2015