20191246, 11B-20.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 20191246

Notice of Proposed Rule

Department:

DEPARTMENT OF LAW ENFORCEMENT

Division:

Criminal Justice Standards and Training Commission

Chapter:

CERTIFICATION OF CRIMINAL JUSTICE TRAINING INSTRUCTORS

Overview

RULE:

11B-20.001	Definitions and Minimum Requirements for General Certification of Instructors
11B-20.0012	Denial and Discipline of Instructor Certification
11B-20.0017	Maintenance and Duration of Instructor Certifications

PURPOSE:

Paragraph 11B-20.001(1)(j), F.A.C.:  Establishes rule language that prohibits romantic or sexual relationships between certified instructors and students attending basic recruit training.  Given the ability of an instructor to control access to the profession, it is possible for an instructor to use this power to coerce a student to participate in a relationship that he or she feels is required in order to successfully complete the program and become a certified officer.
Sub-subparagraph 11B-20.001(3)(a)5.b., F.A.C.:  Incorporates the revised Internal Investigation Report, form CJSTC-78, to change the rule reference and update the name of the form in the instructions.
Subsection 11B-20.001(4), F.A.C.:  Incorporates the revised Instructor Exemption, form CJSTC-82, to change the rule reference and update the certification statement to ensure the training center director or designee is aware of their responsibility to verify individual meets the eligibility requirements.
Paragraphs 11B-20.0012(2)(b)-(c), F.A.C.:  Updates the rule references because paragraphs were added to Rule 11B-35.001, F.A.C.
Paragraph 11B-20.0012(2)(f), F.A.C.:  Imposes disciplinary action against an instructor’s certification if the instructor teaches or supervises a basic recruit trainee in one of the Commission’s Basic Recruit Training Programs and engages in a romantic or sexual relationship with that basic recruit trainee.
Paragraph 11B-20.0012(2)(g), F.A.C.:  Moves the existing rule language from the preceding subparagraph to form a new subparagraph.
Paragraph 11B-20.0017(7)(b), F.A.C.:  Includes rule language to identify the requirements which must be met for General Instructors whose General Instructor Certification has lapsed to complete an internship in addition to completing the General Instructor Refresher Course and document the completion of both on the Instructor Competency Checklist, form CJSTC-81.

SUMMARY:

Added the definition of “romantic or sexual relationship” as it applies to relationships between certified instructors and students; revised Internal Investigation Report, form CJSTC-78, and Instructor Exemption, form CJSTC-82; updated rule references and new subparagraph; disciplinary action against an instructor’s certification; and requirement for instructors whose General Instructor Certification has lapsed.

RULEMAKING AUTHORITY:

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

LAW:

943.12(3), (9), 943.14(3) FS.

PRINT PUBLISH DATE:

3/22/2018 Vol. 44/57

COMMENTS:

From 3/22/2018 To 4/12/2018 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-07387 CJSTC-84; Instructor Compliance Application; Rule 11B-20.0017
Ref-08447 CJSTC-82; Instructor Exemption; Rule 11B-20.001(4)
Ref-08474 CJSTC-78; Internal Investigation Report; Rule 11B-20.001(3)(a)5.b.

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