5126176, 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: 5126176

Notice of Development of Rulemaking

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-20.0013	Commission Instructor Certification Categories
11B-20.0014	Minimum Requirements for High-Liability and Specialized Instructor Certifications
11B-20.0016	Inspection of Instructor Certification Applications
11B-20.0017	Maintenance and Duration of Instructor Certifications

PURPOSE:

To comply with Section 120.74, F.S., which requires agencies to revise its rules as often as necessary to ensure compliance with Florida Statutes. Rule 11B-20.001, F.A.C.: To allow a professional or technical certification plus three years experience in a specified subject matter to be instructed for exemption from General Instructor Certification. Rule 11B-20.0013, F.A.C.: To retire the Radar Instructor Certification and Laser and Radar Instructor Certifications and creating the Speed Measurement Instructor Certification for both certifications. The following Commission forms were revised to comply with the proposed rule revisions: Rule 11B-20.001, F.A.C.: To require an instructor applicant to attach the required documentation to form CJSTC-71 prior to submitting to Commission staff; to revise forms CJSTC-61 and CJSTC-61A to require that an instructor shall not instruct in Commission-approved courses if his/her certificate has been revoked, relinquished, or suspended. Rule 11B-20.0014, F.A.C.: To revise form CJSTC-10 to reflect the new requirements for obtaining a Speed Measurement Instructor Certification.
Pursuant to Section 943.12(1) to develop rules for the implementation of Section 943.085, F.S., which requires establishment, implementation and evaluation of criminal justice training for law enforcement, correctional, and correctional probation officers. The following revisions were made to implement the new Florida CMS Law Enforcement and Florida Correctional Probation Basic Recruit Training Programs: Rule 11B-20.001, F.A.C.: To repeal the High-Liability Instructor Internship form CJSTC-81A and transfer the internship requirements to form CJSTC-81. Rules 11B-20.001 and 11B-20.0014, F.A.C.: To revise the General Instructor Certification requirements and retire the Traditional General Instructor Certification and Traditional Instructor Techniques Course. Rule 11B-20.0013, F.A.C.: To retire the Traditional High-Liability Instructor Certifications and remove the “CMS” designation from the existing high-liability certifications. Rule 11B-20.0014, F.A.C.: To require three years experience versus three years work experience for instructor certification. To require student evaluation of an instructor. To update the law topics in the Commission’s Basic Recruit Training Programs. Rule 11B-20.0016, F.A.C.: To update the instructor certification topics. Rule 11B-20.0017, F.A.C.: To revise the names of the general and high-liability instructor certifications.
New Fingerprint Process. To revise form CJSTC-67 to comply with the revision of Section 943.13(5), F.S., for processing an officer’s fingerprints for employment or appointment.
To revise the following forms to comply with the revision of Section 119.071, F.S., that precludes an agency from requesting an individual’s full social security number unless a list of the documents or forms are filed with the state: Rule 11B-20.001, F.A.C.: CJSTC-71, CJSTC-61, CJSTC-81; Rule 11B-20.0016, F.A.C.: CJSTC-271; Rule 11B-20.0017, F.A.C.: CJSTC-84; Rule 11B-20.0014, F.A.C.: CJSTC-10.
Clarify and restructure existing rule language to comply with the Governor’s plain language policy:
Rule 11B-20.001, F.A.C.: To create a new rule paragraph for “instructor separation from affiliation.” To create a new rule paragraph for equivalent instructor training. To update the required instructor competencies and internship requirements by creating a new rule paragraph for instructor exemption from the Instructor Techniques Courses. To create a new rule paragraph for Exemption from General Instructor Certification. Rule 11B-20.0012, F.A.C.: To create a new paragraph for disciplinary guidelines and penalties to impose on Commission-certified instructors for violation of statute or Commission rules. Rule 11B-20.0014, F.A.C.: To create new rule paragraphs for high-liability instructor certifications for vehicle, firearms, defensive tactics, first aid, specialized instructor certifications for law topics, speed measurement, canine, and breath test. Rule 11B-20.0017, F.A.C.: To create a new rule paragraph for “lapse of instructor certifications” and to clarify the period for maintaining an instructor certification.

SUBJECT:

Commission forms; minimum requirements for general certification of instructors; denial and discipline of instructor certifications; instructor certification categories; minimum requirements for high-liability and specialized topics instructor certifications; inspection of instructor certification applications; and maintenance and duration of instructor certifications.

RULEMAKING AUTHORITY:

120.60(1), 943.03(4), 943.12(1), (2), 943.14, 943.14(3) FS.

LAW:

120.60(1), 943.12(3), (9), 943.13(6), 943.14(3) FS.

PRINT PUBLISH DATE:

1/18/2008 Vol. 34/03

RELATED STATUTES
AND LAWS:

120.60(1), 943.03(4), 943.12(1), (2), 943.14, 943.14(3) FS., 120.60(1), 943.12(3), (9), 943.13(6), 943.14(3) FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=11B-20.001&PDate=1/18/2008&Section=1

REFERENCE MATERIALS:

No reference(s).

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