Notice of Proposed Rule

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-20.0012: Denial and Revocation of Instructor Certification
11B-20.0013: Commission Instructor Certification Categories
11B-20.0014: Minimum Requirements for High-Liability and Specialized Topics Instructor Certification
11B-20.0017: Maintenance and Duration of Instructor Certifications
PURPOSE AND EFFECT: To remove human diversity training from the Instructor Certification Application form CJSTC-71 due to statutory revisions. Rule 11B-20.0012, F.A.C.: To make housekeeping revisions. Rule 11B-20.0013, F.A.C.: To add the Laser and Radar Instructor Certification category. Rule 11B-20.0014, F.A.C.: Renames the Laser Instructor Certification to Laser and Radar Instructor Certification; revises the course names for the American Heart Association, American Red Cross, American Safety and Health Institute, and the National Safety Council, and revises the CMS First Aid Performance Evaluation form CJSTC-5 CMS accordingly; allows instructor applicants, who are professionals pursuant to subparagraph 11B-20.0014(g)1., F.A.C., to request CMS First Aid Instructor Certification without completing additional training; defines a Law Topics Instructor Certification and allows a Law Topics Instructor to teach specific law topics provided the individual holds a Commission Law Topics Instructor Certification; lists the new radar courses required for certification to instruct laser and radar courses; retires the Radar Speed Measurement Instructor Course for Law Enforcement Officers and the Laser Speed Measurement Device Instructor Transition Course for Radar Instructors effective 12/31/06. Rule 11B-20.0017, F.A.C.: To update rule references on the Instructor Compliance Application form CJSTC-84.
SUMMARY: Rule 11B-20.001, F.A.C.: Human diversity training. Rule 11B-20.0012, F.A.C.: Housekeeping revisions. Rule 11B-20.0013, F.A.C.: Laser and radar instructor certification. Rule 11B-20.0014, F.A.C.: CPR Instructor Certification, CMS First Aid Instructor Certification, Commission Law Topics Instructor Certification, Laser and Radar Instructor Certification, and laser and radar instructor courses and creation of related form. Rule 11B-20.0017, F.A.C.: Instructor Compliance Application form CJSTC-84.
SUMMARY 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):
TIME AND DATE: January 10, 2007, 10:00 a.m.
PLACE: 2331 Phillips Road, Elevator Conference Room, Quad C, 3rd Floor, 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 (850)410-8615. 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, Florida Department of Law Enforcement, Criminal Justice Professionalism Program, 2331 Phillips Road, Tallahassee, Florida 32308, (850)410-8516

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 August 3, 2006 May 5, 2005, hereby incorporated by reference;

(b) through (c) No change.

(3) through (4) No change.

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,_________.

 

11B-20.0012 Denial and Revocation of Instructor Certification.

(1) No change.

(2) The Criminal Justice Standards and Training Commission has the authority to revoke an instructor’s certification if:

(a) The instructor willfully compromises the security and confidentiality of examinations, grading keys, or CMS test specifications used in training courses, or engages in any other conduct that subverts or attempts to subvert the State Officer Certification Examination (SOCE) process; or

(b) through (f) No change.

(3) through (7) No change.

Specific Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12(3), 943.14(3) FS. History–New 10-26-88, Amended 1-2-97, 7-7-99, 7-29-01, 11-5-02, 11-30-04,_________.

 

11B-20.0013 Commission Instructor Certification Categories.

Except as otherwise provided in this rule section or by law, individuals who instruct training courses pursuant to Rule Chapter 11B-35, F.A.C., at or through a training school, shall be certified by the Criminal Justice Standards and Training Commission. Instructor applicants who request to be certified by the Commission may request certification in the following categories of certification:

(1) through (3) No change.

(4) Specialized Topics Instructor Certifications.

(a) No change.

(b) Speed Measurement Instructor Certifications.

1. Radar Instructor Certification.

2. Laser and Radar Laser Instructor Certification.

(c) through (d) No change.

Specific Authority 943.03(4), 943.12(1), 943.14(3) FS. Law Implemented 943.12(3), (9), 943.14(3) FS. History–New 7-29-01, Amended 11-5-02, 11-30-04,_________.

 

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

(1) No change.

(2) High-Liability Instructor Certifications. Instructor applicants, who apply for a High-Liability Instructor Certification, shall have completed the applicable High-Liability Instructor Course within four years of the date the instructor applicant applies for certification. Instructor applicants, who apply for a High-Liability Instructor Certification more than four years from the date training was completed, shall complete an internship and demonstrate the proficiency skills applicable to the high-liability topic. Instructor applicants shall meet the following requirements for High-Liability Instructor Certification for each topic requested.

(a) through (f) No change.

(g) Traditional First Responder Instructor Certification. Instructor applicants who request to obtain certification to instruct in first responder topics shall comply with the requirements for Traditional General Instructor Certification pursuant to paragraph 11B-20.001(3)(a), F.A.C., or be exempt from Traditional General Instructor Certification pursuant to subsection 11B-20.001(4), F.A.C. Individuals who request to obtain certification as a Traditional First Responder Instructor shall comply with the requirements in subparagraph (g)1. or (g)2. of this rule section.

1. Individuals set forth in this rule section shall possess and maintain a valid CPR instructor certification, which is at minimum, at the “Basic Life Support (BLS) Instructor or “Heartsaver Instructor” level Healthcare Provider Level” with the American Heart Association, “CPR/AED for the Professional Rescuer Instructor” or “First Aid/CPR/AED Instructor” or “Emergency Response Instructor” or “Lifeguarding Instructor” level “CPR for the Professional Rescuer” with the American Red Cross, First Aid/CPR/AED Instructor” or “BLS Instructor” level with the and American Safety and Health Institute, or “BLS Instructor level”, or “Advanced First Aid and CPR” with the National Safety Council. The following individuals, based on their education and training experience in the United States or its territories, are eligible to request Traditional First Responder Instructor Certification without completing additional training:

a. through d. No change.

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

f. No change.

2. Individuals set forth in this rule section shall possess and maintain a valid CPR instructor certification, which is at minimum at the BLS Instructor or “Heartsaver Instructor” level “Healthcare Provider Level” with the American Heart Association, “CPR/AED for the Professional Rescuer Instructor” or “First Aid/CPR/AED Instructor” or “Emergency Response Instructor” or “Lifeguarding Instructor” level “CPR for the Professional Rescuer” with the American Red Cross, “First Aid/CPR/AED Instructor” or “BLS Instructor” level with the and American Safety and Health Institute, or “BLS Instructor” level, or “Advanced First Aid and CPR” with the National Safety Council, and are certified pursuant to Section 943.13, F.S. These individuals shall:

a. through b. No change.

c. Have successfully demonstrated 100% proficiency in first aid skills, with the results recorded on the CMS First Aid Performance Evaluation, form CJSTC-5 CMS, revised August 3, 2006 created May 6, 2004, hereby incorporated by reference; and

d. No change.

(h) CMS First Aid Instructor Certification. Individuals set forth in this rule section shall possess and maintain a valid CPR instructor certification, which is at a minimum at the “Basic Life Support (BLS) Instructor” or “Heartsaver Instructor” level with the American Heart Association, “CPR/AED for the Professional Rescuer Instructor” or “First Aid/CPR/AED Instructor” or “Emergency Response Instructor” or “Lifeguarding Instructor” level with the American Red Cross, “First Aid/CPR/AED Instructor” or “BLS Instructor” level with the American Safety and Health Institute, or “BLS Instructor” level with the National Safety Council. These individuals shall possess a valid CPR instructor certification, which is at minimum, at the BLS “Healthcare Provider Level” with the American Heart Association, “CPR for the Professional Rescuer” with the American Red Cross and American Safety and Health Institute, or “Advanced First Aid and CPR” with the National Safety Council. Instructor applicants who request to obtain certification to instruct the CMS First Aid for Criminal Justice Officers Course in Commission-approved Basic Recruit Training Programs, the CMS First Aid Instructor Course, and CMS First Aid Instructor Transition Course shall comply with the requirements for CMS General Instructor Certification pursuant to paragraph 11B-20.001(3)(b), F.A.C., and successfully complete the following training courses through a training school:

1. Instructor applicants who are professionals outlined in subparagraph (g)1. of this rule section are eligible to request CMS First Aid Instructor Certification without completing additional training, to include the CMS General Instructor Transition Course and the CMS First Aid Instructor Transition Course shall complete the CMS First Aid Instructor Transition Course.

2. through 3. No change.

(3) Specialized Topics Instructor Certifications. To obtain certification to instruct in specialized topics, the instructor applicant shall meet the following requirements for each specialized topic requested:

(a) Law Topics Instructor Certification. Individuals shall comply with the following requirements to obtain a Law Topics Instructor Certification: Posses six months of criminal justice experience, possess a minimum of fifteen semester hours of college credit law courses to include constitutional law and criminal law with a grade of “C” or above, or a juris doctorate.

1.(a) A Law Topics Instructor is required to instruct in the Law Topics Instructor Certification for Traditional Basic Recruit Training Programs. Instructor applicants who request to obtain certification to instruct Commission-approved law topics of Arrest Laws, Attempt, Conspiracy and Solicitation, Burden of Proof, Civil and Criminal Liability, Classification of Offenses, Constitutional Law, Constitutional Law Overview, Court Rules and Trial Procedures, Court Structure, Elements of a Crime, Evidence Concepts, Evidence Rules, Intent, Legal Defense, Legal Show-up, Legal Line-up, Parties to a Crime, Probable Cause, Search and Seizure Concepts, Stop and Frisk Laws, and Use of Force, in the following basic recruit training programs, shall possess substantial law training and experience of a minimum of fifteen semester hours or college credit law courses, to include constitutional law and criminal law with a grade of “C” or above, and possesses six months of criminal justice experience. The following Commission-approved Basic Recruit Training Programs require certified law topic instructors:

a.1. Traditional Correctional Basic Recruit Training Program.

b.2. Traditional Correctional Probation Basic Recruit Training Program.

c.3. CMS Traditional Law Enforcement to Correctional Basic Recruit Cross-Over Training Program.

d.4. CMS Traditional Law Enforcement to Correctional Probation Basic Recruit Cross-Over Training Program.

e.5. Traditional Correctional to Correction Probation Basic Recruit Cross-Over Training Program.

6. Traditional Correctional Probation to Law Enforcement Basic Recruit Cross-Over Training Program.

f.7. Traditional Correctional Probation to Correctional Basic Recruit Cross-Over Training Program.

g.8. Law Enforcement Auxiliary Officer Basic Recruit Training Program.

h.9. Correctional Auxiliary Officer Basic Recruit Training Program.

i.10. Correctional Probation Auxiliary Officer Basic Recruit Training Program.

2. Individuals who possess a Law Topics Instructor Certification are eligible to instruct in the law topics of Criminal Justice Systems of Florida, Constitutional Law, and Introduction of Florida Statutes in the following basic recruit training programs:

a. CMS Application-Based Law Enforcement Basic Recruit Training Program.

b. Traditional Correctional Probation to CMS Law Enforcement Basic Recruit Cross-Over Training Program.

c. Traditional Correctional to CMS Law Enforcement Basic Recruit Cross-Over Training Program.

(b) Speed Measurement Instructor Certifications. To be certified to instruct speed measurement training courses an instructor applicant is required to complete the following training:

1. No change.

2. Laser and Radar Instructor Certification. An instructor applicant shall successfully complete at a training school, the Laser and Radar Speed Measurement Instructor Course for Law Enforcement Officers, course 1159 or and the Radar Speed Measurement Instructor Course for Law Enforcement Officers, course 1108, retired December 31, 2006, and the Laser Speed Measurement Device (LSMD) Instructor Transition Course for Radar Instructors, course 1109, to be retired December 31, 2008, at a training school, with the results recorded on a Laser and Radar Speed Measurement Device Instructor Field Evaluation, form CJSTC-10.

(c) through (d) No change.

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,_________.

 

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 August 3, 2006 May 5, 2005, hereby incorporated by reference, to verify compliance with the mandatory retraining requirements. Instructors whose Traditional General Instructor Certification or CMS General Instructor Certification has lapsed shall complete the General Instructor Refresher Course. Instructors whose High-Liability Instructor Certification has lapsed shall demonstrate proficiency skills in the applicable high-liability topic. Instructors whose Specialized Topics Instructor Certification has lapsed shall complete an internship in the applicable high-liability topic.

(1) through (7) No change.

Specific Authority 943.03(4), 943.12(1), 943.14(3) FS. Law Implemented 943.12(3), (9), 943.14(3) FS. History–New 7-29-01, Amended 11-5-02, 11-30-04, 3-27-06,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Donna Hunt, (850)410-8615
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Vickie Marsey, (850)410-8660
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 30, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 20, 2006