Notice of Development of Rulemaking

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-20.0016: Inspection of Instructor Certification Applications
11B-20.0017: Maintenance and Duration of Instructor Certifications
PURPOSE AND EFFECT: 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CJSTC-61A to require that an instructor shall not instruct in Commission-approved courses if his/her certificate has been revoked, relinquished, or suspended.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 AREA TO BE ADDRESSED: 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.
SPECIFIC AUTHORITY: 120.60(1), 943.03(4), 943.12(1), (2), 943.14, 943.14(3) FS.
LAW IMPLEMENTED: 120.60(1), 943.12(3), (9), 943.13(6), 943.14(3) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: Tuesday, February 5, 2008, 10:00 a.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 (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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Donna Hunt, Florida Department of Law Enforcement, Criminal Justice Professionalism Program, 2331 Phillips Road, Tallahassee, Florida 32308, (850)410-8516

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.