Fla. Admin. Code Ann. R. 11B-20.0012 - Denial and Discipline of Instructor Certification

(1) The Criminal Justice Standards and Training Commission shall deny an instructor applicant's request for certification, in the certification categories outlined in rule 11B-20.0013, F.A.C., if the instructor applicant does not meet the minimum qualification requirements for General, High-Liability, or Specialized Instructor Certification, pursuant to rules 11B-20.001 and 11B-20.0014, F.A.C. The Commission shall notify the instructor applicant by sending a "Notice of Intent to Deny Instructor Certification, " which shall specify the reason(s) for the denial of instructor certification. The affected party shall have a right to a hearing pursuant to section 120.57, F.S., upon denial of certification.

(2) The Criminal Justice Standards and Training Commission is authorized to impose disciplinary action against an instructor's certification if:

(a) The instructor willfully compromises the security and confidentiality of examinations, grading keys, or 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) The instructor willfully compromises or circumvents the student attendance requirements set forth in rule 11B-35.001, F.A.C.; or

(c) The instructor willfully compromises or circumvents the trainee performance requirements pursuant to rules 11B-35.001 and 11B-35.0024, F.A.C.; or

(d) The instructor intentionally and materially falsifies criminal justice documentation; or

(e) The instructor commits an act or acts establishing gross incompetence as determined by the Commission. Gross incompetence is the lack of ability or fitness to perform as an instructor as a result of emotional instability, or physical incapacitation, or inadequate technical knowledge of subject matter, or reckless disregard for the safety of trainees or the public.

(f) The instructor teaches or supervises a basic recruit trainee in any Commission-approved Basic Recruit Training Program and engages in a romantic or sexual relationship, as defined in paragraph 11B-20.001(1)(j), F.A.C., with that basic recruit trainee; and

1. Submission to the relationship is made either explicitly or implicitly a term or condition of the basic recruit trainee's ability to complete the Basic Recruit Training Program; or

2. Submission to or rejection of the relationship by the basic recruit trainee is used as a basis for decisions affecting the basic recruit trainee's participation in the Basic Recruit Training Program; or

3. The relationship is consensual and results in the basic recruit trainee receiving an undue advantage or some benefit in the Basic Recruit Training Program as a result thereof.

(g) The instructor commits an act or acts establishing a "lack of good moral character, " defined in subsection 11B-27.0011(4), F.A.C.

(3) Allegations of violations against an instructor, pursuant to subsection (2) of this rule section, shall be investigated upon receipt of a written complaint or a violation(s) discovered through an audit. All sustained violations of conduct shall be scheduled before a Commission Probable Cause Determination Hearing.

(4) A training center director or agency administrator, having good cause to believe that an instructor has violated subsection (2) of this rule section, shall conduct a preliminary inquiry, and report the findings to Commission staff. An administrative investigation based upon this report shall be conducted by Commission staff, and all sustained violations of conduct shall be scheduled before a Commission Probable Cause Determination Hearing.

(5) Should a Commission Probable Cause Determination Hearing find probable cause that an instructor has violated subsection (2) of this rule section, disciplinary proceedings shall be conducted pursuant to chapter 120, F.S.

(6) Action taken by the Criminal Justice Standards and Training Commission, against an officer's certification, pursuant to subsection 11B-27.005(9), F.A.C., shall also be applicable against an officer's instructor certification.

(7) Notwithstanding subsection 11B-20.001(4), F.A.C., if an instructor's certification is revoked, or is voluntarily relinquished, or the instructor has been adjudicated or found to be guilty of an offense, or has plead nolo contendere to any offense set forth in paragraphs 11B-20.0012(2)(a) -(f), F.A.C., the instructor shall not instruct Commission-approved Basic Recruit Training Program Courses, Advanced Training Program Courses, or Specialized Training Program Courses.

(8) The Criminal Justice Standards and Training Commission sets forth in subsections (1), (2) of this rule section, a range of disciplinary guidelines from which disciplinary penalties shall be imposed upon certified instructors who have been found by the Commission to have violated subsection 11B-20.0012(2), F.A.C.

(a) For the perpetration by the instructor of an act that would constitute any violation of paragraphs 11B-20.0012(2)(a) -(f), F.A.C., the Commission shall impose one or more of the following penalties:

1. Revocation of certification.

2. Suspension of certification for a period not to exceed two years.

3. Placement on a probationary status for a period not to exceed two years. Upon the violation of such terms and conditions, the Commission is authorized to revoke certification or impose additional penalties as enumerated in this subsection.

4. Successful completion by the instructor of any basic recruit, advanced, or career development training or such retraining required by the Commission.

5. Issuance of a reprimand.

(b) For the perpetration by the instructor of an act or acts that would constitute a violation of paragraph 11B-20.0012(2)(g), F.A.C., the Commission shall impose a penalty consistent with subsections 11B-27.005(4) -(7), F.A.C., for an act or acts establishing a "lack of good moral character' defined in subsection 11B-27.0011(4), F.A.C.

Notes

Fla. Admin. Code Ann. R. 11B-20.0012

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

New 10-26-88, Amended 1-2-97, 7-7-99, 7-29-01, 11-5-02, 11-30-04, 3-21-07, 6-9-08, 5-29-14, Amended by Florida Register Volume 44, Number 148, July 31, 2018 effective 8/15/2018.

New 10-26-88, Amended 1-2-97, 7-7-99, 7-29-01, 11-5-02, 11-30-04, 3-21-07, 6-9-08, 5-29-14, 8-15-18.