Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11B - Criminal Justice Standards and Training Commission › Chapter 11B-20 - CERTIFICATION OF CRIMINAL JUSTICE TRAINING INSTRUCTORS › Section 11B-20.0012 - Denial and Discipline of Instructor Certification

Current through Reg. 50, No. 138; July 16, 2024
(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.