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

(3) – (4) No change.

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

(6) - (7) No change.

(8) The Criminal Justice Standards and Training Commission sets forth in subsections (1) and (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)-(e), 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)(f), 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.

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, 3-21-07,.  

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.  The Commission offers the following categories of certification to instructor applicants Instructor applicants who request to be certified by the Commission may request certification in the following categories of certification:

(1) Traditional General Instructor Certification.

(2) CMS General Instructor Certification.

(2)(3) High-Liability Instructor Certifications.

(a) Traditional Vehicle Operations Instructor Certification.

(b) CMS Vehicle Operations Instructor Certification.

(b)(c) Traditional Firearms Instructor Certification.

(d) CMS Firearms Instructor Certification.

(c)(e) Traditional Defensive Tactics Instructor Certification.

(f) CMS Defensive Tactics Instructor Certification.

(g) Traditional First Responder Instructor Certification.

(d)(h) First CMS First Aid Instructor Certification.

(3)(4) Specialized Topics Instructor Certifications.

(a) Law Topics Instructor Certification.

(b) Speed Measurement Instructor Certification Certifications.

1. Radar Instructor Certification.

2. Laser and Radar Instructor Certification.

(c) Canine Team Instructor Certification.

(d) Breath Test Instructor Certification.

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