Clarifies the assignment and retake eligibility requirements. Deletes redundant rule language because the retired Traditional Law Enforcement basic recruit training program and cross-over training programs are listed in Rule 11B-35.002(1), F.A.C. ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NO.: RULE TITLE:

11B-30.0062State Officer Certification Examination Assignment and Retake Eligibility Requirements

PURPOSE AND EFFECT: Clarifies the assignment and retake eligibility requirements.

Deletes redundant rule language because the retired Traditional Law Enforcement basic recruit training program and cross-over training programs are listed in subsection 11B-35.002(1), F.A.C.

Deletes redundant rule language because the active Traditional Correctional Basic Recruit Training Program and retired cross-over training programs are listed in subsection 11B-35.002(1), F.A.C.

Deletes redundant rule language because the retired Traditional Correctional Probation Basic Recruit Training Program and cross-over training programs are listed in subsection 11B-35.002(1), F.A.C.

Deletes redundant rule language because the retired CMS Application-Based Law Enforcement Basic Recruit Training program and cross-over training programs are listed in subsection 11B-35.002(1), F.A.C.

Deletes redundant rule language because the new Florida CMS Correctional Basic Recruit Training Program is listed in subsection 11B-35.002(1), F.A.C.

Deletes redundant rule language because the retired Florida CMS Basic Recruit Training program and cross-over training programs are listed in subsection 11B-35.002(1), F.A.C.

Deletes redundant rule language because the Florida Correctional Probation Basic Recruit Training Program and cross-over training programs are listed in subsection 11B-35.002(1), F.A.C.

Deletes redundant rule language regarding examinations required for inactive Florida officers that are listed in Rule 11B-35.002, subsection 11B-27.00212(12)(a), and Rule 11B-35.009, F.A.C.

Updates the paragraph number in subsection 11B-30.0062(3), F.A.C.

SUMMARY: Clarifies the examination assignment and retake eligibility requirements and deletes retired and non-retired basic recruit training programs redundant to subsection 11B-35.002(1), F.A.C.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The proposed rule is not expected to exceed any of the criteria set forth in Section 120.541(2)(a), F.S., and thus, a legislative ratification is not required under Section 120.541(3), F.S. This determination is based upon the nature of the subject matter of the proposed amendment. Other rules incorporating this rule: None. Effect on those other rules: None.

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.

RULEMAKING AUTHORITY: 943.03(4), 943.12(1) FS.

LAW IMPLEMENTED: 943.12(17), 943.13(10), 943.1397 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):

DATE AND TIME: January 22, 2013, 1:00 p.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 [phone], or [e-mail], or write to Florida Department of Law Enforcement, Criminal Justice Professionalism Program, 2331 Phillips Road, Tallahassee, Florida 32308. 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 at [phone], or [e-mail], or write to Florida Department of Law Enforcement, Criminal Justice Professionalism Program, 2331 Phillips Road, Tallahassee, Florida 32308

THE FULL TEXT OF THE PROPOSED RULE IS:

11B-30.0062 State Officer Certification Examination Assignment and Retake Eligibility Requirements.

(1) Individuals who have successfully completed a Commission-approved Basic Recruit Training Program or are exempt from a Basic Recruit Training Program, pursuant to subsection 11B-30.006(2), F.A.C., shall be allowed to apply for and take the applicable Paper and Pencil or Computer-Based State Officer Certification Examination (SOCE) corresponding to the type of training, and specific to the specific law enforcement, correctional, or correctional probation discipline and curriculum for which training was completed or exempted. Individuals completing a Basic Recruit Training Program shall pass the SOCE within four years of the beginning date of training pursuant to subsection 11B-27.002(4), F.A.C. Individuals exempt from a Basic Recruit Training Program shall pass the SOCE within one year of receiving the exemption pursuant to Section 943.131, F.S.

(a) Individuals completing the following Traditional Law Enforcement Basic Recruit Training Programs (BRTP) pursuant to subsection 11B-35.002(1), F.A.C., shall take the Traditional Law Enforcement SOCE:

Traditional Law Enforcement Basic Recruit Training Programs	Program Number	Status: Retired (R) Effective (E)
1. Traditional Law Enforcement BRTP	002	R-6/30/04
2. Traditional Correctional Cross-Over to Traditional Law Enforcement BRTP	222	R-3/31/05
3. Traditional Correctional Probation Cross-Over to Traditional Law Enforcement BRTP	223	R-3/31/06

(b) Individuals completing the following Traditional Correctional Basic Recruit Training Programs, pursuant to subsection 11B-35.002(1), F.A.C., shall take the Traditional Correctional SOCE:

Traditional Correctional Basic Recruit Training Programs	Program Number	Status: Retired (R) Effective (E)
1. Traditional Correctional BRTP	502	E-4/1/08
2. Traditional Law Enforcement Cross-Over to Traditional Correctional BRTP	555	R-3/31/06
3. Traditional Correctional Probation Cross-Over to Traditional Correctional BRTP	556	R-3/31/08
4. CMS Application-Based Law Enforcement Cross-Over to Traditional Correctional BRTP	1155	R-3/31/08

(c) Individuals completing the following Traditional Correctional Probation Basic Recruit Training Programs, pursuant to subsection 11B-35.002(1), F.A.C., shall take the Traditional Correctional Probation SOCE:

Traditional Correctional Probation Basic Recruit Training Programs	Program Number	Status: Retired (R) Effective (E)
1. Traditional Correctional Probation BRTP	602	R-8/31/07
2. Traditional Law Enforcement Cross-Over to Traditional Correctional Probation BRTP	660	R-3/31/06
3. Traditional Correctional Cross-Over to Traditional Correctional Probation BRTP	667	R-3/31/08
4. CMS Application-Based Law Enforcement Cross-Over to Traditional Correctional Probation BRTP	1156	R-3/31/08

(d) Individuals completing the following CMS Application-Based Law Enforcement Basic Recruit Training Programs, pursuant to subsection 11B-35.002(1), F.A.C., shall take the CMS Law Enforcement SOCE:

CMS Application-Based Law Enforcement Basic Recruit Training Programs	Program Number	Status: Retired (R) Effective (E)
1. CMS Application-Based Law Enforcement BRTP	224	R-3/31/08
2. Traditional Correctional Cross-Over to CMS Application-Based Law Enforcement BRTP	1143	R-3/31/08
3. Traditional Correctional Probation Cross-Over to CMS Application-Based Law Enforcement BRTP	1157	R-3/31/08

(e) Individuals completing the following Florida CMS Correctional Basic Recruit Training Program(s), pursuant to subsection 11B-35.002(1), F.A.C., shall take the Florida CMS Correctional SOCE:

Florida CMS Correctional Basic Recruit Training Programs	Program Number	Status: Retired (R) Effective (E)
1. Florida CMS Correctional BRTP	TBD	E-7/1/12

(f) Individuals completing the following Florida CMS Law Enforcement Basic Recruit Training Programs, pursuant to subsection 11B-35.002(1), F.A.C., shall take the Florida CMS Law Enforcement SOCE:

Florida CMS Law Enforcement Basic Recruit Training Programs	Program Number	Status: Retired (R) Effective (E)
1. Florida CMS Law Enforcement BRTP	1177	E-4/1/08
2. Correctional Officer Cross-Over Training to Florida CMS Law Enforcement BRTP	1178	E-4/1/08
3. Correctional Probation Officer Cross-Over Training to Florida CMS Law Enforcement BRTP	1179	E-4/1/08

(g) Individuals completing the following Florida Correctional Probation Basic Recruit Training Programs, pursuant to subsection 11B-35.002(1), F.A.C., shall complete the Florida Correctional Probation SOCE:

Florida Correctional Probation Basic Recruit Training Programs	Program Number	Status: Retired (R) Effective (E)
1. Florida Correctional Probation BRTP	1176	E-9/1/07
2. Correctional Officer Cross-Over Training to Florida Correctional Probation BRTP	1183	E-4/1/08
3. Law Enforcement Officer Cross-Over Training to Florida Correctional Probation BRTP	1184	E-4/1/08

(2) Inactive Florida officers, defined in Section 943.1395(3), F.S., and out-of-state, military, and federal officers, who comply with paragraph 11B-27.00212(12)(a) and Rule 11B-35.009, F.A.C., within one year of notification of approval of the Equivalency-of-Training form CJSTC-76 shall take the following SOCE:

Discipline	Required SOCE Test for Individuals Notified Prior To July 1, 2008	Required SOCE Test for Individuals Notified on or after July 1, 2008
Law Enforcement	CMS Application-Based Law Enforcement BRTP	Florida CMS Law Enforcement
Correctional Probation	Traditional Correctional Probation BRTP	Florida Correctional Probation
Correctional	Traditional Correctional BRTP	Traditional Correctional

(2)(3) Should an individual fail to achieve an overall passing score on the SOCE, the individual shall be permitted two opportunities to reapply and retake the examination.

Rulemaking Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12(17), 943.13(10), 943.1397 FS. History - New, 7-29-01, Amended 11-5-02, 11-30-04, 6-9-08, 5-21-12,_________.