Paragraph 11B-30.006(2)(b), F.A.C.: Incorporates the revised Exemption-From-Training, form CJSTC-76, to change the discipline field name to “Florida Correctional Probation Officer Training Academy” and revise the deficiency topics. Subsection 11B-...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NOS.:RULE TITLES:

11B-30.006State Officer Certification Examination General Eligibility Requirements

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

11B-30.007Application for the State Officer Certification Examination and Notification Process

11B-30.0071Examination Accommodations for Applicants with Disabilities

11B-30.008State Officer Certification Examination Site Administration

11B-30.009Applicant Conduct at Test Site and Notice of Protection of Program Privileges

11B-30.011Examination Scoring and Grade Notification

11B-30.012Post Examination Review of Missed Questions, Answers, and Grading Key

11B-30.013Challenge to Examination Results; Right of Hearing

PURPOSE AND EFFECT: Paragraph 11B-30.006(2)(b), F.A.C.: Incorporates the revised Exemption-From-Training, form CJSTC-76, to change the discipline field name to “Florida Correctional Probation Officer Training Academy” and revise the deficiency topics.

Subsection 11B-30.0062(1), F.A.C.: Removes the rule text relating to “paper and pencil or computer-based” examination, as the paper and pencil option is no longer offered because only computer-based testing is available.

Subsection 11B-30.007(1), F.A.C.: Updates the FDLE website link for applicants to access, complete, and submit an online application to take the State Officer Certification Examination (SOCE).

Subsection 11B-30.0071(1), F.A.C.: Updates the FDLE website link for applicants to access the “Request for Test Accommodations for Examinees with Disabilities,” document.

Paragraphs 11B-30.0071(2)-(3), F.A.C.: Removes the rule text relating to paper and pencil or computer-based examination because the paper and pencil option is no longer offered; and updates the forms website link.

Paragraphs 11B-30.0071(3)(a)-(b), F.A.C.: Removes the rule text relating to paper and pencil or computer-based examination because the paper and pencil option is no longer offered; and provides clarification to define approved flexible time limits for testing accommodations.

Paragraphs 11B-30.0071(3)(c)-(d), F.A.C.: Deletes the rule text relating to paper and pencil examination because this option is no longer offered.

Subsection 11B-30.0071(4), F.A.C.: Removes the rule text relating to paper and pencil or computer-based examination because the paper and pencil option is no longer offered.

Subsection 11B-30.0071(6), F.A.C.: Removes the rule text relating to paper and pencil or computer-based examination because the paper and pencil option is no longer offered.

Subsection 11B-30.008(1), F.A.C.: Removes the specific reference to computer-based examination because the paper and pencil option is no longer offered.

Paragraph 11B-30.008(1)(a), F.A.C.: Makes a grammatical change.

Paragraphs 11B-30.008(2)-(3), F.A.C.: Deletes Rule 11B-30.008(2)-(3), F.A.C., because the rule sections provide paper and pencil examination instructions, which are no longer required because administration of the paper and pencil examination is no longer offered.

Subsection 11B-30.009(1), F.A.C.: Removes the rule text relating to paper and pencil or computer-based examination because the paper and pencil option is no longer offered.

Paragraph 11B-30.009(4)(b), F.A.C.: Removes the rule text relating to paper and pencil or computer-based examination because the paper and pencil option is no longer offered.

Rule 11B-30.011, F.A.C.: Removes the rule text relating to paper and pencil or computer-based examination scoring and grade notification because the paper and pencil option is no longer offered.

Subsection 11B-30.012(6), F.A.C.: Clarifies and adds rule text to explain that challenges will not be processed if an individual retakes and passes the examination before their submitted challenges are processed.

Rule 11B-30.013, F.A.C.: Removes the rule text relating to paper and pencil or computer-based examination because the paper and pencil option is no longer offered.

SUMMARY: Revised Exemption-From-Training, form CJSTC-76; procedures related to examination challenges and “paper and pencil or computer-based” examinations; and updated website links.

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 Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes.

OTHER RULES INCORPORATING THIS RULE: N/A. EFFECT ON THOSE OTHER RULES: N/A. 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.

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), (17), 943.173(3) FS.

LAW IMPLEMENTED: 120, 943.12(17), 943.13(7), (10), 943.131(2), 943.1397, 943.1397(1), (3), 943.173 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: Wednesday, May 10, 2017, 10:00 a.m.

PLACE: Florida Department of Law Enforcement, Criminal Justice Professionalism, 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: Joyce Gainous-Harris at [phone], or [e-mail], or write to Florida Department of Law Enforcement, Criminal Justice Professionalism, 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: Joyce Gainous-Harris at [phone], or [e-mail], or write to Florida Department of Law Enforcement, Criminal Justice Professionalism, 2331 Phillips Road, Tallahassee, Florida 32308.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

11B-30.006 State Officer Certification Examination General Eligibility Requirements.

(1) No change.

(2) The following individuals are eligible to take the State Officer Certification Examination (SOCE) for the requested criminal justice discipline: 

(a) No change.

(b) Inactive Florida law enforcement, correctional, and correctional probation officers, defined in Section 943.1395(3), F.S., who comply with paragraph 11B-27.00212(12)(a), and Rule 11B-35.009, F.A.C., shall pass the SOCE within one year of notification of approval of the Exemption-From-Training, form CJSTC-76, revised August 4, 2016, November 5, 2015, effective ___ 9/2016, incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-07381.  Form CJSTC-76 can be obtained at the following FDLE Internet address:  http://www.fdle.state.fl.us/cms/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at [phone].

(c) No change.

Rulemaking Authority 943.03(4), 943.12(1) FS.  Law Implemented 943.12(17), 943.131(2), 943.1397 FS.  History– New 1-10-94, Amended 8-7-94, 1-2-97, 7-7-99, 8-22-00, 7-29-01, 11-5-02, 11-30-04, 3-27-06, 3-21-07, 6-9-08, 6-3-10, 5-21-12, 5-29-14, 7-29-15, 9-4-16, ___.

 

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 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.

(2) No change. 

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, 3-13-13,               . 

 

11B-30.007 Application for the State Officer Certification Examination and Notification Process.

(1) Application to take the State Officer Certification Examination (SOCE) shall be made by submitting an application online per the instructions available on the following FDLE website, http://www.fdle.state.fl.us/cms/CJSTC/Officer-Requirements/How-to-Become-an-Officer.aspx http://www.fdle.state.fl.us/Content/certification-exam.aspx.  All applications shall be accompanied by payment of the $100 examination fee using a credit card or debit card:

(2) No change.

Rulemaking Authority 943.03(4), 943.12(1) FS.  Law Implemented 943.12(17), 943.1397(3) FS.  History–New 1-10-94, Amended 1-2-97, 7-7-99, 7-29-01, 11-5-02, 11-30-04, 3-21-07, 6-9-08, 9-28-09, 5-21-12, 5-29-14,_____.

 

11B-30.0071 Examination Accommodations for Applicants with Disabilities.

(1) In compliance with the Americans with Disabilities Act (ADA) of 1990, the Department shall provide reasonable and appropriate accommodations to individuals with physical, mental, or specific learning disabilities to the extent such accommodations do not create an undue cost, administration restraints, security considerations, and availability of resources. Accommodations made will vary depending upon the nature and the severity of the disability. Each case shall be dealt with on an individual basis with the limits prescribed herein. Reference information and guidelines regarding the process for documenting disabilities are contained in the “Request for Test Accommodations for Examinees with Disabilities,” document, which may be obtained via the following web address: http://www.fdle.state.fl.us/cms/CJSTC/Documents/Exam/SpecialAccommodationsManual-1.aspx  http://www.fdle.state.fl.us/cjst/exam/SpecialAccommodationsManual.pdf or by writing to the Florida Department of Law Enforcement, Criminal Justice Professionalism Program, Certification Examination Section, Post Office Box 1489, Tallahassee, Florida 32302-1489, Attention: ADA Coordinator, or by calling (Voice): [phone], (TDD): [phone].

(2) An applicant requesting special accommodations shall submit an Application for Individuals Requesting Special Test Accommodations, form CJSTC-502, revised November 8, 2007, hereby incorporated by reference., which shall be submitted forty-five calendar days prior to the requested examination date for the Paper and Pencil State Officer Certification Examination (P&P-SOCE). For the Computer-Based State Officer Certification Examination (CB-SOCE), Commission staff shall notify the applicant of the approval or denial of accommodations within forty-five calendar days of receipt of form CJSTC-502. Form CJSTC-502 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/cms/CJSTC/Publications/Forms.aspx http://www.fdle.state.fl.us/Content/CJST/Publications/Professionalism-Program-Forms.aspx, or by contacting Commission staff at [phone]. The individual shall provide documentation of the disability by an appropriate professional, pursuant to paragraph (7)(e) of this rule section, when the disability and the requested accommodations are not obvious. Form CJSTC-502 may be obtained by writing to the Florida Department of Law Enforcement, Criminal Justice Professionalism Program, Certification Examination Section, Post Office Box 1489, Tallahassee, Florida 32302-1489, Attention: ADA Coordinator, or by calling (Voice): [phone], (TDD): [phone].

(3) Accommodations to take the P&P-SOCE or CB-SOCE shall be provided for qualifying individuals pursuant to (2) of this rule section. All accommodations shall be directly linked to the amelioration of the identified functional limitations caused by the asserted disability and must be reasonable and effective. Permissible accommodations include:

(a) Flexible Time. Individuals requiring extra time to take the P&P-SOCE or CB-SOCE shall submit a recommendation of such from an appropriate professional, pursuant to paragraph (7)(e) of this rule section. Approved accommodations for extra time shall be limited to one and a half times the regularly allowed time to complete the examination. Untimed certification examinations shall not be provided.

(b) Flexible Setting. Individual and small group settings for administration of the P&P-SOCE shall be made available to individuals when such a service is recommended by an appropriate professional, however, and the CB-SOCE flexible settings are subject to test site capabilities.

(c) Flexible Format.  The test booklet may be produced in large print for the P&P-SOCE.

(d) Assistive Devices. Upon approval by Commission staff and based on documented need, the individual shall be allowed to use lights and magnifiers for the P&P-SOCE.

(4) Accommodations that are not permissible. A reader shall not be allowed for applicants taking the for the P&P-SOCE or CB-SOCE or Basic Abilities Test (BAT). These examinations utilize diagrams, tables, or statutory reference materials to measure an applicant’s ability to apply these professional tools to solve problems and answer questions.

(5) No change.

(6) In no case shall any modifications authorized herein be interpreted or construed as an authorization to provide an individual with assistance in determining the answer to any test item. No accommodation or modification shall be made that adversely affects the integrity of the P&P-SOCE or CB-SOCE.

(7) No change.

Rulemaking Authority 943.03(4), 943.12(1), 943.1397 FS.  Law Implemented 943.12(17), 943.1397 FS.  History–New 7-29-01, Amended 11-5-02, 11-30-04, 3-21-07, 6-9-08, 5-21-12, _____.

 

11B-30.008 State Officer Certification Examination Site Administration.

(1) Administration of the Computer-Based State Officer Certification Examination (CB-SOCE) shall be limited to test sites authorized by the Commission and located within the State of Florida.  To be eligible to administer the CB-SOCE, a test site must be:

(a) A test center exclusively dedicated to the administration of academic and/or professional certification or licensure examinations and operated or contracted by a Commission-approved criminal Justice training center or its parent organization; or

(b) A computer lab located at a Commission-approved criminal justice training school.

(2) Examination administrators and proctors are responsible for maintaining secure and proper administration of the Paper and Pencil State Officer Certification Examination (P&P-SOCE).  During the administration of the SOCE, applicants shall follow the instructions of the examination administrator and proctors, and shall only be permitted to ask questions of the examination administrator relating to the test administration instructions.

(3) An applicant who has been scheduled to take the P&P-SOCE shall arrive at the scheduled examination site on the designated date and time, and shall present a valid photo identification.  Each time an applicant takes the examination, the applicant shall present a valid driver’s license, state identification card issued by the Florida Department of Highway and Safety Motor Vehicles, a valid military identification, or a State of Florida agency identification card.  The identification shall contain the applicant’s first and last name, which shall correspond with the name on the examination roster. 

Rulemaking Authority 943.03(4), 943.12(1), (17) FS.  Law Implemented 943.12(17), 943.131(2) FS.  History–New 1-10-94, Amended 8-7-94, 1-2-97, 7-7-99, 8-22-00, 7-29-01, 11-5-02, 11-30-04, 3-21-07, 6-9-08, 5-21-12, 5-29-14, ____. 

 

11B-30.009 Applicant Conduct at Test Site and Notice of Protection of Program Privileges. 

Any violation of the provisions of this subsection shall be documented in writing to the Program Director of the Criminal Justice Professionalism Program. 

(1) The applicant shall not engage in conduct that subverts or attempts to subvert the Paper and Pencil or Computer-Based State Officer Certification Examination (SOCE) process.  An applicant engaging in conduct intended to subvert the SOCE process shall be dismissed from the SOCE administration.  Conduct that subverts or attempts to subvert the SOCE process includes: 

(a) through (m) No change.

(2) through (3) No change.

(4) The applicant shall not engage in conduct that violates the standards of the SOCE Administration.  An applicant has violated the standards of the SOCE administration by:

(a) No change.

(b) Possession of anything other than the personal identification and pencils at the test site for the P&P-SOCE.  Possession of anything other than personal identification for the Computer-Based SOCE (CB-SOCE).

(5) through (6) No change.

Rulemaking Authority 943.03(4), 943.12(1), (17), 943.173(3) FS.  Law Implemented 943.12(17), 943.13(7), 943.1397(1), (3), 943.173 FS. History–New 1-10-94, Amended 1-2-97, 7-7-99, 7-29-01, 11-5-02, 11-30-04, 3-27-06, 3-21-07, 5-21-12, ____.

 

11B-30.011 Examination Scoring and Grade Notification. 

Individuals who graduate from a Commission-approved Basic Recruit Training Program shall be required to achieve a passing score on the State Officer Certification Examination (SOCE) with an overall scale score equal to or higher than the established cut-off score.  Official examination results shall only be stored in, and retrieved from, the Commission’s Automated Training Management System (ATMS). For the Paper and Pencil State Officer Certification Examination (P&P-SOCE), Commission staff shall provide the applicant, within thirty days of the test date, with an unofficial grade notification to be used for the applicant’s records only.  For the Computer-Based State Officer Certification Examination (CB-SOCE) Tthe applicant shall receive an unofficial grade notification at the conclusion of the examination. 

Rulemaking Authority 943.03(4), 943.12(1), (17) FS.  Law Implemented 943.12(17), 943.1397(1) FS.  History-New 1-10-94, Amended 1-2-97, 7-7-99, 7-29-01, 11-5-02, 11-30-04, 3-27-06, 3-21-07, 5-21-12, 5-29-14, _____. 

 

11B-30.012 Post Examination Review of Missed Questions, Answers, and Grading Key.

(1) through (5) No change.

(6) Individuals submitting challenges to questions shall be notified in writing, within thirty working days of the post-examination review session of the Commission’s response to the challenges submitted during the post-examination review session. Submitted challenges shall not be processed should an individual retake and pass the examination before receiving the Commission’s response to the challenges submitted.

Rulemaking Authority 943.03(4), 943.12(1), (17) FS.  Law Implemented 943.12(17), 943.173 FS.  History–New 1-10-94, Amended 1-2-97, 7-7-99, 8-22-00, 7-29-01, 11-5-02, 11-30-04, 3-27-06, 3-21-07, 6-9-08, 5-21-12, 5-29-14, 7-29-15, 9-4-16, _____. 

 

11B-30.013 Challenge to Examination Results; Right of Hearing.  Should the Commission deny an individual’s Paper and Pencil or Computer-Based State Officer Certification Examination (SOCE) grade review challenge, the Commission shall notify the individual by submitting a statement denying the challenge. The statement shall specify the basis for the Commission’s denial and shall be forwarded to the individual. The individual shall be entitled to a hearing pursuant to the Administrative Procedures Act set forth in Chapter 120, F.S., and the Uniform Rules of Procedure, Rule Chapter 28, F.A.C.

Rulemaking Authority 943.03(4), 943.12(1), (17) FS.  Law Implemented 120, 943.12(17) FS. History-New 1-10-94, Amended 1-2-97, 7-7-99, 8-22-00, 7-29-01, 5-21-12, _____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Bureau Chief Glen Hopkins

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 14, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 31, 2016