11B-30.006(1): Incorporates the revised Training Report, form CJSTC-67, and changes the subsection reference because of the renumbering of Rule 11B-35.001(6)-(15). 11B-30.006(2)(b)-(c): Revises the Exemption-From-Training form CJSTC-76 and ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NOS.:RULE TITLES:

11B-30.006State Officer Certification Examination General Eligibility Requirements

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

PURPOSE AND EFFECT: Subsection 11B-30.006(1), F.A.C.: Incorporates the revised Training Report, form CJSTC-67, and changes the subsection reference because of the renumbering of subsections 11B-35.001(6)-(15), F.A.C.

Paragraphs 11B-30.006(2)(b)-(c): Revises the Exemption-From-Training form CJSTC-76 and changes the form name to mirror the language in statute.

Rule 11B-30.012: Clarifies the intent of Rule 11B-30.012, F.A.C., by renaming the title from “Post Review of Examination Questions, Answers, Papers, Grades, and Grading Key” to “Post Examination Review of Missed Questions, Answers, and Grading Key”.

Paragraphs 11B-30.012(1)-(6), F.A.C.: Implements the new Computer-based State Officer Certification Examination to increase the service level to citizens and allows the review to be equally available regardless of location.

SUMMARY: Revises the Training Report, form CJSTC-67; changes the name of the Exemption-From-Training form CJSTC-76 to mirror language in statute; renames the title of Rule 11B-30.012, F.A.C., to Post Examination Review of Missed Questions, Answers, and Grading Key to clarify the intent of the rule; and revises the procedures for post-examination review of missed questions, answers, and grading key to implement the new Computer-based State Officer Certification Examination.

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.

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), 943.131(2), 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: Wednesday, May 13, 2015, 10:00 a.m.

PLACE: Florida Department of Law Enforcement, Criminal Justice Professionalism, 2331 Phillips Road, Criminal Justice Professionalism Conference Room B1055, 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], [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], [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) For the purposes of this rule chapter, the terms “successfully completed” and “successfully complete” are defined as being denoted with a “Pass,” pursuant to subsection 11B-35.001(8)(9), F.A.C., on the completed Training Report, form CJSTC-67, revised ____, effective ______ November 8, 2007, hereby incorporated by reference _____. Form CJSTC-67 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/Content/CJST/Publications/Professionalism-Program-Forms.aspx, or by contacting Commission staff at [phone].

(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), F.A.C., and Rule 11B-35.009, F.A.C., shall pass the SOCE within one year of notification of approval of the Exemption-From-Equivalency-of-Training, form CJSTC-76, revised ____, effective _____, November 7, 2013, effective 5/2014, incorporated by reference _____. Form CJSTC-76 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/Content/CJST/Publications/Professionalism-Program-Forms.aspx, or by contacting Commission staff at [phone].

(c) Out-of-state, military, and federal law enforcement, correctional, and correctional probation officers who comply with Rule 11B-35.009, F.A.C., shall pass the SOCE within one year of notification of approval of the Exemption-From-Equivalency-of-Training form CJSTC-76. 

Rulemaking 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, ___________. 

 

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

(1) Individuals who have failed the Paper and Pencil or Computer-Based State Officer Certification Examination (SOCE) shall have the right to review their missed examination questions items and corresponding grading key at a post-examination review. The post-examination review shall be scheduled and conducted by Commission staff or their authorized agent. Individuals reviewing a computer-based SOCE shall schedule their review via the Commission’s test administration vendor. Individuals reviewing a paper-and-pencil SOCE shall schedule their review by submitting a State Officer Certification Examination Grade Review Request, form CJSTC-510, revised November 8, 2007, hereby incorporated by reference, and shall be received by the Florida Department of Law Enforcement by the established deadline date for the Examination Review Session requested.  Form CJSTC-510 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/Content/CJST/

Publications/Professionalism-Program-Forms.aspx, or by contacting Commission staff at [phone].

(2) The SOCE post-examination grade reviews shall be conducted in the presence of Commission staff or the Commission’s authorized agents. All paper-and-pencil SOCE reviews shall be held at a regularly scheduled monthly post-examination review sessions Examination Review Session conducted at the Florida Department of Law Enforcement, Criminal Justice Professionalism Program. The SOCE paper-and-pencil post-examination review grade review schedule is produced annually and is available on at Commission-certified training schools, the Florida Department of Law Enforcement’s (FDLE) website at http://www.fdle.state.fl.us, or from FDLE, Criminal Justice Professionalism Program, Post Office Box 1489, Tallahassee, Florida 32302, Attention SOCE Section.

(3) Individuals shall review their SOCE grades within 120 calendar days of the individual’s SOCE date. Individuals who fail to attend a post-examination grade review session within 120 days of their SOCE shall not be allowed to file a challenge questions on the SOCE, but shall be allowed to review their missed questions, their chosen answer, and the correct answer the SOCE results. Participants in the post-examination review session Examination Review Session shall be permitted to review only one examination during for each session and shall only review each examination once. Individuals shall not be permitted to review their SOCE after the expiration of their examination eligibility pursuant to Rule 11B-30.006, F.A.C.

(a) Individuals reviewing a paper-and-pencil SOCE requesting a grade review shall be provided with the SOCE test results and the State Officer Certification Examination Review, form CJSTC-511, revised November 8, 2007, hereby incorporated by reference. Form CJSTC-511 can be obtained at the following FDLE Internet address:  http://www.fdle.state.fl.us/Content/CJST/Publications/Professionalism-Program-Forms.aspx, or by contacting Commission staff at [phone]. Form CJSTC-511 shall be signed by the individual requesting the review at the conclusion of a post-examination review session an Examination Review Session. Only individuals scheduled for the Examination Review Session shall be present during an Examination Review Session.

(b) All individuals at a post-examination review session an Examination Review Session shall acknowledge receipt of these rules and affirm to abide by all such rules in writing for the paper-and-pencil SOCE or electronically for the computer-based SOCE.

(4)(3) Individuals shall be prohibited from bringing materials into or removing materials from a post-examination review session an Examination Review Session.

(5)(4) The provisions and sanctions of Rule 11B-30.009, F.A.C., shall apply to individuals in a post-examination review session an Examination Review Session, and any individual who violates the standards in Rule 11B-30.009, F.A.C., shall be dismissed from the review session Examination Review Session.

(6)(5) Individuals submitting challenges to questions participating in an examination review session shall be notified in writing, within thirty working days of the post-examination review session examination review date, of the results of the Commission’s response to the challenges submitted during the post-examination review session evaluation of the individual’s concerns reported during the Examination Review Session.

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, _______.

 

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 10, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 21, 2014