11B-30.006: To update the Department’s web address. 11B-30.007: To update the State Officer Certification Examination (SOCE) web site. To allow a debit card to be used to pay for the SOCE. To clarify that rescheduling of the SOCE does not ...

 

DEPARTMENT OF LAW ENFORCEMENT
Criminal Justice Standards and Training Commission

RULE NO: RULE TITLE
11B-30.006: State Officer Certification Examination General Eligibility Requirements
11B-30.007: Application for the State Officer Certification Examination and Notification Process
11B-30.0071: Examination Accommodations for Applicants with Disabilities
11B-30.008: State Officer Certification Examination Site Administration
11B-30.009: Applicant Conduct at Test Site and Notice of Protection of Program Privileges
11B-30.011: Examination Scoring and Grade Notification
11B-30.012: Post Review of Examination Questions, Answers, Papers, Grades, and Grading Key
PURPOSE AND EFFECT: Rule 11B-30.006, F.AC.: To update the Department’s web address. Rule 11B-30.007, F.AC.: To update the State Officer Certification Examination (SOCE) web site. To allow a debit card to be used to pay for the SOCE. To clarify that rescheduling of the SOCE does not constitute a re-examination. Rule 11B-30.0071, F.AC.: To update the Application for Individuals Request Special Test Accommodations form CJSTC-502 to incorporate rule revisions. To make housekeeping revisions. To allow the test booklet to be produced in large print versus high quality regular print or read aloud. To disallow reading of the SOCE or the Basic Abilities Test. To revise the list of accommodations that are not permissible when taking the SOCE. To revise the definition/example of a person with physical disabilities. Rule 11B-30.008, F.AC.: To remove unnecessary rule language. To add rule language regarding individuals who arrive late to take the SOCE and compliance with Rule 11B-30.007 and 11B-30.009, F.AC.: To require violations to be documented in writing and submitted to the FDLE/CJPP program director. To require dismissal of an applicant from the SOCE test site for engaging in conduct intended to subvert the SOCE process and to list the conduct that subverts the SOCE process. To list the sanctions the Commission shall impose for conduct intended to subvert the SOCE process. To list the conduct that violates the standards of the SOCE test administration. To list sanctions the Commission shall impose for acts that violate the SOCE test administration. To require that an applicant’s existing certification shall be subject to disciplinary action upon violation of the SOCE Test Administration standards. Rule 11B-30.011, F.AC.: To remove redundant language on the Applicant State Officer Certification Examination Overall Test Results form CJSTC-516. Rule 11B-30.012, F.AC.: To clarify the “missed examination items review process” for individuals who have failed the SOCE. To increase the number of days from 45 to 120 for an individual to review their SOCE and to revise the State Officer Certification Examination Grade Review Request form CJSTC-510 accordingly. To allow participants in the examination review session to review the SOCE for each discipline one time. To revise the State Officer Certification Examination Review form CJSTC-511 to include additional document to the review packet contents list.

SUMMARY: Rule 11B-30.006, F.AC.: The Department’s web address. Rule 11B-30.007, F.AC.: SOCE web site, method of payment for taking the SOCE, and SOCE re-examination process. Rule 11B-30.0071, F.AC.: Examination accommodations for applicants with disabilities. Rule 11B-30.008, F.AC.: Test accommodations at the test site. Rule 11B-30.009, F.AC.: Applicant conduct at the test site that is intended to subvert the SOCE and consequences thereof. Rule 11B-30.011, F.AC.: SOCE overall test results form. Rule 11B-30.012, F.A.C.: Examination grade review process and related forms.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: No Statement of Estimated Regulatory Cost was prepared.

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.

SPECIFIC AUTHORITY: 943.03(4), 943.12(1), (17), 943.1397, 943.173(3) FS.
LAW IMPLEMENTED: 943.12(17), 943.13(7), 943.131(2), 943.1397, 943.1397(1), 943.1397(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: January 10, 2007, 10:00 a.m.

PLACE: 2331 Phillips Road, Elevator Conference Room, Quad C, 3rd Floor, 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]. 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 RULES IS: Donna Hunt, Florida Department of Law Enforcement, Criminal Justice Professionalism Program, 2331 Phillips Road, Tallahassee, Florida 32308, [phone]

 

THE FULL TEXT OF THE PROPOSED RULES IS:

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

(1) through (3) No change.

(4) All forms referenced in this rule chapter may be obtained on the following web site: http://www.fdle. state.fl.us/cjst/rules_and_forms/index.html or by contacting the Florida Department of Law Enforcement, Criminal Justice Professionalism Program, Post Office Box 1489, Tallahassee, Florida 32302-1489, Attention: Bureau of Standards, Forms Liaison.

Specific 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,________.

 

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:

(a) No change.

(b) An on-line application electronically, via the internet, at http://www4.fdle.state.fl.us/examregister http://www.fdle. state.fl.us/examregister. All on-line applications shall be accompanied by payment of the $100 examination fee using a credit card or debit card.

(2) through (5) No change.

(6) An applicant who has been scheduled to take the SOCE and is unable to take the certification examination on the date scheduled, shall be given the opportunity to submit a request to reschedule the SOCE within sixty days of the missed examination date. Rescheduling shall be subject to all requirements for eligibility, pursuant to Rule 11B-30.006, F.A.C. An additional application fee shall not be charged. Rescheduling of the SOCE, pursuant to this rule section, does not constitute a re-examination, pursuant to Section 943.1397, F.S. The following conditions shall be documented in the applicant’s request to reschedule the SOCE date:

(a) through (d) No change.

Specific 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,________.

 

11B-30.0071 Examination Accommodations for Applicants with Disabilities.

(1) No change.

(2) An applicant requesting special accommodations shall submit an Application for Individuals Requesting Special Test Accommodations, form CJSTC-502, revised August 3, 2006 May 6, 2004, hereby incorporated by reference, which shall be submitted forty-five days prior to the requested State Officer Certification Examination (SOCE) date. The Application for Officer Certification Examination form CJSTC-500 shall be submitted according to the established deadline date for the requested SOCE. The individual shall provide documentation of the disability by an appropriate professional, pursuant to paragraph (6)(e) of this rule section, when the disability and the requested accommodations are not obvious. Forms CJSTC-500 and 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, FL 32302-1489, Attention: ADA Coordinator, or by calling (Voice) [phone] 8600, (TDD): [phone].

(3) Reasonable and appropriate accommodations to take the SOCE shall be provided for qualifying individuals. 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) through (c) No change.

(d) Flexible Format. The test booklet may be produced in large print, high quality regular print, or read aloud.

(e) No change.

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

(5) through (6) No change.

(7) Definition of Terms.

(a) through (b) No change.

(c) A person with a physical disability means any person who has a permanent or temporary physical or psychomotor disability. Examples, pursuant to this rule section, include of such a disability under this section include those disabilities that require the use of a wheelchair, braces, or crutches. It also includes individuals with a hearing or sight disability, or those who may need special accommodation to move about.

(d) through (e) No change.

Specific 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,________.

 

11B-30.008 State Officer Certification Examination Site Administration.

(1) No change.

(2) An applicant who has been scheduled to take the SOCE shall arrive at the scheduled examination site on the designated date and time, and shall present the following documentation to the examination administrator:

(a) through (b) No change.

(c) SOCE requirements for out-of-state, military, or federal officers or inactive Florida officers. Effective July 1, 2002, out-of-state, military, or federal officers or inactive Florida officers are required, and have one year to demonstrate proficiency in the required High-Liability Basic Recruit Training Courses and achieve a passing score on the applicable SOCE. The officer shall not be required to pass a comprehensive end-of-course examination in the High-Liability Basic Recruit Training Courses. Such officers, pursuant to subsection 11B-35.009(6), F.A.C., who request to take the SOCE, shall submit to Commission staff, form CJSTC-517, as record of completed training and demonstration of proficiency in the required High-Liability Basic Recruit Training Courses. Documentation of completed training is permitted to be submitted prior to the SOCE date pursuant to Rule 11B-30.007, F.A.C., or presented to the examination administrator on the day of testing.

(3) An applicant shall not be admitted to the examination administration site after the door to the examination site is closed. Rescheduling Re-scheduling of the SOCE, pursuant to this rule section, does not constitute a re-examination, pursuant to Section 943.1397, F.S. Individuals arriving late shall comply with Rule 11B-30.007, F.A.C., when rescheduling the SOCE.

(4) No change.

Specific 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,________.

 

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 State Officer Certification Examination (SOCE) process. An applicant engaging in conduct intended to subvert the SOCE process shall be dismissed from the SOCE test administration. Conduct that subverts or attempts to subvert the SOCE process includes:

(b) Reproducing or reconstructing any portion of the SOCE.

(c) Aiding by any means in the reproduction of any portion of the SOCE.

(d) Selling, distributing, buying, receiving, or having unauthorized possession of any portion of a past, current, or future SOCE.

(e) Revealing test questions or other information that would compromise the integrity of the SOCE.

(2) The applicant shall not violate the standards of the SOCE test administration. Violations of test administration include:

(f)(a) Communication with any other applicant during the administration of the SOCE.

(g)(b) Copying answers from another applicant, or intentionally allowing one’s answers to be copied by another applicant during the administration of the SOCE.

(h)(c) Having in one’s possession during the administration of the SOCE, any books, notes, written, or printed materials or data of any kind.

(i)(d) Failing to comply with the SOCE administrator’s instructions with the intent to subvert the SOCE process.

(3) The applicant shall not violate the applicant identification process. Conduct that violates the applicant identification process is as follows:

(j)(a) Falsifying or misrepresenting information required for admission to the SOCE.

(k)(b) Impersonating an applicant.

(l)(c) Having an impersonator take the SOCE on one’s behalf.

(m)(d) Disrupting the test administration.

(4) Any violation of the provisions of subsections 11B-30.009(1)–(3), F.A.C., shall be documented in writing to the Program Director of the Criminal Justice Professionalism Program.

(2) An applicant, who engages in conduct in subsection (1) of this rule section, shall be denied access to take the SOCE until the Commission’s disciplinary process has been completed, pursuant to subsection (3) of this rule section.

(3)(5) When the Commission finds that an applicant has committed an act that violates subsections (1)-(3) of this rule section, the Commission shall impose one or more of the following sanctions:

(a) Declare the applicant has failed the SOCE. Have their SOCE declared invalid;

(b) Require the applicant to forfeit the application fee. Forfeit the application fee;

(c) Declare the applicant Be ineligible to apply to take the SOCE in any discipline for a period of five years pursuant to Section 943.13(7), F.S., regarding good moral character for employment or appointment as an officer.

(d) Deny Be subject to denial of certification by the Commission as a law enforcement, correctional, or correctional probation officer, pursuant to Rule 11B-27.007, F.A.C.;

(e) Be subject to disciplinary action taken against any currently held Commission certification;

(f) Be subject to the imposition of other sanctions by the Commission, pursuant to Section 943.13(7), F.S., and Rule Chapter 11B-27, F.A.C.

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

(a) Failing to comply with the SOCE test administrator’s instructions at the SOCE test site;

(b) Possession of anything other than the Commission-approved Examination Administration Voucher form CJSTC-517, personal identification, and pencils at the SOCE test area.

(5) When an applicant has committed an act that violates subsection (4) of this rule section, the applicant shall be subject to the following sanctions:

(a) Dismiss the applicant from the SOCE test administration; and

(b) Declare the applicant has failed the SOCE and is ineligible to participate in the review process outlined in Rule 11B-30.0012, F.A.C.; and

(c) Require the applicant to forfeit the application fee.

(6) When an applicant holds a Commission certification and has committed an act that violates subsection (1) of this rule section, the applicant’s certification(s) shall be subject to disciplinary action pursuant to Rule 11B-27.0011 and subsection 11B-27.005(5), F.A.C. The Commission shall ensure the security of the test site for the SOCE by prohibiting applicants from signing in to the test area with anything other than the Commission-approved Examination Admission Voucher CJSTC-517 an applicant identification, and pencils. An applicant who is found with items in their possession, other than described herein, shall be in violation of subsections (1)-(3) of this rule section and shall be subject to discipline as described in subsection (5) of this rule section. Violation of this subsection shall be documented as provided in subsection (4) of this rule section.

Specific Authority 943.03(4), 943.12(1), (17), 943.173(3) FS. Law Implemented 943.12(17), 943.13(7), 943.1397(1), 943.1397(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,________.

 

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. Commission staff shall notify the applicant, within thirty days of the test date, on an Applicant State Officer Certification Examination Overall Test Results, form CJSTC-516, revised August 3, 2006 May 5, 2005, hereby incorporated by reference. The SOCE is an entry-level competency examination and therefore examination results are reported as “pass” or “fail” on form CJSTC-516. To protect each examinee’s privacy, only individuals who have taken the SOCE are permitted to obtain their personal numerical score. This score will be available only at a regularly scheduled monthly Examination Review Session held pursuant to subsection 11B-30.012(2), F.A.C.

Specific 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,________.

 

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

(1) Individuals who have failed the State Officer Certification Examination (SOCE) shall have the right to review their missed examination items and corresponding grading key results by submitting a State Officer Certification Examination Grade Review Request, form CJSTC-510, revised August 3, 2006 May 5, 2005, 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. To be eligible to file form CJSTC-510, pursuant to Rule 11B-30.013, F.A.C., the form shall be submitted to Commission staff within forty-five calendar days of the individual’s SOCE date.  Individuals who fail to meet the forty-five day deadline shall not be allowed to file a challenge, but may review the SOCE results.

(2) The SOCE grade reviews shall be conducted in the presence of Commission staff at a regularly scheduled monthly Examination Review Session conducted at the Florida Department of Law Enforcement, Criminal Justice Professionalism Program.  The SOCE grade review schedule is produced annually and is available 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.  Individuals shall be scheduled to review their SOCE grades within 120 forty calendar days of the individual’s SOCE date. Commission staff’s receipt of the completed form CJSTC-510.  Individuals who fail to attend a grade review within 120 days of their SOCE shall not be allowed to file a challenge, but shall be allowed to review the SOCE results.  Participants in the Examination Review Session shall be permitted to review only one examination 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) No change.

(b) Individuals requesting a grade review shall be provided with the SOCE test results and the State Officer Certification Examination Review, form CJSTC-511, revised August 3, 2006 May 5, 2005, hereby incorporated by reference.  Form CJSTC-511 shall be signed by the individual requesting the review at the conclusion of an Examination Review Session.  Only individuals scheduled for the Examination Review Session shall be present during an Examination Review Session.

(c) No change.

(3) No change.

(4) Individuals participating in an examination review session shall be notified in writing, within thirty working days of the examination review date, of the results of the Commission’s evaluation of the individual’s concerns reported during the Examination Review Session on the State Officer Grade Review Request form CJSTC-510.

Specific 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,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Donna Hunt at [phone]

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Vickie Marsey at [phone]

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 30, 2006

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 20, 2006