Subsection 11B-30.006(1), F.A.C.: Updates the rule reference because paragraphs were added to Rule 11B-35.001, F.A.C. Paragraph 11B-30.006(2)(a), F.A.C.: Updates the rule reference because paragraphs were removed from Rule 11B-35.001, F.A.C., and ...

 

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

PURPOSE AND EFFECT: Subsection 11B-30.006(1), F.A.C.: Updates the rule reference because paragraphs were added to Rule 11B-35.001, F.A.C.

Paragraph 11B-30.006(2)(a), F.A.C.: Updates the rule reference because paragraphs were removed from Rule 11B-35.001, F.A.C., and other paragraphs added.

Paragraph 11B-30.006(2)(b), F.A.C.: Incorporates the revised Exemption-From-Training, form CJSTC-76, to add the “Applicant’s Email Address” field as another method of communication with the applicant.

Subsection 11B-30.012(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. Also deletes the rule text relating to reviews of the paper and pencil examination because as of June 2018, students will not be eligible to review a paper and pencil examination. Therefore, reviews of the paper and pencil examination will no longer be offered. Also repeals the State Officer Certification Examination Grade Review Request, form CJSTC-510.

Subsection 11B-30.012(2), F.A.C.: Deletes the rule text relating to reviews of the paper and pencil examination because as of June 2018, students will not be eligible to review a paper and pencil examination. Therefore, reviews of the paper and pencil examination will no longer be offered.

Subsection 11B-30.012(3), F.A.C.: Moves the rule text to subparagraph of Rule 11B-30.012(3)(a), F.A.C., because the original text in this subparagraph will be deleted.

Paragraph 11B-30.012(3)(a), F.A.C.: Deletes the rule text relating to reviews of the paper and pencil exam because as of June 2018, students will not be eligible to review a paper and pencil exam. Therefore, reviews of the paper and pencil examination will no longer be offered. Also, repeals the State Officer Certification Examination Review, form CJSTC-511.

Paragraph 11B-30.012(3)(b), F.A.C.: Deletes the rule text relating to paper and pencil or computer-based examination because the paper and pencil option is no longer offered.

SUMMARY: Updated rule references; deleted rule text relating to paper and pencil or computer-based examination, paper and pencil examination reviews; revised Exemption-From-Training, form CJSTC-76; repealed State Officer Certification Examination Grade Review Request, form CJSTC-510; and repealed State Officer Certification Examination Review, form CJSTC-511.

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), (2), (17) 943.17 FS.

LAW IMPLEMENTED: 943.12, 943.12(17), 943.131(2), 943.1397, 943.17, 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, April 11, 2018, 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: 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: 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(10)(8), F.A.C., on the completed Training Report, form CJSTC-67, revised November 5, 2015, effective 9/2016, hereby incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-07375. Form CJSTC-67 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].

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

(a) Individuals who, within four years of beginning basic recruit training, have successfully completed a Commission-approved Basic Recruit Training Program, pursuant to Rule paragraphs 11B-35.002(1)(a), (b), and (c), F.A.C. 

(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 10, 2017 August 4, 2016, effective               7/2017, hereby incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref___ http://www.flrules.org/Gateway/reference.asp?No=Ref-08444. 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, 7-19-17,               .

 

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

(1) Individuals who have failed the State Officer Certification Examination (SOCE) shall have the right to review their missed examination questions 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. The post-examination review shall be limited to one-half the time regularly allowed for the corresponding SOCE. Individuals reviewing the 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/cms/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at [phone].

(2) The SOCE post-examination 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 regularly scheduled monthly post-examination review sessions conducted at the Florida Department of Law Enforcement, Criminal Justice Professionalism Program.  The SOCE paper-and-pencil post-examination review schedule is produced annually and is available on 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 review session within 120 days of their SOCE shall not be allowed to challenge questions on the SOCE, but shall be allowed to review their missed questions, their chosen answer, and the correct answer.  Participants in the post-examination review session shall be permitted to review only one examination during 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 who fail to attend a post-examination review session within 120 days of their SOCE shall not be allowed to challenge questions on the SOCE, but shall be allowed to review their missed questions, their chosen answer, and the correct answer.  Participants in the post-examination review session shall be permitted to review only one examination during 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. Individuals reviewing a paper-and-pencil SOCE 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/cms/CJSTC/Publications/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.  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 shall acknowledge 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) through (6) No change.

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, 7-19-17,               . 

 

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 7, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 30, 2017