Notice of Proposed Rule

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-30.0062: State Officer Certification Examination and Retake Eligibility Requirements for Individuals Completing a Basic Recruit Training Program
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-30.012: Post Review of Examination Questions, Answers, Papers, Grades, and Grading Key
PURPOSE AND EFFECT: Rule 11B-30.006: Revises form CJSTC-67 to comply with statutory revisions in Section 943.13(5), F.S., for processing an officer’s fingerprints for employment or appointment.

Revised the following forms to comply with the revision of Section 119.071, F.S., regarding procedures for requesting a full social security number on Commission forms: Forms CJSTC-67, CJSTC-76; CJSTC-500; CJSTC-502 incorporated in Rule Sections 11B-30.006, 11B-30.0071, and 11B-30.012, F.A.C.

To comply with Section 943.085, F.S., which requires establishment, implementation and evaluation of criminal justice training for law enforcement, correctional, and correctional probation officers. Rules 11B-30.006 and 11B-30.0071: Forms CJSTC-76 and CJSTC-500 were revised to implement the new Florida CMS Law Enforcement and Florida Correctional Probation Basic Recruit Training Programs.

To comply with Section 120.74, F.S., which requires an agency to revise its rules as often as necessary (no less than every two years) to ensure compliance with Florida Statutes. 11B-30.0062: Revised the rule section name to correspond with the content of the revised rule language. 11B-30.007: Revises to require that an applicant is prohibited from registering for and taking more than one State Officer Certification Examination (SOCE) in a month and adds “traffic crash” to the list of acceptable reasons for an applicant to reschedule the State Officer Certification Examination. 11B-30.0071 and 11B-30.012: To make housekeeping revisions. Removes providing a live reader for during the SOCE, removes flexible recording of an individual’s test responses by a proctor or marked on the test booklet, and allows assistive devices during the SOCE. Grants Commission staff authority to request further evidence when the evidence for a request for special accommodation is incomplete, inconclusive, unclear, or does not substantiate the need for the requested accommodation. Removes the requirement that the Commission pay for medical evaluations for individuals requesting accommodations that do not substantiate the need for the accommodation. 11B-30.008: Updates rule references and clarifies that an applicant shall not be admitted into an examination after the administrator closes the registration process, and adds a new rule incorporation reference to form CJSTC-517. 11B-30.012: Reformats existing rule language. Updates the applicant requirements during an Examination Review Session. Provides Commission staff the authority to dismiss an individual from an Examination Review Session if the student violates applicant conduct pursuant to Rule 11B-30.009. Updates the contents of the examination review packet on form CJSTC-511.
SUMMARY: Revises commission forms; revises the examination general eligibility requirements; revises the examination assignment and retake eligibility requirements; revises the application examination requirements and notification process; revises the examination accommodations for applicants with disabilities; revises examination site administration requirements; and revises the requirements for review of examination questions, answers, papers, grades, and grading key.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: 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 FS.
LAW IMPLEMENTED: 943.12(17), 943.13(10), 943.131(2), 943.1397, 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: April 2, 2008 at 10:00 a.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 850-410-8615 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, Florida Department of Law Enforcement, Criminal Justice Professionalism Program, 2331 Phillips Road, Tallahassee, Florida 32308, 850-410-8615

THE FULL TEXT OF THE PROPOSED RULE IS:


NAME OF PERSON ORIGINATING PROPOSED RULE: Donna Hunt at 850-410-8615
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Bureau Chief Vickie Marsey at 850-410-8660
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 26, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 18, 2008