Published on: 19435422. On May 31, 2017, the Criminal Justice Standards and Training Commission (CJSTC) issued a Final Order granting a waiver of Rule 11B-27.00225, F.A.C., to Sergeant Richard Warner. Rule 11B-27.00225, F.A.C., requires background investigations for all applicants for certification which include a seven-panel drug screen; the waiver permits Petitioner to maintain his certification despite receiving a drug screen with an unknown number of panels during his background investigation. The Petition was filed on April 21, 2017, and notice of the petition was published on April 26, 2017, in Vol. 43, No. 81, of the Florida Administrative Register. No public comments were received. In rendering its decision, the CJSTC determined that Petitioner would suffer a substantial hardship were the waiver not granted as he risked losing his employment and certification, which might have jeopardized the arrests and investigations Petitioner conducted under the color of his certification. The CJSTC also determined that a waiver in this matter would serve the purpose of the underlying statutes as it would result in the continued employment and certification of a law enforcement officer with demonstrated good moral character.
Published on: 19435325. On May 31, 2017, the Criminal Justice Standards and Training Commission (CJSTC) issued a Final Order granting a waiver of Rule 11B-27.00225, F.A.C., to Chief Barry Fox. Rule 11B-27.00225, F.A.C., requires background investigations for all applicants for certification which include a seven-panel drug screen; the waiver permits Petitioner to maintain his certification despite only receiving a six-panel drug screen during his background investigation. The Petition was filed on April 21, 2017, and notice of the petition was published on April 25, 2017, in Vol. 43, No. 80, of the Florida Administrative Register. No public comments were received. In rendering its decision, the CJSTC determined that Petitioner would suffer a substantial hardship were the waiver not granted as he risked losing his employment and certification, which might have jeopardized the arrests and investigations Petitioner conducted under the color of his certification. The CJSTC also determined that a waiver in this matter would serve the purpose of the underlying statutes as it would result in the continued employment and certification of a law enforcement officer with demonstrated good moral character.
Published on: 18894841. a permanent waiver of Rule 11B-27.00225, F.A.C., from Sergeant Richard Warner of the St. Augustine Police Department. Petitioner wishes to permanently waive that portion of the Rule that states: (1) The employing agency is required to conduct a background investigation upon each applicant for certification, or employment or appointment, which shall include the analysis of a urine sample furnished by the applicant for the presence of controlled substances or metabolites, which shall be consistent with the procedures for drug testing pursuant to Section 112.0455, F.S. and Rule Chapter 59A-24, F.A.C., which have been adopted by the Agency for Health Care Administration. A new urine sample shall be submitted for analysis following any break-in-service.(2) The employing agency shall verify the following requirements for the collection and analysis of urine samples: (a) The procedures for collection sites and specimen collection complies with the requirements of Rule 59A-24.005, F.A.C.(b) Each applicant gave written consent prior to giving the sample for collection, analysis for evidence of controlled substances, and disclosure of the analysis results to the employing agency and to the Commission.(c) The procedures for analyzing and reporting the urine sample were consistent with Rule 59A-24.006, F.A.C.(d) The laboratory performing the analysis did analyze the urine sample for the presence of the following seven substances:1. Amphetamines (amphetamine and methamphetamine). 2. Cannabis or Cannabinoids. 3. Cocaine or Cocaine Metabolite. 4. Phencyclidine. 5. Opiates (codeine and morphine). 6. Barbiturates.7. Benzodiazepines. Petitioner alleges that prior to his employment as a law enforcement officer, Petitioner submitted to a pre-employment drug screen, which came back negative; however, the laboratory did not indicate for which drugs it had screened, so it is unknown whether the lab conducted the requisite seven- panel drug screen. In justification of his petition for waiver, Petitioner asserts that he has been a full-time law enforcement officer since 1997, that he underwent and passed pre-employment background checks, that he has not been disciplined since his employment in 1997, and that he has been subject to random drug testing. Additionally, Petitioner asserts that he passed a seven-panel drug screen on March 17, 2017. Petitioner alleges that, should the waiver not be granted, Petitioner will suffer a substantial hardship as he could lose his certification for not technically completing the pre-certification background check.
Published on: 18892125. a permanent waiver of Rule 11B-27.00225, F.A.C., from Chief Barry Fox of the St. Augustine Police Department. Petitioner wishes to permanently waive that portion of the Rule that states: (1) The employing agency is required to conduct a background investigation upon each applicant for certification, or employment or appointment, which shall include the analysis of a urine sample furnished by the applicant for the presence of controlled substances or metabolites, which shall be consistent with the procedures for drug testing pursuant to Section 112.0455, F.S. and Rule Chapter 59A-24, F.A.C., which have been adopted by the Agency for Health Care Administration. A new urine sample shall be submitted for analysis following any break-in-service.(2) The employing agency shall verify the following requirements for the collection and analysis of urine samples: (a) The procedures for collection sites and specimen collection complies with the requirements of Rule 59A-24.005, F.A.C.(b) Each applicant gave written consent prior to giving the sample for collection, analysis for evidence of controlled substances, and disclosure of the analysis results to the employing agency and to the Commission.(c) The procedures for analyzing and reporting the urine sample were consistent with Rule 59A-24.006, F.A.C.(d) The laboratory performing the analysis did analyze the urine sample for the presence of the following seven substances:1. Amphetamines (amphetamine and methamphetamine). 2. Cannabis or Cannabinoids. 3. Cocaine or Cocaine Metabolite. 4. Phencyclidine. 5. Opiates (codeine and morphine). 6. Barbiturates.7. Benzodiazepines. Petitioner alleges that prior to his employment as a law enforcement officer, Petitioner submitted to a pre-employment drug screen; however, the laboratory mistakenly conducted a six-panel drug test instead of the requisite seven-panel drug test. In justification of his petition for waiver, Petitioner asserts that he has been a full-time law enforcement officer since 1993, that he underwent and passed pre-employment background checks, that he has not been disciplined since his employment in1993, and that he has been subject to random drug screening. Additionally, Petitioner asserts that he passed a seven-panel drug screen on March 17, 2017. Petitioner alleges that, should the waiver not be granted, Petitioner will suffer a substantial hardship as he could lose his certification for not technically completing the pre-certification background check.
Published on: 17779923. Owen Kohler, Assistant City Attorney, City of Hialeah, Florida; The petition seeks the agency’s opinion as to the applicability of Rule 11B-27.00225, F.A.C. when an officer that has been terminated is reinstated through arbitration.