a permanent waiver of Rule 11B-35.0011(1)(h) F.A.C., from Paul J. Kiley, Director of Basic Training and Career Development of Miami-Dade College on behalf of Jose Hernandez. Petitioner wishes to permanently waive that portion of the Rule that states:...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NO.:11B-35.0011

RULE TITLE:Basic Abilities Test Requirements for Applicant Admission into a Law Enforcement and Correctional Basic Recruit Training Program

NOTICE IS HEREBY GIVEN that on January 10, 2017, the Criminal Justice Standards and Training Commission received a petition for a permanent waiver of paragraph 11B-35.0011(1)(h), F.A.C., from Paul J. Kiley, Director of Basic Training and Career Development of Miami-Dade College on behalf of Jose Hernandez. Petitioner wishes to permanently waive that portion of the Rule that states: “(1) To comply with Section 943.17(1)(g), F.S., applicants who apply for entry into a Commission-approved Basic Recruit Training Program after January 1, 2002, shall obtain a passing score on a Commission-approved Basic Abilities Test (BAT) for the law enforcement or correctional disciplines, prior to entering a program. The BAT shall be administered in the state of Florida...(h) A passing score on a Commission-approved Basic Abilities Test is valid four years from the date of the test.” Petitioner states that Mr. Hernandez passed a Florida-administered BAT on April 30, 2012, giving him a valid BAT score until April 30, 2016. Mr. Hernandez subsequently enrolled in a Basic Recruit Training Program offered by Miami-Dade College, set to begin prior to the expiration of his BAT score. However, in an effort to meet its minimum class size criteria, Petitioner rescheduled the start date of the Basic Recruit Training Program to June 13, 2016, a date after the expiration of Mr. Hernandez’s BAT score. The error was discovered on November 8, 2016, and Mr. Hernandez sat for and passed a second Florida-administered BAT on November 9, 2016. Mr. Hernandez ultimately completed and passed the Basic Recruit Training Program on November 17, 2016. The Petitioner asserts that Mr. Hernandez would suffer an economic hardship should the waiver not be granted, as Mr. Hernandez would be unable to obtain employment as a law enforcement officer without completing and passing another Basic Recruit Training Program. A copy of the Petition for Variance or Waiver may be obtained by contacting Tina Culbertson, Florida Department of Law Enforcement, Criminal Justice Professionalism Division, P.O. Box 1489, Tallahassee, FL 32302 or by telephone at [phone].