a temporary waiver of Rule 11D-8.010(1) and (2), F.A.C. by Lee Spector, Director, Criminal Justice Institute at Indian River State College (CJI/IRSC) and Robert E. Curry. Petitioners wish to waive that portion of the rule that states: (1) Persons ...

 

DEPARTMENT OF LAW ENFORCEMENT

Division of Local Law Enforcement Assistance

RULE NO.:RULE TITLE:

11D-8.010Qualifications for Instructors

NOTICE IS HEREBY GIVEN that on January 21, 2016, the Alcohol Testing Program received a petition for a temporary waiver of subsections 11D-8.010(1) and (2), F.A.C., by Lee Spector, Director, Criminal Justice Institute at Indian River State College (CJI/IRSC) and Robert E. Curry. Petitioners wish to waive that portion of the rule that states: (1) Persons who conduct breath test training courses must have a valid Breath Test Instructor certification issued by the Criminal Justice Standards and Training Commission, and such persons shall be deemed permitted by the Department to conduct breath test training courses. (2) Unless exempted by the Commission, each breath test instructor must successfully complete the Commission-approved breath test instructor certification renewal course pursuant with Rule 11B-20.0017, F.A.C., to remain qualified for a breath test instructor certification. Successful completion of the Commission-approved breath test instructor certification course or breath test instructor certification renewal course satisfies that person’s agency inspector and breath test operator continuing education requirements. Each breath test instructor must also successfully complete all Department breath test instructor update courses.

Petitioners state that Mr. Curry is currently an adjunct instructor at CJI/IRSC. Petitioners state that Mr. Curry received his General Instructor Certificate in October 2001 and CMS General Instructor Transition certificate in April 2004. Petitioners state that Mr. Curry attended General Instructor Refresher course in 2006 making his General Instructor certificate valid until March 31, 2019. Petitioners state Mr. Curry was certified as a Breath Test Instructor on December 13, 2010 which expired on December 31, 2014. Petitioners state that the Florida Department of Law Enforcement’s Automated Training Management System indicated that Mr. Curry’s Breath Test Instructor certification was active until March 31, 2015. Petitioners state Mr. Curry has taught several breath test operator classes at CJI/IRSC between 2010 and 2014. Petitioners state that Mr. Curry taught a breath test operator class on February 18, 2015 relying upon the information in FDLE’s ATMS system not realizing his certification had expired on December 31, 2014. Petitioners state there was no willful intent to subvert the breath test certification process. Petitioners state that Mr. Curry has been diligent in maintaining his instructor certifications while employed with CJI/IRSC and will perform al requirements of 11B-20.0017, F.A.C. which now align with 11D-8.010, F.A.C. Petitioners state that a strict application of the rule would create a substantial hardship on CJI/IRSC and those students instructed by Mr. Curry in February 2015. Petitioners state the purpose of the underlying statute will be achieved if the waiver is granted.

A copy of the Petition for Variance or Waiver may be obtained by contacting: Linton B. Eason, Assistant General Counsel, Florida Department of Law Enforcement, P.O. Box 1489, Tallahassee, FL 32302 or by telephone: [phone].