a permanent waiver of Rule 11B-30.008(1), F.A.C., from Michael Garcia. Petitioner wishes to waive that portion of the Rule that states, in pertinent part: Administration of the Computer-Based State Officer Certification Examination (CB-SOCE) shall ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NO.:RULE TITLE:

11B-30.008State Officer Certification Examination Site Administration

NOTICE IS HEREBY GIVEN that on October 12, 2017, the Florida Department of Law Enforcement received a petition for a permanent waiver of subsection 11B-30.008(1), F.A.C., from Michael Garcia. Petitioner wishes to waive that portion of the Rule that states, in pertinent part: Administration of the Computer-Based State Officer Certification Examination (CB-SOCE) shall be limited to test sites authorized by the Commission and located within the State of Florida…In justification of his petition for waiver, Petitioner asserts that on October 10, 2016, Petitioner obtained employment with the Pensacola Police Department (PPD) as a police cadet; he has also served with the Army National Guard since 2012. On April 19, 2017, Petitioner sat for but did not pass a computer-based Florida SOCE at a Pearson VUE testing center in Pensacola, Florida. Waiting only on a passing score to be promoted to law enforcement officer with the PPD, and knowing the PPD faced a manpower shortage, Petitioner registered to sit for the SOCE a second time on April 22, 2017, the next available testing date in Petitioner’s vicinity; the SOCE was to be administered in Mobile, Alabama, just over one hour from Pensacola, Florida. Petitioner asserts that an administrative error on the part of Pearson VUE opened up the SOCE for administration outside of Florida. On April 22, 2017, Petitioner sat for and passed a computer-based Florida SOCE at the Pearson VUE testing center in Mobile, Alabama, and Petitioner’s ATMS profile was updated to reflect Petitioner’s passing Florida SOCE score. Unfortunately, nothing in ATMS indicated that Petitioner’s passing Florida SOCE score was invalid based upon the location of its administration. On May 8, 2017, Petitioner obtained employment as a law enforcement officer with the PPD based upon his April 22, 2017, passing Florida SOCE score and his previous successful completion of a Commission-approved basic recruit training program. On May 23, 2017, FDLE activated Petitioner’s law enforcement certification based upon his employment with the PPD and his apparent compliance with FDLE’s Rules. Petitioner alleges that, should the waiver not be granted, Petitioner will suffer a substantial hardship as he would be unable to continue to work in the law enforcement officer position for which he was trained and hired until he sits for and passes a Florida SOCE administered within the State of Florida.

A copy of the Petition for Variance or Waiver may be obtained by contacting: Dana Kelly, Agency Clerk, Florida Department of Law Enforcement, P.O. Box 1489, Tallahassee, FL 32302 or by telephone at [phone].