a permanent waiver of Rule 11B-27.002(4), F.A.C., from Hector Olmeda. Petitioner wishes to waive that portion of the Rule that states: (a) Within 4 years of the beginning date of a Commission-approved Basic Recruit Training Program, an individual ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NO.:RULE TITLE:

11B-27.002Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers

NOTICE IS HEREBY GIVEN that on October 3, 2017, the Florida Department of Law Enforcement, received a petition for a permanent waiver of subsection 11B-27.002(4), F.A.C., from Hector Olmeda. Petitioner wishes to waive that portion of the Rule that states: (a) Within 4 years of the beginning date of a Commission-approved Basic Recruit Training Program, an individual shall successfully complete the program, achieve a passing score on the applicable State Officer Certification Examination, and gain employment, and certification as an officer. (b) An individual who fails to comply with the requirements in paragraph (4)(a) of this rule section for the discipline in which the training was completed, within four years of the date of beginning such training, shall as a condition for obtaining employment comply with the following: 1. Successfully complete a Commission-approved Basic Recruit Training Program pursuant to Rule 11B-35.002, F.A.C., or qualify for an exemption from a Commission-approved Basic Recruit Training Program, pursuant to Section 943.131(2), F.S., to include demonstration of proficiency in the High-Liability Basic Recruit Training Courses pursuant to Rule 11B-35.0024, F.A.C.; and 2. Achieve a passing score on the State Officer Certification Examination. In justification of his petition for waiver, Petitioner asserts that on June 24, 2013, Petitioner began, and ultimately completed, a basic recruit training program. On October 31, 2016, the Orange City Police Department (OCPD) hired Petitioner as a civilian community service officer with the intent to eventually hire him as a sworn law enforcement officer. Petitioner subsequently scheduled himself to sit for the State Officer Certification Exam (SOCE) but learned he was ineligible to sit for the SOCE on his scheduled exam date because he had not completed a required dart firing course. On May 1, 2017, the OCPD moved Petitioner to a sworn law enforcement position under a temporary employment authorization. On May 18, 2017, Petitioner attended and completed the dart firing course, and on June 24, 2017, (the last day of his four-year employment window) Petitioner sat for and passed the SOCE; however, the OCPD did not apply for Petitioner’s certification until July 31, 2017. Petitioner alleges that, should the waiver not be granted, Petitioner will suffer a substantial hardship as he would have to attend another basic recruit training program at his own expense, which would place a financial burden on his family.

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].