That it has issued an order. On September 25, 2013, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of Rule 11B-35.002(1)(a)11, and (2)(a), F.A.C., by Osceola County Sheriff’s Office. Petitioner ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NO.:RULE TITLE:

11B-35.002:Basic Recruit Training Programs for Law Enforcement, Correctional, and Correctional Probation

The Criminal Justice Standards and Training Commission hereby gives notice that it has issued an order. On September 25, 2013, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of subparagraph 11B-35.002(1)(a)11, and paragraph (2)(a), F.A.C., by Osceola County Sheriff’s Office. Petitioner wishes to waive that portion of the rule that requires an officer to complete a Commission-approved basic recruit training program and to obtain employment within four years of beginning such basic recruit training. The Petitioner asserts that it gave law enforcement training to three medics from the Osceola County Fire Rescue in order for them to be S.W.A.T. Medics. The Petitioner intended the training to substitute for a Commission-approved law enforcement auxiliary training. Petitioner did not send the medics to a Commission-approved law enforcement auxiliary academy, nor did Petitioner ensure that the medics were certified within four years of beginning training. The Petitioner states that the operation of the rule would violate the principles of fairness because the medics attended all of the training that they were ordered to attend, including defensive tactics and firearms training which was given by in-house Commission-certified instructors. The Petition states that the operation of the rule creates a substantial hardship for Petitioner and the medics by potentially taking the medics from their full-time employment as medics for Osceola County Fire Rescue and as part-time medics for the S.W.A.T. team if the medics were forced to attend a Commission-approved 111 hour auxiliary law enforcement academy. Petitioner seeks to have its training of the three medics recognized as equivalent to a Commission-approved law enforcement auxiliary academy and for the medics to have an additional two years from the date of the final order to complete the 80 hours of both defensive tactics and firearms instruction necessary for the medics to maintain certification as auxiliary law enforcement officers, should they be granted that certification by the Commission granting approval of the medics’ training as equivalent to that required by the Commission for auxiliary law enforcement officers.

On November 7, 2013, pursuant to notice, at its regularly scheduled Business Agenda meeting held in Destin, Florida, the Commission ruled on the petition. The Commission found that the Petitioner demonstrated that the strict application of the Commission's rules in this case would violate the principles of fairness. The Commission found that the purposes of the underlying statute, Section 943.1395(1), F.S., to ensure that officers meet strict qualification criteria and minimum training requirements, would be addressed should the waiver be granted. The Commission granted the Petitioner's waiver request.

A copy of the Order or additional information may be obtained by contacting Grace A. Jaye, Assistant General Counsel, Florida Department of Law Enforcement, P.O. Box 1489, Tallahassee, FL 32302, or by telephoning [phone].