The Criminal Justice Standards and Training Commission has issued an order. On September 19, 2013, the Commission received a Petition from Florida Keys Community College (FKCC) on behalf of Jorge Prince for a permanent waiver of Rule 11B-35.001(1), ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NO.:RULE TITLE:

11B-35.001:General Training Programs; Requirements and Specifications

The Criminal Justice Standards and Training Commission hereby gives notice that it has issued an order. On September 19, 2013, the Commission received a Petition from Florida Keys Community College (FKCC) on behalf of Jorge Prince for a permanent waiver of subsection 11B-35.001(1), F.A.C. The Petitioner wishes to waive that portion of the rule that states a Basic Abilities Test (BAT) score is only good for four years from the date of the test.

Petitioner FKCC stated that Mr. Prince passed his Basic Abilities Test (BAT) at the time he was accepted into the Law Enforcement Basic Recruit Training Program January 7, 2013. The program did not start on that date, but was delayed until May 16, 2013. Petitioner FKCC stated that at the time the program actually began, Mr. Prince’s BAT had expired. Mr. Prince took and passed an additional BAT August 22, 2013. Mr. Prince has to date passed all of his course work. The Petitioner stated that Mr. Prince will graduate February 2014 and is scheduled to take the State Officer Certification Examination (SOCE) shortly thereafter. Unfortunately, because Mr. Prince’s BAT score had expired at the time he actually began basic recruit training, he is ineligible to enroll in basic recruit training and also ineligible to take the SOCE.

Petitioner requested that the Commission permanently waive the portion of paragraph 11B-35.0011(1)(h), F.A.C., that would prevent Mr. Prince from graduating from basic recruit training and taking the SOCE, to begin when the basic recruit training course began until Mr. Prince took and passed the BAT for a second time on August 22, 2013. The Petitioner stated that Mr. Prince was prepared for basic recruit training and would have had no difficulty if the course had begun on the date that it had been scheduled to begin, which was January 7, 2013. The statute does not specify a time limit for BAT scores, and, in this case, the BAT score expired between the time Mr. Prince was to have begun his basic recruit training and the time that he actually began training. Mr. Prince had no control over the time lapse between those two dates.

Notice of receipt of the petition was published in the Florida Administrative Weekly Volume 39, Number 79, on April 23, 2013.

On November 7, 2013, at its regularly scheduled business agenda meeting held in Destin, FL, the Commission found that the Petitioner’s situation is unique. The Petitioner demonstrated that the strict application of the Commission's rules in this case would violate the principles of fairness. The application of the rule violates the principles of fairness in Petitioner’s situation. Petitioner will suffer economic hardship under the rule as it is applied. 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 in an alternative method by granting this rule waiver. The Commission granted the Petitioner's waiver request. Mr. Prince’s BAT scores are deemed timely and he may sit for the SOCE and his score may be released and he may be employed full-time as a Law Enforcement Officer.

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].