a temporary waiver of Rule 11D-8.014 F.A.C., from Shibaughan Ramsey. Petitioner wishes to temporarily waive that portion of the Rule that states: “(1) Permits to conduct blood alcohol analyses shall remain valid until otherwise suspended or revoked ...

 

DEPARTMENT OF LAW ENFORCEMENT

Division of Local Law Enforcement Assistance

RULE NO.:RULE TITLE:

11D-8.014Blood Alcohol Permit - Analyst: Renewal

NOTICE IS HEREBY GIVEN that on February 10, 2017, the Florida Department of Law Enforcement, received a petition for a temporary waiver of Rule 11D-8.014 F.A.C., from Shibaughan Ramsey. Petitioner wishes to temporarily waive that portion of the Rule that states: “(1) Permits to conduct blood alcohol analyses shall remain valid until otherwise suspended or revoked by the Department. In order to remain qualified for such permit, an analyst must satisfactorily determine the blood alcohol level of at least 2 proficiency samples provided by the Department semiannually…” Blood Alcohol Proficiency Cycles are currently scheduled by the Florida Department of Law Enforcement in April and September of 2017. Petitioner states that Petitioner is a blood alcohol analyst holding a current permit issued by the Florida Department of Law Enforcement; however, Petitioner is presently on leave under the Family Medical Leave Act until April of 2017. As a result of her leave of absence, Petitioner is not performing any blood alcohol analyses and therefore will be unable to participate in FDLE Blood Alcohol Proficiency Cycle 17C1, samples for which are mailed on April 3, 2017, and are due to the FDLE Alcohol Testing Program on April 28, 2017. Petitioner asserts that she would suffer a substantial hardship should the waiver not be granted, as she would be unable to work until she satisfactorily participated in the next Blood Alcohol Permit Proficiency Cycle, samples for which are mailed on September 18, 2017, and are due to the FDLE Alcohol Testing Program on October 13, 2017. Petitioner further asserts that the purpose of the underlying statute would be achieved by the granting of the waiver as her certification is current for the present proficiency cycle, she will participate in all subsequent FDLE Blood Alcohol Proficiency Cycles following her return to work, and she will undergo routine, frequent proficiency testing by the College of American Pathologists throughout the year.

A copy of the Petition for Variance or Waiver may be obtained by contacting: Caitlin R. Mawn, Assistant General Counsel, at Florida Department of Law Enforcement, Office of the General Counsel, P.O. Box 1489, Tallahassee, FL 32302 or at [phone].