That on December 7, 2012, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of Rule 11B-35.001(9)(b), F.A.C., from Southwest Florida Public Service Academy, on behalf of two trainee instructors, ...  

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    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 on December 7, 2012, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of Paragraph 11B-35.001(9)(b), F.A.C., from Southwest Florida Public Service Academy, on behalf of two trainee instructors, Dwayne Cooper and Angelo Vaughn. Paragraph 11B-35.001(9)(b), F.A.C., requires officers to achieve a passing score of 85% or higher on the end-of-course examinations for Specialized Instructor Training Courses.
    The petition supported the requested waiver by stating that the officers at issue achieved what they and the Petitioner understood to be passing scores of 84% on an end-of-course examination during Florida General Instructor Techniques Course taught November 15 – 24, 2010 (Cooper) and December 13 – 22, 2010 (Vaughn).
    Petitioner stated that the two officers should not be penalized because the officers and the Petitioner believed that the officers passed the end-of-course examinations with their class. Petitioner stated that the officers at issue will suffer a substantial hardship if their scores are not recognized because they will not be considered to have passed the course. This will result in impairment of their employment. Petitioner further stated that it would violate the principles of fairness to fail to recognize that the two officers and the Petitioner believed that the two officers passed the end-of-course examinations.
    Notice of receipt of the petition was published in the Florida Administrative Weekly Volume 38, Number 94, December 19, 2012.
    On January 31, 2013, pursuant to notice, at a meeting held in St. Augustine, Florida, 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. These two officers took their end-of-course examinations for the Specialized Florida General Instructor Techniques Course. Both they and the Petitioner understood that they achieved passing scores. The officers were then permitted to graduate and instruct at their respective agencies prior to the discovery that the officers did not, in fact, pass the examination. After careful consideration of the facts in this matter, the Commission issued an order granting the Petitioner's waiver.
    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 (850) 410-7676.

     

Document Information

Contact:
Grace A. Jaye, Assistant General Counsel, Florida Department of Law Enforcement, P.O. Box 1489, Tallahassee, FL 32302, or by telephoning (850) 410-7676.
Related Rules: (1)
11B-35.001. General Training Programs; Requirements and Specifications