That on December 10, 2012, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of Rule 11B-35.001(13), F.A.C., from Florida Public Safety Institute, on behalf of Joshua Bridges. Rule 11B-35.001(13), F.A....

 

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 10, 2012, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of Subsection 11B-35.001(13), F.A.C., from Florida Public Safety Institute, on behalf of Joshua Bridges. Subsection 11B-35.001(13), F.A.C., requires recruits to pass end-of-course examinations with retakes permitted only in a narrowly defined set of circumstances.
The petition supported the requested waiver by stating that the recruit was permitted to retake an end-of-course examination after two previous failures to complete the course.
Petitioner stated that the recruit should not be penalized because the Instructor believed that recruits were allowed more than one chance to pass the end-of-course examination. Petitioner stated that the recruit at issue will suffer a substantial hardship if his score is not recognized because he will not be considered to have passed the course. This will result in impairment of his employment. The recruit would have to retake basic recruit training and pass the SOCE again. Any professional activities the recruit has done since he passed the course would also be in question. Petitioner further stated that it would violate the principles of fairness to fail to recognize that the recruit and the Petitioner believed that the recruit 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. This recruit took his end-of-course examinations for the Basic Recruit Training Course-LEO. Both he and the Petitioner understood that he could have more than one retake in order to achieve a passing score. The recruit was then permitted to graduate prior to the discovery that the recruit took the end-of-course examination more than once. 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 [phone].