That on December 7, 2012, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of Rule 11B-35.007(3), F.A.C., from Florida Public Safety Institute on behalf of Delwyn Hall. However, a review of the ...

 

DEPARTMENT OF LAW ENFORCEMENT
Criminal Justice Standards and Training Commission

RULE NO.: RULE TITLE:
11B-35.007: Specialized Training Program

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 Subsection 11B-35.007(3), F.A.C., from Florida Public Safety Institute on behalf of Delwyn Hall. However, a review of the request proved that the waiver should have been filed for Paragraph 11B-35.001(9)(b), F.A.C. 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 officer at issue achieved what he and the Petitioner understood to be a passing score of 82% on an end-of-course examination during Florida General Instructor Techniques Course taught from January 10 – 19, 2011.
Petitioner stated that the officer should not be penalized because both he and the Petitioner believed that the officer had passed the end-of-course examination with his class. Petitioner stated that the officer 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. Petitioner further stated that it would violate the principles of fairness to fail to recognize that the officer and the Petitioner believed that the officers passed the end-of-course examinations.
Notice of receipt of the petition was published in the Florida Administrative Register 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. The officer took the end-of-course examination for the Specialized Florida General Instructor Techniques Course. Both he and the Petitioner understood that he had achieved a passing score. The officer was then permitted to graduate and instruct at his agency prior to the discovery that the officer 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 [phone].