That it has issued an order. On January 9, 2013, the Criminal Justice Standards and Training Commission, received an emergency petition for a temporary waiver of Rule 11B-27.002(4), and Rule 11B-35.002(2), F.A.C., by Rodney Kevin Schwartz. Rule 11B-...

 

DEPARTMENT OF LAW ENFORCEMENT
Criminal Justice Standards and Training Commission

RULE NO.: RULE TITLE:
11B-27.002: Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers

The Criminal Justice Standards and Training Commission hereby gives notice:
That it has issued an order. On January 9, 2013, the Criminal Justice Standards and Training Commission, received an emergency petition for a temporary waiver of subsection 11B-27.002(4), and subsection 11B-35.002(2), F.A.C., by Rodney Kevin Schwartz. Subsection 11B-27.002(4), and subsection 11B-35.002(2), F.A.C., require officers to become employed within four years of beginning basic recruit training. After a review by Commission staff, it was determined that no emergency existed, for the Commission would vote on the matter prior the expiry of the Petitioner’s eligibility for certification. Notice of receipt of the petition was published in the Florida Administrative Weekly Volume 39, Number 14, on January 22, 2013. The Petition was supported by the Petitioner’s prospective employer, Sweetwater Police Department.
On January 31, 2013, at its regularly scheduled business agenda meeting held in St. Augustine, 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 Petitioner’s four years to become employed would expire on February 23, 2013. 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. The Petitioner has six months from the date of the final order in this matter to become employed 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].