a permanent waiver of paragraph 11B-30.006(2)(a), F.A.C. from Brett Shively, Training Center Director, Florida Department of Corrections School #66 on behalf of Joseph Walgamotte. The Petitioner wishes to permanently waive that portion of the rule ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NO.:RULE TITLE:

11B-30.006State Officer Certification Examination General Eligibility Requirements

NOTICE IS HEREBY GIVEN that on March 17, 2016, the Criminal Justice Standards and Training Commission received a petition for a permanent waiver of paragraph 11B-30.006(2)(a), F.A.C., from Brett Shively, Training Center Director, Florida Department of Corrections School #66 on behalf of Joseph Walgamotte. The Petitioner wishes to permanently waive that portion of the rule that states: Individuals who, within four years of beginning basic recruit training, have successfully completed a Commission-approved Basic Recruit Training Program, pursuant to paragraphs 11B-35.002(1)(a), (b) and (c), F.A.C. Petitioner states that Joseph Walgamotte attended and completed a Commission approved Basic Recruit Training Program from December 4, 2015 through February 29, 2016. Petitioner states Joseph Walgamotte achieved a passing score on the State Officer Certification Exam on March 2, 2016. Petitioner states that due to an administrative error in grading the end of block exam for Intake and Release Mr. Walgamotte had a score of 78% not the required 80%. Petitioner states that Mr. Walgamotte was given a retest of the Intake and Release Block which he passed with a score of 92% on March 9, 2016. Petitioner states that strict application of the rule creates a substantial hardship and violates principles of fairness because the DOC would not have benefit of hiring Mr. Walgamotte in a critically needed position; added costs associated with Mr. Walgamotte having to attend a Basic Recruit Training Program; and, the DOC would not have the benefit of a critically needed position. Petitioner states the purpose of the underlying statute would be achieved if the waiver is granted.

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