a permanent waiver of Rule 11B-27.002(4), F.A.C., by the Florida Department of Agriculture and Consumer Services (FDACS) on behalf of Ismith Bocaille. Petitioner wishes to waive that portion of the rule which requires an officer to obtain employment ...

 

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

NOTICE IS HEREBY GIVEN that on April 3, 2013, the Criminal Justice Standards and Training Commission received a petition for a permanent waiver of Subsection 11B-27.002(4), F.A.C., by the Florida Department of Agriculture and Consumer Services (FDACS) on behalf of Ismith Bocaille. Petitioner wishes to waive that portion of the rule which requires an officer to obtain employment within four years of beginning basic recruit training. The Petitioner states that it was in the process of employing Officer Bocaille when Officer Bocaille’s four- year window to become employed expired. The agency had completed all of the requirements found in Section 943.13, F.S., for hiring an officer. The Petition states that the operation of the rule would violate the principles of fairness because Petitioner had almost completed the pre-hiring requirements when Officer Bocaille’s four-year window to become employed expired. The Petition states that the operation of the rule creates a substantial hardship for both Petitioner and Officer Bocaille because neither will have the benefit of employing Petitioner after completing an extensive pre-employment screening. The Petitioner further supports the requested waiver by stating that it will incur a severe economic hardship if it must fire Officer Bocaille just to go through the background screening again in order to rehire him. Petitioner further states that the rule would cause Officer Bocaille substantial economic hardship not only because of lost income, but because he put himself through basic recruit training and ensured he passed the SOCE at his own initiative and cost.
A copy of the Petition for Variance or Waiver 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].