a permanent waiver of Rule 11B-27.00212(6), F.A.C., from the Florida Fish and Wildlife Conservation Commission (FFWCC) on behalf of Investigator John E. Brown for the period July 1, 2000, to June 30, 2012. The Petitioner wishes to waive that ...

 

DEPARTMENT OF LAW ENFORCEMENT
Criminal Justice Standards and Training Commission

RULE NO.: RULE TITLE:
11B-27.00212: Maintenance of Officer Certification

NOTICE IS HEREBY GIVEN that on April 17, 2013, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of subsection 11B-27.00212(6), F.A.C., from the Florida Fish and Wildlife Conservation Commission (FFWCC) on behalf of Investigator John E. Brown for the period July 1, 2000, to June 30, 2012. The Petitioner wishes to waive that portion of the rule that requires an officer to become automatically separated from employment and the officer’s certificate to become inactive if the employing agency does not file the Mandatory Retraining Report form CJSTC 74 by the June 30 deadline. The Petitioner further wishes to waive that portion of the rule that requires a full background check be conducted on an officer separated under the operation of the rule before the officer’s certification can be reactivated by his employer and his training records can be re-entered into the Commission’s Automated Training Management System (ATMS). The Petition supports the requested waiver by stating that Investigator Brown has been continuously employed by FFWCC since April 6, 1987. Investigator Brown was inadvertently separated from FFWCC in ATMS on July 7, 2000, through a clerical error. He was continually employed by FFWCC during that time and to the present. Investigator Brown completed all of his mandatory retraining required for the reporting periods between July 1, 2000, and June 30, 2012, however, FFWCC cannot produce the required Mandatory Retraining Report form CJSTC 74 for any of the reporting periods. The Petition states that the Petitioner and Investigator Brown will suffer substantial hardship if the rule waiver is not granted because Investigator Brown’s certification will become inactive and FFWCC must then conduct a full background investigation on Investigator Brown before his certification can be reactivated. The Petition states that these consequences will violate the principles of fairness by subjecting Petitioner and Investigator Brown to consequences that others subject to the rule do not face.
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].