permanent waiver of Rule 11B-27.002(3)(14), F.A.C. by Sheriff John Rutherford, Jacksonville Sheriff's Office, on behalf of Reserve Officer Mark A. Wolfe. Petitioner wishes to waive that portion of the rule that states that a new recruit must provide ...

 

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 15, 2015, the Florida Department of Law Enforcement Criminal Justice Standards and Training Commission received a petition for permanent waiver of subparagraph 11B-27.002(3)(a)14., F.A.C., by Sheriff John Rutherford, Jacksonville Sheriff's Office, on behalf of Reserve Officer Mark A. Wolfe. Petitioner wishes to waive that portion of the rule that states that a new recruit must provide drug screen results of at least a 7-panel test pursuant to paragraph 11B-27.00225(2)(d), F.A.C. Petitioner also wishes to waive paragraph 11B-27.002(4)(a), F.A.C., on behalf of Reserve Officer Mark A. Wolfe. Petitioner wishes to waive that portion of the rule that states within four years of the beginning date of a Commission-approved Basic Recruit Training Program, an individual shall successfully complete the program, achieve a passing score on the applicable State Officer Certification Examination, and gain employment, and certification as an officer.

Petitioner states that Reserve Officer Mark A. Wolfe attended and successfully completed the 360 hour Auxiliary Law Enforcement Core Course, sequence number 31-2006-211-2 at the Northeast Florida Criminal Justice Center between September 26, 2006 to March 20, 2007. Petitioner states that due to a clerical omission, Reserve Officer Wolfe’s required drug screen was never entered as completed, therefore the Jacksonville Sheriff’s Office never officially certified him as an auxiliary officer with the department. Petitioner states that Reserve Officer Wolfe has been an exemplary employee since 2007, earning the rank of Sergeant within the Reserve/Auxiliary Unit and has volunteered over 1,722 hours to the department. Petitioner states that once it was discovered that Reserve Officer Wolfe’s drug screen paperwork was missing, he attempted to acquire a copy of the drug screen from the provider without success due to a change in ownership. Petitioner states that Officer Wolfe was however able to acquire a copy of a receipt showing payment for the drug screen.

Petitioner states that more than four years have elapsed since Reserve Officer Wolfe attended the academy, however, he has maintained all FDLE and Jacksonville Sheriff’s Office mandated training requirements. Petitioner states that forcing Reserve Officer Wolfe to comply with the rule and re-take the entire 360 hour basic course because of a mistake by the Jacksonville Sheriff’s Office would create a substantial hardship; violate principles of fairness; and, affect Reserve Officer Wolfe in a manner significantly different from the way it affects other similarly situated persons who are subject to the rule. Petitioner states that granting of the waiver would serve the purposes of the underlying statute.

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, [phone].