a permanent waiver of Rule 11B-35.0011(1)(h), F.A.C., from the Florida Department of Corrections (DoC) on behalf of LaToya Howard. The Petitioner wishes to waive that portion of the rule that states a Basic Abilities Test (BAT) score is only good ...

 

DEPARTMENT OF LAW ENFORCEMENT
Criminal Justice Standards and Training Commission

RULE NO.: RULE TITLE:
11B-35.0011: Requirements for Applicant Admission into a Law Enforcement, Correctional, and Correctional Probation Basic Recruit Training Program

NOTICE IS HEREBY GIVEN that on April 19, 2013, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of Paragraph 11B-35.0011(1)(h), F.A.C., from the Florida Department of Corrections (DoC) on behalf of LaToya Howard. The Petitioner wishes to waive that portion of the rule that states a Basic Abilities Test (BAT) score is only good for four years from the date of the test. The Petitioner stated that Howard passed the BAT on October 22, 2008. Petitioner then hired Howard on a Temporary Employment Authorization (TEA). Budget cuts forced Petitioner to terminate Howard and 190 other TEAS in 2011. Petitioner rehired Howard in September of 2012. Howard’s BAT score expired October 22, 2012. Howard entered basic recruit training December 3, 2012, and graduated February 19, 2013. She took the State Officer Certification Examination on February 27, 2013, but her scores will not be released without a waiver of the rule.
Petitioner asserts that the rule treats Howard differently than others subject to it because her name was not on the list of DoC TEA’s who received waivers before, even though she was among their number. Petitioner states that the application of the rule violates the principles of fairness in Howard’s situation because the BAT is to show fitness to enter basic, and Howard has already passed basic. Petitioner states that Howard and Petitioner suffer economic hardship under the rule as it is applied. Petitioner states that the underlying statute has already been fulfilled because Howard passed basic recruit training.
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].