permanent waiver of: paragraph 11B-30.0062(1), F.A.C. which states individuals who have successfully completed a Commission-approved Basic Recruit Training Program or are exempt from a Basic Recruit Training Program, pursuant to subsection 11B-30....

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NO.:RULE TITLE:

11B-30.0062State Officer Certification Examination Assignment and Retake Eligibility Requirements

NOTICE IS HEREBY GIVEN that on April 23, 2015, the Department of Law Enforcement Criminal Justice Standards and Training Commission, received a petition for permanent waiver of subsection 11B-30.0062(1), F.A.C., which states individuals who have successfully completed a Commission-approved Basic Recruit Training Program or are exempt from a Basic Recruit Training Program, pursuant to subsection 11B-30.006(2), F.A.C., shall be allowed to apply for and take the applicable Paper and Pencil or Computer-Based State Officer Certification Examination (SOCE) corresponding to the specific law enforcement, correctional, or correctional probation discipline and curriculum for which training was completed or exempted. Individuals completing a Basic Recruit Training Program shall pass the SOCE within four years of the beginning date of training pursuant to subsection 11B-27.002(4), F.A.C. Individuals exempt from a Basic Recruit Training Program shall pass the SOCE within one year of receiving the exemption pursuant to Section 943.131, F.S.; subsection 11B-35.009(3), F.A.C., which states for individuals who request an exemption from a Commission-approved Basic Recruit Training Program, the employing agency or Criminal Justice Selection Center shall: (a) Verify that the applicant’s law enforcement training is comparable to the Commission’s Florida Law Enforcement Academy for which the exemption is requested, and at a minimum reflects successful completion of training, pursuant to the Equivalency-of-Training form CJSTC-76, for the topics of Legal, Interactions in a Diverse Community, Interviewing and Reporting Writing, Patrol (including Fundamentals, Calls for Service, and Critical Incidents), Criminal Investigations (including Crime Scene and Courtroom), Traffic Stops, Traffic Crash Investigations, Vehicle Operations, First Aid or equivalent, Firearms, and Defensive Tactics. (b) Verify that the applicant’s correctional officer training is comparable to the Commission’s Florida CMS Correctional Basic Recruit Training Program whenever an exemption is requested, and at a minimum reflects successful completion of training, pursuant to Equivalency-of-Training form CJSTC-76, for the topics of Legal, Communications, Officer Safety, Facility and Equipment, Intake and release, Supervising in a Correctional Facility, Supervising Special Populations, Responding to Incidents and emergencies, Firearms, Defensive Tactics, and First Aid or Equivalent. (c) Verify that the applicant’s correctional probation officer training is comparable to the Commission’s Florida Correctional Probation Basic Recruit Training Program whenever an exemption is requested, and at a minimum reflects successful completion of training, pursuant to Equivalency-of-Training form CJSTC-76, for the topics of Legal, Interpersonal Communication Skills, Caseload Management, Supervision, Investigations, Management Information Systems, Defensive Tactics and First Aid or equivalent. (d) Verify the required training and the authenticity of documents submitted by an individual through telephone or written confirmation of documents such as, criminal justice agency training records, training school records, official transcripts, curricula or curricula summaries, certificates of completion, or other such documents that verify the applicant’s successful completion of comparable basic recruit training in another state or for the federal government, and affidavits executed by a custodian or custodians of such records or other persons with direct knowledge that support the individual’s successful completion of comparable basic recruit training. (e) Verify that the individual has met the required prior sworn experience by obtaining copies of one or more of the following: 1. Agency employee payroll record; 2. Agency employment record; 3. Employment verification by an authorized representative of the individual’s previous employer or employers; and 4. Other documentation that confirms the applicant’s previous experience and employment as an officer for at least one year; and, subsection 11B-35.009(6), F.A.C., which states Individuals applying for exemption from a Commission-approved Basic Recruit Training Program, outlined in this rule section, shall not engage in conduct that subverts or attempts to subvert the State Officer Examination process pursuant to Rule 11B-30.009, F.A.C. from Bill Bierbaum, Chair (Acting), Florida Criminal Justice Selection Center Directors Association.

Petitioner wishes to waive subsection 11B-30.0062(1), F.A.C., on behalf of: Adolf Alexandre, Gary Chan, Robert Chandler, Aaron Cady, Joseph Crystal, Andrew DeLay, Angela Costello, Christopher Frato, William Gulley, Melinda Dorman, Jesse Havens, Kenneth Jewett, Marlon Harris, Leonard Jones Jr, Ryan Kolenich, Patrick Johnson, Kyle Osinga, Cordell Petty, Terence Malaghan, Tyler Powell, Paul Read, John Piazza, Justin Smith, Shain Smith, John Renew, Jeremy Wells, Viegname Somado, Jeremy Byrd, Brian Almberg, Sean Banks, Simon Blanc, Kevin Carey, Christopher Depaolis, Jon Dubler, Wayne Fultz, Christopher Harper, Jason Jennings, Julius Rich, Thomas Ryan and Angel Serrano.

Petitioner wishes to waive subsections 11B-35.009(3), F.A.C. and 11B-35.009(6), F.A.C. on behalf of: Lorenzo Bell, Roland Kelley, James Moore, Ivan Gray, Joan Santiago Rivera, Elizabeth Turner, Yarelis Perez, Anthony Williams, Naomi Williams, Angel Valentin, Kylie Works, Crystal Woodard and Michael Gomez.

Petitioner states that he was notified an error that had occurred during conversion of the State Officer Certification Exam (SOCE) to Computer Based Testing (CBT). Petitioner states he was informed that the conversion error caused 54 Equivalency of Training (EOT) candidates to take incorrect law enforcement exams. Petitioner states that of the 54 candidates affected, 41 passed the exam that was given and 13 failed.

Petitioner states that the curriculum presented to the candidates during training included all topics tested by the incorrect exam; however, the test administered was designed to accompany a different curriculum format.

Petitioner states that if a waiver of subsection 11B-30.0062(1), F.A.C., is granted for those candidates that passed the exam, the Bureau of Training, Florida Department of Law Enforcement, has agreed to allow their passing scores on the incorrect law enforcement exam to satisfy the requirement of passing the SOCE outlined in Chapter 943.13(10), Florida Statutes.

Petitioner states that a strict application of subsection 11B-30.0062(1), F.A.C., forcing those candidates that passed the incorrect exam to re-take the correct exam would create a substantial hardship because they have shown proficiency in the subject matter by their passing score and, further, some of the candidates have become employed with agencies based upon the passing score.

Petitioner states that if a waiver of subsections 11B-35.009(3), and 11B-35.009(6), F.A.C., were granted the Bureau of Training, Florida Department of Law Enforcement has agreed to withdraw the failing SOCE grade of those candidates listed and allow criminal justice selection centers to re-issue form CJSTC-76 using the previously collected eligibility information to expedite the approval process. Petitioner states that the previously demonstrated high liability proficiencies would be deemed valid for the re-issued forms and the renewal of the one-year window to take and pass the SOCE with the issuance of the new CJSTC-76 forms.

Petitioner states that a strict application of subsections 11B-35.009(3) and 11B-35.009(6), F.A.C., would violate principles of fairness because candidates should not be punished due to a mistake not of their making.

Petitioner states that the purpose of the underlying statute would be accomplished if the waivers were 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: [phone].