a permanent waiver of Rule 11B-27.00225, F.A.C., from Chief Barry Fox of the St. Augustine Police Department. Petitioner wishes to permanently waive that portion of the Rule that states: (1) The employing agency is required to conduct a background ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NO.:RULE TITLE:

11B-27.00225Controlled Substance Testing Procedures

NOTICE IS HEREBY GIVEN that on April 21, 2017, the Criminal Justice Standards and Training Commission of the Florida Department of Law Enforcement, received a petition for a permanent waiver of Rule 11B-27.00225, F.A.C., from Chief Barry Fox of the St. Augustine Police Department. Petitioner wishes to permanently waive that portion of the Rule that states: (1) The employing agency is required to conduct a background investigation upon each applicant for certification, or employment or appointment, which shall include the analysis of a urine sample furnished by the applicant for the presence of controlled substances or metabolites, which shall be consistent with the procedures for drug testing pursuant to Section 112.0455, F.S. and Rule Chapter 59A-24, F.A.C., which have been adopted by the Agency for Health Care Administration. A new urine sample shall be submitted for analysis following any break-in-service.(2) The employing agency shall verify the following requirements for the collection and analysis of urine samples: (a) The procedures for collection sites and specimen collection complies with the requirements of Rule 59A-24.005, F.A.C.(b) Each applicant gave written consent prior to giving the sample for collection, analysis for evidence of controlled substances, and disclosure of the analysis results to the employing agency and to the Commission.(c) The procedures for analyzing and reporting the urine sample were consistent with Rule 59A-24.006, F.A.C.(d) The laboratory performing the analysis did analyze the urine sample for the presence of the following seven substances:1. Amphetamines (amphetamine and methamphetamine). 2. Cannabis or Cannabinoids. 3. Cocaine or Cocaine Metabolite. 4. Phencyclidine. 5. Opiates (codeine and morphine). 6. Barbiturates.7. Benzodiazepines. Petitioner alleges that prior to his employment as a law enforcement officer, Petitioner submitted to a pre-employment drug screen; however, the laboratory mistakenly conducted a six-panel drug test instead of the requisite seven-panel drug test. In justification of his petition for waiver, Petitioner asserts that he has been a full-time law enforcement officer since 1993, that he underwent and passed pre-employment background checks, that he has not been disciplined since his employment in1993, and that he has been subject to random drug screening. Additionally, Petitioner asserts that he passed a seven-panel drug screen on March 17, 2017. Petitioner alleges that, should the waiver not be granted, Petitioner will suffer a substantial hardship as he could lose his certification for not technically completing the pre-certification background check.

A copy of the Petition for Variance or Waiver may be obtained by contacting: Tina Culbertson, Florida Department of Law Enforcement, Criminal Justice Professionalism Division, P.O. Box 1489, Tallahassee, FL 32302 or by telephone at [phone].