a permanent waiver of Rule 11B-35.0011(1)(h), F.A.C., from the Florida Department of Corrections (DoC) on behalf of David Herbert. 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 23, 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 David Herbert. 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 Herbert passed the BAT before his hire date in October 2012. Petitioner states that Herbert’s BAT scores expired 48 days prior to his beginning basic recruit training. Howard successfully completed basic recruit training. He was scheduled to take the State Officer Certification Examination on April 24, 2013, but his scores will not be released without a waiver of the rule.
Petitioner states that the application of the rule violates the principles of fairness in Herbert’s situation because the BAT is to show fitness to enter basic, and Herbert has already passed basic. Petitioner states that Herbert and Petitioner suffer economic hardship under the rule as it is applied. Petitioner states that the underlying statute has already been fulfilled because Herbert 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].