a permanent waiver of Rule 11B-35.001(9)(b), F.A.C., from Jesse D. Poole. Petitioner took the Florida General Instructor Techniques course at the Southwest Florida Public Service Academy (FPSA). Rule 11B-35.001(9)(b), F.A.C., requires students in ...

 

DEPARTMENT OF LAW ENFORCEMENT
Criminal Justice Standards and Training Commission

RULE NO.: RULE TITLE:
11B-35.001: General Training Programs; Requirements and Specifications

NOTICE IS HEREBY GIVEN that on March 28, 2013, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of Paragraph 11B-35.001(9)(b), F.A.C., from Jesse D. Poole. Petitioner took the Florida General Instructor Techniques course at the Southwest Florida Public Service Academy (FPSA). Rule 11B-35.001(9)(b), F.A.C., requires students in the General Instructor Techniques Course to pass with a score of 85%. An audit of the records at FPSA shows that Petitioner was passed with a score of 84%. The petition supports the requested waiver by stating that the Petitioner relied upon his certificate as proof of passing and that his instructor had declared to the class that a passing score was 80% or higher. The Petitioner would have passed the end-of-course examination except for a change in the rule on September 28, 2009, in which the passing score was changed from 75% to 85%. The Petitioner states that he should not be penalized because he relied upon the FPSA instructor knowing the rules regarding end-of-course examinations. Petitioner states that he will suffer substantial hardship if his scores are not recognized because he will not receive the benefit of having passed the course. He also states that the application of the rule affects him differently than others subject to the rule because he has used his certificate to teach courses in 2011; and, he is attempting to find employment in which being a CJSTC Certified General Instructor is vital. Petitioner is concerned that potential employers will assume that he was untruthful on the applications which he submitted before he learned that an audit of his class showed he did not pass the CJSTC General Instructor Course.
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].