That on April 23, 2014, it received a petition for a temporary waiver of the requirements of Rule 11B-27.002(4)(a)(b), F.A.C., by Andrea D. Kirkland. Petitioner wished to waive that portion of the rule which requires an officer to obtain employment ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NO.:RULE TITLE:

11B-27.002Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers

The Criminal Justice Standards and Training Commission hereby gives notice that on April 23, 2014, it received a petition for a temporary waiver of the requirements of subparagraph 11B-27.002(4)(a)(b), F.A.C., by Andrea D. Kirkland. Petitioner wished to waive that portion of the rule which requires an officer to obtain employment within four years of beginning basic recruit training. The Petitioner asserted that she could not obtain employment within the four year window. The Petitioner asserted that she was in the process of becoming hired by Florida City Police Department. The Petition stated that the operation of the rule would violate the principles of fairness because Petitioner is so close to employment with Florida City PD. The Petition stated that the operation of the rule created a substantial hardship for her because to force her to retake basic and pass the exam at this point would be penalizing her for the lengthy hiring process she has been through. Petitioner sought a temporary variance to ensure that the Petitioner can be processed into her position with Florida City PD. Notice of receipt of the petition was published in the Florida Administrative Register, Volume 40, Number 80, April 24, 2014.

On May 8, 2014, at its regularly scheduled business agenda meeting held in Jacksonville, FL, the Commission found that the Petitioner’s situation is not unique. The Petitioner did not demonstrate that the strict application of the Commission’s rules in this case would violate the principles of fairness. The Commission found that the purposes of the underlying statute, Section 943.13, F.S., to ensure that officers meet strict qualification criteria and minimum training requirements, would not be addressed in an alternative method by granting this rule waiver. The Commission denied the Petitioner’s waiver request.

A copy of the Order or additional information 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 telephone: [phone].