The Criminal Justice Standards and Training Commission has issued an order. On April 22, 2014, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of Rule 11B-30.006(2)(a), F.A.C., by Palm Beach ...

 

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 it has issued an order. On April 22, 2014, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of paragraph 11B-30.006(2)(a), F.A.C., by Palm Beach College Criminal Justice Institute on behalf of Katrina Brown and Theresa Kitchen. Petitioner wishes to waive that portion of the rule which requires recruits to pass basic recruit training (BRT) before taking the State Officer Certification Examination (SOCE). The Petitioner stated that the two named recruits were improperly permitted two remediations for defensive tactics and were improperly permitted to graduate as passing BRT. The impropriety was discovered in an audit. Unfortunately, the two recruits had already passed the SOCE at the time the issue was discovered. Petitioner brought the recruits back and they both took defensive tactics again and passed. However, they had a new completion date for BRT and it was after the date on which they passed the SOCE, which is in contravention to the rule. The Petition stated that the operation of the rule would violate the principles of fairness because the two recruits have already passed the SOCE. Further, the Petitioner states that making the recruits take the SOCE again would cause them substantial hardship and burden them in a manner unlike others who are subject to the rule. The Petition states that the purposes of the underlying statute, Section 943.13(10), F.S., which requires recruits to pass the SOCE prior to becoming certified, has already been satisfied in this case. Notice of receipt of the petition was published in the Florida Administrative Register, Volume 40, Number 79, April 23, 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 unique. The Petitioner did demonstrate that the strict application of the Commission’s rules in this case would violate the principles of fairness and cause substantial hardship to the students. 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 prior to becoming employed, would be addressed in an alternative method by granting this rule waiver. The Commission granted 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].