The Criminal Justice Standards and Training Commission has issued an order. On April 23, 2013, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of Rule 11B-35.0011(1), F.A.C., from Department of ...

 

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

The Criminal Justice Standards and Training Commission hereby gives notice: The Criminal Justice Standards and Training Commission has issued an order. On April 23, 2013, the Criminal Justice Standards and Training Commission received a petition for a permanent waiver of subsection 11B-35.0011(1), F.A.C., from Department of Corrections on behalf of David Herbert. The Petitioner wished 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 Officer Herbert passed the BAT, but the score expired before his hire date in October of 2012. Notice of receipt of the petition was published in the Florida Administrative Register Volume 39, Number 83, on April 29, 2013.

On May 9, 2013, at its regularly scheduled business agenda meeting held in Sarasota, FL, the Commission found that the Petitioner’s situation is unique. The Petitioner demonstrated that the strict application of the Commission's rules in this case would violate the principles of fairness. The application of the rule violates the principles of fairness in Petitioner’s situation because he has in hand a conditional offer of employment. Petitioner will suffer economic hardship under the rule as it is applied. The Commission found that the purposes of the underlying statute, Section 943.1395(1), F.S., to ensure that officers meet strict qualification criteria and minimum training requirements, would be addressed in an alternative method by granting this rule waiver. The Commission granted the Petitioner's waiver request. The Officer Herbert’s BAT scores are deemed timely and his SOCE scores may be released and he may be employed full-time as a Correctional Officer.

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 telephoning [phone].