The Criminal Justice Standards and Training Commission has issued an order. 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 ...

 

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. 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 Howard passed the BAT on October 22, 2008. Petitioner then hired Howard on a Temporary Employment Authorization (TEA). Budget cuts forced Petitioner to terminate Howard and 190 other TEAS in 2011. Petitioner rehired Howard in September of 2012. Howard’s BAT score expired October 22, 2012. Howard entered basic recruit training December 3, 2012, and graduated February 19, 2013. She took the State Officer Certification Examination on February 27, 2013, but her scores will not be released without a waiver of the rule. Notice of receipt of the petition was published in the Florida Administrative Register Volume 39, Number 79, on April 23, 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 Howard’s BAT scores are deemed timely and her SOCE scores may be released and she 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].