The Criminal Justice Standards and Training Commission has issued an order. The Petitioner wishes to waive that portion of Rule 11B-35.001(9)(b), F.A.C., that requires students in the General Instructor Techniques Course to pass with a score of 85%. ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

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

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 paragraph 11B-35.001(9)(b), F.A.C., that requires students in the General Instructor Techniques Course to pass with a score of 85%. An audit of the records at FPSA showed that Petitioner was passed with a score of 84%. The Petitioner relied upon his certificate as proof of passing and 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%. Notice of receipt of the petition was published in the Florida Administrative Register Volume 39, Number 65, on April 3, 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 relied upon his instructor’s declaration that a passing score was 80% or higher on the end-of-course examination. Petitioner will suffer economic hardship under the rule as it is applied. The Commission found that the purposes of the underlying statute, Section 943.17, F.S., to ensure that instructors 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.

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].