The Criminal Justice Standards and Training Commission has issued an order. On April 12, 2013, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of Rules 11B-20.0014(2)(d) and 11B-35.0021(6)(d), F.A.C....

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NO.: RULE TITLE:

11B-35.0021: Courses and Requirements for Basic Recruit Training, Advanced, and Instructor Training Requiring Proficiency Demonstration

The Criminal Justice Standards and Training Commission hereby gives notice: The Criminal Justice Standards and Training Commission has issued an order. On April 12, 2013, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of paragraphs 11B-20.0014(2)(d) and 11B-35.0021(6)(d), F.A.C., by Santa Fe College Institute of Public Safety on behalf of First Aid Instructor, Jon Duff. Petitioner wished to waive that portion of subparagraph 11B-20.0014(2)(d)6., F.A.C., that requires a Florida certified Paramedic to obtain CJSTC certification before instructing basic recruit training first aid courses. The Petitioner wished to waive that portion of paragraph 11B-35.0021(6)(d), F.A.C., which requires a specified student/instructor ratio in high liability courses, including First Aid. The Petitioner stated that it hired Instructor Duff to teach First Aid to law enforcement basic recruit students. At all times pertinent to the waiver, Instructor Duff was a certified Florida Paramedic and was eligible to use that certification to obtain a CJSTC First Aid instructor certificate upon application. However, Instructor Duff did not apply for certification. Notice of receipt of the petition was published in the Florida Administrative Register Volume 39, Number 75, on April 17, 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 its First Aid Instructor, Jon Duff, is a certified Florida Paramedic and is eligible to use that to obtain an Instructor certification to teach First Aid if he were to apply for such certification. Petitioner permitted Instructor Duff to teach First Aid to recruits without applying for and receiving a certificate from the CJSTC. Instructor Duff was eligible for such certificate at all times pertinent to this waiver. 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].