That on May 16, 2014 it has issued an order granting a permanent variance. On April 16, 2014, the Criminal Justice Standards and Training Commission, received a petition for a permanent variance of Rule 11B-18.004(9)(a) and 11B-18.004(6)(a), F.A.C.,...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NO.:RULE TITLE:

11B-18.004:Regional Training Areas

The Criminal Justice Standards and Training Commission hereby gives notice that on May 16, 2014 it has issued an order granting a permanent variance. On April 16, 2014, the Criminal Justice Standards and Training Commission, received a petition for a permanent variance of paragraphs 11B-18.004(9)(a) and 11B-18.004(6)(a), F.A.C., from the Hernando County Sheriff’s Office (HCSO). These rules placed the Petitioner within Region IX for training purposes. The Petitioner wished to rejoin Region VI, which Petitioner contended provides closer training opportunities with agencies that are smaller and serve similar smaller communities than those agencies within Region IX.

Petitioner contended that it suffered a substantial hardship by being included in Region IX. It contended that the training opportunities are, on average, 61.16 miles from Petitioner’s offices. On the other hand, Petitioner asserted that training opportunities in Region VI are, on average 37.65 miles from its offices, which it contends would result in great cost reduction for training its officers. In addition, Petitioner stated that it is the smallest Sheriff’s Office in Region IX and is only one of many agencies. Region IX is the third largest region with 8044 law enforcement and correctional officers. Region VI, on the other hand is the second smallest region and serves only 1304 officers. If the Petition were granted, Petitioner stated that it would be one of the top three largest agencies in the region. Petitioner argued that if it were permitted to transfer to Region VI, it would have significant impact on training money allocated to that region, resulting in more opportunities there. Petitioner further argued that its departure from Region IX would hardly be noticed because it is so small and would not impact regional training moneys in a significant way.

Petitioner stated that granting this permanent variance will serve the purposes of the underlying statute by alleviating hardships and advancing the Commission’s directive of developing and maintaining a plan assessing regional criminal justice training needs. Petitioner argued that implicit in the clear language of the statute is that any plan ought to be functional and practical in its effect and application. Petitioner asserted that granting its Petition would better serve the training needs of the Petitioner as well as rebalance the Regions and create a cost effective, more frequent, and accessible training atmosphere.

Petitioner stated that the only other Hernando County law enforcement agency, Brooksville Police Department, is a member of Region VI. Petitioner stated that it was made a member of Region IX by a previous Sheriff who had some concerns about training at Citrus County Public Safety Training Center. That Sheriff believed membership in Region IX would result in greater training opportunities. The Petitioner stated that those opportunities did not materialize and the CCPSTC has now come under the direction of the Citrus County Sheriff’s Office and has greatly improved its training offerings for Region VI.

Notice of receipt of the petition was published in the Florida Administrative Register Volume 40, Number 76, April 18, 2014.

On May 8, 2014, pursuant to notice, at a meeting held in Jacksonville, Florida, 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 composition of the affected Regions would be realigned in a more equitable manner by granting this variance. Also, HCSO originally was a member of Region VI, so returning it to that region would pose no hardship on Region IX. After careful consideration of the facts in this matter, the Commission issued an order granting the Petitioner's permanent variance effective July 1, 2014.

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].