That on March 26, 2012, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of Rule 11B-35.001(9)(b), F.A.C., from Florida Corrections Academy, School 66, on behalf of two Correctional Officers. Rule ...

 

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 that on March 26, 2012, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of paragraph 11B-35.001(9)(b), F.A.C., from Florida Corrections Academy, School 66, on behalf of two Correctional Officers. Paragraph 11B-35.001(9)(b), F.A.C., requires officers to achieve a passing score of 80% or higher on the end-of-course examinations for Basic Recruit Program Courses.

The petition supported the requested waiver by stating that the officers at issue achieved what they and the Petitioner understood to be passing scores on an end-of-course examination during Class 66-2011-502-6. An audit revealed a scoring discrepancy in the two officers’ scores. The officers had already graduated, passed the State Officer Certification Examination, and obtained employment when the scoring discrepancy was discovered. Petitioner brought the officers back when the scoring discrepancy was discovered, and both officers passed the end-of-course examinations that they had previously failed.

Petitioner stated that the two officers should not be penalized because the officers and the Petitioner believed that the officers passed the end-of-course examinations with their class. Petitioner stated that the officers at issue will suffer a substantial hardship if their scores are not recognized because they will not be considered to have passed the course until they retook the end-of-course examinations, which will result in impairment of their employment. Petitioner further stated that it would violate the principles of fairness to fail to recognize that the two officers and the Petitioner believed that the two officers passed the end-of-course examination with their basic recruit training class, 66-2011-502-6.

Notice of receipt of the petition was published in the Florida Administrative Weekly, Vol. 38, No. 15, April 13, 2012.

On May 10, 2012, pursuant to notice, at a meeting held in Naples, 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. These two officers took their end-of-course examinations for the basic recruit training. Both they and the Petitioner understood that they achieved passing scores. The officers were then permitted to graduate, pass the SOCE, and obtain employment prior to the discovery of a grading discrepancy on one of the end-of-course examinations which resulted in a recalculation of the officer’s grades and the realization that the officers did not, in fact, pass the examination. After careful consideration of the facts in this matter, the Commission issued an order granting the Petitioner’s waiver.

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].

The Criminal Justice Standards and Training Commission hereby gives notice that on February 29, 2012, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of subsection 11B-27.00212(14), F.A.C., from Indialantic Police Department on behalf of Sergeant Theodore Baker for the 2006-2008 (7/1/06 – 6/30/08) mandatory firearms requalification reporting cycle. Subsection 11B-27.00212(14), F.A.C., requires officers to requalify with a firearm every two years under the supervision of a CJSTC-certified firearms instructor on a course of fire mandated by Commission rule.

The petition supported the requested waiver for Sergeant Baker by stating that he did, in fact, complete the mandatory firearms requalification retraining, however, he was supervised by a non-CJSTC-certified firearms instructor. The officer at issue is a CJSTC-certified firearms instructor. Notice of receipt of the petition was published in the Florida Administrative Weekly, Vol. 38, No. 12, on March 23, 2012.

On May 10, 2012, pursuant to notice, at its regularly scheduled Business Agenda meeting held in Naples, 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 Petitioner’s officer had, in fact, completed the Commission’s course of fire and achieved passing scores. The only deficiency in Sergeant Baker’s 2008 firearms requalification was to be supervised by a non-CJSTC-certified firearms instructor. The Commission found that the purposes of the underlying statute, to ensure that officers receive adequate and timely retraining, will be met by granting this waiver request. The Commission issued an order granting the Petitioner’s waiver.

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].