a permanent waiver of Paragraph 11B-35.0011(1)(h), F.A.C., from the Florida Department of Corrections (DoC) on behalf of Louis Fabien. The Petitioner wishes to waive that portion of the rule that states a Basic Abilities Test (BAT) score is only ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NO.:RULE TITLE:

11B-35.0011Basic Abilities Test Requirements for Applicant Admission into a Law Enforcement and Correctional Basic Recruit Training Program

NOTICE IS HEREBY GIVEN that on June 9, 2014, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of paragraph 11B-35.0011(1)(h), F.A.C., from the Florida Department of Corrections (DoC) on behalf of Louis Fabien. 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 Fabien passed the BAT 1/20/10 and was hired as a TEA three days prior to the expiry of the BAT score. Fabien started the academy April 21, 2014, nearly four months after the BAT had expired. Fabien took and passed the BAT again on June 2, 2014. Fabien is scheduled to graduate July 8, 2014, and to take the SOCE by late July, however he cannot because he did not have a valid BAT when he commenced the academy.

Petitioner states that the application of the rule violates the principles of fairness in Fabien’s situation because the BAT is to show fitness to enter basic, and Fabien has nearly passed basic. Petitioner states that Fabien and Petitioner suffer economic hardship under the rule as it is applied because Fabien will not obtain the status and pay change that goes with passing the SOCE and Petitioner will not gain another fully certified C.O. Petitioner states that the underlying statute has already been fulfilled because Fabien is passing basic recruit training.

A copy of the Petition for Variance or Waiver 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 telephone: [phone].