a waiver of sub-paragraph 11B-35.009(6), F.A.C. from Davis Maurice Segrest. The Petitioner wishes to waive that portion of the rule that states: Demonstration of proficiency in the required High-Liability Basic Recruit Training Proficiency Skills ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NO.:RULE TITLE:

11B-35.009Exemption from Basic Recruit Training

NOTICE IS HEREBY GIVEN that on July 14, 2015, the Florida Department of Law Enforcement Criminal Justice Standards and Training Commission, received a petition for a waiver of subsection 11B-35.009(6), F.A.C. from Davis Maurice Segrest. The Petitioner wishes to waive that portion of the rule that states: Demonstration of proficiency in the required High-Liability Basic Recruit Training Proficiency Skills and passing the State Officer Certification Examination shall be completed within one year after notification of approval of the Equivalency-of-Training form CJSTC-76. Individuals who do not complete the required demonstration of proficiency in the High-Liability Basic Recruit Training Proficiency Skills and achieve a passing score on the State Officer Certification Examination within one year, are permitted to apply for another exemption from training, pursuant to Section 943.131(2), F.S., provided they meet the eligibility requirements outlined in Section 943.131(2), F.S. Petitioner states that he will retire from a position within the Federal Prison system on July 22, 2015 and that he has applied for a position with the Lake County Sheriff’s Office. Petitioner states that he was approved for an Equivalency of Training and completed the training on March 8, 2012. Petitioner states that he took, but failed the state certification exam on March 28 and September 26, 2012. Petitioner states that prior to his third attempt he discovered that his Training Form 76 had expired and was issued a form 76A extension. Petitioner states that on December 12, 2012 he appeared at a testing site in Volusia County, presented his paperwork, and was admitted to take the state officer certification exam, which he passed. Petitioner states that he was not informed that a second form 76A was required.

Petitioner states that he was advised by the Lake County Sheriff’s Office that a hold would be placed on his application due to the oversight at the testing center. Petitioner states that he has shown proficiency in the high liability areas and has passed the state officer certification exam. Petitioner states that requiring him to complete another equivalency of training and, take and pass another states officer certification exam would create a great hardship on him and his family. Petitioner states that strict application of the rule would result in unreasonable, unfair and unintended results in this instance.

A copy of the Petition for Variance or Waiver may be obtained by contacting: Linton B. Eason, Assistant General Counsel, Florida Department of Law Enforcement, P.O. Box 1489, Tallahassee, FL 32302 or by telephone: [phone].