a waiver of Rule 11B-27.00213(4)(b), F.A.C. from Stacy Arias, Florida Department of Corrections, on behalf of Ishwan Spradley. The Petitioner wishes to waive that portion of the rule that states: (4) Agencies applying to temporarily employ or ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NO.:RULE TITLE:

11B-27.00213Temporary Employment Authorization

NOTICE IS HEREBY GIVEN that on June 2, 2015, the Criminal Justice Standards and Training Commission received a petition for a waiver of paragraph 11B-27.00213(4)(b), F.A.C., from Stacy Arias, Florida Department of Corrections, on behalf of Ishwan Spradley. The Petitioner wishes to waive that portion of the rule that states: (4) Agencies applying to temporarily employ or appoint an individual who has had a previous TEA registered with the Commission in the same discipline, may do so only if: (b) The individual was previously hired on a TEA and has separated from the employing agency or discontinued training while still in good standing, and has had a break-in-service from the last employment for a minimum of four years. Such individual shall comply with the firearms training requirements pursuant to Rule 11B-35.0024, F.A.C. and paragraph 943.17(1)(a), F.S., unless the agency administrator has waived such requirements in subsection (2) of this rule section, and shall enroll in a Commission-approved Basic Recruit Training Program within 180 days of employment in the first training program offered in the geographic area, or in the first assigned state training program for a state officer.

Petitioner states that Mr. Spradley was hired by the Department of Corrections on January 17, 2014 as a correctional officer in a Temporary Employment Authorization (TEA) status. Petitioner states that Mr. Spradley began active military duty on May 27, 2014, prior to being enrolled in a training academy. Petitioner states that Mr. Spradley was released from active duty on January 14, 2015 and on April 11, 2015 Mr. Spradley notified Jefferson Correctional Institution of his intent to return to duty. Petitioner states that a human resource officer with the Department of Corrections contacted FDLE regarding the period that could be tolled due to Mr. Spradley’s military service and was advised that tolling only applied to the time covered by the DD-214 which ended January 17, 2015. Petitioner states that the waiver is requested so that Mr. Spradley can be rehired under a second Temporary Employment Authorization. Petitioner states that the purpose of the underlying statute would be served if the waiver were to be granted and that a 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, [phone].