a permanent variance and/or waiver of paragraph 11B-27.002(4)(a), F.A.C. and section 943.131(2), F.S. from Luz Borges, Esq., on behalf of Bradie S. Allen. The Petitioner wishes to waive that potion of the rule which states: within four years of the ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NO.:RULE TITLE:

11B-27.002Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers

NOTICE IS HEREBY GIVEN that on July 25, 2014, the Florida Department of Law Enforcement Criminal Justice Standards and Training Commission received a petition for a permanent variance and/or waiver of paragraph 11B-27.002(4)(a), F.A.C., and Section 943.131(2), F.S., from Luz Borges, Esq., on behalf of Bradie S. Allen. The Petitioner wishes to waive that potion of the rule which states: within four years of the beginning date of a Commission-approved Basic Recruit Training Program, an individual shall successfully complete the program, achieve a passing score on the applicable State Officer Certification Examination, and gain employment, and certification as an officer. Petitioner also seeks an exemption from the requirements of Section 943.131(2), F.S., which provides: If an applicant seeks an exemption from completing a commission-approved basic recruit training program, the employing agency or criminal justice selection center must verify that the applicant has successfully completed a comparable basic recruit training program for the discipline in which the applicant is seeking certification in another state or for the Federal Government or a previous Florida basic recruit training program. Further, the employing agency or criminal justice selection center must verify that the applicant has served as a full-time sworn officer in another state or for the Federal Government for at least 1 year provided there is no more than an 8-year break in employment or was a previously certified Florida officer provided there is no more than an 8-year break in employment, as measured from the separation date of the most recent qualifying employment to the time a complete application is submitted for an exemption under this section. When the employing agency or criminal justice selection center obtains written documentation regarding the applicant's criminal justice experience, the documentation must be submitted to the commission. The commission shall adopt rules that establish criteria and procedures to determine if the applicant is exempt from completing the commission-approved basic recruit training program and, upon making a determination, shall notify the employing agency or criminal justice selection center. An applicant who is exempt from completing the commission-approved basic recruit training program must demonstrate proficiency in the high-liability areas, as defined by commission rule, and must complete the requirements of s. 943.13(10) within 1 year after receiving an exemption. If the proficiencies and requirements of s. 943.13(10) are not met within the 1st year, the applicant must seek an additional exemption pursuant to the requirements of this subsection. Except as provided in subsection (1), before the employing agency may employ or appoint the applicant as an officer, the applicant must meet the minimum qualifications described in s. 943.13(1)-(8), and must fulfill the requirements of s. 943.13(10).

Petitioner states that Allen has successfully met all enumerated requirements for employment as a law enforcement officer and, but for the misconception by Allen and instructors of employing agencies that the mandatory four year period began at completion of training and examination rather than the beginning as stated in the rule, she would have been employed by a law enforcement agency. Petitioner states that application of the rule creates a substantial hardship and violates the principles of fairness.

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 32302-1489 or by telephone: [phone].