a waiver of Rule 11B-27.002(4)(a) and (b), F.A.C. on behalf of Joshua Aponte. Petitioner wishes to waive that portion of the rule that states: (4)(a) Within four years of the beginning date of a Commission-approved Basic Recruit Training Program, ...

 

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 15, 2015, the Criminal Justice Standards and Training Commission, received a petition for a waiver of paragraphs 11B-27.002(4)(a) and (b), F.A.C., on behalf of Joshua Aponte. Petitioner wishes to waive that portion of the rule that states: (4)(a) 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.

(b) An individual who fails to comply with the requirements in paragraph (4)(a) of this rule section for the discipline in which the training was completed, within four years of the date of beginning such training, shall as a condition for obtaining employment comply with the following:

1. Successfully complete a Commission-approved Basic Recruit Training Program pursuant to Rule 11B-35.002, F.A.C., or qualify for an exemption from a Commission-approved Basic Recruit Training Program, pursuant to Section 943.131(2), F.S., to include demonstration of proficiency in the High-Liability Basic Recruit Training Courses pursuant to Rule 11B-35.0024, F.A.C.; and

2. Achieve a passing score on the State Officer Certification Examination.

Petitioner states that directly after passing the LEO State Exam, he applied to various agencies including: Orange Country Sherriff’s Office, Orlando Police Department, and Cocoa Beach Police Department. Petitioner states that the application process for each agency was quite lengthy and that he was working full time as a Corrections Officer at Central Florida Reception Center in Orlando, FL. Petitioner states that the process of applying to these agencies took place during the first 2 years following his certification. Petitioner states that during the application process his wife became ill after a car crash; undergoing several surgeries during the last 2 years, and also became pregnant. Petitioner states that due to his wife's health she was labeled high risk and spent a majority of her pregnancy on bed rest. Petitioner states that he had to work a full time job, while caring for his 4-year-old son and transporting his wife to specialists weekly. Petitioner states that strict application of the rule would create a hardship and violate the principles of fairness because he could not utilize the full 4 years provided by the rule to find employment due to caring for his sick wife. Petitioner states that he has met all requirements under FS 943.13 and would be fully eligible for employment and the purpose of the underlying statute would be achieved if the waiver is granted.

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].