a permanent Waiver of Rule 11B-35.0021(8)(e), F.A.C., by Director Sandy Hotwagner, Suncoast Technical College Criminal Justice Academy, on behalf of Christopher O’Donnell. Petitioner wishes to waive that portion of the rule that states: For ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NO.:RULE TITLE:

11B-35.0021Courses and Requirements for Basic Recruit Training, Advanced, Specialized and Instructor Training Requiring Proficiency Demonstration

NOTICE IS HEREBY GIVEN that on June 9, 2016, the Criminal Justice Standards and Training Commission received a petition for a permanent Waiver of paragraph 11B-35.0021(8)(e), F.A.C., by Director Sandy Hotwagner, Suncoast Technical College Criminal Justice Academy, on behalf of Christopher O’Donnell. Petitioner wishes to waive that portion of the rule that states: For instruction of the Speed Measurement Course or the Speed Measurement Instructor Course, there shall be one Commission-certified Speed Measurement Instructor for each class. Speed Measurement Device Operators are authorized to instruct the practical exercises in the Speed Measurement Course or the Speed Measurement Instructor Course under the supervision of a certified Speed Measurement Instructor. A copy of the Instructor Exemption form CJSTC-82 shall be maintained in the course file. Petitioner states that on the dates July 28 – August 1, 2014, Christopher O’Donnell was the lead instructor for a Speed Measurement training course. Petitioner states that Christopher O’Donnell completed his internship on July 28, 2014, supervised by certified Speed Measurement Instructor Robert Brongel that was documented on a CJSTC – 81 form. In addition, Mr. O’Donnell signed his Instructor Certification Application (CJSTC – 71 form) in order to apply for Speed Measurement Instructor Certification. Petitioner states that the former training center director did not formally apply for Mr. O’Donnell’s Speed Measurement Instructor certification until August 20, 2014 which is the date that his instructor certificate was activated in ATMS.4. Petitioner states that should this waiver not be granted, all twenty-one students taught under Christopher O’Donnell’s instruction would be forced to return and repeat the Speed Measurement course. All agencies represented by these twenty-one students would need to be contacted as well as the Clerk of Courts. Any traffic citations issued on or after August 1, 2014 to the present time would need to be reviewed for dismissal and reimbursements. Petitioner states it would cause an undue hardship on the twenty-one students who would be required to return to Suncoast Technical College and take the Speed Measurement course again.

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 at [phone].