The Criminal Justice Standards and Training Commission has issued an order on August 7, 2014. On June 9, 2014, the Criminal Justice Standards and Training Commission, received a petition for a waiver of 11B-35.0011(1)(h), F.A.C., by the Florida ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NO.:RULE TITLE:

11B-35.0011Basic Abilities Test Requirements for Applicant Admission into a Law Enforcement and Correctional Basic Recruit Training Program

The Criminal Justice Standards and Training Commission hereby gives notice: the Criminal Justice Standards and Training Commission has issued an order on August 7, 2014.

On June 9, 2014, the Criminal Justice Standards and Training Commission, received a petition for a waiver of paragraph 11B-35.0011(1)(h), F.A.C., by the Florida Department of Corrections (DoC) on behalf of Louis Fabien. Petitioner wished to waive that portion of the rule which requires an officer to take and pass a Basic Abilities Test (BAT) within four years of beginning Basic Recruit Training (BRT). Notice of receipt of the request was published in the Florida Administrative Register, Volume 40, Number 116, on June 16, 2014.

The facts of the case are as follows: Mr. Fabien was hired by DoC as a Temporary Employment Authorization (TEA) on January 17, 2014. Mr. Fabien had passed the BAT on January 20, 2010. DoC did not have Mr. Fabien retake his BAT prior to his entering basic recruit training in April of 2014. Mr. Fabien retook the BAT on June 2, 2014, however, this was after he began BRT. Petitioner states that Mr. Fabien cannot take the State Officer Certification Examination or begin the hiring process until he obtains a rule waiver. The only other option for Mr. Fabien is to retake the BRT he just successfully completed, which would be an onerous burden.

On August 7, 2014, at its regularly scheduled business agenda meeting held in Ponte Vedra Beach, Florida, the Commission found that the Petitioner’s situation is unique. The Petitioner demonstrated that the strict application of the Commission's rules in this case would violate the principles of fairness as concerns Mr. Fabien. The Commission found that the purposes of the underlying statute, which is to ensure that candidates for BRT have the basic abilities to ensure their suitability for training, would be met by granting this waiver request. The candidate in this case proved that he could pass BRT as well as a second BAT, and therefore, was suitable to obtain a waiver of the rule. The Commission granted the Petitioner's request for a waiver.

A copy of the Order or additional information may be obtained by contacting: Grace A. Jaye, Assistant General Counsel, Florida Department of Law Enforcement, P.O. Box 1489, Tallahassee, FL 32302 or by telephoning [phone].