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 Brent Goodlett. 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. Goodlett was hired by DoC as a Temporary Employment Authorization (TEA) on December 3, 2010. Mr. Goodlett had passed the BAT on May 15, 2010. DoC terminated Mr. Goodlett from its TEA program on June 1, 2011, as a result of budget cuts. DoC rehired Mr. Goodlett after obtaining a waiver request to permit TEAs terminated in 2011 to be rehired on new TEAs without waiting four years. Mr. Goodlett was rehired by DoC on January 3, 2014. Mr. Goodlett’s BAT had expired on May 15, 2013. Mr. Goodlett began BRT on April 21, 2014, and was scheduled to graduate on July 8, 2014. DoC realized that Mr. Goodlett’s BAT had expired, and so he retook the BAT and passed on June 2, 2014, six weeks after he had begun the academy. Petitioner states that Mr. Goodlett cannot take the State Officer Certification Examination or begin the hiring process until he obtains a rule waiver. The only other option for Mr. Goodlett 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. Goodlett. 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 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].