That on June 13, 2013, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of Rule 11B-18.005(5)(b) & (d), F.A.C., from State Regional Law Enforcement Training Council XIII. Rule 11B-18.005(5)(b) & (d), ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NO.:RULE TITLE:

11B-18.005:Establishment of Regional Training Councils

The Criminal Justice Standards and Training Commission hereby gives notice: that on June 13, 2013, the Criminal Justice Standards and Training Commission received a petition for a permanent waiver of paragraphs 11B-18.005(5)(b) and (d), F.A.C., from State Regional Law Enforcement Training Council XIII. Paragraphs 11B-18.005(5)(b) and (d), F.A.C., require the Region XIII Training Council to have no more than two members from any one agency and a definite panoply of members from correctional institutions. The petition supports the requested waiver by stating that there are no other correctional institutions other than the county facility run by the Sheriff’s Office. The Sheriff’s Office also runs many town police departments on contract, runs the port, and various other law enforcement venues. In order to comply with the rule, Region XIII would have to go outside of the Region to find members, which defeats the purpose of the council.

Petitioner stated that the council will suffer a substantial hardship if the waiver is not granted because the county correctional facility would not be properly represented. The council further stated that it would also violate principles of fairness to not grant the petition because the Council would have to reach out to agencies outside of the Council’s region for members to fill the seats which should be filled from within the Region.

Notice of receipt of the petition was published in the Florida Administrative Register Volume 39, Number 119, July 19, 2013.

On August 8, 2013, pursuant to notice, at a 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. The composition of the State Regional Law Enforcement Training Council XIII must be amended to permit more than two members to be from the same agency. After careful consideration of the facts in this matter, the Commission issued an order granting the Petitioner's 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].