The Criminal Justice Standards and Training Commission has issued an order on August 14, 2013. On April 15, 2013, the Criminal Justice Standards and Training Commission, received a petition for a waiver of Rule 11B-27.013(2) and (5), F.A.C., by ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NO.:RULE TITLE:

11B-27.013:Canine Team Certification

The Criminal Justice Standards and Training Commission hereby gives notice: the Criminal Justice Standards and Training Commission has issued an order on August 14, 2013.

On April 15, 2013, the Criminal Justice Standards and Training Commission, received a petition for a waiver of subsections 11B-27.013(2) and (5), F.A.C., by Bradford county Sheriff’s Office on behalf of Sergeant Lee Gartno and K-9 Bara. The rule requires canine teams to complete 400 hours of instruction prior to certification and to successfully complete an addition 40 hours recertification course. The Petition supported the waiver by asserting that the K-9 team did, indeed, complete all course work required for certification on December 6, 2011, and completed all course work for re-certification on December 13, 2012. The Petition stated that a form CJSTC 70 was filed in both instances. However, a review of the forms revealed that they were not signed by the evaluator, as required. During all times pertinent to this rule waiver request, the K-9 team was actively deployed. Notice of receipt of the petition was published in the Florida Administrative Weekly Volume 39, Number 76 on April 18, 2013. The petition was originally denied by the Commission on May 9, 2013, at its regularly scheduled business agenda meeting held in Sarasota, Florida. However, new information was obtained concerning the training of the canine team.

The issue was brought before the Commission again at its regularly scheduled business agenda meeting held August 8, 2013, at Ponte Vedra Beach, Florida. The Commission considered the new evidence and found that 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 Commission found that the purposes of the underlying statute, which is to ensure that canine teams have sufficient training, will be met by granting this waiver request. 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].