that on June 19, 2014, the Department of Law Enforcement Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of paragraph 11B-20.0014(2)(d), F.A.C. from the Manatee Technical Institute (MIT) Law Enforcement ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NO.:RULE TITLE:

11B-20.0014Minimum Requirements for High-Liability and Specialized Instructor Certifications

The Criminal Justice Standards and Training Commission hereby gives notice that on June 19, 2014, the Department of Law Enforcement Criminal Justice Standards and Training Commission received a petition for a permanent waiver of paragraph 11B-20.0014(2)(d), F.A.C., from the Manatee Technical Institute (MIT) Law Enforcement Academy on behalf of Jay Bush, Keith Lock, Jamie L. Croughan, Cody A. Hobbs, Christopher G. Huddleston, Colby R. Martin, Jason T. Reaume, Benjamin R. Schlabach, Anthony S. Sizemore, Angela P. Valderra-Jiminez, and William E. Weldon, Jr. The Petitioner wishes to waive that portion of the rule which states that first aid instructor certification applicants must have completed a high-liability internship. The Petitioner stated that on December 19, 2012 and December 20, 2012, first aid instruction was delivered by Jay Bush and Keith Lock for Basic Recruit Class 17-12-1177-03 at MIT Law Enforcement Academy. That class included Jamie L. Croughan, Cody A. Hobbs, Christopher G. Huddleston, Colby R. Martin, Jason T. Reaume, Benjamin R. Schlabach, Anthony S. Sizemore, Angela P. Valderra-Jiminez, and William E. Weldon, Jr. Petitioner states that at the time the instruction was given by Jay Bush and Keith Lock both were paramedic instructors for Manatee Technical Institute however, neither had completed a high-liability internship. Petitioner states that at the time of the instruction, MIT staff were under the impression that Bush and Lock were qualified to document proficiency in first aid training due to the medical professional exception found at sub-subparagraph 11B-20-0014(2)(d)6.g., F.A.C. Petitioner states that the law enforcement academy acted in good faith when it allowed Bush and Lock to instruct and document proficiency in first aid training believing that the professional exception applied. Petitioner states that strict application of the rule would violate principles of fairness due to all recruits having to return to MIT and repeat first aid instruction, including some who are now full-time law enforcement officers. Petitioner states that the underlying statute has already been fulfilled because Bush and Lock have now completed a high liability internship as required.

Notice of receipt of petition was published in Vol. 40, No. 126, F.A.R., on June 30, 2014.

On August 7, 2014, pursuant to notice, at a meeting held in Ponte Vedra, Florida, after careful consideration of the facts in this matter, the Commission found that the Petitioners had demonstrated that a strict application of paragraph 11B-20.0014(2)(d), F.A.C., would violate principles of fairness and have a disparate impact on Petitioner that was particular to petitioners and significantly different from the way the rule affects other similarly situated persons. The Commission issued an order granting Petitioner’s petition for a permanent waiver of paragraph 1111B-20.0014(2)(d), F.A.C., on August 15, 2014 effective August 30, 2014.

A copy of the Order or additional information 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: [phone].