The Criminal Justice Standards and Training Commission (CJSTC) has granted the request for a waiver of Rule 11B-20.0014(3)(b), F.A.C., by the Florida Highway Patrol at its regularly scheduled Business Agenda meeting held at Ponte Vedra Beach, ...

 

DEPARTMENT OF LAW ENFORCEMENT
Criminal Justice Standards and Training Commission

RULE NO: RULE TITLE
11B-20.0014: Minimum Requirements for High-Liability and Specialized Topics Instructor Certification

NOTICE IS HEREBY GIVEN THAT on August 7, 2008, the Criminal Justice Standards and Training Commission has issued an order.

The Criminal Justice Standards and Training Commission (CJSTC) has granted the request for a waiver of paragraph 11B-20.0014(3)(b), F.A.C., by the Florida Highway Patrol at its regularly scheduled Business Agenda meeting held at Ponte Vedra Beach, Florida, August 7, 2008. The request for waiver was received on July 2, 2008. Notice of the waiver was given in the Florida Administrative Weekly Vol. 34, No. 28, July 18, 2008. The proposed waiver requested a permanent waiver of the requirement that Laser and Operator Certificates only be issued to students who have completed the course under the instruction of a certified instructor. The Petitioner’s instructor had completed all of the requirements for becoming an instructor, and had an instructor certificate, however, an oversight prevented his certificate from becoming renewed in a timely manner. During the time that he was operating as an instructor, but unwittingly without a renewed certificate, Petitioner’s instructor instructed a class of 15 students. If the proposed waiver were not granted, all 15 FHP troopers would have to be pulled off of Florida’s highways to retake the course and any stops they made in the interim using laser or radar would be subject to review. The CJSTC found that this waiver would achieve the purposes of the underlying statute. Further, the CJSTC found that the petitioner adequately demonstrated that the application of the rule would create a substantial hardship to it or would violate the principles of fairness. The Petitioner is affected by the rule in a manner different from others similarly situated and subject to the rule.

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