that on August 9, 2012, the Criminal Justice Standards and Training Commission has issued an order. On July 26, 2012, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of Rule 11B-27.00213(4)(b), F.A....  

  •  

    DEPARTMENT OF LAW ENFORCEMENT
    Criminal Justice Standards and Training Commission

    RULE NO.: RULE TITLE:
    11B-27.00213: Temporary Employment Authorization

    The Criminal Justice Standards and Training Commission hereby gives notice that on August 9, 2012, the Criminal Justice Standards and Training Commission has issued an order.

    On July 26, 2012, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of paragraph 11B-27.00213(4)(b), F.A.C., by the Florida Department of Corrections on behalf of three officers. Paragraph 11B-27.00213(4)(b), F.A.C., requires officers on a Temporary Employment Authorization to have a four year break in service if they separate from employment while in good standing. Notice of receipt of the petition was published in the Florida Administrative Weekly Vol. 38, No. 32, on August 10, 2012.

    On August 9, 2012, at its regularly scheduled business agenda meeting held in Ponte Vedra Beach, FL, 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 Petitioner’s TEA officers had, in fact, complied with all aspects of paragraph 11B-27.00213(4)(b), F.A.C. and Section 943.131(1), F.S. The TEA officers were involuntarily separated from employment with the Petitioner while in good standing because of the Petitioner’s budgetary issues. The Commission found that the purposes of the underlying statute, Section 943.131(1), F.S., to ensure that TEA officers do not voluntarily separate from TEA employment while in good standing merely to pursue a more attractive TEA elsewhere, will be met by granting this waiver request. The Commission granted the Petitioner’s waiver permanently for the June 3, 2011, separation. The TEA officers may obtain another TEA without waiting four years from June 3, 2011, if they comply with all other requirements for becoming TEA trainees. A similar petition for waiver of paragraph 11B-27.00213(4)(b), F.A.C., was granted by the Commission for 190 DoC TEA trainees in June of 2011. The three trainees who are the subject of this petition were inadvertently omitted from the list of TEA trainees submitted by DoC for the 2011 waiver request.

    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: (850)410-7676.

Document Information

Contact:
Grace A. Jaye, Assistant General Counsel, Florida Department of Law Enforcement, P.O. Box 1489, Tallahassee, FL 32302, or by telephoning (850) 410-7676.
Related Rules: (1)
11B-27.00213. Temporary Employment Authorization