that on August 9, 2012, the Criminal Justice Standards and Training Commission has issued an order. On July 31, 2012, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of Rule 11B-27.002(4), F.A.C., ...

 

DEPARTMENT OF LAW ENFORCEMENT
Criminal Justice Standards and Training Commission

RULE NO.: RULE TITLE:
11B-27.002: Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers

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 31, 2012, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of subsection 11B-27.002(4), F.A.C., by the Rockledge Police Department on behalf of Nichole Parrish. Subsection 11B-27.002(4), F.A.C., requires officers to become employed within four years of beginning basic recruit training. 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 was in the process of completing the hiring of Ms. Parrish when Ms. Parrish became subject to the restriction of subsection 11B-27.002(4), F.A.C. The Commission found that the purposes of the underlying statute, Section 943.1395(1), F.S., to ensure that officers meet strict qualification criteria and minimum training requirements, is being addressed in an alternative method by granting this rule waiver. The Commission granted the Petitioner’s waiver permanently for the completion of hiring protocols. The Commission granted a similar request on behalf of Brian Call and Pasco County Sheriff’s Office at the August, 2007, Commission meeting in case number VAR-2007-24. In that case, as in this case, the agency had begun the hiring process prior to the expiry of the employee’s four years. Likewise, in VAR-2007-24, the employment was not completed prior to the expiry of the four years through no fault of the officer.

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].