that on June 26, 2012, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of Rule 11B-35.0024(2)(b), F.A.C., from Manatee Technical Institute Law Enforcement Academy. Rule 11B-35.0024(2)(b), F.A.C., ...

 

DEPARTMENT OF LAW ENFORCEMENT
Criminal Justice Standards and Training Commission

RULE NO.: RULE TITLE:
11B-35.0024: Student Performance in Commission-approved High-Liability Basic Recruit Training Courses and Instructor Training Courses Requiring Proficiency Demonstration

The Criminal Justice Standards and Training Commission hereby gives notice that on June 26, 2012, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of paragraph 11B-35.0024(2)(b), F.A.C., from Manatee Technical Institute Law Enforcement Academy. Paragraph 11B-35.0024(2)(b), F.A.C., requires students taking the Vehicle Operation Instructor Course to pass the course without remediation. Five students from the March 31, 2008, through April 4, 2008, Vehicle Operations Instructor course at Manatee Technical Institute Law Enforcement Academy were remediated. The petition supports the requested waiver by stating that the students would suffer a substantial hardship, as would the many students that these five have trained, by having their training nullified. The petition further states that such an outcome would violate principles of fairness.

Notice of receipt of the petition was published in the Florida Administrative Weekly Vol. 38, No. 27, July 6, 2012.

On August 9, 2012, pursuant to notice, at a meeting held in Ponte Vedra Beach, Florida, 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. These five student instructors relied upon misinformation and remediated portions of their proficiencies. The student instructors were then permitted to graduate and instruct other officers in Vehicle Operations. After careful consideration of the facts in this matter, the Commission issued an order granting the Petitioner’s 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].