a temporary eight month waiver of subsection 11B-35.002(2)(a), F.A.C. from Union County Sheriff Brad Whitehead on behalf of Richard A. Shuler, Jr. Petitioner wishes to waive that portion of the rule that states within four years of the beginning ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NO.:RULE TITLE:

11B-35.002Basic Recruit Training Programs for Law Enforcement, Correctional, and Correctional Probation

NOTICE IS HEREBY GIVEN that on September 11, 2014, the Department Of Law Enforcement, Criminal Justice Standards and Training Commission, received a petition for a temporary eight month waiver of paragraph 11B-35.002(2)(a), F.A.C., from Union County Sheriff Brad Whitehead on behalf of Richard A. Shuler, Jr. Petitioner wishes to waive that portion of the rule that states within four years of the beginning date of a Commission-approved Basic Recruit Training Program, an individual shall successfully complete the program, achieve a passing score on the applicable State Officer Certification Examination (SOCE) pursuant to Rule 11B-30.0062, F.A.C., and gain employment and certification as an officer.

Petitioner states that Shuler passed his cross-over corrections to law enforcement State Officer Certification Examination on September 29, 2010, and was under the impression that the four year period within which to become employed as a law enforcement officer began on the date he passed the exam. Petitioner states that Shuler suffered a serious leg injury in 2011 requiring two surgeries and eight months of physical rehabilitation. Petitioner states that Shuler applied for a Reserve Deputy position with the Union County S.O. in 2013, however a position was not available at that time. Petitioner states that Shuler’s paperwork has been processed for a position as a part-time correctional officer and that the Union County S.O. is in immediate need of a reserve deputy sheriff. Petitioner states that if the requested waiver is granted, Shuler’s law enforcement certification will be processed immediately.

Petitioner states that the purpose of Sections 943.12 and 943.17, F.S. has been achieved and that a literal application of the rule affects Shuler in a manner significantly different from the way it affects other similarly situated persons who are subject to the rule.

A copy of the Petition for Variance or Waiver 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].