On July 25, 2011, the Criminal Justice Standards and Training Commission, received a petition for a waiver of subsection 11B-35.003(4), F.A.C., by Barry Garcia. The rule requires individuals to complete high liability training at a Commission-...

DEPARTMENT OF LAW ENFORCEMENT
Criminal Justice Standards and Training Commission

RULE NO.: RULE TITLE:
11B-35.003: Basic Recruit Training Programs for Law Enforcement, Correctional, and Correctional Probation Auxiliary Training

The Criminal Justice Standards and Training Commission hereby gives notice:
On July 25, 2011, the Criminal Justice Standards and Training Commission, received a petition for a waiver of subsection 11B-35.003(4), F.A.C., by Barry Garcia. The rule requires individuals to complete high liability training at a Commission-certified training school under Commission- certified instructors for such training to count toward becoming fully certified officers. The Petitioner wished to waive that portion of the rule requiring him to complete high liability courses at a Commission-certified training school. The petitioner completed high liability training at the agency at which he is an auxiliary officer and does not wish to repeat the courses as part of his officer certification process... Notice of receipt of the petition was published in the F.A.W., Vol. 37, No. 31 on August 5, 2011.
On August 11, 2011, at its regularly scheduled business agenda meeting held in Tampa, Florida, the Commission found that the Petitioner’s situation is not unique. The Petitioner did not demonstrate that the strict application of the Commission’s rules in this case would violate the principles of fairness. The Petitioner did not demonstrate that the high liability training that he received as an auxiliary officer is the same as the training he would receive in full basic for law enforcement certification. The Commission found that the high liability training offered by auxiliary programs is not usually conducted according to Commission rules governing how high liability courses must be conducted for certified officer training. The Commission found that the purposes of the underlying statute, to ensure that recruits receive adequate and timely retraining, will not be met by granting this waiver request. The Commission issued an order denying the Petitioner’s request for a permanent 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 32327, [phone].