a permanent waiver of Rule 11B-35.0011(1)(h), F.A.C., from the Florida Keys Community College on behalf of Jorge Prince. The Petitioner wishes to waive that portion of the rule that states a Basic Abilities Test (BAT) score is only good for four ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NO.:RULE TITLE:

11B-35.0011Requirements for Applicant Admission into a Law Enforcement, Correctional, and Correctional Probation Basic Recruit Training Program

NOTICE IS HEREBY GIVEN that on September 20, 2013, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of paragraph 11B-35.0011(1)(h), F.A.C., from the Florida Keys Community College on behalf of Jorge Prince. The Petitioner wishes to waive that portion of the rule that states a Basic Abilities Test (BAT) score is only good for four years from the date of the test. The Petitioner stated that Mr. Prince passed the BAT on January 21, 2009. Mr. Prince was set to enter basic recruit training with the Petitioner on January 7, 2013, when his BAT score would still be valid. The basic recruit training did not begin until May 16, 2013, after Mr. Prince’s BAT score had become invalid. Mr. Prince retook the BAT and passed it on August 22, 2013. Petitioner requests a permanent waiver of the rule to cover the time between the start of basic recruit training and the date Mr. Prince successfully retook the BAT.

Petitioner asserts that the rule treats Mr. Prince differently than others subject to it because he had a valid BAT score as of the date law enforcement basic recruit training was to have begun. Because Petitioner delayed the start date of basic recruit training, Mr. Prince’s BAT score was no longer valid. Petitioner states that the application of the rule violates the principles of fairness in Mr. Prince’s situation because the BAT is to show fitness to enter basic, and Mr. Prince is currently passing basic. Petitioner states that Mr. Prince will suffer economic hardship under the rule as it is applied. Petitioner states that the underlying statute has already been fulfilled because Mr. Prince is currently passing basic recruit training.

A copy of the Petition for Variance or Waiver 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].