a permanent waiver of Rule 11B-20.0016(3), F.A.C., from Captain David Vincent on behalf of the Citrus County Public Safety Training Center ("Petitioner"). Petitioner wishes to waive that portion of the Rule that states, in pertinent part: The ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NO.:RULE TITLE:

11B-20.0016:Inspection of Instructor Certification Applications

NOTICE IS HEREBY GIVEN that on June 9, 2017, the Florida Department of Law Enforcement received a petition for a permanent waiver of subsection 11B-20.0016(3), F.A.C., from Captain David Vincent on behalf of the Citrus County Public Safety Training Center ("Petitioner"). Petitioner wishes to waive that portion of the Rule that states, in pertinent part: The effective date of the instructor certification shall be the date the application is approved by Commission staff... In justification of its petition for waiver, Petitioner asserts that in, January of 2016, Petitioner contacted Mr. William Roberson to ask him to become a Breath Test Operator (“BTO”) Instructor for Petitioner. On February 5, 2016, Mr. Roberson completed the BTO Instructor Course, for which he received a certificate of completion and his Breath Test Instructor Performance Report. In May of 2016, Mr. Roberson began the requisite internship under the direction of another BTO Instructor and provided all paperwork necessary for his instructor certification application (“application”) to Petitioner's staff; however, Petitioner's staff, under the mistaken belief that another entity was handling Mr. Roberson’s certification, failed to submit Mr. Roberson’s application to the staff of the Criminal Justice Standards and Training Commission, leaving Mr. Roberson technically uncertified even though he had completed all the requirements for certification. In October and November of 2016, Mr. Roberson taught three BTO certification and/or re-certification courses for Petitioner after Petitioner's coordinators failed to notice that Mr. Roberson did not hold a BTO Certification. Petitioner alleges that, should the waiver not be granted, Petitioner will suffer a substantial hardship as it would be required to bring back all the students who attended the courses taught by Mr. Roberson in October and November of 2016 and put them through another course of instruction. Petitioner also alleges that the waiver satisfies the purpose of the underlying statutes, as only an error on the part of Petitioner in the processing of Mr. Roberson’s application kept Mr. Roberson from achieving certification in May of 2016.

A copy of the Petition for Variance or Waiver may be obtained by contacting: Dana Kelly, Agency Clerk- Office of the General Counsel, Florida Department of Law Enforcement, P.O. Box 1489, Tallahassee, FL 32302 or by phone at [phone].