permanent waiver of Rule 11B-27.002(2)(a), F.A.C. which states: For law enforcement, correctional, and correctional probation officer applicants who have not been previously certified and who have complied with the certification requirements ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NO.RULE TITLE

11B-27.002Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers

NOTICE IS HEREBY GIVEN that on January 7, 2014, the Department of Law Enforcement Criminal Justice Standards and Training Commission, received a petition for permanent waiver of paragraph 11B-27.002(2)(a), F.A.C., which states: For law enforcement, correctional, and correctional probation officer applicants who have not been previously certified and who have complied with the certification requirements pursuant to Sections 943.13(1)-(10), F.S., the employing agency shall certify to the Commission that the applicant is eligible for certification by submitting to Commission staff or electronically transmitting through the Commission’s Automated Training Management System (ATMS), a completed Officer Certification Application, form CJSTC-59, revised December 16, 2010 (effective 3/2013), hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-02234, within 30 days of the applicant’s compliance with the certification requirements, notwithstanding whether the applicant is separated from employment. Upon receipt of an Officer Certification Application Deficiency Notification, form CJSTC-259, revised November 8, 2007, hereby incorporated by reference, the employing agency shall maintain on file, a copy of form CJSTC-59 and any other employment documentation. Forms CJSTC-59 and CJSTC-259 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/Content/CJST/Publications/Professionalism-Program-Forms.aspx, or by contacting Commission staff at [phone]. The employing agency shall submit a copy of form CJSTC-259 and the missing or deficient documentation to Commission staff within 90 days of the date the form was signed and issued to the agency. Failure by the employing agency to submit missing or deficient documentation within the required 90 days may result in denial of an applicant’s request for certification. An officer applicant shall not work as a sworn officer prior to meeting the requirements of Section 943.13, F.S., except as authorized pursuant to Section 943.131, F.S.

Petitioner also seeks a permanent waiver of subsection 11B-27.002(4), F.A.C., which 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, and gain employment as an officer. An individual who is not employed as an officer in the discipline for which training was completed, within four years of the date of beginning such training, shall, as a condition for obtaining employment or appointment, comply with the following requirements: (a) Successfully complete a Commission-approved Basic Recruit Training Program pursuant to Rule 11B-35.002, F.A.C., or qualify for an exemption from a Commission-approved Basic Recruit Training Program, pursuant to Section 943.131(2), F.S., to include demonstration of proficiency in the High-Liability Basic Recruit Training Courses pursuant to Rule 11B-35.0024, F.A.C.; and (b) Achieve a passing score on the State Officer Certification Examination.

Petitioner states that Reserve Officer Mark A. Wolfe attended and successfully completed the 360 hour Auxiliary Law Enforcement Core Course, sequence number 31-2006-211-2 at the Northeast Florida Criminal Justice Center between September 26, 2006 to March 20, 2007. Petitioner states that due to a clerical omission, Reserve Officer Wolfe’s required drug screen was never entered as completed therefore, the Jacksonville Sheriff’s Office never officially certified him as an auxiliary officer with the department. Petitioner states that Reserve Officer Wolfe has been an exemplary employee since 2007, earning the rank of Sergeant within the Reserve/Auxiliary Unit and has volunteered over 1,722 hours to the department. Petitioner states that once it was discovered that Reserve Officer Wolfe’s drug screen paperwork was missing, he attempted to acquire a copy of the drug screen from the provider without success due to a change in ownership. Petitioner states that Officer Wolfe was however able to acquire a copy of a receipt showing payment for the drug screen.

Petitioner states that more than four years have elapsed since Reserve Officer Wolfe attended the academy however, he has maintained all FDLE and Jacksonville Sheriff’s Office mandated training requirements. Petitioner states that forcing Reserve Officer Wolfe to comply with the rule and re-take the entire 360 hour basic course because of a mistake by the Jacksonville Sheriff’s Office would create a substantial hardship; violate principles of fairness; and, affect Reserve Officer Wolfe in a manner significantly different from the way it affects other similarly situated persons who are subject to the rule. Petitioner states that granting of the waiver would serve the purposes of the underlying statute.

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 at: [phone].