- Petitions and Dispositions Regarding Rule Variance or Waiver (5)
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That it has issued an order. On September 20, 2013, the Criminal Justice Standards and Training Commission, received a petition for temporary waiver of Rule 11B-27.002(4), F.A.C., by Ismael Cartagena, Jr. Rule 11B-27.002(4), F.A.C., requires officers to become employed within four years of beginning basic recruit training. Notice of receipt of the petition was published in the Florida Administrative Register Volume 39, Number 185, September 23, 2013.
On November 7, 2013, pursuant to notice, at its regularly scheduled Business Agenda meeting held in Destin, Florida, the Commission ruled on the petition. The Commission found that 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 was not being actively considered for employment by any employing agency. The Commission found that the purposes of the underlying statute, Section 943.1395(1), F.S., to ensure that officers meet strict qualification criteria and minimum training requirements, would not be addressed should the waiver be granted. The Commission denied the Petitioner's waiver request.
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That it has issued an order. On September 25, 2013, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of Rule 11B-35.002(1)(a)11, and (2)(a), F.A.C., by Osceola County Sheriff’s Office. Petitioner wishes to waive that portion of the rule that requires an officer to complete a Commission-approved basic recruit training program and to obtain employment within four years of beginning such basic recruit training. The Petitioner asserts that it gave law enforcement training to three medics from the Osceola County Fire Rescue in order for them to be S.W.A.T. Medics. The Petitioner intended the training to substitute for a Commission-approved law enforcement auxiliary training. Petitioner did not send the medics to a Commission-approved law enforcement auxiliary academy, nor did Petitioner ensure that the medics were certified within four years of beginning training. The Petitioner states that the operation of the rule would violate the principles of fairness because the medics attended all of the training that they were ordered to attend, including defensive tactics and firearms training which was given by in-house Commission-certified instructors. The Petition states that the operation of the rule creates a substantial hardship for Petitioner and the medics by potentially taking the medics from their full-time employment as medics for Osceola County Fire Rescue and as part-time medics for the S.W.A.T. team if the medics were forced to attend a Commission-approved 111 hour auxiliary law enforcement academy. Petitioner seeks to have its training of the three medics recognized as equivalent to a Commission-approved law enforcement auxiliary academy and for the medics to have an additional two years from the date of the final order to complete the 80 hours of both defensive tactics and firearms instruction necessary for the medics to maintain certification as auxiliary law enforcement officers, should they be granted that certification by the Commission granting approval of the medics’ training as equivalent to that required by the Commission for auxiliary law enforcement officers..
On November 7, 2013, pursuant to notice, at its regularly scheduled Business Agenda meeting held in Destin, Florida, the Commission ruled on the petition. The Commission found that the Petitioner demonstrated that the strict application of the Commission's rules in this case would violate the principles of fairness. The Commission found that the purposes of the underlying statute, Section 943.1395(1), F.S., to ensure that officers meet strict qualification criteria and minimum training requirements, would be addressed should the waiver be granted. The Commission granted the Petitioner's waiver request.
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The CJSTC has issued an order. On September 12, 2013, the Criminal Justice Standards and Training Commission, received a petition for an emergency temporary waiver of Rule 11B-27.002(4), F.A.C., by Scott Alan King. FDLE legal staff concluded that there was no emergency because the Petitioner’s law enforcement certificate had already expired at the time he made his waiver request. Rule 11B-27.002(4), F.A.C., requires officers to become employed within four years of beginning basic recruit training. Notice of receipt of the petition was published in the Florida Administrative Register Volume 39, Number 169, September 29, 2013.
On November 7, 2013, pursuant to notice, at its regularly scheduled Business Agenda meeting held in Destin, Florida, the Commission ruled on the petition. The Commission found that 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 was no longer under consideration for employment by the Polk County Sheriff’s Office. The Commission found that the purposes of the underlying statute, Section 943.1395(1), F.S., to ensure that officers meet strict qualification criteria and minimum training requirements, would not be addressed should the waiver be granted. The Commission denied the Petitioner's waiver request.
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The Criminal Justice Standards and Training Commission has issued an order. On September 19, 2013, the Commission received a Petition from Florida Keys Community College (FKCC) on behalf of Jorge Prince for a permanent waiver of Rule 11B-35.001(1), F.A.C. 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.
Petitioner FKCC stated that Mr. Prince passed his Basic Abilities Test (BAT) at the time he was accepted into the Law Enforcement Basic Recruit Training Program January 7, 2013. The program did not start on that date, but was delayed until May 16, 2013. Petitioner FKCC stated that at the time the program actually began, Mr. Prince’s BAT had expired. Mr. Prince took and passed an additional BAT August 22, 2013. Mr. Prince has to date passed all of his course work. The Petitioner stated that Mr. Prince will graduate February 2014 and is scheduled to take the State Officer Certification Examination (SOCE) shortly thereafter. Unfortunately, because Mr. Prince’s BAT score had expired at the time he actually began basic recruit training, he is ineligible to enroll in basic recruit training and also ineligible to take the SOCE.
Petitioner requested that the Commission permanently waive the portion of Rule 11B-35.0011(1)(h), F.A.C., that would prevent Mr. Prince from graduating from basic recruit training and taking the SOCE, to begin when the basic recruit training course began until Mr. Prince took and passed the BAT for a second time on August 22, 2013. The Petitioner stated that Mr. Prince was prepared for basic recruit training and would have had no difficulty if the course had begun on the date that it had been scheduled to begin, which was January 7, 2013. The statute does not specify a time limit for BAT scores, and, in this case, the BAT score expired between the time Mr. Prince was to have begun his basic recruit training and the time that he actually began training. Mr. Prince had no control over the time lapse between those two dates.
Notice of receipt of the petition was published in the Florida Administrative Weekly Volume 39, Number 79, on April 23, 2013.
On November 7, 2013, at its regularly scheduled business agenda meeting held in Destin, FL, the Commission found that the Petitioner’s situation is unique. The Petitioner demonstrated that the strict application of the Commission's rules in this case would violate the principles of fairness. The application of the rule violates the principles of fairness in Petitioner’s situation. Petitioner will suffer economic hardship under the rule as it is applied. The Commission found that the purposes of the underlying statute, Section 943.1395(1), F.S., to ensure that officers meet strict qualification criteria and minimum training requirements, would be addressed in an alternative method by granting this rule waiver. The Commission granted the Petitioner's waiver request. Mr. Prince’s BAT scores are deemed timely and he may sit for the SOCE and his score may be released and he may be employed full-time as a Law Enforcement Officer.
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The Criminal Justice Standards and Training Commission has issued an order. On October 25, 2013, the Criminal Justice Standards and Training Commission received an emergency petition for a permanent waiver of Rule 11B-27.002(4), F.A.C., by Eugene Kight. Commission staff determined that there was no emergency because the Petitioner has until February 15, 2014 to become employed. Petitioner wished to waive that portion of the rule which requires an officer to obtain employment within four years of beginning basic recruit training. Notice of receipt of the petition was published in the Florida Administrative Register Volume 39, Number 210, on October 28, 2013.
On November 7, 2013, at its regularly scheduled business agenda meeting held in Destin, FL, the Commission found that the Petitioner’s situation is unique. The Petitioner demonstrated that the strict application of the Commission's rules in this case would violate the principles of fairness. The Commission found that the purposes of the underlying statute, Section 943.13, F.S., to ensure that officers meet strict qualification criteria and minimum training requirements, would be addressed in an alternative method by granting this rule waiver. The Commission granted the Petitioner's waiver request. The Petitioner has one year from the date of the Commission vote in this matter to become employed as a law enforcement officer.
- Notices of Meetings, Workshops and Public Hearings (10)
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Department’s Tentative Work Program for District Three, for the period 2014/2015 through 2018/2019; December 3, 2013; FDOT Midway Operations Center Conference Room, 17 Commerce Blvd, Midway, FL 32343
FDOT Milton Operations Center Conference Room, 6025 Old Bagdad Highway, Milton, FL 32583
FDOT Panama Operations Center Conference Room, 3633 Highway 390, Panama City, FL 32405
FDOT Ponce deLeon Operations Center Conference Room, 1723 Sunrise Circle, Ponce de Leon, FL 32455
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The public hearings will consist of department presentations about the tentative work program followed by a public testimony period. At each hearing, people are invited to review the tentative work program. Department staff will be available for information discussion and assistance. A court reporter will accept public comments, if desired, for entry into the public record. Written comments from all interested parties are accepted by the department at the public hearings or if received by December 31, 2013. Comments should be mailed to Billy L. Hattaway, P.E., District Secretary, Florida Department of Transportation, Post Office Box 1249, Bartow, Florida 33831.; Wednesday, December 11, 2013, 9:30 a.m. or soon thereafter; Central Florida Regional Planning Council meeting
Bartow Public Library
2150 South Broadway Avenue, Bartow, FL
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Matters pertaining to the Florida School for the Deaf and the Blind.; December 6, 2013, 9:00 a.m.; Center for Leadership Development, Moore Hall, Room 126, FSDB Campus, 207 N. San Marco Avenue, St. Augustine, FL 32084
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This is a quarterly meeting of the Steering Committee for the Florida Beaches Habitat Conservation Plan. Topics to be discussed include staff updates from the last quarter and legislative considerations relating to implementation of the Plan. No votes will be taken.; December 5, 2013, 9:00 A.M.; Bryant Building, Room #272, 620 South Meridian Street, Tallahassee, FL 32399-1600.
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Business before the Information Systems Advisory Committee.; Wednesday, December 4, 2013 at 1;30 p.m.; Conference Call, 1-866-361-7525 Conf ID: 4869641229#
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To consider and provide recommendations to the Commission regarding requests for waivers (as listed below) and other business for the Commission.
1. The Alamo Hotel – 4121 Indian Creek, Miami Beach
2. South Beach 18 LLC, 125 18 Street, Miami Beach
3. AXIS, 1437-1439 Washington Avenue, Miami Beach
4. One Story Retail Building, 7350 Biscayne Boulevard, Miami
5. 2501 Riverside Avenue Renovation, 2501 Riverside Avenue, Jacksonville
6. Emotions AP LLC – Hotel/Rooming House, 927 Jefferson Avenue, Miami Beach
7. Space D, 1471 Capital Circle, Tallahassee
8. Dewey’s Indoor Golf and Sports Grill, 7720 Turkey Lake Road, Orlando
; December 2, 2013 at 2:00p.m. – until Completion; : Meeting to be conducted using communications media technology, specifically teleconference and webinar: You must access both the teleconference number for audio only and the webinar for visual only.
To join the online meeting (Now from mobile devices!)
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1. Go to https://suncom.webex.com/suncom/j.php?ED=46259733&UID=0&RT=MiMxMQ%3D%3D
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To join the teleconference only
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Provide your phone number when you join the meeting to receive a call back. Alternatively, you can call:
Call-in toll-free number: 1-888-670 3525 (US)
Attendee access code: 606 232 6940
Public point of access: Florida Building Commission, Office of Codes and Standards, Department of Business and Professional Regulation, Suite 90A, 1940 North Monroe Street, Tallahassee, Florida.
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The Florida KidCare Coordinating Council, an advisory body appointed by the Florida Department of Health, will meet on Friday, December 6, 2013, 1:00 p.m. – 4:00 p.m. in Tallahassee to discuss Florida KidCare, the state children’s health insurance program. The Council is charged with making recommendations concerning the implementation and operation of the program.; Friday, December 6, 2013
1:00 p.m. – 4:00 p.m. EST; Capital Circle Office Center
4025 Esplanade Way, Room # 301
Tallahassee, FL 32399-0950
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Review and Vote on Cancer Center of Excellence Award's requirements; November 26, 2013, 4:00 p.m. - 4:30 p.m.; Dial: 1-800-206-6032; passcode: 7451520#
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Changes to the State Product Approval Program. Specifically the commission seeks to determine how to include applications for product approval using product evaluation reports from evaluation entities other than those from licensed engineers or architects and to revise the payment screen of the on-line product approval application as needed to correlate with the changes to the administration function of the State Product Approval Program.; December 13, 2013, 8:30 a.m., or as soon as thereafter as the matter comes before the Florida Building Commission in accordance with its agenda.; TradeWinds Island Grand Beach Resort, 5500 Gulf Blvd, St. Pete Beach, Florida 33706.
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The Executive Steering Committee on the Medicaid Eligibility System will meet to discuss the status of system development activities.; January 3, 2013 at 9:00 AM
January 17, 2013 at 9:00AM
January 31, 2013 at 9:00 AM
February 14, 2013 at 9:00 AM
February 28, 2013 at 9:00 AM; 1317 Winewood Blvd. Bldg. 4 Tallahassee, FL 32399-0700 (Building 4 is the place for all of the above meetings.)