Notice of Variances and Waivers

DEPARTMENT OF LAW ENFORCEMENT
Criminal Justice Standards and Training Commission
RULE NO.: RULE TITLE:
11B-30.006: State Officer Certification Examination General Eligibility Requirements
The Criminal Justice Standards and Training Commission hereby gives notice:
On July 8, 2011, the Criminal Justice Standards and Training Commission, received a petition for a temporary variance of paragraph 11B-30.006(2)(a), F.A.C., by William M. Lamb. Paragraph 11B-30.006(2)(a), F.A.C., requires individuals wishing to take the State Officer Certification Examination to first pass basic recruit training within four years of commencing such training. The Petitioner wished to be granted a variance for six months to permit him to: complete the one class (defensive tactics) he needed to pass basic recruit training; take and pass the State Officer Certification Examination; and, gain employment in Florida as a law enforcement officer. The Petitioner stated as a reason for granting the waiver that he has been out-of-state for nearly three years caring for an ailing stepparent. The Petitioner stated that he is facing a hardship of being considered an out of state student if he is forced to recommence basic recruit training. Notice of receipt of the petition was published in the F.A.W., Vol. 37, No. 29 on July 22, 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 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, (850)410-7676.