Notice of Variances and Waivers
RULE NO.: RULE TITLE:
11B-27.002: Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers
The Criminal Justice Standards and Training Commission hereby gives notice:
That it has issued an order. August 30, 2011, the Criminal Justice Standards and Training Commission, received a petition for a variance of subsection 11B-27.002(4), F.A.C., from Diego Abel Colon-Batiz. Subsection 11B-27.002(4), F.A.C., requires recruits to complete basic recruit training, pass the SOCE, and gain employment within four years of beginning basic recruit training. The petition states that the Petitioner began basic on April 2, 2007, and paid his own way through basic by working full time. Petitioner further states that he was injured while completing basic and that prevented him from graduating until August 13, 2008. Petitioner states that he will suffer a substantial hardship if he is not permitted an extra six months to find employment because he will have to retake basic recruit training and retake the SOCE. The Petitioner requests an extra six months to find employment.
Notice of receipt of the petition was published in the Florida Administrative Weekly Vol. 37, No. 37 on September 16, 2011.
On October 27, 2011, at its regularly scheduled business agenda meeting held in Ponte Vedra Beach, 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 variance.
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 or by telephoning (850)410-7676.