The Criminal Justice Standards and Training Commission hereby gives notice:
On November 1, 2011, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of paragraph 11B-35.001(9)(b), F.A.C., from Valencia College Police Department on behalf of two Correctional Officers. Paragraph 11B-35.001(9)(b), F.A.C., requires officers to achieve a passing score of 80% or higher on Advanced and Specific Specialized Training Program Courses. The petition supported the requested waiver by stating that the officers at issue achieved what would have been passing scores (76%) under the old rule that took effect the week before the two officers took their end-of-course examinations. Petitioner stated that the two officers should not be penalized because of the rule change that increased the passing scores from 75% to 80% when that rule change took effect immediately prior to the end-of-course examinations in which the two officers were affected. Petitioner stated that the officers at issue will suffer a substantial hardship if their scores are not recognized because they will not receive the benefit of their retraining and will be obliged to repeat the entire course. Petitioner further stated that it would violate the principles of fairness to fail to recognize that the officers did successfully complete the requirement according to the rules as they existed prior to the date the two officers took the examination.
Notice of receipt of the petition was published in the Florida Administrative Weekly, Vol. 37, No. 46, November 18, 2011.
On December 7, 2011, pursuant to notice, at a special telephonic meeting originating in Tallahassee, Florida, 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. These two officers who took the examination for the Criminal Law course one week after the rule changed the passing score for the course should not be penalized. The Commission issued an order granting the Petitioner’s 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 32302 or by telephoning (850)410-7676.