NOTICE IS HEREBY GIVEN that on January 13, 2012, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of paragraph 11B-35.001(9)(b), F.A.C., by the Manatee County Sheriff’s Office Training Center. Paragraph 11B-35.001(9)(b), F.A.C., requires officer completing Specialized Training courses to pass an end-of-course examination with a score of 85% or better. Petitioner supports the requested waiver by stating that the instructor and the student at issue both believed that a passing score for the course was still 75% and not 85% because the rule change mandating a higher passing score had taken effect less than one month prior to the commencement of the week-long course at issue. The Petitioner states that the student at issue is a full-time law enforcement officer and that he would suffer a substantial hardship if his score is not recognized as a passing score because he will not receive the benefit of his retraining and will be obliged to repeat the entire course. Petitioner further states that it would violate the principles of fairness to fail to recognize that the officer did successfully complete the requirement according to the rules as they existed one month prior to the date the officers took the end-of-course examination.
A copy of the Petition for Variance or Waiver 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.