The Criminal Justice Standards and Training Commission hereby gives notice:
That on December 29, 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 Sarasota Criminal Justice Academy on behalf of three 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 (79%) under the old rule that took effect the day before the three officers commenced the week long course. Petitioner stated that the three 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 commencement of the course in which the three 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 three officers took the examination.
Notice of receipt of the petition was published in the Florida Administrative Weekly, Vol. 38, No. 2, January 13, 2012.
On February 2, 2012, pursuant to notice, at a regularly scheduled business agenda meeting in Destin, 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 three 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.