NOTICE IS HEREBY GIVEN that on January 29, 2009, the Criminal Justice Standards and Training Commission has issued an order.
Latonya Buchanan filed a request for waiver of Rule 11B-30.006, Florida Administrative Code, on October 30, 2008. The original petition was returned as insufficient. Petitioner refiled her petition on December 11, 2008. That petition was determined to be sufficient. Notice of the petition was filed with the Florida Administrative Weekly on December 24, 2008, for publication in Vol. 35, No. 1, January 9, 2009. Ms. Buchanan wished to waive that portion of the rule which requires a recruit to successfully complete (pass) basic recruit training prior to taking the State Officer Certification Examination. The Commission considered Ms. Buchanan's rule waiver request at its regularly scheduled Business Agenda meeting held in Lake Mary, Florida, on January 29, 2009. Ms. Buchanan was present. The Commission decided that the evidence provided by Ms. Buchanan failed to show that she had even attempted to find employment until she was ineligible to do so, and thus her consideration for whether she had actually passed the firearms and defensive tactics portions of basic recruit training prior to taking the State Officer Certification Examination was untimely and misplaced. As a consequence, the Commission voted to deny Ms. Buchanan’s request for a waiver of Rule 11B-30.006, Florida Administrative Code, because Ms. Buchanan did not allege facts that showed that the application of the rule to her circumstances violated the principles of fairness or facts that showed the operation of the rule created a substantial hardship for her. Ms. Buchanan further failed to allege facts that would show that granting her requested waiver would satisfy the purpose of the underlying statutes, Sections 943.12(17), 943.131(2), 943.1397, F.S.
A copy of the Order may be obtained by contacting: Grace A. Jaye, Assistant General Counsel, Florida Department of Law Enforcement, P. O. Box 1489, Tallahassee, FL 32302, (850)410-7676.