Notice of Variances and Waivers

DEPARTMENT OF FINANCIAL SERVICES
Division of State Fire Marshal
RULE NO: RULE TITLE
69A-37.084: Definitions
69A-37.085: Eligibility Requirements for Supplemental Compensation
NOTICE IS HEREBY GIVEN that on April 13, 2009, the Department of Financial Services, Division of State Fire College has issued an order.
The Order has been assigned the number 102844-09-FM. On February 19, 2009, the Department of Financial Services, Division of State Fire College, received a Petition for Variance or Waiver from Petitioner, Jonathan P. Herlocker. On March 13, 2009, a Notice of receipt of this Petition was filed in Vol. 35, No. 10, of the Florida Administrative Weekly. Petitioner sought a variance of Rules 69A-37.084 and 69A-37.085, Florida Administrative Code, which set forth the requirements for firefighter supplemental compensation. Because Petitioner holds a degree from an educational institution which has chosen not to seek accreditation over concerns that it would jeopardize its religious and philosophical distinctive. Petitioner sought a variance from the requirement that an “eligible Bachelor’s Degree” must be conferred by a post-secondary institution that has received accreditation “from an accrediting agency that is recognized by the U.S. Department of Education.” The Department examined the documentation submitted by Petitioner in support of his Petition and determined that a variance or waiver of Rules 69A-37.084 and 69A-37.085, Florida Administrative Code, was warranted to the limited extent that “accredited” does not require “accreditation from an accrediting agency that is recognized by the U.S. Department of Education” under these particular facts and circumstances.
A copy of the Order may be obtained by contacting: Regina Keenan, Senior Attorney, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0333, (850)413-4236.