NOTICE IS HEREBY GIVEN that on October 29, 2009, the Criminal Justice Standards and Training Commission has issued an order.
A Petition for Waiver of subsections 11B-27.002(4), and 11B-35.002(2), (7), F.A.C., was received from Joseph Gagliardi on September 8, 2009. Notice of the Petition was published in the Florida Administrative Weekly, Vol. 35, No. 38, September 25, 2009. Mr. Gagliardi wished to waive those portions of the rules requiring candidates attending cross-over training to be Commission certified prior to beginning cross-over training or to have passed basic recruit training and have passed the State Officer Certification Examination prior to entry into the cross-over training program. Mr. Gagliardi graduated from the Commission-approved Basic Law Enforcement Recruit Program on July 23, 2009. He entered cross-over Basic Recruit Training for Corrections on July 20, 2009, prior to passing the State Officer Certification Examination (SOCE) for Law Enforcement or graduating from basic recruit training. Mr. Gagliardi passed the SOCE on August 4, 2009, after he had begun cross-over training. The Commission found that Mr. Gagliardi’s situation is not unique, nor did Mr. Gagliardi demonstrate that the strict application of the Commission’s rules in his case would violate the principles of fairness. The Commission did not find that the purposes of the underlying statute, to permit certified or certification- eligible officers in one discipline to become certified in another discipline, would be served by permitting a non-certified person who had not completed one course of criminal justice study to commence cross-over training to become certified in another discipline prior to completing even one course of study. Accordingly, the Commission denied Mr. Gagliardi’s request for a waiver of subsections 11B-27.002(4) and 11B-35.002(2), F.A.C., on October 28, 2009, at its regularly scheduled Business Agenda meeting in Panama City Beach, Florida. Mr. Gagliardi may not complete cross-over training concurrently with completing his basic recruit training.
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 32327, or by telephoning (850)410-7676.