NOTICE IS HEREBY GIVEN that on February 04, 2010, the Criminal Justice Standards and Training Commission has issued an order.
A Petition for Waiver of Rule 11B-35.0024, F.A.C., was received from Santa Fe Community College, on December 21, 2009. Notice of the Petition was published in the Florida Administrative Weekly, Vol. 36, No. 1, January 8, 2010. Santa Fe Community College (hereafter Petitioner) petitioned to waive the requirement in the rule that all aspects of the CJSTC-6 CMS form be completed. The Petitioner requested a permanent waiver to cover all Defensive Tactics courses taught from May 20, 2005 to September 22, 2009. The Petitioner stated that its instructors met all the requirements for correctly teaching the defensive tactics courses at issue, but failed to completely fill in all aspects of the CJSTC-6 CMS forms for courses taught during the time in question.
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 resulting in the need to requalify many working officers who suffered no disability in training as a result of the failure to complete the CJSTC-6 CMS forms. The Commission found that the purposes of the underlying statute, to ensure that criminal justice training is carried out uniformly throughout all Commission-certified training schools, would be served by permitting a waiver of a clerical, as opposed to tactical training, requirement. Accordingly, the Commission granted Petitioner’s request for a waiver of Rule 11B-35.0024, F.A.C., on February 4, 2010, at its regularly scheduled Business Agenda meeting in Lake Mary, Florida.
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, Florida 32327, (850)410-7676.