NOTICE IS HEREBY GIVEN that on May 20, 2010, the Criminal Justice Standards and Training Commission has issued an order.
On May 16, 2010, the Criminal Justice Standards and Training Commission, received a petition for waiver of subparagraphs 11B-20.0014(3)(d)5. and 6., F.A.C., by Sgt. William Miller of the Sarasota Criminal Justice Academy. Sgt. Miller seeks to waive that portion of the rule requiring breath test instructors to be actively certified prior to instructing a breath test operator renewal course. Sgt. Miller and the SCJA assert that the Petitioner was otherwise qualified at the time he taught the class, and that the Petitioner has, indeed, now received the necessary certification. Receipt of the petition was published in the Florida Administrative Weekly Vol. 36, No. 22, June 4, 2010.
On May 20, 2010, at its regularly scheduled business agenda meeting held in Ocala, 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. The Commission found that the purposes of the underlying statute, to ensure that alcohol breath test operator instructors are certified prior to instructing courses, will be met by granting this waiver request. The Commission found that the Petitioner had the knowledge, skills, and abilities required to instruct and, indeed, did become certified soon after instructing the course. The failure of the Petitioner to become certified was an oversight by the Petitioner and was not flagrant. The Commission granted the Petitioner’s waiver.
A copy of the Order may be obtained by contacting: Grace A. Jaye, Assistant General Counsel, Florida Department of Law Enforcement, Post Office Box 1489, Tallahassee, Florida 32327, (850)410-7676.