NOTICE IS HEREBY GIVEN that on July 22, 2010, the Criminal Justice Standards and Training Commission, received a petition for permanent wavier of subparagraphs 11B-20.0014(3)(d)5. and 6., F.A.C., by St. Johns River Community College on behalf of Instructor Jonathan Daniel Kinney. The rule requires that breath test operator instructors: 1. Successfully complete a Breath Test internship supervised by a certified Breath Test Instructor and document on the Instructor Competency Checklist form CJSTC-81; and, 2. Be evaluated by his or her students. Student evaluations shall be reviewed with the instructor applicant by a training center director, agency administrator, or an instructor designated by the training center director or agency administrator, and shall be documented on form CJSTC-81, which shall be maintained in the instructor’s file at the training school or agency. Petitioner asserts that Instructor Kinney had not completed these aspects of breath test operator instructor training prior to instructing a breath test operator refresher course for the Petitioner. Petitioner asserts that the oversight was unintentional and has been corrected. Petitioner asserts that the application of the rule creates a substantial hardship and violates the principles of fairness in this case.
A copy of the Petition for Variance or Waiver may be obtained by contacting: Grace A. Jaye, Assistant General Counsel, Florida Department of Law Enforcement, Post Office Box 1489, Tallahassee, FL 32302, (850)410-7676.