NOTICE IS HEREBY GIVEN that on August 12, 2010, the Criminal Justice Standards and Training Commission has issued an order.
A petition for permanent waiver of paragraph 11B-27.00213(4)(b), F.A.C., was received from Eduardo Fernandez on June 29, 2010. Petitioner requested a waiver of the rule requiring him to wait four years after quitting one temporary employment authorization (TEA) before beginning another TEA. Notice of the petition was published in the Florida Administrative Weekly, Vol. 36, No. 29, on July 23, 2010. Paragraph 11B-27.00213(4)(b), F.A.C., requires individuals who have not completed a TEA to have a four-year break in service from the last date worked prior to beginning another TEA. Section 943.131(1)(a), F.S., requires those employed on a TEA to complete basic recruit training within 18 months of commencing basic recruit training, and to pass the State Officer Certification Examination within 180 days of completing basic recruit training. Section 943.131(1)(b), F.S., makes it impossible for a person to be employed on at TEA for more than 30 months, or to change employers while on a TEA. Petitioner is currently employed on a TEA with a private correction corporation. His employer has turned over its facilities to another private correction corporation that does not permit TEAs. Petitioner finds himself unable to look for work with another entity because he cannot become employed unless he is fully certified or eligible for a TEA. He is not yet fully certified and cannot complete certification without being on a TEA.
The Commission found that the application of the rule to Petitioner’s situation would violate the principles of fairness because it would affect him in a manner different from the way that is affects other similarly situated persons who are subject to the rule. The Criminal Justice Standards and Training Commission granted the Petitioner a permanent waiver of paragraph 11B-27.00213(4)(b), F.A.C., in its order issued August 12, 2010. The order grants Petitioner a waiver of that portion of the rule requiring those who have failed to complete one temporary employment authorization to wait four years before beginning a new temporary employment authorization.
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.