NOTICE IS HEREBY GIVEN that on August 12, 2010, the Criminal Justice Standards and Training Commission has issued an order.
On June 29, 2010, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of paragraph 11B-20.0014(3)(d), F.A.C., by Brevard Community College on behalf of breath test instructor, Robert Wagner. The rule requires specialized topics instructors to meet certain criteria prior to teaching courses in their specialized topic area, in this case, alcohol breath tests. Petitioner asserts that instructor Wagner completed all aspects of certification as a specialized topics instructor and submitted paperwork to the College’s Program Specialist for Breath Test Operator certification. That specialist left employment with the College without submitting the paperwork to the CJSTC for processing. Petitioner believed that his certification as a breath test instructor had been granted and taught five separate breath test operator courses for the College from June 8, 2009 to February 1, 2010. The Petitioner and the College argue that the failure to comply with all administrative requirements of the rule did not jeopardize the delivery of instruction by Petitioner. Petitioner requested a permanent waiver of paragraphs 11B-20.001(3)(d) and 11B-20.0016(1)(a)-(c), F.A.C., and that his certification as a breath test instructor be recognized as dating from June 1, 2009. Notice of receipt of the petition was published in the Florida Administrative Weekly Vol. 36, No. 28, on July 16, 2010.
On August 12, 2010, at its regularly scheduled business agenda meeting held in Tampa, 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 resulting in the need to for the Petitioner to dispense with the services of a well-qualified instructor and re-qualify officers who passed instructor Wagner’s course all because of an administrative oversight. The Commission found that the purposes of the underlying statute, to ensure that officers are properly trained, will be met by granting this waiver request. The Commission granted the Petitioner’s request to back date instructor Wagner’s certification to June 1, 2009.
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 32302-1489, (850)410-7687.