NOTICE IS HEREBY GIVEN that on August 12, 2010, the Criminal Justice Standards and Training Commission has issued an order.
Pursuant to Section 120.542, F.S., a petition for a waiver of subsection 11B-27.002(4), F.A.C., was received from Duane Miller on June 22, 2010. Notice of receipt of this petition was published in the Florida Administrative Weekly, Vol. 36, No. 26, on July 2, 2010. No public comment was received. Subsection 11B-27.002(4), F.A.C., requires recruits to successfully complete basic recruit training, pass the State Officer Certification Examination, and obtain employment within four years of beginning basic recruit training. Petitioner has requested thirty additional days to obtain employment because he relied upon incorrect information in an older version of the curriculum as to how long he had to obtain employment. On August 12, 2010, at its regularly scheduled business agenda meeting held in Tampa, Florida, the Criminal Justice Standards and Training Commission granted a 30 day waiver of this rule to Duane Miller, in a final order, OGC File No.: VAR 2010-14. This rule waiver was granted because the petitioner demonstrated that a strict application of the rule would result in undue hardship to the Petitioner or would affect him differently than other similarly situated applicants and because the Petitioner could successfully fulfill the requirements of Section 943.13, F.S., by other means. Specifically, Petitioner relied to his detriment upon outdated written information in the curriculum concerning how long he had to obtain employment. The Commission found that it would violate the principles of fairness to enforce the rule upon Petitioner because Petitioner would be affected differently than other similarly situated individuals who are subject to the rule because Petitioner was given incorrect written information upon which he relied.
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 32302-1489, (850)410-7676.