NOTICE IS HEREBY GIVEN that on August 12, 2010, the Criminal Justice Standards and Training Commission has issued an order.
On July 22, 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 Jonathan Kinney and St. Johns River Community College Director of Criminal Justice Training, Gary Killam. The Petitioners seek to waive that portion of the rule requiring breath test instructors to be actively certified prior to instructing a breath test operator renewal course. Both Petitioner Kinney and the Petitioner college assert that Petitioner Kinney was otherwise qualified at the time that he taught the class, and that Petitioner Kinney has, indeed, now received the necessary certification. Receipt of the petition was published in the Florida Administrative Weekly Vol. 36, No. 31, August 6, 2010.
On August 12, 2010, at its regularly scheduled business agenda meeting held in Tampa, Florida, the Commission found that the Petitioners’ 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 Kinney had the knowledge, skills, and abilities required to instruct and, indeed, did become certified soon after instructing the course. The failure of Petitioner Kinney to become certified was an oversight by the Petitioner college 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, P. O. Box 1489, Tallahassee, Florida 32327, (850)410-7676.