Notice of Variances and Waivers
RULE NO: RULE TITLE11B-27.013
: Canine Team Certification
NOTICE IS HEREBY GIVEN that on January 29, 2009, the Criminal Justice Standards and Training Commission has issued an order.
Petition for waiver of paragraph 11B-27.013(8)(f), F.A.C., was received from Alan Kalfus on January 15, 2009. Notice of the petition was published in the Florida Administrative Weekly Vol. 35, No. 4, January 30, 2009. Petitioner sought to waive that portion of the rule that required a canine team evaluator to reapply for authorization to continue evaluating canine teams four years from the last date of approval, and to provide documentation that verifies that the canine team evaluator applicant has evaluated four canine teams within the four-year period. Mr. Kalfus provided documentation of four evaluations, but had not been aware of the requirement to reapply for continued authorization to perform canine team evaluations. The Commission met on January 29, 2009, and considered Mr. Kalfus’ petition. The Commission found that Mr. Kalfus’ circumstances are unique and that he demonstrated a substantial hardship in that the teams that he evaluated while not in strict compliance with the rule would be on uncertain ground if required to prove that they were adequately evaluated and met all requirements of rule and statute. Also, Mr. Kalfus provided the Commission with proof that he maintained records continually during the time in question as required by the Commission. Mr. Kalfus demonstrated that the requirements of the underlying statute have been met and will continue to be met through granting this waiver. Accordingly, the Commission granted Mr. Kalfus’ request for a waiver of paragraph 11B-27.013(8)(f), F.A.C., on January 29, 2009, at its regularly scheduled Business Agenda meeting in Lake Mary, Florida.
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, (850)410-7676.