Notice of Variances and Waivers

Criminal Justice Standards and Training Commission
Rule No. : RULE TITLE :
11B-27.0011: Moral Character
The Criminal Justice Standards and Training Commission hereby gives notice:
that on February 3, 2011, the Criminal Justice Standards and Training Commission has issued an order.
On November 24, 2010, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of subsection 11B-27.0011(4), F.A.C., by Andrea Johnson-Minnis. The rule requires that CJSTC instructor candidates and instructors must maintain good moral character prior to becoming certified or recertified. The Petitioner wishes to waive those portions of the rule requiring her to possess good moral character as a prerequisite to reactivating her inactive instructor certification. Petitioner’s corrections certificate was revoked by the Commission in 1990, which is seen as prima facie evidence of lack of good moral character. Petitioner subsequently obtained an instructor certificate which became inactive in 2007. Notice of receipt of the petition was published in the Florida Administrative Weekly Vol. 36, No. 49 on December 10, 2010.
On February 3, 2011, at its regularly scheduled business agenda meeting held in Lake Mary, Florida, the Commission found that the Petitioner’s situation is not unique. The Petitioner failed to demonstrate 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 instructors have good moral character, will not be met by granting this waiver request. The Commission denied the Petitioner’s waiver.
A copy of the Order or additional information may be obtained by contacting:
Grace A. Jaye, Assistant General Counsel, Florida Department of Law Enforcement, P. O. Box 1489, Tallahassee, FL 32327, or by telephoning (850)410-7676.