Notice of Variances and Waivers

DEPARTMENT OF LAW ENFORCEMENT
Criminal Justice Standards and Training Commission
RULE NO.: RULE TITLE:
11B-35.001: General Training Programs; Requirements and Specifications
NOTICE IS HEREBY GIVEN that on November 01, 2011, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of paragraph 11B-35.001(9)(b), F.A.C., from Valencia College Police Department on behalf of two Correctional Officers. Paragraph 11B-35.001(9)(b), F.A.C., requires officers to achieve a passing score of 80% or higher on Advanced and Specific Specialized Training Program Courses. The petition supports the requested waiver by stating that the officers at issue achieved what would have been passing scores (76%) under the old rule that took effect the week before the two officers took their end-of-course examinations. Petitioner states that the two officers should not be penalized because of the rule changing the passing scores from 75% to 80% that took effect immediately prior to the end-of-course examinations. Petitioner states that the officers at issue will suffer a substantial hardship if their scores are not recognized because they will not receive the benefit of their retraining and will be obliged to repeat the entire course. Petitioner further states that it would violate the principles of fairness to fail to recognize that the officers did successfully complete the requirement according to the rules as they existed prior to the date the two officers took the examination.
A copy of the Petition for Variance or Waiver may be obtained by contacting: Grace A. Jaye, Assistant General Counsel, Florida Department of Law Enforcement, P. O. Box 1489, Tallahassee, FL 32302 or by telephoning (850)410-7676.