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 December 3, 2010, the Criminal Justice Standards and Training Commission received a petition for permanent waiver of paragraphs 11B-27.00213(4)(a), (b), F.A.C., by Tabitah Williams. The rule requires recruits employed by agencies on a temporary employment authorization (TEA) to have a four-year break in service before they may enter into another TEA if their TEA is terminated prior to the recruit becoming certified. Petitioner’s employer terminated her employment for cause while she was on a TEA. Petitioner seeks a waiver of this rule so that she may seek another TEA immediately at another facility and, thereby, remain employed while she fulfills the requirements of Section 943.13, F.S., to become certified.
Notice of receipt of the petition was published in the Florida Administrative Weekly Vol. 36, No. 50, December 17, 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 TEAs are well prepared to work for agencies, will not be met by granting this waiver request. The Commission denied the Petitioner’s waiver with prejudice unless she can bring new evidence before the Commission. This is the second time this Petitioner has brought this exact request for a rule waiver before the Commission. The Commission first denied this waiver at its August 2010 regularly scheduled business meeting.
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.