Notice of Variances and Waivers

Criminal Justice Standards and Training Commission
11B-27.00213: Temporary Employment Authorization
The Criminal Justice Standards and Training Commission hereby gives notice:
That it has issued an order. On October 7, 2011, the Criminal Justice Standards and Training Commission, received a petition for a temporary variance of paragraphs 11B-27.00213(4)(a), (b), F.A.C., by Ashley Humphrey. Paragraphs 11B-27-00213(4)(a), (b), F.A.C., requires individuals who are terminated in one Temporary Employment Authorization (TEA) to wait four years prior to becoming employed on another TEA. The Petitioner wished to be granted a waiver so that she could seek another TEA without waiting four years from her termination date. The Petitioner stated as a reason for granting the waiver that she will face economic hardship if the waiver is not granted. She stated that she will have to pay for the class that she failed at Basic Recruit Training and then pay to take the State Officer Certification Examination. Notice of receipt of the petition was published in the Florida Administrative Weekly Vol. 37, No. 32 on October 21, 2011.
On October 27, 2011, at its regularly scheduled business agenda meeting held in Ponte Vedra Beach, Florida, the Commission found that the Petitioner’s situation is not unique. The Petitioner did not 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 recruits receive adequate and timely retraining and do not unreasonably expand their time on a TEA or unreasonably burden employers with multiple TEAs, will not be met by granting this waiver request. The Commission issued an order denying the Petitioner’s request for a permanent 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.