Notice of Variances and Waivers

Criminal Justice Standards and Training Commission
11B-27.00212: Maintenance of Officer Certification
NOTICE IS HEREBY GIVEN that on December 29, 2011, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of subsection 11B-27.00212(6), F.A.C., from Palm Beach County Sheriff’s Office on behalf of one deputy. The deputy had been on active military leave and upon his discharge and resumption of deputy status, his active military notation in ATMS was not removed. The deputy completed 40 hours of mandatory retraining by his mandatory retraining due date of June 30, 2011, however, it was not discovered until his incorrect status as active military was discovered in November of 2011, that he had not completed three required courses. subsection 11B-27.00212(6), F.A.C., requires officers to complete 40 hours of mandatory retraining every four years, including certain mandatory courses. The deputy completed the three required courses within a week of the problem being discovered. The petition supports the requested waiver by stating that the officers at issue had 40 hours of mandatory retraining, but, because his status was not accurately reflected in ATMS, his training officer did not know the deputy needed three more mandatory courses until after the mandatory retraining due date. Petitioner states that the officer will suffer a substantial hardship if his certifications (law enforcement and correctional) are rendered inactive as a result of this situation. Petitioner further states that it would violate the principles of fairness to fail to recognize that all of the officer did successfully complete the 40 hour requirement but was incorrectly advised as to the need for the three other mandatory courses as a result of his status in ATMS.
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.