Notice of Variances and Waivers
RULE NO.: RULE TITLE:11B-27.00212
: Maintenance of Officer Certification
The Criminal Justice Standards and Training Commission hereby gives notice:
That on May 19, 2011, the Criminal Justice Standards and Training Commission has issued an order.
On May 10, 2011, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of subsection 11B-27.00212(12), F.A.C., by David E. Needs. Subsection 11B-27.00212(12), F.A.C., requires officers to be employed within four years of a separation from employment or they must demonstrate competencies in the high liability disciplines and pass the State Officer Certification Examination. Notice of receipt of the petition was published in the Florida Administrative Weekly Vol. 37, No. 20 on May 20, 2011.
On May 19, 2011, at its regularly scheduled business agenda meeting held in Ocala, Florida, the Commission found that the Petitioner’s situation is unique. The Petitioner demonstrated that the strict application of the Commission’s rules in this case would violate the principles of fairness. The Petitioner has been caring for a dying parent and a child stricken with cancer since his retirement four years ago. Further, the Petitioner has attempted to become employed as a reserve officer with several agencies in his area only to be told that budget constraints prevent any hiring at this time. The Petitioner has completed his 40 hours of mandatory retraining at his own expense. The Commission found that the purposes of the underlying statute, to ensure that officers receive adequate and timely retraining, will be met by granting this waiver request. The Commission granted 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.