Notice of Variances and Waivers

Criminal Justice Standards and Training Commission
11B-27.00212: Maintenance of Officer Certification
The Criminal Justice Standards and Training Commission hereby gives notice:
that on July 7, 2011, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of subsection 11B-27.00212(14), F.A.C., from Ocoee Police Department on behalf of certain officers. Subsection 11B-27.00212(14), F.A.C., requires officers to requalify with a firearm every two years on a course of fire mandated by Commission rule. The petition supported the requested waiver by stating that the officers did successfully complete the course of fire, however, the instructors who supervised the mandatory shoots were not fully certified as a CJSTC firearms instructors at the time of the officers’ requalifications. Petitioner stated that the agency’s officers will suffer a substantial hardship if their certifications are rendered inactive as a result of this situation. Petitioner further stated that it would violate the principles of fairness to fail to recognize that the officers affected by this situation did successfully complete the requirement simply because their instructors had failed to comply with all administrative aspects of firearms instructor certification. Notice of receipt of the petition was published in the F.A.W., Vol. 37, No. 29, July 22, 2011.
On August 11, 2011, at its regularly scheduled business agenda meeting held in Tampa, 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’s officers had, in fact, completed the Commission’s course of fire and achieved a passing score. The only deficiency in the officers’ firearms requalifications was that the firearms instructors who conducted the mandatory firearms requalifications for Petitioner’s officers had not complied with all administrative aspects of becoming CJSTC certified firearms instructors on the date they supervised the requalification shoots. 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 issued an order granting 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, (850)410-7676.