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 April 19, 2011, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of subsection 11B-27.00212(14), F.A.C., by the City of Boca Raton Police Department on behalf of seven officers for the 2010 firearms requalification period. 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. Notice of receipt of the petition was published in the F.A.W., Vol. 37, No. 17 on April 29, 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 instructor who conducted the mandatory firearms requalifications for Petitioner’s officers had not complied with all administrative aspects of becoming a CJSTC certified firearms instructor on the date he 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 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, (850)410-7676.