Notice of Variances and Waivers

Criminal Justice Standards and Training Commission
11B-27.00212: Maintenance of Officer Certification
NOTICE IS HEREBY GIVEN that on September 01, 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 Milton Police Department on behalf of 27 officers for the 2006-2008 (7/1/06-6/30/08) and 2008-2010 (7/1/2008-6/30/10) mandatory firearms requalification reporting cycles. 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 and instructed by a CJSTC-certified firearms instructor. The petition supports the requested waiver by stating that the officers did successfully complete the course of fire, however, the instructor utilized by the Petitioner during the 2006-2008 and 2008-2010 reporting cycles was not CJSTC-certified. The instructor had completed CJSTC Firearms Instructor Course and both he and the agency believed that was the only thing that he needed to do to be a Commission-Certified Firearms Instructor. Petitioner states that the agency’s officers will suffer a substantial hardship if their certifications 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 the officers affected by this situation did successfully complete the requirement simply because their instructor was not a CJSTC-certified firearms instructor during the 2006-2008 (7/1/06-6/30/08) and 2008-2010 (7/1/08 – 6/30/10) reporting cycles.
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.