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 20, 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 Edgewater Police Department on behalf of Officer Lawler for the 2006-2008 (7/1/06 – 6/30/08) and 2008-2010 (7/1/2008 – 6/30/10) mandatory firearms requalification reporting cycles and Chief Arcieri for the 2008-2010 (7/1/08 – 6/30/10) reporting cycle. 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 for Officer Lawler by stating there is no CJSTC form 86A on file for him for the 2006-2008 reporting cycle, however, Officer Lawler did complete the required course of fire in 2008, but after the reporting period. The petition further supports the requested waiver by stating that the officers did successfully complete the course of fire in 2010, however, Officer Lawler did so after the reporting date and Chief Arcieri requalified under a non-certified firearms instructor and later in the year requalified under a certified firearms instructor after the reporting date. Petitioner states that these two 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.
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.