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 26, 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 Sanibel Police Department on behalf of 37 officers for the 2006 – 2008 (7/1/2006 – 6/30/2008) reporting period and one officer for the 2008 – 2010 (7/1/2008 – 6/30/2010) reporting 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. The petition supports the requested waiver by stating that the officers at issue did successfully complete the course of fire, however, the CJSTC form 86A’s for these officers cannot be located for the 2008 reporting period. For the 2010 reporting period, one of the officers was supervised by a non-CJSTC-certified firearms instructor, but the officer did successfully complete the course of fire. Petitioner states that the officers will suffer a substantial hardship if their certification is 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 did successfully complete the requirement for the 2008 reporting period simply because the agency cannot locate their CJSTC form 86A’s; and, for the 2010 reporting period, because the instructor had not become CJSTC-certified prior to supervising the requalification shoot.
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, (850)410-7676.