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 27, 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 Holmes County Sheriff’s Office on behalf of 21 officers for the 2006 – 2008 (7/1/2006 – 6/30/2008) 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 firearms instructors utilized by the agency had not completed an internship and filed paperwork to finish the requirements to become CJSTC-certified firearms instructors. The officers, agency, and instructors all believed that the instructors had completed all of the requirements for CJSTC certification as firearms instructors. The 21 officers did successfully complete the course of fire regardless of the certification status of the two instructors. 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 instructors 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.