Notice of Variances and Waivers

Criminal Justice Standards and Training Commission
11B-27.00212: Maintenance of Officer Certification
The Criminal Justice Standards and Training Commission hereby gives notice:
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 under the supervision of a CJSTC-certified firearms instructor on a course of fire mandated by Commission rule.
The petition supported 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 supported 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. Notice of receipt of the petition was published in the Florida Administrative Weekly Vol. 37, No. 40, on October 7, 2011.
On October 27, 2011, at its regularly scheduled business agenda meeting held in Ponte Vedra, 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 one of timing. 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 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 or by telephoning (850)410-7676.