Notice of Variances and Waivers
RULE NO.: RULE TITLE:11B-27.00212
: Maintenance of Officer Certification
The Criminal Justice Standards and Training Commission hereby gives notice:
That on October 27, 2011, the Criminal Justice Standards and Training Commission has issued an order. The Criminal Justice Standards and Training Commission received a petition on September 23, 2011 for a permanent waiver of subsection 11B-27.00212(14), F.A.C., from Lady Lake Police Department on behalf of two officers for the 2008 and 2010 reporting cycles. Notice of the petition was published in the Florida Administrative Weekly Vol. 37, No. 40, on October 7, 2011. 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 by stating that the two officers did successfully complete the course of fire for the 2008 and 2010 reporting cycle, however, the firearms instructor who supervised the requalification shoot was not CJSTC certified at the time. Petitioner stated that the agency’s officers would 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 affected by this situation did successfully complete the requirement simply because their instructor had not completed CJSTC firearms instructor certification prior to supervising the firearm requalifications.
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 officer had, in fact, completed the Commission’s course of fire and achieved a passing score. The only deficiency in the officer’s firearms requalification was that the firearms instructor who conducted the mandatory firearms requalifications for Petitioner’s officer had not complied with all administrative aspects of becoming a CJSTC certified firearms instructor on the dates that he supervised the requalification shoots. 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 granted 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.