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 9, 2011, for a permanent waiver of subsection 11B-27.00212(14), F.A.C., from Monticello Police Department on behalf of 2 officers for the 2008 reporting cycle. Notice of the petition was published in the Florida Administrative Weekly Vol. 37, No. 39, on September 30, 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 CJSTC-certified firearms instructor signed his own CJSTC form 86A for the 2010 reporting cycle (7/1/08 – 6/30/10). The second officer did not complete his mandatory retraining qualification for the 2008 cycle (7/1/2006 – 6/30/2008) because of an extended sick leave. Petitioner stated that the agency’s officers would suffer a substantial hardship if their certifications were 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 one of the officers affected by this situation did successfully complete the requirement simply because the firearms instructor signed his own CJSTC 86A form and the other officer was on extended sick leave and, thus incapable of completing the requirement.
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 firearms instructor completed the course of fire as mandated in the Commission rule, however, he signed his own CJSTC 86A form. The other officer could not complete his mandatory firearm requalification because of extended sick leave.
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.