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.
On August 31 2011, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of subsection 11B-27.00212(14), F.A.C., by the Oviedo Police Department on behalf of one officer for the 2008 firearms requalification period. 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. Notice of receipt of the petition was published in the Florida Administrative Weekly Vol. 37, No. 35, on September 2, 2011.
The petition supports the requested waiver by stating that the officer did successfully complete the course of fire, however, the instructor conducting the course of fire was not a CJSTC certified firearms instructor during the 2008 reporting cycle. Petitioner states that the officer will suffer a substantial hardship if his 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 officer did successfully complete the requirement simply because his instructor was not a CJSTC certified firearms instructor for the requalification shoot during the 2008 reporting cycle.
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 for the 2008 firearms requalification period. The only deficiency in the officer’s firearms requalifications was that the Petitioner’s officer was not supervised by a CJSTC-certified firearms instructor during his requalifications. 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.