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 7, 2011, for a permanent waiver of subsection 11B-27.00212(14), F.A.C., from Suwannee County Sheriff’s Office on behalf of one deputy for the 2008 reporting cycle. Notice of the petition was published in the Florida Administrative Weekly Vol. 37, No. 38, on September 23, 2011. Subsection 11B-27.00212(14), F.A.C., requires officers to requalify with a firearm under the supervision of a CJSTC-certified firearms instructor every two years on a course of fire mandated by Commission rule.
The petition supported the requested waiver by stating that the deputy did successfully complete the course of fire, however, he was the only CJSTC certified firearms instructor in the agency at the time and signed his own CJSTC form 86A requalification certifications for the 2008 and 2010 reporting cycles. Petitioner stated that this deputy will suffer a substantial hardship if his certification is rendered inactive as a result of this situation. Petitioner further stated that it would violate the principles of fairness to fail to recognize that the deputy did successfully complete 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 even though he signed his own CJSTC 86A form for the 2008 and 2010 reporting cycles.
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.