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 15, 2011, for a permanent waiver of subsection 11B-27.00212(14), F.A.C., from Windermere Police Department on behalf of 22 officers for the 2006-2008 (7/1/2006 – 6/30/2008) reporting period, and for 12 officers for the 2008-2010 (7/1/2008 – 6/30/2010) reporting period. 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 under the supervision of a CJSTC-certified firearms instructor every two years on a course of fire mandated by Commission rule.
The petition supports the requested waiver by stating that the officers did successfully complete the course of fire, however, the instructors conducting the course of fire were not CJSTC certified firearms instructors during the 2008 and 2010 reporting cycle. Petitioner states that the 34 officers will suffer a substantial hardship if their certifications are 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 did successfully complete the requirement simply because the instructors were not CJSTC certified firearms instructors for the requalification shoots during the 2008 and 2010 reporting cycles.
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 officers involved did complete the requirement of subsection 11B-27.00212(14), F.A.C. The only deficiency in these officers’ requalification was that their firearms instructors were not CJSTC-certified firearms instructors.
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.