Notice of Variances and Waivers

Criminal Justice Standards and Training Commission
11B-27.00212: Maintenance of Officer Certification
NOTICE IS HEREBY GIVEN that on November 01, 2011, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of subsection 11B-27.00212(14), F.A.C., from Blountstown Police Department on behalf of James E. Godwin for the 2006-2008 (7/1/2006 – 6/30/2008) reporting period. Subsection 11B-27.00212(14), F.A.C., requires officers to requalify with a firearm every two years on a course of fire mandated by Commission rule and supervised by a CJSTC-certified firearms instructor. The petition supports the requested waiver by stating that the officer at issue shot the mandated course of fire with passing scores for the 2008 reporting cycle. The firearms instructor who supervised the mandatory firearms retraining documented Godwin’s performance on the CJSTC 86A form. The instructor, the agency, and Godwin believed the instructor was a CJSTC-certified firearms instructor at the time. The instructor’s firearms instructor certification had lapsed without anyone becoming aware of it. Petitioner further states that it would violate the principles of fairness to fail to recognize that the officer did successfully complete all of the requirements for the 2008 reporting cycle with the only deficiency being that the instructor who supervised him was inactive at the time of the qualifying shoots.
A copy of the Petition for Variance or Waiver may be obtained by contacting: Grace A. Jaye, Assistant General Counsel, Florida Department of Law Enforcement, P. O. Box 1489, Tallahassee, FL 32302 or by telephoning (850)410-7676.