Notice of Variances and Waivers

Criminal Justice Standards and Training Commission
11B-27.00212: Maintenance of Officer Certification
The Criminal Justice Standards and Training Commission hereby gives notice:
That on November 4, 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 supported 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 stated 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.
Notice of receipt of the petition was published in the Florida Administrative Weekly, Vol. 37, No. 46, on November 18, 2011.
On December 7, 2011, pursuant to notice, at a special telephonic meeting originating in Tallahassee, 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 officers had, in fact, completed the Commission’s course of fire and achieved a passing score. The only deficiency in the officers’ firearms requalifications was to be supervised by non-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 issued an order granting 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 32302 or by telephoning (850)410-7676.