Notice of Variances and Waivers
RULE NO.: RULE TITLE:11B-27.00212
: Maintenance of Officer Certification
NOTICE IS HEREBY GIVEN that on December 06, 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 Winter Park Police Department on behalf of one officer for the 2008 (7/1/2006 – 6/30/2008) and one officer for the 2010 (7/1/2008 – 6/30/2010) mandatory firearms requalification reporting periods. 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 one of the officers at issue is a CJSTC-certified firearms instructor. This officer supervised his own requalification shoot for the 2008 mandatory firearms requalification reporting cycle and signed his own CJSTC 86A form. Another officer successfully completed his course of fire for the 2010 mandatory firearms requalification cycle in front of an instructor who had not completed all paperwork to become a CJSTC-certified firearms instructor. Petitioner states that the 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 one officer supervised his own requalification shoots and signed his own CJSTC 86A form for the 2008 cycle and one officer completed his mandatory course of fire while supervised by a non-CJSTC-certified firearms instructor for the 2010 mandatory firearms requalification reporting cycle.
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.