Notice of Variances and Waivers

Criminal Justice Standards and Training Commission
11B-27.00212: Maintenance of Officer Certification
NOTICE IS HEREBY GIVEN that on January 20, 2012, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of subsection 11B-27.00212(14), F.A.C., from the Office of the State Attorney, Fifteenth Judicial Circuit, on behalf of 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 the officer at issue was hired straight from the academy on January 22, 2009. Petitioner erroneously believed that the officer’s firearms training course at the academy was the same as mandatory firearms requalification. Petitioner affirms that the officer was successfully requalified for the 2012 mandatory firearms requalification reporting cycle by a CJSTC-certified firearms instructor. Petitioner states that the officer will suffer a substantial hardship if his certification is 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 officer was a new hire in 2009 and that he did, in fact, shoot the mandatory firearms requalification course of fire for the 2012 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.