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 December 27, 2011, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of Rule 11B-27.00212(14), F.A.C., from Office of the Marshal, Florida Supreme Court on behalf of five officers for the 2006-2008 (7/1/06 – 6/30/08) mandatory firearms requalification reporting cycle. Subsection 11B-27.00212(14), F.A.C., requires officers to requalify with a firearm every two years under the supervision of a CJSTC-certified firearms instructor on a course of fire mandated by Commission rule.
The petition supported the requested waiver for the officer by stating that the officer named in the petition did, in fact, complete the mandatory firearms requalification retraining, however, they were supervised by a non-CJSTC-certified firearms instructor, their CJSTC 86A forms cannot be located, or they terminated employment during the reporting period after being employed by the Marshal for only a few months. Notice of receipt of the petition was published in the Florida Administrative Weekly, Vol. 38, No. 3, on January 20, 2012.
On February 2, 2012, pursuant to notice, at its regularly scheduled Business Agenda meeting held in Destin, 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 passing scores. The only deficiency in the officer’s firearms requalification was to be supervised by a non-CJSTC-certified firearms instructor, fail to have their CJSTC 86A forms on file, or have terminated their employment after only a few months. 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.