Notice of Variances and Waivers
RULE NO.: RULE TITLE:11B-27.00212
: Maintenance of Officer Certification
The Criminal Justice Standards and Training Commission hereby gives notice:
That on January 13, 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 Indian Shores Police Department on behalf of one 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 officers by stating that the officer did, in fact, complete the mandatory firearms requalification retraining, however, he was supervised by a non-CJSTC-certified firearms instructor. The officer at issue is a CJSTC-certified firearms instructor. Notice of receipt of the petition was published in the Florida Administrative Weekly, Vol. 38, No. 4, on January 27, 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 officer had, in fact, completed the Commission’s course of fire and achieved passing scores. The only deficiency in the officer’s firearms requalifications was to be supervised by a non-CJSTC-certified firearms instructor. 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.