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 9, 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 Naples Police Department on behalf of one officer 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 was hired immediately following the firearms requalification training in 2007. Prior to being scheduled for firearms retraining in January and February of 2008, the officer suffered an accident which damaged one of his hands such that he could not physically complete the firearms requalification requirement as scheduled. Subsequently, the officer successfully requalified for the 2010 (7/1/2008 – 6/30/2010) and 2012 (7/1/2010 – 6/30/2012) requalification cycles. 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 officer had failed to complete the 2008 mandatory firearms requalification reporting cycle because of a temporary disability. 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.