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 29, 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 Sweetwater Police Department on behalf of 65 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 65 officers by stating that they did, in fact, complete firearms requalification retraining, however, they were unable to provide completed CJSTC 86A forms or proof they shot the mandated course of fire for the 2008 reporting cycle. Notice of receipt of the petition was published in the Florida Administrative Weekly, Vol. 38, No. 2, on January 13, 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 a course of fire and achieved a passing score. The only deficiency in the officers’ firearms requalifications was to have incomplete CJSTC 86A forms and an incorrect course of fire. 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.