Notice of Variances and Waivers
RULE NO: RULE TITLE11B-27.00212
: Maintenance of Officer Certification
NOTICE IS HEREBY GIVEN that on May 20, 2010, the Criminal Justice Standards and Training Commission has issued an order.
This matter concerned a request for a permanent waiver of subsection 11B-27.00212(14), F.A.C., by Derek Canto. The rule requires officers to successfully complete firearms qualification every two years unless an officer is injured in the line of duty, which would grant the officer two additional years to complete the qualification. The Petitioner has an injury which prevents him from completing his firearms qualification. The Petitioner requested a waiver of the operation of the rule in his case. Notice of receipt of the petition was published in the Florida Administrative Weekly Vol. 36, No. 22, on June 4, 2010.
On May 20, 2010, at its regularly scheduled business agenda meeting held in Ocala, 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 resulting in the need to for the Petitioner to qualify while undergoing medical treatment for a serious injury. The Commission found that the purposes of the underlying statute, to ensure that officers are properly trained, will be met by granting this waiver request. The Commission granted the Petitioner two extra years to complete his firearms requalification.
A copy of the Order may be obtained by contacting: Grace A. Jaye, Assistant General Counsel, Florida Department of Law Enforcement, Post Office Box 1489, Tallahassee, Florida 32327, (850)410-7676.