Notice of Variances and Waivers
Rule No.: RULE TITLE11B-27.00212
: Maintenance of Officer Certification
NOTICE IS HEREBY GIVEN that on November 29, 2010, the Criminal Justice Standards and Training Commission, received a petition for permanent waiver of subsection 11B-27.00212(14), F.A.C., by the Seminole County Sheriff’s Office on behalf of 9 officers whose firearms qualifications were evaluated by a firearms instructor who was not in compliance with all administrative aspects of the firearms instructor rule. The rule requires that officers must requalify for firearms competency every two years by successfully completing the CJSTC course of fire, which is evaluated by Commission certified instructors. Officers who fail to requalify under the rule are automatically rendered inactive. Petitioner asserts that the 9 officers were qualified by the instructor who had failed to meet all administrative aspects of firearms instructor certification. Petitioner asserts that these 9 officers successfully completed the proper course of fire and demonstrated compliance with the rule. Petitioner maintains that the strict application of the rule in this instance creates a substantial hardship and violates the principles of fairness in this case for both the agency and the officers involved. Petitioner further states that the officers who successfully completed their course of fire as required by rule should not be rendered inactive because the instructor who evaluated them failed to complete certain administrative aspects of instructor certification. The officers who successfully completed the course of fire, but were evaluated by the instructor who had not complied with all of the administrative aspects of firearms instructor certification are: Patricia Jenkins, William Morris, Sr., Donald Eslinger, Penny Fleming, Amber Collins, Carlena Dendekker, Robert Goodnough, Jose Tirado, James Diroff.
A copy of the Petition for Variance or Waiver may be obtained by contacting: Grace A. Jaye, Assistant General Counsel, Florida Department of Law Enforcement, Post Office Box 1489, Tallahassee, FL 32302, (850)410-7676.