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 May 19, 2011, the Criminal Justice Standards and Training Commission has issued an order.
On May 18, 2011, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of subsection 11B-27.00212(14), F.A.C., by the Town of South Palm Beach Police Department on behalf of Officer Buffalino for the 2008-2010 firearms requalification period. Subsection 11B-27.00212(14), F.A.C., requires officers to requalify with a firearm every two years on a course of fire mandated by Commission rule. Notice of receipt of the petition was published in the Florida Administrative Weekly Vol. 37, No. 22 on June 3, 2011.
On May 19, 2011, 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. The Petitioner’s officer Buffalino had, in fact, completed the Commission’s course of fire and achieved a passing score. The only deficiency in the officer’s firearms requalification was that the firearms instructor who conducted the mandatory firearms requalification for Petitioner’s officer had not complied with all administrative aspects of becoming a CJSTC certified firearms instructor on the date he supervised Officer Buffalino’s requalification shoot. Further, the Petitioner ensured that Officer Buffalino completed a successful re-shoot of the proper course of fire under a fully certified firearms instructor prior to presenting the rule waiver to the Commission. 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 granted 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 32327 or by telephoning (850)410-7676.