Notice of Variances and Waivers

DEPARTMENT OF LAW ENFORCEMENT
Criminal Justice Standards and Training Commission
RULE NO.: RULE TITLE:
11B-27.00212: Maintenance of Officer Certification
The Criminal Justice Standards and Training Commission hereby gives notice:
that on May 12, 2011, the Criminal Justice Standards and Training Commission has issued an order.
On July 25, 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 Bradford County Sheriff’s Office on behalf of certain officers. 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. Neither Petitioner nor its officers could demonstrate that firearms requalifications were conducted for the 2008 and 2010 reporting cycles. The petition supported the requested waiver by stating that the principles of fairness will be violated if the requested petition is not granted. The Petitioner also alleged that an application of the rule in this case would cause substantial hardship to the agency and the officers involved. Notice of receipt of the petition was published in the F.A.W., Vol. 37, No. 32 on August 12, 2011.
On August 11, 2011, at its regularly scheduled business agenda meeting held in Tampa, 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 stated that they had, in fact, completed the Commission’s course of fire. The only deficiency in the officers’ firearms requalifications was that the CJSTC form 86A was not completed by the instructor for each officer at the time of the requalification.
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, (850)410-7676.