The Criminal Justice Standards and Training Commission hereby gives notice:
On July 25, 2011, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of subsection 11B-35.001(7), F.A.C., by Lake Technical Center. Subsection 11B-35.001(7), F.A.C., requires CJSTC certified training schools to teach the most current curriculum approved by the CJSTC. Petitioner wished to be granted a waiver for a firearms instructor course that it taught July 11, 2011-July 22, 2011. Petitioner remediated the 14 officers by providing them with the most current curriculum and an errata sheet showing exactly where changes had been made from the curriculum that was used in their course. Petitioner stated that the operation of the rule in this particular case poses a substantial hardship to the officers and their agencies because the agencies and officers relied upon the training that the officers received as partial fulfillment of the requirements for the officers to become fully CJTSC certified firearms instructors on behalf of their agencies. Petitioner further stated that the principles of fairness are violated by the application of this rule to this situation because the affected officers had no way of knowing that the course they received from Petitioner was not the most up-to-date... 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 had made diligent inquiry as to which course it should have taught. The students were provided with appropriate remedial materials and certified that they had reviewed the materials. The Commission found that the purposes of the underlying statute, to ensure that instructors receive adequate and timely retraining, will be met by granting this waiver request. The Commission issued an order granting the Petitioner’s request for a permanent 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, (850)410-7676.