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
NOTICE IS HEREBY GIVEN that on November 01, 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 Satellite Beach Police Department on behalf of one officer for the 2006-2008 (7/1/2006 – 6/30/2008) mandatory firearms requalification reporting cycle. 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 and supervised by a CJSTC-certified firearms instructor. The petition supports the requested waiver by stating that the officer at issue did successfully complete the course of fire, however, the instructor supervising the requalification was not a CJSTC-certified firearms instructor. Petitioner describes the officer at issue as a CJSTC-certified firearms instructor in his own right. The instructor supervising the officer at issue had completed all coursework required to become a CJSTC-certified firearms instructor, but had not completed the paperwork to become active. Petitioner states that the officer at issue will suffer a substantial hardship if his certification is rendered inactive as a result of this situation. Petitioner further states that it would violate the principles of fairness to fail to recognize that the officer did successfully complete the requirement simply because a non-CJSTC-certified firearms instructor supervised his 2006-2008 mandatory firearms requalification cycle.
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, P. O. Box 1489, Tallahassee, FL 32302 or by telephoning (850)410-7676.