NOTICE IS HEREBY GIVEN that on August 12, 2010, the Criminal Justice Standards and Training Commission has issued an order.
This matter concerned a request for a permanent waiver of subsection 11B-27.00212(14), F.A.C., by Miami-Dade Police Department and Enery Castellanos. The rule requires officers to successfully complete firearms qualification every two years unless an officer is injured in the line of duty, which would grant the officer two additional years to complete the qualification. Petitioner Castellanos received an injury in an off-duty vehicle accident which prevents her from completing her firearms qualification. Petitioner Castellanos and her agency requested a waiver of the operation of the rule in her case. Notice of receipt of the petition was published in the Florida Administrative Weekly Vol. 36, No. 26, on July 2, 2010.
On August 12, 2010, at its regularly scheduled business agenda meeting held in Tampa, Florida, the Commission found that the Petitioners’ situation is unique. The Petitioners demonstrated that the strict application of the Commission’s rules in this case would violate the principles of fairness resulting in the need to for the Petitioner to qualify while undergoing medical treatment for serious injuries. The Commission found that the purposes of the underlying statute, to ensure that officers are properly trained, will be met by granting this waiver request. The Commission granted Petitioner Castellanos two extra years to complete her firearms requalification.
A copy of the Order may be obtained by contacting: Grace A. Jaye, Assistant General Counsel, Florida Department of Law Enforcement, P. O. Box 1489, Tallahassee, Florida 32327, (850)410-7676.