NOTICE IS HEREBY GIVEN that on November 22, 2010, the Criminal Justice Standards and Training Commission, received a petition for permanent wavier of subsection 11B-27.00212(14), F.A.C., by the Okeechobee County Sheriff’s Office on behalf of 29 officers whose firearms qualifications were evaluated by three instructors who were not in compliance with all administrative aspects of the firearms instructor rule. The rule requires that officers must requalify for firearms competency every two years by successfully completing the CJSTC course of fire, which is evaluated by Commission certified instructors. Officers who fail to requalify under the rule are automatically rendered inactive. Petitioner asserts that the 29 officers were qualified by the three instructors who had failed to meet all administrative aspects of firearms instructor certification. Petitioner asserts that these 29 officers successfully completed the proper course of fire and demonstrated compliance with the rule. Petitioner maintains that the strict application of the rule in this instance creates a substantial hardship and violates the principles of fairness in this case for both the agency and the officers involved. Petitioner further states that the officers who successfully completed their course of fire as required by rule should not be rendered inactive because the instructors who evaluated them had failed to complete certain administrative aspects of their instructor certification. The officers who successfully completed the course of fire, but were evaluated by the three instructors who had not complied with all of the administrative aspects of firearms instructor certification are: Randal Thomas, Vernie Bass, Mary Birts, Donald Coleman, Sarah Green, Aaron Hortman, John Rhoden, Sr., John Roden, Jr., Donette Taylor, Randy Worth, Cari Arnold, Yamil Astacio, Marcus Collier, Dennis Donnelly, Jason Egger, Michael Hazellief, Justin Hasellief, Bryan Holden, Charles Hood, Paul Jackson, Ricky Jones, Martin Crawford, Steven McKinley, Adrian Rogers, Rodney Rucks, Philip Hardin, Rayford Stone, Stanley Stripling, and Donnie Trent.
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, Post Office Box 1489, Tallahassee, FL 32302, (850)410-7676.