The Criminal Justice Standards and Training Commission hereby gives notice:
That on May 19, 2011, the Criminal Justice Standards and Training Commission has issued an order.
On April 19, 2011, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of subsection 11B-27.00212(14), F.A.C., by the City of Riviera Beach Police Department on behalf of 127 officers for the 2008-2010 firearms requalification periods. 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. Notice of receipt of the petition was published in the Florida Administrative Weekly Vol. 37, No. 17 on April 29, 2011.
On May 19, 2011, at its regularly scheduled business agenda meeting held in Ocala, 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 127 officers had, in fact, completed the Commission’s course of fire and achieved a passing score. The only deficiency in the officers’ firearms requalifications was that the firearms instructors who conducted the mandatory firearms requalifications for Petitioner’s officers had not complied with all administrative aspects of becoming CJSTC certified firearms instructors on the date they supervised the requalification shoots. Further, the Petitioner ensured that its officers completed a successful re-shoot of the proper course of fire under a fully certified firearms instructor shortly after discovering the deficiency. The Commission found that the purposes of the underlying statute, to ensure that officers receive adequate and timely retraining, will be met by granting this waiver request. The Commission granted the Petitioner’s 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 or by telephoning (850)410-7676.