a permanent waiver of subsection 11B-27.00212(14), F.A.C., from Miccosukee Police Department on behalf of eleven officers for the 2008 (7/1/2006 – 6/30/2008) and one officer for the 2010 (7/1/2008 – 6/30/2010) mandatory firearms requalification ...

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 January 13, 2012, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of subsection 11B-27.00212(14), F.A.C., from Miccosukee Police Department on behalf of eleven officers for the 2008 (7/1/2006 – 6/30/2008) and one officer for the 2010 (7/1/2008 – 6/30/2010) mandatory firearms requalification reporting cycles. 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 officers at issue completed the course of fire for the 2008 and 2010 reporting cycles, however, they were not supervised by a CJSTC-certified firearms instructor. In the case of one officer, who had become a CJSTC-certified firearms instructor during the 2010 cycle, he signed his own CJSTC 86A form. Petitioner states that the officers will suffer a substantial hardship if their certifications are 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 officers did successfully complete the requirement. In one instance, the officers were supervised by non-CJSTC-certified firearms instructors for the 2008 mandatory reporting cycle; and in another instance, one officer signed his own CJSTC 86A form for the 2010 mandatory firearms requalification reporting 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 [phone].