That on October 5, 2012, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of Rule 11B-27.00212(14), F.A.C., from Broward County Sheriff’s Office on behalf of 59 officers for the 2008, 2010, and 2012 ...

 

DEPARTMENT OF LAW ENFORCEMENT
Criminal Justice Standards and Training Commission

RULE NO.: RULE TITLE:
11B-27.00212: Maintenance of Officer Certification

The Criminal Justice Standards and Training Commission hereby gives notice: That on October 5, 2012, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of Rule 11B-27.00212(14), F.A.C., from Broward County Sheriff’s Office on behalf of 59 officers for the 2008, 2010, and 2012 reporting periods (7/1/2006 – 6/30/2008; 7/1/2008 – 6/30/2010; 7/1/2010-6/30/2012). Rule 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 supported the requested waiver by stating that the 59 officers at issue did successfully complete the course of fire, however, the instructors supervising the requalifications had not completed all requirements to become CJSTC-certified firearms instructors. Petitioner stated that the 59 officers would suffer a substantial hardship if their certifications were rendered inactive as a result of this situation. Petitioner further stated that it would violate the principles of fairness to fail to recognize that the 59 officers did successfully complete the requirement simply because non-CJSTC-certified firearms instructors supervised the 2008, 2010, and 2012 mandatory firearms requalifications for the officers. Notice of receipt of this petition was published in the Florida Administrative Weekly, Volume Number 38, Issue Number 46, on October 9, 2012.
On November 1, 2012, pursuant to notice, at its regularly scheduled Business Agenda meeting held in Sarasota, 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 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 to be supervised by non-CJSTC-certified firearms instructors. 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 issued an order granting 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 32302, or by telephoning [phone].