a waiver of Rule 11B-27.00212(14)(e), F.A.C. from J.D. Patterson, Director, Miami-Dade Police Department on behalf of Officer Willie McFadden. The Petitioner wishes to waive that portion of the rule that states: In the event a law enforcement ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NO.:RULE TITLE:

11B-27.00212Maintenance of Officer Certification

NOTICE IS HEREBY GIVEN that on July 17, 2015, the Criminal Justice Standards and Training Commission received a petition for a waiver of paragraph 11B-27.00212(14)(e), F.A.C., from J.D. Patterson, Director, Miami-Dade Police Department on behalf of Officer Willie McFadden. The Petitioner wishes to waive that portion of the rule that states: In the event a law enforcement officer is injured in the line of duty or has a chronic illness and fails to meet this standard by June 30 of a reporting year, the agency administrator or designee shall complete the Injury or Illness Exemption for the Firearms Law Enforcement Officer Qualification Standard, form CJSTC-86B, created January 29, 2009, hereby incorporated by reference: http://www.flrules.org/Gateway/reference.asp?No=Ref-01097, and revised December 16, 2010, (effective 5/2012). Form CJSTC-86B can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/Content/CJST/Publications/Professionalism-Program-Forms.aspx, or by contacting Commission staff at [phone]. The agency shall submit form CJSTC-86B and the supporting medical documentation to Commission staff prior to the June 30 deadline to ensure the officer’s certificate does not become inactive on the reporting deadline for that two-year reporting cycle. An additional form CJSTC-86B shall be submitted for each subsequent reporting cycle. Petitioner states that Officer McFadden was involved in a severe off-duty motorcycle accident on August 19, 2012 resulting in him being medically unable to work for several months. Petitioner states that Officer McFadden was able to return to work on light-duty status November 6, 2012 however, during recovery Officer McFadden was diagnosed with cancer and began a regimen of chemotherapy and other surgeries. Petitioner states that Officer McFadden was again able to return to work on light-duty status December 31, 2014. Petitioner states that as a result of Officer McFadden’s injuries and illness, he is unable to meet firearm qualifications. Petitioner states that Officer McFadden’s failure to meet standards were for reasons beyond his control and further, administrative errors resulted in a failure to complete and forward CJSTC form 86B to FDLE by June 30, 2014. Petitioner states the purpose of the underlying statute would be served if the waiver is granted and a strict application of the rule would result in an unreasonable, unfair and unintended result in this instance.

A copy of the Petition for Variance or Waiver may be obtained by contacting: Linton B. Eason, Assistant General Counsel, Florida Department of Law Enforcement, P.O. Box 1489, Tallahassee, FL 32302, [phone].