Florida Police Chiefs Association Update: Week Ending August 24, 2012

Aug 24, 2012

The following is an informational update on law enforcement news, events, legislative developments and meetings relating to the Florida Police Chiefs Association community for the week ending August 24, 2012.  Click on the hyperlinks in bold type to access all information.

Should you have any questions or comments, please contact Florida Police Chiefs Association lobbyists, Colodny Fass.

 

 

NEWS

 

Tampa Police Chief Jane Castor: Violent protesters at RNC will be dealt with swiftly

Police Chief Jane Castor issued a warning Wednesday to any protester who breaks the law during the Republican National Convention. Castor said anyone who gets violent or tries breaking windows and knocking down fences will be dealt with “very urgently.”

 

Miami-Dade Commission Rejects Elected Police Director Position

A proposal from Miami-Dade Commission Chairman Joe Martinez to make the county’s top cop an elected position, rather than appointed by the mayor, has been voted down by fellow commissioners.

 

Bolduc sworn in as Port St. Lucie police chief

It seems the best man to become the city’s next police chief, according to the city manager, was right under his nose the whole time.

 

Search is On For New Florida A & A University Police Chief

Florida A&M is looking for an experienced law-enforcement manager to run its police department.

 

Titusville’s Chief of Police Decides to Retire

Fighting budget battles, not crime, took its toll on a police chief faced with cutting department salaries and workload.

 

Palm Bay Police Chief Will Serve as President of FBI National Academy Associates

Palm Bay Police Chief Doug Muldoon was sworn in as the incoming president of the FBI National Academy Associates and will begin his one year term in January 2013. 

 

Tallahassee Announces Award Winners

Tallahassee Police Department Wins National Law Enforcement Challenge Award, Chief is New President of Florida Police Chief’s Association

The City of Tallahassee is number one for a number of reasons.  City leaders announced awards the city and other officials have won recently at Wednesday’s city commissioner meeting at City Hall.

 

Largo Police Receive State Gang Investigators’ Award

The special Largo Police Department unit has arrested more than 86 gang members and their associates since 2010, according to a city report.

Since 1993 the Florida Gang Investigator’s Association has helped law enforcement agencies exchange gang intelligence and information to assist with the prosecution of gangs.

 

North Florida state attorney drops out of race after crime database accusations

A North Florida state attorney has reached an agreement that will allow him to avoid prosecution for using law enforcement databases to research his political opponents and others.

 

Column:  Hurricane Andrew–Police worked despite personal hardship

I’m retired now, but when Hurricane Andrew struck South Florida I was a Miami-Dade Police sergeant working homicide, the unit that investigated most of the storm deaths. Jim Scott, Jensen Beach.

 

Police could use drones to watch over streets of Daytona Beach

An un-manned police drone could soon be secretly watching over the streets of Daytona Beach.

 

 

REPORTS

 

Florida Department of Law Enforcement Update


Florida Attorney General Criminal Law Update

 

Bureau of Justice Statistics:  Victimizations Not Reported to the Police, 2006-2010

The highest percentages of unreported crime were among household theft (67%) and rape or sexual assault (65%) victimizations, while the lowest percentage was among motor vehicle theft (17%) victimizations. The most common reason (42%) for not reporting was fear of retaliation or of getting the offender into trouble.  This fear was also the most common reason (46%) victims did not report intimate partner violence to the police.  Crimes perpetrated by someone the victim knew well, such as a neighbor, coworker or teacher (62%), or by a casual acquaintance (60%) were more likely to go unreported than crimes committed by a stranger (51%).

 

U.S. Department of Justice Office of Justice Programs:  Sex Offender Registration and Notification in the United States–Current Case Law and Issues

Sex offender registration and notification systems have been established within the U.S. in a variety of ways. There are a number of resources which are referred to, loosely, as “sex offender registries.”  Each state has its own distinct sex offender registration and notification system and each of these systems has its own nuances and distinct features.  Every jurisdiction (meaning each state, territory, or tribe) makes its own determinations about who will be required to register, what information those offenders must provide, and which offenders will be posted on the jurisdiction’s public registry website. This report summarizes the sex offender registration and notification system within the U.S., as well as pertinent case law.

 

 

MEETINGS

 

September 6

Region XII Training Council meeting; 8:45 a.m.  Agenda includes Florida Department of Law Enforcement and Criminal Justice Standards and Training Commission updates, Palm Beach State College/Criminal Justice Institute Assessment Center Updates and Region XII budget approval.  To view the meeting notice, click here.

 

September 7 and 14

The Florida Council on the Social Status of Black Men and Boys will meet on a systematic study of the conditions affecting black men and boys, including, but not limited to, homicide rates, arrest and incarceration rate, poverty, violence, drug abuse, death rates, disparate annual income levels, school performance in all grade levels including postsecondary levels, and health issues.  The Council will meet in Tallahassee on September 7 from 9:00 a.m. to 2:00 p.m. and via teleconference on September 14.  To access the September 14 call, dial 888-670-3525 and enter participant code 5652593223.

 

September 11

Florida Department of Law Enforcement Criminal Justice Standards and Training Commission public meeting to determine whether or not probable cause exists to pursue disciplinary action against the certification of sworn correctional, law enforcement or correctional probation officers.  10:00 a.m. Valencia Community College, Criminal Justice Institute, Auditorium, 8600 Valencia College Lane, Orlando, Florida.  To view the complete meeting notice, click here

 

September 20-21

Florida Model Jail Standards Review Subcommittee to discuss proposed changes, issues and concerns involving the minimum standards and operations of Florida’s county and municipal jails.  The meeting, which runs from 9:00 p.m. to 3:00 p.m., will be held at the Marion County Sheriff’s Office Jail’s Information and Visitation Center at NW 10th Street in Ocala, Florida.

 

 

PETITIONS GRANTED

 

  • The Florida Criminal Justice Standards and Training Commission has granted a permanent waiver of subsection 11B-27.002(4), F.A.C. to the Rockledge Police Department, which filed a petition on behalf of Nichole Parrish on July 31, 2012.  This Rule requires officers to become employed within four years of beginning basic recruit training.  The Police Department was in the process of hiring Ms. Parrish when she became subject to the restriction of this Rule.  As in a previous case before the Commission, employment was not completed prior to the expiry of the four years through no fault of the officer.  The Commission found that the Petitioner’s situation is unique, and that the Petitioner demonstrated that the strict application of this Rule would violate the principles of fairness.  Therefore a permanent waiver was granted for the completion of hiring protocols.  To view the Notice of Variance and Waiver, click here.
  • A petition filed by the State Regional Law Enforcement Training Council XV for a permanent waiver of Rule 11B-18.005, F.A.C. was granted by the Florida Criminal Justice Standards and Training Commission on August 9, 2012.  This Rule requires the Region XV Training Council to include members from agencies that no longer have law enforcement functions, or that no longer exist.  The petition supports the requested waiver by stating that those agencies should be permanently removed from the Training Council, and that the Supreme Court Marshal’s Office should be added, because that office does perform law enforcement functions.  The Commission found that the Petitioner’s situation is unique, and that the Petitioner demonstrated that the strict application of the Commission’s rules in this case would violate the principles of fairness.  To view the Notice of Variance and Waiver, click here.
  • On behalf of three officers, the Florida Department of Corrections filed a petition for permanent waiver of paragraph 11B-27.00213(4)(b), F.A.C.  The paragraph requires officers on a Temporary Employment Authorization (“TEA”) to have a four year break in service if they separate from employment while in good standing.  The Petitioner’s officers who were on TEA complied with all aspects of paragraph 11B-27.00213(4)(b), F.A.C. and Section 943.131(1), F.S.  They were involuntarily separated from employment with the Petitioner while in good standing because of the Petitioner’s budgetary issues.  The Commission found that the purposes of the underlying statute, Section 943.131(1), F.S., to ensure that TEA officers do not voluntarily separate from TEA employment while in good standing merely to pursue a more attractive TEA elsewhere, would be met by granting this waiver request.  The officers may obtain another TEA without waiting four years from June 3, 2011 if they comply with all other requirements for becoming TEA trainees.  The waiver request was granted permanently for the June 3 separation.
  • The Florida Criminal Justice Standards and Training Commission received a petition for a permanent waiver of paragraph 11B-35.0024(2)(b), F.A.C. from Manatee Technical Institute Law Enforcement Academy.  The paragraph requires students taking the Vehicle Operation Instructor Course to pass the course without remediation.  Five students from the March 31 to April 4, 2008 Vehicle Operations Instructor course at Manatee were remediated.  The petition supported the requested waiver by stating that the students would suffer a substantial hardship, as would the many students that these five have trained, by having their training nullified.  The petition further stated that such an outcome would violate principles of fairness.  On August 9, 2012, the Commission found that the Petitioner’s situation is unique, and that the Petitioner demonstrated that the strict application of the Commission’s rules in this case would violate the principles of fairness.  The five student instructors relied upon misinformation and remediated portions of their proficiencies, and were then permitted to graduate and instruct other officers in Vehicle Operations.  The Commission issued an order granting the Petitioner’s waiver.