Florida Police Chiefs Association Update: Week Ending December 20, 2013

Dec 20, 2013

 

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 December 20, 2013. 

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& Webb.

 

 

NEWS

 

Florida Supreme Court rules execution drug is effective sedative

The Florida Supreme Court unanimously upheld the state’s new lethal injection procedure, clearing the way for the execution of a Death Row inmate who argued it was ineffective and caused needless suffering.

 

CNN:  6 arrested in probe of Florida inmates’ escape — including escapees themselves

Two murderers who allegedly used forged documents to escape from a Florida prison and four other men were arrested Thursday in connection with an alleged scheme that created the equivalent of a get-out-of-prison-free card and ensured the pair’s escape, a state official announced.

 

Florida Senate files sweeping overhaul of state’s sexual predator laws

The Senate Tuesday filed sweeping reforms designed to strengthen Florida’s sexual predator laws as more of those predators continue to slip “through the cracks.”

 

Smile: Orlando police soon will use body cameras

Orlando police are going to find out. In partnership with criminologists at the University of South Florida, OPD will outfit 50 officers with point-of-view cameras for a year to study how they interact with people they encounter on the beat.

 

St. Petersburg police chief tightens use of force policy

Police officers will now face tougher standards in their use of deadly force.  In one of his last acts as police chief, Chuck Harmon on Tuesday made significant changes to the policy that dictates how and when officers are allowed to fire their weapons.

 

Miami Gardens Police Chief Resigns Following Racial Profiling Allegations

The police chief of Miami Gardens resigned this week amid allegations of rampant racial profiling.  Chief Matthew Boyd was planning to resign in January, but instead left his post on December 11, according to reports.

 

State of Florida drops charges against man filming Brevard traffic stop

Prosecutors have dropped charges against a man who was arrested after filming Brevard County Sheriff’s Deputies.

 

Gun accidents in Florida are double the national average

It’s not armed robbers or warring gangs who send the greatest percentage of gunshot survivors to Florida emergency rooms.  It’s people who shoot someone, or themselves, accidentally.

 

Florida is the most dangerous place for homeless, hate crimes report says

Florida ranks first in the nation, again, as the most dangerous place for the homeless to live, according to the 2012 Homeless Hate Crimes report.

 

Florida town turns from crime capital to cultural haven

Opa-locka hopes to lure artists and galleries from nearby Miami

A former Florida state senator is teaming up with the Miami-Dade County cultural department to lure artists and galleries to a small town 13 miles north of Miami.

 

Florida “Grinch” Cop Handing Out Onions Instead of Speeding Tickets

In an effort to give speeders a bit of a break during the holiday season, a Florida police officer dresses up as the Grinch and hands out onions instead of citations to motorists who speed through certain school zones on the Florida Keys Overseas Highway.

 

 

REPORTS

 

Correctional Populations in the United States 2012

From the U.S. Department of Justice Bureau of Justice Statistics:  Adult correctional systems include offenders supervised in the community under the authority of probation or parole agencies and inmates held in state and federal prisons or local jails.  Approximately 6.9 million offenders were under the supervision of adult correctional systems at the end of 2012, declining by about 51,000 offenders during the year.  The decrease during 2012 was the fourth consecutive year of decline in the U.S. correctional population.  Although the correctional population declined by 0.7% during 2012, this was the slowest rate of decline observed since 2009, when the population first decreased. In 2012, about one in every 35 adults in the United States, or 2.9% of adult residents, was on probation or parole or incarcerated in prison or jail, the same rate observed in 1997.  An estimated one in every 50 adult residents was supervised in the community on probation or parole at the end of 2012 compared to one in every 108 adults incarcerated in prison or jail.

 

From Courts to Communities:  The Right Response to Truancy, Running Away and Other Status Offenses

From the Vera Institute of Justice:   Young people who run away from home, skip school, or engage in other risky behaviors that are only prohibited because of their age end up in courtrooms every year by the thousands.  Responding to these cases, called “status offenses,” in the juvenile justice system can lead to punitive outcomes that are out of proportion to the young person’s actions and do nothing to assess or address the underlying circumstances at the root of this misbehavior.  Between 1995 and 2002 the number of status offense cases processed in family and juvenile courts across the country increased 59%, from 128,700 cases to 204,200.  The authors of this report aim to raise awareness about status offenses and spur conversations about how to effectively handle these cases by offering promising examples of state and local reform.

 

Victims of Identity Theft, 2012

From the U.S. Department of Justice Bureau of Justice Statistics:  About 7% of persons age 16 or older were victims of identity theft in 2012. The majority of identity theft incidents (85%) involved the fraudulent use of existing account information, such as credit card or bank account information.  Victims who had personal information used to open a new account or for other fraudulent purposes were more likely than victims of existing account fraud to experience financial, credit, and relationship problems and severe emotional distress.  About 14% of identity theft victims experienced out-of-pocket losses of $1 or more.  Of these victims, about half suffered losses of less than $100.  Over half of identity theft victims who were able to resolve any associated problems did so in a day or less; among victims who had personal information used for fraudulent purposes, 29% spent a month or more resolving problems.

 

Improving the Response to Misdemeanors by Adopting Community Court Practices

From the Center for Court Innovation:  This fact sheet highlights five recommendations from a comprehensive evaluation of the Red Hook Community Justice Center.  The authors suggest that criminal courts throughout the country could adopt practices honed in community courts, such as new assessment tools, enhanced monitoring of court orders, information technology, procedural justice efforts, and expanded sentencing options, to improve the handling of misdemeanor cases.

 

World Drug Report, 2013

From the United Nations Office on Drugs and Crime:  This report presents a comprehensive overview of the latest developments in drug markets worldwide.  Topics covered include production, trafficking, consumption, and related health consequences of traditional drugs and new psychoactive substances (NPSs).  Findings show that, while the use of traditional drugs such as heroin and cocaine seems to be declining in some parts of the world, prescription drug abuse and NPS abuse is growing.  The number of NPSs on the market rose from 166 at the end of 2009 to 251 by mid-2012, an increase of more than 50%, and for the first time, the number of NPSs exceeded the total number of substances under international control.  These substances are legal and marketed as ‘legal highs’ and ‘designer drugs’.

 

Assessing the Relationship Between Exposure to Violence and Inmate Maladjustment within and Across State Correctional Facilities

From the South Carolina Research Foundation (University of South Carolina):  Exposure to violence prior to incarceration affected inmates’ maladjustment after imprisonment.  In addition, exposure to some types of violence (e.g., abuse as a child) was more likely to contribute to inmate maladjustment compared to exposure to other types of violence.  The magnitude of the relationships between exposure to different types of violence and some forms of maladjustment varied across facilities and the variation in these relationships was influenced by the characteristics of the facilities in which inmates were confined.

 

 

REGULATORY NOTICES


Notice of Declaratory Statement

Florida Department of Management Services

    NOTICE IS HEREBY GIVEN that the Public Employees Relations Commission has issued an order disposing of the petition for declaratory statement filed by Angelique Henderson on November 7, 2013.  The following is a summary of the agency’s disposition of the petition:  Seeking the Commission’s interpretation of Section 447.501(2)(a), Florida Statutes (2013), the Petitioner asked the following question: may a County employee who is represented by the Dade County Police Benevolent Association (“PBA”) file an unfair labor practice charge against the PBA alleging a breach of its duty of fair representation regarding the manner in which it processed a grievance regarding promotions?  On December 18, 2013, in re Petition for Declaratory Statement of Angelique Henderson, Case No. DS-2013-003, the Commission granted the petition and answered the question in the affirmative.

      A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting:  Barry E. Dunn, Clerk, Public Employee Relations Commission, 4050 Esplanade Way, Suite 135, Tallahassee, Florida 32399-0950.

      Please refer all comments to:  The Clerk, Public Employee Relations Commission, 4050 Esplanade Way, Suite 135, Tallahassee, Florida 32399-0950.

       

      Final Adopted Rule

      Effective December 16, 2013

      5N-1.120:  Filing of Application; Temporary Authority for Out-of-State Licensees During Declared Emergencies

      In its former version, this Rule restricted out-of-state security personnel from coming into the state of Florida to provide security services during an officially declared state of emergency unless the security personnel were employed by a security agency already licensed in Florida under the provisions of Chapter 493.  The Rule had not been substantially revised or updated since the early 1990s.  The changes are intended to achieve the following objectives.  

      1.    The new language revises this Rule to establish up-to-date conditions that out-of-state security personnel must meet and abide by in order to enter Florida to provide services during a declared emergency.  Specifically, out-of-state personnel must meet following criteria:

      a.    They must be licensed as security personnel in their home state;

      b.    They must have received some minimum formal training in the security field; and,

      c.    They must have passed a criminal background check as part of the licensure process.

      2.    The new Rule will also allow out-of-state security personnel to carry whatever firearms and ammunition that are allowed under their home state’s laws and rules, except that rifles and shotguns will be prohibited.  

      3.    The revised Rule will retain the requirement that out-of-state security personnel must be in agent or employee of a security agency already licensed in accordance with the laws of Florida; however, the Rule will contain an exemption that will allow security personnel who are solely employed by a utility company (electric, gas, water, etc.) to come into Florida to assist Florida utilities with infrastructure repair and service restoration.  

      4.    The Rule specifically allows currently certified and active law enforcement officers to provide security services during a declared state of emergency.

      5.    The Rule specifies that out-of-state security personnel providing security services during a declared state of emergency will be subject to the authority of Chapter 493, Florida Statutes, and rule chapter 5N-1 while in this state, and they will be granted authority to work in Florida only for the duration of the declared state of emergency.

       

      UPCOMING EVENTS

       

      January 12, 2014

      2014 Mid-Winter Training Conference & Exposition  The Florida Police Chiefs Association’s 2014 Mid-Winter Training Conference and Exposition will be held January 12 – 14, 2014 at the Rosen Centre Hotel, 9840 International Drive, Orlando, FL 32819 and you are cordially invited to attend.  Please make your plans now to join us for this outstanding event!  To make your reservations please contact the hotel directly at (800) 204-7234, be sure to mention you are with the Florida Police Chiefs Association to secure your special rate which includes self-parking at the hotel.

       

      January 14, 2014

      FLORIDA DEPARTMENT OF LEGAL AFFAIRS

      Division of Victim Services and Criminal Justice Programs

      The Council on the Social Status of Black Men and Boys announces a telephone conference call to which all persons are invited.

      DATE AND TIME:  January 14, 2014, 2:00 p.m. – 4:00 p.m.
      PLACE:  Toll-free dial-in number: 1 (888) 670-3525; conference code: 8470026713

      The Council shall make 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

      A copy of the agenda may be obtained by contacting: http://www.cssbmb.com.

       

      January 16, 2014

      FLORIDA DEPARTMENT OF LAW ENFORCEMENT

      Criminal Justice Standards and Training Commission

      The Region XIV Trust Fund Advisory Council announces a public meeting to which all persons are invited.

      DATE AND TIME:  January 16, 2014, 10:00 a.m.
      PLACE:  Miami Dade College, North Campus, Room 9118

      Discussion of Region XIV Reports and other Region XIV business matters.

      A copy of the agenda may be obtained by contacting: Maevis Pierre, Interim, Region XIV Secretary, (305)237-1329, email: mpierre6@mdc.edu.