Florida Police Chiefs Association Update: Week Ending December 21, 2012
Dec 21, 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 December 21, 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
Quincy Police Chief Summoned to White House
Quincy Police Chief Walt McNeil has been summoned to Washington, D.C. today to meet with Vice President Joe Biden and a panel of others on the issue of gun violence in America.
Blog: Scott names new Florida Department of Corrections chief
Gov. Rick Scott named Michael Crews as the new Secretary of the Department of Corrections Monday morning.
Fiscal cliff: Florida officials urge Congress to avoid cuts to law enforcement
Over the past four years, federal grants to the Fort Myers Police Department have paid for stop sticks to thwart fleeing criminals, video systems to record traffic stops and vests to stop bullets from piercing vital organs of officers.
THE NEWS SERVICE OF FLORIDA: Six Questions With “Gun-Free Zone” Florida State Representative
Rep. Dennis Baxley, an Ocala Republican and chairman of the House Judiciary Committee, has been all over the news this week.
Florida Department of Law Enforcement releases response regarding Dozier School
The Florida Department of Law Enforcement was asked on Dec. 11, 2012, by Agriculture Commissioner Adam Putnam, to review the findings of the University of South Florida report regarding the Boot Hill Cemetery at the Arthur G. Dozier School For Boys.
Florida bill to halt police drone spying
A bill introduced by Florida State Sen. Joe Negron would severely limit the use of unmanned flying surveillance drones by police and other law enforcement agencies.
Texting-While-Driving Ban: State Representative Doug Holder Sponsors New Bill
Exceptions apply to operators of authorized emergency vehicles or others reporting an emergency or criminal or suspicious act to law enforcement.
76 people apply to become Sanford’s next police chief
Seventy-six people – including nearly a dozen from Central Florida — have applied to become Sanford’s next police chief.
Van Etten named airport deputy police chief
Former Panama City Police Chief John Van Etten didn’t stay retired for long.
Holmes Beach to honor retiring Police Chief Jay Romine
The city commission of Holmes Beach held a reception for retiring Police Chief Jay Romine.
Seven South Florida Law Enforcement Officers Graduate from FBI National Academy
Michael B Steinbach, acting Special Agent in Charge of the FBI Miami Division, announces the graduation of seven South Florida law enforcement officers from the FBI National Academy today at a ceremony held in Quantico, Virginia.
Doral Police Chief Ricardo Gomez Fired
Doral Police Chief Ricardo “Ricky” Gomez is out of a job. He was fired by Interim City Manager Merrett Stierheim Tuesday morning, city spokeswoman Natalie French said
Midway Chief of Police Arrested
The Midway Chief of Police is accused of using a young person’s urine during a drug test and using City gas cards for personal use.
Palm Bay police land new, faster DNA analysis equipment
Palm Bay police have obtained new equipment that could generate DNA results in criminal cases in less than two hours — a development that could change the way crime scene investigations and even interrogations are handled.ABC News
Satellite Beach police chief to oversee City Hall operations
Satellite Beach Police Chief Jeff Pearson will now oversee City Hall operations until a permanent city manager is hired.
More tools available for do-it-yourself crime fighting
Maybe it’s the plethora of superhero movies in theaters these days or maybe people are just fed up with crime. Whatever the reason, more of us are taking on the role of crime-fighter, with more tools at our disposal — and the cops encourage it.
Cutting hours short can be a crime for Florida cops
Police officers who habitually leave work early can be charged with theft, a felony under Florida law.
- South Florida police officer investigations: Technology, take-home cars let officers slip out early
- Miami Beach ATV crash reveals dangers of AWOL cops
Four Hollywood cops shut out of DROP plan file lawsuit against city
Four police officers have filed a lawsuit against the city saying they have been unfairly barred from entering Hollywood’s deferred retirement option plan.
Strengthening Florida’s juvenile justice system
There is a lot to like about the Florida Department of Juvenile Justice’s new “Roadmap to System Excellence,” the topic of town hall meetings last week in Hillsborough and Pinellas Counties.
Law enforcement push residents to create Smart 911 profile
It’s a program that could save valuable seconds in an emergency and local law enforcement are pushing residents to create a Smart911 profile sooner rather than later. Smart911 is a safety profile available to anyone in Collier County.
“Grinch” Florida cop gives out onions instead of speeding tickets
A Florida police officer is issuing onions to speeders instead of tickets.
Shootings Costing U.S. $174 Billion Show Burden of Gun Violence
Shock, grief and an obsession with bringing the killers to justice consumed him for years.
Los Angeles Police Department apologizes to Notorius BIG’s family
Police detectives apologized to the family of Notorious B.I.G. for failing to warn them about the planned release of his autopsy report more than 15 years after he died in a drive-by shooting, the Los Angeles Police Department said Saturday.
REPORTS
Case Law Update: 12-07: Protective Sweep of Homes
Ruling: Officers cannot engage in a “protective sweep” of a home if the entry to the home is based solely on consent and the officers knew of any dangers before they entered the home.
In fiscal year 2011, the Departments of Justice (DOJ), Labor (Labor), and Health and Human Services (HHS) separately administered nine fragmented but minimally overlapping reentry grant programs with low risk of duplication.
Recent increases in prison admissions for opioid trafficking are primarily due to convictions for the prescription painkiller oxycodone. The majority of offenders admitted to prison for painkiller trafficking sold prescription painkillers to a confidential informant or undercover law enforcement officer. Most of these offenders have substance abuse problems and minimal prior criminal involvement.
During 2010, 29 Florida counties had pretrial release programs that supervised defendants who had been released from jail while awaiting disposition of their criminal charges. No program reported receiving state general revenue, with most programs (27) primarily funded through county funds. In addition, four programs received state or federal grants.
The 2009 Florida Legislature established eight post-adjudicatory drug courts to divert drug-addicted, prison-bound offenders to treatment, thereby saving state prison dollars. As of September 30, 2011, 1,190 offenders had been admitted to the program. Despite actions by the 2011 Legislature, the Office of the State Courts Administrator reports that the courts are not likely to serve enough offenders to expend all federal grant funds before they expire in March 2013.
The number of inmates who died while in the custody of local jails declined in 2010, falling to 918 from the 951 deaths in 2009. In Florida the number of deaths in local jails decreased from 87 in 2009 to 55 in 2010. Nationally suicide, the leading cause of local jail inmate deaths, remained at about the same level in 2010 (305 suicides) as in 2009 (304). The number of inmates who died while in the custody of state prisons declined from 3,414 in 2009 to 3,232 in 2010, for a total decrease of 5%. Cancer and heart disease were the most common causes of inmate deaths in state prisons and combined accounted for about 54% of all prison deaths in 2010. Florida’s number of deaths in state prison remained relatively constant with 278 deaths in 2009 and 275 in 2010.
In 2010, about 1.8 million nonfatal violent victimizations were committed by strangers, which was a 77% decline from 7.9 million victimizations in 1993. Strangers committed about 38% of nonfatal violent crimes, including rape/sexual assault, robbery, aggravated assault, and simple assault. From 2005 through 2010, about 10% of violent victimizations committed by strangers involved a firearm, compared to 5% committed by offenders known to the victim. From 1993 to 2008, among homicides reported to the FBI for which the victim-offender relationship was known, between 21% and 27% of homicides were committed by strangers and between 73% and 79% were committed by offenders known to the victims.
The federal prison population exceeds 218,000, a tenfold increase since 1980. This growth is projected to continue and is accompanied by increasing costs, which account for 25% of the department of Justice’s budget and edge out other important public safety priorities. Front-end decisions about who goes to prison and for how long have the greatest impact, suggesting that reductions in sentence lengths -particularly for drug offenders – can most directly contain future growth. “Back-end” changes, such as increasing earned credits for early release, can also help alleviate the pressure.
Since 2005, the number of registered sex offenders residing in Florida communities has increased by 28%, while the number of absconded offenders has continued to decline. Florida is 1 of 15 states substantially compliant with federal requirements and county sheriffs’ offices report compliance with statutorily required registration and public notification activities. However, local practices vary and some sheriffs could better coordinate with the Department of Corrections so as to not duplicate address verification efforts. Almost 25% of sex offenders are unable to obtain identification cards because they lack the needed documentation or money. State and local agencies have developed a stopgap measure, providing sex offenders with a letter that acknowledges that they attempted to obtain identification. Monitoring homeless sex offenders is problematic as it is time-consuming to verify their location and provide required public notice. In addition, some offenders may claim a transient address to avoid legal requirements and restrictions. Approximately 1,100 registered sex offenders were minors at the time of their offense. While many youthful offenders are subject to registration requirements, Florida law provides some exemptions for “Romeo and Juliet” cases and some other juvenile offenders
Persons who had disabilities experienced an annual average 923,000 nonfatal violent crimes during 2011. The rate of violence for males with disabilities was 42 per 1,000 in 2011, compared to 22 per 1,000 for males without disabilities. For females with disabilities, the rate of violence was 53 per 1,000 in 2011, compared to 17 per 1,000 for females without disabilities. An average annual 57% of nonfatal violent crime against persons with disabilities involved victims who had multiple disability types (hearing, vision, cognitive, ambulatory, self-care, independent living). While this was not statistically different from the percentage found in 2010 (51%), it was an increase from the percentage found in 2009 (41%). Serious violence (rape/sexual assault, robbery, and aggravated assault) accounted for about 43% of nonfatal violent crime against persons with disabilities, which was higher than the 31% found for persons without disabilities.
Bureau of Justice Statistics: Prisoners in 2011
During 2011, the number of prisoners under the jurisdiction of state and federal correctional authorities declined by 0.9%, from 1,613,803 to 1,598,780. However, the number of sentenced prisoners under the jurisdiction of the Federal Bureau of Prisons in 2011 increased by 6,409 inmates (up 3.4%) from 2010. During 2011, the number of releases from state and federal prisons (688,384) exceeded the number of admissions (668,800).
REGULATORY UPDATE
| Notice / Adopted |
Section | Description | ID | Publish Date |
|---|---|---|---|---|
 |
Proposed 11B-18.003 …… |
Permits training center directors to appoint or approval fiscal agents to maintain, who are record keepers for Trust fund Officer Training Monies, to meet the operational needs of the regions; Clarifies that an accredited …. | 12415047 | 12/21/2012 Vol. 38/96 |
| |
Proposed 11B-35.001 …… |
11B-35.001(1)(c): Makes grammatical revisions to clarify the sentence regarding post basic and in-service training. 11B-35.001(9)(b): Adds a topic title to the rule paragraph for the definition of “successful completion …. | 12417763 | 12/21/2012 Vol. 38/96 |
| |
Proposed 11B-14.001 …… |
Defines Automated Training Management System (ATMS) Global Profile Report; Requires use of the new ATMS Global Profile Reporting system to access officer/instructor records information; Clarifies the guidelines for retroactive …. | 12414465 | 12/21/2012 Vol. 38/96 |
| |
Proposed 11B-18.003 …… |
Permits training center directors to appoint or approval fiscal agents to maintain, who are record keepers for Trust fund Officer Training Monies, to meet the operational needs of the regions; Clarifies that an accredited …. | 12415047 | 12/21/2012 Vol. 38/96 |
| |
Proposed 11B-20.001 …… |
Updates the Instructor Certification form CJSTC-71 to revise the requirements for reporting instructor affiliation to a training school. Updates the Instructor Competency Checklist form CJSTC-81 to remove the requirement …. | 12416114 | 12/21/2012 Vol. 38/96 |
| |
Proposed 11B-21.002 …… |
Revises the training school recertification date to correspond with rule language in Rule 11B-21.002(5)(a), F.A.C. Repeals duplicate rule language for obtaining CJSTC forms. Updates the following forms to revise the …. | 12416502 | 12/21/2012 Vol. 38/96 |
| |
Proposed 11B-27.0011 …… |
Repeals Section 817.567, F.S., regarding “making false claims of academic degree or title,” from the list of misdemeanor or criminal offenses pursuant to new legislation effective 7/1/2011. Revises the oath on the Affidavit …. | 12416890 | 12/21/2012 Vol. 38/96 |
| |
Proposed 11B-30.0062 |
Clarifies the assignment and retake eligibility requirements. Deletes redundant rule language because the retired Traditional Law Enforcement basic recruit training program and cross-over training programs are listed in …. | 12417278 | 12/21/2012 Vol. 38/96 |
| |
Proposed 11B-35.001 …… |
11B-35.001(1)(c): Makes grammatical revisions to clarify the sentence regarding post basic and in-service training. 11B-35.001(9)(b): Adds a topic title to the rule paragraph for the definition of “successful completion …. | 12417763 | 12/21/2012 Vol. 38/96 |
| |
Proposed 11C-4.003 …… |
Rule 11C-4.003, F.A.C.: deletes a reference to the submission of the state identification number (FDLE number) which is not used by FDLE; adds a requirement that arrest charges be submitted using a Florida Statute chapter, …. | 12408063 | 12/21/2012 Vol. 38/96 |
| |
Proposed 11C-6.004 |
Removes duplicate rule language for completing a user agreement as already outlined in s. 943.0542(2)(a), Florida Statutes by removing the reference to the VECHS User Agreement – Volunteer & Employee Criminal History System …. | 12408548 | 12/21/2012 Vol. 38/96 |
| |
Proposed 11D-6.001 …… |
11D-6.001(5): Adds the definition of “Labels” to clarify the term “labels” with the implementation of Rapid ID to determine if a sample is needed to be collected from an offender and clarify the ambiguity of the term “labels.” …. | 12409033 | 12/21/2012 Vol. 38/96 |
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Proposed 11D-9.001 …… |
11D-9.001(8): Deletes obsolete rule references and adds new rule references. 11D-9.001(14): Adds new definition to correspond with the acronym used in Rule 11D-9.006. 11D-9.005(2)(c): Implements procedures for the web-based …. | 12409227 | 12/21/2012 Vol. 38/96 |
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Public Meeting Agency 11B |
Discussion of Region XIV reports and other Region XIV business matters. January 11, 2013 at 10:00 AM Miami Dade College, North Campus Room 9118 |
12377993 | 12/21/2012 Vol. 38/96 |
| |
Public Meeting Agency 60C |
To discuss the recommendations of Law Enforcement Consolidation Task Force SLERS and provide an anlysis in preparation for February 26, 2013 …. February 5, 2013, 9:00 a.m. – 5:00 p.m. Camp Blanding, Florida |
12422419 | 12/21/2012 Vol. 38/96 |
| |
Change 65G-4.0210 …… |
Definitions, General Provisions, Transition of Individuals to iBudget Florida, iBudget Cost Plan Development and Approval, Cost Plan Changes, Cost Plan Funding and Review | 12392058 | 12/19/2012 Vol. 38/94 |
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Variances 11B-35.001 |
a permanent waiver of Rule 11B-35.001(13), F.A.C., from Florida Public Safety Institute, on behalf of a Correctional recruit. Rule 11B-35.001(13), F.A.C., requires officers to have no more than one re-take for the examinations …. | 12403795 | 12/19/2012 Vol. 38/94 |
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Variances 11B-35.001 |
a permanent waiver of Rule 11B-35.001(9)(b), F.A.C., from Florida Public Safety Institute, on behalf of Delwyn Hall. Rule 11B-35.001(9)(b), F.A.C., requires students in General Instructor Techniques course to pass with a …. | 12403989 | 12/19/2012 Vol. 38/94 |
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Variances 11B-35.001 |
a permanent waiver of Rule 11B-35.001(13), F.A.C., from Florida Public Safety Institute on behalf of Correctional recruit Joshua E. Bridges. Rule 11B-35.001(13), F.A.C., requires officers to have no more than one re-take …. | 12406996 | 12/19/2012 Vol. 38/94 |
| |
Variances 11B-35.001 |
a permanent waiver of Rule 11B-35.001(9)(b), F.A.C., from Southwest Florida Public Service Academy (SFPSA), on behalf of Trooper Dewayne Cooper and Deputy Angelo Vaughn, both of whom took Florida General Instructor Techniques …. | 12407287 | 12/19/2012 Vol. 38/94 |