Florida Police Chiefs Association Update: Week Ending July 25, 2014
Jul 29, 2014
The following is an informational update on law enforcement news, events, legislative developments and meetings relating to the Florida Police Chiefs Association community as of July 25, 2014.
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
Corrections Chief Installs New Leaders At Troubled Miami-Dade Prison
A new warden has been named at Dade Correctional Institution after the previous warden and two of his assistants were fired after the investigation into an inmate death who died in a scalding shower was taking too long.
Trial Judge Denies “Stand Your Ground” Immunity Hearing For Marissa Alexander
The trial judge overseeing the case of Marissa Alexander, who faces 60 years in prison for firing a shot in a domestic dispute, has ruled that she is not entitled to a second immunity hearing under Florida’s controversial “stand your ground” self-defense law.
Court Authorizes Higher Ambulance Fee For Out-of-State Visitors, Opening Revenue Door
Rejecting arguments that the policy is unconstitutional, a Florida appeals court said that the city of Miami can charge an extra $100 when its rescue crews transport non-residents to hospitals for emergency care.
Florida Supreme Court Seeks Clarity on Inmates Sentenced to Life in Prison as Juveniles
The U.S. Supreme Court held that juvenile sentencing guidelines must offer young offenders the chance to have their cases reviewed after serving a certain number of years. A Florida law went into effect July 1, seeking to comply. But it remains unclear in key regards.
Florida’s Prescription Drug Database Could Get Tougher Restrictions
After Florida lawmakers failed to address the issue this spring, health officials are advancing an effort to tighten security on the state’s prescription drug database.
Florida department latest to offer space for Craigslist transactions
Craigslist is becoming a popular place for criminals to lurk, so South Florida police agencies are opening their doors to online buyers and sellers
Police Cutbacks Mean Citizens Pay Twice for Protection
If you want police protection in Florida, you’re going to have to pay extra for it, apparently.
Florida Police Chiefs Association Endorses Rick Scott
The Florida Police Chiefs Association announced its endorsement of Governor Rick Scott in the upcoming election for Governor of Florida.
Pam Bondi Endorsed by Florida Police Chiefs Association
The Florida Police Chiefs Association endorsed Florida Attorney General Pam Bondi for a second term, pointing to her record on public safety, fights against human trafficking, efforts against drugs and leading efforts to crack down on pill mills.
Florida Law Aims To Tighten Data Security
Florida’s new data privacy law increases security accountability for all enterprises; healthcare providers could face greater burden to protect patients’ personal information.
Florida Police Department Shaken over KKK Allegations
Fruitland Park police Chief Terry Isaacs said his department has been shaken by troubling but unproven allegations that a deputy chief and a former police corporal were associated with the Ku Klux Klan.
Justice Pariente noted that the Innocence Commission analyzed wrongful convictions and highlighted eyewitness misidentification, which has been a factor in 75 percent of convictions later exonerated through DNA evidence nationally.
Beware of Jury Duty Scammers Claiming To Be Law Enforcement
A reminder from Brevard law enforcement about a current scam that is being circulated throughout the country.
Low-hanging pants now a crime in Ocala, punishable by jail time, $500 fine
Pull up or pay up: It’s now illegal to wear low pants that expose underwear or bare buttocks in parts of Ocala.
Six honored at Police Hall of Fame lunch
Several Floridians were honored at a luncheon at the American Police Hall of Fame and Museum in Titusville
St. Petersburg gets new police chief
St. Petersburg Mayor Rick Kriseman told city leaders that he has selected Anthony Holloway to fill the vacancy left by the retirement of chief Chuck Harmon.
Delray Beach Police Department Announces Jeffrey S. Goldman as New Chief of Police
The City of Delray Beach and the Delray Beach Police Department are proud to announce that Jeffrey S. Goldman has been selected as Chief of Police for the City of Delray Beach, to begin September 1, 2014.
Parker appoints new police chief
The Parker City Council appointed Lt. Dennes Hutto as chief of police to replace the current retiring chief.
Plant City appoints new police chief
A retired Hillsborough County Sheriff’s colonel is Plant City’s new police chief.
Bradenton Police Department Motor Unit Ranked at Top by Law Enforcement Liaison Program
On June 27, 2014, the Bradenton Police Department‘s Motor Unit was recognized as the Florida’s Top Motor Unit by the Florida Law Enforcement Liaison Program for their participation in the Florida Motor Unit Challenge.
Clermont Police Department gets Law Enforcement Accreditation
The Clermont Police Department has just been awarded recertification by the Commission for Florida Law Enforcement Accreditation – one of just three Lake County law enforcement agencies that have achieved this standard.
Daytona Beach police seek feedback for re-accreditation
The Daytona Beach Police Department, which has been an accredited law enforcement agency since 1999, will be assessed and evaluated from July 23 through July 25 to insure the agency is meeting the standards set by the Commission for Florida Law Enforcement Accreditation.
The Florida State University Police Department came in first place in the University Agency Class of the 2014 Florida Law Enforcement Challenge at a ceremony held in Orlando.
Lauderhill Police Chief: Procedures done by the book
The Sun Sentinel’s recent editorial “Two Cities” may have presented a more accurate picture of the Lauderhill Police Department if it included essential facts and background, Lauderhill Police Chief Andrew Smalling writes in the Sun-Sentinel.
When law enforcement becomes militarized
Since this militarization of local sheriff operations is now evident everywhere, the question is . . . how did it come into being?
A Closer Look at Police-Involved Shootings in Florida
For years, violent crime has been on a steady decline in Florida – down 43 percent since 1993 – and around the nation. Yet the number of fatal police involved-shootings or justifiable homicides, as classified by law enforcement, has been on the rise in the Sunshine State. In 1999, 14 cases were reported, and in 2013, 58 cases were identified, a 314 percent increase.
Florida’s fireworks law is weak, rarely enforced
The Hillsborough County Sheriff’s Office says it does respond to fireworks complaints, but because the laws regarding them are so weak, there’s little they can do about it if they don’t witness the act themselves. Even if you are caught in the act, it’s just a misdemeanor.
“Move over” law often not obeyed
The Florida Highway Patrol and other law enforcement agencies say you need to know about the “move over” law; it could be the difference between life or death.
AirWatch to support Florida Law Enforcement Department for enterprise mobility
Florida Department of Law Enforcement has selected enterprise mobility management provider AirWatch by VMware to manage its agency wide deployment of government-owned mobile devices.
Miami police chief prohibits officers from working at nightclubs
The Miami police chief is cracking down on his force by prohibiting officers from taking off-duty assignments at nightclubs. This after a police sergeant is being accused of getting drunk at popular South Beach hot spot “Mango’s.”
Tampa Police Take Training to the Florida Holocaust Museum
It all started when Charles Ramsey, a Washington D.C. police chief, was touring the Holocaust Museum and found himself struck by the involvement of law enforcement in the genocide. Many participated in the killings, while others risked their lives to stop it.
Oldest active police officer named to state Boxing Hall of Fame
Hialeah police Lt. Leo Thalassites, 88, was inducted June 22 into the Florida Boxing Hall of Fame.
From the U.S. Government Accountability Office–Since fiscal year 2003, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), within the Department of Justice, has been focusing more on decreasing violent crime. Beginning in 2010, ATF made criminal organization investigations one of its highest priorities, similar to firearms investigations, and deemphasized alcohol and tobacco investigations that do not involve violent crime. ATF data show that alcohol and tobacco investigations decreased by 85 percent (from 168 to 25 investigations opened) from fiscal years 2003 through 2013. In 2012, to more effectively identify and address the most violent criminal threats, ATF established the Frontline initiative to, among other things, prioritize investigations and evaluate ATF’s efforts in reducing violent crime. ATF began evaluating its efforts in March 2014, and does not yet have a time frame for completing the evaluations. Thus, it is too early to tell how well Frontline helps ATF to assess how effective its investigations are in addressing violent crime.’
From the U.S. Government Accountability Office–In January 2013, the GAO reported that the Transportation Security Administration collected and used key canine program data in support of its National Explosives Detection Canine Team Program, but could better analyze these data to identify program trends. For example, GAO found that in reviewing short notice assessments (covert tests), TSA did not analyze the results beyond the pass and fail rates. Therefore, the TSA was missing an opportunity to determine if there were any search areas or types of explosives in which canine teams were more effective compared with others, and what, if any, training may be needed to mitigate deficiencies. The GAO recommended that TSA regularly analyze available data to identify program trends and areas that are working well and those in need of corrective action to guide program resources and activities. The TSA concurred and has taken actions that address the intent of our recommendation. For example, in the event a team fails a short notice assessment, the TSA now requires that canine team supervisors complete an analysis of the team’s training records to identify an explanation for the failure.
The Prevalence of Adverse Childhood Experiences (ACE) in the Lives of Juvenile Offenders
From the Office of Juvenile Justice and Delinquency Prevention–This paper examines the effects of adverse childhood experiences (ACEs) and their negative repercussions on adult health outcomes among 64,329 juvenile offenders in Florida. The prevalence of each ACE and an ACE composite score across genders and a risk-to-reoffend level classification are presented and compared to ACE studies conducted on adults. Analyses indicate offenders report high rates of ACEs and have higher composite scores than previously examined populations. Policy implications underline the need to screen for and address ACEs as early as possible to prevent re-offending and other negative outcomes.
From the U.S. Sentencing Commission–This report presents findings on the recidivism of crack-cocaine offenders who were released immediately before and after implementation of the 2007 Crack Cocaine Amendment, which resulted in a decrease in the recommended sentence length for crack cocaine offenses. The issue being addressed in this study is whether crack-cocaine offenders who received a reduced sentence retroactively under the amendment were more likely to recidivate than similarly situated offenders who did not receive a reduced sentence. On this issue, the study concluded that there is no evidence that offenders whose sentences were reduced in length pursuant to the amendment had higher recidivism rates than a comparison group of crack-cocaine offenders who were released after serving the longer sentences in force prior to the amendment. The recidivism rates for the two groups were approximately the same. The recidivism rate for those released retroactively was 43.3%, and it was 47.8% for the comparison group that served the longer sentences.
From the National Center for State Courts–This annual report focuses on what courts can do, and are doing, to serve the needs of two of society’s most vulnerable groups: juveniles and the elderly. Articles in two special sections focus on many aspects of juvenile justice and elder issues, such as the Models for Change Juvenile Justice Initiative, judicial leadership in addressing juvenile mental health issues, elder courts, and Working Interdisciplinary Networks of Guardianship Stakeholders. The report also addresses other topics of interest to state courts, such as improvement of jury service via technology, procedural fairness, and access to justice commissions. A new section highlights court accomplishments in each state, including the Florida judicial branch’s Foreclosure Backlog Reduction Plan for the State Courts System, which provided three effective solutions to improve the just and timely processing of foreclosure cases.
License Plate Readers for Law Enforcement: Opportunities and Obstacles
From the Rand Corporation–License plate reader (LPR) systems, while initially used to detect stolen vehicles and plates, are increasingly being tapped for a variety of investigations. Many privacy advocates have challenged the practice of storing LPR data not associated with a specific crime. According to the authors of this report, some police departments lack clear guidance on storing plate data, leaving privacy advocates to fear it can be kept and retrieved indefinitely. Some privacy advocates, departments, and lawmakers have moved to codify police procedures on recording these data; some have banned the technology’s use outright. LPR systems can be beneficial in providing assistance in any type of investigation, provided the necessary data are available to support the systems. Systems with the most database access and longest retention policies are the most beneficial because they can provide the greatest number of alerts and the ability to retrieve LPR data over time across law enforcement activities. System maintenance and data storage can increase cost.
Bullying, Sexual and Dating Violence Trajectories From Early to Late Adolescence
From the U.S. Department of Justice National Institute of Justice–This report presents results from a longitudinal study of a large sample of early adolescents which examined the impact of family abuse and conflict, self-reported delinquency, and peer delinquency on the behaviors of bullying, sexual harassment, and/or dating violence in the high school years. Family conflict, sibling aggression, and having delinquent friends were significant predictors of bullying behavior during middle school for girls. In high school, bullying behavior by girls predicted the perpetration of sexual harassment/violence; verbal emotional abuse; and dating violence, including sexual coercive behavior. Sibling aggression predicted bullying behavior for boys. Unlike girls, however, family conflict did not predict bullying or delinquent behavior. These findings suggest that interventions to counter the antisocial and delinquent behaviors identified should focus on family violence and conflict.
From the Substance Abuse and Mental Health Services Administration–Of the 10,144 outpatient-only substance abuse treatment facilities in 2012, 1% served driving under the influence or driving while impaired (DUI/DWI) clients exclusively, 36% served both DUI/DWI and other clients, and 63% did not have a specially designed DUI/DWI program. Thirty percent of facilities serving DUI/DWI clients only provided screening for mental disorders compared with 71% of facilities that served DUI/DWI and other clients and 71% of facilities without a specially designed DUI/DWI program. The majority of outpatient-only facilities provided transitional services, including aftercare/continuing care and discharge planning, but these services were offered less frequently by facilities that served DUI/DWI clients only.
Cost-Benefit Analysis: A Guide for Drug Courts and Other Criminal Justice Programs
From the U.S. Department of Justice National Institute of Justice–This report addresses several key cost-benefit analysis (CBA) concepts, including the difference between what cost-benefit researchers believe they are producing and what policymakers often believe they are receiving. Researchers believe they are estimating societal benefits, whereas policymakers believe they are receiving estimated fiscal benefits. The report describes a variety of data sources and analytical approaches that have wide applicability throughout criminal justice. Also addressed are practical considerations for conducting a CBA and a look at information often missing from technical reports, which tend to focus more on principles and theoretical foundations.
The Treatment of Persons with Mental Illness in Prisons and Jails: A State Survey
From the National Sheriffs’ Association–The survey found that, in state prisons in 31 states, the treatment of mentally ill inmates who object to treatment can be accomplished administratively through the use of a treatment review committee; however, even though this treatment mechanism is authorized in those 31 states, it is rarely used. Many county jails require mentally ill inmates to be transferred to a state psychiatric hospitals for treatment, but since such hospital are almost always full, treatment does not occur in most cases. The use of other options, such as solitary confinement or restraining devices, is sometimes necessary and may contribute to the worsening of symptoms. A model law is proposed that authorizes city and county jails to administer non-emergency involuntary medication for mentally ill inmates who need treatment.
West Virginia’s Justice Reinvestment
From the Council of State Governments–Faced with a prison population projected to increase 24% by 2018, West Virginia state leaders pursued justice reinvestment. After extensive quantitative and qualitative analyses identified key challenges in the state’s criminal justice system, policymakers developed a policy framework designed to strengthen community supervision, increase accountability, and expand access to substance use treatment. Justice reinvestment legislation was enacted in May 2013 and the state is projected to avert $287 million in construction and operating costs by 2018.
Probable cause to arrest defendant for solicitation of a minor for an unlawful sexual act after the state established that the defendant was the first to explicitly mention sex during chat session with undercover detective, and police adequately identified the defendant through Florida Department of Motor Vehicle and Highway Safety records prior to arrest.
The Nation’s Two Measures of Homicide
From the U.S. Department of Justice Bureau of Justice Statistics–This report describes and compares the two national data collection systems to track detailed information on homicides: the Federal Bureau of Investigation’s Supplementary Homicide Reports and the Centers for Disease Control and Prevention’s Fatal Injury Reports. Both measures were developed as part of a federal effort to improve national statistical systems in the early twentieth century and have gone through a number of changes since then to improve their consistency and coverage. Each program provides information on the nature, trends, and patterns of homicides in the United States. Although the two measures generally capture information on the same types of events, they are designed for distinct purposes and collect different types of information. In combination, however, they produce a fairly comprehensive understanding of homicide in the United States.
Suicidal Thoughts and Behaviors Among Detained Youth
From the Office of Juvenile Justice and Delinquency Prevention–Incarcerated youth die by suicide at a rate two to three times higher than that of youth in the general population. In this bulletin, the authors examine suicidal thoughts and behaviors among 1,829 youth ages 10 to 18 in the Northwestern Juvenile Project-a longitudinal study of youth detained at the Cook County Juvenile Temporary Detention Center in Chicago, Illinois. Approximately one in ten juvenile detainees (10.3%) thought about suicide in the past six months, and 11% had attempted suicide. More than one-third of male juvenile detainees and nearly half of female juvenile detainees felt hopeless or thought a lot about death or dying in the six months prior to detention. Recent suicide attempts were most prevalent in female detainees and youth with anxiety disorders. Fewer than half of detainees with recent thoughts of suicide had told anyone about their suicidal thoughts.
From Youth Advocate–This report highlights cost-effective, community-based alternatives to incarceration for high-needs youth. More than 8 of 10 youth remained arrest-free and 9 of 10 were at home after completing their community-based programs. Intensive programs based in the community can serve three to four youth safely for the same cost as incarcerating one child. This report details elements of effective community-based alternatives, including individualized services, cultural competence, positive youth development, safety and crisis planning, and “no reject/no eject” policies.
Pathways from Prison to Postsecondary Education Project
From the Vera Institute of Justice–This report presents the goals and implementation of the project Pathways From Prison to Postsecondary Education, a five-year national initiative to increase education and employment opportunities for incarcerated and formerly incarcerated individuals by supporting an expansion of educational opportunities in prison and subsequent entry into higher education after release. This effort involves partnerships between colleges, prison and parole officials, and community and business leaders. The project offers in-prison and post-release post-secondary education, which is provided by accredited local colleges and universities. The project includes vocational, developmental, GED, and college readiness courses, as well as academic support services.
RULEMAKING
Notice of Development of Rulemaking
Florida Department of Corrections
33-602.230 Institution Visits and Tours and Programs for the Public
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to remove rule language related to the Juvenile Offender Tour Program due to the repeal of Section 945.75, Florida Statutes.
SUBJECT AREA TO BE ADDRESSED: Juvenile Offender Tour Program.
RULEMAKING AUTHORITY: 944.09 FS.
LAW IMPLEMENTED: 944.09, 944.23, 945.75 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Paul Vazquez, 501 South Calhoun Street, Tallahassee, Florida 32399
REGULATORY HEARINGS AND MEETINGS
July 31
Notice of Meeting/Workshop Hearing
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: July 31, 2014, 10:00 a.m.
PLACE: Miami Dade College, North Campus, Room 9118
GENERAL SUBJECT MATTER TO BE CONSIDERED: 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, O. (305) 237-1329, Email: mpierre6@mdc.edu.
August 4-7
Notice of Meeting/Workshop Hearing
Florida Department of Law Enforcement Criminal Justice Standards and Training Commission
The Criminal Justice Standards and Training Commission announces a public meeting to which all persons are invited.
DATES AND TIMES: August 4 – 7, 2014
August 4, 2014, 8:00 a.m. – 5:00 p.m., Officer Discipline Class
August 5, 2014, 8:30 a.m. – 5:00 p.m., Officer Discipline Class
August 5, 2014, 8:30 a.m. – 12:00 p.m., Florida Criminal Justice Educators Association Meeting
August 5, 2014, 12:00 p.m. – 1:00 p.m., Training Center Director Executive Committee Meeting
August 5, 2014, 1:00 p.m. – 2:30 p.m., Training Center Director Steering Committee Meeting
August 5, 2014, 2:30 p.m. – 4:00 p.m., Training Center Director Basic Recruit Committee Meeting
August 5, 2014, 2:30 p.m. – 4:00 p.m., Training Center Director Advanced Training Committee Meeting
August 5, 2014, 2:30 p.m. – 4:00 p.m., Training Center Director Rules Committee Meeting
August 5, 2014, 4:00 p.m. – 5:00 p.m., Training Center Director Open Forum
August 6, 2014, 8:30 a.m. – 5:00 p.m., Officer Discipline Class
August 6, 2014, 8:30 a.m. – Open, Training Center Directors Association Business Meeting
August 6, 2014, 10:00 a.m. – 12:00 p.m., Law Enforcement Auxiliary Alternative Training Workshop
August 6, 2014, 10:00 a.m. – Open, Probable Cause Determination Hearings
August 6, 2014, 1:00 p.m. – 2:00 p.m., Regional Criminal Justice Selection Center Directors Association
August 7, 2014, 8:00 a.m. – Open, Criminal Justice Standards and Training Commission Business Agenda
August 7, 2014, 8:30 a.m. – 12:00 p.m., Officer Discipline Class
August 7, 2014, 9:30 a.m. – Open, Criminal Justice Standards and Training Commission Officer Disciplinary Hearings
PLACE: Sawgrass Marriott, 1000 PGA Tour Boulevard, Ponte Vedra Beach, FL 32082. Reservation Number: (800) 457-4653; Fax Number: (904) 285-0906; $102.00 each night Single or Double from 8/1/2014 – 8/9/2014. Check-in: 4:00 p.m. and Check-out: 11:00 a.m. Reservation Deadline: July 18, 2014.
GENERAL SUBJECT MATTER TO BE CONSIDERED: The above meetings are held to discuss issues relating to standards, training, examinations, certification, de-certification, record management for law enforcement, correctional, and correctional probation officers, trust fund issues, Commission rules, officer discipline penalty guidelines, and certification and recertification of criminal justice training schools.
A copy of the agenda may be obtained by contacting: Joyce Gainous-Harris at (850) 410-8615 or e-mail at JoyceGainous-Harris@fdle.state.fl.us if you have questions about the above meetings.
If you have questions about the Officer Discipline Agenda, please contact Lori Morea at (850) 410-8625 or e-mail at lorimorea@fdle.state.fl.us.
If you have questions about hotel accommodations, please contact Cheryl Taylor at (850) 410-8657 or e-mail at cheryltaylor@fdle.state.fl.us.
The Commission packet can be viewed or downloaded after August 1, 2014, at: http://www.fdle.state.fl.us/Content/getdoc/91a75023-5a74-40ef-814d-8e7e5b622d4d/CJSTC-Home-Page.aspx
August 21
Notice of Meeting/Workshop Hearing
Florida Department of Law Enforcement
The Criminal and Juvenile Justice Information Systems (CJJIS) Council announces a public meeting to which all persons are invited.
DATE AND TIME: Thursday, August 21, 2014, 9:30 a.m.
PLACE: Florida Department of Law Enforcement Headquarters, 2331 Phillips Road, Tallahassee, FL
GENERAL SUBJECT MATTER TO BE CONSIDERED: Various topics related to the criminal justice community. Topics include, but not limited to, the Council’s strategic plan, discussion of the computerized criminal history initiative, biometric identification and other projects occurring with state and national criminal justice agencies.
A copy of the agenda may be obtained by contacting: Rachel Truxell, (850)410-7116 or racheltruxell@fdle.state.fl.us.
UPCOMING FLORIDA POLICE CHIEFS ASSOCIATION EVENTS
August 18-22
Advanced Law Enforcement Executives Seminar
The Florida Hotel, 1500 Sand Lake Road; Orlando, FL
September 22-26
Future Law Enforcement Executives Seminar
The Florida Hotel, 1500 Sand Lake Road; Orlando, FL
October 25
IACP Annual Conference
121st Annual Conference, Orlando, FL
January 11-13, 2015
Mid-Winter Training Conference & Exposition
Hilton Tampa Downtown
To reserve your room, call 1-800-445-8667 and mention that you are with the Florida Police Chiefs Association, or click here.