Florida Police Chiefs Association Update–Week of February 13, 2012
Feb 17, 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 of February 13, 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
Prison privatization plan dies in Florida Senate
After three hours of often-emotional debate Tuesday, the Florida Senate slapped down a controversial plan to put a private company in charge of 14,500 prisoners in South Florida, killing a proposal that potentially meant millions of dollars for the Boca Raton-based Geo Group.
Governor Rick Scott orders broader look into law-enforcement crashes
Prompted by a three-day investigative series in the Orlando Sentinel, the Florida Highway Patrol will begin work immediately with Florida’s sheriffs and police chiefs on how to prevent police-vehicle crashes, Governor Rick Scott’s office announced Wednesday.
- Study: Florida Cops Crash Often, Ticketed Rarely
- Few agencies follow Monroe County sheriff’s lead on cop-chase reforms
A Florida International University student will have to stand trial for fatally stabbing a school football player after a judge on Thursday refused to dismiss the case under Florida’s controversial “Stand Your Ground” law.
Attorney: Smartphones test Florida secret recording law
Clearwater defense attorney Denis de Vlaming predicts the Florida law that makes it illegal to secretly record audio of someone is going to be seriously challenged in court because of smartphones.
Study: Florida among the most corrupt states
Federal prosecutors convict an average of 49 Florida public officials per year, making it the fourth most corrupt state, according to a University of Illinois at Chicago study.
John Timoney: The notorious Miami police chief sent to reform forces in Bahrain
The man who gained a reputation for cracking down on protests as police chief in Miami and Philadelphia is now bringing his controversial talents to Bahrain – for better or worse
Frontrunners emerge in Miami Beach police chief hunt
Miami Beach is nearing the end of a long and drawn-out search for a new chief to lead its embattled police department.
South Florida police department accused of racial profiling
Racial profiling claims are being made against a South Florida police department after some recent arrests were investigated by a public defender.
Doral city manager: Florida Department of Law Enforcement investigation a “political lynching”
Doral’s city manager is asking the Florida Department of Law Enforcement for an internal investigation into the agent who looked into accusations against the city’s police chief, calling the process a “political lynching.”
Report: Stun gun use rises in some departments
The use of stun guns by police is soaring in the mid-Hudson Valley, with the number of incidents tripling from 2006 to 2010, according to a Poughkeepsie Journal computer analysis of 467 police reports from 19 police departments.
U.S. Department of Justice Prioritizes Improving Legal Representation for Indigent Defendants
Almost 50 years ago the Gideon v. Wainwright decision determined that the Constitution required defendants in criminal cases to be provided with legal counsel, even if they cannot afford an attorney. Yet all across this country – the basic rights guaranteed under Gideon have yet to be fully realized.
U.S. Attorneys Announce Successful State-Wide Prescription Drug Abuse Summit
Kentucky’s U.S. Attorneys Kerry B. Harvey and David J. Hale, in conjunction with the University of Kentucky, hosted Kentucky’s first Prescription Drug Abuse Summit earlier this month.
REPORTS
U.S. Government Accountability Office Reports:
- Law Enforcement Body Armor (GAO-12-353): DOJ Could Enhance Grant Management Controls and Better Ensure Consistency in Grant Program Requirements
- Law Enforcement Body Armor (GAO-12-448T): DOJ Supports Its Use and Enhancements, but Could Strengthen Management of Its Related Grant Programs
- Maritime Security (GAO-12-202): Coast Guard Needs to Improve Use and Management of Interagency Operations Centers
- Bureau of Prisons (GAO-12-320): Eligibility and Capacity Impact Use of Flexibilities to Reduce Inmates’ Time in Prison
- Supply Chain Security (GAO-12-422T): Container Security Programs Have Matured, but Uncertainty Persists over the Future of 100 Percent Scanning
- Chemical, Biological, Radiological, and Nuclear Risk Assessments (GAO-12-272): DHS Should Establish More Specific Guidance for Their Use
U.S. Department of Justice Reports
- Research Report Digest, Issue Four: This research digest provides brief descriptions of studies in a variety of criminal justice disciplines, such as criminology and forensic sciences, and evaluations of technologies that are used in the law enforcement and corrections fields. This issue includes reports based on National Institute of Justice-funded research that were added to the National Criminal Justice Reference Service Abstracts Database from April-June 2011. Included are reports related to crime, violence, forensic sciences, law enforcement, corrections, and courts.
- Financial Exploitation of the Elderly: Financial exploitation of elders is complex and, in some instances, accompanied by other forms of elder mistreatment. This website provides information and resources on the characteristics and incidence of financial exploitation. It includes information about the differences between cases in which an elderly person was the victim of financial exploitation and cases in which an elderly person was the victim of both financial exploitation and neglect or physical abuse (referred to as hybrid financial exploitation).
- National Girls Institute Website: This website serves as a resource to help meet the needs of at-risk and delinquent girls, their families, and the agencies and organizations that serve them. Professionals can submit requests for training and technical assistance, as well as find current information about best practices, gender-responsive tools, research, and related events. The website also offers girls, their parents, and caregivers practical resources, and provides a vehicle for bringing girls’ issues to the forefront.
MEETINGS
February 22 at 4:00 p.m.; February 23 at 10:00 a.m.
Public Meeting/Workshop Hearing: Commission for Florida Law Enforcement Accreditation, Inc.
Location: Mission Inn Resort & Club, 10400 County Road 48, Howey-in-the-Hills, FL 34737
Discussion of candidate agencies for accreditation or reaccreditation and general business of the Commission. A copy of the agenda may be obtained by contacting: Debbie Moody, 1(800)558-0218, deborahmoody@fdle.state.fl.us. To view the notice, click here.
February 28 from 9:30 a.m. to 11:00 a.m.
Public Notice of Meeting/Workshop Hearing: Department of Management Services, Division of Telecommunications, Joint Task Force on Law Enforcement Radio Communications Board meeting to discuss operational matters for the Statewide Law Enforcement Radio System. Location: Betty Easley Conference Center, Room 166, 4075 Esplanade Way, Tallahassee, Florida 32399; Call-In-Number: 1(888)808-6959; Passcode 9227435. A copy of the agenda may be obtained by contacting: Bruce Meyers at (850)922-7510, bruce.meyers@dms.myflorida.com. To view the complete meeting notice, click here.
February 28, 2012 at 1:00 p.m.
DEPARTMENT OF LAW ENFORCEMENT Criminal Justice Standards and Training Commission
Notice of Proposed Rule: Regional Training Council Five-Year Plan
RULE No.: RULE TITLE: 11B-18.008: Areas of Responsibility
PURPOSE AND EFFECT: Repeals the requirement for the Regional Training Council to submit a Five-Year Plan to the Commission because the report is obsolete and no longer required by the Commission.
PLACE: Florida Department of Law Enforcement, 2331 Phillips Road, Tallahassee, Florida 32308
CONTACT: Donna Hunt at (850)410-8615, or donnahunt@fdle.state.fl.us, or write to Florida Department of Law Enforcement, Criminal Justice Professionalism Program, 2331 Phillips Road, Tallahassee, Florida 32308
February 28, 2012, 1:00 p.m.
DEPARTMENT OF LAW ENFORCEMENT Criminal Justice Standards and Training Commission
RULE NO.: RULE TITLE:
11C-6.003: System Security and Public Access
11C-6.004: Procedures for Requesting Criminal History Records
11C-6.010: Retention of Applicant Fingerprints
PURPOSE AND EFFECT: Repeals Rule 11C-6.003, F.A.C.; adds certain repealed language to Rule 11C-6.004, F.A.C. Updates Rule 11C-6.010, F.A.C., to conform to recent legislative changes.
SUMMARY: Requests and procedures for criminal history record checks and retention of fingerprints are updated.
PLACE: Florida Department of Law Enforcement, 2331 Phillips Road, Tallahassee, Florida 32308
CONTACT: Martha Wright at (850)410-8113 or marthawright@fdle.state.fl.us, or write to Florida Department of Law Enforcement, Criminal Justice Information Services, Attention: Martha Wright, 2331 Phillips Road, Tallahassee, Florida 32308
February 28, 2012, 1:00 p.m.
DEPARTMENT OF LAW ENFORCEMENT Division of Criminal Justice Information Systems
Notice of Proposed Rule: Medical Examiner Requirements for Fingerprints
RULE NO.: RULE TITLE:
11C-4.005: Deceased Notification Submission
11C-4.0065: Orders of Executive Clemency; Disposition
PURPOSE AND EFFECT: To repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.
SUMMARY: Repeal of Rule 11C-4.005, F.A.C., is required as it is duplicative of Medical Examiner requirements to submit fingerprints of unknown deceased individuals to FDLE per Rule 11G-2.002, F.A.C. Repeal of Rule 11C-4.0065, F.A.C., is required as it is duplicative of final disposition reporting procedures outlined in Rule 11C-4.006, F.A.C., and obsolete.
PLACE: Florida Department of Law Enforcement, 2331 Phillips Road, Tallahassee, Florida 32308
CONTACT: Jean Itzin at (850)410-7980 or jeanitzin@fdle.state.fl.us, or write the Florida Department of Law Enforcement, Crime Information Bureau, P. O. Box 1489, Tallahassee, Florida 32302
February 28, 2012, 1:00 p.m.
DEPARTMENT OF LAW ENFORCEMENT Criminal Justice Standards and Training Commission
Notice of Proposed Rule: Training Program-Related Rules
RULE NO.: RULE TITLE:
11B-35.001: General Training Programs; Requirements and Specifications
11B-35.0011: Requirements for Applicant Admission into a Law Enforcement, Correctional, and Correctional Probation Basic Recruit Training Program
11B-35.002: Basic Recruit Training Programs for Law Enforcement, Correctional, and Correctional Probation
11B-35.007: Specialized Training Program
11B-35.009: Exemption from Basic Recruit Training
PURPOSE AND EFFECT: Repeals the obsolete Role-Play Practicum Check Sheet form CJSTC-3. Updates the Alcohol Testing Program course hours to agree with the course hours in Rule 11B-35.007, F.A.C. To implement the new Florida CMS Correctional and related cross-over training programs, and the CMS Correctional Auxiliary Basic Recruit Training Programs by adding the new Florida CMS Correctional and related cross-over training program, and the CMS Correctional Auxiliary Basic Recruit Training Programs effective July 1, 2012; adding rule language to continue the existing Correctional Basic Recruit Training Program and related cross-over programs until the new programs are implemented; adding the state officer certification examinations required for the new Programs; and repealing obsolete basic recruit training programs. To implement eLearning (on-line training) for Specialized Training Program Courses by: Defining the daily student attendance records and excused absence process for eLearning; defining competency-based instruction; adding competency-based instruction for specialized training program courses and specialized instructor training courses; defining eLearning instruction; specifying the specialized training program courses available for eLearning; defining officer training units for delivery of specialized training courses; listing the specialized training programs allowed for eLearning; listing the specialized instructor training courses and the breath test and agency inspector courses excluded from eLearning; requiring courses to be delivered using the Learning Management System; defines Learning Management System; and creating the eLearning Course Minimum Standards form CJSTC-18 to document eLearning. To comply with statutory revisions to Section 943.17(1)(g), F.S., amended on 7/1/10, which removes the requirement for a correctional probation basic recruit training applicant to pass the Correctional Probation Basic Abilities Test prior to entering the Florida Correctional Probation Basic Recruit Training Program. To comply with statutory revisions to section 943.131(2), F.S., amended on 7/1/10 by revising the Equivalency-of-Training form CJSTC-76 and rule to allow individuals, certified by another state, military, or the federal government, to receive additional equivalency of training exemptions until the individual completes the required high-liability training and passes the state examination and gains employment and repealing State Officer Certification Examination Admission Voucher form CJSTC-517, which is currently required, along with form CJSTC-76, to take the paper and pencil state examination.
SUMMARY: Repeals form CJSTC-3; implementation of the new Computer-Based State Officer Certification Examination; updates the Alcohol Testing Program course hours; implementation of the new Florida CMS Correctional and related cross-over training programs, and the CMS Correctional Auxiliary Basic Recruit Training Programs; implementation of eLearning (on-line training) for Specialized Training Program Courses; removes repeals the Correctional Probation Basic Abilities Test; and allow individuals, certified by another state, military, or the federal government, to receive additional equivalency of training exemptions.
PLACE: Florida Department of Law Enforcement, 2331 Phillips Road, Tallahassee, Florida 32308
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Donna Hunt at (850)410-8615, or donnahunt@fdle.state.fl.us, or write to Florida Department of Law Enforcement, Criminal Justice Professionalism Program, 2331 Phillips Road, Tallahassee, Florida 32308
February 28, 2012, 1:00 p.m.
DEPARTMENT OF LAW ENFORCEMENT: Criminal Justice Standards and Training Commission
RULE NO.: RULE TITLE:
11B-21.005: Criminal Justice Training School Requirements for Certification and Re-certification
PURPOSE AND EFFECT: To comply with statutory revisions to Section 943.17(1)(g), F.S., amended on 7/1/10, by repealing the requirement for a correctional probation basic recruit training applicant to pass the Correctional Probation Basic Abilities Test prior to entering the Florida Correctional Probation Basic Recruit Training Program.
SUMMARY: Repeals the Correctional Probation Basic Abilities Test
PLACE: Florida Department of Law Enforcement, 2331 Phillips Road, Tallahassee, Florida 32308
CONTACT: Donna Hunt at (850)410-8615 or donnahunt@fdle.state.fl.us, or write to Florida Department of Law Enforcement, Criminal Justice Professionalism Program, 2331 Phillips Road, Tallahassee, Florida 32308
February 28, 2012, 1:00 p.m.
DEPARTMENT OF LAW ENFORCEMENT Criminal Justice Standards and Training Commission
Notice of Proposed Rule: Relating to Moral Character, Certification, Reactivation, Terminatino; Revocation or Disciplinary Actions
RULE NO.: RULE TITLE:
11B-27.0011: Moral Character
11B-27.002: Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers
11B-27.00212: Maintenance of Officer Certification
11B-27.005: Revocation or Disciplinary Actions; Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances
PURPOSE AND EFFECT: Updates the moral character violations for an officer’s failure to maintain good moral character; grants additional equivalency of training exemptions in Commission rules and on the Equivalency of Training form CJSTC-76 and Equivalency of Training Proficiency Demonstration form CJSTC76A; adds language to the Affidavit of Separation form CJSTC-61 to require a written documentation of an officer/instructor’s internal or criminal investigation upon separation of employment and revises the Oath to comply with Section 117.05(13)(a), F.S.; revises the rules and the Firearms Law Enforcement Officer Qualification Standard form CJSTC-86B to allow an extension to complete the required bi-annual Firearms Qualification Standard due to chronic illness and revises the Oath on form CJSTC-86B to comply with Section 117.05(13)(a), F.S.; adds Section 901.36(1), F.S., to the penalty guidelines for the violation of “using a false name or false identification by a person arrested or lawfully detained”; adds as an aggravating circumstance, the revocation of an officer’s certification for cases where a respondent has been notified and failed to answer the Administrative Complaint or failed to respond to the allegations of misconduct alleged by the Commission; and housekeeping revisions on the Affidavit of Separation Supplement form 61A.
SUMMARY: Updates moral character violations; complies with Section 943.131(2), F.S., to grant additional equivalency of training exemptions by amending Commission rules and CJSTC forms 76 and 76A; compliance with procedures regarding internal or criminal investigations; compliance with Florida Statutes regarding the Oath on forms CJSTC-61 and 86B; allows chronic illness excuse for an extension to complete the required bi-annual Firearms Qualification Standard; updates officer discipline penalty guidelines; and housekeeping revisions on the Affidavit of Separation Supplement form 61A.
PLACE: Florida Department of Law Enforcement, 2331 Phillips Road, Tallahassee, Florida 32308
CONTACT: Donna Hunt at (850)410-8615, or donnahunt@fdle.state.fl.us, or write to Florida Department of Law Enforcement, Criminal Justice Professionalism Program, 2331 Phillips Road, Tallahassee, Florida 32308