Florida Police Chiefs Association Update: Week Ending September 19, 2014

Sep 18, 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 September 18, 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.





Miami Beach Approves Use of Police Body Cameras

Approval comes as poll shows 68 percent support body camera technology for police


Police chief suspended over ticket quotas resigns

One of the two Waldo police chiefs suspended over the past month due to allegations of illegal ticket quotas has resigned.


Coral Gables Names New Interim Police Chief

The city of Coral Gables named Major Ed Hudak as the interim police chief Thursday afternoon, less than a day after previous chief, Dennis Weiner, announced his resignation.


Bradenton Police deputy chief is suspended

The second-highest ranking officer at the Bradenton Police Department has been suspended with pay while Manatee County Sheriff’s Office internal affairs investigators conduct a criminal investigation.


Florida police chief defends cop who threatened to shoot young black man because he filmed his partner throwing him on the ground

A Florida police chief has come to the defense of his officers after a video surfaced on YouTube showing two white Boynton Beach cops dragging a black youth out of a car and threatening his friend with a gun during a traffic stop.


New York Times:  Florida Police Aren’t Being Prosecuted For Deadly Force

The New York Times reported last week that the state of Florida is not prosecuting police when they use lethal force. In fact, according to the Times, “in the past 20 years, not a single officer in Florida has been charged with using deadly force.”


Florida fires 13 prison employees in crackdown

State prison officials did some major house cleaning this week, firing 13 people in the wake of widespread abuse allegations.


“Most dangerous” Florida cities ranked

We’ve told you before that Florida is a dangerous place to live, now here’s a look at which Florida cities are the most dangerous.


Florida police often won’t investigate sexual assaults – unless victims tell them to

Not all crimes are equal: A New York Times analysis shows why so many sexual assault cases are dismissed

According to a New York Times analysis, police in Florida and other parts of the country have a different method of addressing sexual assault allegations, which involves asking the accuser if she or he wants to move forward with an investigation – instead of simply proceeding with an investigation as they would for other crimes.


Florida’s campus cops solve few crimes

As more than 335,000 students head to Florida’s 12 state universities for fall semester in the coming days, they should know this: If they become the victim of a crime – whether a cellphone theft or an assault – the perpetrator is not likely to be caught.


Campus Cops With M-16s

University of Central Florida PD Owns an M-79 Grenade Launcher

After Ferguson cops greeted unarmed protesters with tear gas and combat vehicles, there was public gnashing of teeth over whether police departments really need military gear, acquired from the Pentagon through the federal 1033 transfer program. Some national politicians, notably Republican Senator Rand Paul, criticized the militarization of law enforcement.


Shaquille O’Neal Applies to Join Reserve Police Force in Florida

Retired NBA star and very tall man-about-town Shaquille O’Neal has applied to be a reserve police officer in Doral, Fla.

Crime Is Down Across the Country – Here Are 50 Reasons Why

The huge surge in the U.S. incarceration rate since passage of a tough federal anti-drug and violent crime law in 1994 greatly added to state and federal operating budgets but also coincided with a major reduction in serious crimes.





Arrestee Substance Use: Comparison of Estimates from the National Survey on Drug Use and Health and the Arrestee Drug Abuse Monitoring Program

From the Substance Abuse and Mental Health Services Administration–Many of the individuals who come into contact with law enforcement and the criminal justice system use illegal drugs. Drug charges made up the largest category of arrest charges in the United States in 2009. Of the estimated total of 13,687,241 arrests in 2009, nearly 1.7 million arrests were for drug-related charges, 82% of which were for drug possession charges. Furthermore, of the nearly 500,000 individuals admitted to state prisons in 2008, 29% were sentenced for drug-related offenses. High rates of drug use and treatment need have been reported among persons arrested for nondrug-related offenses as well. To address the treatment needs of arrestees and to develop appropriate programs and policies for dealing with drug use in criminal justice populations, it is crucial that policymakers have accurate information on substance use rates and patterns and treatment needs among the arrestee population.


Preparing and Responding to Cyberbullying:  Tips for Law Enforcement

From the International Association of Chiefs of Police–Cyberbullying is bullying through technology, such as computers and cell phones. Law enforcement officers are increasingly confronted with cyberbullying complaints due to the prevalence of technology used by children and youth and new legislation and laws addressing these types of incidents. Some cyberbullying incidents may warrant criminal action, while others may not. This tip card provides more than 20 recommendations to help law enforcement address and investigate cyberbullying in their communities. This resource highlights information from experts in the fields of law enforcement, youth trauma, mental health, computer crimes, victim services, and education. The tip card is available in English and Spanish.


Meaningful Use and Corrections: Unknown Opportunities

From Community Oriented Correctional Health Services–This article identifies and discusses issues related to jails’ participation in the federal government’s incentive programs designed to promote the adoption of electronic health record (EHR) systems, which are commonly referred to as meaningful use. Providers demonstrate meaningful use by attesting to certain criteria for different stages. A few correctional health services have recently begun participation in the incentive programs, and others are considering it. Others are pursuing plans to acquire and implement EHR systems associated with it, even though they do not intend to participate in the federal programs. After providing an overview of meaningful use provisions and incentives, emphasizing its use for health care provided in jails, this article discusses the benefits and difficulties of participation in the program by jail health-care providers. It also outlines the steps that jail health care systems must take in order to participate. Regarding benefits, the incentive programs offer jails an opportunity not only to access federal funds for needed EHR systems but also to connect with the mainstream health care system and significantly improve the health of a high-risk, disenfranchised population.


Close-Range Gunfire around DC Schools

From the Urban Institute–This report examines the incidence of gunfire as measured by gunshot-detection technology using data from the 2011-2012 school year. It finds that a disproportionate volume of gunfire happened near a small share of DC schools. About half of DC schools covered by gunshot detection sensors are in close proximity to gunfire, and four schools were subject to repeated bursts of gunfire. These findings provide information about students’ exposure to violence and raises questions about the psychological impact of gunfire on students and how their proximity to gunfire may affect truancy and educational outcomes.


How Effective Is Correctional Education, and Where Do We Go from Here? The Results of a Comprehensive Evaluation

From RAND Corporation–This report provides the results of an evaluation on the state of correctional education programs for adults and juveniles. It includes a meta-analysis on correctional education’s effects on recidivism and post-employment outcomes for adults, as well as a synthesis of research on programs for youth. It also includes results from a nationwide survey of state correctional education directors, which was conducted to understand how correctional education is provided today and the impact of the recession on programs. The report also provides recommendations on how to improve both correctional education and its related research.


The Arc’s National Center on Criminal Justice and Disabilities Resource Map

From the National Center on Criminal Justice and Disabilities–This new Web site provides a state-by-state map of criminal justice and disability resources and experts for advocates and criminal justice professionals.


Elder Justice

From the U.S. Department of Justice–This new website serves as a resource for elder abuse prosecutors, researchers, practitioners, and victims of elder abuse and their families. It also serves as a forum for law enforcement and elder justice policy communities to share information and enhance public awareness about elder abuse and further prevent and combat elder abuse and financial exploitation.


Mending Justice:  Sentinel Event Reviews

From the National Institute of Justice–Organizational accidents are potential “sentinel events,” incidents that could signal more complex flaws that threaten the integrity of the system as a whole. This report explores the potential to learn from errors in the criminal justice system by applying a sentinel event review approach. The authors discuss how principles used by aviation and medicine to improve outcomes could be adopted in criminal justice. The report also includes 17 commentaries from criminal justice researchers, practitioners, and other stakeholders.


Aging Behind Bars: Trends and Implications of Graying Prisoners in the Federal Prison System

From the Urban Institute–This report provides an in-depth examination of the growth patterns in the largest correctional system in the United States-the U.S. Bureau of Prisons. The number of prisoners age 50 or older experienced a 330% increase from 1994 to 2011. The authors find that the proportion of these older prisoners is expected to have an even steeper growth curve in the near future and they may consume a disproportionately large amount of the federal prison budget. Recommendations for policy and research include expanding data-driven knowledge on older prisoners and developing cost-effective management plans for them.


Measuring and Using Juvenile Recidivism Data to Inform Policy, Practice, and Resource Allocation

From the Council of State Governments Justice Center–To understand to what extent states currently track recidivism data for youth involved in the juvenile justice system and use that information to inform policy and funding decisions, the authors of this brief surveyed juvenile correctional agencies in all 50 states. This issue brief highlights the key findings of the survey and provides state and local policymakers with five recommendations for improving their approach to the measurement, analysis, collection, reporting, and use of recidivism data for youth involved with the juvenile justice system. In addition, it provides examples of how select states have translated these recommendations into policy and practice.





Notice of Proposed Rule

Division of Victim Services and Criminal Justice Programs

2A-2.016   Human Trafficking Relocation Assistance

PURPOSE AND EFFECT:  To add Human Trafficking Relocation Assistance to the program.

SUMMARY: This rule provides the definitions, eligibility, application and documentation requirements and processes for victims of crime, as well as the role of the program assistants assisting the victims in the process.




To view the full text of the proposed Rule, click here.


Notice of Proposed Rule


33-602.230  Institution Visits and Tours and Programs for the Public

PURPOSE AND EFFECT: The purpose and effect of the proposed rule is terminate the Department’s Juvenile Offernder Tour Program due to the repeal of Section 945.75, Florida Statutes.

SUMMARY: The proposed rule removes language related to the Juvenile Offender Tour Program due to the repeal of Section 945.75, Florida Statutes.


LAW IMPLEMENTED: 944.09, 944.23, 945.75 FS.


THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Paul Vazquez, 501 South Calhoun Street, Tallahassee, Florida 32399-2500

To view the full text of the proposed Rule, click here.




Notice of Variances and Waivers


Criminal Justice Standards and Training Commission

11B-35.0010        eLearning Instruction

NOTICE IS HEREBY GIVEN that on August 25, 2014, the Department Of Law Enforcement Criminal Justice Standards and Training Commission received a petition for a one-year waiver of subsection 11B-35.0010(1), F.A.C., from Colonel David H. Brierton of the Florida Highway Patrol (FHP) on behalf of the Florida Department of Highway Safety and Motor Vehicles. The Petitioner wishes to temporarily waive for one year that portion of the rule which states training schools are permitted to use eLearning instruction for Commission-approved Specialized Training Program Courses, Specialized Instructor Courses, and courses created from Specialized Goals and Objectives. The Petitioner requests permission to conduct a one-year pilot program to utilize eLearning to train Auxiliary Officer Basic Recruits. Petitioner states that the eLearning would utilize a virtual classroom via teleconference to deliver training around the state within approved CJSTC satellite classrooms. Petitioner states that the training would encompass 63 hours of instruction including 27 hours of Law Enforcement Auxiliary Introduction; 19 hours of Law Enforcement Auxiliary Patrol and Traffic; and, 17 hours of Law Enforcement Auxiliary Investigations. Petitioner states that CJSTC certified instructors including members of the Florida Highway Patrol Auxiliary would act as proctors in each satellite classroom to provide structure and discipline during the pilot program. Petitioner states that no high liability topics would be covered via eLearning. Petitioner states that the proposed program has been vetted through CJSTC training center directors and they support the pilot program.

Petitioner states that the purpose of Sections 943.175 and 943.25, F.S., will be achieved if the waiver is granted and will assist FHP in delivering effective and consistent training throughout the state. Petitioner states that the pilot program will limit the number of sworn instructors tasked with providing instruction and will allow those instructors to continue working their regular assigned shifts.

A copy of the Petition for Variance or Waiver may be obtained by contacting: Linton B. Eason, Assistant General Counsel, Florida Department of Law Enforcement, P.O. Box 1489, Tallahassee, FL 32302 or by telephone at (850)410-7676.



Notice of Variances and Waivers


Criminal Justice Standards and Training Commission

11B-27.002          Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers

NOTICE IS HEREBY GIVEN that on August 14, 2014, the Department of Law Enforcement Criminal Justice Standards and Training Commission, received a petition for an emergency waiver of paragraphs 11B-27.002(4)(a) and (b), F.A.C., from Douglas White Pope. The Petitioner wishes to permanently waive that portion of the rule which states: (4)(a) Within four years of the beginning date of a Commission-approved Basic Recruit Training Program, an individual shall successfully complete the program, achieve a passing score on the applicable State Officer Certification Examination, and gain employment, and certification as an officer. (b) An individual who has not complied with the requirements in paragraph (4)(a) of this rule section for the discipline in which the training was completed, within four years of the date of beginning such training, shall as a condition for obtaining employment comply with the following: 1. Successfully complete a Commission-approved Basic Recruit Training Program pursuant to Rule 11B-35.002, F.A.C., or qualify for an exemption from a Commission-approved Basic Recruit Training Program, pursuant to Section 943.131(2), F.S., to include demonstration of proficiency in the High-Liability Basic Recruit Training Courses pursuant to Rule 11B-35.0024, F.A.C.; and 2. Achieve a passing score on the State Officer Certification Examination.

Petitioner provided documentation from Joshua Kittinger, Senior Human Resources Manager, City of Hollywood, Florida showing that Petitioner is on a six-month hiring eligibility list. Petitioner also provided documentation from Major Raleigh Flowers, Jr., Personnel Selection Unit, City of Hialeah, Florida confirming submission of an application for employment with the City of Hialeah Police Department. Petitioner states that the rule implements Section 943.12, F.S.

A copy of the Petition for Variance or Waiver may be obtained by contacting: Linton B. Eason, Assistant General Counsel, Florida Department of Law Enforcement, P.O. Box 1489, Tallahassee, FL 32302 or by telephone: (850)410-7676.





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.