Florida Police Chiefs Association Update–Week of February 6, 2012

Feb 10, 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 6, 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

 

Blog:  Senate President Mike Haridopolos says private prison vote is next week

After delaying a vote on prison privatization for more than a week because of a split vote, Senate President Mike Haridopolos said the Senate would take up the measure next week.

 

Law Enforcement Planning Pill Mill Strategy For The Next 12 Months

It’s been nearly a year since the inception of Florida’s Statewide Drug Enforcement Strike Force.

 

Legislation To Increase Penalties For Violent Felons Moves Through Committee

House Bill 947, Possession of a Firearm or Destructive Device During Commission of an Offense by Rep. Jim Boyd (R) Bradenton passed unanimously in the Criminal Justice Subcommittee.

 

Florida Supreme Court to weigh state’s noise law

The Florida Supreme Court on Thursday took a break from its usually weighty fare of death penalty cases and other serious litigation to hear arguments involving Led Zeppelin’s ‘Houses of the Holy’ and a subwoofer in a car’s trunk.

 

Blog:  Tech giant Google lobbies lawmakers to allow driver-free cars

Representative Jeff Brandes hopped into a special Toyota Prius recently and rode down Interstate 10 during a break from the Legislative session in Tallahassee.

 

Gulf Breeze Police Chief’s Retirement Proclamation Read Into Congressional Record

Mr. Speaker, I rise today to recognize Mr. Peter Paulding, Chief of Police of the City of Gulf Breeze, upon his retirement after 40 years of honorable and decorated law enforcement service.

 

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.

 

West Melbourne police chief’s job in doubt

West Melbourne City Council set into motion the proceedings to fire its long-term police chief based largely on how he handled a former officer’s theft of pain pills.

 

Former Daytona police chief Palmer dies

‎As a Daytona Beach policeman for 20 years, Robert H. Palmer earned the reputation of being firm, but fair, a tough taskmaster who expected the best from all of the department’s officers.

 

Florida Department of Highway Safety and Motor Vehicles:  Southeastern States Join Forces For Move Over Campaign

More than 170 law enforcement officers in the United States have died after being struck by motor vehicles since 1999.

 

Heroic actions earn deputy top state honor

A Polk County Sheriff’s Office deputy accepted a top state honor Tuesday.

 

Blog:  Broward 911 dispatch group meets again — dispute over who should pay continues

The dispute in Broward County over who should pay for 911 emergency dispatch continues.

 

Orlando breakfast focuses on specialized police training

‎The 11th annual Crisis Intervention Team Appreciation breakfast was held in Orlando Friday morning hosted by Local 6 morning anchor Matt Austin.

 

Florida Department of Highway Safety and Motor Vehicles:  Get An Inside Look At The Florida Highway Patrol

Have you ever wondered what it is like to be a state trooper? Here is your chance to catch an inside glimpse!

 

Florida Department of Law Enforcement:  Hillary Sessions to speak at Child abduction Response Team quarterly meeting

Hillary Sessions, the mother of missing University of Florida student, Tiffany Sessions, will speak to the regional Child Abduction Response Team twenty-three years after her daughter went missing.

 

Florida Attorney General Pam Bondi Joins Senator Flores and Representative Snyder to Advocate Legislation Cracking Down on Human Trafficking

Attorney General Pam Bondi today joined Senator Anitere Flores and Representative William Snyder to advocate for legislation to make Florida a zero‐tolerance state for human trafficking.

 

American Civil Liberties Union:  National Criminal Justice Experts to Hold Press Conference on Florida’s Plan to Privatize Prisons

 

Tampa counts 200 days until Republican National Convention

‎The Tampa Bay Host Committee has raised more than a third of the $55 million needed to help stage the Republican National Convention.

 

Hackers post West Virginia police officers’ personal information

Hackers affiliated with the group Anonymous obtained personal information for more than 150 police officers from an old website of the West Virginia Chiefs of Police Association and posted the data online.

 

Chevrolet Caprice police patrol vehicle delivery delays concern U.S. police

General Motors admits there have been delays in delivering Chevrolet Caprice Police Patrol Vehicles to US departments that could affect future orders of the Holden-based Australian-made large car.

 

 

REPORTS

 

U.S. Government Accoutability Office Report–U.S. Bureau of Prisons:  Eligibility and Capacity Impact Use of Flexibilities to Reduce Inmates’ Time in Prison


U.S. Government Accoutability Office Report–U.S. Department of Homeland Security:  Additional Actions Needed to Strengthen Strategic Planning and Management Functions

 

U.S. Department of Justice Report:  Faith-Based Programs

 

Florida Legislature’s Office of Economic & Demographic Research:  Criminal Justice Impact Conference-February 9

2011 Florida Department of Law Enforcement:  Case Law Updates

12/20/11 – 11-09: Spousal Consent to Search
12/09/11 – 11-08: Miranda and In Custody Statements
10/18/11 – 11-07: Robbery with a Toy Gun
7/22/11 – 11-06: Forensic Reports Subject to Confrontation Clause
6/13/11 – 11-05: Consensual Search of a Person
3/28/11 – 11-04: Search of Cell Phone Incident to Arrest
3/28/11 – 11-03: Miranda Rights & Request to Reconsider
3/28/11 – 11-02: Search & Seizure – Gant and Stolen Vehicles
1/11/11 – 11-01: Doctor Shopping Statute

 

 

BILLS FILED

 

HB 7099 Relating to Tax Administration by the House Finance and Tax Committee

HB 7099 would subjects a dealer to monetary and criminal penalties for willful failure to collect taxes or fees after notice.  The bill deletes provisions relating to the imposition of criminal penalties after notice by the Florida Department of Revenue (“DOR”) of requirements to register or to collect taxes.  It also would make technical and grammatical changes to penalties for making false or fraudulent return with intent to evade payment of tax.  Under the provisions of HB 7099, the DOR would be required to adopt rules for deposit of cash, bond or other security. Further, the due date for funds collected by clerks of court would be revised, with provisions for retroactive application.  HB 7099 would subject a person to criminal and monetary penalties for knowingly engaging in certain actions involving an automated sales suppression device, zapper, or phantom-ware.  The bill defines “sales suppression devices” and phantom-ware as contraband articles under Florida Contraband Forfeiture Act.  It also redefines the term “qualified capital expenditures.  Under the provisions of the bill, the Florida Department of Highway Safety and Motor Vehicles would be authorized to release photographs or digital images to the DOR to identify individuals for purposes of tax administration.  A requirement would be imposed on employers to produce records for the Florida Department of Economic Opportunity or its tax collection service provider as a prerequisite for a reduction in the rate of unemployment tax.  Finally, HB 7099 provides for calculating an interest rate for past due contributions and reimbursements, as well as delinquent, erroneous, incomplete or insufficient reports.  Effective Date:  July 1, 2012

 

 

MEETINGS

 

Notice of Proposed Rule:  To view the complete Notice, click here.

DEPARTMENT OF LAW ENFORCEMENT, Medical Examiners Commission

RULE NO.: RULE TITLE:
11G-2.001: Determination of Jurisdiction, Preliminary Procedures
11G-2.002: Identification
11G-2.003: Investigation
11G-2.004: Physical Evidence
11G-2.005: Records, Autopsy Report
11G-2.006: Practice Guidelines

PURPOSE AND EFFECT: Updates the procedures for taking charge of a body, recording the findings and conclusions of the death in the permanent records, relinquishing charge of a body, fetal deaths and remains, amends the procedures for deaths as a result of traffic accident, who to notify when a body is released, removes inaccurate rule language and statute references, and makes grammatical corrections. Updates the procedures for identifying unidentified bodies, identifying fetal remains, clarifies existing rule language, and makes grammatical revisions. Updates the procedures for determining the cause and circumstances of a death, release of human remains, and performing autopsies. Clarifies that research during investigation of a death is prohibited; relocates text to another rule section, deletes unnecessary rule language, renames a rule paragraph to better describe the paragraph’s contents, makes grammatical revisions, provide guidelines for the retention and destroying of organs, tissues, sections, or fluids. Makes grammatical corrections, adds additional information for official records that shall be maintained by the district medical examiner, and revises the information required for autopsy reports. Updates the Medical Examiners Commission’s Practice Guidelines incorporated into Rule 11G-2.006, F.A.C., by reference.

SUMMARY: Revises procedures for notification of death, findings and conclusions of death, notification of legally authorized persons of a death, relinquish charge of a dead body, examination of dead body, investigation of death prior to the release of human remains; removal of obsolete rule language; statistical reports; clarification of current rule language; unidentified human remains; examinations required for deaths resulting from violence; revises rules for performing an autopsy; research guidelines; custody and surrender of dead bodies; autopsy report; and how to obtain a copy of the Practice Guidelines.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE 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

 

Notice of Proposed Rule:  To view the complete Notice, click here.

DEPARTMENT OF LAW ENFORCEMENT, Medical Examiners Commission

RULE NO.: RULE TITLE:
11G-2.0031: SIDS Autopsy Protocol

PURPOSE AND EFFECT: To repeal rule identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary and to relocate the SIDS autopsy protocol to the Practice Guidelines.

SUMMARY: To repeal Rule 11G-2.0031, F.A.C., pertaining to the SIDS Autopsy Protocol rule.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE (2/3/12), A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Tuesday, February 28, 2012, 1:00 p.m.

PLACE: Florida Department of Law Enforcement, 2331 Phillips Road, Tallahassee, Florida 32308

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE 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

 

Notice of Proposed Rule:  To view the complete Notice, click here.

DEPARTMENT OF LAW ENFORCEMENT, Medical Examiners Commission

RULE NO.: RULE TITLE:
11G-5.003: District Medical Examiner Terms of Office
11G-5.004: Process for District Medical Examiner Candidate Nomination to the Governor

PURPOSE AND EFFECT: Clarifies that the term of office for a Commission member appointed to the Medical Examiner’s Commission is determined by the governor and adds to the District Candidate Search Committee a “medical examiner designated by the chairperson” upon notification of a vacancy on the Medical Examiners Commission.

SUMMARY: Revises district medical examiner gubernatorial appointments and district candidate search committee.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE (2/3/12), A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Tuesday, February 28, 2012, 1:00 p.m.

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