I NSIDE. . .

President John Rivera’s Message .................................... 2 Circuit Court Rules FRS Changes “Unconstitutional” .... 3 Executive Director Matt Puckett’s Message...................... 4 Update on the Prison Privatization Lawsuit .................... 5 Thinking of Telling Off Your Employer? Please Think Again! ...................................................................... 5 Senator Bill Nelson’s Guest Article ................................ 6 Governor Rick Scott’s Article — NOT! ............................ 6 Chief Financial Officer Jeff Atwater’s Guest Article ........ 7 Representation Is Job #1 ................................................ 7 Guest Commentary: Herald-Tribune Series Unfair to Police Unions ............................................................ 8 Director of Business and Services Al Shopp’s Message.... 8 Dept. of Agriculture Commissioner Adam Putnam’s Guest Article ............................................................ 9 Told ya so. Now put up the shovel! ................................ 10 PBA Membership Dues Structure .................................. 10 Law Enforcement: A Business or a Public Service? ........ 11 In Memory: David White, Barbara Pill & Ruben Thomas.. 12 2012 Pro Law Enforcement Bills Passed........................ 13 CPO Chapter President Gil Fortner’s Message ................ 16 SLEO Chapter President Scott Hoffman’s Message ........ 17 PBA’s Efforts Saved Our Benefits .................................. 17 NAPO News .............................................................. 20-21 What Killed Prison Privatization? .................................... 22 PBA Is Still Here Fighting For You ................................ 22 and Much, Much More!!!
www.flpba.org Florida Police Benevolent Association, Inc. 300 East Brevard Street Tallahassee, Florida 32301

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Roll Call is the official quarterly publication of the Florida PBA 300 East Brevard St. Tallahassee, FL 32301 1-800-733-3722

A Message From Your
John Rivera
Our Legal Muscle
Years ago, when I first ran for elected office, my platform was to strengthen this association into a powerful legal force. Over the years, we have certainly brought in extremely talented legal minds and, today, you are seeing the results of our legal muscle. Believe me when I tell you this – our adversaries have taken note of our legal successes. If they didn’t realize the strength of our legal might before, they most certainly understand it now. We have shown them that when the PBA takes legal action, it is not frivolous. Our legal capabilities are formidable and we mean business. As we deal with these evil empires, our legal muscle is the best weapon we have to defend ourselves. I have said this many times before, but it bears repeating. Our legal team is the best there is—they are second to none. I am so proud of their drive, their intellect, and their desire to serve. We are grateful to them and they are grateful to all of us. “Activists” or “Liberals.” Upholding the law does not mean a judge is an activist or a liberal, it means the judge is doing his or her job. We will supply you with information about the judges who need your support in the upcoming elections. Please read our information and, by all means, please vote this year like your lives depend on it. As we have learned all too well, our lives do depend on it.

John Rivera

Dick Brickman

Mike McHale

Brave Heroes
Sadly, we have lost three more brave heroes to the cowardice of coldhearted thugs. In the last month, we lost Clay County Detective David White, Brevard County Deputy Barbara Pill, and Columbia C.I. Sgt. Ruben Thomas. They leave behind loving families, dear friends, and a stunned community. We all are grieving, but our grief will never compare to the loss their families and loved ones are suffering through. Please keep their survivors in your prayers. These three officers were brave enough and proud enough to wear the badge. It is our duty to keep their memories alive.

Jim Baiardi

Ernie George

Mike Clifton

Extremists Attacking Our Courts
Yet, we can have the best attorneys in the world and it will amount to nothing if our legal system is run by cowards and crooks. Fortunately, we are also blessed here in Florida with a justice system composed of fair and impartial judges. Our adversaries have taken note of this impartiality, too. Unlike us, they want to change it. There are many elections on the horizon that will be of great importance to you when you go to vote in August and November. The battles brewing in our judicial races need to be at the forefront of your mind. If extremists like Governor Rick Scott have their way, our legal system will be turned into a kangaroo court of cronies and cowards unwilling to interpret the laws in a fair and just manner. We are seeing attacks by extremists like Governor Scott on justices all over our country. Please do not allow our state and our judicial branch to fall victim to this nonsense. The same judges that are upholding the laws and the constitution of our state are being labeled by extremists as

Legislative Session
I really had to ask myself what more these legislators could do to us this year. Considering the legislative attacks we faced last year, the achievement bar was set really low for this session. Our plan was very simple – do not lose anymore ground. However, we felt strongly that more relief was needed for the survivors of our officers killed in the line-of-duty. With heavy hearts, we lobbied to accomplish that priority. Please take a look at what we accomplished on page 13. I thank everyone who made the trip to Tallahassee this year to fight the good fight and I am happy to report that we did not lose anymore ground. As a matter of fact, much of what was lost last session should be returned to us now that we won the FRS lawsuit. We just have to defend the decision on appeal. I have full confidence that we will. Until next time.

John Kazanjian

Opinions expressed in this newsletter are not necessarily those of Florida PBA, its Executive Committee, or Board of Directors.

Editor In Charge Matt Puckett Publications Specialist Bob Peterson Proof Reader Sherry Hannon
Advertisement in this publication does not imply endorsement by the Florida PBA unless otherwise specified.


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A Message From Your
Circuit Court Rules FRS Changes are “Unconstitutional”
he courtroom was packed with attorneys, members of the media and representatives from the State, the Teachers’ union, the Florida PBA and the Firefighters’ union. Everyone was waiting for Judge Jackie Fulford to make her entrance and announce her decision on the constitutionality of the July 1, 2011 changes to the Florida Retirement System. No one had to wait long. Promptly at 2:00 p.m. on March 6, 2012, Judge Fulford entered the courtroom and assumed her position behind the bench. Once legal counsel had announced their appearances, she spoke quietly and briefly to the attorneys. She advised them that she had reached a decision and was prepared to distribute it. After counsel had an opportunity to read it, she would return to the bench and accept any emergency motions that counsel thought necessary to deal with at that time. Judge Fulford handed copies of the decision to lead counsel for the Plaintiffs, Ron Meyer, and counsel for the State.


meaning we won both parts of the lawsuit. High-fives and handshakes began to spread among the attorneys and the union representatives who were present. Cell phones became the popular tool of the day. It did not take the media long to figure out what the judge had ruled. All they had to do was look at the faces of the attorneys. The union attorneys were smiling and reading. The State’s attorneys were frowning and reading. (No high-fives were being exchanged between them.) So, that was the end of the first step. Judge Fulford had found the revisions to FRS law to be an unconstitutional breach of contract, an unconstitutional taking, and, finally, an unconstitutional breach of the right to collective bargaining. The Plaintiffs (represented by the teachers’ union) and Intervenors, John Park and Randall Haire (represented by the PBA) had alleged these three grounds as reasons to overturn FRS revisions and moved for summary judgment on the stated grounds. Motion granted: the revisions were unconstitutional on all three grounds. Of course, victories can be short-lived. By 4:30 p.m., the State had filed its appeal of the decision. So Judge Fulford’s decision is “stayed” (stopped) while the decision is appealed. But it is still on the books and the Florida PBA will work hard to make sure it stays on the books! In the meantime, the PBA will keep you advised as the case moves forward through the appeals process.* *On March 12, 2012, counsel for the Plaintiffs and Intervenors filed a motion with the district court trying to have the case passed directly to the Florida Supreme Court for immediate review. On Friday, March 16, 2012, the District Court ruled in favor of our motion... so it’s off to the Supreme Court we go.

Hal Johnson

Why not go out on a limb? Isn’t that where the fruit is?

~ Frank Scully

Ron Meyer (standing) and PBA General Counsel Hal Johnson (to his left) before Judge Jackie Fulford. Ron quickly shuffled a copy of the decision to me. As per our plan, I went directly to the last pages of the order for the ultimate decision, while Ron distributed copies to other counsel on the Plaintiffs’ side. I found the part I needed to find, It read: “The portions of Senate Bill 2100 imposing a 3% mandatory employee contribution and eliminating the cost of living adjustment for future service are unconstitutional as applied to individuals who were members of the FRS prior to July 1, 2011 ….” I advised Ron: “We won, everything!” I gave PBA President John Rivera, Treasurer Ernie George and Executive Director Matt Puckett a quick “thumbs up” and raised two fingers,

Florida PBA President John Rivera being interviewed after Judge Fulford’s decision.

Hitch Receiver Cover
Florida PBA has recently added the PBA Hitch Receiver Cover to its list of items available for MEMBERS ONLY to purchase. It is blue high density plastic with gold printing. The cover comes with a spring pin (shown) or you can use your own hitch pin. There are two sizes for either 2" or 11⁄4" receivers (please specify which size you need). Display them proudly on your vehicle or give them as a gift to your family and friends.

Bob forgot his wedding anniversary. His wife was mad. She told him, “Tomorrow morning, I expect to find a gift in the driveway that goes from 0 to 200 in under six seconds, AND IT BETTER BE THERE!” The next morning when his wife woke up she looked out the window to find a box gift-wrapped in the middle of the driveway. She opened it and found a brand new bathroom scale. Bob has been missing ever since.



MEMBERS ONLY: Send your check for $10 each (no sales tax) to Florida PBA, 300 E. Brevard St., Tallahassee, FL 32301

Don’t forget to specify size.

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A Message From Your
o here’s to the end of the 2012 Legislative Session. The final gavel fell at 11:59 p.m. on Friday, March 9, 2012, thus, marking the end to a two year chapter in Florida’s history that many believe will go down as the worst for Legislative overreach in a generation. Yet in spite of the zealotry, this period may very well end close to where it began. Thanks to our Judiciary’s ability to uphold the laws of this state. Heading into the 2011 Legislative Session, Senate President Mike Haridopolos (R) made brash declarations of what Florida should expect from his leadership. His Senate had just swept in a super-majority of conservatives so his optimism was sky high. From his perspective, the Senate would be the trailblazer of the Legislature as his leadership team muscled through a multitude of conservative-minded legislation aimed at restructuring the state. Unfortunately for President Haridopolos, he miscalculated his Senate membership. In my opinion, the House of Representatives was a marvel to watch, although many of the ideas it produced were extremely heavy-handed. From the pure functionality of government perspective, the House operated with precision and skill unparalleled by its rival. Speaker Dean Cannon (R) led with unflappable professionalism. His guile actually brought Senate President Haridopolos to tears. Then of course, we had Florida’s newly elected Governor Rick Scott (R), the self professed political outsider. He was goal oriented, business minded, and clueless (at least last year) about the legislative process. As a newbie in year one, his plan to bully his agenda through the Legislature was not well received. Perhaps most perplexing to the Governor was that since he had not rode an obvious mandate into office, many in the Legislature thought rewarding him was a bit premature. Still he seems to have learned his lesson. However mish-mashed, this team of leaders did accomplish a number of the ideas they set their sights on, but not everything.


Matt Puckett
Follow me on Twitter @ FL_PBA_Puckett

“Time after time, the courts proved the balance of power in Florida is operating just fine.”

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From Your Membership Secretary...

Enter the Judiciary. The biggest obstacle to the whole plan was our fair and impartial Judicial Branch. Time after time, the courts proved the balance of power in Florida is operating just fine. Ask yourself this, where would Florida be today if the courts cowered from the duty to interpret and uphold the laws? In the broadest of terms, Florida’s democracy would be under siege. That may sound outrageous, but consider all the assaults this Governor and the Legislature launched against you, your family, our constitution, and our laws. So far, 14 lawsuits have been filed with pension reform, prison privatization, unilateral executive authority, drug testing, and redistricting declared unconstitutional by one court or another. Did that stop them? Nope. In fact, the Governor and the Senate President have resorted to the age old schoolyard way of bullying those who attempt to stand in their way – Name Calling. Names like “Activist Judge,” as Senate President Haridopolos says, or a group of “Liberal Justices,” as the Governor says, “who legislate from the bench,” again Governor Scott, have been hurled at the courts for upholding the constitution and our laws. It is a campaign to degrade those who dare to challenge them. And make no mistake about it, they are far from finished. Haridopolos and Scott will continue to vilify these Justices as a warning to those brave enough to prevent their plan for a hostile government takeover. So whatever you come to believe over the next six months, do not believe, even for one minute, that the Judicial Branch is actively overstepping its authority. The Governor and the Senate President are the ones guilty of overreach. These two may not like it when the government operates like it was intended to by our forefathers, but our government is designed with balance of power for a reason. So let them howl and cry about “activist” or “liberal” judges. My hope is that all this smear campaign will do is further sully the name and legacies of Governor Scott and Senate President Haridopolos.

Get your PBA wearables and novelties at www.BuyPBA.com or call: 1-888-352-6775
Laura Spraker Ext. 413

Is the information in your PBA account current?
Your employing agency does not notify PBA when you change your address, move to another agency, or retire. Please help us to better serve you by making a simple phone call, 1-800733-3722, x413, to your PBA secretary notifying her of your changes, or send the information to: Florida PBA, 300 E. Brevard Street, Tallahassee, FL 32301. Thanks for helping us keep you informed!


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A Message From Your Deputy
Update on the Prison Privatization Lawsuit
f you thought it was all a done deal, think again! The PBA is continuing the legal battle over the privatization of prisons in the courtroom. Although we won the initial fight in the lower court when Judge Jackie Fulford declared that the Legislature had acted unconstitutionally by slipping the privatization of Region IV into the Appropriations Act and didn’t follow the statutes, the Attorney General filed an appeal in the First District Court of Appeal. From all accounts, Secretary Kenneth Tucker didn’t file the appeal, but Senator Mike Haridopolos “requested” that the Attorney General appeal the lower court’s decision on her own. So she did. The Attorney General filed her appeal in the late hours on the last possible day in which they were allowed under the law. As it currently stands, the Attorney General has filed her initial brief and the PBA has filed an answer brief. The Attorney General now has the option of filing a reply brief. A panel of three judges will be assigned to the case, and they


will be responsible for making a final decision to either affirm that Judge Fulford’s ruling was correct or overturn the previous decision. The PBA lawyers have requested the DCA to allow oral arguments as well. If this is granted, we will have the opportunity to present our case right in front of the judges and answer all questions that they have. Oral argument is not always granted in the District Courts of Appeal and sometimes cases are won or lost just on the briefs that have been filed. We want to make sure that no stone is left unturned and that we can answer any and all questions that these judges may have about our case. It is important that we show them that the legislature acted unlawfully so that this type of “sneaky” politics will not happen again in the future. We hope to have a ruling by the DCA at some point this summer. Rest assured though that if the DCA overturns the initial ruling, the PBA will continue to fight!

Stephanie DobsonWebster

A Message From Your Assistant
Thinking of Telling Off Your Employer? Please Think Again!


ere at PBA, we try to bring you relevant, helpful information to assist you in everyday situations. Unfortunately, the thought of telling your supervisor “where to go” may cross your mind on a regular basis. Why only do it in the office? Why not tell the world what you really think on Facebook? We must put forth that PBA does not encourage or recommend anyone to go tell their supervisor to perform an anatomical impossibility, in any form or fashion. Leave that to the PBA. We have a team of lawyers and representatives who have mastered the art of professionally pointing out all of the incredible shortcomings and mental deficiencies of supervisors and management everywhere. In fact, we do this so well that management often walks away saying “Wow, they just told me to suck a lemon, but I feel good about it.” If you choose not to follow our legal advice (we advise that you never mention your employer on social media sites) and have to follow through on that urge to post profane and inflammatory information about your supervisor or agency on Facebook or other social media sites, then the below cases may be of special interest. Federal law allows employees to discuss topics like working conditions, poor management, or joining a union. This speech is typically protected as “concerted activity” under the National Labor Relations Act (NLRA). Generally speaking, there is protected concerted activity when two or more employees act together to improve their terms and conditions of employment. There have been cases where employees wrote on Facebook or on other social media sites, something to the

effect of “F the agency” or “*&%&/! this supervisor”. In some cases, the post was considered protected speech or “concerted activity” and the employee’s dismissal was overturned. In other cases, this was not protected speech and the dismissals were upheld. Each case is fact specific. Facts that weighed in favor of upholding the dismissal were: If the post arose from a personal dispute with a supervisor, such as an employee refusing to perform her duty. Or, if the post was merely to vent a personal gripe, not a plea to rally other employees to initiate productive group action. In the cases where the employee won and the dismissal was overturned, facts that weighed in favor were: whether the post arose from a dispute addressing a term or condition of employment such as a promotion policy; whether the post was intended to invoke action by other employees; and to what extent the other employees became involved. In reality, it is never a good idea to post profane or critical comments about your supervisor on social media sites, in emails or anywhere. You are opening the door and inviting agency disciplinary action. If you do have a complaint or concern over any issue with your agency, the advisable course of action is to contact the PBA. We can specifically address your personal issue through the proper procedures such as the filing of a grievance. We can also directly address the larger issue with management. It is our pleasure to assist you in effectively telling your employer what you really think and believe us—we will do a better job than Facebook.

Matthew Ward

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From Washington D.C.
Combating ID Thieves Who File Fraudulent Tax Returns

Bill Nelson
U.S. Senator
I am proud to represent Floridians in the U.S. Senate, where one of my goals is to make sure our state receives its fair share of federal funds. These funds give our cities and communities the tools necessary to improve the quality of life for all Floridians. And as law enforcement now plays a greater role in the fight against terror, I understand the importance of making sure you receive adequate federal resources. U.S. Senator Bill Nelson is a member of the Senate’s Armed Services, Finance, Commerce, Intelligence, Aging and Budget Committees.

“ Some people make headlines, while others make history.”
~ Philip Elmer-DeWitt

oday, common crooks are increasingly engaging in new and sophisticated digital crimes. In just the last couple of years, one particular scheme, tax fraud through identity theft, has become a growing problem in Florida and around the country. While devastating to victims and a drain on public finances, the scope of these crimes is just now beginning to come to light. Consider these facts: • In early September, police in Tampa, Florida uncovered $130 million in fraudulent tax refunds as part of a local crackdown on identity thieves. Fortynine people were arrested. • The National Taxpayer Advocate Service reported a 60-percent increase in identity theft cases in 2011. • And, just since 2008, the Internal Revenue Service (IRS) has identified 470,000 incidents of identity theft affecting more than 390,000 taxpayers. The ease with which scam artists can readily file electronic tax returns, the availability of prepaid debit cards and other hard-to-trace options for the delivery of tax refunds and the low risk that criminal sanctions or penalties will be imposed have created, in many respects, the perfect crime. In addition to the drain on the public treasury, this crime imposes extraordinary burdens and economic hardship on the innocent victims caught in the middle of these schemes. Tax refunds are often delayed for months as victims work to prove they are the legitimate taxpayer. Victims of tax-related identity theft are also the casualties of a system ill-equipped to deal with the growing proficiency and sophistication of today’s tax scam artists. Last year, I chaired an investigative hearing on this issue and invited several victims of tax-related identity theft scams to share their experiences. We heard from a father whose 5-month-old daughter had died tragically from SIDS. When he attempted to file his tax return just months later, the return was rejected because a criminal had already filed a fraudulent return using the Social Security Number of his deceased daughter. And, we heard from another victim that had gone through this experience multiple times because the IRS had failed to take the steps necessary to secure her identity even after the first incident. We also heard testimony from the Deputy Commissioner of the IRS, who outlined the actions the agency is taking in response. While the IRS has made some progress with regard to identifying fraudulent returns and assisting victims, much more must be done. Following the hearing, I filed the Identity Theft and Tax Fraud Prevention Act (S. 1534). This legislation would establish stronger civil and criminal penalties for criminals who commit tax-related identity theft. For example, knowing or willful misappropriation of another person’s Social Security Number (SSN) for purposes of federal tax fraud would be a felony punishable by up to five years in prison. The bill would also expand an IRS pilot project that provides identity theft


victims with a PIN code to put on their tax return, in order to prevent fraud. It would allow victims to “turn off” the ability to electronically file their tax return, thus closing one of the main conduits used by fraudsters. The bill would also restrict access to the SSNs of deceased individuals. The Social Security database of deceased individuals is frequently used by fraudsters to commit tax fraud. Perhaps most importantly, the bill would improve coordination and cooperation between the IRS and state and local law enforcement authorities. Because crimes related to identity theft frequently violate laws at multiple levels of government (federal, state, and local), it is critical that federal authorities work effectively with state and local law enforcement authorities. Unfortunately, local authorities have said it can be difficult to obtain helpful cooperation from the IRS in criminal investigations. In response, my legislation directs the IRS to reallocate resources to identity theft investigations and to establish a liaison dedicated to improving cooperation with state and local authorities. And, it requires the Treasury Secretary to review current laws and regulations related to taxpayer confidentiality and report to Congress on further ways to improve information sharing between the IRS and state and local law enforcement. I first got involved with this issue in January 2011, when a government report found that prisoners reaped nearly $123 million in fraudulent refunds over the last five years. The rate of prison tax fraud is higher in Florida than any other state. It is outrageous that someone could perpetrate this crime while under lock and key. In response, I pushed the IRS to enter into information sharing-agreements with the Federal Bureau of Prisons and the Florida Department of Corrections. These agreements allow the IRS to share information with prison authorities regarding inmates filing false and fraudulent tax returns, often with stolen identities. Prison officials can use this information to take preventive and punitive actions, such as withholding inmate privileges. The bill I filed would permanently extend the information-sharing authority between the IRS and federal and state prison authorities. It also directs the Federal Bureau of Prisons and encourages state prison authorities to develop detailed, formal plans on how they will use the information acquired from the IRS to reduce prison tax fraud. Lastly, my legislation requires the Comptroller General to examine and report to Congress on the role of prepaid debt cards and commercial tax software in facilitating fraudulent tax refunds. How can we expect law-abiding taxpayers to have respect for the tax system when the money coming in the front door is going out the back door, in the pockets of crooks, fraudsters, and thieves? We have to shut down these schemes, now. I thank our dedicated police officers, investigators, and others in Florida who are working overtime to bring these criminals to justice. And I’ll continue to do everything I can to give law enforcement the tools needed to combat tax fraud.

Guest Article from Your
Editor’s Note: Since Rick Scott became Governor, we have requested multiple times that he write a guest article for this newsletter. While we know he and/or his staff receives our e-mail requests, we have yet to receive any kind of response from him. We would like to suggest that our members e-mail the Governor and see if they can get a response from him. His e-mail address is rick.scott@eog.myflorida.com. Or if you prefer, his phone number is (850) 488-7146. Please let the Governor know how much you would appreciate having him write articles concerning Florida’s law enforcement officers. It would be nice to hear how he feels about the sacrifices you make to protect Florida’s citizens and about the FDLE Agents who protect him and his family. If you would like to know what we really think of the Governor and the staff member who refuses our requests, go back to page four and write down the first letter of each paragraph.

Rick Scott

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Guest Article from Florida’s
Fostering Collaboration in Florida’s Fight Against Public Assistance Fraud
very Floridian deserves to know how the dollars they send to their government are being spent and that those dollars are being used properly and for their intended purpose. Unfortunately, the level of fraud that has infiltrated our public assistance programs is crippling our state’s budget and siphoning money away from those legitimately in need of assistance. The Medicaid and Public Assistance Fraud Strike Force, created by the Legislature in 2010, is working through a collaborative, multi-agency approach to fight public assistance fraud, particularly fraud related to Electronic Benefits Transfer (EBT) cards for the Supplemental Nutrition Assistance Program benefits (SNAP; formerly known as food stamps). EBT fraud is typically facilitated by a store owner who will pay cash for cards, or allow a cardholder to use their EBT card to pay for unapproved items such as, cigarettes or alcohol. But these store owners are savvy criminals and only deal with a localized population, making these cases difficult to investigate and prosecute. Over the past year, the Strike Force has researched many different models used to combat this kind of public assistance fraud and found a multi-agency investigative approach to be a proven, effective model. A great example of this collaborative approach is a 2009 case that focused on retailers in and around northwest Miami. State agencies including the Department of Financial Services, the


Department of Revenue and the Department of Business and Professional Regulation coordinated with the Miami Police Department and the Miami-Dade State Attorney’s Office. The multi-agency effort resulted in multiple felony arrests and the retailers being removed from the EBT program. As your Chief Financial Officer, I recognize the impact of the economic challenges of the past few years. Florida’s public assistance programs have helped an unprecedented number of people during that time, but fraud committed by the collusion of fraudsters and rogue retailers undermines the program and hurts honest consumers. If you have any information regarding suspected fraud in Florida’s public assistance program please call, toll-free 1-866-762-2237, and for more information about The Medicaid and Public Assistance Fraud Strike Force, please visit www.MyFloridaCFO.com/StrikeForce. Editor’s Note: The Medicaid and Public Assistance Fraud Strike Force is a policy oversight and advisory board for interagency and intergovernmental cooperation against Medicaid and public assistance fraud. The Strike Force’s mission is to oversee and coordinate state and local efforts to eliminate Medicaid and public assistance fraud and to recover state and federal funds. The Strike Force is chaired by Chief Financial Officer Jeff Atwater and Attorney General Pam Bondi serves as the vice-chair.

Jeff Atwater
As a statewide elected officer of the Florida Cabinet, Chief Financial Officer Jeff Atwater oversees the Department of Financial Services, a multi-division state agency responsible for management of state funds and unclaimed property, assisting consumers who request information and help related to financial services, and investigating financial fraud. CFO Atwater also serves as the State Fire Marshal.

News from Around the State
Representation Is Job #1
’ve been working in the Police Labor Movement for over 20 years; most of it as a full time employee of the association and the remainder of my time as an elected board member. The most common thread of the various organizations that I’ve worked with has been representation of the individual members of the association. Here, at the Florida PBA, representation is job number one! PBA’s President John Rivera, the Executive Committee, and Executive Director Matt Puckett stress the importance of providing consistent, comprehensive representation to every member of the Florida PBA. Some of the things I do every day to ensure that I provide the level of service they expect are: I try to meet with every member face to face prior to the day of their I.A. or Hearing. This allows me to get a good understanding of the facts involved in each case. It also allows me to work through any concerns or issues the officer may have concerning the process. I’ve found that, by doing this, the officer is better prepared and confident going into the hearing. Another thing that I think is important is being prepared. It’s important to have all the information the agency is using to develop its case against the PBA member. Not just the witness statements and multimedia involved in


the case, but the actual policies the officer is supposedly in violation of. I routinely find that a policy that is referenced in the charging letter is not applicable to the alleged violation at all, or that it is a policy breakdown more so than a violation by the officer. Identifying these types of discrepancies gives me the ability to argue that the case against the officer is unfounded, or the intended discipline is excessive in light of the available facts. These are just a couple of things that I think are important when I’m representing a Florida PBA member. The bottom line—I want the member to be focused and prepared prior to doing their interview or hearing. This allows us to get the best possible outcome, for you, the member. In closing, I want to make sure every PBA member knows they have a right to have a representative present at all internal affairs interviews, disciplinary hearings, or grievance hearings of your own choosing. So don’t go to a hearing or interview without your PBA Representative with you. The job you save may be your own. If you, or someone you know, has a question or comment concerning Florida PBA representation, feel free to give me a call at (352) 224-8470.

Jim Wiggins
Field Operations Representative

Please encourage non-members to join the officers from over 185 agencies throughout Florida who belong to the Florida PBA!

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Reprinted from the HeraldTribune Dec. 28, 2011

From the Herald-Tribune Dec. 28, 2011
Herald-Tribune Series Unfair to Police Unions
he Herald-Tribune series “Unfit for Duty” was incomplete and would have benefited from further investigating and researching. For starters, the story should have examined why the Criminal Justice Standards and Training Commission was created in the first place. It certainly had nothing to do with unions. It was a good ol’ boy clubhouse created from both inaction and the inconsistent doling out of punishment by police administrators, elected or appointed. Some police administrators, lacking the backbone to take disciplinary action themselves, welcomed this newly formed body. The unions were not at fault. While it is true that the Florida PBA had a hand in slightly changing CJSTC rules, it wasn’t to gain an upper hand, but rather for transparency and fairness — true American values. The changes were enacted to eliminate political interference and to form a more objective body. Prior to the changes, when the names of nominees to serve on the commission were submitted to the governor’s office for consideration, the sheriffs and chiefs associations would — without fail — place political pressure to handpick their nominees. This unethical practice insured their control of the commission and was wrong on so many levels. Even after reform, rank-and-file members are still outnumbered by administrators on the commission. So, while unions have a voice and should have representation, we are certainly not the problem. I would argue that having more of a union voice on the panel would bring more professionalism. A fact not brought to light is how many presiding administrative commissioners have been removed for improper behavior and or criminal arrests. To my knowledge, not a single rank-and-file member or “union” leader has ever had that distinction. Apparently, there is little appetite or teeth to go after rogue or dirty police administrators — for example, former Hialeah Police Chief Rolando Bolanos’ refusal to submit his two sons’ misconduct cases to the CJSTC as required. Both sons were charged with police misconduct and one served time for armed robbery. Their police chief dad was never brought before the CJSTC, so they never received any discipline. Prior to being police chief, Bolanos was a high-ranking official for the Florida Department of Law Enforcement.


folks who “ There areon their would stand heads and then say the fault was in their boots.

~ George Eliot

When a police chief or sheriff does not comply in forwarding a case to CJSTC (maybe because of friendship, cronyism or political favoritism), there is little that can be, or is, done to that chief or sheriff. FDLE doesn’t go after them. Once again, this has nothing to do with unions. Another case involved former Miami Police Chief John Timoney, who was given a pass by administrators on the panel, even though he was found to be untruthful in his sworn statements. (The lone union leader voted to find probable cause against Timoney in this case.) We recognize the flavor of the year is attacking unions and blaming them for all of life’s ills, but these attacks and sentiments are unfounded and political in nature. While the vilification of unions may not cease, I ask that it not cloud the facts. Everyone should realize and understand that a mere allegation against an officer is not sufficient to decertify the individual as a police officer. As commissioners, we read the cases on their individual merits as presented by the administrators and their investigators. The four corners of that investigation must be complete, competent and sufficient. As a commissioner, I will never succumb to pressure and destroy a life, or career, based merely on assumptions and beliefs. The competencies of investigations presented to the panel are simply not something to blame on the unions. I subscribe to the American system of justice, even though not perfect at times. Simply because someone pins on a badge does not mean he or she forfeits his or her constitutional rights. After all, these same rights are often fought for by journalists and First Amendment proponents. We should not trample on those rights. Our system of justice provides for judgment by a jury of our peers. This is also the standard of oversight for all professions. The Florida Bar is made up of lawyers who regulate and discipline bad lawyers; the American Medical Association examines inept doctors; politicians review the ethical lapses of their colleagues. Law enforcement is the most regulated profession around. We are held to higher standards. We do a better job of getting rid of our “bad apples” than most other professions, including the media. John Rivera is president of both the Florida PBA and the Dade County PBA. He is sergeant in the Miami-Dade Police Department and a member of the CJSTC.

A Message From Your Director of
n my many years with the PBA, I have served in several capacities, from a Shift Rep, Staff Rep, Organizer, and Business Agent. In each position, the one common thread I find is that officers are unprepared when their agency proposes disciplining them. Their first reaction is anger, then frustration: “How could this happen to me?” With those feelings, they vent to fellow officers, families, friends and even strangers, which can cause further problems. So, my advice to any officer who may receive any type of proposed discipline, in any form, immediately call the PBA and talk with someone. Their advice will prove invaluable. I know when I represent an officer prior to a grievance hearing, internal affairs interview, or a predetermination


Al Shopp

hearing, I spend time explaining exactly what’s going to happen in the hearing or internal affairs interview. Once the officer understands what to expect, we start reviewing all his paperwork, documents and witness statements, etc. Then we begin to prepare the statement for the grievance or predetermination hearing, or, if it is an internal affairs interview, we will review all the information they have, be it written, video or audio. Once that’s done, you will be required to answer their questions, but not do their job for them. Answer only questions asked and keep responses to a minimum if you can. Remember, never go into an interview without your PBA Rep. I repeat—NEVER!

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Guest Article from Florida’s

DACS Investigator Daniel Williamson
he Florida Department of Agriculture and Consumer Services’ (DACS) agricultural law enforcement officers play a critical role in our state – not only protecting Florida’s 18 million residents, but also safeguarding the agriculture industry from potential threats. While their work includes inspecting cargo and protecting Floridians from unsafe, unfair and deceptive business practices, these officers also investigate criminal cases of theft, food safety and wild land arson. These men and women in uniform selflessly put their lives on the line each day to efficiently and effectively serve our state, and I am proud to recognize one of our own – Investigator Daniel Williamson, who was recently nominated for the 2011 Law Enforcement Officer of the Year Award. Daniel, who was also selected as the DACS Investigator of the Year, was nominated for his dedication to the law enforcement community and commitment to protecting Floridians from criminal activities. Over the past eight years, Daniel has continually demonstrated outstanding leadership and performance as a criminal investigator. His patience, persistence and attention to detail have resulted in the successful prosecution of several major cases in our state – including one that involved 30 wood arson incidents in Jacksonville. While investigating a single arson, Daniel recovered an incendiary device that contained DNA and was able to link it to multiple wild fires throughout the region. Without this lead, several arsons would have likely gone unsolved.


In another case, Daniel was the lead in an investigation involving a charitable organization that was actively soliciting donations in multiple states. The organization was a part of a scheme in which the person operating the charity had stolen the identity of a person from another state. After investigating multiple criminal violations, Daniel teamed up with the Internal Revenue Service Criminal Investigations Section and the Office of Inspector General of Veterans Affairs and presented the case to the U.S. Attorney’s Office. While the investigation is still open, Daniel’s efforts garnered recognition on an episode of America’s Most Wanted. We are fortunate to have people of Daniel’s caliber working to protect the people of Florida. His knowledge of regulated programs and willingness to share his expertise has proved to be an invaluable component of our training and he is truly an asset to our department. I join Attorney General Pam Bondi, the 2011 Law Enforcement Officer of the Year Deputy Michael Braswell of the Polk County Sheriff’s Office, and all of the award nominees, including Daniel, for their contributions to protecting the life, property and natural resources in our state. For more information about the Attorney General’s 2011 Law Enforcement Officer of the Year Award and all of the nominees, visit the Attorney General’s website at: http://myfloridalegal.com/__852562220065EE67.nsf/0/070E C84E1FE8E69D8525799D005D7CEE?Open&Highlight=0, law,enforcement,of,the,year,award

Adam Putnam
Follow me on Twitter @ adamputnam


Investigator Daniel Williamson receives his DACS Investigator of the Year Award from Commissioner Putnam. Editor’s Note: Investigator Daniel Williamson is a PBA member and serves as the Department of Agriculture and Consumer Services Director for the State Law Enforcement Officers Chapter.

Commissioner of Agriculture and Consumer Services Adam Putnam meets with (L-R) Florida PBA Director of Legislative Services David Murrell, Broward County PBA Vice President Debbie Reggio, Florida PBA Treasurer Ernie George, (Commissioner Putnam), Florida PBA’s Senior Vice President Dick Brickman, President John Rivera, Executive Director Matt Puckett, and Lobbyist Gary Bradford.

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A Message From Your Director Of
Told ya so. Now put up the shovel!

David Murrell

character “aWhen thenot clear to of man is you, look at his friends.

~ Japanese Proverb

n what seems to have been an eternity ago (actually 18 months or so), Florida PBA tried to sound the alarm on Rick Scott and like-minded legislative candidates. Scott ran on the platform of whacking the hell out of public correctional jobs and gutting pensions for public employees. Unfortunately, not enough people heeded the warnings; Scott won (by the slimmest of margins) and many of his legislative “Moonies” also found themselves in elective office. The “we-hate-public-employees-coalition” soon got to work on their promises. In his first legislative session, hard-hearted Scott and his legislative minions were able to greatly reduce municipal and Florida Retirement System benefits and, as an added bonus, pass an income tax on all FRS members to the tune of 3% of salary. Then, at the last moment in the Session, surprise language privatizing corrections in 18 counties passed in the Legislature. By now, you know that PBA, teachers and others have won the lawsuit to undo the FRS reforms and PBA (alone) successfully sued to stop the prison privatization. Fast forward to the recent session. More attempts were made by the Governor, his legislative allies, and the League of Cities to scuttle disability benefits for all public safety officers , again, go after municipal police pensions. There has also been an attempt to do an end around PBA’s court suit blocking privatization. Thus far, the efforts have failed. Thankfully, a brave band of independent Republican Senators, some sympathetic Republican House members (even some in leadership roles) and a unified Democratic Party have joined in successful attempts to stop this nonsense. This group was also able to limit the really far out anti-employee measures from last year. And, yes, as bad as last session turned out, it could have been far worse. In the meantime, the Governor’s appointed Correction’s Secretary has announced that a great number of public (no private) prisons around the state will be closed down. Talk about a crystal ball. During our campaign in the fall of 2010 to warn members and communities about Scott’s plans to severely downsize public prisons, PBA actually paid for full page advertisements in many newspapers to warn about the upcoming cuts coming down the pike to prisons in rural counties and the devastating effect it would have on


the local economies. Now this is coming to pass, with many prisons on the chopping block and privatization of jobs probably on the way sooner or later. (Sooner if the Governor pushes it through unilaterally as he is preparing to do.) The squealing and crying from the affected communities can be heard all the way to the Rocky Mountains. Many of these counties may as well turn out the lights and leave, for the impact is so great. Sadly, these same communities are among those who voted most heavily for Governor Scott and his legislative sidekicks. Their lopsided votes for Scott, in particular, provided the margin of victory—a sort of hari-kari at the voting booth. Nonetheless, when citizens, including some of our own members, admit to having ignored our very public warnings and still voted for Governor Scott and his buds, we are tempted to merely say “told ya so” and end the conversation. “Told ya so,” while tempting, won’t get it, though. It’s like the “Hole Theory”: when you find that you have dug yourself into a hole, the most important thing is to stop digging. That’s right. Now put up the shovel and get out of the hole. When we come to you next fall and warn that certain legislative candidates are out to hurt you or advise that certain candidates will help you, we hope you will listen, pay attention, and vote your pocketbook and your family’s future. Likewise for the governor’s race two and one-half years from now. We know these people pretty well and have a pretty good idea of what they are up to. Believe it or not, there are many candidates in both political parties who will honor and support you for the sacrifices that you and your family make. These are the people we need in public office. There are also indications that the new, upcoming crop of legislative leaders will be kinder, gentler, and more supportive of public safety employees, a most welcome change from these last two wacky years. By the same token, please pay attention to what candidates say and do if they mean you harm. If they have already cut your throat or tell you that they are getting ready to cut your throat, recent history shows that they will cut your throat if elected or reelected. Depend on it. You heard it here first. “Told ya so.”

Membership Update from Your

Glenda Gail Lowery

PBA Membership Dues Structure
n an effort to provide better service to our members, Florida PBA is informing membership of the current dues structure. Support Personnel and members who are NonCollective Bargaining status pay $10.00 less in monthly dues than that remitted for collective bargaining active members. Auxiliary/Reserve members pay $15.00 less in monthly dues than that remitted for active members. Please notify the PBA if you are no longer part of a


collective bargaining unit or you have changed your rank, certification, classification, have retired, on military leave, etc. We will help you determine your proper dues status. Be advised, personnel offices do not inform the PBA of membership status changes. Unfortunately, that falls to each member directly. Please contact your Membership Secretary, Laura Spraker, at 1-800-733-3722, x413, to update your information.


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A Message From the President of the
Law Enforcement: A Business or A Public Service?


business is defined by BusinessDictionary.com as: “an economic system in which goods and services are exchanged for one another or money, on the basis of their perceived worth. Every business requires some form of investment and a sufficient number of customers to whom its output can be sold at profit on a consistent basis.” Based on this definition, I find it unconscionable that our law enforcement leaders could buy into the concept that law enforcement agencies should be run like that of a business. Throughout my 31 years of public service, I never expected to make a profit while protecting the public. In fact, to suggest such a thing would violate the ethical standards that I, like you, took an oath to uphold. Law enforcement is not a business. No lawful business empowers its employees to take “a client’s” life and/or freedom. Nor is our business designed to “satisfy” some of our clientele. After all, many of our actions result in “the client” being imprisoned. Recently, my executive board and I attended a consultation with FDLE involving the issue of on-call pay additives for special agents. (Years ago, FDLEAA agreed to suspend this additive, along with others, as a result of budget cuts which may have included Special Agent layoffs.) Last year, the legislature reinstated on-call pay for law enforcement. FDLE reinstated a watered down version of on-call claiming it was due primarily to money shortages. Although, there was money to provide pay raises to agents not covered under the PBA/FDLEAA Collective Bargaining Agreement. Certainly, the FDLEAA does not and will not stand in the way of agents receiving pay additives, the timing of the pay increase was considered by us to be unfair and a real

morale buster. The explanation for limiting the amount of agents on call and paying wages to the non-bargaining unit agents was explained as “a good business decision.” The practice of substituting “good business decisions” for “good police decisions” is alive and well in many law enforcement agencies, state and local, I’m told. But I, along with many of you, undoubtably agree the “business” concept is ruining the law enforcement profession throughout our state. It simply does not work. However, as a friend said the other day, if you don’t join the State of Florida, Inc., you may be cast out into the unemployment line. Law enforcement is changing and law enforcement administrators are failing to fight the change in attitude! Law enforcement is not, and should never be, a “business.” I recently read an article dealing with the mixing of the business/government concept. It made my point clearly: “In theory, the market should provide goods and services to society in the most efficient and effective manner. Nonetheless, markets may be inherently unsuited to providing certain services. Whereas the profit motive drives the private sector, the public sector is supposed to strive for the public good. The arena of public safety is especially instructive. In certain cases, actions undertaken to achieve economic efficiency may endanger public welfare.” As I have advocated in previous articles, the protection of our citizens and their property “should not have a price tag”! I applaud those law enforcement administrators out there who are standing their ground and running their shops geared towards standing behind their cops who are risking their lives while delivering excellent “public service’’ to the citizens. To the rest of them, please get on board and help the rest of us continue to “do the right thing”!! Thank you for your service and be safe out there!

Telly Sands

make living by “ Wewe get; awe make a what life by what we give.” ~ Winston Churchill

Corey D. Dahlem Memorial Endowed Scholarship Two scholarships are available!
Two scholarships are available at Florida State University for undergraduates in Criminal Justice. These fully endowed scholarships were set up with the intention of them going primarily to children of police officers. Do you have children who might be able to take advantage of fully paid tuition? Please note application qualifications below: • Upcoming junior level undergraduate with a minimum GPA of 2.75. Applications should be turned in during sophomore year. • Applicants must not have been convicted of any alcohol-related offense, reckless driving, or any type of driving or operating under the influence charge. • Applicants must demonstrate financial need. • First preference is given to children of current sworn law enforcement officers in the Gainesville, Florida Police Department. • Subsequent preferences are given to the children of current sworn law enforcement officers in other Florida law enforcement agencies and then to any candidate seeking to pursue a degree in law enforcement. • This scholarship was established as a lasting tribute to Gainesville Police Department Lieutenant Corey D. Dahlem, who was killed in the line of duty April 2007. • The two-year award is contingent on the recipient maintaining a 2.75 GPA or higher. To get more information and/or to apply for the Corey D. Dahlem Memorial Endowed Scholarship, please go to: www.criminology.fsu.edu/p/scholarships-scholarships.php

A little silver-haired lady calls her neighbor and says, “Please come over here and help me. I have a killer jigsaw puzzle, and I can’t figure out how to get started.” Her neighbor asks, “What is it supposed to be when it’s finished?” The little silver-haired lady says, “According to the picture on the box, it’s a rooster.” Her neighbor decides to go over and help with the puzzle. She lets him in and shows him where she has the puzzle pieces spread all over the table. He studies the pieces for a moment, then looks at the box, then turns to her and says, “First of all, no matter what we do, we’re not going to be able to assemble these pieces into anything that resembles a rooster.” He takes her hand and says, “Secondly, I want you to relax. Let’s have a nice cup of tea, and then,” he said with a deep sigh... “Let’s put all the corn flakes back in the box.”

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In Memory Of...

“ Sometimes, when one person is absent, the
whole world seems depopulated.

~ Allphonse de Lamartine

Detective David White Clay County S.O., Florida EOW: February 16, 2012 Read more: www.odmp.org/officer/ 21187-detective-david-white

Deputy Sheriff Barbara Pill Brevard County S.O., Florida EOW: March 6, 2012 Read more: www.odmp.org/officer/ 21204-deputy-sheriff-barbara-pill

Sergeant Ruben Thomas Columbia C.I. Annex, Florida EOW: March 18, 2012 Read more: www.odmp.org/officer/ 21208-sergeant-ruben-thomas

Tag Sales Holding Steady
By Ken Kopczynski
month. The total of all sales since the plate’s inception, including renewals, through February 2012 is over 85,000. Currently there are almost 14,000 valid vehicle registrations with a PBA tag, and growth continues. If your fellow law enforcement families have not bought a PBA plate, ask them to do so. All the proceeds from the plate sales go to our “Heart Fund” and benefit many officers and families when tragedy strikes (see info at left). And now, you can purchase a “gift” PBA plate for family and friends. The Department of Highway Safety and Motor Vehicles has created a new program to help organizations sell their plates (see DHSMV press release below). So have a “heart” and purchase a “Support Law Enforcement” license plate for yourself, your family, or friends and help out your fellow law enforcement family. Florida PBA Director of Legislative Services David Murrell proudly displays one of the first custom PBA Support Law Enforcement Tags.


s I reported in past Roll Calls, sales of the Florida “Support Law Enforcement” license plate were not immune from the economic downturn in the state and increases in state fees, but some positive signs are appearing. New tag sales continue to hover close to 200 per month while renewals have bounced back to over 1,000 per

Contribution Guidelines
In an effort to help the families of law enforcement, corrections, and correctional probation officers who are killed or disabled in the line of duty, Florida Police Benevolent Association (PBA) has established a charitable arm which is called the PBA Heart Fund for our members. Because the PBA Heart Fund is a 501(c)(3) organization, contributions are tax deductible. Monies donated to the Heart Fund are used to provide death benefits to the families of officers killed in the lineof-duty and disability benefits to officers who are permanently disabled because of an in-line-ofduty injury. Aside from individuals who may want to donate with the tax deduction in mind*, political campaigns may dispose of surplus funds (after the campaign is over) by donating some or all of the surplus to the PBA Heart Fund [s. 106.141 (4) (a) 2., Florida Statutes]. And, of course, other entities (e.g. not-for-profit corporations) may also donate to this cause. The address is:

Need to contact the PBA? Call: 1-800-733-3722

Specialty License Plate Gift Certificate Program
By Ken Kopczynski


Florida PBA Heart Fund 300 East Brevard Street Tallahassee, FL 32301 More information about the Heart Fund may be obtained by calling Florida P.B.A. at 1-800-733-3722.
*Receipt for donations will be
provided upon request.

n behalf of the Department of Highway Safety and Motor Vehicles, we are pleased to inform you about an exciting opportunity for your organization as well as for Florida motorists. The Department has authorized the issuance of specialty license plate gift certificates. This new program allows anyone to purchase a specialty license plate as a gift for a motor vehicle registrant. This new gift certificate program works much like any gift certificate. Upon payment of the statutorily authorized annual use fee, a gift certificate may now be purchased at an authorized motor vehicle office (e.g., state motor vehicle office, local tax collector office, or licensed tag agent) for any of the 104 specialty license plates currently available in Florida. At the time of purchase, a receipt will be provided and a credit will be issued in the name of the gift recipient, which can then be redeemed by the recipient at the time the specialty license plate is purchased. You do not have to purchase and redeem the certificate at the same office. The gift certificate is not required to be presented to redeem the credit, just proper identification (i.e. Florida driver’s license or ID card). Once a gift certificate is purchased, the money is given to the sponsoring plate entity as specified by Florida Statutes. Therefore, refunds are not available for gift certificates. We believe that specialty license plates will make great gifts, and that this new program will provide a great opportunity to promote the many causes and organizations represented by the plates. Please remember that in Florida, most registrations are renewed on the birth date of the registrant, so these gift certificates can also be a great birthday gift.


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2012 Pro Law Enforcement Bills
Fallen Heroes Family Tax Relief Act HB 93, HB 95, SB 1056, and SB 1058 By Representative Shawn Harrison (Republican) and Senator Jim Norman (Republican) can be transferred to a new residence if the surviving spouse sells the property. However, the spouse must use the property as his or her primary residence and he or she cannot remarry in order to keep the exemption. The provisions of the bill will apply to surviving spouses of first responders whose deaths occur before, on, or after January 1, 2013. We thank everyone involved with this great piece of legislation. We can never do enough to repay the survivors for their sacrifices. May God bless you. Possession of a Firearm or Destructive Device During the Commission of an Offense HB 947 and SB 1272 By Representative Jim Boyd (Republican) and Senator Jack Latvala (Republican)

Quotes from Will Rogers
Never slap a man who’s chewing tobacco. Never kick a cow chip on a hot day. There are two theories to arguing with a woman. Neither works. Never miss a good chance to shut up. Always drink upstream from the herd. If you find yourself in a hole, stop digging. The quickest way to double your money is to fold it and put it back in your pocket. There are three kinds of men: 1) The ones that learn by reading. 2) The few who learn by observation. 3) The rest of them have to pee on the electric fence and find out for themselves. Good judgment comes from experience, and a lot of that comes from bad judgment. If you’re riding ahead of the herd, take a look back every now and then to make sure it’s still there. Lettin’ the cat outta the bag is a whole lot easier’n puttin’ it back. After eating an entire bull, a mountain lion felt so good he started roaring. He kept it up until a hunter came along and shot him. The moral: When you’re full of bull, keep your mouth shut.

Representative Shawn Harrison

Senator Jim Norman

After last year’s horrific string of officer deaths, Representative Harrison and Senator Norman met with PBA leadership to ask what could be done to help the survivors. These Tampa Bay area legislators believed a Homestead Property Tax Exemption should be provided to survivors of officers killed in the line of duty. The Florida PBA was honored to join them in their effort to pass such a worthwhile benefit on the statewide level. Anytime a tax exemption is provided to a class of citizens, it must first be approved by the electorate as a statewide proposed constitutional amendment. In order to get the legislation in place, the sponsors had to pass two bills. The first bill (CS/HJR 93) created the proposed constitutional amendment language that will be placed on the November ballot. The language contained in CS/SJR 93 creates the Amendment to Section 6 of Article VII in the Florida Constitution “permitting the Legislature to provide ad valorem tax relief to surviving spouse of veterans who died from service connected causes and first responders who died in the line of duty” effective January 1, 2013. It will be known as the “Fallen Heroes Family Tax Relief Act.” It takes 60% approval from the electorate for a constitutional amendment be added to the Florida Constitution. The second bill (CS/HB 95) is what is referred to as the implementing language, which will provide the guidelines and definitions for the act once it is approved by the electorate in November. This bill provides definitions for the following terms. First Responder – defined as a law enforcement officer, correctional probation officer, or correctional officer as defined in s. 943.10, F.S., a firefighter as defined in s. 633.30, F.S., or an emergency medical technician or paramedic as defined in s. 401.23, F.S., who is a full-time paid employee, part-time paid employee, or unpaid volunteer. In the line of duty – while engaging in law enforcement; while performing an activity relating to fire suppression and prevention; while responding to a hazardous material emergency; while performing rescue activity; while providing emergency medical services; while performing disaster relief activity; while otherwise engaging in emergency response activity; or while engaging in a training exercise related to any of the events or activities enumerated above if the training has been authorized by the employing entity. It will also be considered in the line of duty if the death occurs within 24 hours after one of the events or activities listed above; results from a heart attack or stroke that causes the death or causes an injury resulting in death; and is directly and proximately caused by the initial event or activity. As you can see, it is an extensive list. The exemption applies to surviving spouses who hold the legal or beneficial title to the homestead, permanently reside on the property, and do not remarry. The exemption

Representative Jim Boyd

Senator Jack Latvala

This legislation was the brainchild of Tampa PBA President Greg Stout. He approached Representative Boyd (who later approached Senator Latvala) and pitched this nononsense tough on crime legislation. The bill operates under a very simple premise, a disproportionate number of officers killed in the line of duty were killed by previously convicted felons. This legislation will mandate that a person previously convicted of felony will serve at least a 10 year minimum mandatory sentence if that person is in possession of a firearm or destructive device and commits murder; robbery; sexual battery; burglary; arson; kidnapping; aggravated battery; aggravated assault; aircraft piracy; escape; aggravated child abuse; aggravated abuse of an elderly person or a disabled person; unlawful throwing, placing, or discharging of a destructive device or bomb; carjacking; home-invasion robbery; aggravated stalking; or trafficking in certain controlled substances. Many thanks to everyone involved with the passage of this legislation.

ABOUT GROWING OLDER... Eventually you will reach a point when you stop lying about your age and start bragging about it. The older we get, the fewer things seem worth waiting in line for. You know you are getting old when everything either dries up or leaks. I don’t know how I got over the hill without getting to the top. One of the many things no one tells you about aging is that it’s such a nice change from being young. One must wait until evening to see how splendid the day has been. Being young is beautiful, but being old is comfortable. Long ago, when men cursed and beat the ground with sticks, it was called witchcraft. Today it’s called golf. And, finally ~ If you don’t learn to laugh at trouble, you won’t have anything to laugh at when you’re old.

Florida PBA Lobbyist Gary Bradford, Tampa PBA President Greg Stout, Florida PBA Executive Director Matt Puckett and Florida PBA Director of Legislative Services David Murrell in the House Gallery during the passing of HB 947 “Possession of Firearm or Destructive Device” bill.

Timely news about what’s up at the Florida PBA, helpful information regarding legislative issues, quick tips, and best practices for members. Knowledge about PBA issues is the strength of our Association. To sign up, visit www.flpba.org or call 1-800-733-3722 today!
(Your e-mail address will not be given to any other group or organization and you will receive no advertising from outside sources. E-PBA is available to PBA members only. Be sure to add “pbamail@flpba.org” to your approved sender list.)

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or many years the Florida PBA’s newsletter has carried reports on the standards of discipline adopted and used by the Criminal Justice Standards and Training Commission to discipline law enforcement, correctional and correctional probation officers who have allegedly engaged in misconduct. Recently, the CJSTC has started a quarterly bulletin designed to inform officers of the types of misconduct cases the Commission is reviewing and the punishment taken against officers engaging in the misconduct.


Professional Compliance Bulletin from

Professional Compliance Bulletins
The Criminal Justice Standards and Training Commission has as its mission “to ensure that the citizens of the State of Florida are served by the most qualified, well trained, competent and ethical criminal justice officers in the nation.” The Commission meets quarterly in an open forum to address issues relating to criminal justice. As a part of these quarterly meetings, cases regarding officer misconduct are reviewed and action is taken against the officer’s criminal justice certification. Disciplinary action is based on the facts of each case and is guided by both Florida Statute and Florida Administrative Code. The following is a sample of the cases that were heard by the Commission at its meetings held on August 11 and October 27, 2011.

The Florida PBA wants to thank the Commission for agreeing to permit the Association to republish the bulletin in the Roll Call. Officers should understand the Commission’s penalty rules provide a range of discipline as a guide and the penalty taken against the officer will vary depending on the individual circumstances of the case. —Hal Johnson Florida PBA General Counsel

Issue 45 – August 11
Case # 30016 – Burning to Defraud Insurer; Resisting an Officer without Violence The respondent was terminated from the Putnam County Sheriff’s Office subsequent to his arrest for the charges of Arson, Burning to Defraud an Insurer, and Resisting an Officer without Violence. On January 23, 2010, the respondent and a friend were discussing ways to destroy his friend’s vehicle to collect insurance money in order to have the vehicle paid off. The respondent’s friend decided that he was going to burn his vehicle and make a claim that the vehicle was stolen. The friend gave the respondent a gas container and $20 with instructions to buy some gas and meet him at a prearranged location. The respondent followed the friend to another location and his friend took the gas and set fire to his vehicle. The respondent watched his friend torch his truck and then gave him a ride home. The friend then called and made a report that his vehicle was stolen. The truck was discovered by police and an investigation began into the theft and arson of the vehicle. The respondent and his friend made several statements to police concerning the alleged theft. On February 4, 2010, the respondent admitted to officials the truth and was then arrested for charge of Resisting an Officer without Violence. On February 5, 2010, the State Attorney filed charges on the respondent for arson and burning to defraud an insurer. On March 11, 2010, the State filed “no information” on the charge of arson. On November 10, 2010, the charge of Principal to Burning to Defraud an Insurer was amended to Principal to Criminal Mischief-Damage more than $200, but less than $1000 and the respondent pled nolo contendere and adjudication was withheld. He was sentenced to one year probation, court costs, and fines. On November 22, 2010, the respondent pled nolo contendere to the charge of Resisting an Officer without Violence and adjudication of guilty was withheld. He was sentenced to one year probation and various costs and fines. Penalty Guideline: Suspension to Revocation; Probation to Suspension. Staff recommended Revocation. Disciplinary Action by the Commission: The Commission accepted staff’s recommendation. Case # 31641 – Perjury; Misuse of Official Position The respondent was terminated by the Sarasota Police Department subsequent to an internal investigation, which sustained a charge of Perjury in an Official Proceeding, Misuse of Official Position and multiple agency policy violations. An internal investigation was initiated in February 2010 after the Sarasota Police Department received information from the North Port Police Department. The investigation involved a home invasion robbery that occurred in the jurisdiction of North Port in Sarasota County. Investigators in the case were informed that the victim of the home invasion robbery was involved in a feud with another man and an associate who was the respondent’s cousin. It was alleged that the respondent provided the home address to the cousin who in turn gave it to the defendants who committed the crime. During 2009, a brewing rivalry occurred between two men in the township of Newton. The violence escalated when someone firebombed a home belonging to one of the men’s relatives. In retaliation for the act, police believe the other involved man committed a violent home invasion against the family. During a recorded conversation, detectives learned that the home address was provided through a third party, the respondent’s cousin. The cousin admitted he called the respondent on her cell phone on January 4, 2010, while on duty and informed her of the situation. The respondent used the driver’s license database (DAVID) to look up one of the men and provided the current address to her cousin. In November 2010, investigators were notified of the search results from the Florida Department of Highway Safety and Motor Vehicles on the respondent. Search results indicated the respondent ran a query to access the driver’s license information and residential address while on duty on January 4, 2010. On February 25, 2010, during her sworn testimony, the respondent denied that she accessed the DAVID system for the purpose of providing her cousin with the home address of the victim in the home invasion robbery. When the respondent was questioned if she ran the address, the respondent stated, “And I ran his name, I didn’t even pay attention to the address, I was trying to see if he had a warrant, for his arrest, to be picked up.” The respondent stated she did not provide her cousin with the North Port address and that her cousin retrieved the address by looking on a public website that showed recent arrests in Sarasota County. A review of the website showed the site did not have the current address of the victim and it had not been updated since his release date in 2006. Investigators were able to provide evidence that the respondent clicked on a box indicating she requested the address of the victim and provided the address to her cousin, misspelling the name of the street. The misspelling of the street was discovered when the defendant in the case admitted that the respondent provided the name of the misspelled street during his interrogation with police. No criminal charges were filed. Penalty Guideline: Prospective Suspension to Revocation, Suspension. Staff recommended seven months retroactive suspension, sixty days prospective suspension beginning fifteen days following the filing of the Final Order; one year probation to begin at the conclusion of the suspension period; provide staff with proof of successful completion of approved ethics course prior to the end of the probationary period. Disciplinary Action by the Commission: The Commission rejected the settlement agreement and remanded the case for formal hearing. Case # 28748 – Driving Under the Influence with Property Damage/Personal Injury The respondent resigned from the Miami-Dade County Department of Corrections & Rehabilitation subsequent to an internal investigation which sustained the charges of standard of conduct and conduct unbecoming an officer. On March 7, 2009, an officer with the Bay Harbor Isle Police Department observed the respondent standing next to a vehicle that he was operating. The officer noted that the respondent was unsteady on his feet, his speech was slurred, his face was flushed, and his breath emitted a smell of an alcoholic beverage. The respondent failed to perform the standardized field sobriety test conducted by the officer. The respondent was subsequently arrested and charged with driving under the influence. Investigators later discovered that the respondent failed to complete a left turn, and continued traveling which resulted in him crashing into the north side of an apartment complex. On September 29, 2009, the respondent pled nolo contendere to the charge of Driving Under the Influence with Property Damage/Personal Injury and was adjudicated of guilty. Penalty Guideline: Probation with substance abuse counseling. Staff recommended six month probation beginning 15 days following the filing of the Final Order; provide staff with proof of successful completion of approved substance abuse counseling prior to the end of the probationary period. Disciplinary action by the Commission: The Commission accepted staff’s recommendation. Case # 30158 – Public Assistance Fraud (4 counts) The respondent was terminated from the Department of Corrections subsequent to his arrest for public assistance fraud. On January 23, 2010, the respondent made a purchase at a warehouse store in Tallahassee in the amount of $93.54 using an EBT card fraudulently issued to another person. On January 23, 2010, the respondent made a purchase at a retail store in Tallahassee in the amount of $138.23 using an EBT card fraudulently issued to another person. On January 23, 2010, the respondent made a purchase at a grocery store in Tallahassee in the amount of $47.52 using an EBT card fraudulently issued to another person. On February 9, 2010, the respondent made a purchase at a retail store in Tallahassee in the amount of $137.60 using an EBT card fraudulently issued to another person. The respondent was arrested by FDLE for four counts of Public Assistance Fraud. The respondent entered into a Deferred Prosecution Agreement with the Leon County State Attorney’s Office. Penalty Guideline: Suspension to Revocation (each count). Staff recommended revocation Disciplinary Action by the Commission: The Commission accepted staff’s recommendation.

“ If you really do put a small value upon
yourself, rest assured that the world will not raise your price.

~ Anonymous

If you have questions concerning the Officer Discipline process, or if you have any issues you would like to see addressed in the Professional Compliance Bulletin, please forward them to R. Stacy Lehman, Professional Compliance Section Manager in the Bureau of Standards, at the Florida Department of Law Enforcement, P.O. Box 1489, Tallahassee, Florida 32302 or via e-mail at: stacylehman@fdle.state.fl.us

The following information is provided to facilitate an understanding of the Professional Compliance process.
In 2009, the Commission adopted the policy of placing first time DUI respondents in a Probable Cause Intervention (PCI) program in lieu of a finding of Probable Cause. This program placed the respondent on six months probation and required the completion of substance abuse counseling by the end of probation. If the respondent completed the counseling, a Letter of Guidance was issued at the end of the probationary period. Often, respondents placed on a PCI would not complete the required counseling and would not respond to any other correspondence. Their case then progressed through the normal sequence of Probable Cause followed by a Disciplinary Hearing. Since the penalty guideline for a first time DUI was probation with substance abuse counseling, the respondent received the same sanctions imposed in the original PCI. Again, large numbers of the respondents would fail to compete the counseling or respond to any correspondence, which would ultimately end with revocation due to a charge of violating the terms of their Commission ordered probation. Due to the large number of respondents failing to complete the terms of the PCI, Commission staff made a recommendation at the August 2010 Commission meeting that the Commission adopt the use of an “Acceptance Form” to be completed by respondents requesting participation in a PCI program following a first time DUI. The acceptance form requires a signature from the respondent specifying that they wish to participate in the PCI program and acknowledges the terms and conditions of the PCI. The form is sent to the respondent with the letter notifying them of their scheduled Probable Cause Hearing date. The lack of response from a respondent is interpreted as a respondent declining to participate in PCI and they are then presented to a Probable Cause panel with a staff recommendation for a finding of Probable Cause. After approximately one year of the form’s use, it appears that the intended purpose is being realized. Respondents requesting participation in the PCI program are much more likely to complete the requirements than those previously placed in the program automatically. This allows those desiring to continue with their career to move through the disciplinary process at a quicker pace. Additionally, it shortens the length of time spent in the disciplinary process for those who have no intent on continuing their career as an officer.


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Issue 46 – October 27
Case # 30909 – Sexual Harassment - 2 Counts The respondent received a 30-day suspension from the Miami-Dade Police Department (MDPD) subsequent to an internal investigation which sustained Sexual Harassment (5 counts). On October 15, 2008, the MDPD initiated an internal investigation after receiving multiple complaints from two of the respondent’s female subordinates regarding sexual harassment and the creation of a hostile work environment. The investigation revealed that between May 1, 2008 and September 30, 2008, the respondent engaged in inappropriate behavior with the first complainant by kissing her on the lips on numerous occasions without her consent and, on one occasion, by slapping her on her right buttock. These behaviors were corroborated by both another officer and a civilian that witnessed the actions. The investigation also revealed that between May 1, 2008 and October 31, 2008, the respondent engaged in inappropriate behavior with the second complainant by kissing her on the lips on numerous occasions without her consent and, on one occasion, by making a verbal sexual overture to her. These behaviors were corroborated by several officer witnesses. The respondent stated to investigators that he did not at any time take any action that was intended to create a hostile work environment or harass these employees. No criminal charges were filed. Penalty Guideline: Probation with Training to Suspension-both counts. Staff recommended 30 day prospective suspension to be served within 180 days following the filing of the Final Order; one year probation to begin at the conclusion of the suspension period; provide staff with proof of successful completion of Commission-approved sexual harassment awareness course prior to the end of the probationary period. Disciplinary Action by the Commission: The Commission accepted the settlement agreement. Case # 30448 – Driving Under the Influence The respondent separated from the Department of Corrections prior to being arrested for driving under the influence. On January 6, 2010, officers from the Tallahassee Police Department were dispatched to a traffic crash. Once on the scene, one officer observed the respondent in the driver’s seat with vomit on his chest. The officer observed that the respondent’s eyes were bloodshot and watery and his speech was slurred as he spoke. Once the respondent was removed from the vehicle, he was treated by EMS personnel and transported to the hospital. While being treated by EMS, the respondent spontaneously admitted that he was intoxicated. The officer indicated that he could detect the obvious odor of alcoholic beverages coming from the respondent as he spoke. The respondent explained to the officer he did not remember the crash and only remembered being at a local pool hall. He further indicated he had consumed alcoholic beverages at the pool hall. The officer requested a blood sample, and the respondent agreed. On February 2, 2010, the blood sample results were reported as 0.140g/100ml and 0.139g/100ml. On March 29, 2010, a county judge signed a warrant for the respondent’s arrest and on April 7, 2010, the warrant became active. On May 13, 2010, the respondent pled no contest and was adjudicated guilty of driving under the influence. He was sentenced to one day in the county jail with credit for one day, six month probation, six month license suspension, and ordered to complete 50 hours of community service. His vehicle was impounded for ten days; he was ordered to complete DUI School, and ordered to pay various court costs and fines. Penalty Guideline: Probation with substance abuse counseling. Staff recommended the acceptance of the voluntary relinquishment. Disciplinary Action by the Commission: The Commission accepted staff’s recommendation. Case # 30860 – Excessive Use of Force, False Official Statement The respondent was terminated from the Orange County Corrections Department while the subject of an internal investigation which ultimately sustained excessive use of force and untruthfulness. On June 4, 2010, the respondent submitted an incident report detailing an earlier incident. The respondent and another officer, while performing a security check, entered the cell of an inmate in order to remove juice cartons. Upon entering the cell, the inmate in question stood up and suddenly raised his hand in an aggressive manner and then flexed his arm as if to strike the respondent. The respondent’s report stated that he grabbed the inmate’s arm and redirected the inmate to the cell bed as the inmate continued to resist. The respondent and the second officer ordered the inmate to lie down so they could handcuff him, but he continued to resist. The respondent and the second officer then forced the inmate to the cell floor. The respondent reported that they were finally able to handcuff the inmate, thereby ending their involvement in the incident. However, the investigator’s review of the video footage revealed that the respondent and the second officer delivered multiple strikes and kicks to the inmate prior to directing him to the cell floor. The strikes and kicks were not included in the respondent’s report. A battery charge was filed against the respondent on September 1, 2010. On April 15, 2011, the respondent pled nolo contendere to battery and the adjudication was withheld. The respondent was given a six month suspended jail sentence and placed on a 360 day period of probation. He was ordered to serve 50 hours of community service, successfully complete anger management counseling, surrender his correctional officer certification for one year and pay $949.00 in fines and court costs. Penalty Guideline: Suspension to Revocation, Prospective Suspension to Revocation. Staff recommended a one year retroactive suspension, 30 day prospective suspension beginning 15 days following the filing of the Final Order; one year probation to begin at the conclusion of the suspension period; provide staff with proof of successful completion of Commission approved use of force and ethics course prior to the end of the probationary period. Disciplinary action by the Commission: The Commission accepted staff’s recommendation. Case # 28359 – Aggravated Stalking, Solicitation to Commit Murder (2 Counts) The respondent was terminated from the Jackson County Sheriff’s Office subsequent to his arrest for attempted murder and aggravated stalking. On March 4, 2009, a confidential source brought information to an FDLE agent that the respondent had requested her assistance in killing his estranged wife, the wife’s boyfriend, and help in destroying the evidence after the murder. The informant, under the direction of the respondent, conducted surveillance on the wife’s boyfriend’s residence. The respondent provided the informant with his wife’s cellular and work telephone number and suggested that she make threatening calls to his wife so he would have a good alibi. The respondent’s wife had previously received threatening text messages from an unknown number. Both victims stated that during the last week of February 2009, they observed a vulgar sign near her residence which they took as a threat. In addition, the respondent telephoned his ex-wife and threatened her. The respondent then showed up at her residence covered in debris as though he had been lying in grass or a wooded area. On March 4, 2009, under the direction of a law enforcement officer, the informant met with the respondent and discussed the possibility of how the murders would be accomplished and his need for the informant to provide him with a weapon and a vehicle to commit the murders. Under surveillance, the respondent was observed driving past the victim’s residence 12 times. On March 5, 2009, the respondent was arrested without incident for aggravated stalking and attempted felony murder in Jackson County. On April 8, 2009, the state attorney filed no information for the charge of attempted felony murder due to insufficient evidence to prove all the necessary elements of the charge. On April 30, 2010, the court dismissed the charge of aggravated stalking. The State Attorney filed direct information for the charge of stalking. On December 7, 2010, the respondent entered into a pre-trial intervention program for one year for the charge of stalking and harassment. He was ordered to take medication as needed, attend counseling, to have no contact with the victim, to pay various court costs and fines. Penalty Guideline: Suspension to Revocation, Suspension to Revocation (both counts). Staff recommended revocation. Disciplinary Action by the Commission: The Commission accepted staff’s recommendation.

Computer Smarts
Customer: Hi, this is Martha, I can’t print. Every time I try, it says “Can’t find printer.” I’ve even lifted the printer and placed it in front, but the computer still says he can’t find it. Tech support: What’s on your monitor now, ma’am? Customer: A teddy bear my boyfriend bought for me at the 7-11. ☺☺☺☺☺☺☺☺☺☺☺ Customer: My keyboard is not working anymore. Tech support: Are you sure it’s plugged into the computer? Customer: No. I can’t get behind the computer. Tech support: Pick up your keyboard and walk 10 paces back. Customer: OK Tech support: Did the keyboard come with you? Customer: Yes Tech support: That means the keyboard is not plugged in. ☺☺☺☺☺☺☺☺☺☺☺ Customer: I can’t get on the Internet. Tech support: Are you sure you used the right password? Customer: Yes, I’m sure. I saw my colleague do it. Tech support: Can you tell me what the password was? Customer: Five dots. ☺☺☺☺☺☺☺☺☺☺☺ Tech support: What antivirus program do you use? Customer: Netscape. Tech support: That’s not an anti-virus program. Customer: Oh, sorry... Internet Explorer.. ☺☺☺☺☺☺☺☺☺☺☺ Customer: I have a huge problem. A friend has placed a screen saver on my computer, but every time I move the mouse, it disappears. ☺☺☺☺☺☺☺☺☺☺☺ Customer: I’m writing my first email. Tech support: OK, and what seems to be the problem? Customer: Well, I have the letter “a” in the address, but how do I get the little circle around it? ☺☺☺☺☺☺☺☺☺☺☺ A customer called with a problem with her printer. Tech support: Are you running it under Windows? Customer: No, my desk is next to the door, but that is a good point. The man sitting in the cubicle next to me is under a window, and his printer is working fine. ☺☺☺☺☺☺☺☺☺☺☺ Tech support: Okay Mark, let’s press the control and escape keys at the same time. That brings up a task list in the middle of the screen. Now type the letter “P” to bring up the Program Manager. Customer: I don’t have a “P.” Tech support: On your keyboard, Mark. Customer: What do you mean? Tech support: “P”....on your keyboard, Mark. Customer: I’M NOT GOING TO DO THAT!

The following information is provided to facilitate an understanding of the Professional Compliance process.
The following information is provided to facilitate an understanding of the Professional Compliance process.
Florida Statutes and Florida Administrative Code require an employing agency to conduct an internal investigation when having cause to suspect that an officer has violated state officer standards, as defined in Commission rule. Further, the employing agency is required to report sustained findings from the internal investigation to Commission staff. Upon receipt of a completed investigation, Commission staff reviews all pertinent documentation to determine if there appears to be sufficient evidence to initiate a disciplinary case. Items reviewed include, but are not limited to, agency internal investigations, interviews, supporting documentation, arrest documents where applicable, and court documents where applicable. If Commission staff’s review indicates that probable cause of an officer standards violation likely exists, then staff prepares the case for presentation to a Commission Probable Cause Panel for determination. However, Rule 11B-27.004 (12)(a) F.A.C. states: In cases in which the facts presented to Commission staff are inconclusive, lack reliability, are insufficient to permit a reasonable determination of what occurred, or fail to demonstrate that the alleged misconduct meets the statutory criteria for Commission action, Commission staff shall “no cause” the case. Commission staff shall reopen a case that has been “no caused” if new evidence or witnesses become available to Commission staff. However, Commission staff shall “no cause” a violation of paragraph 11B27.0011(4)(b) or (c), F.A.C., if the officer is alleged to have committed the violation more than eight years prior to the case being presented at a Probable Cause Determination Hearing. As the rule makes clear, many factors may influence the determination by Commission staff that a case should be no caused. The sustained violation must first be a violation listed in Commission rule. Reported violations of agency policy that do not equate to a state standards violation under Commission rule, for example, would not be presented for a finding of probable cause and would be no caused by staff. Additionally, misdemeanor offenses reported to Commission staff that fall outside the enumerated misdemeanors in Commission Rule 11B27-0011(4)(b)(1), F.A.C. are no caused. Commission rule further provides for staff to no cause a violation when an administrative tribunal or court proceedings reverse agency findings or the officer is acquitted of criminal charges. Specifically, Rule 11B-27.004 (11)(b), F.A.C. states: In cases in which administrative or judicial review results in a final reversal of discipline imposed by the employing agency relating to the alleged misconduct that is subject to review by the Commission, or criminal proceedings that result in the respondent’s acquittal on all charges subject to review by the Commission after a trial, Commission staff shall take no further action, provided that Commission staff may present the case to a Probable Cause Panel upon Commission staff’s specific showing that the findings of fact in the collateral proceedings were based upon inclusion or exclusion of evidence, or that the testimony was a departure from the essential requirements of law, the findings of fact in the collateral proceedings were not supported by competent and substantial evidence, or were clearly contrary to the evidence presented. Staff may also no cause a case when the available evidence is insufficient to demonstrate that the officer committed the violation. Normally, corroborating evidence or witness testimony must be present to support taking the case forward to a Probable Cause Panel. Cases may be no caused when witness testimony is contradictory, inconclusive, or when key witnesses will not cooperate with the investigation. Finally, Commission staff may no cause a reported violation of perjury or a false statement if the statement was recanted. Rule 11B-27.0011(5) states: A certified officer’s failure to maintain good moral character as defined in subsection (4) of this rule section by committing a violation involving perjury or false statement in a court proceeding, shall not include a statement which was recanted. If the violation involving perjury or false statement is alleged to have occurred in the performance of regularly required work duties or the course of an administrative or disciplinary investigation, a certified officer’s failure to maintain good moral character as defined in subsection (4) of this rule section shall not include a statement in which the officer making the statement conceded such statement to be false prior to the employing agency’s final disciplinary determination as provided for in Section 112.532(4)(b), F.S. Although the Commission’s rule recognizes an officer’s recant (under the circumstances set out in the rule) as a complete defense to a violation of state officer standards, this defense only applies to the Commission’s ability to take disciplinary action on the officer’s certification. It does not have any direct application to the employing agency’s findings or govern its ability to take disciplinary action or terminate an officer. It is Commission staff’s duty to help assure that only appropriate officer cases are presented to the Commission Probable Cause Panel. The staff’s action of “no causing” cases that fail to meet the Commission’s criteria is an important filter in safeguarding the integrity of the professional compliance process. If you have questions concerning the Officer Discipline process, or if you have any issued you would like to see addressed in the Professional Compliance Bulletin, please forward them to R. Stacy Lehman, Professional Compliance Section Manager in the Bureau of Standards, at the Florida Department of Law Enforcement, P.O. Box 1489, Tallahassee, Florida 32302 or via e-mail at: stacylehman@fdle.state.fl.us

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A Message From the President of the
his legislative session turned out to be one of the most contentious sessions I can recall. As you are aware, after the PBA successfully won the lawsuit to stop privatization of institutions in 18 south Florida counties, the Senate leadership chose to press forward with an attempt to pass legislation to privatize the same counties. As they knew last year, the Florida PBA had Republican and Democratic friends in the Senate who would not support their political agenda and could not be bullied. These same friends remained unyielding this year and the privatization was defeated. The PBA has supported, educated and built career long relationships with them and they remained firm in their support of our fellow law enforcement officers. We appreciate the support of those Senators. I thank all the officers who have elected to remain members of the Florida PBA. We appreciate that this support may be a tough decision in these tough economic times, and we will continue to provide you with the high level of service you deserve. For those officers who may have hesitated in keeping their membership, we ask that you carefully consider the protection and benefits you received as a PBA member, and think of the challenges you would face if you suddenly found your job and your career in a precarious position due to an unforeseen circumstance. The PBA is still the only group that truly understands your job and is prepared to meet these challenges head-on as we do on a daily basis for thousands of law enforcement officers across the State of Florida. We understand that your career sometimes pivots on decisions that an offender makes, that you have no control of. Unfortunately, these are the challenges we face every day of our career. Now, on to the latest information relating to changes in the Security Services Bargaining Unit contract. Due to the changes in representation of the bargaining unit, the new group was thrust into immediate negotiations with the state


Gil Fortner

You cannot possess what you will not pursue.

~ Anonymous

with an inexperienced bargaining team. Unfortunately, the results were not favorable for our officers. While they agreed to the same language contained in PBA’s last contract in some articles, many others were decided unfavorably in the State’s position following contract negotiation impasse that was ultimately decided by the legislature. NONE of their proposals were accepted by the state. One of the most notable changes involved your protections regarding Reassignments, Transfers and Change in Duty Station. PBA’s current contract language provides protection in the event of a reassignment where the state wishes to transfer someone to another office for some reason. Current contract language requires the state to first ask for volunteers and if no one volunteers, then they can only transfer the officer in the particular job class with the least seniority. The new changes (if the new contract is ratified) would allow the state to select any officer—no matter their seniority—to be transferred to meet the “needs of the agency,” which we all know could be crafted to mean anything they wish. Again, as we expected, there will be no pay raise this year, but fortunately, no changes were made to the state’s insurance contribution. We will be preparing a more detailed mailout for our officers outlining protections that can still be provided to PBA members and how the change in bargaining unit representative has negatively impacted our officers. I can inform you that after over three months, the Teamsters still do not have a board that consists of probation officers and correctional officers and they have not even scheduled an election. We are including a dues bank draft form (see page 24) that can be forwarded to the PBA to reinstate your membership or you can go online to flpba.org to prepare and submit an on-line bank draft authorization. You can be assured that your experienced PBA chapter board of directors is still available to serve our members.


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A Message From the President of the
have served as the President of the State Law Enforcement Chapter of the Florida PBA for over a year now, with the same two goals: 1. serve the membership; and 2. grow the chapter Membership meetings have been held in Tampa, Orlando, and Clearwater (several more are in the planning stages). My objective is to be accessible to all the SLEO membership. The Task Force Consolidation Committee is an item that I have been involved with from the start. We have had a SLEO representative at every meeting. I have personally been involved with the FWC/DEP merger. Representative Rich Glorioso (R) and Senator Jack Latvala (R) passed the FWC merger legislation. Effective July 1, 2012, DACS Officers who patrol CARL and DEP Park Police Officers will merge into the FWC Law Enforcement Officers Unit. This legislation was a result of one of the recommendations from the Law Enforcement Consolidation Task Force led by HSMV Executive Director Julie Jones. Passing this legislation was a group effort. The State Law Enforcement Officers Chapter of the Florida PBA worked closely with FWC Colonel Jim Brown and his staff on this issue. Also included in this merger is pay parity money for the FWC Law Enforcement Officers Unit. The annual base salaries will increase to the following levels: LEO - $32,836.18 LE Lt - $45,822.40 LE Corporal - $36,119.72 LE Cpt - $60,770.06 LE Investigator II - $40,746.16 Duty Officer - $29,640.00 Again, great work by everyone involved. I have been working with FWC command staff about offering their officers an option of 10-hour workdays, much like what DEP has been utilizing for some time now. FWC was in agreement to forming a committee to work through this process. Richard Wilcox (FWC board member) and I have been attending the meetings with this committee. After gathering input from the field, the committee has now recommended a statewide 12-month pilot program to the


command staff. All included positions will vote either in favor of the pilot program or against it. PBA members AND nonmembers will be allowed to vote. Richard will then gather input from PBA members prior to making a final decision. The voice of our membership will speak the loudest as always. Water Patrol, Vessel Patrol, Boating Safety Hours, Funding, Morale, Activity… I have been meeting with FWC command staff for over a year now concerning Water Patrol requirements. I am starting to actually believe we will soon see some improvements. My goal is to work toward a better system of calculating the hours. I have not asked FWC to reduce its commitment of vessel patrol hours agency wide. I foresee its hours actually increasing due to the changes. I have asked it to implement a more fair and equitable system. I have issues with directing an officer to make up vessel hours when they were away on sick leave or serving our country. After discussing Vessel Patrol hours with Col. Brown and Col. Wiwi, it is clear that improvements will be seen in the near future. Who would have ever thought that… People would stop trusting an officer’s word; An Officer’s benefits, they worked so hard for, would be attacked; An Officer’s Comp time hours would be taken away; An Officer’s ability to work overtime hours would be reduced; An Officer’s payroll deduction (for union dues) would be stopped; and An Officer would have established arrest quotas to meet. There has NEVER been a better time to be a member of the Florida PBA. We are being attacked by the people we serve daily. It’s evident in the news and in the local newspapers. It seems that we have gone from heroes to villains in the minds of many. I assure you the PBA will support you and defend you during these times.

Scott Hoffman
The SLEO Chapter leadership is committed to working hard for our members. You will see that we are doing things a bit differently. I believe that if you serve the membership properly, the Chapter will continue to strengthen. I would ask that you join me in growing our Chapter. Hand out a few applications. Sign up new members. Do you have a PBA bulletin board in your office? Would you like one? If you are interested in having a membership meeting in your area contact me. Stay Safe!

A Message From the President of the
PBA’s Efforts Saved Our Benefits
he Highway Patrol Chapter had a pretty good session this year. Like I have heard others says, the bar was set low so it’s all in the eye of the beholder. The Legislature did provide us with funding for incidental overtime ($3.1 million) and replacing the Crown Victoria vehicles ($6 million). The funding is greatly appreciated and much needed. In my opinion, there needs to be more, but in this environment, we will take all that we can get. Unlike last year when the Patrol lost incidental overtime funding, the Legislature’s decision to fund incidental OT could not happen at a more appropriate time. Without it, our SOAR and CVE overtime dollars were in jeopardy. So with this money, we are in a much better position for the next fiscal year. The chapter reached a Memorandum of Understanding with the patrol to move to an 80 hour work week. The state took us to impasse last year and forced the change to our contractual 40 hour week. The patrol originally wanted to move to a 160 hour week so we had to act quickly on this issue. Colonel Brierton and the chapter were able to reach agreement on the 80 hours. We appreciate the


Colonel for meeting us halfway. Thankfully, the Legislature earmarked $661,252 to “implement pay parity adjustments” for CVE Troopers. This means that the Highway Patrol now has money to address pay parity. The proviso language directs that CVE Troopers’ base salary will be increased by roughly $2,100 effective July 1, 2012. There are still a number of questions regarding how much of an increase is needed to truly equalize pay. The chapter is going to meet with the patrol to work on the details of this issue. We are in a much better position on this issue than we were last year with zero funding. Let’s thank our PBA lobbying team for protecting our pensions and our health insurance this session. We will not see any reductions to either benefit and we will not pay anymore to receive the benefits either. Like I said, the bar was set low. Finally, I thank our legal team for all they have done to restore our pensions over the last nine months. Our General Counsel Hal Johnson was co-counsel in the FRS lawsuit. He is going to continue on as co-counsel through the appeals process. Great work Hal! Until next time.

Bill Smith

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A Public Service Column for Members:
QUESTION: I saw something recently on the news about cervical screening women and prostate screening in men; are Pap smears and PSA tests no longer important? According to the National Cancer Institute, almost 13,000 new cases of cervical cancer will be diagnosed in the U.S. this year, resulting in over 4,000 deaths. In two separate proposed guidelines released in October, the U.S. Preventive Services Task Force (USPSTF), and the American Cancer Society (ACS) have recommended less frequent testing for cervical cancer. Both suggest that, rather than testing every year, Pap smears should be done every three years for women 21 to 65 years of age. Also in October, the USPTF recommended against using the PSA test in men who “do not have symptoms that are highly suspicious for prostate cancer, regardless of age, race or family history.” According to the Task Force, rather than saving lives, PSA tests result in needless medical procedures that leave men impotent, incontinent, or both. But this recommendation is not without controversy. The American Urological Association issued a statement that this recommendation “will ultimately do more harm than good,” and continues to recommend PSA screening for men who want an early diagnosis. While the PSA test clearly saves lives, the 16-member panel looked at whether widespread PSA testing saves enough lives to justify the adverse consequences (including loss of bladder control and impotence) in those who had false-positive results and underwent further diagnosis or treatment when it may not have been necessary. While most cases of prostate cancer are not fast-growing, and the majority of men die with prostate cancer but from other causes, for men who have had prostate cancer and have had their prostate removed, the PSA test can detect a recurrence. High risk patients (including African American men and those with a family history of prostate cancer) can also benefit from increased vigilance provided by the test. It’s also interesting to note that while a European study looked at by the task force found no reduction in deaths due to prostate cancer among men of all ages who had PSA testing, it did find a reduction in deaths among men aged 55 to 69 who had the PSA test, suggesting the usefulness of this test in that age group. (While on the subject of prostate cancer, you may want to skip taking Vitamin E Supplements. In an example of something that is “natural” but can actually cause harm, a recent study found a 17% higher incidence of prostate cancer in men taking Vitamin E supplements.) These studies do not mean that Pap smears and PSA tests are no longer important, or that you should stop getting them annually. These guidelines have been published for comment, and will not be finalized until the middle of this year. In the meantime, you should talk to your own physician about your personal risks and strategies for screening. QUESTION: Doc, I’m trying to cut back on the junk food, but I am a confirmed “chocoholic,” and I love coffee. Are chocolate and coffee bad for me? Not necessarily. A new study of 33,000 Swedish women found that the more chocolate women ate, the lower their risk of stroke. In another study published in the British Medical Journal, investigators reported that those who ate the most chocolate had a 37% lower risk of cardiovascular disease and a 29% lower risk of stroke compared with individuals who ate the least amount of chocolate. These studies support the findings of previous studies. It seems as though the most beneficial effects of chocolate may be linked to the consumption of dark chocolate. As for coffee, it contains many biologically active compounds that have strong antioxidant activity and can affect both sugar metabolism (with a reduced risk of Type 2 diabetes) and—are you ready for this—sex hormone levels. Apropos to the last question, a recent study published in the Journal of the National Cancer Institute showed that regular coffee consumption (caffeinated or non-caffeinated) reduced the risk of lethal or advanced prostate cancer. So, as with most things in life, it’s best to do everything in moderation. But some dark chocolate and hot coffee might just have some positive health benefits. QUESTION: I’ve heard that the flu vaccine is not very effective. Should I get it this year? According to the CDC, the flu vaccine can reduce a healthy adult’s chance of getting the flu by 70-90%. But an exhaustive new analysis, published October in The Lancet, finds that the flu vaccine provides only 59% effectiveness among healthy adults (1865), while the nasal spray flu vaccine was 83% effective when used in children six months to seven years of age. This year there is also available a high-dose vaccine, which is expected to provide better protection for those over 65. Actual effectiveness varies by age, health, and timing of when you get the vaccine. The CDC continues to recommend that everyone over six months of age should get a yearly flu vaccine. Even Dr. Michael Osterhom, who conducted the study, still recommends that the flu vaccine be used. Since influenza activity is now low in the US, and it takes about two weeks for the body to develop immunity, this a good time to get vaccinated. Remember that the flu vaccine does not provide protection against unrelated cold viruses. Good habits, such as covering your mouth when you sneeze and regular hand washing are thus essential. LEOs are encouraged to keep hand sanitizer available, and use them each time they return to their vehicle. Until next time: stay healthy; stay safe! The information provided in this article is for general information purposes and may not be relied on as a substitute for actual professional medical advice, care or treatment. Nothing in this article may be used for diagnosing or treating any health condition and is not a substitute for professional medical evaluation, diagnosis or treatment. The reader is encouraged to consult their own physician regarding their own symptoms, medical condition, treatment or medications. If you have or suspect that you have a medical problem, you should contact your own physician immediately. Do not disregard the medical advice of your physician in seeking medical advice from your physician because of anything you read in this article.

Dr. Bradley S. Feuer, Esq.
Chief Surgeon, Florida Highway Patrol
Bradley Feuer is a boardcertified osteopathic family physician as well as an attorney at law. In addition to being sworn as a Florida Highway Patrol auxiliary trooper, he serves as FHP’s Chief Surgeon. Dr. Feuer is the Regional Director of Medical Education at the Palm Beach Centre for Graduate Medical Education, and Clinical Professor of Family Medicine at medical schools in Florida, Georgia and Kansas. Licensed as a healthcare risk manager with extensive experience in quality assurance, a Diplomate of the American Board of Forensic Examiners, Diplomate of the American Board of Forensic Medicine, Fellow of the American College of Forensic Examiners, Fellow of the American College of Legal Medicine, and Fellow of the American College of Osteopathic Family Physicians, Dr. Feuer is also an experienced broadcaster who has hosted several highly-rated medical programs on both radio and television.

Do you have a question for the Doctor?
Send them to: Florida PBA Roll Call, Attn: Bob Peterson, 300 E. Brevard St., Tallahassee, FL 32301 or e-mail to: bobpeterson@flpba.org and we will print the questions with answers in future Roll Calls.

All submissions will be kept strictly confidential and no names will be used.


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A little girl ran to her Grandfather, jumped into his arms and gave him a big hug. Then she ran her fingers along his balding head and down the side of his wrinkled face. “Did God make you Grandad?” she asked. “Yes honey, he made me.” She felt her own cheek and then asked, “Did God make me too?” “Yes honey, he made you too.” “Well,” she shrugged, “Don’t you think he’s doing a better job now than he used to?”

“ Resentment is like drinking poison and
waiting for the other person to die.

~ Carrie Fisher

Gulf Coast Chapter Election Results
The election count for Gulf Coast Chapter was conducted March 14, 2012, at the Florida PBA office in Tallahassee, Florida. The term of office will be from April 1, 2012, through March 31, 2016. The following members will serve as your Board of Directors: President . . . . . . . . . . . . . . . . . . . . . . . . . . Matthew Sellers Senior Vice President . . . . . . . . . . . . . . Steven Tharaldsen Vice President . . . . . . . . . . . . . . . . . . . . . . . . Vincent Doyle

tters Le the to PBA
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Secretary/Treasurer . . . . . . . . . . . . . . . . . . . . . . Kelly Witt Ft. Myers P.D. Directors (3): . . . . . . . . . . . . Edward Quinn Chad Thornton Philip Youngblood Lee County Sheriff’s Office Director: . . . . . . . . . . (Vacant) The new Board of Directors will fill the remaining vacant position. We congratulate and commend the candidates for coming forward and offering their time and talent to serve you.

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National Association of Police Organizations
As part of the recent payroll tax deal the allocation of spectrum, known as the D Block will be given to public safety. After months of debate, Congress reached an agreement on a long-term unemployment extension, a reimbursement rate to physicians treating Medicare patients and an extension of a payroll tax cut through the end of the year. The legislation, H.R. 3630 was formally introduced on February 16th and was signed into public law on February 22nd. Prior to the President signing H.R. 3630 into public law, NAPO President Tom Nee and Vice President Mick McHale were invited to join Vice President Biden in the White House on Tuesday, February 21st for a meeting to discuss the plan to build out the public safety network. NAPO was the only rank-and-file organization of the 11 members of the law enforcement community in attendance. NAPO’s inclusion in the meeting signified the recognition of our dedication to law enforcement as evidenced in our hard work for the passage of a nationwide interoperable public safety network. Of particular importance to NAPO members is the creation of a nationwide, interoperable broadband network for public safety. Since the recommendations of the 9/11 commission, NAPO has been working to advance rank-andfile’s position on this critical issue and we continue to advocate for the creation of a national interoperable broadband network for first responders. NAPO has been working to advance this network by working with members on Capitol Hill and within the Administration. We applaud the members of the conference committee for reaching an agreement and providing necessary resources to first responders. This legislation gives the Federal Communications Commission (FCC) the authority to auction off unused or underutilized broadcast spectrum, thus raising revenues to offset the cost of the three spending provisions referenced above. This bill provides that as much as $7 billion will be set aside from spectrum auction proceeds for building out the First Responder Network on the 700MHz D Block. In addition to providing $7 billion for the advancement of the D Block build out, the legislation also addresses several other areas of concern to NAPO members. The first of which is governance of the network. The National Telecommunications and Information Administration (NTIA), part of the Department of Commerce, will oversee the newly created “First Responder Network Authority” (FirstNet). This allows for a national approach and a set of standards for the network. Additionally, the legislation authorizes the creation of formal Advisory Committees which will allow first responders to directly influence the governance of the new network. Further, states will have the opportunity to opt-out of FirstNet, but they will still be held accountable to meet minimum, nationwide standards. The legislation favorably resolves the Narrow Band issue: public safety will be allowed flexible use of the narrowband (subject to the FCC) rather than being forced to give up use of that spectrum as proposed in an earlier draft. However, the T-Band spectrum, currently utilized by some public safety entities, must be returned to the FCC for re-auction no later than nine years after the enactment of legislation. In crafting this deal, the House majority made major concessions and ultimately delivered what public safety needs. NAPO recognizes these efforts and is also grateful for Senator Rockefeller’s leadership on S. 911. First responders will soon benefit from the implementation of a nationwide, interoperable broadband network due to the leadership of the President and the Vice President’s continued commitment. NAPO’s work on this issue is not complete. We will continue to join the Administration, Congress and the FCC to ensure that the public safety network reflects the needs of rank-and-file officers.

Former PBA attorney Bill Johnson is the Executive Director of NAPO.
The National Association of Police Organizations (NAPO) is a coalition of law enforcement unions and associations from across the United States that serves to advance the interests of America’s law enforcement and corrections officers through legislative and legal advocacy, political action and education. Founded in 1978, NAPO now represents more than 2,000 police unions and associations, 236,000 sworn law enforcement officers, 11,000 retired officers and more than 100,000 citizens who share a common dedication to fair and effective crime control and law enforcement. Florida PBA, Palm Beach County PBA, and Dade County PBA are members of NAPO.

Contact us at (800) 322-6276 or via e-mail: info@napo.org with any questions.

The Police Appreciation Program for $500 cash back on a Ford or Lincoln has been extended through January 7, 2013. During this time, all NAPO members who are active or retired officers and United States residents are eligible. There is a limit of five (5) new eligible vehicle purchases or leases per Association member during the program period. Please visit the website www.fordspecialoffer.com/police/ napo for more information. Some vehicles are excluded. If you are interested in receiving flyers to distribute to your membership, please contact Nina Kunkel at the NAPO Office at (703) 549-0775. Please help NAPO administer this great program by not only informing your members, but also providing them username and password so they can immediately act on this great deal. The NAPO office can provide you with these access codes for your organization if you do not already have them.

President Obama signed a four-year reauthorization of the Federal Aviation Administration (FAA) programs on February 14, 2012. However, passage of this legislation has been an arduous process, with numerous short-term extensions since the last four-year reauthorization in 2003. During the first half of the 112th Congress, both chambers passed FAA Reauthorization legislation, sending their respective differences to a conference committee. A conference report was stalled due to contentious language regarding union proceedings. Finally, on February 1, 2012, Conference Report 112-381 was filed. Shortly thereafter the House agreed on the report (248 – 169) and the Senate followed suit. NAPO had two specific areas of interest in the FAA Reauthorization legislation. The first, Residential Helicopter Noise Relief and secondly Securing Cockpits Against Lasers. The Los Angeles Residential Helicopter Noise Relief Act of 2011, (H.R. 2677) was sponsored by Congressman Howard Berman (D-CA). H.R. 2677 would reduce helicopter noise in residential areas while at the same time providing an exemption for law enforcement activity. NAPO’s concern with the legislation was the wording of the law enforcement exemption. We worked to change this from “may exempt” to “shall exempt.” Overall, NAPO agrees with the intent of Congressman Berman’s underlying bill; it is important for helicopter operators to fly safely while minimizing noise impact on the surrounding communities. Equally important is the ability of first responders to preserve public safety. NAPO also provided input on Senator Charles Schumer’s (D-NY) amendment, The Controlling Helicopter Noise Pollution In Residential Areas Act, that was included in the FAA Reauthorization bill, also requesting that the language be changed from “may provide” to “shall provide.” Ultimately Senator Schumer’s language was not incorporated into the final draft of the legislation. This was a win for law enforcement that does not impact their ability to operate helicopters. Throughout the entirety of the 112th Congress, NAPO worked with members in both chambers and on both ends of the political spectrum to make it a punishable offense to aim a laser pointer at an aircraft or in its flight path. Legislation (H.R. 386) was first introduced by Congressman Dan Lungren (R-CA) in January 2011, and passed out of committees. Then, by a voice vote, the House passed H.R. 386 and it was referred to the Senate. Companion legislation (S. 1608) was introduced by Senator Sheldon Whitehouse (D-RI) in September. NAPO worked with both of these offices as well as Senator Mark Kirk (R-IL) and Senator Barbara Boxer (D-CA). Additionally, NAPO worked in conjunction with these offices on S. AMDT. 8, submitted by


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Securing Aircraft Cockpits Against Laser Pointers Continued
Senator Whitehouse to the FAA Reauthorization bill that was agreed to 96-1. NAPO’s statements of support were included in the Congressional Record. The Federal Flight Deck Officers Association is a valued member of NAPO. Together, we have a vested interest in protecting pilots and passengers from the harmful effects of laser pointers. Reports of laser pointers being aimed at aircraft have dramatically increased over the past few years. Laser beams pointed at an aircraft can cause temporary blindness to pilots and jeopardizes aviation security. The inclusion of this important provision within the FAA Reauthorization Bill will not only help to protect those directly affected by the lasers but also strengthen the enforcement of homeland security. Our investment demonstrates NAPO’s commitment to the safety of our nation, the community, and law enforcement officers.

Senate Democrats Majority Leader Harry Reid (D-NV) 202-224-3542 Democratic Whip Richard Durbin (D-IL) 202-224-2152 Republicans Minority Leader Mitch McConnell (R-KY) 202-224-2541 Republican Whip Jon Kyl (R-AZ) 202-224-4521 House of Representatives Republicans Speaker of the House John Boehner (R-OH) 202-225-0600 Majority Leader Eric Cantor (R-VA) 202-225-2815 Majority Whip Kevin McCarthy (R-CA) 202-225-2915 Democrats Democratic Leader Nancy Pelosi (D-CA) 202-225-4965 Democratic Whip Steny Hoyer (D-MD) 202-225-4131

This past year, 2011 was a deadly year for law enforcement, with a total of 177 officer fatalities. Of this number, 71 deaths were firearms-related. The number of firearm fatalities could have been higher. Countless lives were saved due to the use of bulletproof vests. Protecting the lives and safety of its citizens is an important responsibility of the Federal Government. On February 15th, a Senate Judiciary Hearing examined this responsibility even further when it took into consideration “Protecting Those Who Protect Us: The Bulletproof Vest Partnership Grant Program.” This is an issue of paramount concern to NAPO and its constituents. Our testimony highlighted NAPO’s involvement with the BVP program all the way from its inception through its current status. In fiscal year 2011, there was approximately $24.2 million allocated through the BVP grant program to 2,960 jurisdictions. The Bulletproof Vest Partnership Grant Program authorization expires at the end of FY12. NAPO is working with offices in both the House and Senate to introduce legislation that would reauthorize the program. Several concerns were addressed in the testimony. These included our continued commitment to protect rank-andfile from the potential harmful effects of any “mandatory wear policy” for vests. NAPO also took two positions on the fifty-seven-page report issued in February by the Government Accountability Office (GAO). The first position, in an effort to remain fiscally mindful of taxpayers’ resources, NAPO believes that BVP grants should be consolidated in one place and there should be no adverse affect on funding. The second position deals with unused funds within the BVP grant program. NAPO calls for a policy that assures these funds allocated to vests are utilized by departments and calls for agencies’ management to be responsible for making sure this happens. Finally, NAPO strongly advocates for a comprehensive care, measurement, fit and maintenance policy for Bulletproof Vests. Crime knows no jurisdictional boundaries. Thousands of jurisdictions across the United States must rely on the Bulletproof Vest Partnership Grant Program to safeguard the lives of their officers. NAPO was there for the creation and implementation of the BVP grant program and we will continue to be a strong, proactive force shaping this important program. Go to this link to read NAPO’s testimony: www.napo.org/legislative-update/Submitted_ Testimony_Senate_Judiciary_BVP_2_15_12.pdf

For the second consecutive year President Obama has delayed the release of his annual budget. It appears good things do not come to those who wait. Despite the growing demand for COPS Hiring and other law enforcement needs, the President’s budget request did not meet NAPO’s expectations. Overall, funding for NAPO’s key initiatives was down compared to FY11 and FY12. This year the President requested roughly $257.1 million for the COPS Hiring program, a steep decrease of funding request from the past two years. Although this is still not an adequate amount, it is higher ($91,087 increase) than the FY12 final enactment of $166 million by Congress. The budget request for the Byrne JAG program was at the $430 million level; also a decrease from the President’s funding request in the past, but still higher than final enactment in FY12 Congressional Budget (only a $60,000 increase). The Byrne JAG program is authorized through FY12. NAPO is working on a strategy to extend authorization without impacting potential funding. The Bulletproof Vest Partnership program received the same funding as in past years; $24 million and the VALOR initiative received a first time line item request by the President of $5 million. The President’s Budget request also calls for the consolidation of the National Preparedness Grant Program. This is important to NAPO’s membership as it affects key grant programs that benefit law enforcement including; State Homeland Security Grant Program (SHSGP), Urban Areas Security Initiative (UASI), and Law Enforcement Terrorism Prevention Program (LETPP). NAPO is opposed to the consolidation of these programs. The Administration’s plan to consolidate these grant programs and how, if at all, changes would occur remains unclear. NAPO is working to address this issue and has reached out to the Senate Committee on Homeland Security and Governmental Affairs. Unique in the President’s Budget was a call to invest in First Responders. In preparation for this formal request, NAPO attended a February 3rd event with President Obama during which he highlighted the importance of hiring Veterans and providing grant programs such as COPS Hiring. The President’s request included $4 billion in immediate assistance for COPS Hiring while creating Veterans Jobs Initiatives. NAPO participated in a variety of events with the Administration to review the $3.8 trillion FY13 budget. We have actively been on Capitol Hill continuing the education of these programs and will continue to provide membership updates.

Use what talents you possess: the woods would be very silent if no birds sang there except those that sang best.

~ Henry Van Dyke

Please Make Note of NAPO’s 2012 Events
Annual Legal Rights and Legislative Seminar
Friday, May 11, 2012 The Mayflower Hotel — Washington, District of Columbia

19th Annual TOP COPS Awards Dinner
Saturday, May 12, 2012 The Mayflower Hotel — Washington, District of Columbia

NAPO’s 34th Annual Convention
Saturday, July 21 – Wednesday, July 25, 2012 Palm Beach County, Florida

Please visit www.napo.org for detailed event information and exhibiting/sponsorship opportunities. Contact us at 1-800-322-6276 or via e-mail: info@napo.org with any questions.

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Privatization Issues
What Killed Prison Privatization?

Ken Kopczynski
Director of Research
Follow me on Twitter @ PCWGKen


here’s a saying: “Victory has a thousand fathers; defeat is an orphan.” That is how I feel about the recent Senate vote killing the privatization of public prisons in south Florida.

The Private Corrections Institute maintains an excellent webpage on the for-profit private prison industry. You can get recent news, lawsuits, reports, and links to other sites. Our “Hall of Shame” is a hit among activists. The link is: www.PrivateCI.org

Some background I have been fighting the private prison corporations for the Florida PBA since 1997 when I first started looking into the actions of the Correctional Privatization Commission (CPC). The CPC was the agency with the responsibility for contract oversight of private prisons in Florida. My investigations directly led to the filing by this author of two successful ethics complaints against two now former employees of the CPC: Dr. Charles Thomas and Mark Hodges. Both Thomas and Hodges were found guilty of, and paid fines for, violating Florida law for their personal relationships with the vendors they were tasked to oversee. You can read about my adventures in my book, “Private Capitol Punishment: The Florida Model.” Because of the rampant corruption at the CPC, Governor Jeb Bush abolished the CPC in July 2004 and moved its functions into the Department of Management Services (DMS). When DMS took over operations from the CPC, they had their auditors review the Commission’s records and operations. What they discovered was that the CPC had allowed the vendors to get away with close to $13 million in overpayments through lax oversight. You can read the report, “Contract Management of Private Correctional Facilities,” at this link: www.privateci.org/private_pics/Final%20Report.pdf While the PBA was successful in exposing the incestuous relationship between some of the state players and the private prison vendors, and we kept prison privatization to a minimum over the years, the vendors were successful in

2011 in slipping language into the budget privatizing pubic prisons in 18 south Florida counties. Because they used the budgetary process and not a standalone bill, we had no opportunity for a fair fight to stop this action. They knew what they were doing. Once the budget was signed into law by Governor Scott, the PBA had no option but to file suit against the state for putting substantive law into the budget – a constitutional no-no. The PBA was and continues to be successful in our suit against this privatization effort. This being the case, once the Legislature convened in 2012, they moved forward with a separate bill, SB 2038, privatizing south Florida prisons. While the PBA was not the official representative for state COs, our lobbying team was constantly asked by legislators, media, and other interested parties our position on SB 2038. We did everything we could to facilitate the defeat of SB 2038. So it was bittersweet when, on Valentine’s Day 2012, the Florida Senate voted to kill the largest privatization effort in the United States. The Senate effort was led by longtime PBA supporter Senator Mike Fasano, with very strong support from Senator Paula Dockery and Senator Jack Latvala. Please understand that had not the PBA filed its lawsuit, all the prisons in south Florida would have been already privatized. So, I am happy to share in the defeat of this prison privatization effort with a thousand fathers. It was a group effort, but one that the PBA started and had the wherewithal to follow through over all these years. I’m just glad I’m not an orphan.

A Message From the President of the
PBA Is Still Here Fighting For You

James “Jim” Baiardi

et me start by thanking all the State Correctional Officers who joined us in fighting back against south Florida prison privatization. It is truly amazing what we can accomplish when we work together. No one thought we could stop privatization last year, but our lawsuit forced the issue back to where it belonged in the first place – on the Senate floor as a stand-alone bill. I always said that if the fight was fair, we would beat them with the facts. Maybe I am gloating just a little bit, but, yes, it does feel good to be right. Hey, anytime we can stick to the privateers, we deserve to gloat a little. I certainly appreciate all of the kind words so many of you have offered to me, along with Officers McKenna and Maycock for taking our fight to court. This article is a little bittersweet for me and the Florida PBA. We have spent many years fighting the Legislature’s attempts to privatize away our livelihoods. And although I am certainly still here with each of you fighting the good fight, we all know it is just not the same. I am asked what I think about everything going on now in the department and what I would do differently. Again, I certainly appreciate the question and the sentiment behind it, but for right now it is not my place to answer, or offer a


critique. There is a new group working on those issues and they must learn, like we did, how to handle the responsibility. Only time will tell if they are up to the task. I will say this – the PBA is still here for you. Despite rumors of our demise, our association still played a major role in protecting you and your family. We fought the Governor in court on the FRS and I am sure you’ve heard by now that we won. PBA’s General Counsel Hal Johnson was cocounsel in that lawsuit and State Correctional Officer Randall Haire was one the named plaintiffs in that case. We also recruited the expert witness in the case, Mrs. Charlotte Moore, to provide testimony on behalf of the employees. Her testimony on the financial losses an employee would sustain was a vital part of Judge Fulford’s final decision. As always, our lobbyists spent countless hours at the Capitol fighting for your job and your benefits. They lobbied against privatization, they made sure our insurance premiums did not increase, and that the health insurance coverage was not decreased. Let’s face it – we all thought that would be the next shoe to drop. So things have changed, but nothing has really changed. PBA is still here ready to assist you anyway we can. Take care of yourself and each other.


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Tennessee Home Site Lots
Custom lot sizes from 1.7 to 25 acres. 2 acre lots starting from only $29,500.
These private home site lots have beautiful mature hardwoods and range from fairly level to subtle elevation changes. Lots are located in Marion County just 25 miles NW of Chattanooga and 10 miles from Lake Nickajack and the Tennessee River on the Cumberland Plateau. All lots are on paved road with utilities: city water, electric and phone. Shopping, Restaurants, Schools, Hospital, Lake Docks and other amenities are just 10 to 15 minutes away. Land prices and interest rates are at record lows, so don’t delay.

For more info, call Dan at 423-949-7315. E-mail: kittles01@msn.com
The Fiancé
A young woman visits her parents and brings her fiancé to meet them. After an elaborate dinner, the mother tells her husband to find out about the young man. The father invites the fiancé to his library for a drink. “So what are your plans?” the father asks the young man. “I am a Torah scholar,” he says. “Hmmm,” the father says. “Admirable, but what will you do to provide a nice house for my daughter to live in, as she is accustomed to?” “I will study,” the young man said, “and God would provide for us.” “And how will you buy her a beautiful engagement ring, such as she deserves?” asked the father. “I will concentrate on my studies,” the young man replies. “God will provide for us.” “And children?” asks the father. “How will you support children?” “Don’t worry, sir, God will provide,” replies the fiancé. The conversation continues like this, and each time the father questions, the young idealist insists that God will provide. Later, the mother asks, “How did it go, Honey?” The father answers, “He has no job and no plans, but the good news is he thinks I’m God.”

Members can change their form of payments from dues deduction to automatic bank draft. It’s a simple two step process to switch. The appropriate form(s) are below. Please complete and return to the Florida PBA. Remember, in accordance with Chapter 447.303, Florida Statutes, you must also submit a written request to your employer to cancel payroll deduction. Please sign and date the bottom of the Request To Cancel Dues Checkoff Authorization/Payroll Deduction Form on the back, return it along with your bank draft form, and PBA will handle your request accordingly, including sending the cancellation request to your employer. If you have any questions, please do not hesitate to call us at 1-800-733-3722!

Simply complete the form(s) below and mail to:
Florida Police Benevolent Association, Membership Department, 300 E. Brevard St., Tallahassee, FL 32301 NOTE: TO ENSURE PROPER BANK CODING, PLEASE ATTACH A VOIDED BLANK CHECK.
Enter your ACH Bank Routing Code and Bank Account Number from the bottom of your check (as shown here) on the Bank Draft Authorization Card below.

. .

ACH Routing Code

. .

Bank Account Number





I authorize Florida Police Benevolent Association, Inc. to begin making monthly deductions from my checking account for payment of my membership dues and the financial institution named below to initiate entries to my checking account on the fifth of each month. This authority will remain in effect until I notify you in writing to cancel it in such time as to afford the financial institution a reasonable opportunity to act on it. I can stop payment of any entry by notifying my financial institution three days before my account is charged. I am attaching a voided blank check for verification purposes.


ACH Routing Code:

Bank Account Number:




The Boyfriend
One night a teenage girl brought her new boyfriend home to meet her parents, and they were appalled by his appearance: leather jacket, motorcycle boots, tattoos and more piercings than they wanted to count. Later, the parents pulled their daughter aside and confessed their concern. “Dear,” said the mother diplomatically, “he doesn’t seem very nice.” “Oh please, Mom,” replied the daughter. “If he wasn’t nice, why would he be doing 500 hours of community service?”










Fill out the form below if you currently have payroll deduction for your membership dues.

Request To Cancel Dues Checkoff Authorization/Payroll Deduction
Effective immediately, please cancel my payroll deduction to the Florida Police Benevolent Assn.
Member Name
(Please print):_______________________________________

Social Security Number: __________________

Agency:__________________________________________ Division:__________________________________________ People’s First ID Number (if applicable): __________________________________________________________________ Member Signature:_________________________________________ Date Signed: ______________________________


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