PDF 2014 FLORIDA LAW ENFORCEMENT HANDBOOK - Miami-Dade

2014 FLORIDA LAW ENFORCEMENT HANDBOOK

Miami-Dade County Edition

MIAMI-DADE POLICE DEPARTMENT

J.D. PATTERSON DIRECTOR

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Fallen Officer Tribute Honoring Florida Law Enforcement Officers Killed in 2013

It was their duty to serve. It's ours to remember.

Sergeant Gary Morales St. Lucie County Sheriff 's Office, FL EOW: Thursday, February 28, 2013 Cause of Death: Gunfire

Master Deputy Sheriff Joseph "Shane" Robbins Polk County Sheriff 's Office, FL EOW: Friday, April 26, 2013 Cause of Death: Automobile accident

Sergeant Mike Wilson Charlotte County Sheriff 's Office, FL EOW: Monday, August 5, 2013 Cause of Death: Gunfire

Deputy Sheriff Daniel Rivera Broward County Sheriff 's Office, FL EOW: Saturday, September 21, 2013 Cause of Death: Automobile accident

K9 Koda Leon County Sheriff 's Office, FL EOW: Thursday, January 31, 2013 Cause of Death: Gunfire

K9 Gus Florida Fish and Wildlife Conservation Commission, FL EOW: Thursday, August 1, 2013 Cause of Death: Duty related illness

K9 Max Miami Gardens Police Department, FL EOW: Friday, September 13, 2013 Cause of Death: Accidental

Read more:

Introduction

On behalf of Miami-Dade County and the Miami-Dade Police Department. I am proud to introduce the 2014 edition of the Florida Law Enforcement Handbook. It is a compilation of the most frequently used laws. This handbook was first developed in 1975 by the Police Legal Bureau as a reference text for all law enforcement officers in the Department. In 1979, the handbook received a New County Achievement Award from the National Association of Counties and upon the publication of the 39th annual edition, it remains a great source of pride for the Miami-Dade Police Department. It is truly a pleasure to share this invaluable law enforcement tool with other Florida law enforcement agencies. Wishing you a safe and productive year.

J.D. Patterson, Director Miami-Dade Police Department October 2013

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Foreword

The 2014 Florida Law Enforcement Handbook contains a selection of procedural, substantive and traffic laws compiled and edited for Florida law enforcement officers, as well as a section of legal guidelines, written by police legal advisors. Included with your handbook is a CD containing the exact text of the handbook for electronic reference, and a 2014 Florida Traffic Reference Guide for use by officers enforcing Florida's traffic laws.

Please recognize that this book contains only selected statutes. It is not an exhaustive compilation of all the law. Although every effort has been made to ensure the accuracy and completeness of the law and guidelines contained herein, no express or implied guarantees, or warranties are made. The full text of the Florida Statutes can be viewed on the official website of the Florida Legislature at leg.state.fl.us. Similarly, the legal guidelines are just that ? guidelines ? based upon principles of statutory interpretation and case law. Whenever a procedural question arises regarding the application of a statute or the guidelines, officers are encouraged and reminded to reference their agencies' policies and procedures, and seek supervisory assistance and legal guidance when appropriate.

To further assist law enforcement officers, refer to the following new topics that have been added to the Legal Guidelines Section of this 2014 edition of the Florida Law Enforcement Handbook:

? Arrests ? general ? Court Orders ? DNA Samples Taken from Arrestees ? Dog Alerts ? Law Enforcement Officers' Personal Information ? Public Records ? Warrantless Search of Cell Phones Seized Incident to Arrest ? Sovereign Citizens

The following Miami-Dade County Ordinance Sections are added to the 2014 edition of the Florida Law Enforcement Handbook:

? Chapter 25 ? Aviation Department Rules and Regulations ? Article III. The Shannon Melendi Act:

Sec. 26-37. Definitions Sec. 26-38. Background checks required for child event workers, park vendors,

and programming partner or community-based organization (CBO) employees and volunteers. Sec. 26-39. Miami-Dade Park and Recreation Department employees and volunteers.

? Chapter 28A ? Seaport Security and Operations

Since the publication of the 2013 Florida Law Enforcement Handbook, there have been some significant changes made to the law. Please reference the list below for the new laws and those that have been amended.

?316.305 ?817.535

?817.5685

?828.1615 ?871.015 ?934.50

New Laws

Wireless communications devices; prohibition Unlawful filing of false documents or records against real or personal property Unlawful possession of the personal identification information of another person Prohibiting artificial coloring and sale of certain animals Unlawful protests Searches and seizure using a drone

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?39.201 ?39.205 ?95.18 ?119.071 ?316.003 ?316.0083 ?316.066 ?316.081 ?316.1937 ?316.2122 ?316.302 ?316.525 ?316.550 ?316.640 ?316.646 ?316.650 ?318.14 ?318.15 ?319.14

?319.30 ?320.01 ?320.0848

?322.04 ?322.212 ?322.25 ?322.2615 ?322.2616 ?322.27 ?322.28 ?322.64

?323.002 ?327.02 ?328.48 ?384.287 ?493.6120 ?538.09 ?538.23 ?538.25 ?538.26 ?539.001 ?562.07 ?775.21 ?775.261 ?784.07

?790.06

Amended Laws

Mandatory reports of child abuse, abandonment, or neglect; mandatory reports of death; central abuse hotline Penalties relating to reporting of child abuse, abandonment, or neglect Real property actions; adverse possession without color of title General exemptions from inspection or copying of public records Definitions Mark Wandall Traffic Safety Program; administration; report Written reports of crashes Driving on right side of roadway; exceptions Ignition interlock devices, requiring; unlawful acts Operation of a low-speed vehicle or mini truck on certain roadways Commercial motor vehicles; safety regulations; transporters and shippers of hazardous materials; enforcement Requirements for vehicles hauling loads Operations not in conformity with law; special permits Enforcement Security required; proof of security and display thereof Traffic citations Noncriminal traffic infractions; exception; procedures Failure to comply with civil penalty or to appear; penalty Sale of motor vehicles registered or used as taxicabs, police vehicles, lease vehicles, rebuilt vehicles, nonconforming vehicles, custom vehicles, or street rod vehicles; conversion of low-speed vehicles Definitions; dismantling, destruction, change of identity of motor vehicle or mobile home; salvage Definitions, general Persons who have disabilities; issuance of disabled parking permits; temporary permits; permits for certain providers of transportation services to persons who have disabilities Persons exempt from obtaining driver license Unauthorized possession of, and other unlawful acts in relation to, driver license or identification card When court to forward license to department and report convictions Suspension of license; right to review Suspension of license; persons under 21 years of age; right to review Authority of department to suspend or revoke driver license or identification card Period of suspension or revocation Holder of commercial driver license; persons operating a commercial motor vehicle; driving with unlawful blood-alcohol level; refusal to submit to breath, urine, or blood test County and municipal wrecker operator systems; penalties for operation outside of system Definitions Vessel registration, application, certificate, number, decal, duplicate certificate Screening for sexually transmissible disease Violations; penalty Registration Violations and penalties Registration Certain acts and practices prohibited The Florida Pawnbroking Act Illegal transportation of beverages The Florida Sexual Predators Act The Florida Career Offender Registration Act Assault or battery of law enforcement officers, firefighters, emergency medical care providers, public transit employees or agents, or other specified officers; reclassification of offenses; minimum sentences License to carry concealed weapon or firearm

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?790.22

?791.013 ?810.0975 ?812.14 ?817.034 ?817.234 ?828.12 ?837.05 ?847.012 ?849.04 ?849.16 ?849.161 ?874.05 ?877.08 ?893.02 ?893.03 ?893.05 ?893.13 ?893.135 ?893.147 ?895.02 ?896.101 ?901.02 ?918.16

?932.7055 ?933.07 ?934.03 ?937.021 ?937.028 ?985.11

Amended LAWS (continued)

Use of BB guns, air or gas-operated guns, or electric weapons or devices by minor under 16; limitation; possession of firearms by minor under 18 prohibited; penalties Testing and approval of sparklers; penalties School safety zones; definition; trespass prohibited; penalty Trespass and larceny with relation to utility fixtures; theft of utility services Florida Communications Fraud Act False and fraudulent insurance claims Cruelty to animals False reports to law enforcement authorities Harmful materials; sale or distribution to minors or using minors in production prohibited; penalty Permitting minors and persons under guardianship to gamble Machines or devices which come within provisions of law defined Amusement games or machines; when chapter inapplicable Causing, encouraging, soliciting, or recruiting criminal gang membership Coin-operated vending machines and parking meters; defined; prohibited acts, penalties Definitions Standards and schedules Practitioners and persons administering controlled substances in their absence Prohibited acts; penalties Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking Use, possession, manufacture, delivery, transportation, advertisement, or retail sale of drug paraphernalia Definitions Florida Money Laundering Act; definitions; penalties; injunctions; seizure warrants; immunity Issuance of arrest warrants Sex offenses; testimony of person under age 16 or who has an intellectual disability; testimony of victim; courtroom cleared; exceptions Disposition of liens and forfeited property Issuance of search warrants Interception and disclosure of wire, oral, or electronic communications prohibited Missing child and missing adult reports Fingerprints; missing persons Fingerprinting and photographing

Ivonne Duran Miami-Dade Police Department Contributing Editor ? 2014 Edition

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