Law Enforcement 1 Running head: LAW ENFORCEMENT WORK GROUP Governor Elect Rick Scott s Law and Order Transition Team Law Enforcement Work Group An Examination: The Florida Department of Law Enforcement (FDLE) The Department of Environmental Protections (DEP) The Division of Alcoholic Beverages and Tobacco (ABT) Law and Order Transition Team Chairman Bob White, Sheriff of Pasco County Law Enforcement Work Group Members Jim Coats, Sheriff of Pinellas County Angela B. Corey, State Attorney for the Fourth Judicial Circuit Dr. Kathleen Kiernan Dr. Jeffrey Harrington, New Port Richey Chief of Police 12/16/2010
Law Enforcement 2 Table of Contents Executive summary 3 A macro review of state law enforcement 6 Proposal for FDLE, DEP and ABT 9 ABT review 12 DEP review 14 FDLE review 16 List of Tables ABT organizational chart 19 DEP organizational chart 21 FDLE organizational chart 25 Department of Public Safety (DPS) organizational chart 26
Law Enforcement 3 Executive Summary Overview State law enforcement in Florida has historically been accomplished through a number of different law enforcement agencies that focus very narrowly on a specific type of enforcement activity. According to the latest Criminal Justice Agency Profile (CJAP) report published by the Florida Department of Law Enforcement (FDLE), there are 36 separate and distinct law enforcement agencies that receive their primary funding from the State of Florida. The various agencies have a total sworn population of 4,364 (FDLE CJAP, 2009). Background FDLE s primary mission is to help solve and prevent crime in Florida. As authorized by 943.03, F.S., the department provides assistance to over 500 federal, state, and local criminal justice agencies. The recommendations of this work group are consistent with this mission and the statutory authority. Project Approach The law enforcement work group consists of four professionals with experience in law enforcement, organizational analysis, and performance improvement in public sector organizations. Governor Elect Rick Scott s Law Enforcement transition work group is responsible for performing an independent assessment to review law enforcement activities within the Florida Department of Law Enforcement (FDLE), the Division of Alcoholic Beverages and Tobacco (ABT), and the Department of Environmental Protection (DEP). The goal is to optimize performance, improve quality, promote the effective and efficient use of resources, and assist in the identification of future resource needs as well as identifying ways to reduce costs and maximize law enforcement service delivery. The work group collected the data for this project by conducting interviews with members of the top management teams for the various law enforcement agencies. The work group asked each of the Chief Executives of the organization for information that depicted organizational structure, budget, and personnel allocations. The group also asked for answers to questions posed in the transition team assessment templates. In addition, visits to the FDLE and ABT headquarters in Tallahassee were conducted to speak with staff and view facilities. Interview findings were supported by collection and analysis of the data provided to the work group and further supplemented by comparative data that were obtained from other states.
Law Enforcement 4 Organizing state law enforcement The work group is of the position that the current model of law enforcement lacks cohesion and in the current environment it is appropriate to restructure law enforcement in Florida in fundamental ways that call for a complete paradigm shift in state delivery of law enforcement. State law enforcement operations in Florida are fragmented across 36 different agencies and are hampered by bureaucratic complexity and redundancy across the various agencies performing law enforcement functions independently of one another. This discontinuity creates inefficient chains of command that hamper decision making and information sharing. In the current state law enforcement model, information capacities and capabilities are scattered throughout the agencies. Such a service delivery model is inherently incapable of optimal effectiveness and efficiency. Key recommendations Combine the investigative functions of the FDLE, ABT, and DEP under the overall authority of the FDLE In this re organization, the FDLE regional/area of operation approach to service delivery would include the specialized services provided by DEP and ABT Conduct a management assessment to re define roles and responsibilities In areas where local capacity and capability are sufficient, the FDLE can re allocate resources to meet the needs of agencies requiring support Implement cohesive and consolidated information and communication systems Create a comprehensive and realistic pay plan that replaces the current broad band system Create accurate and appropriate job descriptions for the consolidated FDLE Create and update career paths for both sworn and non sworn personnel Create flexible resource planning, allocation, and deployment models for all divisions Create a comprehensive human resource/business function that takes full advantage of economies of scale in purchasing Manage organizational change after the consolidation Enhance business processes by improving linkage in: o Expenditures, logistics, purchasing, and strategy o New programs and performance measures o Current state budget conditions and strategic budgeting issues o The finance function and strategic planning o Investments and outcomes for capital spending, training, or new programs
Law Enforcement 5 Further recommendations The law enforcement work group of the Law and Order Transition Team was tasked with evaluating the FDLE, the ABT, and the DEP in terms of opportunities to gain efficiency and cut cost. The basic theory behind the recommendations of the work group can be extended to all of law enforcement in the state of Florida. Using the same theoretical approach, the state of Florida could experience enhanced service delivery and cost savings through economies of scope and scale by moving to a Department of Public Safety (DPS) model of state law enforcement delivery. Such models can be found in Texas, Alabama, and Georgia. In a DPS model of law enforcement service delivery, all state functions (with the possible exception of FWC which is discussed in the Florida Constitution) would fall under a single Director of the DPS. The Florida Department of Public Safety would consist of two divisions. One of the divisions would assume oversight of all investigative activities in the state. This would be an enhanced version of the FDLE. The second division would consist of a patrol function and would consist of all uniformed law enforcement personnel (to include the Capital Police that would be moved in the re organization). By moving to a DPS model of state law enforcement, we would consolidate the various disparate agencies under one entity. The current geographical areas of operation currently used by the FDLE would serve as the template for the geographic approach to state law enforcement. Once the DPS is created, management assessments would be necessary to further define organizational focus and mission. At this point, the top management team and the elected leadership would develop policy guidance in respect to the levels of service that are required for state law enforcement. The creation of a DPS would streamline the bureaucratic nature of our current service delivery model while providing for more operational personnel and by theoretically cutting costs by re allocating managers within the newly created department and taking advantage of economies of scope and scale.
Law Enforcement 6 Law and Order Transition Team POLICY GROUP TEMPLATE Name of Department: A macro review of state law enforcement Approach The work group collected the data for this project by conducting interviews with members of the top management teams for the various law enforcement agencies. The work group asked each of the Chief Executives of the organization for information that depicted organizational structure, budget, and personnel allocations. The group also asked for answers to questions posed in the transition team assessment templates. Interview findings were supported by collection and analysis of the data provided to the work group and further supplemented by comparative data that was obtained from other states. Proposal The current model of Florida law enforcement recognizes the constitutional role of the various Sheriffs as the Chief Law Enforcement Officer of their respective counties. This proposal does not contemplate any change to that position. This proposal seeks to assess state law enforcement in Florida and to make recommendations to improve service delivery, explore cost saving opportunities, and to support local efforts. The proposal is beyond the scope of the original review. It takes a macro view of state law enforcement. State law enforcement in Florida is fractured and lacks cohesion. There are currently 36 separate law enforcement agencies that receive their primary funding through the state. The officer population of those agencies is 4,364 (CJAP 2008/2009). The range of sworn personnel in those agencies is 1 1572. The average number of sworn personnel in those agencies is 121.22 (CJAP 2008/2009). The law enforcement work group recommends consolidating state law enforcement functions into a Department of Public Safety model consistent with Texas, Georgia, and Alabama. In such a model, state law enforcement functions would fall under the authority of a single Director or Commissioner of Public Safety. The organization would consist of two separate sub units. One sub unit would consist of all investigative functions. The second sub unit would consist of all uniform patrol personnel. The FDLE currently employs a regional approach to service delivery. As such, the framework is currently in existence. State law enforcement would benefit from economies of scale, economies of scope, clarity of mission and function, and the budgeting process would be streamlined.
Law Enforcement 7 Three Key Elements of Proposal Cost savings are achieved through economies of scope and scale Consolidation combines similar services and eliminates redundancy Clarity of mission creates greater organizational effectiveness, efficiency, and improved service delivery Fiscal Impact Cost savings through economies of scope and scale o Human resources o Purchasing o Sharing infrastructure and faculties o Information technology o Data sharing o More efficient and effective business practices Cost savings by merging and consolidating management and supervision o Elimination of redundant functions o Elimination of bureaucracy spanning multiple agencies o The creation of a new leadership framework to enhance decision making Operational Impact Clarity of mission is defined by one top management team Manpower allocation would have to be reviewed The process requires restructuring the agency to better align with organizational functions Elimination of cumbersome chains of command across organizations o Creates an opportunity to streamline management o Creates an opportunity to deploy more operational personnel Enhanced communication across the entire spectrum of state law enforcement Improved morale among the employees due to potential career patching diversity Legislative Requirements The FWC is discussed in the Florida Constitution. Re organization may require legislative review and or action. The legislature may have to take action regarding mandates for particular agencies in respect to funding and mission. Legislative Opposition The current state model of law enforcement service delivery has been in existence for a significant period of time. Legislators may have philosophical opposition to a consolidation of state police service. Constituents of the various legislators may raise their opposition to such a paradigm shift in service delivery.
Law Enforcement 8 Pros: Business integration Vertical integration The potential to have significant cost savings Clarity of the state law enforcement mission and focus Enhanced service delivery by creating an agency with greater capacity and capability than the current model allows Increased efficiency Cons: Legislative reluctance to accept a new model of service delivery Organizational conflict upon the creation of the new agency o Organizational change must be managed and supported o Organizational change must be institutionalized Hidden cost or liabilities Future Research A fundamental change to the current model of state law enforcement delivery will require buy in from a number of different stakeholders. It would be beneficial to further explore the opportunities associated with merging or consolidating state law enforcement with key players in the process. Prior to implementation, financial and legal due diligence as well as a management assessment would be appropriate to determine alignment with gubernatorial vision, goal, and objectives. Once the benefits and costs can be fully vetted, other state models can be examined in terms of how well they apply to the State of Florida.
Law Enforcement 9 Law and Order Transition Team POLICY GROUP TEMPLATE Name of Department(s): Florida Department of Law Enforcement (FDLE) Department of Environmental Protection (DEP) Alcoholic Beverages and Tobacco (ABT) Proposal The current model of Florida law enforcement recognizes the constitutional role of the various Sheriffs as the Chief Law Enforcement Officer of their respective counties. This proposal does not contemplate any change in that position. This proposal seeks to assess state law enforcement in Florida and to make recommendations to improve the service, explore cost saving opportunities, and to support local efforts. The law enforcement work group was given the task of reviewing the FDLE, ABT, and DEP (law enforcement) to evaluate law enforcement service delivery and to identify opportunities to cut costs. The work group recommends consolidating the law enforcement functions of ABT and the DEP under the FDLE. The FDLE currently employs a regional approach to service delivery. As such, a framework to assimilate the investigative functions is currently in existence. The consolidated agency would benefit from economies of scale, economies of scope, clarity of mission, and function. In addition, the budgeting process would be streamlined. The regulatory functions would remain with the former organizations. Three Key Elements of Proposal Cost savings are achieved through economies of scope and scale Consolidation combines similar services and eliminates redundancy Clarity of mission creates greater organizational effectiveness, efficiency and improved service delivery Fiscal Impact Cost savings through economies of scope and scale o Human resources o Purchasing o Sharing infrastructure and faculties o Information technology o Data sharing o More efficient and effective business practices Cost savings by merging and consolidating management and supervision o Elimination of redundant functions
Law Enforcement 10 Operational Impact o Elimination of bureaucracy spanning multiple agencies o The creation of a new leadership framework to enhance decision making Clarity of mission is defined by one top management team Manpower allocation would have to be reviewed The process requires restructuring the agency to better align with organizational functions Elimination of cumbersome chains of command across organizations o Creates an opportunity to streamline management o Creates an opportunity to deploy more operational personnel Enhanced communication Improved morale among the employees due to potential career patching diversity A merging of lab capabilities Legislative Requirements Re organization may require legislative review and or action. The legislature may have to take action regarding mandates for particular agencies in respect to funding and mission. Legislative Opposition The current state model of law enforcement service delivery has been in existence for a significant period of time. Legislators may have philosophical opposition to a consolidation of state police service. Constituents of the various legislators may raise their opposition to such a paradigm shift in service delivery. Pros Business integration Vertical integration The potential to have significant cost savings Clarity of mission and focus Enhanced service delivery by creating an agency with greater capacity and capability than the current model allows Increased efficiency Cons Legislative reluctance to accept a new model of service delivery Organizational conflict upon the creation of the new agency Hidden cost or liabilities
Law Enforcement 11 Future Research A fundamental change to the current model of state law enforcement delivery will require buy in from a number of different stakeholders. It would be beneficial to further explore the opportunities associated with merging or consolidating state law enforcement with key players in the process. Prior to implementation, financial and legal due diligence as well as a management assessment would be appropriate to determine alignment with gubernatorial vision, goals, and objectives. Once the benefits and costs can be fully vetted, other state models can be examined in terms of how well they apply to the State of Florida.
Law Enforcement 12 Law and Order Transition Team DEPARTMENT REVIEW TEMPLATE Name of Department: Division of Alcoholic Beverages and Tobacco (ABT) Overview 2010 2011 Department budget 2010 2011 Division budget Enforcement $16,026,645 Licensing $ 4,237,619 Tax $ 6,515,375 total $26,779,639 (operating budget) $1,626,565,524 (non operating budget) is composed of AB&T Trust Fund (TF), Tax Collection (TF) and Federal Equity (TF) A Listing each Division of the Department: 4 units within the above 3 budget entities The Director s Office The Bureau of Law Enforcement The Bureau of Licensing Tax Collection Total personnel: Sworn Non sworn Enforcement 156 34.75 Licensing 63 Tax 87 Total 156 184.75 340.75 Total number of physical offices and locations by city: 13 offices located within 3 regions North Florida (5) Central Florida (4) South Florida (4) Tallahassee Orlando West Palm Beach Pensacola Tampa Margate Panama City Daytona Beach Miami (Doral) Gainesville Ft. Pierce Ft. Myers Jacksonville
Law Enforcement 13 Department summary: ABT is responsible for licensing and regulating the sale of alcoholic beverages and tobacco within Florida and investigating the crimes associated with the above. ABT is part of the Florida Department of Business and Professional Regulation. Director s Office Provides division wide management Budgetary oversight Represents Division in administrative hearings and license discipline/denial cases The Bureau of Law Enforcement Investigative and enforcement actions against alcohol and tobacco license violators The Bureau of Licensing Reviews license applications before issuing/maintains licenses and permits Tax Collection Reviews product movement reports Conducts Tax Audits Prepares revenues for distributions Overlapping duties with other agencies: Criminal investigations within concurrent jurisdictions and with mutual aid agreements Private sector overlap: (none identified) Short term issues: Maintaining staffing levels and replacing vehicle fleet Long term issues: Reducing staff turnover and replacing vehicle fleet
Law Enforcement 14 Law and Order Transition Team DEPARTMENT REVIEW TEMPLATE Name of Department: Department of Environmental Protection (DEP) Law Enforcement Division Overview 2010 2011 Department budget $1,487,586,014 2010 2011 Division budget $ 28,333,218 List each Division of the Department: 1 Director s Office 2 Bureau of Park Police (BPP) 3 Criminal Investigations Bureau (CIB) 4 Bureau of Emergency Response (BER) 5 Training Center 6 Bureau of Operational Support and Planning (BOSP) Total personnel (include organizational charts for the Department and each Division) SWORN NON SWORN TOTAL 1 2 5 7 2 87 3 90 3 43 1 44 4 28 28 5 5 1 6 6 6.5 6.5 181.5 Total number of physical offices and locations by city: 16 District offices and 160 State Parks REGULATORY (11 offices in 6 Districts) NW District 3 Pensacola Panama City Tallahassee NE District Jacksonville Central District Panama City SW District Temple Terrace South District 3 Ft. Myers STATE PARKS (5 District offices) NW District Panama City NE District Gainesville Central District Apopka SW District Osprey
Law Enforcement 15 Sebring Marathon SE District 2 West Palm Port St. Lucie SE District Hobe Sound Department summary: The DEP Division of Law Enforcement pursues violations of Florida s environmental laws and regulations while providing public safety services within DEP managed properties as well as responding to HAZMAT incidents. The roles of the 5 Bureaus of the Division are: Bureau of Park Police Serve as Law enforcement/public safety officers for all DEP managed properties to include State Parks, Greenways, Trails, Coastal and Aquatic Managed Areas and State Lands Bureau of Criminal Investigations Enforces violations of the state s air, drinking water and natural resource laws, aids the BPP in criminal investigations Bureau of Emergency Response Coordinates the Division s HAZMAT response and supports the State Emergency Operations Center (EOC) Bureau of Operational Support and Planning Handles the Division s budget and purchasing Office of Training and Professional Standards Maintains the Division s training, office inspections and accreditation Overlapping duties with other agencies: Enforcement of Florida State Statutes in concurrent jurisdictions with mutual aid agreements Private sector overlap: Physical security roles on managed lands Short term issues: Providing and maintaining basic service levels Long term issues: Providing and maintaining basic service levels
Law Enforcement 16 Law and Order Transition Team DEPARTMENT REVIEW TEMPLATE Name of Department : FLORIDA DEPARTMENT OF LAW ENFORCEMENT (FDLE) Overview 2010 2011 Department budget General Revenue Trust Fund Total Total operating appropriation $88,891,786 267,189,655 356,081,441 Non FDLE (pass through) (232,461) (146,856,577) (147,089,038) Total $88,659,325 120,333,078 208,992,403 2010 2011 Division budget (N/A) Division Personnel Sworn Non Sworn Total Executive Direction and Business Support Program 4 28.5 32.5 Criminal Investigations and Forensic Science Program 346 680 1,026 Criminal Justice Information Program 3 394 397 Criminal Justice Professionalism 5 90.5 95.5 Florida Capitol Police 81 24 105 Total personnel: See above Total number of physical offices and locations by city: Pensacola Tallahassee Jacksonville Orlando Tampa Ft. Myers Miami Department summary: The FDLE is the lead criminal investigative agency for the state and provides security for the Capital, the Governor s Mansion, and his immediate family. FDLE establishes and monitors training and certification standards for law enforcement officers. FDLE provides support to state and local Law Enforcement Agencies (LEA)
Law Enforcement 17 through its agents, the FDLE Crime Lab and the Florida Crime Information Center (FCIC). Executive Direction and Business Support Program: Manages the agency and includes the Inspector General, Legislative Affairs, External Affairs, Executive Investigations and General Counsel, General Services, Finance and Accounting, Human Resources as well as Budget and Criminal Justice Grants. Criminal Investigations and Forensic Science Program: Provides investigative and forensic services to other state and local agencies through: Crime Lab Services Investigative Services Statewide Intelligence and Domestic Security (Program Office) Public Assistance Fraud Services Criminal Justice Information Program: Is the central repository of criminal justice information in state databases which are accessible to all criminal justice agencies through: Prevention and Crime Information Services Network Services Criminal Justice Professionalism: Establishes training and ensures standards for all Florida Law Enforcement Officers are met through the CJSTC and by coordinating disciplinary actions. Divided into: Standards and Compliance Training and Certification Florida Capitol Police: provide public safety and security services for the Capitol Complex, the Mansion and surrounding grounds, along with the Governor and their immediate family. Comprised of: Operations Unit Special Operations Unit Protective Operations Section Overlapping duties with other agencies: Investigative duties within concurrent jurisdictions with mutual aid agreements. Forensic services provided by Sheriff s offices and police departments Identify private sector overlap for areas under review: Physical security services to buildings and structures
Law Enforcement 18 Short term issues: Expanding and Implementing Programs o Expanding DNA Database to Include Felonies o Launching New Domestic Security Awareness Campaign o Implementing the Florida Methamphetamine Precursor Electronic Monitoring System o Transition to an Online Officer Certification Exam o Transition to a Standardized Online Basic Abilities Test Ensuring the Security of Florida s Seaports Long term issues: Budgetary issues based on a decline in revenue to the states CJSTC Trust Fund which projects a zero cash balance at the end of FY 11 12. Securing exemption from legislation requiring consolidation of selected data centers scheduled to take effect 06/30/2013. Extending the Florida Law Enforcement exchange (FLEX) program from the three regions not currently sharing the data.
Law Enforcement 19 Division of Alcoholic Beverages and Tobacco Organizational Chart Director s Office Detail
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