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WRAP UP
Public Safety Legislation 2004:
What You Need to Know

While many people think of a Sheriff's job as focused strictly on enforcing the law, the truth is that they need to be involved at more of the grassroots level – at the actual creation and modification of Florida law.
In effect, Sheriffs are in charge of policing legislation to assure that the laws being considered are good ones and truly have the citizens' best interest in mind as it relates to public safety.

For this reason, the Florida Sheriffs Association's Legislative Committee crafts a legislative agenda in the fall, through counsel provided by governmental consultant Frank Messersmith, then refines it at the Winter conference before the session begins.

During the three month session, Sheriffs take turns visiting with lawmakers in Tallahassee at critical times of the lawmaking process.
Some sessions are less active than others. But very often the Sheriffs are put on the hot seat of an issue with significant repercussions. Examples include Florida's 85-percent rule that assures prisoners serve at least 85-percent of their sentence; and 10-20-Life, which assigned stiffer penalties for those who use a gun in the commission of their crime.

Both of these laws have been hailed as significantly reducing crime in our state.

2004 in review
This past legislative session was one of the more active ones, primarily due to Baker Act Reform (see related article). Because Sheriffs' Offices oversee most of the county jails in the state, they have been affected by the number of mentally ill who are no longer required to be hospitalized in institutions. Instead, these individuals often end up in county jails after harming, and in some instances, killing family members and law enforcement officers.

Baker Act Reform was one of the five priority areas that FSA focused on initially, but its agenda grew to encompass over 30 issues before the closing gavel sounded in Florida's Capital City.

We've provided a summary of FSA priorities and the other issues with which the FSA was directly involved in various degrees in the 2004 session. While this is not a comprehensive list of all the legislation, it's a good guideline of legislation filed or passed that would have had an effect on a Sheriffs Office and public safety in Florida.

Priorities

Baker Act Reform. Following over three years of effort, particularly on the part of Sheriff Don Eslinger, the Baker Act was amended this year with SB 700 filed by Sen. Durell Peaden and Rep. David Simmons.
Florida law now provides the opportunity to remove recidivists from the endless cycle of street, jail, hospital, and back to the street. Along the way, this new law will also reduce the violence, incarceration and hospitalization that have been of such a concern to the Sheriffs.

It was a long-fought victory for the Sheriffs and we expect to see a significant reduction in crime related to those suffering from mental illness.

Pursuit Legislation. This legislation, HB 295 by Rep. Pat Patterson and Sen. Evelyn Lynn, initiated by Sheriff Ben Johnson, is an attempt to address the growing problem of drivers who knowingly attempt to elude law enforcement. The new legislation contains increased penalties and mandatory jail time for someone who drives in a reckless and wanton manner that results in death or injuries to an innocent third party or a law enforcement officer.

FSA has been working on legislation related to this issue for two years in an attempt to reduce to growing litigation emanating from pursuit situations and we have high expectations that this law will have far-reaching implications.

Cargo Theft. Another long battle by the Florida Sheriffs. This legislation was an outgrowth an FSA Task Force headed by Marion County Sheriff Ed Dean, and the bill increases the penalty for those who steal tractor-trailers and the cargo contained in those vehicles.

Determined to be a homeland security issue, lawmakers amended it into HB 599 on the final day of session. The original bills were HB 177 by Rep. Larry Cretul and SB 138 by Sen. Evelyn Lynn.

Miccosukee Indians. Again, the Miccosukee Indians were defeated in their effort to repeal all of Florida civil and criminal law on their reservations.

The Miccosukee Tribe continues to spread its growing political influence and is working to provide the right opportunity to pass this legislation. Their reported tactics include targeting legislators who support the Sheriffs, States Attorneys, FDLE and the Governor for defeat in the coming election, in order to "send a message" to other legislators who might oppose them.

DJJ Budget Issues. For the second year in a row, the FSA opposed the effort by the Governor’s Office and the Department of Juvenile Justice to cut the funding for juvenile facilities for pretrial juveniles in custody. Unfortunately, the language passed this year. The purpose for the change is to make the juvenile system emulate the felony process in which pretrial detainees are the responsibilities of the county governments.

For counties that meet the statutory definition of “small counties,” there was an effort to hold them harmless with special funding. Plus there was an additional $3.5 million for those counties that meet the legal definition of a “financially constrained” area.

Additional Issues

Article V; Court Restructuring. As a result of a constitutional amendment passed three years ago, the Legislature was required to pass implementing language for a new court system in which the state of Florida provided adequate and necessary resources to support the state court system. The implementing legislation was passed in the 2003 legislature and amended, significantly, in the 2004 legislature.

The FSA main concern with the wholesale change in the court system is the effect on the funding available to Sheriffs for Education and Training that formerly came from the Fines and Forfeiture Fund.

This year’s bill, SB 2962, eliminated the authorization of 318.18(11)(b) that authorized revenues from traffic infractions to be used for Criminal Justice Selection Centers – as those monies were redirected from the counties to the Clerk of the Circuit Court. However, the legislation creates an express authorization under 318.18 (11)(b) for an additional $3 court costs on traffic infractions in counties authorized to establish criminal justice selection centers pursuant to a previously enacted special act of the legislature. In effect, this grandfathered in Alachua, Bay, Brevard and Pinellas counties.

Additionally, the new legislation let stand Sections 318.18 (11) and 938.15 that provide for an additional $2 court costs on traffic violations for counties and municipalities to fund criminal justice education degree programs and training course. Some local governments were also supplementing law enforcement education and training with a portion of their 56.4 percent allocation from the $2 court costs. In the 2003 session, the Legislature redirected all of the 56.4 percent allocation to the Clerks of the Circuit Court. Therefore, the new legislation creates a new $2.50 additional court costs on traffic violations in 318.18 (11)(c) as a new funding stream available to the counties to use for criminal justice education and training programs.

Gun Registration. The legislation requested by the National Rifle Association (NRA), HB 155 and SB 1152, caused a big stir in the session this year in the effort to eliminate the creation of lists of lawful gun owners who traded weapons through pawn shops or second hand dealers. The legislation language is causing confusion about the type of information that may be maintained in law enforcement records. Input regarding the intent of the legislation and testimony in the legislative process is being collected to assist in clarifying before future sessions.

Environmental Clean Up of Gun Ranges. The NRA also had this legislation filed to nullify litigation and regulations the state of Florida has filed against a gun range in central Florida. The bill, SB 1156/ HB 149, was initially amended to contain a tax of $12 a year for each certified law enforcement officer that Sheriffs would have had to pay to clean up gun ranges around the state. The FSA opposed the legislation and ultimately prevailed when the entire bill was rewritten and all the tax and revenue proposals were eliminated. The bill that passed provides for the Department of Environmental Protection to establish some Best Management Practices for ranges, and allows the state to assist in the clean ups. There is also a limited liability included for ranges working to clean up their property.

Mandatory Recording of Interrogations. This legislative proposal, SB 1936 & HB 783, was filed at the request of the organization that represents Defense Attorneys. There was a concern expressed by the sponsors, however, that the Federal Judiciary may issue a ruling in the future that would cause problems if this issue were not addressed by the Legislature. Also, a study conducted by the Senate reflected satisfaction and support of such mandated recordings by several law enforcement agencies that had implemented such policies. The report, however, did not give much space to the comments of law enforcement officials opposed to such a mandate.

FSA and FDLE worked together to oppose this issue, along with support from the Florida Prosecuting Attorneys Association. The bill died in the first committees of reference in the session. However, in anticipation of future bills being filed, FSA will be workshopping the issue in gatherings of Florida Sheriffs.

Legal Fees for Officers. This is the third year for this legislation that began as a union issue, but became a bill rewritten by Sheriffs and their legal counsels. The legislation, HB 451 and SB 226, passed this year and still contains all the language and amendments written by the Sheriffs. The law requires the provision of legal services for an officer who, while responding to an emergency, life-endangering situation, is criminally charged after carrying out his duties as required by law, internal policy and any other applicable guidelines.

Habitual Misdemeanants. Jacksonville Sheriff John Rutherford brought this issue to the FSA last year, and the FSA supported his effort in the Legislature. The successfully passed legislation, SB 1376, provides for a habitual misdemeanant (5 arrests in one year) to be given a six-month sentence to provide opportunity for caregivers to get those persons into meaningful treatment modalities. The sentence may also be served from the person’s home instead of the county jail.

Internal Investigations. This legislation, HB 431 and SB 650, which would have provided that an accused officer may not be interviewed until all witnesses are interviewed, and that information is available to the accused, was filed for the unions and was opposed by FSA and FDLE. Legislators supported our effort and the bill failed.

Internal Investigations Time Line. A second bill by the unions, HB 597 and SB 1696, provided that an internal investigation must be initiated within 180 days of the alleged violation becoming known to proper authorities. FSA and FDLE again opposed the legislation and it failed.

Criminal Justice Standards and Training Commission. Legislation was filed in 2003 for the unions that completely disrupted the procedures and processes of the CJSTC. FSA objected strongly, and as a result, the sponsor, Sen. Rudy Garcia withdrew the bill and established a workgroup to examine the entire process. Therefore a bill was refilled this year, as approved by the committee of Sheriffs, Police Chiefs and union members. It changes the make-up of the CJSTC and modifies some of the internal procedures for case processing. Martin County Sheriff Bob Crowder sits on the CJSTC and approved of the changes.

Child Protective Investigations. A continuation of the issue from last year in which the Department of Children and Family Services continues to appeal to Sheriffs to assume the responsibility of child protective investigations in their respective counties. As last year, FSA's effort was to work with the Agency and the Governor to protect Sheriffs from being mandated to assume those responsibilities, and also to work with the legislature to provide funding for those Sheriffs who did want to assume the job.

Immigrant Driver’s Licenses. This issue, SB 1360, hit in the last two weeks of the session and caused a major blowout in the media. The Governor, as well as a number of Hispanic legislators, expressed concern about immigrants who are in the U.S. legally, as well as those who are not, and the safety and medical problems arising from the aliens driving on Florida roads without insurance or a drivers license.

The issue quickly became a homeland security issue for law enforcement and a number of Sheriffs expressed their concerns. Working with the Governor and Senate sponsors of legislation, a workshop was set up with Sheriffs and Sen. Rudy Garcia. Collier County Sheriff Don Hunter represented the interests of law enforcement as he explained the numerous concerns about a legitimate identification process.

The bill was withdrawn this session, but this is an issue that will be on the agenda again in 2005.

Electronic Monitoring. A continuing issue of interest to the Sheriffs, there were actually three sets of issues involved here. The first is an effort by the bondsman industry to allow for them to track their clients by electronic monitoring. The bill failed, and FSA was neutral on the issue.
The second issue involved the effort to provide for the Department of Corrections to monitor about 10,600 sex offenders with electronic monitoring at a cost of about $35 million. That issue also failed. FSA expressed general support for that issue in the past.

And finally, with the transfer of preadjudicated juveniles to the responsibility of the counties, the Governor vetoed an appropriation that eliminated the funding for home detention monitoring of juveniles. As of July, there were about 500 juvenile offenders who are not being monitored as they had in the past with the DJJ electronic monitoring.

Mandatory Patrol Car Defibrillators. Legislation filed to require the medical equipment to be in every patrol car did not move after FSA met with sponsors and leadership and explained the enormous costs of providing such systems. It was estimated to cost at least $57 million to equip the estimated 34,000 patrol cars with the devices.

Seized Vehicle Restrictions. Following reported abuse of confiscated vehicles by a law enforcement officer, legislation, SB 94, was filed to control who and how such confiscated equipment could be used. The FSA involved itself to provide for fair and proper utilization, and also to be sure they would continue to have the flexibility to donate such vehicle to worthy causes. The legislation failed.

Ticket Scalping. Early in the session, legislation (SB 1108 and HB 339) was filed to provide that mass distributors of tickets to entertainment functions, who used computers and credit cards to protect their purchases, could charge more than the present statutory amount when they “resell” tickets. FSA was involved and worked to determine if there was any interest or concerns about organized crime involvement in the issue. The issue died.

Consolidation of State Law Enforcement Agencies. Again this year, legislation was filed to consolidate all state agency law enforcement divisions into one statewide law enforcement operation headed by the FDLE. FSA and the FDLE opposed this as well as most involved agencies. The legislation did not have a Senate companion and died in session.

Frivolous Lawsuits by Prisoners. This legislation, SB 1596/HB 1153, passed and is an effort to provide recourse against inmates who file frivolous lawsuits or malicious criminal proceedings against Sheriffs or corrections or other law enforcement personnel. The legislation that FSA supported provides for the court hearing the charges to send a letter to the proper authority for disciplinary procedures as set up in Department of Corrections rules.

UPCOMING LEGISLATION

FSA Sets its 2005 Legislative Agenda

The Florida Sheriffs Association met in September in Ocala for its annual Legislative Issues Forum to discuss and determine issues that it may seek to support or to oppose in the 2005 legislative session.

In these forums, participating Sheriffs propose issues of interest to them, and listen to issues that are pending within the legislative process. At the end of the forum, Sheriffs then prioritize their list of issues for the session.

This year the FSA has established the following priorities:

* Support an amendment to FSA legislation passed last year relative to law enforcement pursuits. The amendment will provide – for safety concerns – the opportunity for a person being pursued by an unmarked law enforcement vehicle to proceed in an orderly fashion to a lit and populated area before stopping.

* Support the Florida Police Chief's Association effort to provide enhanced penalties for criminals who use fake firearms to commit crimes in order to escape the 10-20-Life mandatory jail times.

* Initiate an effort to amend recently passed legislation dealing with maintaining firearms information that apparently causes problems in the utilization of Computer Aided Dispatch Systems.

* Request the Legislature to pass a resolution to the U.S. Congress to adopt a national strategy to combat Cargo Theft. Along the lines of the FSA-endorsed legislation that passed last year in Florida, this effort will seek similar support at the federal level.

* Continue to oppose the effort by the Miccosukee Indians to repeal all civil and criminal law on their reservation lands.

* Continue to oppose the effort to mandate that all interrogations be recorded. FSA President, Sheriff Bob Milner, has appointed a Committee to propose a model policy for the FSA to consider adopting regarding interrogations of suspects and prisoners.

Other issues were also discussed, and will be published in future editions of The Sheriff's Star as they develop.

For information on FSA's Legislative Agenda, please contact Mary Beth Pridgeon,