Legislation

Florida Sheriffs Association Legislative Preview 2010

By Frank Messersmith

FSA Governmental Consultant

The 2010 legislative sessions promises to be a busy one for your Florida Sheriffs. We are already tracking hundreds of bills that may, in some way, affect public safety and criminal justice. Many of the proposals would strengthen law enforcement and provide needed changes or improvements, but others could be problematic. The Florida Sheriffs Association will maintain a high profile among lawmakers to assure legislation that effectively and efficiently protects our citizens and their property.

Following are highlights of some of the issues that are a prime focus to Sheriffs for passage and for opposing this session.

IMPASSE ISSUE - FSA actively supports legislation amending the definition of the "Legislative Body" in F.S. 447.403 (10) to explicitly state that all the Constitutional Officers are the "legislative body" for their respective offices. Legislation: SB 610, filed by Senator Mike Fasano on 11/04/09, and HB 417, filed by Representative Allan Hays on 11/30/09.
MEDICAL EXPENSE CAP - FSA actively supports changes in Florida law that will require that taxpayers' monies used for payments to a medical provider on behalf of an inmate or arrested person are to be capped at the state's Medicaid rate. Legislation: SB 218, filed by Senator Dennis Jones on 10/05/09, and HB 319, filed by Representative Ed Hooper on 11/06/09.
BUDGET ISSUES
Restoration of Florida Crime Stoppers Program Funding. FSA has long supported the operation of the Florida Crime Stoppers Program Crime. Last year the legislature reduced funding for this critical crime suppression program by $3.5 million. FSA is actively supporting the reinstatement of the funds in the FY2010-2011 year budget.

Juvenile Assessment Center. FSA opposes any further reductions in the funding of the JACs operated around the state by the Florida Department of Juvenile Justice. In the past, funding has been reduced to the point that centers have been closed, creating logistical problems for Sheriffs and Police and reducing their ability to provide critical law enforcement services to their community. JAC facilities are the keystone to divert juveniles away from crime.

Hold Public Safety Harmless from Budget Cuts. FSA supports efforts to hold public safety harmless in further budget cuts, including the budgets of prosecutors and the Florida Department of Law Enforcement.

School Crossing Safety. FSA supports efforts to reinstate a $4 penalty on traffic citations to be used to pay for school crossing guards.

SUPPORT ISSUESRed Light Cameras. FSA supports Mark Wandall Traffic Safety Act, which allows cities and counties to enact an ordinance to use traffic infraction detectors to identify motor vehicles that fail to stop at a red light. This saves lives and catastrophic injuries. The ordinance will provide that the registered owner of the vehicle involved in the violation will be responsible and liable for payment of fine assessed. Legislation: HB 325, filed by Representative Ron Reagan on 11/06/09, and SB 294, filed by Senator Mike Bennett on 10/05/09.
Pre-Trial Proceedings. FSA support legislation that would give Judges the authority to hold probationer up to 10 days without bail to await the outcome of a violation hearing. Legislation: HB 89, filed by Representative Nick Thompson on 10/01/09, and SB 300, filed by Senator Mike Bennett on 10/05/09.
Sexual Predators. FSA supports legislation that would establish uniform regulations regarding the distance a sexual offender can live from specified locations where children are known to frequent ( schools, daycare, playgrounds, etc.,). Legislation: HB 119, filed by Representative Rich Glorioso on 10/12/09.
Disability Retirement. FSA support legislation that will allow certain members of the Special Risk Class who retired under a medical disability to be reemployed and still receive their retirement benefits. Legislation: SB 162, filed by Senator Carey Baker on 10/05/09.
Transfer of Adult Abuse Hotline Calls. FSA supports the Department of Children and Family Services legislation to transfer "non-caregiver" calls from the Adult Abuse Hotline to local law enforcement. Legislation: HB 91, filed by Representative John Wood on 09/01/09, and SB 336, filed by Senator Rhonda Storms on 11/15/09.
Federal Hatch Act Resolution. FSA supports efforts for a Legislative Resolution recognizing that Sheriffs and all constitutional officers are not Executive Officers of the State. Legislation: HB 515, filed by Representative Ken Roberson on 12/17/09, and SB 964, filed by Senator Nancy Detert, on 12/15/09.
Internet Notice of Forfeiture. FSA supports the efforts of DHSMV to allow Forfeiture Act notices to be published on the internet as well as newspapers. Legislation: SB 376, filed by Senator Charles Dean on 10/09/09.
Licensing of Pilots. FSA supports efforts to require all pilots to be licensed similar to the FAA requirements.

Adam Pearce Act. FSA supports passage of the Adam Pearce Act to provide benefits for catastrophically injured law enforcement officers.

OPPOSE ISSUESExpansion of Gambling. FSA opposes the expansion of casino gambling in the State of Florida. Specifically, Sheriffs are concerned with expansion in the following areas: 1) Seminole Compact beyond Broward and Dade Counties, 2) Pari-Mutual Expansion and 3) Internet Gambling via Sweepstakes.

Sheriffs Budget Issue. FSA opposes effort to micro manage budget process between Sheriffs and County Commissions. Legislation: SB 690, filed by Senator Charles Dean on 11/10/09.
Early Release of Elderly Inmates. FSA opposes legislation designed to release offenders early based on their attaining the age of 50 in order to save money. Legislation: SB 484, filed by Representative Chris Smith on 10/20/09.
Retrocession. FSA opposes efforts to repeal all Florida Laws on the Miccosukee Indian land.

Expungement of Criminal Records. FSA opposes legislation creating an automatic expungement of criminal records. Legislation: HB 541, filed by Representative Perry Thurston on 12/28/09.
Constitutional Independence. FSA opposes any effort to weaken the independence or management authority of the elected Office of Sheriff.

Mandatory Recording of Interrogations. FSA opposes legislation that would require interrogations to be recorded or the collected evidence becomes inadmissible.