The 2024 election cycle has been one for the books. The dust had only recently begun to settle as the political shuffling continued into the new year. Over the last two months, Florida’s influence at the both the state and federal level has grown exponentially. Former U.S. Senator Marco Rubio has officially been sworn in as America’s 72^nd secretary of state, leaving a vacant seat in the U.S. Senate to be filled by Florida’s “top cop,” former Attorney General Ashley Moody. U.S. Representative Mike Waltz from Florida’s 6th Congressional District was selected as President Trump’s national security advisor and former Florida Attorney General Pam Bondi was sworn in as Attorney General of the United States. Each appointee will undoubtedly represent the interests of Floridians and Florida’s law enforcement with passion and commitment just as they have done in their previous roles.

We also saw one of the most historical moments for the Office of the Sheriff with the swearing in of the first elected sheriff in Miami-Dade County in almost 60 years. Sheriff Rosie Cordero-Stutz is ready to lead the Miami Dade Sheriff’s Office. The FSA looks forward to working with Sheriff Cordero-Stutz and her team.

At the state level, Republicans continue to increase their majority in the House and Senate. New House Speaker Daniel Perez will preside over an 86-33 Republican supermajority in the House and Senate President Ben Albritton will lead a 28-12 Republican supermajority in the Senate.

In September, the sheriffs met for their annual Legislative Summit to determine what their legislative priorities would be in 2025. The sheriffs voted to focus on ideas aimed at improving public safety, protecting our children, and ensuring law enforcement has the tools they need to keep Floridians safe.

FSA’s Legislative Priorities

Luring or Enticing a Child

The Florida Sheriffs Association will be supporting legislation that will amend state law to increase the penalty from a misdemeanor to a felony for an adult who intentionally lures or entices or attempts to lure or entice a child under the age of 12, other than for a lawful purpose. Currently, an adult who intentionally lures or entices a child, or attempts to lure or entice a child other than for a lawful purpose into their vehicle or dwelling can only be charged with a misdemeanor under Florida law if it is their first offense of this nature.

Because a first offense is only a misdemeanor, it is impossible for law enforcement to obtain
search warrants for these crimes. Felony luring applies only to an adult with a previous conviction for a sexual battery or lewd offense or where a computer was used to lure or entice a child.

Law enforcement continues to see examples of adults who attempt to lure and entice young children into their vehicles with the clear intent of kidnapping these children and performing unspeakable acts upon them. Unfortunately, in many instances, unless the perpetrator has already been charged with luring or enticing or attempting to lure or entice a child, the only charge that can be brought against the perpetrator is a misdemeanor for attempting to lure or entice a child.

This legislation will amend the luring statute to increase the penalty from a misdemeanor to a felony for an adult who intentionally lures or entices or attempts to lure or entice a child under the age of 12, other than for a lawful purpose, and will also increase the criminal penalties for repeat offenders. This legislation will make an important change to current law to bring greater uniformity to the law used to protect our children and ensure these dangerous predators can be held accountable from the start.

Xylazine

While the State of Florida continues to battle the opioid epidemic, a new threat is on the rise that is making Florida’s fight against drug overdoses increasingly more difficult. Xylazine, also known as “tranq”, is a sedative with analgesic and muscle relaxant properties, and is used for legitimate purposes by veterinarians, primarily for the sedation of large animals. The drug has no known use for humans and is currently classified as a Schedule I substance in Florida, primarily due to its effects on humans. However, many dealers and users are obtaining Xylazine through the black market and then mixing the drug with other narcotics, including fentanyl, heroin and cocaine. When combined with deadly narcotics, Xylazine becomes resistant to opioid antagonists, including naloxone, as it is not an opioid, although the effect on the human body is similar to that of an organic or synthetic opioid.
Under current law, anyone in possession of Xylazine can only be charged with possession and distribution of a controlled substance, regardless of the amount. This legislation adds Xylazine to Florida’s trafficking statute. Under this legislation, a dealer who unlawfully sells, delivers or manufactures Xylazine will face a first-degree felony and a three-year mandatory minimum term of imprisonment for less than four grams and a mandatory minimum term of imprisonment of seven years and a $50,000 fine for four grams or more.
This legislation will hold criminals who unlawfully manufacture or sell Xylazine accountable by providing law enforcement with the tools to go after these drug dealers.

Access to the Mental Competency (MECOM) Database

The Florida Department of Law Enforcement (FDLE) is authorized to maintain a database of citizens who are prohibited from purchasing firearms based on court adjudications of mental defectiveness or commitments to a mental institution. The FDLE is required to check this database before approving the sale of firearms by licensed dealers to determine if a potential purchaser is prohibited by law from possessing a firearm because he or she has been adjudicated mentally defective or committed to a mental institution. If an individual

wants to conceal carry, they are no longer required to acquire a permit to do so. Thus, officers cannot rely on the background checks associated with receiving a permit to ensure an individual who is concealed carrying is mentally competent to do so.

Currently, law enforcement officers cannot perform proper investigations to determine eligibility to possess or carry a concealed firearm. Current laws are silent or do not authorize access to the required database where the information is held, specifically the Mental Competency (MECOM) Database. This could have devastating consequences as the MECOM database includes disqualifying information where a citizen is adjudicated incapacitated due to mental health issues or substance use issues resulting in disqualification from the ability to legally possess or carry a concealed firearm.

This legislation will allow Florida’s law enforcement access to the MECOM database to determine eligibility of a citizen who carries a concealed weapon or firearm without possessing a current Concealed Weapon License issued by the Florida Department of Agriculture and Consumer Services.

National Missing and Unidentified Persons System (NamUs)

The National Missing and Unidentified Persons System (NamUs) is a national information clearinghouse and resource center for missing, unidentified and unclaimed persons cases across the United States.

The NamUs is designed to help solve long-term missing persons cases. The NamUs is not currently resourced to provide immediate investigative support to law enforcement agencies, but instead acts as a repository and resource for long-term missing and unidentified human remains cases. Law enforcement agencies across Florida and the country utilize NamUs to help solve cases where a person has been missing for months or years, namely cold cases.

Florida law currently requires law enforcement to enter a missing person into the NamUs within two hours after a police report has been filed that an adult or child is missing. The NamUs currently has two staff members assigned to review cases submitted by law

enforcement agencies in Florida. After Florida implemented this requirement two years ago the NamUs reported a 2,900% increase in the number of cases submitted by Florida to the NamUs.

The large influx of short-term missing persons cases has clogged the NamUs system and has left the NamUs unable to review any Florida cases, including long-term cases. As a result, Florida law enforcement agencies can no longer utilize the NamUs for its intended purpose – solving long-term missing persons cases.

This legislation will extend the time a missing person can be entered into the NamUs from two hours to 90 days. This will remove the overload caused by short-term missing persons cases being entered into the NamUs and ensure that the NamUs can continue supporting long-term missing persons cases in Florida.

FSA Legislative Committee

Sheriff Bob Gualtieri, Pinellas County (Chair)
Sheriff Mike Adkinson, Walton County
Sheriff Michelle Cook, Clay County
Sheriff Gator DeLoach, Putnam County
Sheriff Rob Hardwick, St. Johns County
Sheriff Mike Harrison, Gulf County
Sheriff Grady Judd, Polk County
Sheriff Dennis Lemma, Seminole County
Sheriff John Mina, Orange County
Sheriff Bobby McCallum, Levy County
Sheriff Al Nienhuis, Hernando County
Sheriff Bill Prummell, Charlotte County
Sheriff Bobby Schultz, Gilchrist County
Sheriff Rick Wells, Manatee County
Sheriff Billy Woods, Marion County

More Information

For more information on the FSA legislative program and to stay up-to-date on all legislative issues visit: flsheriffs.org/legislative. In addition, you can follow all the legislative action each week by listening to FSAcast, FSA’s podcast during session. FSAcast is available on Apple and Spotify and at flsheriffs.org/podcast.

Author

Allie McNair
FSA Director of Legislative Affairs