Initial History and Physical Exam Is there an alternate contact if we cannot reach you? Information About Your Pain Please describe your pain problem: What do you think is causing your pain? What does your family think is causing your pain? Do you think anyone is to blame for your pain? q Yes q No If so, who? Do you think surgery will be necessary? q Yes q NoIs there an event that you ass
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Sa18.state.fl.us2The Rap Sheet
Legal News for Law Enforcement in Brevard and Seminole Counties
Volume XVIII, Issue 1
Once again, I am pleased to provide you with State Attorney
this issue of the Rap Sheet devoted to a Norm Wolfinger
summary review of the legislation passed during the 2002 regular session of the Florida legislature. I hope that this review will be of help to you in identifying and interpreting the new laws applicable to law enforcement. I would like to acknowledge and thank our editor, Assistant State Attorney Mary Ann Klein in Seminole County for all of her hard work in putting this information together. Special thanks to the attorneys, Carla Oglo and Connie Pence-Galietti with the Florida Prosecuting Attorneys Association and other assistant state attorneys throughout the state as well as Attorneys Mike Ramage and Steve Brady with the Florida Department of Law Enforcement for their assistance in preparing this review. Editor’s note by
The use of “HB” or “SB” indicates the House Bill or Senate Bill number Mary Ann Klein
assigned by the legislature. Because this is a summary, it is important that you refer to the complete bill of interest. Links have been incorporated to take you directly to the enrolled or “er” version of the bills, as this is the approved version of the bill in question. Just click on the web address under the description of the bill to view the bill. Following the column describing the bill, is the effective date of the legislation. Bills reflecting an effective date as “upon becoming law” are shown as “UBL” followed by the date the bill was signed by the Governor or otherwise became effective. The Session Law number is shown in the last column. If there is no Session Law number then the bill has not become law yet, as it has not been signed by the Governor. Thus, the format is as follows: EFFECTIVE
2002 LEGISLATIVE UPDATE
CAREER OFFENDER REGISTRATION/SENTENCING REENACTMENTS
Florida Career Offender Registration Act
This bill creates a system and process for the registration of certain career offenders and authorizes community and public notification of certain registration information. A “career offender” is any person who is designated as a habitual violent felony offender, a violent career criminal, a three-time violent felony offender, or a prison releasee reoffender. The registration system and process are similar to that used to register sexual predators and sexual offenders. The Department of Law Enforcement, the Sheriffs, the Department of Corrections and private correctional facilities, and the Department of Highway Safety and Motor Vehicles are responsible for implementing the system, and the Department of Law Enforcement serves as the hub and central repository for registration information. For the purposes of this act a ‘career offender’ is any person designated as a: • Habitual violent felony offender;
• Violent career criminal;
• Three-time violent felony offender;
• Prison releasee re-offender.
Applies to offenders released on or after January 1, 2003. Failure to register is a third degree felony.
Violators may be prosecuted in the county in which the act of omission occurred, county of the last
registered address, county in which conviction occurred, or in county where the person was
designated HVO, VCC, 3XVO, or PRR.
Misuse of public records concerning career offenders is a first-degree misdemeanor. Sentencing – Reenactment of Chapter 1999-188
This bill reenacts sections 5 and 12 of Chapter 1999-188, Laws of Florida. It provides for a minimum mandatory three-year prison sentence for a person who is convicted of aggravated assault or aggravated battery upon a person 65 years of age or older (Section 5 F.S. 784.08). Requires the Executive Office of the Governor to inform the public of the penalties provided for in the bill (Section 12 F.S. 784.08). Bill specifies that the provisions reenacted by the bill shall be applied retroactively to July 1, 1999. Sentencing – Reenactment of Chapter 1999-188
This bill reenacts sections 4 and 12 of Chapter 1999-188, L.O.F. The bill also includes corrections made to a cross-reference, by section 96, Chapter 1999-3 and section 315, Chapter 1999-248, L.O.F. It provides for a minimum mandatory three-year prison sentence for a person, who is convicted of aggravated assault upon a law enforcement officer, a five-year minimum mandatory if the offense against the law enforcement officer is aggravated battery (Section 4). Requires the Executive Office of the Governor to inform the public of the penalties provided for in the bill (Section 12). Bill specifies that the provisions reenacted by the bill shall be applied retroactively to July 1, 1999. Sentencing – Reenactment of Chapter 1999-188
This bill reenacts sections 1, 3, 6 (Three-Strikes Violent Felony Offender Act), and 12 of Chapter 1999-188, L.O.F., as well as an amendment thereto enacted in Chapter 1999-201, L.O.F., which created the “Three-Strike Violent Felony Offender Act.” The bill redefines the terms “habitual felony offender,” “habitual violent felony offender,” and “violent career criminal.” The bill provides that enhanced penalties be imposed upon the three time violent felony offender, based upon the nature of the current offense and his or her prior record. The bill also requires the Executive Office of the Governor to inform the public of the penalties provided for in the bill (Section 12). Bill specifies that the provisions reenacted by the bill shall be applied retroactively to July 1, 1999. HB 1399 Sentencing – Reenactment of Chapter 1999-188,
This bill reenacts sections 2, 7, 8, and 12 of Chapter 1999-188, L.O.F., as well as amendments thereto found in Chapter 2001-239, Laws of Florida. It provides an expanded definition of a “prison releasee reoffender,” and further reflects legislative intent that these offenders receive the maximum prescribed punishment unless the state attorney determines that extenuating circumstances exist (Section 2). The bill creates a category of repeat offender referred to as the “repeat sexual batterer” and requires a ten-year minimum mandatory sentence if the court finds certain criteria are met (Section 7). The sexual battery statute is amended to include references to the newly created repeat sexual batterer statute (Section 8). The bill also requires the Executive Office of the Governor to inform the public of the penalties provided for in the bill (Section 12). Bill specifies that the provisions reenacted by the bill shall be applied retroactively to July 1, 1999. Sentencing – Reenactment of Chapter 1999-188
This bill reenacts sections 9, 10 and 12 of Chapter 1999-188, L.O.F., as well as amendments thereto enacted in Chapters 2000-320, 2001-55, and 2001-57, L.O.F. The bill requires certain minimum mandatory sentences for drug trafficking offenses, prohibits most types of discretionary early release for drug traffickers, more precisely defines “cannabis plant” for trafficking purposes, and refines certain definitions and penalties with respect to “designer drugs (Sections 9 & 10).” The bill also requires the Executive Office of the Governor to inform the public of the penalties provided for in the bill (Section 12). Bill specifies that the provisions reenacted by the bill shall be applied retroactively to July 1, 1999 CONTROLLED SUBSTANCES/PROSTITUTION/MENTAL HEALTH Carisoprodol- Controlled Substances
Amends F. S. 893.03(4), adding the substance Carisoprodol to list of schedule IV controlled substances. Carisoprodol (Soma) is a prescription muscle relaxant sold under such registered trademark names Miltown and Equanil. The effect of scheduling Carisoprodol as a controlled substance will be to restrict the number of allowable refills under F. S. 893.04(1)(g) within specified periods; make various drug offenses under F. S. 893.13 applicable to this substance; and to make it a third degree felony to possess Carisoprodol without a prescription. Illicit Nature of the Drug
Creates F. S. 893.101 to overrule the holding in Scott v. State, 27 FLW 31 (Fla. Jan. 2002), which held that for purposes of a prosecution relating to possession of a controlled substance, the state must prove that the defendant knew of the illicit nature of the controlled substance found in his or her possession. This bill clarifies legislative intent that knowledge of the illicit nature of a controlled substance is not an element of any offense under Chapter 893, and that lack of knowledge of the illicit nature is an affirmative defense to the offenses of Chapter 893. In those instances in which a defendant asserts this affirmative defense, the possession of a controlled substance, whether actual or constructive, shall give rise to a permissive presumption that the possessor knew of the illicit nature of the substance. The jury shall be instructed on the permissive presumption. CS/CS/SB
Prescribing Practitioners-Criminal Offenses-
Amends F. S. 893.13, increasing penalties to a third degree felony for withholding information from a practitioner that a patient has received a prescription from another practitioner within the previous 30 days. Creates F. S. 893.13(8)(a), making it a third degree felony for a practitioner to knowingly assist a person in obtaining a controlled substance through fraud or trickery, to prescribe a controlled substance for a fictitious person or prescribe a controlled substance for monetary benefit. If the prescriber receives $1000, or more, or if the quantities, individually or in the aggregate, reach trafficking amounts, it is a second-degree felony. If the prescribing practitioner wrote a prescription for a controlled substance for which there was no medical necessity, or that was in excess of what was medically necessary to treat the patient, that fact does not give rise to any presumption that the prescribing practitioner knowingly assisted the patient to obtain a controlled substance through deceptive, untrue or fraudulent representations. However, this fact may be considered with other competent evidence in determining whether the prescribing practitioner knowingly assisted the patient in obtaining a controlled substance through deceptive, untrue or fraudulent representations. Creates F. S. 456.075, authorizing a representative of the Department of Health to voluntarily appear in a criminal proceeding against a licensed health care professional. Amends F. S. 921.0022, offense severity ranking chart for these new offenses at level 3. CS/SB 570
Establishes a two-year pilot program in Hillsborough and Pinellas Counties. First or second-time offenders can elect to participate in an educational program that includes six classes within six months. Adds subsection ( c ) to Fla. Statute 796.07, creating a third degree felony offense for a third or subsequent prostitution conviction. Mandates the imposition of a $500 civil penalty for conviction of solicitation. A person convicted of solicitation who has had a prior conviction and who uses his motor vehicle during the offense shall have his driving privileges revoked for a period of not less than one year. Establishes a two-year pilot program in Hillsborough and Pinellas Counties. First or second-time
offenders can elect to participate in an educational program that includes six classes within six
months. Adds subsection ( c ) to Fla. Statute 796.07, creating a third degree felony offense for a
third or subsequent prostitution conviction. Mandates the imposition of a $500 civil penalty for
conviction of solicitation. A person convicted of solicitation who has had a prior conviction and
who uses his motor vehicle during the offense shall have his driving privileges revoked for a period
of not less than one year.
Community Mental Health Services
The bill requires that the Department of Children and Family Services (department) expand community mental health services with funds appropriated under the General Appropriations Acts for fiscal years 2001-2002 and 2002-2003 and under future legislative appropriations by implementing programs that emphasize crisis services, treatment, rehabilitation, support, and case management as defined in Chapter. 394, F.S. Funding increases in the General Appropriations Act must be appropriated in a “lump-sum” category and a spending plan developed by the department pursuant to Chapter. 216, F.S. Status reports must be submitted to the Governor and the Legislature on October 1, 2002, and October 1, 2003, concerning the progress made toward expanding these community mental health services with new legislative appropriations. The bill specifies that a report be submitted to the Governor and Legislature on August 1 of each year that estimates the costs of expanding community mental health services. This report will be developed by the department in collaboration with the Agency for Health Care Administration and will include forecasts of Baker Act expenditures based on periodic actuarial analysis, caseload estimates of adults with serious mental illness and children with serious emotional. disturbances, associated costs per person served, and recommendations for maximizing the use of federal funds to meet these needs. The bill requires that crisis services be implemented by January 1, 2004, and mental health services be implemented by January 1, 2006, in Florida’s publicly funded community mental health system if legislative appropriations are specified for these purposes. Theft From Persons 65 Or Older
Creates F. S. 812.0145, Theft from persons 65 years of age, or older; reclassification of offenses. 1) All persons convicted of theft of more than $1000 from a person 65 years of age, or older, shall be ordered to make restitution and perform 500 hours of community services. 2) Reclassification requires proof offender knows or has reason to believe victim was 65 years of age, or older. a. funds or assets valued at $50,000 or more is a first degree felony ranked at level 7 (general theft requires over 100,000.); b. funds or assets valued at $10,000 or more, but less than $50,000, is a second degree felony ranked at level 5 (general theft statute requires between $20,000 and $100,000); funds or assets valued at $300 or more, but less than $10,000, is a third degree felony ranked at level 3 (general theft statute requires between $300 and $20,000). Elderly/Disabled Adults Exploitation
The bill Amends F. S. 775.15 and provides for a five-year statute of limitation time period for prosecuting cases under F.S. 825.103 involving financial exploitation of an elderly person or disabled adult. Currently, such cases must be prosecuted within four years of the violation if the exploitation rises to the level of a first-degree felony (value of funds involved is over $100,000), or within three years of the violation for all other exploitation cases. The bill also extends the current four-year time limitation for bringing a felony prosecution under F.S. 825.102 for physically abusing or neglecting an elderly person or disabled adult to five years. DOMESTIC VIOLENCE/SEXUAL OFFENSES CHILD ABUSE/
Amends definitions of “domestic violence” and “family or household member” under s. 741.28, F.S. Clarifies that in order to be a family or household member, the parties must have resided together at some point, unless they have a child in common. Amends F.S. 25.385, 39.902, 741.30 and 943.171, F.S., referencing 741.28 for definition of “domestic violence” and “family or household member.” Injunction Filing Fee:
Amends s. 741.30, FS, prohibiting the imposition of a filing fee for injunctions as of 10/1/02. Amends s. 741.2902, deleting provision referring to fee reimbursement by respondent. Amends s. 28.241, F.S., deleting reference to filing fees. DV Injunction Changes:
Adds subsection (j) to s. 741.30(1), F.S., relaxing venue requirements for purpose of filing a petition for injunction to allow the additional option of filing the petitions in the circuit where the petitioner currently or temporarily resides without a minimum residency period; Lists certain behaviors the petitioner can check to indicate how he/she is in imminent danger of becoming a victim of domestic violence. Outlines the factors the court may consider when determining whether to issue an injunction. Amends s. 741.32, F.S., requiring that injunction hearings be recorded. Allows a party to request the presence of an advocate from any agency during the injunction process. Amends s. 741.31, F.S., adding acts which constitute a violation of the injunction: being within 500 feet of petitioner’s home, school, work or regularly frequented place; being within 100 feet of the petitioner’s car; defacing petitioner’s car or property; refusing to surrender firearms or ammo. Dating Violence:
The bill also establishes an injunction for protection against dating violence. This injunctive relief is created in s. 784.046, F.S., injunctions for protection against repeat violence, but as a separate cause of action. Injunctions for protection against dating violence would be provided using the same stipulations as provided for injunctions for protection against repeat violence. However, a petition for a dating violence injunction can be filed if the person is a victim of dating violence or in imminent danger of becoming a victim of dating violence. Dating violence is specifically defined and requires that the violence be between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. Factors are provided to consider in determining the existence of such a relationship, and casual acquaintanceships and ordinary fraternization in a business or social context are specifically excluded. Gives parents standing to file for the injunction on behalf of a minor child. Amends s. 784.047, F.S., adding “dating violence” to the penalty statute for violation of an injunction. Amends s. 784.048, F.S., adding “dating violence” to stalking statute. Miscellaneous Changes:
Amends s. 39.903, F.S., requiring DCF to operate the statewide DV program. Amends s. 938.01, F.S., imposing an additional $3.00 court cost for every conviction for violation of a state penal or criminal statute or municipal or county ordinance. Outlines formula for distribution. CS/SB 1916
Bail Bonds/Domestic Violence
Amends s. 648.44, F.S. Prohibits a bondsman from initiating in-person or telephone contact between the hours of 9:00 p.m. and 8:00 am at the detainee’s or his family’s residence in domestic violence cases. Prohibits the bondsman from conducting business with anyone other than the defendant on the grounds of the jail or courthouse. Violation is a misdemeanor of the 1st degree. The bill also makes the following changes: Prohibits any person owning a bail bond agency who is not a licensed and appointed bail bond agent; Requires the owner of a bail bond agency to designate a primary bail bond agent who is responsible for the overall operation and management of the agency; Authorizes the issuance of a temporary permit, valid for 24 months, if the owner of a bail bond agency dies or becomes mentally incapacitated; Increases the standards for education and qualifications for bail bond agents, including increasing the required pre-licensing course from 80 hours to 120 hours; Prohibits certain acts related to solicitation of bail bond business; Requires all build-up funds used to indemnify the insurer by the bail bond agent to be held in an individual fund trust account and maintained in an FDIC or FSLIC approved bank or savings and loan, subject to examination and accounting requirements; Requires a temporary bail bond agent to be accompanied by a supervising bail bond agent when apprehending defendants; Requires bail bond agents to file a sworn affidavit with a new appointing insurer that no funds are owed to another insurer; Provides more specific prohibitions against bail bond agencies hiring persons convicted of a felony; Requires bail bond agents that surrender a defendant to provide the defendant with a statement of surrender; Provides additional accountability and penalties for requirements related to collateral held by a bail bond agent; Increases the maximum fee that a bail bond agent can charge for the actual expenses related to converting collateral to cash, from 10 percent to 20 percent of the face value of the bond, and allows the agent to charge a credit card fee; Increases administrative fines that may be imposed by the department for violations from $500 to $5,000 for a nonwillful violation, and from $2,500 to $20,000 for a willful violation. Authorizes the department to impose a “civil assessment” of up to $5,000 against a licensee who fails to comply with solicitation requirements, subject to a preponderance of the evidence standard, rather than the clear and convincing standard that has been determined by the Florida Supreme Court to be required for agency fines. CS/HB 163
This bill amends s. 825.1025, F.S., which prohibits lewd or lascivious battery, molestation, and exhibition upon or in the presence of an elderly person or disabled adult, by changing the term “disabled adult” to “disabled person.” The change would allow for prosecution of offenses under this statute, which might otherwise be precluded because the disabled person was under the age of eighteen. The bill raises the offense from level 7 to level 8 in the offense severity-ranking chart. As a result, the lowest permissible sentence for the offense will increase from 51 months to 64.5 months. The maximum punishment for the offense will remain 15 years in prison. This ranking will correspond to the ranking for the offense of sexual battery. Sexual Predators and Offenders
Amends s. 775.21, F.S., “The Florida Sexual Predators Act,” and s. 943.0435, F.S. sexual offender registration.” Requires sexual predators and offenders to report enrollment or employment at an institution of higher education and to report transfers between campuses of the same school and makes this information available to state registry and to the schools; Requires the Sheriff or DOC to notify the institution of his presence. Any change in status must be reported in person within 48 hours; Relaxes jurisdictional limitations, requiring a person from another jurisdiction to report if the person lives in Florida and otherwise qualifies as an offender or predator, whether or not the person was so designated in the other jurisdiction. Amends F.S. 943.0435 and 944.606 F.S., adding 847.0137 (transmitting child porn by electronic device), and 847.0138 (transmission of material harmful to a minor by electronic device) to list of offenses triggering predator or offender status. Adds subsection (c) to 943.0435(11), stating that registration is for life or upon court order. Adds subsection (12) to 943.0435, legislative intent that registration is not meant to be punitive and that sex offenders and predators have a reduced expectation of privacy because of their risk to the community. Creates 943.0436, duty of the court to uphold the law. Prohibits a court from doing anything to limit, restrict, or exempt the law from a sexual offender. Amends s. 775.24, F.S., giving an affected agency up to one year to correct a court order that affects the agency’s ability to follow the law relating to sex offenders. This bill also amends 960.003 to provide that when a victim of any specified sexual offense, regardless of whether bodily fluid was transmitted from one person to another, is a minor, a disabled adult, or elderly person, upon request of the victim or the victim’s legal guardian, or of the parent or legal guardian, the court shall order the person charged with the offense to undergo HIV testing. Results of required HIV testing shall be disclosed, no later than two weeks after the court receives such results, to: the person charged with or alleged by petition for delinquency to have committed any specified sexual offense; or the person convicted of or adjudicated delinquent for any specified sexual offense. Further, such results must be disclosed to the victim or the victim’s legal guardian or parent, and to specified public health agencies, upon their request. Sexually Violent Offenders
Amends s. 394.913, F.S., revising notice requirements in Jimmy Ryce cases (persons convicted of a sexually violent offense and who are being considered for involuntary civil confinement in the sexually violent predator treatment program). DOC must notify the state and the Department of Children and Families (DCF) of the pending release 545 days before anticipated release of an adult offender (up from 360). The Department of Juvenile Justice (DJJ) must give notification to the State and DCF 180 days before anticipated release for juvenile offenders. The MDT must provide a written assessment within 180 days of notification (up from 90). The DCF psychiatric hospitals are required to provide notification 180 days prior to the anticipated hearing regarding possible release of a person incarcerated as not guilty by reason of insanity. The bill also amends s. 349.917, F.S., to clarify that persons “detained” as well as those “committed” to the SVPP under the Jimmy Ryce Act must be housed in a secure facility segregated from persons not detained or committed under the Act. The catch line of s. 349.929, F.S., is amended to correct a misstatement that DCF is responsible for all costs of the commitment process. Sexually Violent Offenders
Creates s. 394.9215, F.S., recognizing a committed person’s/detainee’s right to habeas corpus after all administrative remedies have been exhausted. The petition must be filed in the jurisdiction of the facility. Outlines content of petition. The petition is not part of the commitment proceeding and the public defender is not authorized to represent the detainee in his claim. If relief is found, then the court must impose the least intrusive remedy possible. Release is the last resort. Amends s. 394.923, F.S., adding employees of the Department of Legal Affairs to those immune from civil liability. CS/SB 1656
Rape Crisis Centers
Amends s. 90.5035, F.S., adding “trained volunteers” to those who can claim confidentiality under sexual assault counselor - victim privilege. Amends s. 794.024, F.S., allowing public employees to disclose information about a victim to rape crisis center counselors who will be offering services to the victim. Prisoner Defined
Amends 944.02, F.S. Redefines “prisoner” to include those under civil arrest and in lawful detention. A prisoner is now defined as a person who is under civil or criminal arrest and in the lawful custody of a law enforcement official, or who has been committed to or detained in any county jail, state prison, prison farm, or penitentiary, or to the custody of the Department of Corrections, pursuant to lawful authority. The bill would apply the crime of escape to persons who escape from civil detention, such as aliens who are being held pending deportation by the Immigration and Naturalization Service. Cruelty To Animals
This bill expands the authority of the court when dealing with persons who have committed an intentional act of cruelty against animals. For a first time violation of animal cruelty laws where the finder of fact determines that the torture of an animal was knowing and intentional, this bill Amends s. 828.12(2), F.S. to mandate a minimum fine of $2,500 and requires psychological counseling or completion of an anger management program. For second or subsequent violations, the minimum mandatory fine is increased to $5,000 and is accompanied by a minimum mandatory period of incarceration of 6 months without any possibility of parole or any form of early release. A plea of nolo contendere shall be treated as a conviction. Reenacts the following statutes: 550.2415(6)(d) (prohibition against racing of animals under certain conditions); 828.112(5) and (6)(a) (fighting or baiting animals); 828.17 (warrantless arrest); 828.24(3) (exemption); 826.26 (penalties); 828.29(14) (enjoin violator from being a pet dealer); 943.051(3)(b) (fingerprinting minor offender); 85.212(1)(b) (fingerprinting child offender); and 921.0022(3)(c). CS/SB 1766
Kimberlin West Act of 2002
Requires hospitals and other birthing facilities to provide materials to new parents on the dangers of shaking babies and small children. The Department of Health must provide this information. No penalty for failure to do so. Amends s. 39.204, F.S., abrogating privileged communications in cases of child or elder abuse, requiring disclosure to law enforcement. The bill also extends to a law enforcement officer the existing authority of the Department of Children and Family Services to petition a court for an order to gain access to specified records relevant to abuse allegations under investigation when any person refuses access to such records. CS/HB 549
This bill amends provisions relating to child custody matters. It repeals the current Uniform Child Custody Jurisdiction Act (ss. 61.1302- 61.1348, F.S.) and enacts an updated Uniform Child Custody Jurisdiction and Enforcement Act (ss. 61.501- 61.542, F.S.), which has been adopted in more than 27 states. The bill outlines the procedures to follow in child custody proceedings, including cooperation between states, service of process and personal jurisdiction issues. Allows a court of this state to assert temporary emergency jurisdiction if the child is in Florida and the child or its family is in danger of abuse. Abrogates the spousal privilege in these hearings. Authorizes the court to issue a warrant for physical custody of a child in certain circumstances. 61.538, F.S., specifies the role of the State Attorney: In a case arising under this statute or involving the Hague Convention on the Civil Aspects of International Child Abduction, the state attorney is authorized to take any lawful action to locate a child, obtain return of a child, or enforce a child custody determination. The state attorney works on behalf of the court and may not represent any party. 61.539, authorizes law enforcement to take action at the request of the state attorney. Crime Victims’ Rights
Creates 960.0021, requiring the Court to advise victims of their constitutional rights either via colloquy or posters. Provides language for the colloquy. Requires that posters, if used, be hung on courtroom doors with information on these rights. The bill also requires the circuit court administrator to provide the clerk of the court with victim rights information. Additionally, it provides a statement that the failure of the court to advise a victim of his or her rights does not affect the validity of the sentence, conviction, or hearing. Amends 960.001, requiring clerks of the court to make available information on restitution orders, which are converted to civil liens or judgments. DUI & ALCOHOL RELATED ISSUES
Driving & Boating under the Influence
Third DUI - Amends 316.193 and 327.35, making a third DUI / BUI conviction for an offense that
occurs within 10 years after a prior conviction for DUI / BUI a third degree felony. (It used to be a
misdemeanor) It is a level 3 offense on the Offense Severity Ranking Chart.
Refusals - Amends 316.1932 and 327.352 to eliminate the defendant’s right to refuse to take the
breath, blood and urine test. It creates 316.1939 (327.353 for BUI), making the second refusal a
first-degree misdemeanor. The requirements are: a) Officer had probable cause of DUI (or BUI); b)
Defendant was placed under arrest for a violation of 316.193 (327.35 for BUI), unless the blood test
is requested pursuant to 316.1932(1) (c) (327.352(1)(c) for BUI); (c) The defendant is informed that
if he or she refused to submit to such test, his or her privilege to operate a motor vehicle would be
suspended for a period of 1 year or, in the case of a second or subsequent refusal, for a period of 18
months (subject to a fine of $500 for BUI); d) The defendant was informed that a refusal to submit
to a lawful test of his or her breath, urine, or blood, if his or her driving privilege has been
previously suspended (previously fined for BUI) for a prior refusal to submit to a lawful test of his
or her breath, urine, or blood, is a misdemeanor; and e) Who, after having been so informed,
refused to submit to any such test when requested to do so by a law enforcement officer or
The disposition of any administrative proceeding that relates to the suspension of a person’s driving privilege does not affect a criminal action under this section for the refusal and the disposition of a criminal action under this section for a refusal does not affect any administrative proceeding that relates to the suspension of a person’s driving privilege. The DHSMV records showing that a person’s license has been previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine or blood shall be admissible and shall create a rebutable presumption of such suspension. Ignition Interlock - Amends 316.193 and 316.1937 to require repeat DUI offenders, DUI
offenders with a BAC of .20 or higher and DUI offenders who were accompanied by a minor to
place an ignition interlock devise upon all vehicles that are individually or jointly leased or owned
and routinely operated by the convicted person.
The devise is to be placed on the vehicles when the convicted person qualifies for a permanent or restricted license. It shall be placed on the vehicle for at least one year for a second conviction and two years for a third conviction. If the defendant had a BAC of .20 or higher or was accompanied by a minor, it shall be placed on the vehicle for at least six months for the first conviction and 2 years for a second conviction. The defendant need not be on probation during this time period. The defendant will not get his or her license reinstated until he or she shows DHSMV proof of compliance with the ignition interlock requirement. The defendant must pay all expenses for the devise. The devise must be approved by DHSMV in accordance with 316.1938. The installation of such devise shall not occur before July 1, 2003. This gives DHSMV time to adopt rules for the implementation and use of the devises and gives the legislature a year to make any changes needed to ease implementation. Causation - Amends 316.193 and 327.35 to change the standard of causation from “causes” to
“causes or contributes to causing” injury/serious bodily injury/death.
Mandatory Blood Tests - Amends 316.1933 and 327.353. If the officer has probable cause to
believe that the driver is DUI / BUI and has caused death or serious bodily injury of a human being,
the officer shall require the driver to submit to a blood test. The decision to request this test or not
to request this test is no longer within the officer’s discretion. Clarifies that this test need not be
incidental to a lawful arrest.
Uniform PC Affidavit - Amends 943.05 to require the creation of a uniform DUI probable cause
affidavit or arrest form, and alcohol influence report to be used by all law enforcement agencies in
making DUI arrests under 316.193. The rules and forms shall be adopted and implemented by July
1, 2004. Failure to use these uniform affidavits and reports, however, shall not prohibit prosecution
Offense Severity Ranking Chart - Amends 921.0022, the Offense Severity Ranking Chart. The
3rd BUI within 10 years and subsequent BUI’s are ranked as a Level 3 offense. The 3rd DUI within
10 years is ranked as a Level 3 offense, while felony DUI for a 4th or subsequent DUI remains a
Level 6 offense. BUI manslaughter - failing to render aid or give information is now listed as a
first-degree felony, Level 9 Offense, which is the same as DUI manslaughter - failing to render aid
or give information.
Court Costs for BUI - Amends 938.07 to assess court costs of $135 for BUI’s in order to make the
DUI and BUI statutes parallel.
Appropriations - It appropriates $216,062 for fiscal year 2002-2003 to DOC for implementation.
Open House Parties
Amends 856.015 to prohibit persons age 18 or older (it used to be 21or older) from allowing open house parties at any residence if alcoholic beverages or drugs are possessed or consumed by a minor. CS/SB 682
Substance Abuse Services
Amends 397.311(18)(c) to specify that licensure provisions for residential treatment apply to facilities that provide room, board, treatment and rehabilitation within the primary residential facility and also to facilities that are used for room and board only, and treatment and rehabilitation activities are provided on a mandatory basis at locations other than the primary residential facility. Amends 397.311(28) to redefine the term “service provider personnel”, to add chief financial officers. Amends 397.451, specifying that background checks for all owners, directors and chief financial officers of service providers are subject to level 2 background-screening requirements contained in Chapter 435. All service provider personnel who have direct contact with children receiving services or adults who are developmentally disabled receiving services are subject to level 2 background screening as provided under Chapter 435. Amends 397.403, specifying that a license may not be issued to an applicant service provider if any owner, director, or chief financial officer has been found guilty of, regardless of adjudication, or has entered a plea of nolo contendere or guilty to any offense prohibited under the level 2 screening unless an exemption from disqualification has been granted by the department pursuant to Chapter 435. If an owner, director, or chief financial officer is arrested or found guilty of, regardless of adjudication, or has entered a plea of nolo contendere or guilty to any offense prohibited under the level 2 screening standard while acting in that capacity, the provider shall immediately remove the person from that position and notify the department within 2 days after removal, excluding weekends and holidays. Failure to remove that person will result in revocation of the provider’s license. Amends 397.451(2) to add owners and chief financial officers to those whom the department must perform an employment history and reference check on. Amends 397.403(1)(f) to require the applicant for licensure to provide proof of compliance with local zoning ordinances. Service providers operating on a regular annual license have 18 months from the expiration date of their regular license within which to meet local zoning requirements. Amends 397.405(10) to require DUI education and screening services provided pursuant to ss. 316.192, 316.193, 322.095, 322.271 and 322.291 to be licensed under Chapter 397 unless exempted from licensing. It further clarifies that this chapter may not be construed to limit the practice of certain physicians, psychologists and psychotherapists who provide substance abuse treatment so long as the physician psychologist or psychotherapist does not represent to the public that he or she is a licensed service provider and does not provide services to clients pursuant to part V of this chapter. Failure to comply with any requirements necessary to maintain an exempt status under this section remains a first-degree misdemeanor. /TRAFFIC / HIGHWAY SAFETY ISSUES
Legislature is encouraging the Supreme Court to reconsider its ruling in Shadler v. State, 761 So.2d 279 (Fla. 2000). In Shadler, the Court held that the exclusionary rule applied to a case where an officer made a traffic stop based on a DHSMV records check which indicated the defendant’s driver’s license was suspended, when in fact, it was not suspended. There was a computer error. The Florida Supreme Court in Shadler reiterated the following principals: 1. If court personnel make an error and this error leads to the arrest and subsequent search of the defendant, then the exclusionary rule does not apply. Arizona v. Evans, 514 U.S. 1 (1995). 2. If law enforcement personnel commit an error then the exclusionary rule will apply. State v. White, 660 So.2d 664 (Fla. 1995). In Shadler, the Florida Supreme Court found that DHSMV was a law enforcement agency. This legislation amends the evidence code to provide legislative findings and to limit the application of the exclusionary rule. It creates 90.959 and amends 322.20 & 320.05. The legislature makes a finding that the Division of Driver Licenses and the Division of Motor Vehicles of DHSMV are not law enforcement agencies and are not adjuncts of any law enforcement agency. Errors in records maintained by the divisions are not within the collective knowledge of any law enforcement agency. There is enough incentive to maintain records in a current and correct fashion. The purpose of the exclusionary rule is to deter misconduct on the part of law enforcement officers and law enforcement agencies. The legislation prohibits the application of the exclusionary rule in any case where a law enforcement officer effects an arrest based on objectively reasonable reliance on information obtained from the divisions. Evidence found pursuant to such an arrest shall not be suppressed by application of the exclusionary rule on the ground that the arrest is subsequently determined to be unlawful due to the erroneous information obtained from the divisions. CS/HB 1225
Motor Vehicle Racing
Amends 316.191 to make driving in, participating in, coordinating, facilitating or collecting money
for, riding as a passenger in or purposefully causing the movement of traffic to slow or stop for
drag racing a second degree misdemeanor, with fines from $250 - $500 and a license revocation
for 1 year. It makes a second violation within 5 years of a prior violation, which resulted in a
conviction, a first-degree misdemeanor, with a fine of $500 - $1000 and a license revocation for 2
years. A hardship hearing may be requested pursuant to 322.271. Whenever an officer determines
that a person was engaged in drag racing, the officer may immediately arrest the violator and the
court may impound or immobilize the vehicle as a condition of incarceration or probation. All costs
of impoundment or immobilization must be paid by the owner.
Creates F.S. 322.212(1)(d) that makes it a third-degree felony to sell, manufacture, or deliver, or to offer to sell, manufacture, or deliver a blank, forged, stolen, fictitious, counterfeit, or unlawfully issued driver's license or identification card, or an instrument that appears to be a driver’s license or identification card. This offense may be investigated by any law enforcement agency, including the Division of Alcoholic Beverages and Tobacco. Move Over Act
Amends 316.126. When passing a parked emergency vehicle with its flashers on, drivers shall move over and clear the lane closest to the emergency vehicle. If there is no lane to move over to, the driver shall slow to 20 MPH below the speed limit. If the speed limit is 20 MPH, then slow to 5 MPH. The fine is $30. The proceeds from this fine go to the Crimes Compensation Trust Fund administered by the Office of the Attorney General. DHSMV shall provide an educational awareness campaign for this act and provide information about the act in driver’s license educational materials printed after July 1, 2002. Amends 316.2397 (3) to expand the list of who is authorized to operate emergency lights and sirens. It restricts when wreckers can use their amber rotating lights. Motor Vehicle Accidents
Requires DHSMV to collect data on motor vehicle accidents involving distracted driving, beginning January 1, 2002. DHSMV must analyze the impact of driver distraction on crashes and report such data by February 28, 2003. It creates 316.0075 to prohibit local governments from regulating the use of cellular telephones in vehicles. Such regulations are preempted to the state. CS/SB 520
Driver’s License/ID Cards
This bill amends s. 322.051, F.S., to require that applicants for a Florida identification card must identify their country of birth. Similarly, the bill limits reciprocity for the purpose of verifying the applicant’s identity to those states that have adopted proof of identity requirements that are at least as stringent as Florida’s. In addition, the bill provides that identification cards issued to foreign nationals who rely on certain United States Department of Justice documents (an employment authorization card, or proof of nonimmigrant classification) to establish proof of identity shall expire 4 years from the date of issuance or upon the expiration date cited on the applicable Department of Justice document, whichever date occurs first. Identification cards issued to specified foreign nationals may not be renewed or duplicated except in person. Finally, the bill authorizes the Department of Highway Safety and Motor Vehicles (DHSMV) to. incorporate fingerprints and other unique biometric means of identity into the application for an identification card. The bill amends s. 322.08, F.S., to require that applicants for a Florida driver’s license identify their country of birth. The bill limits reciprocity for purposes of verifying the applicant’s identity to those states that have adopted proof of identity requirements that are at least as stringent as Florida’s. Under this provision, Florida would continue to accept valid driver licenses issued through other jurisdictions for purposes of determining the applicant’s driving qualifications. However, Florida would limit reciprocity for identification purposes to those jurisdictions that have adopted comparable proof of identity documentation requirements. Currently, Florida accepts the following five primary identification documents: (1) a certified copy of a United States birth certificate; (2) a valid United States passport; (3) an alien registration receipt card (green card); (4) an employment authorization card issued by the United States Department of Justice; or (5) proof of nonimmigrant classification provided by the United States Department of Justice. The bill provides that DHSMV may incorporate fingerprints and other unique biometric means of identity into the application for a The bill amends s. 322.17, F.S., to provide that a licensee who establishes his or her identity for a driver’s license using certain Department of Justice documents (an employment authorization card or proof of nonimmigrant classification) may not obtain a duplicate or replacement driver’s license except in person and upon submission of the appropriate identification documentation. The bill amends s. 322.18, F.S., to provide that driver’s licenses issued to foreign nationals who rely on certain Department of Justice documents (an employment authorization card, or proof of nonimmigrant classification) to establish proof of identity shall expire 4 years from the date of issuance or upon the expiration date cited on the applicable Department of Justice document, whichever date first occurs. Driver licenses issued to specified foreign nationals may not be renewed or duplicated except in person and upon submission of the appropriate identification documentation. The bill amends s. 322.19, F.S., to provide that a licensee who establishes his or her identity for a driver’s license using certain Department of Justice documents (an employment authorization card, or proof of nonimmigrant classification) may not change his or her name or address except in person and upon submission of the appropriate identification documentation. The bill amends s. 322.212, F.S., to provide it is unlawful to sell, manufacture, or deliver any blank, forged, stolen, fictitious, counterfeit, or unlawfully issued driver’s license or similar document without approval by DHSMV. Violation of this section would constitute a third-degree felony. The bill also provides that violations may be investigated by any law enforcement agency, including the Division of Alcoholic Beverages and Tobacco. CS/SB 1554
Amends 318.21. If a municipality within the county maintains an 800-megahertz radio communication program that can communicate with the county’s system or if the mutual-aid channels are compatible, funds collected from violations that occur within the territorial jurisdiction of that municipality must be used to fund local law enforcement automation and must be distributed to that municipality. Amends 318.1451. Allows, but does not mandate, DHSMV and the courts to prepare a traffic school reference guide which lists the benefits of attending a driver improvement school and contains the names and telephone numbers of the fully approved course providers Safe Path To Schools
Allows DOT to create a grant program to fund the planning and construction of bicycle and pedestrian paths to provide safe passageways for children from neighborhoods to schools, parks and the state’s greenways and trails. No funds were appropriated to pay for this grant program. CS/HB 417
Allows certain educational institutions to provide alcoholic beverages to students over 18 years of age, but under 21, if the alcoholic beverage is delivered as part of the student’s required curriculum during classes conducted under the supervision of authorized instructional personnel. The alcohol cannot be offered for consumption or imbibing. CS/SB 522
Removal of crashed vehicles - Amends 316.061 to authorize agents of DOT, law enforcement or
an expressway authority to remove vehicles incapacitated as a result of a crash, along with the
debris, when the crash involves only vehicle or property damage. The person who removed the
vehicle shall not be considered liable or at fault regarding the cause of the accident solely by reason
of moving the vehicle.
Vehicle Loads - Re-enacts 316.520, which requires drivers to prevent any of its load from
dropping, shifting, leaking, blowing or otherwise escaping from the vehicle. This is a non-criminal
Traffic School Reference Guide - Amends 318.1451 to repeal provisions prohibiting
governmental agencies from providing any information regarding driver improvement schools or
course providers. Allows, but does not mandate, DHSMV and the courts to issue a traffic school
reference guide which lists the benefits of attending a driver improvement school and contains the
names and telephone numbers of the fully approved course providers.
Rebuilt cars - Amends the portions of 319.14, which deals with selling rebuilt cars. DHSMV must
now, to assure the identity of the vehicle, physically examine all of the major component parts of
the car which have been repaired or replaced before it issues a decal indicting the vehicle is rebuilt.
Any person who removes a rebuilt decal from a rebuilt vehicle with the intent to conceal the rebuilt
status of the vehicle commits a third degree felony.
Transferring vehicle titles - Amends 319.22. It will be a first-degree misdemeanor for a buyer to
transfer title to a motor vehicle when the purchaser’s name does not appear on the title if this is
done with the intent to commit fraud.
Salvaged vehicles - Amends 319.30 to revise the definition of major component parts to provide
greater specificity regarding the disposition of salvage and rebuilt motor vehicles. Self-insured
persons are to notify DHSMV of any vehicle or mobile home considered salvage within 72 hours of
becoming salvage. Any salvage motor vehicle dealer who has a person sign an affidavit that falsely
asserts that the vehicle title has been surrendered to the department commits a third degree felony.
Clarifies requirements relating to total loss vehicles. Provides for the issuance of state-assigned
vehicle identification number plates in certain circumstances.
Traffic and substance abuse education courses - Amends 322.095. Requires DHSMV to approve
and regulate courses that use technology as the delivery method, of all traffic law and substance
abuse education courses as the courses relate to this section. It eliminates the prohibition against
DHSMV providing a list of course providers for schools.
VIN’s - Amends 319.33 to provide it is unlawful to remove a vehicle identification number plate
that has been assigned by the state.
Certificates of destruction - Amends 713.78. A certificate of destruction which authorizes the
dismantling or destruction of the vehicle or vessel shall be re-assignable a maximum of two times
before dismantling or destruction of the vehicle shall be required. A violation is a third degree
Towing records - Amends 713.78 to authorize law enforcement officers and employees of
DHSMV to inspect records of those in the business of towing, storing or transporting vehicles to
ensure compliance. Makes it a first degree misdemeanor for the folks who tow, recover or store
vehicles and vessels fail to maintain records or fail to produce records when required in a
reasonable manner and at a reasonable time.
Jurisdiction over certain roads - Amends 316.006 to provide that if a county commission elects
to abandon a road and convey the county’s interest in such road to a subdivision, the county’s
traffic enforcement jurisdiction ceases, unless otherwise agreed to by the county.
This 38-page bill covers other DHSMV issues that are not related specifically to traffic safety. CS/HB 261
This 176-page bill deals primarily with turnpike enterprises. However, squeezed in the bill are several items of interest: (Section 3) Commercial motor vehicles - Amends 316.302(1)(b) to authorize specified law
enforcement officers holding safety inspector certification to stop commercial motor vehicles
without reason for the purpose of vehicle and driver inspection.
(Section 8) Police powers - Amends 334.044 to allow DOT Motor Carrier Compliance to employ
sworn law enforcement officers who are certified in accordance with Chapter 943. These officers
will have the same powers as other peace officers in the state. They can also employ part-time and
auxiliary law enforcement officers pursuant to Chapter 943.
(Section 67) Motorized scooters and Segways - Amends 316.003 (21) and adds subsections (82)
& (83) to exclude motorized scooters and Segways from the definition of a Motor Vehicle.
(Section 68) Electric personal assistive mobility devices (Segways) - Creates 316.2068 to specify
where one of these devices may be driven and under what conditions. Such devises may be
operated on a roadway where the speed limit is 25 miles per hour or less. These devices may also be
operated on a bicycle path, or sidewalk. A driver’s license will not be required to operate these
devices, however, persons under 16 will be required to use a bicycle helmet. DOT, counties and
municipalities may regulate the use of these devices on roads under its jurisdiction.
(Section 70) Securing loads on vehicles - Amends 316.520. The provision of subsection (2)
requiring covering and securing the load with a close-fitting tarpaulin or other appropriate cover
does not apply to vehicles carrying agricultural products locally from a harvest site or to or from a
farm on roads where the posted speed limit is 65 miles per hour or less and the distance driven on
public roads is less than 20 miles.
(Section 71) Unlawful conveyance of fuel; obtaining fuel fraudulently - Creates 316.80, making
it a third degree felony to maintain or possess any conveyance or vehicle that is equipped with fuel
tanks, bladders, drums or other containers that do not conform to federal requirements for such fuel
transportation devices. They can also have their driver’s license revoked as provided in 322.26. The
vehicles, fuel tanks, related fuel, and other equipment are subject to seizure and forfeiture as
provided in the Florida Contraband Forfeiture
Act. The violator is responsible for all costs and fees involved. Any person who violates the above commits a third degree felony if he or she has attempted to or has fraudulently obtained motor or diesel fuel by: a) Presenting a credit card or credit card account number in violation of 817.57 - 817.685; b) Using unauthorized access to any computer network in violation of 815.06; or c) Using a fraudulently scanned, lost or stolen payment access devise, whether credit card or contactless device. This does not apply to containers of 8 gallons or less. (Section 98) Dori Slosberg driver education safety act - Effective October 1, 2002,
notwithstanding the provisions of 318.121, a county may, by ordinance, require the clerk of court to
collect an additional $3 with each civil traffic penalty, to be used to fund traffic education programs
in public and nonpublic schools. The funds shall be used for direct educational expenses and shall
not be used for administration.
(Section 100) Stop signs in a private community - Amends 316.006 to permit the issuance of a
citation for failure to obey a multi-party stop sign in a private community, if provided for in the
written agreement between the municipality and the controlling party, and if the signs conform to
Minimum traffic volumes are not required for installation of the signs or for enforcement of traffic laws for failure to stop at the signs. Enforcement for the signs shall be as provided in 316.123. (Section 102) Crash report confidentiality - Amends 316.066(3)(c) to create an exception to the
60-day public records exemption and confidentiality designation for crash reports, for local
government employees and agents. The employees or agents must maintain the confidentiality of
(Section 103) Waste collection vehicles - Amends 316.1975 to exempt solid waste and recovered
waste collection vehicles from certain requirements relating to unattended motor vehicles,
extending the same exemption that is currently available to delivery vehicles.
(Section 104) Utility vehicles operated by homeowners’ associations - Amends 316.2127 to
authorize the operation of certain utility vehicles on public roads by homeowners’ associations
upon designation of the roads for such use by the appropriate level of state or local government. A
violation of this section is a noncriminal traffic infraction.
(Section 105) Wearing headsets - Amends 316.304. The prohibition against wearing headsets
while driving does not apply to any person using a headset in conjunction with communicating with
the central base operation that only provides sound through one ear and allows surrounding sounds
to be heard with the other ear.
(Section 106) Securing loads on vehicles - Amends 316.520 (2) to include any inanimate object or
objects to the list of items that must be secured. The load-securing device must be a close fitting
tarpaulin or other preventative device as specified in federal regulations or a devise designed to
reasonably ensure that cargo will not shift upon or fall from the vehicle. Generally, a violation of
this section is a non-criminal traffic infraction. However, if you willfully violate this section and it
results in serious bodily injury or death to an individual, it is a second-degree misdemeanor.
Vehicles carrying agricultural products described in the above section 70 of this bill are not
(Section 107) Fines for speeding at toll booths and dropping loads - Amends 318.18. Fines for
speeding at toll collection centers will be doubled if there are adequate warning signs posted. There
is a minimum fine of $100 for dropping your load under 316.520 (1) or (2). A second adjudication
within 5 years for dropping your load results in a license suspension for 180 days to 1 year. (Section
108) There is a mandatory hearing for dropping your load under 316.520 (1) or (2).
(Section 109) Enforcement of traffic laws - Amends 316.640 to authorize university police to
patrol property supporting the university or any other organization controlled by the university.
Traffic laws may be enforced off-campus when hot pursuit originates on or adjacent to any such
property or facilities.
Officers of the Department of Agriculture now have the authority to enforce all traffic laws of this state. The traffic crash investigation officers hired by the sheriffs’ offices or municipalities can now issue traffic citations to persons involved in the crash who have committed an offense of Chapter 319, 320 or 322. (Section 110) License revocation or suspension for certain drug offenses Amends 322.056(1).
Court may direct DHSMV to issue a for business or employment purposes only license to those
who have had their license suspended or revoked for a violation of 562.11(2), 562.111 or Chapter
(Section 111) Department of agriculture and consumer services law enforcement officers -
Amends 570.073 to give the Dept. of Agriculture and Consumer Services law enforcement officers
the authority to enforce any statutes or laws of the state. Their primary responsibility, however, will
be to enforce laws relating to the agency. The Commissioner may also appoint part-time, reserve or
auxiliary enforcement officers under Chapter 943.
(Section 114) VIN’s - Amends 319.33(1)(d) to clarify that it is unlawful to remove a VIN plate
affixed by a manufacturer or the department.
(Section 116) Vessel records - Amends 320.05 to outline procedures for the release of vessel
records held by DHSMV.
(Section 123) FHP’s colors - Amends 321.02 to state that the official colors of the Florida
Highway Patrol are black and tan.
(Section 125) Outboard motor ID numbers - Amends 860.20 to move the responsibility for
outboard motor identification numbers from DEP to DHSMV.
(Section 127) Motor vehicle and mobile home salvage - Amends 319.30. Self-insured persons
must also notify DHSMV of any vehicle or mobile home considered salvage within 72 hours of
becoming salvage. It is a first-degree misdemeanor to willfully and deliberately violate this
paragraph or falsify any document to avoid the requirements.
(Section 128) Tracking titles over the internet - Creates 319.41 to require DHSMV to make
available on the internet a database of title transactions searchable by vehicle identification number
by July 1, 2003. DHSMV shall only provide access to information relating to the year, make,
model, and mileage of the vehicle, along with the date of sales and any brands or outstanding liens
on the title.
(Section 133) Emergency vehicles - Amends 316.003. Vehicles from the Department of Health
may also be authorized emergency vehicles.
NEW OFFENSES GENERALLY
Officer Scott Baird Act
The bill creates the criminal offense of aggravated manslaughter where the death of a law enforcement officer, firefighter, emergency medical technician, or paramedic is the result of culpable negligence, and the victim is performing duties that are within the course of his or her employment. The act is named in memory of Gainesville Police Officer, Scott Baird. CS/SB 570
Establishes a two-year pilot program in Hillsborough and Pinellas Counties. First or second-time offenders can elect to participate in an educational program that includes six classes within six months. Adds subsection ( c ) to Fla. Statute 796.07, creating a third degree felony offense for a third or subsequent prostitution conviction. Mandates the imposition of a $500 civil penalty for conviction of solicitation. A person convicted of solicitation who has had a prior conviction and who uses his motor vehicle during the offense shall have his driving privileges revoked for a period of not less than one year. Laser Lighting Devices
Creates Fla. Statute 784.02. It is a non-criminal violation for a person to knowingly and willfully shine a laser lighting device at a law enforcement officer who is engaged in his official duties, in a manner that would cause a reasonable person to believe that a firearm is pointed at him. Criminal Mischief
The bill adds Section 6 to F.S. 806.13, F.S., to provide for the imposition of minimum fines and community service requirements in sentencing offenders who violate the criminal mischief statute where the offense is graffiti-related: minimum mandatory fines- $250 for a first conviction, $500 for a second conviction, and $1,000 for a third and subsequent conviction. Graffiti offenders must also perform at least 40 hours of community service and, if possible, at least 100 hours related to graffiti removal. Parents of juveniles are jointly liable for the payment of the fine, which may be waived if the defendant does not have the ability to pay. School Safety Zone/Loitering
Creates Fla. Statute 810.0975. A school safety zone is defined as an area in, on or within 500 feet of an elementary, middle, or high school building. Trespassing or loitering within this zone from a time beginning one hour prior to the school session and ending one hour after the session is a second-degree misdemeanor. Scanners Law/Guide Dogs
Provides protection for guide dogs and service animals. Jeopardizing the safety of such an animal with reckless disregard, either in person or by permitting a dog in your control to do so, is a second-degree misdemeanor, and a first-degree misdemeanor for a subsequent offense. Injuring or killing such an animal with reckless disregard is a first-degree misdemeanor. Intentionally injuring or killing the animal, either personally or by permitting a dog in your control to do so, is a third degree felony. Mandates restitution for all incidental and consequential damages, including replacement and training of another guide dog. Payment Card Transactions
This bill prohibits a merchant who accepts payment cards from printing more than the last five digits of a payment card’s account number or printing a payment card’s expiration date on an electronically printed receipt provided to the cardholder. The term “payment card” includes credit cards, charge cards, debit cards, and any other cards that are issued to cardholders and that allow cardholders to obtain, purchase, or receive goods, services, money, or anything else of value from the merchant. The bill specifically exempts receipts from transactions in which the sole means of recording the payment card’s account number or expiration date is by handwriting or by an imprint or copy of the payment card. The bill imposes noncriminal penalties for violations by merchants. A first violation is subject to a $250 fine, and a second or subsequent violation is subject to a $1,000 fine. The bill authorizes the office of the state attorney to bring actions in county court for violations occurring in or affecting the judicial circuit under the office’s jurisdiction. The bill applies prospectively to receipts printed by cash registers or other machines or devices that are first used on or after July 1, 2003. The bill delays implementation until July 1, 2005, for receipts printed by cash registers or other machines or devices that are first used before July 1, 2003. POLICY ISSUES/MISCELLANEOUS
Regulation of Movers
This bill requires any person wishing to operate as a mover of household goods within the state of Florida to register annually with the Department of Agriculture and Consumer Services (DACS). The bill requires that prior to providing any moving or accessorial services, a contract and estimate must be provided to a prospective shipper in writing, must be signed and dated by the shipper and the mover. The written estimate and contract must contain specific detail, including acceptable forms of payment. A mover who refuses to comply with an order from a law enforcement officer to relinquish a shipper’s household goods after the officer determines that the shipper has tendered payment of the amount of a written estimate or contract; or after the officer determines that the mover did not produce a signed estimate or contract upon which demand is being made for payment, is a felony of the third degree. There are additional remedies under the Deceptive and Unfair Trade Practices Act, and the DACS administrative orders. CS/SB 434
Amends F. S. 40.011(1) to require the Division of Highway Safety and Motor Vehicles (DHSMV) to deliver jury lists to the Clerk of the Circuit Court in each county on a monthly basis (currently once a year). Amends F. S. 40.022(4) to require the Department of Law Enforcement (FDLE) to establish procedures to enable the Clerk of the Court in each county to submit monthly the names and other ‘identifying’ information about the person selected for the jury list. FDLE will search its databases and return an automated file of matching records that would assist the Clerk in evaluating whether a member of the jury pool should be disqualified. F.S. Section 40.013(1), F.S., provides that no person who is under prosecution for any crime, or who has been convicted in this state, any federal court, or any other state, territory, or country of bribery, forgery, perjury, larceny, or any other offense that is a felony in this state or which if it had been committed in this state would be a felony, unless restored to civil rights, shall be qualified to serve as a juror. CS/HB 1447
Arrest Without A Warrant
Amends F. S. 901.15 to authorize a law enforcement officer to arrest a person without a warrant when there is probable cause to believe that the person has committed assault upon a law enforcement officer, a firefighter, an emergency medical care provider, public transit employees or agents, or other specified officers as set forth in s. 784.07, or has committed assault or battery upon any employee of a receiving facility as defined in s. 394.455 who is engaged in the lawful performance of his or her duties. Also amends F. S. 947.141 and 947.22 to authorize arrest without a warrant an offender on release supervision who has violated the terms and conditions of their release by committing a felony offense, or a parolee who has violated the terms or conditions of his or her parole. Capital Collateral Proceedings
Creates F. S. 27.7002, limitation on collateral representation, lawyer disqualification and use of state funds for excess fees not authorized. Amends F. S. 27.710, registry of attorneys. Now requires registry attorneys to have attended within the last year a continuing legal education program of at least 10 hours duration devoted specifically to the defense of capital cases, if available. The failure to comply may be cause for removal from the list until the requirement is fulfilled. Amends F. S. 27.711, terms and conditions of appointment to allow, if at any time a death warrant is issued, the attorney is entitled to $100 per hour up to a maximum of $5000. This payment now includes attorney’s fees and costs for representing the capital defendant throughout the proceedings before the State Courts of Florida. DOC/Criminal Investigations
Amends F. S. 944.31. Authorizes the secretary of the DOC to designate persons within the Inspector General’s Office as law enforcement officers. This designation is for the purpose of investigating any incident occurring on department property, or involving a matter over which the department has jurisdiction. In addition, it requires the department to maintain a memorandum of understanding with FDLE for purposes of notifying FDLE and providing for the investigation of certain serious incidents as agreed upon between the departments. Amends F. S. 944.35(2) to change the required time frames and process for reporting the use of physical force by a department employee against an inmate or an offender supervised by the department in the community. Department of Corrections HIV Testing
Bill amends s. 945.355, F.S., to require the Department of Corrections to test inmates for HIV infection not less than 60 days prior to release from prison, unless the inmate is known to be HIV positive, has been tested within the previous year, or is released by emergency court order. This testing does not require informed consent. The department must provide HIV positive inmates with transitional assistance including HIV/AIDS education, an individualized discharge plan, and a 30-day supply of all HIV/AIDS-related medications that the inmate is taking prior to release. The department is also required to notify the Department of Health and the relevant county health department of the anticipated release of an HIV-positive inmate. Section 945.10, F.S., is amended to provide an exception to confidentiality requirements to permit the department to transfer HIV status information of released inmates. The bill provides an appropriation of $793,244 for FY 2002-2003, and requires the department make a report to the Legislature by March 1, 2003, concerning implementation of the bill. Scanners Law/Guide Dogs
Provides protection for guide dogs and service animals. Jeopardizing the safety of such an animal with reckless disregard, either in person or by permitting a dog in your control to do so, is a second-degree misdemeanor, and a first-degree misdemeanor for a subsequent offense. Injuring or killing such an animal with reckless disregard is a first-degree misdemeanor. Intentionally injuring or killing the animal, either personally or by permitting a dog in your control to do so, is a third degree felony. Mandates restitution for all incidental and consequential damages, including replacement and training of another guide dog. Scanners Law/Guide Dogs
Provides protection for guide dogs and service animals. Jeopardizing the safety of such an animal with reckless disregard, either in person or by permitting a dog in your control to do so, is a second-degree misdemeanor, and a first-degree misdemeanor for a subsequent offense. Injuring or killing such an animal with reckless disregard is a first-degree misdemeanor. Intentionally injuring or killing the animal, either personally or by permitting a dog in your control to do so, is a third degree felony. Mandates restitution for all incidental and consequential damages, including replacement and training of another guide dog. COUNTER-TERRORISM AND DOMESTIC SECURITY
Makes it a third-degree felony to attempt to obtain, solicit to obtain, or use any form of public or commercial transportation, including vessels, aircraft, railroad trains, or commercial vehicles with the intent to commit a felony or to facilitate the commission of a felony. Disaster Preparedness Plans
Requires each state agency head to work with the Department of Emergency Management to develop and distribute a comprehensive disaster preparedness plan to ensure continuity of essential state functions under all circumstances. Plans are to be implemented no later than July 1, 2003, and are encouraged to be in place earlier if possible. CS/HB 735
Public Records Exemptions Public Buildings
Exempts from public records release blueprints, schematic drawings, and other specified plans of structures owned or operated by state, county, or municipal agencies. Any “building, arena, stadium, water treatment facility” is included within the scope of the exemption. CS/SB 998
Weapons of Mass Destruction
Redefines “weapon of mass destruction” to include weapons designed to cause death or serious bodily injury “to any human or animal” or designed to produce “severe emotional or mental harm to any human.” Adds “weapon of mass destruction” to the “False Report of Hoax Bomb” prohibition in F.S. 790.164, making the false report of either a second-degree felony. Expands the “Planting of Hoax Bomb” offense (F.S. 790.165) to include the elements of “sending, mailing, displaying, using, threatening to use, attempting to use, or conspiring to use” such a device and increases penalty to second degree felony. Revised F.S. 790.166 to create the offense of possessing, displaying, or threatening to use a hoax weapon of mass destruction during the commission of, or attempt to commit, any felony. The new offense is a second degree felony. Department of Health
Authorizes the Department of Health to help coordinate the state's response to and take specific actions in cases of “public health emergencies,” including acts of bio-terrorism or use of nuclear or chemical agents. Powers include authority to quarantine, ordering required vaccinations, and directing drug manufacturers to divert stockpiles to affected areas, re-activating retired health care practitioners' licenses and order the testing and examination of individuals suspected of having a communicable disease that is a severe danger to public health. Expands the “Good Samaritan Act” immunities during declared public health emergencies. Intercepts of Communications
This legislation comports Florida law with federal communication interception provisions passed in October, 2001 as part of the “U.S.A. Patriot Act” as they relate to domestic intercepts. It requires FDLE to be brought into any state or local communications intercept investigation that involves communications related to acts of terrorism. It revises the definition of a “judge of competent jurisdiction” and allows such judge's intercept order to have statewide effect, provided that all or a portion of the crimes or conspiracy, or all or a portion of the communications to be intercepted, occur within the issuing judge's original jurisdiction. (This will assist in intercepting communications that rove throughout the state.) Adds “conspiratorial activities threatening the security interest of the nation or state” to the limited situations for which an emergency intercept is authorized. Makes several technical changes to conform with federal law. Exemptions for Social Security Numbers
Effective October 1, 2002, this bill makes confidential and exempt social security numbers held by an agency or its employees, agents or contractors. The exemption is retroactive in effect. Exceptions to the exemption are provided by the act. An agency may share a social security number with another governmental entity, its employees, agents, or contractors if disclosure is necessary to perform its duties and responsibilities, but the receiving entity must maintain the confidential and exempt status of the social security number. Additionally, an agency may not deny a commercial entity access to social security numbers provided that the numbers will be used in the normal course of business for legitimate business purposes. The bill defines “legitimate business purpose” to include verification of the accuracy of certain information, use in a civil, administrative or criminal proceeding, use for insurance purposes, use in law enforcement and for the investigation of crimes, use in identifying and preventing fraud, use in matching, verifying or retrieving information, or use in research. The bill explicitly excludes the bulk sale of social security numbers to the public or distribution to any customer that is not identifiable to the business entity. A business entity must make a written request for the information which contains contact information for the business entity and it must state the purpose for which the information is to be used. A violation of the act may be a felony of the third degree. Additionally, the bill prohibits on or after October 1, 2002, inclusion of a social security number in any document to be recorded in the official records of the county recorder, unless otherwise provided by law. The bill requires posting of notice on the Internet and in a newspaper of general circulation that social security numbers in previously filed documents can be redacted upon request in writing. A request must identify the page number where the information is located. A fee for redaction is expressly disallowed. Record Exemption for Leaving Newborn
This bill accords the same public records exemption for the identity of a parent who leaves a newborn infant at an emergency medical services station as already exists for the identity of a parent who leaves a newborn infant at a hospital or fire station in accordance with s. 383.50, F.S., relating to abandoned newborn infants. This bill is tied to substantive changes that were enacted last year in Chapter 2001-53, L.O.F., which expanded the types of facilities and personnel that may accept abandoned newborns. Prescription Drug Claim Identification Cards
The bill requires any health insurer or health maintenance organization and all state and local government entities that provide outpatient prescription drug coverage to issue a prescription drug benefits-identification card containing certain specified information. The benefits-identification card must contain certain information, including the name of the claims processor, the insured’s name, identification number and prescription group number, the help desk telephone number, and the claims submission name and address. The bill does not require the information to be formatted in any specified manner. The information must be printed on the card, or it may be embedded in the card and available through magnetic stripe, smart card, or other electronic technology. Certain information is not required if the card provides instructions on how such information may be readily accessed by electronic means. An entity affected by the bill could issue temporary stickers containing the required information that policyholders can affix to the existing card. Applies to policies or contracts issued or renewed on or after 10-01-02. Department of Insurance Work papers
The bill makes confidential and exempt from public record requirements work papers and other information held by the Department of Insurance (DOI), and work papers and information received from another governmental entity or the National Association of Insurance Commissioners (NAIC), for use by the DOI in the performance of its examination or investigation duties. Confidential and exempt information includes work papers and other information held by the DOI before, on, or after the effective date of this exemption. The bill provides that such confidential and exempt information may be disclosed to another governmental entity, if disclosure is necessary for the receiving entity to perform its duties and responsibilities, and may be disclosed to the NAIC. The receiving governmental entity or the NAIC must maintain the confidential and exempt status of the information. Use of the confidential and exempt information is authorized in a criminal, civil, or administrative proceeding, if its confidential and exempt status is maintained. This provision is subject to the Open Government Sunset Review Act and will be repealed on October 2, 2007, unless saved from repeal through reenactment by the Legislature. The bill provides a public necessity statement which states that such exemption is necessary in order to effectively administer a government program and that disclosure of such information would reveal information that could be used in preparing examination and investigations reports, and could thus thwart the state’s interest in ensuring the integrity of the regulatory process. Also, such confidential information is at times incomplete and misleading and revealing such information would be detrimental to persons and insurers examined or investigated. Furthermore, disclosure of such information could impair the ability of the DOI to gather pertinent information it needs to complete such examinations and investigations because individuals or entities which would otherwise disclose information to DOI would be unwilling to do so for fear that the information would not remain confidential. Public Records Personal Identification
The bill makes confidential and exempt from public record requirements certain personal or financial information held by the Department of Insurance, or its service providers or agents, relating to a consumer’s complaint or inquiry regarding a matter or activity regulated by the Department of Insurance (DOI). Confidential and exempt information includes bank account numbers, debit, charge, and credit card numbers, and all other personal financial and health information of a consumer held by the Department of Insurance. However, this exemption does not include the name and address of an inquirer or complainant to the department or the name of an insurer or other regulated entity which is the subject of the inquiry or complaint. The DOI is authorized to disclose the confidential and exempt information to another governmental entity if that entity needs the information to perform its duties and may disclose the information to the National Association of Insurance Commissioners. A receiving entity must maintain the confidential status of the information. Use of the confidential and exempt information is authorized in a criminal, civil, or administrative hearing, if its confidential and exempt status is maintained. The bill provides a public necessity statement which states that such exemption is necessary in order to protect a person’s financial interests as well as their personal medical information and to prevent the opportunity for identity theft or fraud. Disclosure of such information could cause unwarranted damage to the good name or reputation of individuals and could jeopardize their health and safety. Public Records Criminal Use
Creates s. 817.569 to make it a crime to knowingly use any public record as defined in s.119.011 or any information obtainable only through such public record to facilitate or further the commission of a first degree misdemeanor or any felony. If the public record is used to facilitate or further the commission of a first-degree misdemeanor, the crime under this statute is a first-degree misdemeanor. If it is used to facilitate or further the commission of a felony, the crime is a third degree felony. Sec. 921.0022 was amended to give the third degree felony a level 1 offense severity ranking for sentencing purposes. Public Records Victims & Witnesses
Due to the Open Government Sunset Review Act of 1995, the public records exemption contained in s. 914.27, for certain information regarding victims and witnesses receiving protective or relocation services, was scheduled to be repealed on October 2, 2002. This bill reenacts the public record exemption in the statute and removes from the statute the language directing the repeal of the exemption. The bill also deletes duplicative language from s. 914.27. Public Records Violent Crime Council
Due to the Open Government Sunset Review Act of 1995, the public records exemption contained in s. 943.031(7), for active criminal investigative information or active criminal investigative intelligence information discussed at meetings of the Florida Violent Crime and Drug Council, was scheduled to be repealed on October 2, 2002. This bill reenacts the public record exemption in the statute and removes from the statute the language directing the repeal of the exemption. The bill also deletes duplicative language from s. 943.031(7). ELECTION ISSUES
Election Code Violations
The bill amends s. 104.091 to provide that any person who aids, abets, or conspires to violate a provision of the Florida Election Code, shall be punished as if that person had committed the violation. It also provides that any person who knows of a felony violation of the Code and gives aid to the offender who has violated the Code, with the intent that the offender avoid or escape detection, arrest, trial, or punishment, shall be punished as if that person had committed the violation. This provision does not prohibit a member of the Florida Bar from giving legal advice to a client. The bill also amends s. 777.04 to include a violation of s. 104.091(2) as an exempted offense to be ranked as one level below the offense conspired to. Elections
UBL: 4-11-02 2002-17
This bill contains primarily technical revisions of election administration provisions adopted in the Florida Election Reform Act of 2001. Amends s. 101.5614(9) to clarify that any elections officer or employee releasing results of the election prior to the closing of the polls in that county is guilty of a third degree felony. Amends s. 101.68 to clarify that it is a third degree felony for an election officer or employee to release the results of the absentee ballot canvass prior to the closing of the polls on election day in that county. Amends s. 105.031 to require candidates for judicial office to qualify no earlier than 116 and no later than 120 days prior to the first primary, i.e., in May. The bill also amends the Voter’s Bill of Rights and Voter Responsibilities found in s.101.031(2). Amends s. 101.048, relating to provisional ballots, to include in the Provisional Ballot Voter’s Certificate and Affirmation, as statement that the person understands that if he or she commits any fraud in connection with voting, that they can be convicted of a third degree felony. Political Contributions
In direct response to Florida Right to Life v. Lamar, 273 F.3d 1318 (11th Cir. 2001), which invalidated both the indirect contribution prohibition and the blanket prohibition against candidate contributions to charities, amends s. 106.08 to eliminate the prohibition against candidates, political committees, and political parties from making contributions to any religious, charitable, civic, or other causes or organizations established primarily for the public good. In doing so the bill also reenacts the current prohibition against indirect contributions which was part of the statute struck down in Florida Right to Life. The bill further provides that candidates, political committees, and political parties may not make contributions, in exchange for political support, to any religious, charitable, civic, or other cause or organization established primarily for the public good. Amends s. 106.09 to make it a third degree felony for a person to knowingly and willfully make or accept a contribution in excess of $5,000 in violation of that section. This is effective on July 1, 2002. Amends s. 104.20 to delete that portion of the statute which made it a first degree misdemeanor for an elector to remain longer than the specified time allowed by law in the booth after having been notified that his or her time has expired. Amends s.106.24 to prohibit lobbyists at the state and local government level from being a member of the Florida Elections Commission, but does not apply to any lobbyists who are presently on the Commission until their term expires. It also prohibits members of the Commission from lobbying state or local governments while they are a member of the Commission. The bill also requires polling places to be accessible by persons having disabilities. Defines the terms “alternative formats,” “tactile input device,” and “voter interface device” for purposes of the Florida Election Code. Elections
In response to Florida Right to Life v. Lamar, the bill amends s. 106.011 and redefines “political committee.” The bill duplicates part of SB1350 in amending s. 106.08 on contributions by candidates, political committees and political parties. Amends s. 106.11 related to expenditures by candidates and political committees, to include debit cards. Amends s. 106.15 to prohibit the use of services of any county, municipal, or district officer or employee, in addition to state employees, for the furtherance of the candidacy during working hours. Amends s. 106.12 to increase the amount of petty cash from $30 to $100, which can be spent on a single transaction. Amends s. 106.141 to increase the amount of surplus funds that certain successful candidates can contribute to an office account.
Of little benefit and not working: people with parkinson's experience of employment and support allowance - october 2009 (pdf, 85kb)
Of little benefit and not working: People with Parkinson's experience of Employment and Support Allowance (My husband) “has all the usual symptoms of Parkinson’s: freezing, slow and quiet speech, difficulty with swallowing, shuffling, poor balance, dribbling (mouth), accidents when he can't reach the toilet on time, he has difficulty getting in and out of bed, nightmares, need