Legislative News

July 6, 2007 2007 Session Legislative Review Prepared by Office of Legislative Affairs Now that all the bills from the 2007 Legislative Session have been acted on by Governor Charlie Crist, this report offers a brief summary of selected bills that impact the Department of Corrections. This compilation only includes bills that were signed into law by the Governor. Complete bill text, legislative history and other information may be found through Online Sunshine via the Internet at www.leg.state.fl.us. For your convenience, you may also directly access bill text by opening the links on the bill numbers and titles in this report. If you have any questions or comments, please feel free to call the Office of Legislative Affairs at (850) 488-7436. BUDGET Senate Bill 2800 – The General Appropriations Act (The Budget) During the 2007 Session, the Legislature appropriated more than $2.5 billion to the Department of Corrections, increasing the Department’s funding by more than $174 million. $2.3 billion of the total appropriation is funded for operations, including the Department’s 28,559.50 FTEs (full-time equivalents or employees). Below is a listing of significant items funded above the Department’s previous year base budget: $164.4 million in fixed capital outlay funds for the construction of new inmate housing units to meet the projected increases in the inmate population. These funds include over 2,736 new work camp beds and 600 new work release beds. $2 million in increased in-prison substance abuse treatment services. Currently, approximately 64 percent of the inmate population has been identified as having a significant substance abuse problem and being in need of treatment. These funds will help defray the financial impacts, including future fixed capital outlay costs to state and local government for those inmates who would otherwise re-offend. $500,000 in increased inmate education programming. These funds will be devoted to expanding the Department’s literacy programs that are currently being piloted. Literacy is fundamental for educational advancement and critical element for inmates if they are to learn vocational skills and have employment when they reenter society. $1 million (approximately) to upgrade the radiology equipment at the Reception and Medical Center Hospital. During fiscal year 2005-06, the Department completed 18,310 radiological procedures, averaging approximately 70 procedures per day. $1.5 million for the modernization of the Offender Based Information System (OBIS). This system is the Department’s offender database system that stores offender information and enables staff to manage nearly 92,000 inmates and approximately 150,000 offenders supervised in the community. The system is critical in ensuring inmates serve their prison sentence; tracking offenders’ status, inmate health care, court-ordered restitution; and most information necessary to safely and appropriately supervise Florida’s offender population. $1.5 million for new motor vehicles. These funds will be used for replacing vehicles in an aging fleet which consists of 3,000 vehicles.The Department’s fleet is critical to public safety because many of these vehicles are used for transporting inmates and maintaining the perimeter security of prisons. Complete details of the Department of Corrections’ budget and other agency budgets can be found online at http://floridahousebudget.state.fl.us/. DOC LEGISLATIVE PACKAGE Senate Bill 1792 – Relating to the Department of Corrections The bill clarifies the use of the Employee Benefit Trust Fund and codifies the Department’s accountability use of the Trust Fund. Specifically, the bill: Requires additional oversight and centralized accountability by having the Department to establish a separate and distinct set of accounts maintained by central office for proper oversight via the Secretary and audit by the Department’s Inspector General. Requires the Department to provide an annual report on the usage and status of the fund. Authorizes that the Fund may also be used for employee appreciation and assistance programs and activities and charitable and community support programs. Authorizes additional revenue sources for the fund that include staff canteens and the net proceeds of the recycling program. The Department currently has the authority to use blue lights on some of its emergency vehicles. However, these vehicles are not equipped with sirens to alert the public nor are the vehicle and driver permitted to deviate from traffic control signals. This bill will permit the Secretary to designate emergency vehicles to include sirens and the vehicle to deviate from traffic control devices when operating in an emergency. This will enhance security by addressing the difficulties relating to transporting inmates in medical emergency situations and assisting law enforcement during inmate escapes and mutual aid calls.The Department will provide appropriate training for our officers. The bill makes several changes to current probation law to add efficiencies to the working relationship between correctional probation officers, local law enforcement, counties and the courts. Specifically, the bill: May alleviate crowding in local jails by allowing trial judges to issue a “notice to appear,” rather than arresting the offender, in certain circumstances. Provides that the probationary period is still tolled when circumstances necessitate that a warrantless arrest be conducted. Expedites the violation process by authorizing the chief judge of each judicial circuit and the Department to use a notification letter of a technical violation in appropriate cases. Requires the probation officer to provide the court with a recommendation and reasons as to the disposition by the court of an offender’s violation. Requires the Department to conduct a caseload and risk-assessment study to determine management caseload ratios for offenders on state supervision, by December 31, 2007. CORRECTIONS FOUNDATION LICENSE PLATE Senate Bill 1900 — Relating to Specialty License Plates The bill directs the Department of Highway Safety and Motor Vehicles to issue a Corrections Foundation specialty license plate. A $25 annual use fee, in addition to other taxes and fees, will be charged for this new specialty license plate. The fee shall be distributed to Corrections Foundation, Inc. to expand the work of the foundation. COMMUNITY CORRECTIONS Senate Bill 146 – Relating to the Anti-Murder Act The Anti-Murder Act creates a class of persons known as “violent felony offenders of special concern” who are either on probation for committing certain violent offenses or who violate probation by committing certain qualifying (non-monetary) violations. The bill requires these probation violators to be held in jail without bond until the court conducts a probation violation hearing. The court must also make a written finding as to whether such offender poses a “danger to the community”. If the court determines that the offender is a violent felony offender of special concern, the court must revoke the offender’s probation. The bill requires that the Department, counties and the state attorneys to provide certain information to the courts. Lastly, the bill directs the Department to coordinate the preparation of a report, by February 1, 2008, that identifies barriers to implementation. Senate Bill 988 – Relating to High-Risk Offenders The bill amends the Jessica Lunsford Act’s provisions relating to background checks for contractors on school grounds. Furthermore, the bill requires sexual predators and sexual offenders to obtain a driver’s license or identification card that has a designated marking on the front. Senate Bill 1004 – Relating to Cybercrimes Against Children Act of 2007 The bill creates new felony offenses for misrepresenting age in the course of committing certain sexual offenses against minors and for traveling to meet a minor to engage in unlawful sexual conduct with a child or person thought to be a child, or to persuade the child’s guardian to consent to the child’s participation in sexual conduct.   As of October 1, 2007, sexual predators and sexual offenders will be required to register any email address and instant message name with the Florida Department of Law Enforcement (FDLE) prior to use and to update any changes. Senate Bill 1604 — Sexual Offenders and Predators The bill revises Florida’s laws regarding registration of sexual predators and sexual offenders to comply with the federal “Adam Walsh Child Protection and Safety Act of 2006” (“Adam Walsh Act”). Specifically, sexual predators and certain sexual offenders will required to report in person at the sheriff’s office every three months, rather than every six months. The Department and other agencies will be required to report to the Florida Department of Law Enforcement (FDLE) the failure of a sexual predator or sexual offender to comply with registration requirements. Sexual predators and certain offenders will be required to maintain registration for life. FDLE will be required to develop and maintain a system to provide automatic notification of registration information to the public. Lastly, certain younger offenders will be able to petition for removal of registration requirements, under limited circumstances. SUICIDE PREVENTION House Bill 139 – Suicide Prevention This bill creates the Office of Suicide Prevention as a unit of the Office of Drug Control, and prescribes certain duties. The Suicide Prevention Coordinating Council is established to advise the office on the development of a statewide plan for suicide prevention and must prepare and submit an annual report to the Governor and Legislature regarding suicide prevention programs, activities, and future initiatives. Furthermore, the bill authorizes the Office to solicit grants from federal, state, and local sources to fund operations and expenses of the Office and the Council. The Secretary of the Department of Corrections is a member of this Council. MENTAL HEALTH House Bill 1477 - Relating to Forensic Mental Health The bill provides matching grants to communities to bring together criminal justice, mental health, and community leaders to develop local programs to identify and treat adults and juveniles with mental health problems to reduce their burden on the criminal justice system. The bill also establishes the Criminal Justice Mental Health Policy Council to coordinate policy among state agencies, and creates the Public Safety, Mental Health, and Substance Abuse Technical Assistance Center at the University of South Florida, to help communities plan and implement their local efforts. The Department of Corrections will have a representative on the Council. LAW ENFORCEMENT AND CORRECTIONAL OFFICERS House Bill 73 – Relating to Florida Highway Patrol / Sergeant Nicholas Sottile Act The bill provides that any state law enforcement agency that has 1,200 or more officers must be in a bargaining unit that is separate from officers in other state law enforcement agencies. House Bill 123 - Relating to Law Enforcement & Correctional Officers The bill requires the investigating agency to interview all identifiable witnesses, whenever possible, and provide the officer with all witness statements and the complaint, before interviewing the accused officer. The officer under investigation can waive the right to review the complaint and witness statements prior to his or her interview. Furthermore, the bill amends current law to require any political subdivision (excluding state agencies) that initiate or receive a complaint against a law enforcement officer or correctional officer to forward the complaint to the officer’s employing agency. This must be done within 5 business days. House Bill 143 — Criminal Justice Commission The bill requires the Criminal Justice Standards and Training Commission to implement the federal Law Enforcement Officers Safety Act of 2004. The Commission must develop and authorize a uniform proficiency verification card to be issued to persons who achieve a passing score on the firing range testing component of the minimum firearms proficiency course. All costs associated with the testing component will be at the expense of the person being tested. House Bill 547 — Law Enforcement Personnel/Employment The bill requires a law enforcement officer, correctional officer, or correctional probation officer to pass a physical examination in order to presumptively claim that their tuberculosis, heart disease, or hypertension resulting in total or partial disability or death was accidental and suffered in the line of duty. The bill authorizes an agency that employs law enforcement personnel to establish standards regarding the use of tobacco. State of Florida correctional officers and probation officers are already required to complete a physical examination for employment with the Department. House Bill 723 - Relating to Correctional/Law Enforcement Officer This bill requires agency investigators to verify that the contents of an investigation report, regarding a law enforcement or correctional officer, are true and accurate. Such verification must come in the form of a signed statement, as prescribed in the statute. The bill further requires the officer under investigation to make statements made during the course of the investigation, regardless of form, under oath. STATE ADMINISTRATION House Bills 55 – Domestic Violence and House Bill 63 – Relating to Public Records House Bill 55 requires employers to allow employees who have been employed for at least 3 months to request or take up to three working days of leave with or without pay within a 12-month period if the employee is the victim of domestic violence and the leave is sought for specific reasons outlined in this bill. House Bill 63 creates a public records exemption for personal identifying information contained in records documenting the act(s) of domestic violence, as submitted to an agency to obtain leave. Furthermore, the bill creates a public records exemption for such written requests for leave and any agency time sheet that reflects such requests. House Bill 699 – Veteran / Public Employment Preference As a result of this bill, if a person claims a veterans’ preference, and is employed by a government entity, that person may claim a veterans’ preference when applying for non-exempt government positions in the future. Senate Bill 1424 – Relating to State Financial Matters The bill limits the initiation of fixed capital outlay projects through the budget amendment process, and clarifies that the Legislature may designate the timing and amount of an appropriation to be released in a bill other than the General Appropriations Act. Senate Bill 1760 – Relating to Custodian of Public Records The bill requires a custodian of public records or designee to promptly acknowledge requests to inspect or copy records and to respond to such requests in good faith. The bill further the reasonable efforts that constituent a “good faith response.” Senate Bill 1972 – Relating to Leasing of Private Property by State Agencies This bill provides for state agency use of invitations to negotiate when soliciting for leased space in privately owned buildings. An invitation to negotiate may be used only when an invitation to bid or a request for proposal will not result in the best value to the state. The bill allows agencies to use the services of a tenant broker in procuring leased space if the tenant broker is an awarded vendor on a term contract that contains specified provisions. Agencies may use the services of the current tenant broker until October 15, 2007, with the prior approval of the Department of Management Services (DMS). The bill further requires agencies to report to and consult with DMS. Senate Bill 1974 – Relating to State Information Technology This bill creates the Agency for Enterprise Information Technology (AEIT) headed by the Governor and Cabinet.The Agency will be responsible for the development of large-scale, or enterprise, information technology activities that span groups of state departments and commissions. AEIT is specifically directed and funded to develop policy recommendations for the Legislature. The initial elements to consider are data center consolidation, alternative acquisition policies on the replacement of equipment, messaging systems, customer relationship management systems, and information security. The bill requires each agency to notify AEIT when an information security incident occurs or data is compromised. Senate Bill 2866 – Relating to Florida Civil Commitment Center for Sexually Violent Predators This bill authorizes employees of the Civil Commitment Center (Jimmy Ryce Center) to use non-lethal force on persons committed to the program under certain circumstances. This bill also requires the agency having jurisdiction over an individual who is convicted of a sexually violent offense and who is being evaluated for civil commitment to provide any available documentation indicating whether the offender’s criminal history includes incidents involving sexual acts or sexual motivation. In addition, the bill clarifies that the Department of Children and Family Services and its subcontractors may hire certified correctional officers at such a facility. House Bill 7177 – Relating to Florida Government Accountability Act This bill modifies the Florida Governmental Accountability Act relating to the review of state agencies and advisory committees.This bill sets a new review schedule for the agencies, providing additional time for the Legislature to review each group of entities. The Department of Corrections must be reviewed by July 1, 2020. The bill makes other modifications to clarify the roles and duties of the review committees, the Office of Program Policy Analysis and Government Accountability, and the Auditor General. CRIMINAL PENALTY BILLS Senate Bill 2 – Relating to Unattended Child in Motor Vehicle This bill makes it a second degree misdemeanor to leave a child under the age of six unattended or unsupervised in a vehicle for longer than 15 minutes. If the child suffers great bodily harm or permanent disability or disfigurement it becomes a third degree felony. House Bill 25 – Relating to Adam Arnold Act/DUI The bill requires the imposition of a two-year minimum mandatory sentence for the offense of leaving the scene of a deadly accident, where the offender was driving under the influence.An offender is required to make restitution upon conviction for such an offense. Lastly, the bill requires the imposition of a four-year minimum mandatory sentence for the offense of DUI manslaughter. Senate Bill 184 – Relating to Strangulation/Domestic Battery The bill amends current law to provide that a person commits domestic battery by strangulation, if: the person knowingly and intentionally, against the will of another, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he or she is in a dating relationship, so as to create a risk of or cause great bodily harm, by applying pressure on the throat or neck of the other person, or by blocking the other person’s nose or mouth. House Bill 339 – Relating to Federal Law Enforcement Officers The bill includes federal law enforcement officers under the protection of Florida Statutes that enhance penalties for assaults and batteries against certain law enforcement and emergency service providers. Various minimum mandatory sentences will apply. The bill further matches the penalties for impersonating a federal law enforcement officer with the penalties associated with impersonating other law enforcement officers. House Bill 409 – Relating to Criminal Sentencing The bill increases the lowest permissible sentence which must be imposed for the offenses of attempted felony murder and second degree murder when the offense is committed against a law enforcement officer, correctional officer, state attorney or judge. House Bill 449 – Relating to Criminal Offenses/State of Emergency This bill reclassifies the felony degree of certain burglary and theft offenses if any of them were committed within a county that is subject to a state of emergency declared by the Governor. The bill further creates two new felony offenses, burglary of an authorized emergency vehicle and theft of law enforcement equipment valued at more than $300 from an authorized emergency vehicle. Senate Bill 1155 – Relating to Drugs The bill creates a third-degree felony offense for any person who, with the intent to injure or defraud any person or to facilitate any violation of specified prohibited acts under the Florida Comprehensive Drug Abuse Prevention and Control Act, sells, manufactures, alters, delivers, utters, or possesses any counterfeit resistant prescription blanks for controlled substances. House Bill 1441 – Relating to Female Genital Mutilation The bill makes it a felony to perform or contribute to the performance of Female Genital Mutilation on a female younger than 18 years of age. Senate Bill 1644 – Relating to Retail Theft This bill amends the theft statute to provide that it is a second degree felony to coordinate the activities of one or more persons in committing theft where the stolen property has a value in excess of $3,000. OTHER BILLS OF INTEREST Senate Bill 156 – Relating to Veterans Defined Wartime Service According to this bill, veterans who have served honorably during Operations Enduring Freedom and/or Iraqi Freedom would qualify for wartime service benefits. Senate Bill 404 – Relating to the Housing and Construction Industry The bill provides that during the certification and registration process for construction contracting, the licensure may not be denied based solely upon a felony conviction or the applicant’s failure to provide proof of restoration of civil rights. House Bill 989 – Relating to Crime Victims This bill expands the rights and services for victims of sexual offenses, including sexual battery and lewd or lascivious offenses.Several of the changes were necessary to receive federal grant funding for law enforcement programs, victim advocacy services, and enhanced prosecution through the Violence Against Women Act.