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Marjory Stoneman Douglas High School Public Safety Act Signed Into Law

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Critical public safety legislation establishes
safeguards designed to enhance safety in schools

Florida Governor Rick Scott today signed Senate Bill 7026, The Marjory Stoneman Douglas High School Public Safety Act. The legislation represents a comprehensive approach to addressing the issues presented by the tragedy at Marjory Stoneman Douglas High School in Parkland, Florida, including firearm and school safety, and community mental health resources.

“I am pleased to see this comprehensive public safety legislation become law today. The Florida Legislature and Governor Scott worked diligently in the days following this horrific shooting to seek input from survivors and their families, as well as concerned citizens across the state,” said Florida Senate President Joe Negron (R-Stuart). “We can never replace the 17 lives lost at Marjory Stoneman Douglas High School, but in their memory we can, and through this legislation we will, do more to prevent a senseless tragedy like this from ever happening again.”

“The safety of our children is the top priority for all of us in public service. I appreciate the hard work of my colleagues and Governor Scott as we crafted an immediate plan of action to identify where the gaps exist in funding and policy for firearm and school safety, as well as community mental health resources,” said Senator Bill Galvano (R-Bradenton) who authored Senate Bill 7026. “The advice of survivors and the family members of the victims played a key role in the development of this legislation, and I was reassured to see the families of the victims join Governor Scott to see this legislation become law today.”

A summary of The Marjory Stoneman Douglas High School Public Safety Act is below.

Mental Health

In the area of mental health the legislation makes significant changes to keep firearms out of the hands of those suffering from mental illness:

  • Authorizes a law enforcement officer who is taking a person into custody for an involuntary examination under the Baker Act to seize and hold a firearm or ammunition from the person for 24 hours after the person is released and does not have a risk protection order against them or is the subject of a firearm disability.
  • Prohibits a person who has been adjudicated mentally defective or who has been committed to a mental institution from owning or possessing a firearm until a court orders otherwise.
  • Creates a process for a law enforcement officer or law enforcement agency to petition a court for a risk protection order to temporarily prevent persons who are at high risk of harming themselves or others from accessing firearms when a person poses a significant danger to himself or herself or others, including significant danger as a result of a mental health crisis or violent behavior. The bill also:
    • Allows a court to issue a risk protection order for up to 12 months.
    • Requires the surrender of all firearms and ammunition if a risk protection order is issued.
    • Provides a process for a risk protection order to be vacated or extended.

Firearm Safety

The legislation also provides new provisions to ensure full and complete background checks when a firearm is purchased:

  • Requires a three-day waiting period for all firearms, not just handguns or until the background check is completed, whichever is later. Provides exceptions for:
  • Concealed weapons permit holders, and
  • For the purchase of firearms other than handguns, an exception for:
    • Individuals who have completed a 16 hour hunter safety course;
    • Individuals holding a valid Florida hunting license; or
    • Law enforcement officers, correctional officers and service members (military and national guard)

The bill addresses two of the most frequent requests Senators heard from the families of victims simply to raise the age for purchasing a firearm and ban devices that turn a legal firearm into an illegal weapon.

  • Prohibits a person under 21 years of age from purchasing a firearm, and prohibits licensed firearm dealers, importers, and manufacturers, from selling a firearm, except in the case of a member of the military, or a law enforcement or correctional officer when purchasing a rifle or shotgun. (Persons under 21 years of age are already prohibited from purchasing a handgun under federal law.)
  • Prohibits a bump-fire stock from being imported, transferred, distributed, sold, keeping for sale, offering for sale, possessing, or giving away within the state.

School Safety

The bill improves school safety through the following provisions:

  • Establishes the Marjory Stoneman Douglas High School Public Safety Commission to investigate system failures in the Parkland school shooting and prior mass violence incidents, and develop recommendations for system improvements.
  • Codifies the Office of Safe Schools within the Florida Department of Education (DOE) and which will service as a central repository for the best practices, training standards, and compliance regarding school safety and security.
  • Permits a sheriff to establish a Coach Aaron Feis Guardian Program.
    • The legislation allows school districts to decide whether to participate in the guardian program if it is available in their county.
    • A guardian must complete 132 hours of comprehensive firearm safety and proficiency training, pass psychological evaluation, submit to and pass drug tests; and complete certified diversity training. The guardian program is named after Coach Aaron Feis, who lost his life protecting students during the shooting at Marjory Stoneman Douglas High School. The guardian program is completely voluntary for a sheriff to establish, for a school district to participate, and for an individual to volunteer.
    • Individuals who exclusively perform classroom duties as classroom teachers are excluded from participating in a Coach Aaron Feis Guardian Program. However, this limitation does not apply to classroom teachers of a Junior Reserve Officers’ Training Corps program; a current service member; and a current or former law enforcement officer.
  • Requires each district school board and school district superintendent to cooperate with law enforcement agencies to assign one or more safe-school officers at each school facility.  The safe-school officer requirement can be satisfied by appointing any combination of a school resource officer, a school safety officer, or a school guardian.
  • Requires each district school board to designate a district school safety specialist to serve as the district’s primary point of public contact for public school safety functions.
  • Requires each school district to designate school safety specialists and a threat assessment team at each school, and requires the team to operate under the district school safety specialist’s direction.
  • Requires the DOE to contract for the development of a Florida Safe Schools Assessment Tool which will assist school districts in conducting security assessments to identify threats and vulnerabilities.
  • Creates the mental health assistance allocation to assist school districts in establishing or expanding school-based mental health care.

The legislation also:

  • Prohibits a person from making, posting, or transmitting a threat to conduct a mass shooting or an act of terrorism.
  • Requires DCF to contract for community action treatment teams to provider behavioral health and support services.
  • Requires FDLE to procure a mobile app that would allow students and the community to relay information anonymously concerning unsafe, dangerous threats. The students of Marjory Stoneman Douglass recommended that the program be named “FortifyFL”

Funding

The legislation appropriates $400 million to implement the bill provisions, including the following:

  • Over $69 million to the DOE to fund the mental health assistance allocation.
  • $1 million for the design and construction of a memorial honoring those who lost their lives on February 14, 2018, at Marjory Stoneman Douglas High School.
  • Over $25 million for replacing building 12 at Marjory Stoneman Douglas High School.
  • Over $67 million for sheriff’s offices who decide to establish a school guardian program.
  • Over $97 million to aid for the safe schools allocation.
  • Over $98 million to implement a grant program for improving and hardening the physical security of school buildings.
  • $18.3 million to DCF for additional mobile crisis teams to ensure reasonable access among all counties.

Senate Passes Marjory Stoneman Douglas High School Public Safety Act

Posted on

Critical public safety legislation establishes
safeguards designed to enhance safety in schools

The Florida Senate today passed Senate Bill 7026, The Marjory Stoneman Douglas High School Public Safety Act. The legislation represents a comprehensive approach to addressing the issues presented by the tragedy at Marjory Stoneman Douglas High School in Parkland, Florida, including firearm and school safety, and community mental health resources.

“The opportunity to meet with and listen to survivors of the Marjory Stoneman Douglas High School shooting as well as the families of the victims has had a tremendous impact on each and every Senator and has significantly influenced the development of this important legislation,” said Senator Bill Galvano (R-Bradenton) who presented Senate Bill 7026 today. “We are listening. The Senate hears you and we are taking the appropriate steps to help ensure that a senseless tragedy like this never happens again.”

“We can never replace the 17 lives that were lost at Marjory Stoneman Douglas High School, and we can never erase the traumatic experience that lives on in the memories of those who survived this horrific attack. However, we will do everything we can to address the failure of government to effectively address the numerous warning signs that should have identified the perpetrator as a danger to others. We can and we will increase the resources available to identify and treat those suffering from mental illness, improve the safety and security of our schools, and ensure those suffering from mental illness do not have access to firearms,” said Senate President Joe Negron (R-Stuart).

A summary of The Marjory Stoneman Douglas High School Public Safety Act is below.

Mental Health

In the area of mental health the legislation makes significant changes to keep firearms out of the hands of those suffering from mental illness:

  • Authorizes a law enforcement officer who is taking a person into custody for an involuntary examination under the Baker Act to seize and hold a firearm or ammunition from the person for 24 hours after the person is released and does not have a risk protection order against them or is the subject of a firearm disability.
  • Prohibits a person who has been adjudicated mentally defective or who has been committed to a mental institution from owning or possessing a firearm until a court orders otherwise.
  • Creates a process for a law enforcement officer or law enforcement agency to petition a court for a risk protection order to temporarily prevent persons who are at high risk of harming themselves or others from accessing firearms when a person poses a significant danger to himself or herself or others, including significant danger as a result of a mental health crisis or violent behavior. The bill also:
    • Allows a court to issue a risk protection order for up to 12 months.
    • Requires the surrender of all firearms and ammunition if a risk protection order is issued.
    • Provides a process for a risk protection order to be vacated or extended.

 

Firearm Safety

The legislation also provides new provisions to ensure full and complete background checks when a firearm is purchased:

  • Requires a three-day waiting period for all firearms, not just handguns or until the background check is completed, whichever is later. Provides exceptions for:
  • Concealed weapons permit holders, and
  • For the purchase of firearms other than handguns, an exception for:
    • Individuals who have completed a 16 hour hunter safety course;
    • Individuals holding a valid Florida hunting license; or
    • Law enforcement officers, correctional officers and service members (military and national guard)

The bill addresses two of the most frequent requests Senators heard from the families of victims simply to raise the age for purchasing a firearm and ban devices that turn a legal firearm into an illegal weapon.

  • Prohibits a person under 21 years of age from purchasing a firearm, and prohibits licensed firearm dealers, importers, and manufacturers, from selling a firearm, except in the case of a member of the military, or a law enforcement or correctional officer when purchasing a rifle or shotgun. (Persons under 21 years of age are already prohibited from purchasing a handgun under federal law.)
  • Prohibits a bump-fire stock from being imported, transferred, distributed, sold, keeping for sale, offering for sale, possessing, or giving away within the state.

 

School Safety

The bill improves school safety through the following provisions:

  • Establishes the Marjory Stoneman Douglas High School Public Safety Commission to investigate system failures in the Parkland school shooting and prior mass violence incidents, and develop recommendations for system improvements.
  • Codifies the Office of Safe Schools within the Florida Department of Education (DOE) and which will service as a central repository for the best practices, training standards, and compliance regarding school safety and security.
  • Permits a sheriff to establish a Coach Aaron Feis Guardian Program.
    • The legislation allows school districts to decide whether to participate in the guardian program if it is available in their county.
    • A guardian must complete 132 hours of comprehensive firearm safety and proficiency training, pass psychological evaluation, submit to and pass drug tests; and complete certified diversity training. The guardian program is named after Coach Aaron Feis, who lost his life protecting students during the shooting at Marjory Stoneman Douglas High School. The guardian program is completely voluntary for a sheriff to establish, for a school district to participate, and for an individual to volunteer.
    • Individuals who exclusively perform classroom duties as classroom teachers are excluded from participating in a Coach Aaron Feis Guardian Program. However, this limitation does not apply to classroom teachers of a Junior Reserve Officers’ Training Corps program; a current service member; and a current or former law enforcement officer.
  • Requires each district school board and school district superintendent to cooperate with law enforcement agencies to assign one or more safe-school officers at each school facility.  The safe-school officer requirement can be satisfied by appointing any combination of a school resource officer, a school safety officer, or a school guardian.
  • Requires each district school board to designate a district school safety specialist to serve as the district’s primary point of public contact for public school safety functions.
  • Requires each school district to designate school safety specialists and a threat assessment team at each school, and requires the team to operate under the district school safety specialist’s direction.
  • Requires the DOE to contract for the development of a Florida Safe Schools Assessment Tool which will assist school districts in conducting security assessments to identify threats and vulnerabilities.
  • Creates the mental health assistance allocation to assist school districts in establishing or expanding school-based mental health care.

The legislation also:

  • Prohibits a person from making, posting, or transmitting a threat to conduct a mass shooting or an act of terrorism.
  • Requires DCF to contract for community action treatment teams to provider behavioral health and support services.
  • Requires FDLE to procure a mobile app that would allow students and the community to relay information anonymously concerning unsafe, dangerous threats. The students of Marjory Stoneman Douglass recommended that the program be named “FortifyFL”

 

Funding

The legislation appropriates $400 million to implement the bill provisions, including the following:

  • Over $69 million to the DOE to fund the mental health assistance allocation.
  • $1 million for the design and construction of a memorial honoring those who lost their lives on February 14, 2018, at Marjory Stoneman Douglas High School.
  • Over $25 million for replacing building 12 at Marjory Stoneman Douglas High School.
  • Over $67 million for sheriff’s offices who decide to establish a school guardian program.
  • Over $97 million to aid for the safe schools allocation.
  • Over $98 million to implement a grant program for improving and hardening the physical security of school buildings.
  • $18.3 million to DCF for additional mobile crisis teams to ensure reasonable access among all counties.

Senate Passes Proposed Constitutional Amendment Requiring Supermajority Vote for Tax Increases

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Florida voters can require two-thirds vote of both the House and Senate to raise taxes

The Florida Senate today passed HJR 7001, Supermajority Vote for State Taxes or Fees. The legislation proposes an amendment to Florida’s Constitution to require that a state tax or fee imposed, authorized, or raised by the Legislature, be approved by two-thirds of the membership of each house of the Legislature.

“Florida families plan their budgets carefully to make every dollar count and the Legislature exercises the same attentiveness when appropriating the tax dollars Floridians send us,” said Senate President Joe Negron (R-Stuart). “Just like Florida families, state government should live within its means.”

“When families across Florida have to find a way to pay for medical bills, braces, a new car, or a broken appliance, they have to sacrifice either by cutting expenses or increasing revenues by working extra hours, or taking on a second job,” said Senator Kelli Stargel (R-Lakeland), Chair of the Appropriations Subcommittee on Finance and Tax, who presented HJR 7001 on the Senate floor. “State government should be just as diligent with determining when to make cuts and when to increase revenues. This important legislation gives voters a chance to make it harder for the Legislature to raise state taxes and fees.”

The amendment proposed in HJR 7001 will take effect on January 8, 2019, if approved by sixty percent of the voters.

Florida Senate Committee Sends Payday Lending Bill To Floor Over Strong Objections

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New Report Documents Payday Lenders’ $8 million Investment

A bill that creates a new predatory lending product passed out of the Senate Rules Committee Thursday morning and heads to the Senate Floor. A companion bill is already headed to the House floor. SB 920 and HB 857 would double the amount lenders may loan to each borrower and increase the cost to the consumer for the loans, with annual interest rates over 200%. Senator Anitere Flores (R) and Senator Jose Javier Rodriguez (D) voted against the bill.

“The payday lending expansion bill shot through the committee process,” said Alice Vickers, of the Florida Alliance for Consumer Protection. “You would think a product that is so damaging to the financial stability of so many households would give lawmakers pause. But they seem only to have ears for the payday lenders.”

A new report released this morning by the Florida Consumer Action Network and Every Voice Counts, “Payday Lender Influence in Florida,” documents the dollars payday lenders have spent in Florida. The report found that between campaign contributions and lobbying expenditures, payday lenders have spent at least $8 million in Florida since 2007.

Payday lenders claim they need a new product in Florida to avoid falling under a rule by the federal Consumer Financial Protection Bureau, which is meant to protect people from long-term debt traps. But the CFPB rule is under attack in Washington and may never take effect. Regardless, SB 920 and HB 857 would expand payday lending in Florida, which relies on trapping borrowers in a cycle of high-cost loans.

Reform passed in 2001 failed to stop the cycle of debt that payday lending intentionally creates. Payday lenders obtain 75% of their revenue from customers caught in 10 loans per year. In Florida, over 83% of loans go to people with seven or more loans per year, and the payday lenders suck over $300 million annually out of Florida’s economy.

At a Tuesday press conference, Rev. James T. Golden, of the AME Church of Florida said, “While I do not begrudge any business from making a profit, I do not think that it is fair that most of the profit from this business comes from the backs of people who can least afford it. If you want to provide a service, provide it. But if you want to create a situation where people are just not able to get beyond where they are, the payday lending industry is for you.”

Jared Nordlund with UnidosUS, opponents of the bill said, “We do not see usurious loans as a valid alternative for any consumer. Our communities are targeted by these businesses, and we should not be a haven for these predatory lenders.”

“We cannot support loans that place borrowers in a cycle of debt with 50% of these loans going to borrowers with 12 or more loans per year,” said Marucci Guzmán, Executive Director of Latino Leadership. “We look to our legislators to do a better job helping our community meet its financial needs.”

Calls to kill SB 920/HB 857 continue from the NAACP Florida State Conference, Cooperative Baptist Fellowship of Florida, Florida Conference of Catholic Bishops, Florida Council of Churches, and 11th District Episcopal AME Church, Latino Leadership, Florida Prosperity Partnership, Florida Veterans for Common Sense, UnidosUS, Florida Hispanic Unity, Florida Legal Services, League of Southeastern Credit Unions, Catalyst Miami, Solita’s House, Jacksonville Area Legal Aid, Beaches Habitat for Humanity and a growing list of other organizations in Florida.

Senate Celebrates Military Appreciation and National Guard Day at the Capitol

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Senate Considers Key Legislation to Support
Active Duty Military, Veterans, and Their Families

The Florida Senate today celebrated Military Appreciation and Florida National Guard Day at the Capitol by considering several pieces of legislation designed to help solidify Florida’s reputation as the friendliest state in the nation for active duty military, veterans and their families. Led by Senator Audrey Gibson (D-Jacksonville), chair of the Senate Committee on Military and Veterans Affairs, Space and Domestic Security, the Senate also honored the Florida National Guard, as well as Senators and Senate Professional Staff who have served in the Unites States Armed Forces.

“We are so pleased to welcome and honor our Adjutant General, Major General Michael Calhoun and several members of the Florida National Guard,” said Senator Gibson who sponsored a Senate resolution honoring the Florida National Guard for their service during the 2017 Hurricane Season. “When Floridians are facing some of the most challenging times, the Florida National Guard is at its best springing into action at a moment’s notice to help Floridians in need. We are so grateful for their courageous service to our state during the recent hurricane season.”

“My Senate colleagues and I are committed to enacting policies that keep Florida the number one state for active duty members of our armed forces, veterans, and their families,” said Senate President Joe Negron (R-Stuart). “The legislation we discussed today sends a clear message that Florida is truly the Welcome Home State. From veterans of the War on Terror returning from Iraq or Afghanistan and looking to further their education, to Lieutenant Sconiers whose remains made it home to Florida nearly seventy five years after he gave his life for the freedom of others, we are honored that so many of our nation’s finest choose to call Florida home.”

The Senate considered the following legislation today. The legislation will be available for final passage later this week.

Identification Card and Driver License Fees for Veterans

Senate Bill 100, Identification Card and Driver License Fees for Veterans, by Senator Greg Steube (R-Sarasota), eliminates the $1 or $2 fee a veteran must pay to have the word “Veteran” displayed on an identification card or driver license issued by the Department of Highway Safety and Motor Vehicles (DHSMV).

Additionally, Senate Bill 100 prohibits tax collector offices from charging the $6.25 service fee for driver license services rendered, upon providing the specified documentation proving veteran status. The bill also provides for additional forms of identification a veteran may present to the DHSMV as proof of veteran status.

Postsecondary Fee Waivers

Senate Bill 460, Postsecondary Fee Waivers, by Senator George Gainer (R-Panama City), authorizes a Florida College System institution to waive certain fees for a person who is an active duty member of the U.S. Armed Forces and using military tuition assistance provided by the U.S. Department of Defense.

Florida Veterans Care Program

Senate Bill 440, Florida Veterans Care Program, by Senator Rene Garcia (R-Hialeah), addresses specific access and quality of care concerns Florida’s veterans continue to face by authorizing the state to operate the Florida Veterans Care Program (program), which would offer veterans and their families an alternative gateway to quality medical coverage.

Through use of the existing infrastructure and operations of the Statewide Medicaid Managed Care program, or a similar program, veterans and their families would be able to voluntarily enroll and elect coverage quickly through participating managed care plans as an alternative to the federal veterans’ health care system. The program is designed to be administratively simple, and would seek to leverage existing managed medical assistance and long-term care operations to reduce costs and expand choices. The bill authorizes the Agency for Health Care Administration, the Department of Children and Families, and the Florida Department of Veterans’ Affairs to negotiate with the federal government for federal funding for the program, but the program may not be implemented without prior legislative approval.

Lieutenant Ewart T. Sconiers Highway

Senate Bill 330, Transportation Facility Designations/Lieutenant Ewart T. Sconiers Highway, by Senator Gainer designates the portion of U.S. 90/S.R. 10 between S.R. 285 and N. 9th Street/S.R. 83 in Walton County as “Lieutenant Ewart T. Sconiers Highway.”

Lieutenant Sconiers was born in 1915 and raised in DeFuniak Springs, Florida. He attended the University of Florida before enlisting in the Army on September 16, 1941. He was shot down and captured on October 21, 1942. He was imprisoned in German-occupied Poland and later passed away there on January 24, 1944. In April of 2017, his remains were found and positively identified. After nearly seventy-five years, Lieutenant Sconiers was laid to rest in DeFuniak Springs with full military honors on January 27, 2018.

Senate Fracking Ban Bill on Life Support

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Yesterday, Sen. Rob Bradley (R-Fleming Island) posted the agenda for the February 27 Senate Appropriations Committee hearing. The agenda for this meeting does not include Sen. Dana Young’s (R-Tampa) fracking ban bill (SB 462). 

Floridians Against Fracking, a statewide network of over 60 groups and 200 businesses, strongly disagrees with Senator Bradley’s decision to deny this bipartisan bill from moving to a full Senate floor vote. 

Brian Lee, Floridians Against Fracking’s Legislative Director, stated “The fracking ban has broad, bipartisan support in both chambers because the people of Florida have been demanding it to protect our water, our tourism economy, and our natural resources. If a fracking ban does not end up on the governor’s desk to sign this session, the people of Florida will see that as a failure of leadership.”

The Senate Environmental Preservation and Conservation Committee and the Appropriations Subcommittee on the Environment and Natural Resources have already unanimously approved Sen. Young’s fracking ban bill. Sen. Bradley voted yes on this legislation as the chair of the Environmental Preservation and Conservation committee. 

While the House counterpart bill has not yet been heard in any committee, the House has indicated that it would take up the Senate version of the bill if it should pass.

Although the clock is ticking on the traditional committee process, Senate President Joe Negron (R-Palm City) has the power to bring this bill up for a vote directly on the Senate floor, or in a future, unscheduled Appropriations Committee. 

To date, 90 local communities in Florida have issues ordinances or resolutions against fracking in the state. Senate leadership would be wise to look to them for guidance on this important environmental, health, and quality of life issue. 

This wide-ranging support should guide Sen. Bradley towards recognizing the importance of this bill. Instead, his misguided decision is playing into the hands of Big Oil and Gas and their agenda, which values profits over Florida’s water.

Senate Passes Balanced Budget Focused on Education, $3.4 Billion in Total Reserves

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$154 million for Florida Forever Programs, State Law Enforcement and Firefighter
Pay Raise, Historic Investments in Need and Merit-Based Student Financial Aid

The Florida Senate today passed Senate Bill 2500, the 2018-19 General Appropriations Act. This legislation forms a balanced budget for the 2018-19 fiscal year, prioritizing funding for Florida’s K–12 and higher education systems, while setting aside $3.4 billion in total reserves. The budget also makes critical investments in Florida’s environment, continues historic investments in need-based and merit-based student financial aid, and provides a pay raise for Florida’s state law enforcement officers and state firefighters, among others.

“I am pleased to see the Senate budget pass with strong bipartisan support today. The balanced budget that passed today is the product of thousands of informed decisions that reflect public testimony from our fellow citizens and input from the constituents we represent over the last several months,” said Senate President Joe Negron (R-Stuart). “From unprecedented per-student funding for K-12 education, to historic investments in need-based student financial aid for our college and university students, combined with the permanent expansion of Bright Futures, the Senate is committed to ensuring that all Florida students have an opportunity to achieve their educational goals.”

“This balanced budget ensures that we live within our means and responsibly plan for Florida’s future by setting aside ample reserves,” said Senator Rob Bradley (R-Fleming Island), Chair of the Senate Committee on Appropriations. “One important focus of the budget is our state employees. We want to continue to recruit and retain top talent for our state workforce, so the Senate budget includes targeted pay raises in areas where we see high amounts of turnover, including state law enforcement and state firefighters. Additionally, we continue our commitment to faithfully implement the voter-approved Water and Land Conservation Amendment with significant investments in Florida Forever and Everglades Restoration, as well as restoration of our beaches and springs.”

Senate Committee Advances Legislation to Protect Privacy and Guard Against Unconstitutional Searches

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SB 1256 updates Florida law regarding the search of household communication devices

The Florida Senate Committee on Criminal Justice, chaired by Senator Randolph Bracy (D-Ocoee), today passed Senate Bill 1256, Search of the Content, Information, and Communications of Cellular Phones, Portable Electronic Communication Devices, and Microphone-enabled Household Devices, by Senator Jeff Brandes (R-St. Petersburg). The legislation protects the constitutional rights of Floridians by addressing privacy issues related to the use of new communications technology.

“We need to make sure Florida laws keep pace with changes in technology,” said Senator Brandes. “With more and more families utilizing microphone-enabled communications tools to aid in daily household activities, this legislation makes sure our laws are clear with regard to when and how these devices can be subject to search.”

“Advancements in technology offer law enforcement new techniques for investigation and surveillance as they work to keep criminals off our streets. Likewise, the courts are facing new questions about the Fourth Amendment implications of this technology,” said Senate President Joe Negron (R-Stuart). “This legislation addresses current ambiguities and protects Floridians from unconstitutional searches of their property.”

Senate Bill 1256 prohibits the intentional, unlawful access, without authorization, to a cellular phone, portable electronic communication device, or microphone-enabled household device when a person obtains wire, oral, or electronic communications stored within the device.

The bill amends Florida law to add the term “electronic communications” to the current terminology of “wire and oral” communications in the legislative findings. Additionally, to provide clarity with regard to the application of this law, the bill also creates new legislative findings:

  • Recognizing a subjective and objectively reasonable expectation of privacy in precise location data. Finding that a warrant should be issued by a court for law enforcement to obtain the precise location of a person, a cellular phone, or a portable electronic communication device without the consent of the device owner.
  • Recognizing that portable electronic devices can store, and encourage the storage of, an almost limitless amount of personal and private information. Further recognizing that these devices are commonly used to access personal and business information, and other data stored in computers and servers that can be located anywhere in the world. Finding that a person who uses a portable electronic device has a reasonable and justifiable expectation of privacy in the information contained in the portable electronic device.
  • Recognizing that microphone-enabled household devices often contain microphones that listen for and respond to environmental triggers. Further recognizing that these devices are generally connected to and communicate through the Internet, resulting in the storage of and accessibility of daily household information in a device itself, or in a remote computing service. Finding that an individual should not have to choose between using household technological enhancements and conveniences, or preserving the right to privacy in one’s home.

Background

The Fourth Amendment of the United States Constitution guarantees the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated. Further, the Fourth Amendment guarantees no warrants shall issue without probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Under Fourth Amendment jurisprudence, a search occurs whenever the government intrudes upon an area in which a person has a reasonable expectation of privacy. A warrantless search is generally unreasonable, unless an exception to the warrant requirement applies. The Florida Constitution similarly protects the people against unreasonable searches and seizures, and that right is construed in conformity with the Fourth Amendment of the U.S. Constitution. Both the Florida and federal constitutions require a warrant to be supported by probable cause, as established by oath or affirmation, and to particularly describe the place to be searched, and items or people to be seized.

Constitutional Amendment Requiring Three-Fifths Vote for Tax Increases Passes First Senate Committee

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SJR 1742 would require three-fifths vote of both the House and Senate to raise taxes

The Florida Senate Appropriations Subcommittee on Finance and Tax, chaired by Senator Kelli Stargel (R-Lakeland), today passed SJR 1742, Supermajority Vote Required to Increase State Tax Revenues by Increasing State Taxes. The legislation proposes an amendment to Florida’s Constitution to require a law that imposes a new tax, increases the rate or amount of a tax, or expands a tax base, and that results in a net increase in state revenues, be approved by three-fifths of the membership of each house of the Legislature.

“Every dollar spent on taxes is one less that a family has to pay the mortgage, invest in a child’s college education, or save for the future. Families across our state plan their budgets carefully to make every dollar count, and this legislation ensures lawmakers do the same by giving voters a chance to make it harder for future legislatures to raise their taxes,” said Senate President Joe Negron (R-Stuart).

“Families across Florida understand the sacrifice it takes to increase family revenue by working extra hours, or taking on a second job, and they do not make those difficult decisions lightly,” said Senator Stargel. “Likewise, raising state revenues by taking more money from the pockets of hardworking Floridians should be difficult. This amendment gives voters a chance to make it harder for the Legislature to raise state taxes, and I am pleased to see it pass our committee today.”

The amendment proposed in SJR 1742 will take effect on January 8, 2019, if approved by sixty percent of the voters.

Florida Senate Committee to Hear Fracking Ban

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This evening, the Senate Environmental and Preservation Committee will hear Senate Bill 462, which bans fracking in Florida. The hearing comes less than a week after hundreds of Floridians flooded the Capitol to advocate for a fracking ban. 

To date, 90 local measures have been passed opposing fracking, a dangerous oil and gas excavation method that involves stimulating wells with a mixture of water, sand and chemicals.

WHAT: The Senate ban fracking bill, SB 462, will be heard in its first committee

WHEN: 4:30 PM, Monday, February 5th, 2018 (Note: the fracking ban bill is scheduled for the end of the committee hearing)

WHERE: Senate Environmental Preservation & Conservation Committee, Mallory Horne Committee Room, 37 Senate Office Building

Livestream the meeting on the Florida Channel: https://thefloridachannel.org/