Appropriations Committee on Criminal and Civil Justice

>>Chair Garcia: APPROPRIATIONS COMMITTEE ON CRIMINAL AND CIVIL JUSTICE WILL COME TO ORDER, SHEILA PLEASE CALL THE ROLL. >>Chair Garcia: HERE. >>Vice Chair Martin: HERE. >>Sen. Osgood: HERE. >>Sen. Polsky: HERE. >>Sen. Simon: HERE. >>Sen. Smith: HERE. >>Sen. Wright: HERE. >>Sen. Yarborough: HERE. >> A QUORUM IS PRESENT MADAM CHAIR. >>Chair Garcia: SILENCE ALL ELECTRONIC DEVICES, ANYONE WISHING TO SPEAK SHOULD COMPLETE AN APPEARANCE FORM AND HAND IT TO A MEMBER OF THE SERGEANTS OFFICE, SHOULD YOU WAIVE YOUR SPEAKING TIME YOUR POSITION WILL BE INCLUDED IN THE COMMITTEE MEETING RECORDS, NOW WE TAKE UP TAB ONE, COMMITTEE PROPOSED CRIMINAL AND CIVIL JUSTICE BUDGET AND GIVEN OUR FULL AND AMBITIOUS BILL AGENDA TODAY WE WILL COME BACK TO THE BUDGET AT THE END OF THE MEETING. NOW WE WILL TAKE UP TAB FOUR, TAB FOUR IS CS FOR SB 600 ON BAIL BONDS. OH NO. BY TRUENOW, I THOUGHT IT WAS WAIVING. SENATOR TRUENOW. SENATOR TRUENOW YOU ARE RECOGNIZED TO EXPLAIN THE BILL. >>Sen. Truenow: THANK YOU MADAM CHAIR. AND MEMBERS SENATE BILL 600 MAKES CHANGES TO THE BAIL BONDS AND PARTIAL RELEASE LAWS. THE BILL REVISES TRAINING REQUIREMENTS FOR BAIL BOND AGENTS BY REDUCING MANDATORY IN-PERSON CLASSROOM HOURS, TRIMS RESTRICTIONS ON SOLICITING BY BAIL BOND AGENTS AND AGENCIES, CLARIFIES PROCEDURES RELATED TO PARTIAL RELEASE CONDITIONS AND FINALLY THE BILL REQUIRES CLERKS OF THE COURT TO AUTOMATICALLY DISCHARGE AN EXISTING BOND IF THE COURT REVOKES PARTIAL RELEASE AND ORDERS DETENTION WITHOUT REQUIRING ADDITIONAL COURT ORDER, MEMBERS THAT IS THE BILL. >>Chair Garcia: THANK YOU SENATORS, QUESTIONS ON THE BILL. THERE ARE TWO AMENDMENTS. WE WILL BE TAKING UP AMENDMENT 1212465 SENATOR SEN. TRUENOW, YOU ARE RECOGNIZED TO EXPLAIN THE AMENDMENT. >>Sen. Truenow: MEMBERS 121426, THE AMENDMENT MAKES SEVERAL CHANGES INCLUDING REMOVING A PROHIBITION AGAINST BAIL BONDS AGENT, MAKING A SOLICITATION FOR BAIL TO CERTAIN PERSONS WITHOUT FIRST OBTAINING WRITTEN AUTHORIZATION. ALSO REVISING THE PROVISION THAT REQUIRES CASH BOND TO GO BACK TO THE NAME OF THE DEFENDANT TO SPECIFY THE CASH FUND MUST BE RECIPROCATED IN THE NAME OF ANY PERSON UNLESS THE DEPOSIT BE MADE BY CHARITABLE BAIL FUND, THIS DEPOSIT IS MADE BY A CHARITABLE BAIL FUND THE DEPARTMENT MUST BE RETURNED TO THE, IN THE DEFENDANT'S NAME. IT ALSO IN REMOVING A PROVISION THAT SPECIFIES THE CLERK OF THE COURT DOES NOT HAVE STANDING TO OBJECT TO A MOTION TO SET ASIDE A FORFEITURE OR A MOTION TO DISCHARGE A BOND FORFEITURE. IT ALSO REVISES THE TIME PERIOD FOR A REMISSION OF FORFEITURE FROM TWO YEARS TO 37 MONTHS WHICH WAS SUGGESTED BY CLERKS OF THE COURT TO BE BETTER ALIGNED WITH THEIR BUDGETING PROCEDURES. IT ALSO REMOVES A PROVISION REQUIRING CLERK OF THE COURT TO ISSUE A REMISSION WITHIN 10 DAYS OF A COURT ORDER AND INSTEAD REQUIRES THE COURT, THE CLERK TO ISSUE THE REMISSION ACCORDING TO ITS REGULAR PAYMENT SCHEDULE PROVIDED UNDER THE CURRENT LAW AND FINALLY THE AMENDMENT MAKES OTHER TECHNICAL CHANGES AND THAT IS THE AMENDMENT. >>Chair Garcia: THANK YOU SIR, ARE THERE QUESTIONS ON THE AMENDMENT? THERE IS -- JUST QUESTIONS ON THE AMENDMENT, OKAY, LATE FILED AMENDMENT TO THE AMENDMENT BARCODE 326448. ANY OBJECTION TO TAKING UP THE LATE FILED AMENDMENT TO THE AMENDMENT? WITHOUT OBJECTION SHOW IT INTRODUCED, SEN. TRUENOW YOU ARE RECOGNIZED TO EXPLAIN THE AMENDMENT TO THE AMENDMENT. >>Sen. Truenow: MEMBERS BARCODE 323648 IS TECHNICAL IN NATURE AND CORRECTS A DRAFTING ERROR. MEMBERS A LOT OF WORK WENT INTO THIS AMENDMENT BY THE PRINCIPAL STAKEHOLDERS AND I UNDERSTAND, THAT IS THE AMENDMENT. >>Chair Garcia: ANY QUESTIONS ON THE AMENDMENT TO THE AMENDMENT SENATORS, ANY OF NEWMAN'S FORMS FOR THE AMENDMENT TO THE AMENDMENT, CLERK, GREG HARRELL IS WAIVING IN SUPPORT, I THINK THAT'S IT. ANY DEBATE ON THE AMENDMENT TO THE AMENDMENT? SEN. TRUENOW YOU ARE RECOGNIZED TO CLOSE ON THE AMENDMENT TO THE AMENDMENT. >>Sen. Truenow: AS I WAS SAYING STAKEHOLDERS CREATED THIS POLICY TODAY AND I ASK FOR YOUR FAVORABLE SUPPORT. >>Chair Garcia: ALL IN FAVOR OF THE AMENDMENT SAY AYE, ALL OPPOSED SAY NAY, AMENDMENT TO THE AMENDMENT IS ADOPTED, BACK ON THE BILL AS AMENDED, ANY APPEARANCE FORMS ON THE MAIN AMENDMENT? OK. YOU HAVE A QUESTION? OKAY, SENATOR SMITH. >>Sen. Smith: THANK YOU MADAM CHAIR. THANK YOU SEN. TRUENOW, I'M SORRY AMENDMENTS ARE FLYING IN A LOT OF COMMITTEES TODAY SO IF I CAN ASK A CLARIFICATION ON YOUR BILL AS AMENDED, I'M TRYING TO UNDERSTAND NOW WHERE, HOW ARE THE CHARITABLE BAIL ORGANIZATIONS IMPACTED BY YOUR BILL? ARE THEY STILL AFTER YOUR AMENDMENT IN A POSITION WHERE THE BAIL IS GOING BACK TO THE DEFENDANT AND NOT THE CHARITABLE BAIL ORGANIZATION, IS THAT STILL THE POSTURE WE ARE IN BASED ON YOUR AMENDMENT? I AM TRYING TO FOLLOW EVERYTHING WE'VE DONE. >>Chair Garcia: SENATOR TRUENOW, YOU ARE RECOGNIZED. >>Sen. Truenow: THANK YOU MADAM CHAIR. THANK YOU FOR THE QUESTION. YES, THAT IS CORRECT. >>Sen. Smith: PERMISSION FOR A FOLLOW-UP. >>Chair Garcia: YES. >>Sen. Smith: THANK YOU MADAM CHAIR. I'M TRYING TO FIGURE OUT HOW THIS WORKS FOR CHARITABLE BAIL ORGANIZATIONS VERSUS LARGER CORPORATIONS THAT PERHAPS ARE IN THE BAIL INDUSTRY NOT CONSIDERED CHARITABLE THEY'LL ORGANIZATIONS, HOW ARE THOSE FOR-PROFIT BAIL COMPANIES AFFECTED BY YOUR BILL? WILL THEY CONTINUE TO SEE A REVENUE STREAM WHILE CHARITABLE THEY'LL ORGANIZATIONS WILL SEE A DECREASE OR DECLINE IN THEIR REVENUE STREAM? I'M TRYING TO COMPARE IMPACTS HERE. >>Chair Garcia: YOU ARE RECOGNIZED TO GO BACK AND FORTH SEN. TRUENOW. >>Sen. Truenow: YEAH, THE CHARITABLE BAIL WILL NEGATE UNCONSCIOUS DECISION WHETHER THEY WANT TO ENGAGE IN THIS ACTIVITY KNOWING THE MONEY CAN GO BACK TO THE DEFENDANT. >>Sen. Smith: UNDERSTOOD, THANK YOU. >>Chair Garcia: ANY OTHER QUESTIONS SENATORS, NOW WE ARE BACK, WALK ME THROUGH THIS, BACK ON THE MAIN AMENDMENT AS AMENDED. ARE THERE APPEARANCE FORMS FOR THE AMENDMENT, THE BILL AS AMENDED? IT IS SEAN FOSTER WHO IS WAIVING IN SUPPORT AND BARNEY BISHOP IS ALSO WAIVING IN SUPPORT, ANY DEBATE ON THE BILL AS AMENDED. SEN. TRUENOW YOU ARE RECOGNIZED TO CLOSE ON THE BILL AS AMENDED. >>Sen. Truenow: THANK YOU MEMBERS FOR HEARING THIS BILL AND I ASK FOR YOUR FAVORABLE SUPPORT TODAY. >>Chair Garcia: GREAT. SHEILA PLEASE CALL THE ROLL ON CS FOR SB 600. >>Sen. Osgood: YES. >>Sen. Polsky: YES. >>Sen. Simon: YES. >>Sen. Smith: YES. >>Sen. Wright: YES. >>Sen. Yarborough: YES. >>Vice Chair Martin: YES. >>Chair Garcia: YES, BY YOUR VOTE CS FOR SB 600 IS REPORTED FAVORABLY, NOW WE ARE MOVING OVER TO TAB 2, SENATOR LEEK HAS SB 436 ON FELONY BATTERY, SENATOR YOU ARE RECOGNIZED TO EXPLAIN THIS BILL. >>Sen. Leek: THANK YOU MADAM CHAIR. THE BILL AMENDS THE STATUTES TO EXPAND THE LIST OF PRIOR OFFENSES THAT ALLOW FOR RECLASSIFICATION MISDEMEANOR BATTERY TO A THIRD-DEGREE FELONY SPECIFICALLY ADDING RESISTING WITH VIOLENCE TO THE LIST OF PRIOR CONVICTIONS THAT MAY TRIGGER FELONY RECLASSIFICATION AND AMENDS STATUTES TO ALLOW FELONY BATTERY IN BODILY INJURY TO PRESENT RELEASE OFFENDER STATUS AND THERE IS AN AMENDMENT. >>Chair Garcia: OKAY. THANK YOU SIR, THERE IS AN AMENDMENT AND WE WILL BE TAKING UP 615332 BY SENATOR LEEK. >>Sen. Leek: THIS FIXES A DRAFTING ERROR FOR THE PREVIOUS AMENDMENT AND CORRECTS LINE 58 TO APPLY FOR FELONY BATTERY IN BODILY INJURY WHEN INFLICTED ON A LAW ENFORCEMENT OFFICER. >>Chair Garcia: QUESTIONS ON THE AMENDMENT SENATORS, ANY APPEARANCE FORMS FOR THE AMENDMENT, ANY DEBATE ON THE AMENDMENT, SEN. LEEK YOU ARE RECOGNIZED TO CLOSE. >>Sen. Leek: I WILL WAIVE CLOSE. >>Chair Garcia: ALL IN FAVOR SAY AYE, ALL OPPOSED SAY NAY SO BACK ON THE BILL AS AMENDED, QUESTIONS ON THE BILL AS AMENDED. ANY APPEARANCE FORMS FOR THE BILL, THERE ARE, BARNEY BISHOP IS WAIVING IN SUPPORT AND DANIELLE SHIVERS FROM THE VOLUSIA SHERIFF'S OFFICE IS SPEAKING FOR THE BILL. >> GOOD MORNING AND I WOULD LIKE TO MAKE A BRIEF STATEMENT IF THAT'S OKAY. THE PURPOSE OF THIS LEGISLATION IS TO CLOSE A GAP INVOLVING REPEAT VIOLENT OFFENDERS AND UNDER THE EXISTING STATUTE THE INDIVIDUAL HISTORY OF VIOLENT CONDUCT INCLUDING RESISTING WITH VIOLENCE AND LATER COMMIT BATTERY AND BE TREATED AS A FIRST-TIME OFFENDER. THAT DISCONNECT BECAME EVIDENT IN A CASE WHERE WE ARRESTED SOMEBODY WHO COMMITTED DOMESTIC VIOLENCE AND WAS CONVICTED FOR RESISTING WITH VIOLENCE AND ORIGINALLY CHARGED WITH BATTERY. SO DURING THAT CASE I DISCUSSED HOW DO WE GET TO WHERE PEOPLE WHO COMMIT OR ARE CONVICTED OF RESISTING OFFICER WITH VIOLENCE AND BE CHARGED BATTERY WITH LAW ENFORCEMENT BUSINESS TO BECOME, PREVENT FURTHER VIOLENCE TO FELONY ACTIONS BY ENHANCING THIS BILL IT'S A TARGETED SOLUTION AND ALLOWS SUBSEQUENT OFFENSES WHEN COMMITTED BY INDIVIDUALS WITH QUALIFIED HISTORY TO BE ELEVATED TO FELONY STATUS. IT'S NOT PUNISHMENT'S SAKE, IT'S PREVENTION SO IN DOMESTIC VIOLENCE ANY SUBSEQUENT OFFENSES LEAD TO WORSE OR MORE SEVERE INCIDENTS OF VIOLENCE THIS BILL WILL HOPEFULLY CHANGE THAT LOOP SO IF SOMEBODY MATTERS LAW ENFORCEMENT, EMTS AND THEY ARE CONVICTED OF RESISTING WITH VIOLENCE THAT NARROW GROUP OF PEOPLE THAT HAVE THAT CONVICTION IF THEY GO UP REGIONAL WORLD AND COMMIT ANOTHER VIOLENT ACT OF BATTERY WHETHER IT'S MISDEMEANOR THEY WILL BE ENHANCED TO A FELONY BATTERY STATUS AND HOPEFULLY CURBING THE FURTHER CONDUCT OF VIOLENT ACTS. >>Chair Garcia: THANK YOU SIR, MOLLY HUDSON I THINK SHE IS WAIVING IN SUPPORT FROM THE VOLUSIA SHERIFF'S OFFICE. ANY DEBATE ON THE BILL AS AMENDED SENATORS, THERE IS, SENATOR RIGHT YOU ARE RECOGNIZED. >>Sen. Wright: SEN. LEEK THANK YOU FOR BRINGING THIS GOOD BILL FORWARD, ANYTHING WE CAN DO TO KEEP OUR SOCIETY SAFE AND OUR LAW ENFORCEMENT TO HELP US TO BE SAFE HAS GOT MY VOTE EVERY TIME, THANK YOU VERY MUCH. >>Chair Garcia: SEN. LEEK YOU ARE RECOGNIZED TO CLOSE ABOUT AS AMENDED. >>Sen. Leek: I WILL WAIVE CLOSE. >>Chair Garcia: CALLED THE ROLE ON HB 436. >>Sen. Osgood: YES. >>Sen. Polsky: YES. >>Sen. Simon: >>Sen. Smith: YES. >>Sen. Wright: YES. >>Sen. Yarborough: YES. >>Vice Chair Martin: YES. >>Chair Garcia: YES, BY YOUR VOTE CS FOR SB 436 IS REPORTED FAVORABLY, OVER TO TAB SEVEN, CS FOR SB 928 ON MANDATORY RUN THEN TO CUSTODY ON CONVICTION OF DANGEROUS CRIMES BY SENATOR MARTIN, YOU ARE RECOGNIZED TO EXPLAIN THE BILL FOR THIS BILL KNOWN AS MISSY'S LAW ALLOWS COURTS TO REMAND CUSTODY ONCE FOUND GUILTY OF A DANGEROUS CRIME. THE BILL PROHIBITS RELEASE ON BOND ENSURING THE OFFENDER REMAINS IN CUSTODY AWAITING SENTENCING OR FURTHER COURT PROCEEDINGS AND THE GOAL IS TO CLOSE THE GAP THAT ALLOWS AN INDIVIDUAL CONVICTED OF VIOLENT OFFENSES TO BE RELEASED BEFORE SENTENCING. THIS IS INTENDED TO IMPROVE PUBLIC SAFETY AND PREVENT HARM DURING THAT POSTCONVICTION BUT PRESENTENCING PERIOD AND PROVIDES UNIFORM STANDARDS BY LIMITING JUDICIAL DISCRETION FOR POSTCONVICTION RELEASES AND ONLY DANGEROUS CRIMINAL CASES, THAT IS THE BILL. >>Chair Garcia: ANY QUESTIONS ON THE BILL, ANY APPEARANCE FORMS FOR THE BILL. THERE ARE MOLLY HUDSON ALSO WAIVING IN SUPPORT FROM VOLUSIA SHERIFF'S OFFICE, BARNEY BISHOP FLORIDA SMART JUSTICE ALLIANCE, JAELYN McGRIFF ALSO WAIVING IN SUPPORT FROM CRAWFORDSVILLE FLORIDA, LIBBY RUSSO FROM ATTORNEY GENERAL'S OFFICE IS WAIVING IN SUPPORT, ERIN WYATT I HOPE I SAID THAT RIGHT ALSO IS ACTUALLY SPEAKING AGAINST. IS HE OR SHE HERE? HI. YOU ARE RECOGNIZED. >> THANK YOU CHAIR. THANK YOU COMMITTEE MEMBERS. MY NAME IS ERIN WAITE, PRESIDENT-ELECT OF THE FLORIDA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS REPRESENTING 1000 LAWYERS ACROSS FLORIDA BUT I'M ALSO A RESIDENT OF WHERE THIS HAPPENED. EVERY DAY, THE MORNING IT HAPPENED I WAS WALKING MY DOG AND HEARD THE SIRENS COMING INTO SOUTHWOOD, WEEKLY ME AND MY DAUGHTER PLAY AT THE SAME PLAYGROUND MISSY'S TREE IS PLANTED. I ADVISED TO SPEAK ABOUT NOT THE INTENT BEHIND THE BILL BECAUSE I KNOW THE INTENT IS GOOD TO GET JUSTICE BUT THE WAY WE ARE GETTING JUSTICE FOR MISSY. THE IMPLICATION IN THE BILL IS THIS WAS A GAP, THAT THIS WAS A PROBLEM WITH A JUDGE LETTING THIS PERSON OUT. I URGE YOU TO RESEARCH THIS CASE AND SEE THE TALLAHASSEE DEMOCRAT ARTICLES WHERE THEY SHOWED THE VIDEO FROM THE COURT HEARING WHERE THE JUDGE ASKED THE PROSECUTOR IS THERE ANY REASON THIS PERSON SHOULDN'T BE STAYING OUT OF CUSTODY UNTIL SENTENCING AND THE STATE ATTORNEY SAID NO, THE ASSISTANT STATE ATTORNEY WAS NOT AWARE OF THE PENDING INVESTIGATIONS AGAINST THIS MAN. THEY DID NOT RELAY THAT TO THE JUDGE SO WE BELIEVE THE PROBLEM WAS ON RELAYING THAT INFORMATION ON COMMUNICATION BETWEEN STATE AGENCIES, WE BELIEVE THE FIX FOR MISSY IS MORE APPROPRIATIONS, MORE MONEY TO THE DEPARTMENT OF CHILDREN AND FAMILIES, MORE MONEY TO DO THESE INVESTIGATIONS TO GET THAT DONE IN A THOROUGH MANNER WHERE PERHAPS THERE WOULD HAVE BEEN A CONVICTION OR INVESTIGATION FOR THIS INDIVIDUAL OR PERHAPS THIS INFORMATION WOULD HAVE TO FILTER DOWN TO THE STATE ATTORNEY TO TELL THIS JUDGE BUT IT WAS NOT THIS JUDGE'S FAULT AND IT WASN'T A GAP IN THE LAW THAT ALLOWED THIS TO HAPPEN, IT WAS FAILURE TO COMMUNICATE THESE UNDERLYING ISSUES TO THE JUDGE AND THAT'S WHY I AS A SOUTHWOOD RESIDENT OPPOSES THE MECHANISM WE ARE USING TO GET JUSTICE FOR MISSY BUT IN MY ROLE AS FORMER CREDIBLE DEFENSE LAWYER I'VE BEEN MADE AWARE OF SITUATIONS WHERE THIS WILL AFFECT THE WAY WE DO BUSINESS IN COURTROOMS AROUND THE STATE, EVEN ASK YOUR LOCAL ELECTED PROSECUTORS ABOUT THE PROBLEM THIS CREATES WHERE WE HAVE DANGEROUS CRIMES AND THERE'S MORE THAN ONE DEFENDANT. OFTEN SOME OF THE CODEFENDANTS WILL PLEAD OUT, TAKE A PLEA AND SET OFF SENTENCING TO TESTIFY AGAINST THE OTHER CODEFENDANT. WHAT THIS WILL DO THIS BECAUSE THAT PERSON STAYING OUT UNTIL SENTENCING, IT WILL CAUSE THEM TO GO INTO CUSTODY WHEN THE PROSECUTOR OR DEFENSE ATTORNEY MAY NOT WANT THAT BUT THIS WILL CAUSE THAT PERSON TO GO INTO CUSTODY UNTIL SENTENCING AND IT WILL ALSO AFFECT MANY DOCKETS, ESPECIALLY LARGER BIGGER DOCKETS ACROSS THE STATE WHERE YOU MAY HAVE AND I DID IT THIS MORNING YOU HAVE 20 CASES SET FOR TRIAL, THE JUDGE HAS A JURY OUTSIDE WAITING AND YOU'RE RUNNING THROUGH YOUR DOCKET AS A JUDGE AND SOMETIMES TAKING PLEASE AND SETTING OFF SENTENCING FOR A MONTH BECAUSE YOU DON'T HAVE TIME TO GO THROUGH SENTENCING AND CONSIDER EVERYTHING SO THIS IS GOING TO PUT THOSE PEOPLE IN JAIL WHO MIGHT OTHERWISE NOT BE GOING TO JAIL. THE DANGEROUS CRIME YOU TAKE A LOOK AT THAT SECTION THAT THIS IS APPLYING TO THE DANGEROUS CRIMES DOESN'T JUST INCLUDE THE SEX CRIMES WE ARE TALKING ABOUT TODAY, IT INCLUDES MISDEMEANOR DOMESTIC VIOLENCE SO IN THE FUTURE WE ARE STOPPING THE ABILITY OF THE PROSECUTOR JUDGE AND DEFENSE ATTORNEY ON MISDEMEANOR DOMESTIC VIOLENCE, STOPPING THEM FROM BEING ABLE TO TAKE A PLEA TO SET OFF SENTENCING FOR A WEEK OR TWO OR A MONTH, THIS WOULD REQUIRE THAT PERSON TO NOT GO INTO CUSTODY SO WE AGREE WITH THE INTENT BEHIND THE BILL BUT DISAGREE WITH THE MECHANISM BEING USED AND PUSHED TO SOMEHOW BLAME THE JUDGE WHEN THIS WAS A FAILURE OF AGENCIES TO COMMUNICATE WITH EACH OTHER, THANK YOU FOR YOUR TIME. >>Chair Garcia: ALSO HAVE I HAVE AN APPEARANCE FORM FOR PEPPER IMMOBILE, ALSO SPEAKING FOR THE BILL. IS SHE AROUND? HELLO, YOU ARE RECOGNIZED. >> MELISSA WAS MY GRANDDAUGHTER AND I'M HERE TO GET JUSTICE FOR HER BECAUSE IF YOU WOULD HAVE BEEN PUT IN THIS WOULD HAVE NEVER HAPPENED SO PLEASE LISTEN TO THE CHILDREN WHEN THEY TELL YOU SOMETHING IS GOING ON, PLEASE PASS THIS BILL FOR THE JUSTICE OF MY GRANDDAUGHTER MELISSA. >>Chair Garcia: THANK YOU, THANK YOU FOR SHARING, ANY DEBATE ON THE BILL SENATORS. SENATOR MARTIN YOU ARE RECOGNIZED TO CLOSE ON THE BILL. >>Vice Chair Martin: THANK YOU AND THANK YOU TO ERIN WAITE FROM THE CRIMINAL DEFENSE CONSORTIUM FOR REACHING ABOUT THOSE ISSUES. WORKING WITH PROSECUTORS AS THIS BILL MOVES FORWARD TO BE SURE THERE'S NO UNINTENDED CONSEQUENCES AND THEY CAN DO THEIR JOB IN THE COURTROOM BUT I APPRECIATE YOUR SUPPORT ON THIS BILL. >>Chair Garcia: CALLED THE ROLE ON CS FOR SP 928. >>Sen. Osgood: >>Sen. Polsky: >>Sen. Simon: >>Sen. Smith: YES. >>Sen. Wright: YES. >>Sen. Yarborough: YES. >>Vice Chair Martin: YES. >>Chair Garcia: YES, BUYER VOTE CS FOR SB 928 AS REPORTED FAVORABLY, NOW OVER TO TAB NINE, ALSO BY SENATOR MARTIN, SB 1332 ON CAREER OFFENDER REGISTRATION. SENATOR YOU ARE RECOGNIZED TO EXPLAIN THE BILL. >>Vice Chair Martin: THIS EXPANDS REGISTRATION OBLIGATIONS FOR CAREER OFFENDERS MAKING THE FLORIDA SYSTEM MORE LIKE SEXUAL OFFENDER REGISTRIES THAT REQUIRES IN PERSON REGISTRY AT THE SHERIFF'S OFFICE WITHIN 48 HOURS OF RESIDENCE OR RELEASE WITH EXPANDED PERSONAL CONTACT INFORMATION REPORTED MANDATES IN PERSON REGISTRATION DURING THE OFFENDER'S BIRTH MONTH AND TIMELY CHANGES TO ADDRESS PHONE EMPLOYMENT VEHICLES AND OTHER DATA IN THE TITANS DEFINITION OF RESIDENCE TYPES, PERMANENT TEMPORARY TRANSIENT TIME FRAMES TO ESTABLISH THEM. AS A REQUIREMENT FOR MARKING ON DRIVERS LICENSE FOR CAREER OFFENDERS AND UPDATING THAT DESIGNATION MAKES EACH FAILURE TO COMPLY WITH REGISTRATION REPORTING REQUIREMENTS A SEPARATE FELONY AND INCREASES PENALTIES FOR ASSISTING IN NONCOMPLIANCE, THAT IS THE BILL. >>Chair Garcia: ANY QUESTIONS ON THE BILL, ANY APPEARANCE FORMS ON THE BILL AND ITS WILL RUSSIAN ALSO WAIVING IN SUPPORT FOR THE DEPARTMENT OF LAW ENFORCEMENT AND BARNEY BISHOP ALSO FOR FLORIDA SMART JUSTICE ALLIANCE IN SUPPORT. SENATORS ANY DEBATE ON THE BILL? SENATOR MARTIN YOU ARE RECOGNIZED CLOSE ON THE BILL. >>Vice Chair Martin: I WILL WAIVE CLOSE. >>Chair Garcia: CALLED THE ROLE ON SP 1332. >>Sen. Osgood: >>Sen. Polsky: >>Sen. Simon: >>Sen. Smith: YES. >>Sen. Wright: >>Sen. Yarborough: >>Vice Chair Martin: YES. >>Chair Garcia: YES, BY YOUR VOTE SB 1332 AS REPORTED FAVORABLY. NOW MOVING OVER TO TAB SIX WITH SENATOR CALATAYUD WHO IS WAITING AND WE WILL BE TAKING WAITING FORGIVE ME, TAKING UP CS FOR SB 682 ON VIOLENT CRIMINAL OFFENSES. BY SEN. CALATAYUD WHO IS RECOGNIZED TO EXPLAIN THE BILL. >>Sen. Calatayud: THANK YOU MADAM CHAIR. VICTIMS OF DOMESTIC VIOLENCE DESERVE A CRIMINAL JUSTICE SYSTEM THAT ACTS SWIFTLY AND DECISIVELY. LAW ENFORCEMENT, COURTS, FIRE RESCUE AND VICTIM ADVOCATES HAVE WORKED TOGETHER WITH REPRESENTATIVE TENDRICH AND I TO SHAPE THIS BILL. WE DO HAVE A DELETE ALL AMENDMENT AND I'D BE HAPPY TO GO FURTHER INTO THE CONTENT OF THAT. >>Chair Garcia: THERE ARE TWO AMENDMENTS, THE DELETE ALL AMENDMENT IS 105746 BY SEN. CALATAYUD, IT IS A DELETE ALL, CORRECT? WE WILL DO 105746 FIRST, YOU ARE RECOGNIZED. IT IS LATE FILED, OKAY. IT'S A DELETE ALL AMENDMENT 105746 AND A LATE FILED DELETE ALL SUBSTITUTE AMENDMENT BAR CODE 794690. >>Sen. Calatayud: THANK YOU MADAM CHAIR. THE SUBSTITUTE DELETE ALL AMENDMENT REQUIRES QUICK TOUR PENALTIES AND ELECTRONIC MONITORING FOR DOMESTIC VIOLENCE OFFENSES, CLARIFIES PROCEDURE FOR MILITARY PROTECTIVE ORDERS, DEFINED ELECTRONIC MONITORING, CREATES ENHANCED PENALTIES FOR REPEATED DOMESTIC VIOLENCE OFFENSES, PROVIDES COURT DISCRETION OF PRIOR OFFENDERS TO COMPLETE BATTERERS INTERVENTION PROGRAM AS A CONDITION OF PROBATION, ALLOWS VICTIMS OF DOMESTIC VIOLENCE TO REQUEST A COURT INJUNCTION FOR PROTECTION AGAINST ABUSERS, REQUIRES COURTS TO IMPOSE ELECTRONIC MONITORING, PROTECTS FAMILIES AS WELL AS PETS, SERVICE AND EMOTIONAL SUPPORT ANIMALS FOLLOWING HARM, INJUNCTIVE RELIEF VERIFICATION FOR DATING UNDER DOMESTIC VIOLENCE, REQUIRES LAW ENFORCEMENT NOTIFICATIONS IF A MILITARY PROTECTIVE ORDER IS VIOLATED, REQUIRES BODY CAMS TO BE TURNED ON WHEN AN OFFICER IS INVESTIGATING AN ALLEGATION, THAT IS THE SUBSTITUTE DELETE ALL. >>Chair Garcia: ANY OBJECTION TO THE LATE FILED AMENDMENT, SHOW IT INTRODUCED. YOU JUST EXPLAINED IT. SO ARE THERE ANY QUESTIONS ON THE SUBSTITUTE DELETE ALL AMENDMENT? DO WE HAVE APPEARANCE FORMS? NOT FOR THE AMENDMENT, OKAY. ANY DEBATE ON THE SUBSTITUTE AMENDMENT? SEN. CALATAYUD YOU ARE RECOGNIZED TO CLOSE ON THE SUBSTITUTE AMENDMENT. >>Sen. Calatayud: WAIVE CLOSE. >>Chair Garcia: ALL IN FAVOR SAY YEA, ALL OPPOSED SAY NAY, SUBSTITUTE AMENDMENT IS ADOPTED, BACK ON THE BILL AS AMENDED, ANY QUESTIONS ON THE BILL AS AMENDED. APPEARANCE FORMS. TRAVIS MOORE IS WAIVING IN SUPPORT, ANIMAL LEGAL DEFENSE FUND, BARNEY BISHOP FLORIDA SMART JUSTICE ALLIANCE WAIVING IN SUPPORT AND RICHARD PINSKY IS WAIVING IN SUPPORT, THANK YOU, FOR DOMINIC MARION FARRELL FOUNDATION, THANK YOU SO MUCH. ANY DEBATE ON THE BILL AS AMENDED SENATORS. SEN. CALATAYUD IS RECOGNIZED TO CLOSE ON THE BILL AS AMENDED. >>Sen. Calatayud: WAIVE CLOSE, THANK YOU MADAM CHAIR. >>Chair Garcia: CALL THE ROLL ON CS FOR SB 862. >>Sen. Osgood: >>Sen. Polsky: YES. >>Sen. Simon: YES. >>Sen. Smith: YES. >>Sen. Wright: YES. >>Sen. Yarborough: YES. >>Vice Chair Martin: >>Chair Garcia: YES, BY YOUR VOTE CS FOR SB 682 AS REPORTED FAVORABLY, NOW WE MOVE TO ANOTHER SEN. CALATAYUD BILL WHICH IS SB 1072 ON ANTI-SEMITISM TASK FORCE BY SEN. CALATAYUD. SENATOR, YOU ARE RECOGNIZED TO EXPLAIN THE BILL. >>Vice Chair Martin: THANK YOU MADAM CHAIR. THERE WERE 9354 ANTI-SEMITIC INCIDENTS ACROSS THE US LAST YEAR, ACROSS THE SUNSHINE STATE. THE LAST INCIDENT RECORDED 353 IN FLORIDA REPRESENTING A 277% INCREASE SINCE 2020. 36% OF FLORIDA'S ANTI-SEMITIC INCIDENCES OCCURRED AT JEWISH INSTITUTIONS, DOUBLE THE RATE OF 18%. IN JUNE 2024 WE SAW AN UNPRECEDENTED CAMPAIGN 50 BOMB THREATS TARGETING MULTIPLE JEWISH INSTITUTIONS ON THE SAME DAY ACROSS THE STATE CREATING WIDESPREAD FEAR AND REQUIRING EXTENSIVE LAW ENFORCEMENT RESPONSE. THIS BILL CREATES THE ANTI-SEMITISM TASK FORCE IN THE ATTORNEY GENERAL'S OFFICE OF CIVIL RIGHTS OFFICE OF LEGAL AFFAIRS TO CONDUCT A REVIEW OF ANTI-SEMITISM PREVALENCE IN FLORIDA, SPECIFICALLY THEY ARE TASKED TO STRENGTHEN COMMUNITY RELATIONS BETWEEN STATE AND LOCAL GOVERNMENT AND JEWISH COMMUNITY, ADVISE LAW ENFORCEMENT TRAINING FOR INVESTIGATORS AND PROSECUTING HEAT CRIMES, ASSESS DIGITAL LITERACY TO COMBAT ONLINE RADICALIZATION, IDENTIFY BEST PRACTICES FROM OTHER STATES, EVALUATE FLORIDA'S HATE CRIME STATUTES AND RECOMMEND IMPROVEMENTS AND DELIVER AN ANNUAL REPORT FOR THE GOVERNOR AND LEGISLATURE POLICY RECOMMENDATIONS, THAT IS THE BILL MADAM CHAIR. >>Chair Garcia: ANY QUESTIONS ON THE BILL, ANY APPEARANCE FORMS ON THE BILL. BRANDI COOK IS SPEAKING AGAINST. WAIVING AGAINST, OKAY. ASH BRADLEY IS ALSO SPEAKING AGAINST. >> GOOD MORNING, MY NAME IS ASH AND I OPPOSE SB 1072, THIS OPERATES ON CRITICISM OF ISRAEL COULD CONSTITUTE A HATE CRIME. SENATE PRESIDENT AND HOUSE SPEAKER MAY I APPOINT SOMEONE WHO HAS EXPERIENCED COMMENTING ANTI-SEMITISM BUT THAT IS NOT DEFINED AND IS NOT DEFINED HOW THEY QUALIFIED FOR THAT POSITION. OUR ABS ARE SEMITES AS WELL, THE TASK FORCE I LIKE TO JEWISH COMMUNITY MEMBER, NO MENTION OF AN RABBLE OR MUSLIM MEMBER, THE CLOSEST TO GET HIS NON-JEWISH THIS WILL LIKELY HAVE A NEGATIVE FISCAL IMPACT AS WELL EVEN IF IT DOES STATE IS NEUTRAL, PLEASE OPPOSED HB 1072. >>Chair Garcia: ALSO VANCE AHRENS IS SPEAKING AGAINST. YOU ARE RECOGNIZED. >> THANK YOU CHAIR, THANK YOU MEMBERS OF THE BOARD, MY NAME IS VANCE AHRENS AND I AM HERE IN OPPOSITION TO THIS. AS STATED EARLIER THE DEFINITIONS WITHIN THIS COULD EASILY FALL TO A POINT WHERE CRITICISM OF THE STATE OF ISRAEL IS LISTED AS ANTI-SEMITIC. STATE CRITICISM SHOULD BE SEPARATE FROM THAT. WHILE RACISM OF ANY KIND IS ABHORRENT, THIS DOES NOT TAKE INTO ACCOUNT OTHER SEMITIC PEOPLES. THAT ALREADY FACE INCREASED DISCRIMINATION. THE WAY IT IS CURRENTLY WRITTEN I ASK YOU TO STRONGLY OPPOSE THIS. >>Chair Garcia: WE WILL NOW SPEAK I THINK SPEAKING INFORMATION, HARRISON LUNDY. YOU ARE RECOGNIZED. >> MY NAME IS HARRISON LUNDY WITH VOICES OF FLORIDA SPEAKING ON INFORMATION. I'M JEWISH MYSELF SO I'M ALL FOR DOING WHAT IS NEEDED TO PROTECT OUR COMMUNITIES AND OUR JEWISH COMMUNITIES BUT AS WAS MENTIONED BEFORE OUR ABS ARE ALSO SINITIC PEOPLE AND WHEN I WAS READING THE BILL ANALYSIS OF WHO IS INCLUDED IN THE APPOINTEES TO THIS TASK FORCE IT DIDN'T INCLUDE ANY LANGUAGE ABOUT ARAB MEMBERS, MUSLIM MEMBERS AND IF WE ARE GOING TO HAVE JEWISH MEMBERS ON THIS TASK FORCE IS ONLY FAIR WE HAD ALSO NETTED PEOPLE AND NOT JUST ONE SECTOR SO THE MEMBERS OF THE TASK FORCE AS WAS MENTIONED INCLUDES APPOINTEES FROM THE SENATE PRESIDENT AND HOUSE SPEAKER HAVE EXPERIENCED COMBATING ANTI-SEMITISM, THERE IS NO DEFINITION OF WHAT THAT LOOKS LIKE OTHER THAN MY BEST GUESS IS IF THAT WERE TO BE IN LINE WITH THE STATUTE THAT EXISTS BUT I'M CURIOUS ABOUT WHAT THAT MEANS IN THIS CONTEXT THOUGH MAYBE WE CAN GET CLARIFICATION ON THAT AND HOW A QUALIFYING MEMBER IS DETERMINED IF THAT IS A MEMBER OF THE LEGISLATURE IF THEY COULD PICK ANY MONEY. I WANT TO MAKE SURE IF THIS BILL DOES PASS AND IF THIS TASK FORCE IS FORMED WE DO HAVE QUALIFIED PEOPLE ABLE TO OPERATE IN A NEUTRAL WAY THAT IS NOT BIASED TOWARDS ONE PARTY OR ANOTHER. FOR THOSE REASONS I WANTED SAY WE ARE MONITORING THIS. I DON'T WANT TO SAY TOO MUCH ABOUT CERTAIN THINGS UNTIL I GET MORE CLARIFICATION. >>Chair Garcia: I APPRECIATE THAT AND I'M SURE WE WILL TAKE IT INTO ACCOUNT. ALSO SPEAKING AGAINST IS ROYAL O'LEARY. GOOD AFTERNOON, YOU ARE RECOGNIZED. >> I THINK PEOPLE ARE CONFUSED BETWEEN ZIONISM WHICH A MOVEMENT STARTED IN 1875, IT'S AN IMPERIALIST MOVEMENT IN DAYLONG THOUSANDS OF YEARS OLD TRADITION OF JUDAISM. OBVIOUSLY ANTI-SEMITISM IS WRONG BUT I THINK THIS IS AN EFFORT TO SUPPRESS VOICES AGAINST ZIONISM, THAT ARE AGAINST LAND GRAB AND I WANT TO SAY FROM MY OWN PERSONAL HISTORY THE FORCES THAT WERE SENT OVER AFTER THE BALFOUR DECLARATION WORKED IN IRELAND TO SUPPRESS MURDER AND EXECUTE PEOPLE AS A FEAR MECHANISM. I FEEL THAT ANY KIND OF EFFORT TO BRING AN ANTI-SEMITISM THING WILL TARGET THE STUDENT POPULATION, THOSE PEOPLE WHO ARE PURE OF CONSCIENCE AND SERIOUSLY DON'T WANT TO SEE PEOPLE, PALESTINIANS BEING MURDERED JUST BECAUSE LIKE IRELAND THERE IS A LAND GRAB. THIS TWISTS WHAT THE REAL ISSUE IS. THE REAL ISSUE IS ISRAEL. PEOPLE SAW THINGS ON T.V. AND WANTED SOMEONE TO BLAME AND THEY DIDN'T LOOK AT ISRAEL AS AN IMPERIALISTIC LANDGRAB MOVEMENT AND I KNOW THAT A LOT OF FORMS COME INTO OUR GOVERNMENT SO I ASKED YOU TO DO THE RIGHT THING. >>Chair Garcia: UP NEXT IS YARELIS MENENDEZ WHO IS WAIVING AGAINST. ALSO I HAVE ADAM -- I DON'T WANT TO MISSPELL THAT. ARULTA? ENGAGE ACTION FLORIDA IS WAIVING AGAINST. LUNA BLASA IS SPEAKING AGAINST. >> MY NAME IS LUNA BLASA. I AM A STUDENT AT THE UNIVERSITY OF MIAMI ON EXECUTIVE BOARD OF KIDS FOR PALESTINE WHICH WE ARE A REGISTERED ORGANIZATION ON CAMPUS DESPITE FACING MUCH REPRESSION BY A UNIVERSITY ADMINISTRATION TO EVEN BECOME A REGISTERED ORGANIZATION IN THE FIRST PLACE. OTHER FOLKS HAVE MENTIONED THERE'S BEEN A LOT OF RHETORIC CONFLATING ANTI-ZIONISM WITH THE FREE PALESTINE MOVEMENT. I WOULD LIKE TO UPLIFT A PAPER I WROTE WITH OTHER SCHOLARS: INTERROGATING ACADEMIA'S LACK OF SUPPORT FOR DECOLONIZATION, PLEASE FEEL FREE TO READ IT. WE GO A LOT INTO HISTORICAL CONTEXT, THE COLONIAL THEORY. THIS BILL WOULD HARM PEOPLE OR JUST SPEAKING OUT AND ON THE RIGHT SIDE OF HISTORY SO THANK YOU. >>Chair Garcia: THANK YOU FOR THAT AND ALSO I HAVE WRITTEN ECHO BOWMAN FILLED OUT THE FORM AND IS WAIVING AGAINST AND LAURA MUNOZ WHO IS ALSO WAIVING AGAINST SENATORS, ANY DEBATE ON THE BILL? SENATOR OSGOOD YOU ARE RECOGNIZED. >>Sen. Osgood: THANK YOU MADAM CHAIR. THANK YOU SEN. CALATAYUD. I'M SUPPORTING THIS BILL BUT I ALSO WANT TO TAKE AN OPPORTUNITY BECAUSE ALTHOUGH I BELIEVE STRONGLY THIS BILL ALLOWS US TO OPEN UP A CONVERSATION THAT'S JUST THE BEGINNING OF THE CONVERSATION, I REPRESENT A VERY INTERFAITH DISTRICT IN SENATE DISTRICT 32. I AM WELL AWARE OF HOMOPHOBIA, ISLAMIC PHOBIA, RACISM. I'M A CHRISTIAN. CHRISTIAN CHURCHES ARE BEING SHOT UP AND EVEN LISTENING TO THE COMMENTS TODAY AND HOW WE ARE APPROACHING THIS, I THINK WE ALL AGREE HATE CRIMES ARE WRONG. THE MYSTERY AND TARGET ANY INDIVIDUAL BECAUSE OF THEIR RELIGIOUS BELIEF, ETHNICITY OR CHOICES THEY MAKE OR WHATEVER, IT IS ABSOLUTELY WRONG. AND I'M HOPING THAT AS WE START WITH THIS ANTI-SEMITISM TASK FORCE THAT WE WILL BE BOLD ENOUGH IN THE STATE OF FLORIDA TO HAVE A COMPLETE CONVERSATION THAT WE LOOK AT OUR STATE IN A REAL WAY AND THAT WE WORK TO CURE HORRIBLE PROBLEMS LIKE HATE. I THINK WE HAVE TO START SOMEWHERE AND THIS IS A START. IT'S NOT OKAY TO ATTACK ANY GROUP OF PEOPLE. IT'S NOT OKAY TO ACT LIKE THINGS LIKE THE HOLOCAUST DIDN'T EXIST OR TO THINK THAT BLACK PEOPLE BENEFITED FROM SLAVERY AND I COULD GO ON AND ON. WHEN I LOOKED AT THIS BILL IT MADE ME REFLECT AND IT CHALLENGED ME AS A LEADER OF HOW I CAN GROW MYSELF AND HOW I CAN PUSH MY DISTRICT TO DO BETTER. THAT WE HAVE THESE CONVERSATIONS. AND THAT WE REALLY BEGIN TO USE OUR DIFFERENCES TO CREATE A UNITY THAT ALLOWS US TO GENUINELY LOVE AND CARE FOR EACH OTHER EVEN WITH OUR DIFFERENCES. SO THANK YOU FOR STARTING THIS CONVERSATION AND I AM CERTAINLY IN SUPPORT OF THIS LEGISLATION. >>Chair Garcia: NOW WE HAVE SENATOR SMITH IN DEBATE. >>Sen. Smith: THANK YOU MADAM CHAIR. THANK YOU SEN. CALATAYUD FOR BRINGING THIS FORWARD. I'M GOING TO VOTE FOR THE BILL BECAUSE I SUPPORT IT BUT I ALSO WANT TO LIFT UP AND ECHOES SOME CONCERNS WE HAVE HEARD FROM MEMBERS OF THE PUBLIC TODAY. THE CONCERN I HAVE I'M WONDERING IF YOU MAY BE WILLING TO ADDRESS IT IN YOUR CLOSING DEBATE IS THAT THE CURRENT DEFINITION OF ANTI SEMITISM AS HAS BEEN CRAFTED BY I HRA INTERNATIONAL HOLOCAUST REMEMBRANCE ALLIANCE THERE IS DETAILS IN THE DEFINITION THAT HAVE THE IMPACT AND HAVE SEEN IN REAL LIFE IN PRACTICAL ENFORCEMENT IF YOU WILL VARIOUS LAWS A CHILLING EFFECT ON THE SPEECH OF THOSE WHO WANT TO CRITICIZE THE NATION OF ISRAEL. THAT THAT WOULD BE CAUGHT UP IN THE DEFINITION OF ANTI SEMITISM. OR JUST CRITICISM OF ISRAEL AS A COUNTRY AND AS A NATION. I WONDER IF YOU COULD ADDRESS IN YOUR DEBATE PERHAPS ANY OPENNESS OR WILLINGNESS TO SLIGHTLY REVISE THE DEFINITION OF ANTI SEMITISM TO ADDRESS SOME CONCERNS AROUND THE CHILLING OF FREE SPEECH ON OBVIOUSLY WHAT IS A VERY VERY CONTENTIOUS AND IMPORTANT ISSUE THAT IS HAPPENING GLOBALLY WITH THE CONFLICT IN GAZA BECAUSE I DO THINK IT IS A VALID CONCERN. WE HAVE BUILT A LOT A LOT OF LAWS ON THIS DEFINITION BUT IF YOU COULD OPINE ON YOUR OPENNESS OUR WILLINGNESS TO LOOK AT THAT DEFINITION TO ENSURE PEOPLE CONTINUE TO HAVE THAT FIRST AMENDMENT FREE SPEECH I WILL VOTE FOR THE BILL TODAY AND THANK YOU. CHAIR ANYONE ELSE? SENATOR CALATAYUD YOU ARE RECOGNIZED TO CLOSE ON THE BILL. >> Senator Calatayud: THANK YOU. THANK YOU SENATORS FOR VOICING YOUR SUPPORT OF THE CREATION OF THE ANTI SEMITISM TASK FORCE. I WANT TO BEGIN WITH THE FLORIDA STATISTICS OF WHAT WE HAVE SEEN IN THE LAST FIVE YEARS TO SAY WHY WE ARE SPECIFICALLY CREATING AN ANTI SEMITISM TASK FORCE. AND WHILE I HAD THE PRIVILEGE TO CARRY A COSPONSOR AND SUPPORT LIKE MANY OF YOU HAVE WITH MY VOTE THE POLICY THAT IS THE UNDERLYING FRAMEWORK OF HOW WE ARE TACKLING THIS ISSUE IN FLORIDA OF EXPONENTIAL INCREASE IN JEWISH HATE CRIME. THAT REALLY IS ABOVE AND BEYOND WHAT WE'RE SEEING IN OTHER CATEGORY. WE UNDERPIN WE UNDERPIN IN THE FLORIDA LEGISLATURE BASED UPON THE POLICY PASSED LAST YEAR THE DEFINITION OF ANTI SEMITISM WITH THE HOLOCAUST REMEMBRANCE DEFINITION AND I DO BELIEVE THAT THAT IS APPROPRIATE. WE VOTED ON IT TOGETHER LAST YEAR AND AS THE LEGISLATURE IF YOU WANT TO OPEN IT UP IT IS A QUESTION FOR ANOTHER PIECE OF LEGISLATION. AND I THINK IT IS IMPORTANT TO STATE THAT THIS LEGISLATION AND THE OTHER BASELINE LEGISLATION THAT WE HAVE PASSED AS A BODY THAT IS FLORIDA STATUTE TODAY DOES NOT CRIMINALIZE CRITICISM OF ISRAEL BUT WHEN IT TRANSCENDS TO INTIMIDATION AND THREAT OF VIOLENCE TO A PEOPLE YOU HAVE LOST YOUR ABILITY TO CALL IT FREE SPEECH. THAT IS A THREAT AND AN INTIMIDATION PARTICULARLY WITH ENHANCED PENALTIES FOR HATE CRIMES. I THINK THERE HAS TO BE A STRONG MORAL CLARITY ON WHAT THE DIFFERENCES ARE AND, I THINK IT IS IMPORTANT FOR US AS ELECTED OFFICIALS TO HEAR FROM OUR CONSTITUENTS AND TO HEAR FROM STAKEHOLDERS ACROSS THE STATE AND UNDERSTAND THEIR POINTS AND TO WAY WITH MORAL CLARITY WHAT WE SHOULD CHANGE AND WHAT SHOULD STAY CONCRETELY THE SAME. WITH MY OPINING WITH THAT I ASK FOR YOUR SUPPORT OF THE CREATION OF THE TASK FORCE THANK YOU. >> Chair: CALL THE ROLL ON SB 1072. >> SENATOR OSGOOD. SENATOR POLSKY. SENATOR SIMON. SENATOR SMITH. SENATOR WRIGHT. SENATOR YARBOROUGH. SENATOR MARTIN. CHAIR GARCIA. >> Chair: SB 172 REPORTS FAVORABLY. THANK YOU. NOW WE WILL GO TO TAB NUMBER THREE AND I AM GOING TO HAND THE GAVEL TO SENATOR WRIGHT. AND HE CAN TAKE OVER WHILE I DO AN AMENDMENT ON SENATOR SIMON'S BILL. TAB THREE CS FOR SB 532 CLERKS OF COURT BY SENATOR SIMON. SENATOR WRIGHT WILL NOW CHAIR. >> Vice Chair: YOU ARE RECOGNIZED TO EXPLAIN THE BILL. >> Senator Garcia: OVER THE YEARS THIS HAS BEEN A STRONG SUPPORTER OF THE CLERKS AND THE ESSENTIAL WORK THEY PERFORM AND WHEN FACED WITH CONTINUED FUNDING GAPS BETWEEN WHAT IT TAKES TO RUN THE CLERK'S OFFICE AND THE REVENUES AVAILABLE TO DO SO WE HAVE RESPONDED BY WORKING WITH THEM TO DIVERSIFY THEIR FUNDING AND ALLOWING THEM TO KEEP MORE OF THEIR DOLLARS THAT THEY COLLECT. THIS BILL EXCUSE ME, THIS A BILL PRESENT TODAY REAFFIRMS OUR COMMITMENT TO OUR CLERKS AND THE SKILLED PUBLIC SERVICE PROFESSIONALS WHO DEAL SERVE OUR CONSTITUENTS EVERY DAY. THIS BILL AUTHORIZES CLERKS TO RETAIN THE FULL AMOUNT OF REVENUE COLLECTED BY THE ARTICLE FIVE REVENUE ESTIMATING CONFERENCE ANNUAL REVENUE PROJECTIONS INSTEAD OF RETURNING 50 PERCENT TO SUCH THUS WITH THIS BILL THE ENTIRE TEAT OF THE CUMULATIVE REVENUE EXCESS MAY BE USED IN THE DEVELOPMENT OF THE CLERKS TOTAL COMBINED BUDGET RATHER THAN ONLY 50 PERCENT OF SUCH CUMULATIVE EXCESS. THAT IS THE BILL. >> Chair: THANK YOU. ARE THERE QUESTIONS ON THIS BILL? SEEING NONE WE HAVE TWO AMENDMENTS. SO LET'S GO AND TAKE UP AMENDMENT 552482 BY SENATOR GARCIA. I WILL GO RIGHT TO LATE FILE AMENDMENT. OKAY WE WILL MOVE FORWARD TO LATE FILED SUBSTITUTE AMENDMENT BAR CODE 374778 BY SENATOR GARCIA. IS THEIR OBJECTION TO TAKING UP THIS LATE FILED SUBSTITUTE AMENDMENT? THERE IS NO OBJECTION. SHOW INTRODUCED. SENATOR GARCIA YOU ARE RECOGNIZED EXPLAIN THE SUBSTITUTE AMENDMENT. >> Senator Garcia: THE SUBSIDY AMENDMENT REINFORCES PROCEDURES FOR FORECLOSURE SALES CHAPTERED 45 FLORIDA STATUTE PROVIDES A STATUTORY PROCESS FOR FORECLOSURE SALES THAT CONFORM TO CONSTITUTIONAL DUE PROCESS WHILE THE COURT IS NOT REQUIRED TO USE THIS PROCESS IT IS USED AS THE DEFAULT BY MOST COURTS FOR ALMOST ALL SALES. THE CURRENT STATUTORY PROCESS PROVIDES PROCEDURAL SAFEGUARDS FOR ALL PARTIES AS WELL AS ENSURING CONSISTENCY AMONGST SALES. THE CLERK OF COURT IS IDENTIFIED IN CURRENT LAW AS AN INTEGRAL PART OF CHAPTER 45 JUDICIAL SALE AS THE JUDICIAL SALE ADMINISTRATOR CLERK ENSURES STATUTORY SAFEGUARDS ARE MAINTAINED THROUGHOUT THE SALE AS CONDUCTS THE AUCTION AND TAKES IN THE PROCESS FUNDS ASSOCIATED WITH THE SALES AND ISSUES THE CERTIFICATE OF TITLE. THE AMENDMENT CLARIFIES A FORECLOSURE SALE MUST BE CONDUCTED ACCORDING TO CHAPTER 45 STATUTORY PROCESS AND ENSURES FUNDING PREDICTABILITY TO THE CLERKS AS THE SOLE ADMINISTRATOR FORCLOSURE SALES. THAT IS THE AMENDMENT. >> Chair: THANK YOU. ARE THERE QUESTIONS ON THE SUBSTITUTE AMENDMENT? I SEE NONE. ARE THERE APPEARANCE FORMS? THERE ARE NONE. IS THERE DEBATE ON THE SUBSTITUTE AMENDMENT? SEEING NONE YOU MAY CLOSE ON THE SUBSIDY AMENDMENT. >> Senator Garcia: I DO APPRECIATE THE OPPORTUNITY TO DO THIS. I AM A STICKLER FOR JUSTICE. AND THIS AMENDMENT CAME ABOUT AN ARTICLE THAT I HAD WRITTEN WITH REGARD TO FORECLOSURE PROCEDURES THAT WERE HAPPENING DOWN IN MIAMI DADE COUNTY AND ACTUALLY IT WAS IN THE MIAMI HERALD WHERE THERE WAS A COURT APPROVAL REPEATEDLY OBTAINED FORECLOSURE AUCTION PROCEDURES IN CONDOMINIUM LEAN CASES THAT COULD NOT SAY EFFECTIVE LEASED UNITS TO CHANDLER CLIENTS AND ASSOCIATES AND THIS IS A REOCCURRING APPROACH IN THE STATUTE WILL CLEARLY CODIFY THE ARTICLE HIGHLIGHTS MULTIPLE DISPUTED AUCTIONS AND BOARD MEMBERS AND COMPETING BIDDERS WHO ALLEGED SHELL BIDDING DESIGNED TO TRIGGER THE NO REDO MECHANISM AND SCRUTINIZES THE USE OF UNLIMITED CREDITS IN SOME ONLINE SALES. THIS ALLOWED A BIDDER TO WIN WITH A HIGH BID BUT PAY ONLY BACK IN JUDGMENT AMOUNT WHICH IS BASICALLY NOTHING POTENTIALLY REDUCING OR ELIMINATING SURPLUS OR ERRORS MAY CLAIM. THIS IS FRAMED AS INCREASINGLY SIGNIFICANT AS CONDO OWNERS FACE RISING ASSESSMENTS AND LIENS AND NOTES DESPITE POINTS OF JUDICIAL LANGUAGE AND ONE OR EARLIER PARTY ACCOUNTABILITY HAS BEEN LIMITED AND IN REALITY THERE WAS NOTHING IN STATUTE TO SAY OTHERWISE. THIS AMENDMENT DIRECTLY ADDRESSES THE ISSUE BY CLOSING EXISTING LOOPHOLES AND CLARIFYING AND CODIFYING STATUTORY REQUIREMENTS AND INCREASING TRANSPARENCY ACROSS ALL FORECLOSURE TRANSACTIONS AND THAT IS WHY I APPRECIATE YOU PUTTING THIS AMENDMENT ON YOUR BILL. >> Chair: THANK YOU SENATOR GARCIA. THOSE IN FAVOR OF THE SUBSIDY AMENDMENT? THOSE OPPOSED? THE SUBSTITUTE AMENDMENT IS ADOPTED. LADIES AND GENTLEMEN, WE ARE BACK ON THE BILL AS AMENDED. OTHER QUESTIONS ON THE BILL AS AMENDED? SEEING NONE THERE ARE FOUR APPEARANCE FORMS. JASON WELTY REPRESENTING THE FLORIDA CLERKS OF COURT OPERATION CORPORATION WAIVING IN SUPPORT. CLERK TARA GREEN WAIVING IN SUPPORT. CLERK DOUGGAN CORBETT WAIVING IN SUPPORT. AND SARAH SAUNDERS BRIMMER WAIVING IN SUPPORT. ANY DEBATE ON THE BILL AS AMENDED? SEEING NONE SENATOR SIMON YOU MAY CLOSE ON THE BILL AS AMENDED. >> Senator Simon: I WANT TO THANK ALL THE COSPONSORS OF THIS BILL. I ENCOURAGE ALL OF YOU IF YOU HAVE NOT SIGNED ON TO COSPONSOR THIS BILL I APPRECIATE YOUR SUPPORT. WITH THAT I CLOSE. >> Chair: THANK YOU. CALL THE ROLL ON CS FOR CS SB 532. >> SENATOR OSGOOD. >> YES. >> SENATOR POLSKY. >> YES. >> SENATOR SIMON. >> YES. >> SENATOR SMITH. >> YES. >> SENATOR WRIGHT. >> YES. >> SENATOR YARBOROUGH. >> YES. >> SENATOR MARTIN. >> SENATOR GARCIA. >> Chair: THIS REPORTS FAVORABLY. THANK YOU VERY MUCH. I WILL RETURN THE CHAIR BACK TO SENATOR GARCIA. >> Senator Garcia: EXCELLENT. WE ARE BACK THE TAP NUMBER ONE. AS YOU KNOW THE SPREADSHEETS AND GAA REPOSTED LAST FRIDAY SO EVERYONE HAS HAD THE OPPORTUNITY TO REVIEW DETAILS. WITH THE TIME WE HAVE LEFT I AM GOING TO SUGGEST THAT WE LIMIT A FULL COMMITTEE DISCUSSION ON THE BUDGET AT THIS TIME AND PRIORITIZE PUBLIC TESTIMONY. WE REALIZE LAST WEEK SEVERAL PEOPLE DROVE UP FOR HOURS TO COME AND TESTIFY AND THEY DID NOT HAVE THE OPPORTUNITY. WE WILL GIVE YOU THE OPPORTUNITY TO DAY. I WILL BE PRESENTING AND SUMMARIZING THE BUDGET IN IS A FULL APPROPRIATIONS COMMITTEE THIS AFTERNOON AND AGAIN ON THE FLOOR WHERE MEMBERS WILL HAVE AMPLE OPPORTUNITY TO ASK QUESTIONS AND OFFER INPUT AND FULLY DEBATE THE PROPOSAL. BROADLY THE CRIMINAL AND CIVIL JUSTICE BUDGET TOTAL $7.9 BILLION AND REFLECTS A STRONG COMMITMENT TO OUR CORE PUBLIC SAFETY PRIORITIES CORRECTIONS, JUVENILE JUSTICE, LAW ENFORCEMENT, AND THE COURT SYSTEM. IT RESPONSIBLY ADDRESSES THE CURRENT DEFICIT AT THE DEPARTMENT OF CORRECTIONS WILL ALSO POSITIONING THE DEPARTMENT'S MANAGEMENT ANTICIPATED GROWTH FOR INMATE POPULATION NEXT YEAR. WE HAVE FUNDED MANY OF THE CRITICAL NEEDS IDENTIFIED BY OUR AGENCIES ENSURING STABILITY IN THE WE HAVE CONTINUED SUPPORT FOR FLORIDIANS AND OVERALL THE BUDGET PROPOSAL REPRESENTS A THOUGHTFUL DISCIPLINED APPROACH AND PROVIDE SOLID FOUNDATION AS WE HEAD TO CONFERENCES NEGOTIATIONS WITH PARTNERS IN THE HOUSE. WITH THAT, SHE, AND APPEARANCE FORMS FOR THE BUDGET? WE HAVE AMY COURT. SPEAKING FOR INFORMATION. SHE IS COMING. ALL RIGHT. THANK YOU AMY. YOU ARE RECOGNIZED. >> GOOD MORNING. GOOD AFTERNOON. I AND AMY AND I WANT TO MAKE IT ABUNDANTLY CLEAR THAT I BELIEVE EVERYONE SHOULD MAKE A LIVING WAGE. MOST OF MY 26 YEAR CAREER WITH THE PHONE COMPANY WAS SPENT IN THE ROLE OF A UNION STEWARD AND I ALSO SERVED AS THE VICE PRESIDENT FOR ONE OF THE LARGEST UNIONS IN THE COUNTRY I HAVE SERVED. I'M SORRY I WAS NOT EXPECTING TO BE UP FIRST. I HAVE SERVED IN A CAPACITY WHICH ALLOWED ME TO TAKE PART IN THE BARGAINING PROCESS AND I TAKE PRIDE IN MY FIGHT FOR WORKERS FOR THEIR WAGES, BENEFITS, SAFE WORKING CONDITIONS, TRANSPARENCY, AND THE MISSION OF THE ORGANIZATION FOR EACH EMPLOYEE'S ABILITY TO COME TO WORK EACH DAY KNOWING THAT LEADERSHIP IS PROVIDING THE TOOLS THEY NEED TO PERFORM THEIR DUTIES. THAT BEING SAID IF WE ARE ASKING TO START PAY AT $28 PER HOUR PLUS BENEFITS WE SHOULD FIRST TAKE A SERIOUS LOOK AT THE QUALIFICATIONS FOR THAT POSITION. ONE APPLYING TO BE A POLICE OFFICER YOU ARE PSYCHOLOGICALLY EVALUATED AND YOU TAKE A LIE DETECTOR TEST AMONGST MANY OTHER QUALIFICATIONS. APPLYING TO BE A CORRECTIONAL OFFICER REQUIRES NEITHER. WE HAVE 18 YEAR OLDS AND I KNOW THE COMMITTEE HAS HEARD BEING HIRED STRAIGHT OUT OF HIGH SCHOOL SUPERVISING LARGE GROUPS OF ADULTS WITH LITTLE TO NO WORK EXPERIENCE LET ALONE LIFE EXPERIENCE. WE SEE IN THE NEWS THIS IS NOT WORKING OUT. THEY ARE EASILY INFLUENCED AND SUCCUMB TO PRESSURE THAT A MORE MATURE ADULT MIGHT NOT WITH THE LIVED EXPERIENCE COMES DISCERNMENT. TRANSPARENCY IS NOT OPTIONAL IN A PUBLIC AGENCY IT IS THE RESPONSIBILITY. FTC IS ENTRUSTED WITH ENORMOUS AUTHORITY OVER HUMAN LIFE, PUBLIC SAFETY, AND TAX DOLLARS AND WITH THAT AUTHORITY COMES AN OBLIGATION TO BE OPEN AND HONEST WITH THE PUBLIC. UNTIL RECENTLY FTC PUBLIC INFORMATION ABOUT STAFF ARRESTS. IT IS NOW REMOVED AND WHAT REMAINS IS A LIST OF VISITORS AND INCARCERATED PEOPLE'S ARRESTS. THIS CHANGE RAISES SERIOUS TROUBLING QUESTIONS AND IT IS NOT TRANSPARENT. IT OBSCURES THE FULL PICTURE OF WHAT IS HAPPENING IN FLORIDA PRISONS AND ACCOUNTABILITY CANNOT EXIST WITH FILTERED INFORMATION. WE ALSO WANT TO ENSURE THE ENVIRONMENT INSIDE FLORIDA PRISONS IS AS SAFE AS POSSIBLE FOR THOSE WHO WORK THERE AND THOSE WHO LIVE THERE. RIGHT NOW WE ASK PEOPLE TO WORK IN FACILITIES THAT ARE LITERALLY FALLING APART. WE HAVE BUILDINGS WITHOUT RELIABLE HEAT, FEELING PLUMBING, UPDATED KITCHENS, LIVING AREAS THAT WOULD NOT PASS A BASIC STANDARDS ANYWHERE AND INVESTING IN SALARIES WHILE IGNORING THESE CONDITIONS DOES NOT CREATE SAFETY BUT CREATES CHAOS. EQUALLY TROUBLING ARE THE CONDITIONS FACED BY THE PEOPLE WHO LIVE THERE. MANY DO NOT HAVE ADEQUATE CLOTHING AND BEDDING. THEY HAVE ONE SET OF CLOTHING MEANING ONE PAIR OF PANTS, ONE SHIRT, AND ONE PAIR OF UNDERWEAR AND I WONDER WHAT HAPPENS ON LAUNDRY DAY. BLANKETS ARE BEING HANDED OUT THAT ARE SO THIN THEY TEAR IF YOU PULL THEM TO HARD AND JACKETS WITHOUT BUTTONS AND ZIPPERS TO CLOSE. WHEN WE REQUEST EXTRA BLANKETS BE PROVIDED WE ARE TOLD IF THE CHOICE IS PROVIDING EXTRA BLANKETS OR REPAIRING A LEAKING ROOF THE ROOF WILL WIN BUT THE ROOF IS NOT BEING REPAIRED EITHER AND THIS IS ALL WELL FLORIDA IS EXPERIENCING RECORD LOW TEMPERATURES AND AT SOME FACILITIES MEN ARE SIDE TO KITCHEN DUTY AND ARE FORCED TO SHARE WORK BOOTS. FROM ONE SHIFT TO ANOTHER WHICH IS OBVIOUSLY UNSANITARY, UNSAFE, UNACCEPTABLE IN ANY FOOD SERVICE ENVIRONMENT. EACH WORKER SHOULD HAVE THEIR OWN PROTECTIVE FOOTWEAR. IT IS BASIC HYGIENE IS NOT A LUXURY. THERE ARE OTHER INSTITUTIONS WHERE THEY ARE FORCED TO WORK IN THEIR CROCS IN THE KITCHEN WHICH IS NOT ONLY A VIOLATION OF POLICY BUT A SAFETY HAZARD. ENCLOSING IF WE WANT ACCOUNTABILITY PROFESSIONALISM AND SAFETY WE MUST FIRST INVEST IN INFRASTRUCTURE, EQUIPMENT, TRAINING AND HUMANE CONDITIONS. FIX BUILDINGS AND SYSTEMS AND PROVIDE PROPER CLOTHING AND SUPPLIES AND FEED THEM SOMETHING THAT WILL NOURISH THEM AND NOT STARVE THEM AND ONLY THEN CAN WE RESPONSIBLY TALK ABOUT PAY INCREASES. IT'S ABOUT DOING WHAT IS RIGHT FOR EVERYONE INVOLVED. >> Chair: WE APPRECIATE YOU. THANK YOU. WE ALSO HAVE A RED PHILLIPSON. SPEAKING. AND THEN AFTER THAT WE WILL SEE BARBARA AND THEN AFTER BARBARA WE WILL HEAR FROM CONNIE EPSON. >> GOOD AFTERNOON YOU ARE RECOGNIZED. >> HELLO MADAME CHAIR AND COMMITTEE MEMBERS. MY NAME IS LORETTE PHILLIPS. I AM A TAXPAYER IN FLORIDA. TODAY I ASKED THE BODY TO FOCUS ON THE MOST BASIC HUMAN NEEDS AND SIDE CORRECTIONAL SYSTEMS. SAFETY, WARMTH, FOOD, AND MEDICAL CARE ARE NOT PRIVILEGES. THEIR OBLIGATIONS. LET'S START BY FIXING WHAT NEVER SHOULD HAVE BEEN BROKEN. THE INSTITUTIONS THAT HAVE BEEN ALLOWED TO BE NEGLECTED. WE HAVE ALLOW THE INSTITUTIONS AND THE MEN AND WOMEN WHO LIVE THERE TO GO DAY TO DAY WITHOUT HEAT, HOT WATER TO SHOWER, MEN AND WOMEN WHO HAVE TO LIVE IN HOUSING AREAS WITH LIFT STATIONS BROKEN DOWN THE LEAVING COMPOUNDS WITHOUT RUNNING WATER FOR DAYS. NO WAY TO TAKE A SHOWER OR FLUSH THE TOILET. NEGLECTED MEDICAL CARE LACK OF FOOD IT IS NOT ACCEPTABLE. WE ARE NOT A THIRD WORLD COUNTRY. THIS IS THE UNITED STATES OF AMERICA. THIS IS FLORIDA. THIS IS NOT ABOUT BEING SOFT ON CRIME IT IS ABOUT THE STATE NEGLECTING ITS RESPONSIBILITY. WHEN INDIVIDUALS ARE DENIED BASIC HUMAN NEEDS LIKE THIS IT IS NEGLECT. BY REFUSING TO INVEST IN REPAIRS AND INFRASTRUCTURE THE STATE OF FLORIDA IS CHOOSING TO NEGLECT HUMAN BEINGS THESE HUMAN BEINGS ARE ASSIGNED TO THEIR CARE, CUSTODY AND CONTROL. DON'T FOCUS ON RAISING STARTING PAY TO $20 AN HOUR BUT THIS IS FOR HIGH SCHOOL DIPLOMAS AND GED'S. THESE INDIVIDUALS ARE BEING TRADED BY THE INCARCERATED PEOPLE WHICH IS EVEN DOCUMENTED IN THE STUDY. IF WE ARE GOING TO INCARCERATE PEOPLE WE MUST MAKE THEIR BASIC HUMAN NEEDS MET. IF THAT TAKES SPENDING MONEY ON INCARCERATED PEOPLE AND THE PLACES THEY LIVE IN, THEN LET'S DO IT. THANK YOU. >> Chair: THANK YOU. WE HAVE A BARBARA NEXT. AND IF WE COULD AND IF WE COULD HAVE CONNIE EDSON STANDING BY. YOU ARE RECOGNIZED. >> Public Speaker: THANK YOU. MEMBERS, MY NAME IS BARBARA AND I AM A VOTER IN THE STATE OF FLORIDA. WE ARE PREPARING TO SPEND $250 MILLION TO STUDY AND POTENTIAL BE BILLED ANOTHER CORRECTIONAL FACILITY. WHILE WE ALREADY HAVE RESPONSIBLE COSTS. I'M SORRY. WHILE WE ALREADY HAVE A RESPONSIBLE COST SAVING SOLUTION RIGHT IN FRONT OF US. WE ARE NOT FOCUSING ON RELEASING THE ELDERLY, THOSE WITH POTENTIAL INSTITUTIONAL RECORDS. MANY OF THESE INDIVIDUALS POSE LITTLE THREAT TO NO PUBLIC SAFETY RISK. UNDER THE CURRENT FCORE REVIEW GUIDELINES, THE RECIDIVISM RATE IS LESS THAN 2.5 PERCENT. THIS IS NOT SPECULATION. THIS IS DOCUMENTED RECORD IN THE ANNUAL REPORT. EVERY DOLLAR SPENT WAREHOUSING THE FRAIL AND MEDICALLY FRAGILE IS A DOLLAR NOT INVESTED IN INFRASTRUCTURE REPAIRS, VICTIM SERVICES OR COMMUNITY SAFETY. SMART RELEASES NOT BEING SOFT ON CRIME. IT IS BEING FISCALLY RESPONSIBLE AND EVIDENCE-BASED. INSTEAD OF BUILDING MORE PRISONS, LET'S REDUCE THE NEED FOR THEM INSTEAD. SENATOR SMITH HAS FILED SB 614 THAT WOULD SAFELY REDUCE THE PRISON POPULATION. AND TAXES IN FLORIDA. THANK YOU FOR LISTENING. >> Chair Garcia: WE APPRECIATE YOU. THANK YOU. ALSO UP NOW IS CONNIE EDSON SPEAKING FOR. GOOD AFTERNOON CONNIE. HOW ARE YOU? HAPPY NEW YEAR. YOU ARE RECOGNIZED. >> Public Speaker: GOOD MORNING CHAIR MEMBERS. MY NAME IS CONNIE EDSON. THIS IS MY SIXTH YEAR ADVOCATING FOR AIR CONDITIONING IN OUR FLORIDA STATE PRISONS. TWO YEARS AGO WE SPENT $5 MILLION ON THE KPMG REPORT HIGHLIGHTING THE CRISIS STILL NOTHING AS BEEN DONE. THERE IS A CURRENT LAWSUIT THAT DAY CORRECTIONAL INSTITUTION IN MIAMI STATING FOUR PEOPLE HAVE DIED FROM HEAT RELATED ILLNESSES. THE HEAT INDEX REACHED 160° PUTTING STAFF ON THE INCARCERATED AT SERIOUS RISK AND ESCALATING VIOLENCE THROUGHOUT THE FACILITY. I'M GOING TO BE PASSING OUT A SHEET FROM THE LAWSUIT SHOWING THE STATISTICS. YEAR AFTER YEAR HE PUT A BAND-AID ON THE PROBLEM. WE SPENT MILLIONS BRINGING IN THE NATIONAL GUARD BECAUSE WE WERE SHORT 2000 CORRECTIONAL OFFICERS AND WE KEEP PATCHING PROBLEMS INSTEAD OF FIXING IT. OFFICERS WORK 12 HOUR SHIFTS OR LONGER WEARING TWO LAYERS OF CLOTHING, HEAVY GEAR AND 116° HEAT. WOULD YOU WANT TO WORK IN THAT ENVIRONMENT? THE BEFORE-AND-AFTER AC PILOT PROGRAM TARGETS THE SLEEPING DORMS EDUCATION DORMS, DOG PROGRAM AREAS, AND THE TWO MEN CELLS. THE WHOLE FACILITY. THE DEPARTMENT OF CORRECTIONS WOULD WELCOME AIR CONDITIONING BUT FUNDING IS LIMITED. THAT'S WHY LEGISLATORS CAN STEP IN AND LEAD WITH THIS PILOT PROGRAM. A FEW YEARS AGO SECRETARY DIXON LET ME DONATE A SPLIT MANY AC UNIT TO THE DOG PROGRAM AND CORRECTIONAL IN OCALA. THIS THESE COME IN MANY DIFFERENT SIZES OF FABRICATED WALLS. THE DOG PROGRAM IS NOW AIR-CONDITIONED. ONE COMPRESSOR CAN COOL OFF AN ENTIRE 44 TWO MEN CELL RING OR A LARGE OPEN BAY AREA WITH A FABRICATED WALL. IT'S THE MOST ENERGY SAVING AND COST-EFFECTIVE SOLUTION THAT WE CAN DO RIGHT NOW. FLORIDA HAS THE CHANCE TO LEAD THE WAY FOR ALL SOUTHERN STATES TO PROTECT THE PEOPLE WORKING AND LIVING IN THESE FACILITIES. ISN'T THAT WHAT APPROPRIATIONS ARE FOR? TO PROVIDE FUNDING TO HELP THE PEOPLE WHO NEEDED THE MOST? PLEASE SUPPORT THIS AC PILOT PROGRAM. IT'S PRACTICAL AND HUMANE IN THE RIGHT THING TO DO FOR OUR STAFF AND THE INCARCERATED. YOU SO MUCH. WE REALLY APPRECIATE IT. >> Chair Garcia: THANK YOU CONNIE. I WOULD LIKE TO ADDRESS THE MEMBERS AND ALSO THE PUBLIC. THE PUBLIC THAT IS -- WE HAVE A LOT OF PEOPLE SITTING HERE WAITING FOR THE BILL SB 1632. IDEOLOGIES INCONSISTENT WITH AMERICAN PRINCIPLES. WE DO UNDERSTAND, WE APPRECIATE YOU COMING OUT. BUT WE UNDERSTAND IT'S GOING TO TAKE A LOT OF TIME SO CURRENTLY WE ARE GOING TO TP THE BILL FOR THE FOLLOWING WEEK. FOR THE PEOPLE THAT CAME UP HERE AND WANTED TO ADDRESS, THAT WOULD HAVE ADVOCATED FOR IT I AM MORE THAN HAPPY TO MEET WITH YOU AND LISTEN TO YOU AND ADDRESS SOME YOUR CONCERNS IF I CANCEL THE TRIP IS NOT LOST. I WANTED TO GIVE YOU A HEAD'S UP ON THAT. DIDN'T WANT YOU TO SIT THROUGH ANOTHER ONE OF SENATORS GRALL BILL UNLESS YOU WANT TO LISTEN TO THE OTHER BILL SENATOR GRALL HAS TO PRESENT TODAY. FOR THE MOMENT IDEOLOGIES INCONSISTENT WITH AMERICAN PRINCIPLES WILL BE TP FOR THE FOLLOWING WEEK. >> Sen. Smith: MADAM CHAIR, I HAVE A QUICK QUESTION. I HAVE SEEN HOW THIS HAS BEEN DONE IN OTHER COMMITTEES. IS THERE A WAY FOR YOU TO READ INTO THE RECORD HOW MANY PUBLIC SPEAKER CARDS WE HAVE IN FAVOR AND AGAINST SO THAT WE CAN AT LEAST LAY DOWN THE RECORD HERE? AND I ALSO KNOW THIS IS YOUR COMMITTEE AND I RESPECT YOUR DECISION. I ALSO KNOW I HAVE WATCHED OTHERS LIKE CHAIR PASSIDOMO OFTEN TIMES AS TP'D A BILL BUT THEN GIVEN A NUMBER OF INDIVIDUALS WHO WERE HERE PHYSICALLY PRESENT AN OPPORTUNITY TO SPEAK THEIR PIECE EVEN THOUGH THE BILL GOT TP JUST BECAUSE WE UNDERSTAND MANY OF THEM TRAVELED A LONG DISTANCE. I DEFER TO YOU MADAM CHAIR, BUT JUST A COUPLE SUGGESTIONS THERE. >> Chair Garcia: OKAY. WE WILL GIVE THE SENATOR GRACE ON HER BILL SB 644 AND WE DO HAVE TO STOP AT NOON. IF ONCE WE AREN'T DONE WITH HER BUILDERS TIME LEFT AND THEY WANT TO STAY, WHERE THAN HAPPY TO GO AHEAD AND DO SO. >> Sen. Smith: THEN I WOULD SUGGEST YOU DON'T TP THE BILL. >> Chair Garcia: SENATOR GRALL AS ANOTHER BILL. 644. WE WILL ADDRESS THAT BILL AND THEN WHAT WE WILL DO IS MOVABLE TYPE PUBLIC TESTIMONY ON THE TP BILL CONSIDERING THAT THEY TRAVELED. MANY CAME FROM OUT OF STATE. I RECEIVED PLENTY OF EMAILS. SO THEY CAN PUT IN THEIR PUBLIC TESTIMONY AND THEN WE WILL REVISIT THE BILL NEXT WEEK. >> Sen. Smith: THANK YOU FOR THE CLARIFICATION. I'M ALL FOR TP 1632. >> Chair Garcia: THANK YOU. WE WILL NOW MOVE TO TAB FIVE WHICH IS SENATOR GRALL CS FOR SB 644 ON ATTORNEY FEES, SUIT MONEY AND COST. YOU'RE RECOGNIZED TO EXPLAIN THE BILL. >> THANK YOU MADAM CHAIR. JUST AS A POINT OF CLARIFICATION, THERE IS A CORRESPONDING PUBLIC RECORDS BILL I BELIEVE IN FRONT OF YOUR COMMITTEE THAT I WOULD ALSO RESPECTFULLY ASK YOU TO TP AT THE SAME TIME. >> Chair Garcia: THANK YOU FOR THAT. APPRECIATE YOU. >> Sen. Grall: WITH REGARD TO 644 SB 64462 UPDATE CT. AWARDED FEE STATUTES IN CHAPTER 61 DISSOLUTION OF MARRIAGE IN CHAPTER 47 TO. SPECIFICALLY THE LEGISLATION GIVES THE COURT THE AUTHORITY TO WORD 30 FEES AS A SANCTION TO DENY OR REDUCE PARTY ENGAGES IN BAD FAITH LITIGATION BY CODIFYING FACTORS SET FORTH IN ROSEN B ROSEN IN THE SMALLWOOD. THE BILL ALLOWS A COURT TO CONSIDER WHETHER GOOD FAITH OFFER -- RECTIFYING A SPLIT IN THE DISTRICT COURTS. IT CLARIFIES THE COURT MAY AWARD WHETHER TEMPORARY OR FINAL RETROSPECTIVELY WHICH WILL RECTIFY A SPLIT DISTRICT COURT ON THAT ISSUE. IT PERMITS A PARTY TO COLLECT ATTORNEYS FEES AND COSTS INCURRED IN ESTABLISHING AN APPROPRIATE HER FEES AND COSTS WHICH IS THE THIRD DCA FOUND IS NOT AUTHORIZED BY STATUTE AND LASTLY, SB 644 CLARIFIES AN AWARD OF ATTORNEY FEES AND COST IS PERMITTED INFERTILITY, APPELLATE PROCEEDINGS CONTRARY TO ONE COURTS RECENT FINDING THAT THEY WERE NOT AUTHORIZED BY STATUTE. THAT IS THE BILL AND THERE IS AN AMENDMENT. >> Chair Garcia: THANK YOU. TAKE-UP AMENDMENT 462448 BY SENATOR GRALL. YOU ARE RECOGNIZED. >> Sen. Grall: THIS IS TECHNICAL IN NATURE IN THAT IT ENSURES FLORIDA STATUTE 61.16 IS DRAFTED EXACTLY THE SAME AS FLORIDA STATUTE SEVEN 42.054 TO ENSURE CONSISTENCY AND UNIFORMITY OF FEE AND STORED IN FAMILY LAW CASES AROUND THE STATE. >> Chair Garcia: ARE THERE QUESTIONS ON THE AMENDMENT? THERE IS A LATE MILE LIMIT TO THE LIMIT 818776 I SENATOR GRALL. >> Sen. Grall: THIS IS A TECHNICAL LIMIT TO GREAT UNIFORMITY IN THE LANGUAGE. >> Chair Garcia: IS THERE OBJECTION? WITHOUT OBJECTIONS WOULD INTRODUCED. YOUR RECOGNIZE -- WHAT YOU JUST DID. THERE QUESTIONS ON THE AMENDMENT TO THE AMENDMENT? THESE ARE THE APPEARANCE FORMS? APPEARANCE FORMS FOR THE AMENDMENT TO THE AMENDMENT. ALISA HURLEY FAMILY LAW SECTION FLORIDA BAR SHE IS WAIVING IN SUPPORT. WE HAVE TWO FOR THIS FOR THE BILL. ALL RIGHT. GREAT. ANY DEBATE ON THE AMENDMENT TO THE AMENDMENT? SENATOR GRALL, YOU ARE RECOGNIZED TO CLOSE ON THE AMENDMENT. >> Sen. Grall: TO THE AMENDMENT. WAIVE CLOSE. >> Chair Garcia: ALL IN FAVOR SAY YAY. ALL OPPOSED SAY NAY. THE AMENDMENT TO THE AMENDMENT IS ADOPTED. BACK ON THE MAIN AMENDMENT. WHAT AM I DOING? BACK ON THE AMENDMENT. ARE THERE ANY APPEARANCE FORMS FOR THE AMENDMENT? IS THERE ANY DEBATE ON THE AMENDMENT? SENATOR GRALL, YOU'RE RECOGNIZED TO CLOSE ON THE AMENDMENT. >> Sen. Grall: WAIVE CLOSE. >> Chair Garcia: ALL IN FAVOR SAY YAY. ALL THE POST A NAY. BACK ON THE BILL AS AMENDED. ARE THERE ANY QUESTIONS ON THE BILL AS AMENDED? SENATOR YARBOROUGH, YOU ARE RECOGNIZED. >> Sen. Yarborough: THANK YOU MADAM CHAIR. THANK YOU SENATOR GRALL. JUST A FEW QUESTIONS IF YOU COULD HELP ME WITH THIS. LOOKS LIKE A DECENTLY BROAD GRANT OF AUTHORITY THROUGH WHAT WE ARE DOING IN THE BILL AND WHAT WE ARE DOING IN THE AMENDMENT. WHY IN YOUR OPINION DO WE NEED TO ADD SOME OF THE ADDITIONAL PROVISIONS AUTHORIZING ATTORNEY FEES? >> Chair Garcia: YOU ARE RECOGNIZED. >> Sen. Grall: THANK YOU MADAM CHAIR. FROM MY PERSPECTIVE IN THIS STAYS PARTICULARLY WITH DIFFERENT DECISIONS COMING OUT OF DISTRICT COURTS OF APPEALS ABOUT WHEN AWARDS ARE WARRANTED, IT'S IMPORTANT WE BRING CONSISTENCY AS MUCH AS POSSIBLE. I DON'T DO THIS TYPE OF LAW, BUT IN MY EXPERIENCE HAVING THIS TYPE OF LAW IN MY LAW FIRM AND IN WORKING WITH CLIENTS, WHEN CLIENTS ARE AWARE THE EXPECTATION OF ACTING IN GOOD FAITH, NOT ENGAGING IN LITIGATION. WHEN THEY KNOW THAT CAN CARRY REAL CONSEQUENCES, THEY MAY CHANGE THE WAY IN WHICH THEY BEHAVE. THEY DON'T USE THEIR ATTORNEY AND PROCESS IS A PUNITIVE ONE TO SAY I NEED TO MOVE THROUGH THIS AND ACT AS RESPONSIBLE AS POSSIBLE CONSIDERING THE BAD SITUATION THEY MAY BE DEALING WITH. THIS CLARIFIES WHEN IT IS APPROPRIATE FOR ATTORNEY FEES TO BE AWARDED, THE CRITERIA IS HERE FOR THE JUDGE TO APPLY CONSISTENTLY. RIGHT NOW IT IS A BROADER BILL I THINK BECAUSE OF THE SCOPE OF MAKING SURE THE TWO STATUTES ARE ALIGNED. BUT THE TYPE OF PROCEEDINGS AND THE TYPE OF CLIENT BEHAVIOR AND ATTORNEY BEHAVIOR. IT CAN BE THE ATTORNEY SOMETIMES. THEY WERE UP A NICE LOW COURT SYSTEM AND DRIVE UP FEES FOR THE OTHER PARTY. THIS IS ALL BEING DONE IN AN ATTEMPT TO MAKE SURE NOBODY COME UP AND EYES THE COURT SYSTEM AND THE DISSOLUTION OF MARRIAGES SITUATION WITHOUT SOME REAL RISK OF HAVING SANCTIONS GIVEN AGAINST THEM OR FEES AWARDED BECAUSE IT'S APPROPRIATE PURSUANT TO THE EQUITY OF THE PARTIES. >> Sen. Yarborough: MADAM CHAIR, A COUPLE MORE IF I COULD? >> Chair Garcia: YOU ARE RECOGNIZE TO GO BACK AND FORTH. >> Sen. Yarborough: IN YOUR APPELLATE OPINIONS IS THERE A REASON WHY IT DOESN'T CODIFY ANY OPINIONS THAT DENY ATTORNEY FEE AWARDS? >> Sen. Grall: I THINK THE SECTION LOOKED AT THE TIMES IN WHICH THESE HAVE BEEN AWARDED AND SOMETIMES WHEN THEY HAVE NOT. WHEN THEY HAVE NOT DID NOT MEAN THE WORK HAD NOT BEEN DONE AND THAT THERE WAS NOT A REQUIREMENT TO DO THAT WORK AND THAT THE OTHER PARTY COULD FORCE ONE PARTY INTO CERTAIN PROCEEDINGS KNOWING THEY MAY NOT HAVE THE RESOURCES OR JUST TO DRAIN RESOURCES. I THINK THERE WAS GOOD CONSIDERATION GIVEN TO THE DISTRICT OPINIONS ABOUT WHAT IS APPROPRIATE AND WHAT WILL PROVIDE INCENTIVE NOT TO ABUSE THE SYSTEM. >> Sen. Yarborough: IN LOOKING AT IT IT LOOKS LIKE IT WILL POSSIBLY END UP LEADING TO FEES ON FEES ON FEES PRESUMABLY. DID MORE TO THE POINT THERE COULD BE NO INTO THE FEES. AND SO I GUESS MY QUESTION WOULD BE HOW ARE WE SERVING OUR FAMILIES BY ALLOWING THIS POTENTIAL PRACTICE TO THE POINT BASICALLY EVERYBODY ENDS UP IN BANKRUPTCY COURT AFTER GOING THROUGH THIS KIND OF PROCESS. >> Sen. Grall: I APPRECIATE YOUR CONCERN AND I HAVE IT TO. THIS CAN BE ONE OF THE MOST TRYING TIMES FOR FAMILIES WHEN THERE IS EITHER A CUSTODY ISSUE, A DISSOLUTION OF MARRIAGE. I THINK WHAT HAS TRADITIONALLY BEEN A CHALLENGE IS THERE AREN'T REAL SANCTIONS AND THERE AREN'T A LOT OF TEETH TO SOME OF THE ORDERS PUT IN PLACE OR THE REQUIREMENTS OF THE PROCEEDINGS. AND THE ONLY WAY THERE REALLY IS TEETH OR A SANCTION IN MY OPINION IN THIS CASE IS USUALLY AROUND FEES. YOUR BEHAVIOR COULD LEAD TO YOU HAVING TO BE RESPONSIBLE BECAUSE HE WERE THE OFFENDING PARTY. AND SO I THINK THIS REALLY GIVES JUDGES A TOOL TO KEEP AN OFFENDING PARTY FROM CONTINUING TO OPENED AND MAKE THE PROCEEDINGS MUCH MORE ONEROUS AND PAINFUL FOR THE FAMILIES TO GO THROUGH. I WILL TELL THE FROM MY PERSPECTIVE AS AN ATTORNEY, WHEN I SIT DOWN WITH THE CLIENT AND I CAN MANAGE THEIR EXPECTATIONS ABOUT WHAT'S EXPECTED OF THEM, WHAT IS THE BEHAVIOR GOING TO LOOK LIKE. IF THEY DO SOMETHING SPECIFIC COULD IT RESULT IN A SANCTION AGAINST THEM? COULD THEY BE PENALIZED FOR ANY OF THEIR BEHAVIOR? WHEN THERE IS NOT CLARITY IN THE STATUTE, IT'S MORE DIFFICULT TO SET CLIENT EXPECTATIONS AND REALLY ATTORNEY EXPECTATIONS AND BEHAVIOR. I THINK THIS RAINS ALL OF THAT IN. I THINK WE WILL SEE A REDUCTION IN FEES OVERALL AS OPPOSED TO WHAT RIGHT NOW COULD BE A TREMENDOUS FEE AWARD IN ONE DISTRICT, NOT ONE AND THE OTHER. IN THE MEANTIME, PEOPLE DON'T REALLY KNOW HOW THEIR ACTIONS MAY AFFECT THAT ULTIMATE FEE AWARD. >> Sen. Yarborough: THANK YOU. FINAL ONE MADAM CHAIR AND THANK YOU FOR THE INDULGENCE. I THANK YOU MIGHT HAVE BEEN TOUCHING ON IT BUT IF WE AUTHORIZE THIS, WOULD IT HAVE A POTENTIAL NEGATIVE IMPACT ON FAMILIES EXPERIENCING DIFFICULT TIMES? >> Sen. Grall: I DID NOT THINK THAT IT WILL AT ALL. I THINK THIS SETS FORTH THE SITUATIONS IN WHICH THE BAD ACTORS SHOULD BE PENALIZED WITH FEES BECAUSE THEY ARE DRIVING UP MAY BE THE OTHER PARTY FEES. I THINK IF YOU ARE MOVING TO THE SYSTEM AND YOU ARE CONDUCTING YOURSELF APPROPRIATELY, YOUR ATTORNEY IS CONDUCTING THEMSELVES APPROPRIATELY. IT IS ALSO A WAY FOR THE CLIENTS TOLD THE ATTORNEYS ACCOUNTABLE. THE ATTORNEY NEEDS TO COME TO THE CLIENT AND SAID THESE ARE YOUR OPTIONS AND IF THE ATTORNEY SAYS WE CAN KEEP LITIGATING BECAUSE THEY ARE GETTING PAID HOURLY THEN ALL OF A SUDDEN A PERSON GETS STUCK WITH FEES. THERE'S NOTHING TO HOLD THEM ACCOUNTABLE. I BELIEVE IT HOLDS EVERYBODY ACCOUNTABLE SO IT WON'T HARM THEM AS FINANCIALLY AS MUCH AS THE CURRENT SYSTEM CAN. >> Sen. Yarborough: THANK YOU SENATOR. THANK YOU CHAIR. >> Chair Garcia: ANY OTHER QUESTIONS? APPEARANCE FORMS WE HAVE LISA HURLEY ALSO WAVING IN SUPPORT. IS THERE ANY DEBATE ON THE BILL AS AMENDED? SENATOR GRALL, YOU ARE RECOGNIZE TO CLOSE ON THE BILL AS AMENDED. >> Sen. Grall: WAIVE CLOSE. >> Chair Garcia: SHEILA, PLEASE CALL THE ROLL CALL ON SB 644. >> Sen. Osgood: YES. >> Sen. Polsky: YES. >> Sen. Simon: YES. >> Sen. Smith: YES. >> Sen. Wright: -- >> Sen. Yarborough: YES. >> Vice Chair Martin: YES. >> Chair Garcia: YES. BY YOUR VOTE SB 644 IS REPORTED FAVORABLY. REVISITING THE SUGGESTION BY SENATOR SMITH CONSIDERING WE WILL TP FOR THE FOLLOWING WEEK BOTH BILLS SB 1632 AND ITS CONFORMING BILL 1634. IDEOLOGIES INCONSISTENT WITH AMERICAN PRINCIPLES. WE DO WANT TO PUT ON THE RECORD WE 48 SPEAKERS WHO RIGIDLY REGISTERED. WE HAVE 12 MINUTES LEFT IN COMMITTEE WE JUST CAN'T EVEN IF WE DID FIVE SECONDS PER PERSON. WE DO HAVE 80 WHO REGISTERED TO WAVE FORWARD AGAINST. FOR THE RECORD I WOULD LIKE TO