Criminal Justice

>> Chair: GOOD AFTERNOON. I WILL CALL THE MEETING ORDER. PLEASE CALL THE ROLL. >> SENATOR BERNARD. >> Senator Bernard: HERE. >> SENATOR BRADLEY. >> Senator Bradley: HERE. >> SENATOR GARCIA. >> Senator Garcia: HERE. >> SENATOR PIZZO. >> Senator Pizzo: HERE. >> SENATOR SIMON. >> Senator Simon: HERE. >> SENATOR YARBOROUGH. >> Senator Yarborough: HERE. >> VICE CHAIR SMITH. >> Senator Smith: HERE. >> CHAIR MARTIN. >> Senator Martin: HERE. >> A QUORUM IS PRESENT. >> Chair: 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 SELECT TO WAIVE YOUR SPEAKING TIME YOUR POSITION WILL BE INCLUDED IN THE COMMITTEE MEETING RECORDS. WE WILL TAKE UP TAB NUMBER EIGHT, WHICH WILL BE TEMPORARILY POSTPONED. SENATOR GARCIA WILL CONTINUE TO WORK ON REPORTING SAFETY. WE WILL MOVE TO TAB NUMBER TEN, THE SENATOR DICEGLIE 1084 PUBLIC RECORDS STATE ATTORNEY'S OFFICE. YOU ARE RECOGNIZED TO PRESENT YOUR BILL. >> Senator DiCeglie: THANK YOU MR. CHAIRMAN, GOOD AFTERNOON COMMITTEE MEMBERS. 1084 EXEMPTS CERTAIN IDENTIFYING INFORMATION OF CURRENT STATE ATTORNEY OFFICE OR OFFICE OF STATEWIDE PROSECUTION. THIS IS FOR NONLEGAL SUPPORT STAFF, PUBLIC RECORDS OR COPY AND INSPECTION REQUIREMENTS NONLEGAL SUPPORT STAFF INCLUDES FOR EXAMPLE VICTIM ADVOCATES, WITNESS COORDINATORS PARALEGALS AND OTHER CLERICAL AND OFFICE STAFF AND THIS BILL IS SUPPORTED BY THE FLORIDA PROSECUTING ATTORNEY ASSOCIATION AND IS A RESPONSE TO SEVERAL OFFICES RECEIVING PUBLIC RECORD REQUEST FOR CELL PHONE AND HOME ADDRESSES OF NON PROSECUTOR OFFICE ADMINISTRATIVE STAFF AND PROBABLY NOT THE GREATEST IDEA MR. CHAIRMAN THAT'S THE BILL. >> Chair: QUESTION OF THE SPONSOR? APPEARANCE CARDS? A COUPLE APPEARANCE CARDS. BARNEY BISHOP FLORIDA SMART JUSTICE ALLIANCE WAIVING IN SUPPORT AND RON PACE FLORIDA PROSECUTION ASSOCIATION WAIVING IN SUPPORT. DEBATE? YOU MAY CLOSE. >> Senator DiCeglie: WAIVE CLOSE. >> Chair: PLEASE CALL THE ROLL. >> SENATOR BERNARD. SENATOR BRADLEY. SENATOR GARCIA. SENATOR PIZZO. SENATOR SIMON. SENATOR YARBOROUGH. VICE CHAIR SMITH. CHAIR MARTIN. >> Chair: YES BY YOUR VOTE THIS REPORTS FAVORABLY. NEXT HAVE ONE SENATOR MCCLAIN SP 212 SEXUAL OFFENDERS AND SEXUAL PREDATORS IT IS A DELETE ALL AMENDMENT. DO YOU WANT TO TAKE UP THE DELETE ALL AND EXPLAIN? >> Senator McClain: I WOULD. >> Chair: BARCODE 261760. YOU ARE RECOGNIZED. >> Senator McClain: THIS DELETES EVERYTHING AFTER THE ENACTING CLAUSE AND REPLACE THE BILL WITH THE DEFINING APPROACH REPLACING US IN THE CODE PROVISIONS ALONG WITH OTHER CLEAR EXCEPTIONS. THE BILL REWRITES THE BILL BY REPLACING THE CONTENTS AFTER THE ENACTING CLAUSE DEFINES PUBLIC BATHING PLACE AND PUBLIC SWIMMING POOL IN THE STATUTE INCLUDING THE PUBLIC SWIMMING POOL DEFINITION AND COVER SPRAY POOLS, SPLASH PADS AND WATER RECREATION ATTRACTIONS IT APPLIES LANGUAGE WITH IN STATUE 775 FLORIDA RESIDENCY RESTRICTION VIOLATIONS CREATING A NEW 775 PERMITTING COVERED OFFENDERS AND OUT OF STATE FENCES FOR VISITING OR BEING WITH 200 FEET OF SPECIFIED LOCATIONS INCLUDING EXCEPTIONS TO THE 200 FOOT RESTRICTION ADDING ARREST AUTHORITY FOR A UPDATES 8562 REQUIRE SPECIFIED NOTIFICATION AND SUPERVISION STEPS FOR CERTAIN OFFENDERS AND PREDATORS AND RETAINS THE PUBLIC ENTITY REGISTRY SEARCH REQUIREMENT FOR EMPLOYMENT OR VOLUNTEER RULES THAT SPECIFY LOCATIONS AND THE EFFECTIVE DATE WOULD BE JULY 1st THAT IS THE BILL. >> Chair: QUESTIONS ON THIS AMENDMENT? APPEARANCE CARDS? I HAVE ONE. ANN SALMON. EMILY HOROWITZ SPEAKING AGAINST. A COUPLE MINUTES. >> I WILL DO MY BEST. I HAVE DOCUMENTS FOR YOU GUYS FROM EMILY. EMILY HOROWITZ IS A NATIONALLY RECOGNIZED SOCIOLOGIST WHOSE RESEARCH ADDRESSES COLLATERAL FOR POLICIES PROTECTING VERBAL POPULATIONS. HER WORK INCLUDES TWO SCHOLARLY BOOKS ON THE HARMS OF SEX OFFENSE POLICIES WHICH DETAIL HOW WELL INTENTIONED LAWS INCLUDING THE ENHANCED RESIDENCY BILL SENATE BILL 212 AS ISSUES TODAY NOT ONLY FAILED TO PROTECT CHILDREN BUT CREATES UNINTENDED EXTENSIVE HARM THAT UNDERMINES FUNDAMENTAL FACTS ABOUT OUR RIGHT TO REBUILD THEIR LIVES AFTER PUNISHMENT AND ACCOUNTABILITY. THIS BILL IS NOT SUPPORTED BY ANY FACTS, DATA, AND LIST ALL SEXUAL OFFENSES AROUND 95 PERCENT ARE PERPETUATED BY PEOPLE WITHOUT PAST CONVICTIONS. THOSE WITH PRIOR DESPITE PERVASIVE MYTHS HAVE A LOW RATES OF RECIDIVISM THE FACT OF LOW SEXUAL RECIDIVISM IS NOT BASED ON A FEW CHERRY PICK STUDIES BUT THE CONSENSUS OF THE ENTIRE FIELD. MOST SEXUAL OFFENSES ARE CRIMES OF SOCIAL NOT GEOGRAPHICAL PROXIMITY IN FACT THE VERY PREMISE OF THESE LAWS IS FLAWED. MOST OFFENSES DO NOT INVOLVE SEARCHING FOR A POTENTIAL CHILD VICTIMS. IN FACT IN PLACES SUCH AS POOLS DAYCARE'S ET CETERA CHILDREN ARE MORE PROTECTED AS THEY ARE OFTEN SUPERVISED BY ADULTS AND OTHERS. FLORIDA LIKE MANY OTHER STATES HAS A WEB OF HARSH RESIDENCY LAWS. ABOUT A DOZEN STATES HAVE NO RESIDENCY RESTRICTIONS WHATSOEVER. DECADES OF EVIDENCE SHOW THESE POLICIES FAILED TO REDUCE OR IF REFITTED THIS RECIDIVISM. A MINNESOTA STUDY WILL THAT ALL SEXUAL OFFENSES COMMITTED BY SOMEONE WITH A PRIOR SEXUAL OFFENSE AND OVER 12 YEARS. THEY FOUND NOT ONE WOULD HAVE BEEN PREVENTED BY RESIDENCY RESTRICTIONS. THOSE WITH PAST SEXUAL OFFENSE CONVICTIONS ARE ALREADY SUBJECT TO BEING LISTED ON PUBLIC REGISTRIES SUBJECT TO COMMUNITY NOTIFICATION PRESENTS PROXIMITY TRAVEL AND A WEB OF OTHER COLLATERAL CONSEQUENCES. LANDLORDS AND NEIGHBORS KNOW WHO THEY HAVE NEXT TO THEM. AND IN SUMMARY I SPENT MY CAREER STUDYING LAWS SUCH AS THIS. THEY MAY MAKE US FEEL GOOD BECAUSE THEY MAKE US BELIEVE WE ARE DOING ALL WE CAN TO PROTECT CHILDREN AND OTHERS IN SEXUAL HARM YET THEY DO NOT DO THIS. THERE IS VIRTUALLY NO EVIDENCE THAT RESIDENCY LAWS AND ESPECIALLY THIS EFFORT WHICH ENHANCES AN ALREADY HARSH RESIDENCY LAW HAS ANY POSITIVE EFFECT BEYOND FURTHER BANISHING A GROUP ALREADY SUBJECT TO ENDLESS AND DRACONIAN LEGAL AND SOCIAL CONSEQUENCES. THERE IS MORE IN THIS DOCUMENT FOR YOU ALL BUT THAT IS THE SUMMARY. >> Chair: ANY OTHER CARDS? DEBATE ON THE AMENDMENT? FOR THE BILL OR THE AMENDMENT? FOR THE BILL. WILL GET TO THAT IN A SECOND. WE’RE STILL IN THE AMENDMENT. AND NEED ON THIS AMENDMENT? SENATOR MCCLAIN YOU MAY CLOSE. >> Senator McClain: WAIVE CLOSE. WAIVE CLOSE AND THE AMENDMENT. >> Chair: WITH OUT OBJECTION SHOW THIS AMENDMENT ADOPTED. WE’RE ON THE BILL AS AMENDED. ARE THERE QUESTIONS ON THE BILL AS IS AMENDED? OKAY, LET'S GO TO THE APPEARANCE CARDS FOR THE BILL AS AMENDED. FRANCINE RICHMAN SPEAKING AGAINST. AND WE WILL HAVE GEORGE TEACHMAN ON DECK. IF YOU'RE READY YOU CAN GO BY THE DOUBLE DOORS AND COME FORWARD WHEN THE PREVIOUS SPEAKER IS DONE. GO AHEAD YOU ARE RECOGNIZED. >> I'M FRANCINE RICHMOND A MOTHER OF FOUR AND A WIFE AND GRANDMOTHER TO FIVE OF THE CONSTITUENT AND HEALTHCARE PROFESSIONAL. I'M HERE ABOUT THE REGISTRY AND THE EFFECTS THIS IS HAD TO MY FAMILY. AS A MOTHER I FEEL TEENAGERS HAVE BEEN PUNISHED ENOUGH AND SOMETHING SHOULD CHANGE. PUNISHMENT FOR LIFE IS WHAT WILL HAPPEN AT THIS BILL GOES THROUGH. MY SON WAS PUT ON THE REGISTRY FOR CONSENSUAL TEENAGE SEX AT 18. THIS HAS CHANGED OUR FAMILIES TRAJECTORY FOREVER. BEING PUT ON THE REGISTRY AT SUCH A YOUNG AGE IS A LIFETIME SENTENCE, SCARLET A LABEL WHERE THERE IS NO OFFRAMP EVEN IN DEATH. MANY OF OUR YOUTH TO CHOOSE THIS INSTEAD OF A LIFE WITH THESE CIRCUMSTANCES. YOUNG BRAINS DON'T FULLY FORM IN A YOUNG MALES UNTIL AGE 25. THIS SHOULD BE CONSIDERED. WHY WOULD WE SENTENCE OUR TEENAGERS WITH SUCH A FINALITY FOR AN IMMATURE MISTAKE. I HAVE FAMILY THAT HAS A DRUG PROBLEM SHE HAS BEEN DEALING WITH IT FOR 20 YEARS. SHE HAS IT DIED. SHE'S BEEN NO DEED IN AND OUT OF REHAB SHE'S IN REHAB NOW WITH THE GRACE OF GOD SHE IS STILL A LIVE. SHE GETS MANY MANY CHANCES AND I'M GRATEFUL FOR THAT BUT WHY CAN'T MY SON HAVE ANOTHER CHANCE? HE IS FUNNY SMART BRIGHT DESPITE BEING ON THE REGISTRY. WHY DOES ONE MISTAKE TO FIND HIM FOR THE REST OF HIS LIFE? THIS MUST CHANGE. PUTTING THIS BILL INTO LAW WILL PUSH MANY FAMILIES INTO POVERTY AND HOMELESSNESS. OUR FAMILY HAS DONE OUR BEST TO HELP OUR SON BUT WE WILL NOT BE HERE FOREVER. HE IS 27 NOW AND MAY NEED HELP. WE MAY NEED HELP OR BE SICK. BECAUSE HE IS NOT REGISTERED IN THE STATE HE CANNOT BE HERE LONGER THAN 72 HOURS IN A CALENDAR YEAR THE WHOLE YEAR, THREE DAYS. WHAT SAFETY ISSUE DOES HE POSE? NONE. HE'S A KID WHO MADE IMMATURE DECISION. I TOLD HIM NOT TO COME TO THE STATE IF WE ARE DYING. IT PUTS HIS LIFE AT RISK AND IF HE IS HERE TOO LONG HE WILL BE PUT IN JAIL. IMAGINE HE IS YOUR SON. IMAGINE THERE IS NO ROOM FOR A MISTAKE OR MISUNDERSTANDING WITH THIS LAW. THIS REGISTRY HAS FOREVER CHANGED AS A FAMILY. WE CANNOT UNDO WHAT HAS BEEN DONE. PEOPLE CAN AND DO CHANGE. THEY MAKE A MISTAKE AND SHOULD HAVE A SECOND CHANCE. OUR YOUTH ARE OUR GREATEST RESOURCE. LOOK AROUND THE ROOM AND THINK OF ALL THE YOUNG AIDES AND PEOPLE WANTING TO GET INTO POLITICS AND LAW. PLEASE REACH OUT AS MY FAMILY HAS BEEN DEALING WITH US FOR NINE YEARS. WE LEARNED A LOT AND I WANT TO SHARE. THANK YOU. >> Chair: GEORGE FITZ. I KNOW I AM MISPRONOUNCING YOUR NAME. WE MET EARLIER. THANK YOU. AND THEN ANN SALMON IS ON DECK. >> I AM GEORGE. I AM PRESIDENT OF THE FLORIDA ASSOCIATION FOR THE TREATMENT AND PREVENTION OF SEX ABUSE. I HAVE BEEN DOING SEX OFFENDER EVALUATION TREATMENT FOR 35 YEARS. OUR MEMBERS ARE CLINICIANS AND RESEARCHERS WHO WORK IN PREVENTION, ASSESSMENT, TREATMENT, AND SUPERVISION. OUR MISSION IS TO PROTECT CHILDREN IN FLORIDA AND REDUCE SEXUAL ABUSE THROUGH EVIDENCE BASED POLICY. CHILD SAFETY IS OUR HIGHEST PRIORITY. IF THERE WAS EVIDENCE THAT SENATE BILL 212 WOULD MEANINGFULLY IMPROVE CHILD SAFETY WE WOULD SUPPORT IT. HOWEVER BASED UPON THE RESEARCH AND OUR PROFESSIONAL EXPERIENCE WE DO NOT BELIEVE THIS PROPOSAL WILL ACCOMPLISH THAT. THERE IS NO EMPIRICAL EVIDENCE LINKING SEXUAL OFFENSE TO RESIDENCY PROXIMITY TO SWIMMING POOLS OR PUBLIC BATHING AREAS. MOST SEX ABUSE OCCURS IN PRIVATE SETTINGS AND IS COMMITTED BY INDIVIDUALS KNOWN TO THE CHILD NOT BY STRANGERS ENCOUNTERED IN PUBLIC PLACES WHAT THE RESEARCH SHOWS IS INCREASING RESTRICTIVE RESIDENCY LAWS CONTRIBUTE TO HOUSING AND STABILITY AND PARTICULARLY IN DENSELY POPULATED AREAS. THAT INSTABILITY STRESSES THE INDIVIDUAL AND MAKE SUPERVISION MORE DIFFICULT AN INCREASES DEMAND ON LAW ENFORCEMENT AND PROBATION AND ULTIMATELY UNDERMINES PUBLIC SAFETY. WE RESPECTFULLY ENCOURAGE THE COMMITTEE TO PRIORITIZE POLICIES THAT ARE EMPIRICALLY SUPPORTED AND DEMONSTRATABLY EFFECTIVE IN PROTECTING CHILDREN. WE WELCOME THE OPPORTUNITY TO ASSIST IN THAT WORK. THANK YOU FOR YOUR TIME. >> Chair: THANK YOU. ANN? ANN SALAMONE. GO AHEAD. THEN DAVID IS ON DECK. >> OKAY AND THANK YOU. OKAY. BRAVE AT FAMILY FRIENDS LANDLORDS THERAPIST RESEARCHERS AND SURVIVORS OF SEXUAL HARM WHO CARED DEEPLY ABOUT OUR FAMILIES AND CHILDREN ARE REACHING OUT TO YOU IN OPPOSITION TO SENATE BILL 212. THE BILL IS IMPRESSIVE. THIRTEEN LOBBYISTS INCLUDING CRISIS MANAGEMENT LAWYERS. THE BILLS PURPOSE TO PREVENT HARM TO CHILDREN IS OUR COMMON OF RESIDENCY BANDS REDUCE THE RISK TO CHILDREN ARE BASED ON EMOTION NOT EVIDENCE. EVERYONE KNOWS PERSONS REQUIRED TO REGISTER OR AN EASY TARGET TREATED FAR WORSE THAN ANY OTHER OFFENSE GROUP DESPITE HAVING AN EXTRAORDINARY LOWER RECIDIVISM RATE. DOC REPORTS IN YOUR BILL ANALYSIS 23.3 PERCENT RECIDIVISM AND THREE FOURTHS ARE TECHNICAL VIOLATIONS. 1 PERCENT OF THE TOTAL WERE SEXUAL RE OFFENSES. THE SENSATIONALIZATION CHARACTERIZATION OF FRIGHTENING AND HIGH RECIDIVISM RATES IS WIDELY REPEATED BUT HAS SINCE BEEN DISAVOWED BY THE VERY SOURCES RELIED UPON IN A SMITH VERSUS D JOE. THESE ARE NOT SIMILAR RISK PROFILES. MANY KIDS AND ADULTS ARE NOT AWARE THEY HAVE COMMITTED A SEX OFFENSE. AUTISM, DEMENTIA, TEENAGE LOVE, WAR INDUCED PTSD, CLICKING ON SOCIAL MEDIA ARE CONTRIBUTORS TO OUR BURGEONING SEX OFFENDER REGISTRY. THE ASSUMPTION THAT THE BILL PREVENTS CRIME IS BASED ON A CLAIM WHICH MOST PEOPLE ALREADY KNOW IS NOT BASED IN REALITY. ALMOST ALL CHILD SEX VICTIMS ARE BETWEEN PEOPLE WHO KNOW EACH OTHER, BABYSITTERS, HOUSEKEEPERS, RELATIVES, FAMILY FRIENDS, AND CRIMES AGAINST CHILDREN ARE FACILITATED NOT GEOGRAPHICAL PROXIMITY. SEVERAL STATE LAW ENFORCEMENT AGENCIES HAVE A BANDED RESIDENCY RESTRICTIONS BECAUSE PROXIMITY BANDS ARE DETERMINED TO HAVE NO IMPACT ON PREVENTION AND IT THEY DEGRADE PUBLIC SAFETY AND THESE STATES RUN THE GAMUT FROM LIBERTARIAN TO FEDERALISM TO OTHER POLITICAL BELIEFS. PLEASE LEGISLATORS LEAD AND ACTUALLY INCREASE SAFETY AND OPPOSE SENATE BILL 212. IN CONCLUSION AS A REMINDER THERE IS SUCH A SEX PENSION FOR SOME REASON IN FLORIDA THAT YOU, YOUR CHILDREN, AND YOUR GRANDCHILDREN ARE ONLY ONE ACCUSATION AWAY FROM BEING ON THE SEX OFFENDER REGISTRY YOURSELF. THANK YOU. THANK YOU. DAVID PERRY. GOOD AFTERNOON. I'M DAVID PERRY THE EXECUTIVE DIRECTOR OF THE FLORIDA COALITION TO ADVANCE RACIAL EQUITY. WE ARE A MULTI ALLIANCE OF NEARLY 500 INDIVIDUALS AND ORGANIZATIONS COMMITTED TO ADVANCING SOCIAL JUSTICE. WE FOCUS REALLY ON ADVOCATING FOR THE HUMAN RIGHTS OF PEOPLE WHO LACK A HOME. UNSHELTERED HOMELESS SLEEPING ON SOUTH FLORIDA STREETS AND AS A PERSONAL MATTER EVEN THOUGH I HAVE A LAW DEGREE I HAVE BEEN HOMELESS MYSELF. I AM HERE TODAY TO TESTIFY IN OPPOSITION TO SP 212. IT WOULD ADD NEW OWNERS AND OTHER ILLOGICAL RESTRICTIONS ON PEOPLE WHO ARE ON THE FLORIDA SEX OFFENDER REGISTRY PROHIBITING THEM IN MIAMI DADE COUNTY AT LEAST FROM RESIDING WITHIN 2000 FEET OF THE POOL. THAT IS LITERALLY NOWHERE IN THE COUNTY WOULD A PERSON BE ABLE TO LIVE WHO WAS ON THIS REGISTRY. THE NEW RESTRICTIONS ON HOUSING SEX OFFENDERS PILED ON TOP OF THE EXISTING DRACONIAN HOUSING PROHIBITIONS WOULD HAVE DEVASTATING CONSEQUENCES TO NEARLY 20,000 PEOPLE WHO ARE ON THE REGISTRY. AND MOST IMPORTANTLY WOULD DRAMATICALLY INCREASE HOMELESSNESS WITHOUT PROVIDING AN EQUIVALENT INCREASE IN SAFETY TO CHILDREN. THERE IS NO EVIDENCE THAT SAYS PREVENTING PEOPLE FROM RESIDING NEAR A PUBLIC POOL WOULD INCREASE SAFETY. IT DEFIES LOGIC TO CHILDREN WHO USE A SWIMMING POOL DURING A DAY IS SOMEHOW SAFER PROHIBITING SOMEONE FROM SLEEPING WITH IN 1,000 FEET OF POOL AT NIGHT. BUT WHAT SP 212 WOULD DO IS DRAMATICALLY INCREASE HOMELESSNESS THROUGHOUT MIAMI DADE COUNTY AND THROUGHOUT THE STATE IN GENERAL. HOUSING INSTABILITY AND HOMELESSNESS ALSO HURTS ONE'S ABILITY TO MAINTAIN EMPLOYMENT. WE CAN EXPECT TO SEE A RISE IN UNEMPLOYMENT IF SB 212 IS ENACTED. AGAIN, A RISE IN UNEMPLOYMENT DRAMATICALLY HURTS OUR COMMUNITY. AND AS A FINAL MATTER, THE SCOPE OF THIS LAW IS SO BROAD THAT IT SWEEPS UP PEOPLE WHO DO NOT HAVE AN INTENT TO COMMIT A CRIME. SAY FOR INSTANCE IN HOMELESSNESS IF YOU RELIEVE YOURSELF AGAINST A TREE AT AND YOU ARE A BLOCK AWAY FROM A SCHOOL YOU CAN BE CAUGHT UP WITH IN THE AMBIT OF THIS LAW. AND I DO PERSONALLY KNOW ABOUT A DOZEN PEOPLE WHO HAVE FALLEN WITHIN THESE PUBLIC EXPOSURE STATUTES AND ARE ON THE REGISTRY SIMPLY BECAUSE THEY DID NOT HAVE A HOME OR A PLACE WHERE THEY COULD RELIEVE THEMSELVES. SO THE SCOPE OF THIS LAW IS INCREDIBLY UNFAIR AND HAS DEVASTATING AND PERMANENT CONSEQUENCES BECAUSE YOU CANNOT GET OUT THIS REGISTRY. I WOULD URGE OUR LEGISLATORS TO PLEASE, PLEASE DO NOT VOTE FOR THIS LAW. IT WOULD INCREASE HOMELESSNESS AND DEVASTATE THE LIVES OF 20,000 PEOPLE THROUGHOUT FLORIDA AND DO NOTHING TO INCREASE PUBLIC SAFETY. THANK YOU. >> Chair: REVEREND CANDACE MCGIBBONS. I'M SORRY. I SHOULD'VE HAD YOU ON DECK. THAT'S THE LAST OF THE SPEAKERS AND THEN WE WILL READ SOME CARDS. GO AHEAD. >> THIS BILL FURTHER LIMITS THE POSSIBILITIES FOR FINDING HOUSING FOR PEOPLE WHO HAVE SERVED THEIR SENTENCE FOR CERTAIN CRIMES. WE HAVE HEARD ALREADY THAT THE CHOICES ARE VASTLY REDUCED FOR PERSONS WHO ARE SEX OFFENDERS. ALL LUMPED INTO ONE HUGE CATEGORY IN THE LAW AND IN OUR HEARTS NO MATTER WHAT THE PARTICULARS MAY BE. IT SEEMS LIKE NO OTHER OFFENSE NOT EVEN MURDER IS DEEMED A LIFE SENTENCE WHETHER YOU ARE IN OR OUT OF PRISON. THIS BILL IS IN RESPONSE TO A SINGLE NONVIOLENT NONCONTACT INCIDENT AND SEMINOLE COUNTY BUT IT WOULD DESTABILIZE THE LIVES OF MORE THAN 20,000 FORMER OFFENDERS, THEIR CHILDREN, AND THEIR FAMILIES. LIMITING PROXIMITY TO WATERWAYS IN A STATE KNOWN FOR HER WATER IS EFFECTIVELY BANISHMENT. REQUIRING MASS MIGRATION, LOSS OF INCOME FOR LANDLORDS, AND HOMELESSNESS FOR REGISTRANTS. AS A MINISTER I ASK YOU TO PLEASE READ THE INFORMATION ABOUT THIS A BILL WITH AN OPEN HEART AND AN OPEN MIND AND A COMMITMENT TO DO WHAT IS BEST FOR PUBLIC SAFETY AND FOR THOSE WHO HAVE SERVED THEIR SENTENCE AND ARE WANTING TO REENTER SOCIETY IN REDEMPTIVE WAYS BECAUSE 95 PERCENT OF SEXUAL OFFENSES ARE COMMITTED BY FAMILY MEMBERS AND CLOSE FRIENDS AND THE SEXUAL RE OFFENSE RATE FOR REGISTRANTS IS ZERO TO 5 PERCENT. CONSIDER INVESTING AND SEXUAL ABUSE PREVENTION. HOUSING RESTRICTIONS HAVE HAD NO PROVEN IMPACT. THANK YOU. >> Chair: KENNETH GREEN WAIVING AGAINST. LINDA GREEN WAIVING AGAINST. KEVIN CAMPBELL WAIVING IN SUPPORT. JENNIFER COOK PRINCE FLORIDA POLICE CHIEF ASSOCIATION WAIVING IN SUPPORT. BARNY BISHOP OF FLORIDA SMART JUSTICE ALLIANCE WAIVING IN SUPPORT. LAURA REAGAN FLORIDA JUSTICE ASSOCIATION WAIVING IN SUPPORT. SEMINOLE COUNTY SHERIFF'S OFFICE WAIVING AND LEVELLE WAIVING -- SPEAKING, WAIVING AGAINST. ALL RIGHT. IS THERE ANY DEBATE ON THE BILL AS AMENDED? SENATOR MCCLAIN YOU MAY CLOSE ON THE BILL. >> Senator McClain: THANK YOU SENATORS FOR HEARING THIS BILL TODAY. THE AMENDMENT PRESERVES THE BILL PUBLIC SAFETY INTENT WHILE TAKING DEFINITIONS IN THE CRIMINAL STATUTE IS CLEARLY DEFINED 200 FOOT RESTRICTIVE PRESENCE PROVISION WITH EXCEPTIONS AND ENFORCEMENT TOOLS AS IT RELATES TO STATUTE FOR IMPLEMENTATION. I RESPECTFULLY ASK FOR YOUR SUPPORT TODAY. >> Chair: TORI PLEASE CALL THE ROLL. >> SENATOR BERNARD. >> YES. >> SENATOR BRADLEY. >> YES. >> SENATOR GARCIA. >> YES. >> SENATOR SIMON. >> SENATOR YARBOROUGH. >> YES. >> VICE CHAIR SMITH. >> CHAIR MARTIN. >> Chair: YES. THIS IS REPORTED FAVORABLY. NEXT UP TAB THREE SB 682 VIOLENT CRIMINAL OFFENSES BY SENATOR CALATAYUD. THERE IS A DELETE ALL AMENDMENT. DO YOU WANT TO TAKE THAT FIRST? THAT'S AMENDMENT BAR CODE 55260 DELATE ALL AMENDMENT. >> Sen Calatayud: THANK YOU MR. CHAIR FOR HEARING THIS BILL. THE DELETE ALL AMENDMENT AND I HAVE TO FIRST THINK YOUR STAFF FOR THEIR INCREDIBLE SUPPORT. THIS AMENDMENT MODIFIES THE DEFINITION OF DOMESTIC VIOLENCE AND DEFINES COERCIVE CONTROL AND ENHANCES PENALTIES FOR PERSONS WHO HAVE BEEN CONVICTED OF A CRIME THAT CONSTITUTES DOMESTIC VIOLENCE AS IF THEY WERE CONVICTED OF A CRIME 1 DEGREE HIGHER. A PERSON CONVICTED OF A FIRST DEGREE MISDEMEANOR BATTERY MAY BE PUNISHED AS IF IT WERE A THIRD DEGREE FELONY IF THERE IS A FINDING THAT THE CRIME IS A CRIME OF DOMESTIC VIOLENCE. IT ALSO CREATES TWO NEW SECTIONS OF LAW TO PROVIDE RECLASSIFICATION FOR DOMESTIC VIOLENCE OFFENSES AND VIOLATIONS OF PROTECTIVE INJUNCTIONS THAT OCCURRED DURING A STATE OF EMERGENCY. CHANGES THE PRETRIAL DIVERSION PROGRAM TO A DOMESTIC VIOLENCE DEFERRED SENTENCING PROGRAM AND REQUIRES DATA COLLECTION. IT ENSURES THE DEFENDANT WANT TO PLEA UPON COMPLETION OF THE PROGRAM AND THE PLEA WILL BE WITHDRAWN AND DISMISSED IF THE DEFENDANT DOES NOT COMPLETE THE PROGRAM THE CASE IS SET FOR SENTENCING IT CHANGES THE DATE FOR TRAINING FOR CERTIFICATION AND RECERTIFICATION FROM JULY 12026 TO DECEMBER 1st, 2026, TO ALLOW TIME FOR RULE DEVELOPMENT AND ADOPTION OF A TRAINING PROGRAM. IT SPECIFIES TRAINING FOR EMERGENCY METAL TECHNICIANS PARAMEDICS AND CAREER AND VOLUNTEER FIREFIGHTERS MUST INCLUDE TWO HOURS OF INSTRUCTION ON DOMESTIC VIOLENCE, DATING VIOLENCE, AND STRANGULATION AND REMOVES LANGUAGE ALLOWING AND INVESTIGATING LAW ENFORCEMENT OFFICER FDL A LIAISON TO FOLLOW UP WITH THE VICTIM WITHIN 24 HOURS AFTER THE ALLEGED INCIDENT. THAT IS THE DELETE ALL MR. CHAIR. >> Chair: QUESTIONS ON THE DELETE ALL. APPEARANCE CARDS ON THE AMENDMENT? DEBATE? YOU MAY CLOSE. >> Sen Calatayud: WAIVE CLOSE. >> Chair: THE AMENDMENT IS ADOPTED. QUESTIONS ON THE BILL AS AMENDED? APPEARANCE CARDS? I HAVE A COUPLE. NICOLE LEDOUX SPEAKING IN FAVOR AND WE WILL HAVE ON DECK JAMIN ALEXANDER SPEAKING IN FAVOR. >> HELLO EVERYONE. BY THE GRACE OF GOD I STAND BEFORE YOU TODAY, MY NAME IS NICOLE. I'D LIKE TO THANK THE HONORABLE MEMBERS OF THE FLORIDA LEGISLATURE FOR EVERYTHING YOU'RE DOING FOR VICTIMS OF DOMESTIC VIOLENCE IN THE STATE OF FLORIDA. THANK YOU FOR ALL YOUR HARD WORK ALONG WITH REPRESENTATIVE DEBORAH TENDRICH. WE'RE HERE BECAUSE FLORIDA'S FRAMEWORK DOES NOT PROTECT VICTIMS TO ESCAPE VIOLENCE PARTICULARLY WHEN CHILDREN AND ANIMALS ARE INVOLVED AND BECAUSE PERPETRATORS ARE ALLOWED TO ESCALATE WITHOUT CONSEQUENCE. THIS BILL IS NOT RADICAL, IT IS CORRECTIVE, IT IS EVIDENCE-BASED AND IT IS URGENTLY NECESSARY. THE MYSTIC VIOLENCE IS A PATTERN. IT IS NOT AN INCIDENT. FLORIDA LAW RECOGNIZES DOMESTIC VIOLENCE AS A CRIME, HOWEVER IN PRACTICE IT IS TOO OFTEN TREATED AS A SERIES OF DISCONNECTED INCIDENTS RATHER THAN A PATTERN OF COERCIVE CONTROL. THAT DISTINCTION MATTERS BECAUSE PATTERNS ESCALATE. PLEASE MEMBERS, HEAR ME TODAY. I WAS SUBJECTED TO REPEATED PHYSICAL ASSAULTS, SEVERE BEATINGS, MULTIPLE ACTS OF STRANGULATION, MEDICAL AND CRIMINOLOGICAL RESEARCH IS UNEQUIVOCAL. NONFATAL STRANGULATION IS ONE OF THE STRONGEST PREDICTORS OF FUTURE HOMICIDE. I HONESTLY DO NOT KNOW HOW I SURVIVED. IN THE MONTHS LEADING UP TO THE MOST SEVERE RESULTS MY ABUSER SENT ME HUNDREDS OF TEXT MESSAGES, THESE WERE NOT EMOTIONAL OUTBURSTS, THESE WERE DELIBERATE INTERSTATE THREATS. HE TOLD ME REPEATEDLY HE WAS GOING TO SQUEEZE UNTIL MY LIFE WAS OVER. HE DESCRIBED THE ACTIVIST REGULATION IN DETAIL REFERENCING ARTICLES OF GABBY PETITO MAKING IT CLEAR HE UNDERSTOOD THE METHOD AND THE OUTCOME. THESE MESSAGES ARE DOCUMENTED, THEY HAVE BEEN PRESERVED, THEY WERE SUBMITTED AS EVIDENCE. PLEASE HEAR ME. WE HAVE A PROBLEM IN THE STATE OF FLORIDA. EVEN WITH AUDIO RECORDINGS, DATE AND TIME STAMPED PHOTOGRAPHS, MEDICAL DOCUMENTATION AND CORROBORATION ACROSS MULTIPLE JURISDICTIONS, THE SYSTEM HAS FAILED MY FAMILY AND I. FAILURE TO PROSECUTE DESPITE UNDENIABLE EVIDENCE. THE PERPETRATOR, AND I AM NOT SORRY FOR SAYING THIS, THE MONSTER JOHN MICHAEL SMITH WAS ARRESTED MULTIPLE TIMES ACROSS PASCO COUNTY, ORANGE COUNTY AND PALM BEACH COUNTY. THERE IS VIDEO OF HIM ATTEMPTING TO BREAK DOWN THE DOOR WITH MY CHILDREN BEHIND SCREAMING TERRIFIED. THERE'S EVIDENCE OF RESTRAINING ORDER VIOLATIONS, DOCUMENTS OF THE STRANGULATION'S THAT OCCURRED. DESPITE THIS HE REPEATEDLY WAS ABLE TO BOND OUT, PAY 10 GRAND YOU GET OUT THE SAME DAY. HE SERVED A TOTAL EVER ONLY A FIVE DAYS IN JAIL. HE VIOLATED PROTECTIVE ORDERS WITHOUT CONSEQUENCE, ALLOWED TO ENTER INTO THE BATTERERS INTERVENTION PROGRAM THAT LACKED MEANINGFUL OVERSIGHT AND ENFORCEMENT. HEAR ME WHEN I TELL YOU THE BATTERERS ENFORCEMENT PROGRAM IS A CHECK THE BOX. THIS IS NOT FAILURE OF EVIDENCE, IT IS A FAILURE OF WILL STRUCTURE AND ACCOUNTABILITY. IN ORANGE COUNTY EVIDENCE IN MY CASE WAS STORED IN A SHARED DIGITAL REPOSITORY. ACCESS LAWS DEMONSTRATE KEY EVIDENCE WAS NEVER EVEN OPENED BY THE STATE ATTORNEY'S OFFICE BEFORE ULTIMATELY THE CHARGES WERE DISMISSED. EVIDENCE WAS IGNORED NOT BECAUSE IT WAS INSUFFICIENT, NOT BECAUSE IT WAS NEVER EXAMINED AND THIS IS NOT AN ISOLATED EXPERIENCE, IT IS A PATTERN SURVIVORS KNOW ALL TOO WELL. THE ROLE OF POWER AND RESOURCES, THE SYSTEM DID NOT FAIL EQUALLY. MY ABUSER WAS ABLE TO OBTAIN A HIGH-PROFILE ATTORNEY AND I WAS LEFT TO FIGHT FOR MY LIFE. WHEN PERPETRATORS ACCESS OUTWEIGHS THE RESOURCES AND THE EVIDENTIARY RECORD JUSTICE BECOMES DISCRETIONARY AND VICTIMS BECOME EXPENDABLE. THEY THEN WEAPON ICED THE LEGAL SYSTEM AGAINST YOU. THANK YOU BECAUSE THIS BILL CORRECTS THAT DANGEROUS REALITY. THE LEGAL SYSTEM ITSELF IS FREQUENTLY WEAPON ICED AGAINST VICTIMS. I STAND BEFORE YOU TODAY AND I THINK IT'S CLEAR TO ALL OF YOU AND I KNOW YOU ARE NOT MEDICAL PROFESSIONALS BUT CLEARLY I AM NOT MENTALLY ILL AND IF I HAVE TO FIGHT OR COMBAT ONE MORE DOCUMENT THAT MAKES FALSE CLAIMS THAT ME, THE VICTIM OF DOMESTIC VIOLENCE WAS MENTALLY ILL I SHOULD NEVER HAVE TO DO THAT IN THE STATE OF FLORIDA. THE FALSE CLAIMS OF MENTAL ILLNESS, RETALIATORY FIRINGS, PROCEDURAL ABUSE AND MISUSE OF LAW ENFORCEMENT AND IN MY CASE IN PASCO COUNTY I CALLED 9-1-1 FOR HELP AND WAS FALSELY ARRESTED. DESPERATE TO PROTECT MY CHILDREN AND I. THE FALSE ALLEGATIONS OF MENTAL INSTABILITY WERE USED TO DISCREDIT ME. I WAS FORCED TO PROVE MY SANITY INSTEAD OF RECEIVING PROTECTION FROM LAW ENFORCEMENT AND JUDICIAL OFFICIALS THAT TREAT VICTIMS WITH NO DIGNITY AND NO RESPECT OUT OF PASCO COUNTY. I WAS MOCKED, MADE FUN OF, I WAS MINIMIZED. THIS IS NOT UNCOMMON AND IS A KNOWN TACTIC OF CONTROL. VICTIMS UNFORTUNATELY ARE NORMALLY FIGHTING THEIR ABUSERS BUT SYSTEMS THAT PUNISH THEM FOR SPEAKING. THIS IS WHY THEY STOP CALLING 9-1-1. THIS IS WHY VICTIMS RECANT. THIS IS WHY VICTIMS DISAPPEAR OR DIE AND I WILL NOT TAKE A MOMENT OF SILENCE AND SORRY FOR TAKING UP YOUR TIME WHAT I STAND FOR SO MANY VICTIMS THAT HAVE NEVER MADE IT THIS FAR. MY CHILDREN CARRY MEMORIES OF WATCHING THEIR MOTHER BEING BEATEN, TRYING TO SAVE MY LIFE. DOMESTIC VIOLENCE DOES NOT END WITH THE VICTIM, IT IMPRINTS ITSELF ON CHILDREN, UNDERSTANDING FOR THEIR SAFETY, THEIR FUTURE AND WHAT JUSTICE IS SUPPOSED TO LOOK LIKE IN THE UNITED STATES. THE COST OF INACTION IS GENERATIONAL. MY CHILDREN AND I, BETHANY LOLA AND FRANCESCA ARE GENERATIONAL CURSE BREAKERS. THE VIOLENCE ENDS WITH US. ANIMAL ABUSE IS COERCIVE CONTROL, THE GENTLEMAN TOLD ME I CANNOT BRING UP MY PICTURE BUT MY DOG MICKEY HAD A PERFECT PRINT ON HIS BACK, HE WAS MURDERED. THIS WAS NOT COLLATERAL DAMAGE, IT WAS A MESSAGE. ABUSERS ARE ANIMALS TO ENFORCE COMPLIANCE, PUNISH ESCAPE ATTEMPTS AND TERRORIZE VICTIMS INTO SUBMISSION. THIS IS WELL DOCUMENTED AND WIDELY RECOGNIZED AS A PREDICTOR OF ESCALATED VIOLENCE AND TOO OFTEN ANIMAL CRUELTY IS TREATED AS SECONDARY. THANK YOU FOR BRINGING YOUR ANIMALS IN TODAY. THIS BILL CORRECTS THAT FAILURE INCLUDING PETS IN PROTECTIVE ORDERS RECOGNIZING ANIMAL ABUSE AS A COMPONENT OF CONTROL. SUPPORTING SAFE HAVEN OPTIONS FOR VICTIMS FLEEING WITH ANIMALS, DO YOU KNOW HOW MANY VICTIMS DON'T LEAVE THEIR ABUSER BECAUSE THEY DON'T WANT TO LEAVE THEIR FAMILY MEMBER, THEIR PET? BAIL RELEASE AND ESCALATION. PERHAPS THE MOST DANGEROUS GAP THIS BILL ADDRESSES IS THE PRETRIAL RELEASE POLICY. UNDER CURRENT PRACTICE LIKE IN MY CASE REPEAT VIOLENT OFFENDERS INCLUDING THOSE WHO STRANGLE THREATEN HOMICIDE AND VIOLIN INJUNCTIONS ARE ROUTINELY RELEASED WITHOUT MEANINGFUL LETHALITY ASSESSMENT, MONITORING OR EVALUATIONS. REMEMBER MY NAME IS NICOLE LADUE AND I'VE UNDERGONE SO MANY EVALUATIONS, THE ABUSER THAT NEARLY STRANGLED ME TO DEATH DID NOT. BOND WAS REPEATEDLY GRANTED. NO RISK-BASED DETENTION WAS APPLIED, NO INTERVENTION OCCURRED DESPITE MULTIPLE ARRESTS ACROSS MULTIPLE JURISDICTIONS. THE PERPETRATOR WALKS FREE WHILE I MAINTAIN IN PRISON. I AM NOT FREE STILL TODAY. THERE MUST BE ENHANCED PENALTIES FOR INJUNCTION VIOLATION, RISK-BASED BOND DETERMINATIONS AND INCREASED ACCOUNTABILITY. THE BATTERERS INTERVENTION PROGRAM, HEAR ME WHEN I TELL YOU IT IS JUST A LEGAL SHIELD, A CHECK THE BOX. THIS BILL STRENGTHENING MONITORING VERIFICATION PROGRAMS FOR WHAT THEY ARE INTENDED TO BE. I WANT YOU TO BE AWARE ACROSS MULTIPLE JURISDICTIONS IN THIS STATE, THE STATE ATTORNEY'S OFFICE WILL ADVISE A VICTIM TO HIRE A PRIVATE ATTORNEY TO PROTECT YOUR RIGHTS. I WAS FORMERLY CHIEF MARKETING OFFICER FOR A GLOBAL PHARMACEUTICAL INDUSTRY WHEN I WAS NEARLY BEATEN TO DEATH ON THE JOB. THEY WERE COMMITTING TAX FRAUD VIOLATING FDA LAWS. THEY DIDN'T CARE. I WORKED FOR THE SUBSIDIARY STRATFORD PHARMACEUTICALS, LOST MY LIVELIHOOD AND GREW UP IN VETERINARY MEDICINE. EVERYTHING I WORKED SO HARD FOR. THE STATES ADVICE, IRA PAID FOR ATTORNEYS TO PROTECT YOUR RIGHTS SO $600 AN HOUR THEY WILL PROTECT YOU AND BLEED YOU DRY YOUR SAVINGS AND FAILED TO DO THEIR JOB. PAYING THOUSANDS FOR PRIVATE SAFETY MEASURES, THEY WILL CHARGE YOU $2000 FOR MONITORING, $2000 TO PAY FOR AN OFF DUTY DETECTIVE SO YOU CAN SLEEP SAFE AT NIGHT. THIS BILL RECOGNIZES THE STATUTES ALONE ARE INSUFFICIENT. THERE MUST BE MANDATORY TRAINING FOR LAW ENFORCEMENT, FIRST RESPONDERS, PROSECUTORS AND JUDICIAL OFFICIALS. ALL ACROSS OUR STATE THESE INDIVIDUALS ARE NOT PROPERLY TRAINED TO UNDERSTAND WHAT A VICTIM IS SUFFERING FROM AND INSTEAD THEY ARE BLAMED, THEY ARE PROSECUTED. WITHOUT IT VICTIMS WILL CONTINUE TO BE MISIDENTIFIED, MARKED IGNORED OR LIKE ME WRONGFULLY DETAINED AND CRIMINALIZED. MEMBERS OF THE LEGISLATURE I SURVIVED WHERE SURVIVAL SHOULD NOT BE THE STANDARD. JUSTICE SHOULD NOT REQUIRE THIS AMOUNT OF ENDURANCE, WEALTH, EXTRAORDINARY RESILIENCE I POSSESS. FOR THE VICTIMS THAT HAVE NEVER REACHED THIS CHAMBER THAT HAVE BEEN SILENCED, LIED UPON, I SPEAK HERE STRONGLY FOR YOU TODAY, PLEASE TAKE STRAINED RELATIONS SERIOUSLY, RECOGNIZE ANIMAL ABUSE AS COERCIVE CONTROL. DO NOT SEE ME AS A CASE NUMBER, I AM A HUMAN BEING. MY CHILDREN ARE HUMAN BEINGS. DO NOT WAIT FOR ANOTHER HEADLINE. VOTE YES FOR VICTIMS THAT ARE STILL ALIVE BUT AFRAID TO SPEAK, FOR CHILDREN WHO ARE WATCHING, FOR ANIMALS BEING USED AS TOOLS AND VOTE YES BECAUSE THE COST IS SOMEONE'S LIFE. JUSTICE FOR LADUE, VOTE YES, BILL 682. >>Chair Botana: THANK YOU, JANINE ALEXANDER SPEAKING FOR. AND WE HAVE MULTIPLE PEOPLE SPEAKING AND A LOT OF BILLS SO WE NEED TO DEFINITELY BE MORE BRIEF, THANK YOU. >> WHAT A HARD ACT TO FOLLOW. I AM SO HUMBLED. BY WHAT SHE JUST DID AND SAID. I, TOO, AM THE VICTIM OF DOMESTIC ABUSE A FORMER DOMESTIC PARTNER, SUPPOSEDLY A MARRIAGE PROPOSAL. TWO WEEKS LATER I WAS CALLED TO HIS CONDOMINIUM. THE LEVEL OF ABUSE I SUSTAINED DOESN'T EVEN COMPARE, PHYSICALLY. THE PSYCHOLOGICAL ABUSE I SEE AS BEING LIFELONG AS POSTTRAUMATIC STRESS DISORDER. I AM A FORMER SCHOOLTEACHER A 16 YEAR VETERAN. MY CAREER WAS ABRUPTLY TAKEN AWAY FROM ME BECAUSE MY DOMESTIC ABUSER FILED FALSE POLICE REPORTS AND ENCOURAGED A LITTLE OLD LADY THAT WAS PASSING HIS CONDOMINIUM THAT EVENING TO WHERE THE INCIDENT OCCURRED. HE VIDEOTAPED FOR SEVEN MINUTES WHAT HE DID TO ME AND THEN EDITED IT DOWN TO 55 SECONDS ONLY TO PORTRAY ME AS THE PERPETRATOR. I AM REALLY SHAKEN BY WHAT I JUST HEARD FROM HER. I DIDN'T EXPECT. SO I AM GOING TO STICK TO WHAT I WROTE. NEXT WEEK I AM PRESENTING BEFORE A CITY COMMISSION THAT IGNORED WHAT I REPORTED TO THEM AS CIVIL RIGHTS VIOLATIONS. WHEN I WAS FALSELY ARRESTED WITHOUT A WARRANT 10 DAYS AFTER I COMPLAINED TO LAW ENFORCEMENT AND TOLD THEM I WAS THE VICTIM. I DON'T FAULT LAW ENFORCEMENT COMPLETELY. I THOUGHT THE CITY FOR NOT TRAINING THEM ADEQUATELY AND HELPING THEM TEACH AND HANDLE MATTERS DIFFERENTLY. UNDER DOMESTIC VIOLENCE STATUTE 741.2831 IT IMPUTES DELINEATE CERTAIN RESPONSIBILITIES TO LAW ENFORCEMENT OFFICERS AND OUR STATE ATTORNEYS. THEY WERE MADE FULLY AWARE OF MY CLAIMS OF BATTERY AND DID NOTHING. THAT SEVEN MINUTE VIDEO THAT WAS FILMED THAT WAS STATED IN A POLICE STATEMENT, SWORN UNDER THE RISK OF PERJURY HAS NEVER BEEN ACQUIRED. EVEN IN MY LAWSUIT FOR DEFAMATION OF CHARACTER AS I WAS A REALTOR IN MY COMMUNITY MY SOURCE OF EARNINGS WAS SWEPT AWAY FROM ME. MY LIFE AS I ONCE KNEW IT WAS LIKE A MAGICIAN PULLING A TABLECLOTH OFF OF A TABLE. NOTHING REMAINED INTACT. I AM GOING TO REVERT BACK -I USED TO TEACH 7 HOURS A DAY 55 MINUTE INTERVALS, COMPLEX SCIENCE MATTERS. THAT PLATFORM HAS BEEN TAKEN AWAY FROM ME AND I TRULY APPRECIATE THE OPPORTUNITY TO PRESENT. I KIND OF LOST MY BEARINGS WHEN I HEARD EVERYTHING THAT WAS COMING OUT OF HER MOUTH, HEART, SPIRIT AND SOUL. EVERYTHING OF HER BEING WANTS THIS. I THINK IT IS A STEP IN THE RIGHT DIRECTION. I DON'T THINK IT IS THE END. I DON'T THINK IT IS THE END ALL BUT IT IS A STEP IN THE RIGHT DIRECTIONS ON ADVOCATING FOR IT. LET ME STICK TO WHAT I WAS GOING TO SAY. THREE MINUTES, PLEASE. >> Chair: THANK YOU WE ARE AT 3 MINUTES 45 SECOND. >> ALL RIGHT IN SOME RESPECTS I FEEL FORTUNATE TO BE HERE TO SPEAK IN REGARDS OF THIS BILL IN OTHER RESPECTS I'VE WHETHER THE UNFORTUNATE EXPERIENCE BEING VICTIMIZED REPEATEDLY BY MY FORMER DOMESTIC PARTNER OVER A 10 YEAR PERIOD, BY THE WAY. AS AN ORDER OF PROTECTION WAS INITIALLY DENIED ON FIRST APPLICATION WE CAN LEGISLATE BUT IT IS IMPERATIVE THAT WE IMPLEMENT AND FACILITATE ONCE THE LEGISLATION IS IN PLACE IT IN MY EXPERIENCE I DESCRIBED A LITTLE BIT BY EVENTS. A DOMESTIC PARTNER PHYSICALLY BATTERED ME NOT NEARLY TO HER EXTENT. IF LAW ENFORCEMENT WAS CALLED UPON TO ASSIST ME I RELATED MY STORY IN A FRENZIED PANIC DATE. I WAS RUSHED TO THE HOSPITAL FOR EMERGENCY TREATMENT THE INJURY WAS DOCUMENTED AS PHYSICAL AND PSYCHOLOGICAL. I HAD VISIBLE BRUISES, LAW ENFORCEMENT REMAINED AT THE SCENE AND NEGLECTED TO GET THE KEY PIECE OF EVIDENCE THAT WOULD HAVE IMPLICATED THE BATTERER, THE PRIMARY AGGRESSOR THAT OF A SEVEN MINUTE VIDEO HELD BY MY DOMESTIC PARTNER AND THEN EDITED IT TO 55 SECONDS TO SUIT HIS OWN NEEDS. YOU CAN ONLY IMAGINE WHAT THEY CUT OUT. THIS MARKED THE ONSET OF LEGAL ISSUES THAT ALLOW THE ABUSER TO FURTHER THE ABUSE. I WAS ARRESTED OVER EIGHT TIMES WHEN HE MADE ADDITIONAL ACCUSATIONS, FALSE ARREST BUT IT STILL WENT TO MY RECORD. THE GREEN EYEWEAR TODAY WAS NOT THE GREEN I WORE IN MARTIN COUNTY JAIL. IT IS MY BELIEF THAT THE CURRENT BILL WILL PROVIDE ADDITIONAL SUPPORT FOR LAW ENFORCEMENT BY WAY OF IMPOSING INJUNCTIONS AND PRELIMINARY ACTIONS THAT WOULD DETER THE OFFENDER HOLD THEM MORE ACCOUNTABLE FOR THEIR BEHAVIOR WHICH IF LEFT UNCHECKED PERPETUATES THE BIGGER PROBLEM A CONTINUED CYCLE OF ABUSE. I WAS A VICTIM OF THE FOLLOWING WHICH SHE DREW REFERENCE TO, LOVE BOMBING. AFTER LIVING WITH A PARTNER I WAS LURED INTO RECONNECTING AFTER A PERIOD OF SEPARATION WITH PROMISES OF CHANGE BEHAVIOR EVEN MARRIAGE PROPOSALS, CARDS AND ROSES WERE TYPICAL. GAS LIGHTING THE TIME I ADDRESSED HIS POSSESSION AND ACCUSER TOWARDS BEHAVIOR HE MADE OUT I WAS THE CRAZY ONE OR DELUSIONAL AND YES, I HAVE BEEN DIAGNOSED WITH POSTTRAUMATIC STRESS DISORDER. GENERAL ANXIETY DISORDER AND YES, DEPRESSION BUT I HAVE OVERCOME THE DEPRESSION BY WRITING A BOOK ABOUT HOW TO OVERCOME DEPRESSION FROM A SPIRITUAL PERSPECTIVE. LASTLY, COERCIVE CONTROL AND MANIPULATION HERE THIS CAN BE THE MOST DANGEROUS. AND ALSO, THE MOST IMPACTFUL ON A VICTIM. IT MAKES YOU DOUBT YOUR OWN CAPABILITIES. IF THE OTHER TWO MEASURES WERE NOT SUCCESSFUL HE RESULTED TO COERCIVE CONTROL. >> Chair: THANK YOU IT'S BEEN SEVEN MINUTES AND I NEED YOU TO WRAP IT UP. >> … NEVERMIND ALL OF YOU VICTIMIZE ME FURTHER IT IS IMPERATIVE THAT WE TRAIN AND ARM OUR LAW ENFORCEMENT OFFICERS WITH TOOLS THAT ENABLE THEM TO DO THEIR JOB AND SERVE OUR COMMITTEES BETTER. IT IS IMPERATIVE THAT THE ATTORNEY FOLLOW THE RULE OF THE LAW ESTABLISHED UNDER FLORIDA STATUTE 741.28 331. AND CONTINUED LEGISLATIVE ACTS. IT IS MY HOPE THAT WE CAN ALL UNITE BY BRINGING THIS LEGISLATION INTO EFFECT TO RUMINATE THE IMPACT THAT THE MYSTIC ABUSE HAS ON OUR COMMUNITIES BUT MOST OF ALL OUR FAMILIES. I COINED THIS PHRASE THERE IS NO EXCUSE FOR DOMESTIC ABUSE. I AM GRATEFUL TO BE HERE. I AM GRATEFUL TO BE HERE TO ADVOCATE AND TELL MY STORY. >> Chair: THANK YOU. ALISHA PERTOFSKY? ANIMAL LEGAL DEFENSE FUND SPEAKING IN FAVOR AND UNFORTUNATELY I'M GOING TO HAVE TO ASK YOU TO BE A LITTLE BIT MORE BRIEF THAN THE LAST TWO. >> I CAN KEEP IT SHORT, THANK YOU CHAIR. CHAIRMAN AND MEMBERS OF THE COMMITTEE MY NAME IS ALICIA WITH THE ANIMAL DEFENSE FUND THANK YOU FOR THE OPPORTUNITY TO SPEAK TODAY. LGF SUPPORTS SB 682 WHICH WOULD STRENGTHEN PROTECTIONS FOR DEVICE ONLY SURVIVORS OF DOMESTIC VIOLENCE AND COMPANION ANIMALS. IT WOULD DO THIS BY ADDING CRUELTY TO ANIMALS BY THE DEFINITION OF DOMESTIC VIOLENCE IN FLORIDA STATUTES AND IT WOULD ALSO EXPAND CIRCUMSTANCES IN WHICH COMPANION ANIMALS CAN BE PROTECTED UNDER THE PETITION FOR INJUNCTION BY ADDING COERCIVE CONTROL. YOU'VE ALREADY HEARD ABOUT THE LINK BETWEEN DOMESTIC VIOLENCE AND ANIMAL ABUSE WEEKENDS GET PAST THAT. I DID WANT TO HIGHLIGHT A FEW STATISTICS. THERE ARE NUMEROUS STUDIES OUT THERE HIGHLIGHTING THIS LINK. IT IS ABSOLUTELY UNEQUIVOCAL. JUST A FEW. WOMEN IN DOMESTIC VIOLENCE SHELTERS WERE 11 TIMES MORE LIKELY TO REPORT THEIR PARTNER HURT OR KILLED A PET AS COMPARED TO WOMEN WHO HAVE NOT SUFFERED DOMESTIC ABUSE. 89% OF WOMEN WHO HAVE COMPANION ANIMALS WHILE EXPERIENCE IN DOMESTIC VIOLENCE REPORTED THAT THEIR ABUSER THREATENED, INJURED OR KILLED THEIR ANIMALS. APPROXIMATELY ONE THIRD OF WOMEN WHO HAVE EXPERIENCED DOMESTIC VIOLENCE HAVE DELAYED LEAVING AN ABUSIVE PARTNER OUT OF FEAR OF THEIR ANIMAL SAFETY AND WELL-BEING. AND LASTLY, 97% OF CALLERS TO THE NATIONAL DOMESTIC VIOLENCE HOTLINE SAID THAT KEEPING THEIR PETS WITH THEM IS AN IMPORTANT FACTOR IN DECIDING WHETHER TO SEEK SHELTER. THIS BILL WOULD PROVIDE CRITICAL SAFEGUARDS FOR SURVIVORS AND ANIMALS LDS IS GRATEFUL TO SENATOR CALATAYUD AND REPRESENTATIVE TENDRICH IN THE HOUSE FOR INTRODUCING THIS BILL AND WE ENCOURAGE YOU TO SUPPORT IT THANK YOU. >> QUICK QUESTION. DID YOU KNOW IN FLORIDA IT IS NOT REQUIRED FOR VETERINARIANS TO REPORT ANIMAL ABUSE? >> I DID KNOW THAT, YES. >> DO YOU THINK I SHOULD CHANGE? >> YES WE HAVE SUPPORTED THAT IN THE PAST. >> THANKS. >> Chair: THANK YOU. BERNIE BISHOP FLORIDA SMART JUSTICE ALLIANCE WAIVING IN SUPPORT. KEVIN CAMPBELL WAIVING IN SUPPORT. KATE McFALL HUMANE WORLD FOR HIM ANIMALS WAIVING IN SUPPORT. IS THERE ANY DEBATE? IS THAT THE AMENDMENT OR IS THAT A BILL? SENATOR CALATAYUD YOU ARE RECOGNIZED TO CLOSE ON THE BILL. >> THANK YOU MR. CHAIR. I WOULD JUST LIKE TO THANK VERY MUCH THE TWO WOMEN THAT JOINED US TODAY TO SHARE THEIR STORIES WITH BOTH THE COMMITTEE AND ALL OF THOSE LISTENING. I AM INCREDIBLY GRATEFUL FOR THEM SHARING WHAT I THINK ALL OF US NEED TO KNOW IS THAT THIS POLICY WILL MOVE FORWARD AND FIND WAYS THAT WE CAN EMPOWER SURVIVORS. I ASK FOR YOUR FAVORABLE SUPPORT. THANK YOU. >> Chair: WE'LL PLEASE CALL ROLL ON CS FOR SB 62. NINE YES. >> Sen. Bradley: YES. >> Sen. Garcia: YES. >> Sen. Pizza: YES. >> Sen. Simon: YES. >> Sen. Yarborough: YES. >> VC Smith: YES. >> Chair : YES. >> Chair: BY YOUR VOTE IT IS REPORTED FAVORABLY. I HAVE TO GO AND RECORD A BILL ON ANOTHER COMMITTEE SO I WILL TURN THE GAVEL OVER TO VICE CHAIR SMITH. >> Chair: THANK YOU MR. CHAIR, I'VE GOT THIS! I PROMISE. SENATORS, WE ARE GOING TO TAB TO SINCE WE HAVE SENATOR BRADLEY HERE, OF COURSE. TAB TWO IS SENATE BILL 656 ON INTERNET CRIMES AGAINST CHILDREN PROGRAMS. SENATOR BRADLEY YOU ARE RECOGNIZED TO EXPLAIN YOUR BILL. >> THANK YOU MR. CHAIR. SEN.'S RECENT DELAY IN RECENT YEARS THIS LEGISLATURE HAS PASSED BOLD INITIATIVES THAT REFLECT THE STATE COMMITMENT TO FOR HIS CHILDREN FROM ONLINE THREATS. FLORIDA DEPARTMENT OF LAW ENFORCEMENT WORKS IN PARTNERSHIP WITH LOCAL LAW ENFORCEMENT THE FLORIDA INTERNET RHYMES AGAINST CHILDREN TASK FORCES AND OTHER ORGANIZATIONS TO COMBAT THE MOST SIGNIFICANT ONLINE THREATS AND EXPLOITATION OF CHILDREN IN FLORIDA. THIS BILL DOES TWO THINGS. FIRST THE BILL STRENGTHENS FLORIDA'S RESPONSE TO ONLINE CHILD EXPLOITATION BY FORMALLY CREATING THE INTERNET CRIMES AGAINST CHILDREN TASK FORCE FUNDING WITH AN FDL E. THIS BILL CODIFIES THAT INVESTMENT PROVIDING STATUTORY STRUCTURE STABILITY AND ACCOUNTABILITY SO THOSE FUNDS CONTINUE TO DIRECTLY SUPPORT FRONTLINE INVESTIGATIONS TRAINING, TECHNOLOGY AND PERSONNEL. SECOND THE BILL RENAMES THE EXISTING ONLINE STING OPERATIONS GRANT FUND TO BE RENAMED THE INTERNET CRIMES AGAINST CHILDREN GRANT PROGRAM TO BETTER ALIGN WITH THE ICCAT MISSION. THE BILL DOES NOT CREATE A NEW PROGRAM IS STRENGTHENS AND FORMALIZES FOR LOTUS EXISTING ICAC FRAMEWORK. AND THAT IS THE BILL MR. CHAIR. >> Chair: THANK YOU SENATOR BRADLEY THERE IS ONE AMENDMENT STILL HAPPENING. OH YES, QUESTIONS ON THE BILL AS WE GET TO THE AMENDMENT? QUESTIONS ON THE BILL AS AMENDED? WE DO HAVE AN AMENDMENT BARCODE 740992 BY SENATOR BRADLEY SENATOR BRADLEY YOU ARE RECOGNIZED TO EXPLAIN THE AMENDMENT. >> THE AMENDMENT DEFINES GOOD STANDING IN THE BILL. >> Chair: SENATORS ARE THERE QUESTIONS ON THE AMENDMENT? ARE THERE APPEARANCE CARDS IN THE AMENDMENT? NO APPEARANCE CARDS. SENATOR IS THERE A DEBATE ON THE AMENDMENT? SEEING NONE SENATOR BRADLEY YOU ARE RECOGNIZED TO CLOSE. >> WAIVE CLOSE. >> Chair: WITHOUT OBJECTION I SEE THEM MOTION IS ADOPTED AND WE ARE ONTO THE MAIN BILL AS AMENDED. SENATORS DO WE HAVE QUESTIONS ON THE BILL AS AMENDED? SEEING NONE WE DO HAVE SOME SPEAKER AND APPEARANCE FORMS. FIRST, IT LOOKS LIKE WE HAVE BERNIE BISHOP WAIVING IN SUPPORT FROM FLORIDA SMART JUSTICE ALLIANCE. THANK YOU MR. BISHOP. NEXT WE HAVE ANNA REAGAN WAIVING IN SUPPORT FROM THE FLORIDA SHERIFFS ASSOCIATION. AND LAST IT LOOKS LIKE WE DO HAVE JENNIFER COOK PRITT WAIVING IN SUPPORT FROM THE FLORIDA POLICE CHIEF ASSOCIATION. SENATORS, WE ARE NOW IN DEBATE. IS THERE ANY DEBATE ON THE BILL? SEEING NONE SENATOR BRADLEY YOU ARE RECOGNIZED TO CLOSE ON YOUR BILL. >> I WILL WAIVE CLOSE MR. CHAIR SPOON HAVING WAIVE CLOSE TORY LEASE CALL THE ROLL ON CS FOR SB 656. >> Rep. Bernard: YES. >> Sen. Bradley: YES. >> Sen. Garcia: YES. >> Sen. Pizza: YES. >> Sen. Simon: YES. >> Sen. Yarborough: YES THANK YOU MR. CHAIR. YES. >> Chair: BY YOUR VOTE SB 656 IS REPORTED FAVORABLY AND UNANIMOUSLY CONGRATULATIONS SENATOR BRADLEY. NEXT SENATORS WE ARE GOING TO MOVE TO TAB FOUR. TAB FOUR, THIS IS SENATOR SIMON SENATE BILL 810, SEALING OF CRIMINAL HISTORY RECORDS. SENATOR SIMON YOU ARE RECOGNIZED TO EXPLAIN THE BILL. >> THANK YOU MR. CHAIR. FLORIDA RECORDS LAW IS OVER 35 YEARS OLD AND ONLY ALLOWS PERSONS TO PETITION THE COURT ONLY ONCE IN A LIFETIME NO MATTER HOW MINOR OR OLD IT IS. THE RECORD IS HIDDEN FROM THE PUBLIC BUT ALWAYS REMAINS VISIBLE TO LAW ENFORCEMENT, PROSECUTORS AND JUDGES AND A JUDGE MUST DECIDE THAT CEILING AND APPROPRIATE IS APPROPRIATE IN EACH CASE. CURRENT LAW HAS STRICT GUARDRAIL SERIOUS OFFENSES LIKE ARSON, AGGRAVATED ASSAULT, CHILD ABUSE, SEX CRIMES, DRUG TRAFFICKING AND OTHERS ARE INELIGIBLE. ANYONE CONVICTED OF ANY CRIME IS INELIGIBLE. RECORDS TIED TO ANY CONVICTION IN THE SAME INCIDENT ARE INELIGIBLE. PEOPLE STILL ON SUPERVISION ARE INELIGIBLE AND ANYONE WHO HAS PREVIOUSLY SEALED A NON-CONVICTION RECORD UNDER FLORIDA'S ONE-SHOT RULE IS INELIGIBLE. AS A RESULT FLORIDA IS THE ONLY TRADITIONAL SOUTHEASTERN STATE THAT DOES NOT ALLOW MORE THAN ONE CHANCE TO SEAL ANY KIND OF RECORD INCLUDING ARREST THAT DID NOT RESULT IN CONVICTION OR WITHHELD ADJUDICATION. AND IT IS AMONG THE MOST RESTRICTIVE STATES IN THE COUNTRY THAT IS NOT ALLOWED THE JUDGE TO CONSIDER CEILING EVEN A SINGLE LOW LEVEL MISDEMEANOR CONVICTION AFTER A WAIVING PERIOD. SB EIGHT 810 MAKES TWO TARGETED CHANGES TO HELP FLORIDIANS WHO HAVE LEFT CRIME BEHIND REENTERING THE WORKFORCE WHILE PRESERVING PUBLIC SAFETY. FIRST IT REMOVES THE ONE-SHOT RULE FOR NONCONVICTION RECORDS ALLOWING PEOPLE WITH MULTIPLE ARRESTS THAT WERE DROPPED OR ENDED IN NOT GUILTY VERDICTS TO PETITION AGAIN AFTER MEETING A THREE YEAR CRIME FREE WAIVING PERIOD. FOR A SECOND WITHHELD ADJUDICATION OBTAINING AN FDL A CERTIFICATE FOR ELIGIBILITY IN CONVINCING A JUDGE THAT CEILING IS WARRANTED. THE BILL KEEPS EXISTING SAFEGUARDS AND JUDICIAL REVIEW TO REPEAT OR IF HIGH-RISK OFFENDERS DO NOT BENEFIT HERE AT SECOND THE BILL WILL ALONE ONE NONVIOLENT LOW LEVEL MISDEMEANOR CONVICTION TO BE SEALED IF THE PERSON COMPLETES A FIVE YEAR CRIME FREE WAIVING PERIOD SECURING FDL E CERTIFICATE CONFIRMING ELIGIBILITY INCLUDING THAT THE OFFENSE WAS NOT VIOLENT FORCIBLE A SEX CRIME OR DOMESTIC VIOLENCE. AND THEN PERTAINS A JUDGE TO THE PARTICIPATION. ONCE A MISDEMEANOR CONVICTION IS SEALED NO OTHER CONVICTION CAN EVER BE SEALED. THE BILL HAS THE TWO-STEP PROTECTION TO ESTABLISH ELIGIBILITY AND THEN A JUDGE MUST DECIDE WHETHER THE CEILING IS APPROPRIATE IN THAT INDIVIDUAL CASE. THAT IS THE BILL. >> Chair: THANK YOU SENATOR SIMON HAVING PRESENTED THE BILL AND KNOW WE HAVE AN AMENDMENT THE SENATORS ARE THERE QUESTIONS ON THE BILL? QUESTIONS ON THE BILL? SEEING NONE WE DO HAVE ONE AMENDMENT BARCODE 632872 BY SENATOR SIMON SENATOR SIMON YOU ARE RECOGNIZED TO EXPLAIN YOUR AMENDMENT. >> THE PERSON HAS WITHHELD ADJUDICATION OR SEEKS THE SUBSEQUENT SEAL FOR WITHHOLD OF ADJUDICATION THE PERSON WHO SEEKS TO SEAL AN OFFENSE FOR WHICH THE PERSON WAS ADJUDICATED GUILTY OR IF A PERSON WILL BE ELIGIBLE TO SEAL THE RECORDS AMONG COMPLETION OF THE SENTENCE WHICH IS CONSISTENT WITH CURRENT FLORIDA LAW. >> Chair: HAVING EXPLAINED HIS AMENDMENT SENATORS, ARE THERE QUESTIONS ON THE AMENDMENT? QUESTIONS ON THE AMENDMENT? ARE THERE APPEARANCE CARDS, NONE ON THE AMENDMENT ON THE MAIN BILL. SENATORS IS THERE A DEBATE ON THE AMENDMENT? SEEING NONE SENATOR SIMON YOU ARE RECOGNIZED TO CLOSE ON YOUR AMENDMENT. >> WAIVE CLOSED. >> Chair: WITHOUT OBJECTION THE AMENDMENT IS ADOPTED WE ARE NOW ON THE MAIN BILL AS AMENDED SENATORS TO HAVE QUESTIONS ON THE MAIN BILL AS AMENDED? SEEING NONE APPEARANCE CARDS. IT LOOKS LIKE WE HAVE SEVERAL. IT LOOKS LIKE-I WILL GET STARTED WITH AARON WHITE FROM THE FLORIDA ASSOCIATION OF CRIMINAL DEFENSE ATTORNEYS ACTUALLY IT LOOKS LIKE -WOULD YOU LIKE TO WAIVE OR WOULD YOU LIKE TO TESTIFY WYAT? SURE. MR. WYAT YOU ARE RECOGNIZED. GOOD AFTERNOON AARON WADE PRESIDENT-ELECT OF THE CRIMINAL DEFENSE LAWYERS I APPRECIATE YOU CHAIR AND COMMITTEE MEMBERS FOR YOUR TIME. WE DO APPRECIATE THIS BILL AS YOU HEARD FLORIDA IS AN OUTLIER THAT DOES NOT ALLOW MANY CEILINGS OR EXPUNGEMENT'S AS THE REST OF THE SOUTH DOES IS THE REST OF THE NATION DOES. THIS WILL ALLOW NONVIOLENT, NON-DUI DEMEANORS TO BE ABLE TO BE SEALED. WHICH WE BELIEVE IS A GOOD CHANGE TO FLORIDA LAW AS RYAN STEVENSON SAID WE ARE MORE THAN THE WOTT WE DO HAVE SOME QUESTION SENATOR PIZZO YOU ARE RECOGNIZED FOR QUESTION >> WE MET EARLIER. WOULD CANNABIS POSSESSION TAKING WITHHOLD THE CANNABIS POSSESSION BE CONSIDERED FOR A CEILING IN THIS BILL? >> OH, CURRENTLY IF THE PERSON HAS NO OTHER CONVICTIONS IN THEIR HISTORY IF THEY HAVE A WITHHOLD OF ADJUDICATION ON A CANNABIS POSSESSION THEY COULD PETITION TO USE THAT ONE LIFETIME ADDITION TO SEAL. WITH THE BILL IF IT IS CHANGED EVEN IF THEY GET IN ADJUDICATION OF GUILT ON THAT POSSESSION OF CANNABIS IT WOULD ALLOW THEM TO NOW SEAL THAT ADJUDICATION OF GUILT FOR CANNABIS. >> FOLLOW-UP. >> Chair: YOU ARE RECOGNIZED. >> IF THIS BILL PASSES INTO LAW IT ALLOWS YOU TO TAKE A DRUG POSSESSION AS YOU HAD, THAT YOU TOOK A WITHHOLD ON, SEAL THAT OR EVEN IN ADJUDICATION THEN YOU HAVE A SUBSEQUENT THEFT CHARGE THAT YOU ALSO PLEAD WITH A WITHHOLD FOR SOME REASON YOU WITHHOLD THE ADJUDICATION AND YOU WOULD BE ABLE TO SEAL BOTH OF THOSE, IS THAT CORRECT? >> I BELIEVE THERE ARE TIMING RESTRICTIONS IN THE BILL THAT STATE WHEN YOU CAN IF YOU GET THE SECOND. >> IF IT WAS 25 YEARS AGO. >> I APOLOGIZE I DON'T HAVE THE ANSWER. I DID NOT LOOK AT THE EXACT TIME RESTRICTIONS WE WERE FOCUSED AND APPRECIATIVE OF JUST BEING ABLE TO SEAL A CONVICTION IN SOMEONE'S HISTORY SO SOMEONE WHO HAD A FIRST OFFENSE FOR SOME REASON IT HAPPENED A LOT THEY JUST PAY A FINE AT THE FIRST ARRANGEMENT AND THEY ARE CONVICTED FOR IT RATHER THAN GETTING THAT BREAK ORG GETTING THAT ADJUDICATION. THAT WOULD ALLOW THE PERSON DID NOT GET A BREAK IN CORPORATE IT'S A MINOR NONVIOLENT CRIME LET'S LET THEM SEAL THE MISDEMEANOR. >> PRACTICALLY SPEAKING OR EXPUNGEMENT SWITCH INVOLVE A CASE BEING DROPPED BY THE STATE ATTORNEY'S OFFICE IN THE PROSECUTION IT MIGHT HAVE BEEN ARRESTED BUT THAT IS ALL AND NOTHING MORE WHAT IS PRACTICALLY THE LIMIT IN FLORIDA RIGHT NOW FOR PEOPLE WHO WERE NEVER PROSECUTED OR PLED GUILTY. YOU ARE GOOD TO RESPOND YOUR OPEN FOREIGN EXCHANGE. >> THE QUESTION WAS HOW MANY TIMES CAN YOU PETITION TO SEAL OR EXPUNGE? >> YOU CAN EITHER ONCE RIGHT NOW PETITION TO EXPUNGE OR SEAL ONCE IN YOUR LIFE. IT HAPPENS A LOT. IF YOU EXPUNGE THAT POSSESSION OF CANNABIS YOU WOULD BE BARRED FROM EXPUNGING OR STEALING ANYTHING ELSE FOR THE REST OF YOUR LIFE IF YOU THOUGHT YOU HAD A FALSE ACCUSATION. >> OKAY, THANKS. >> Chair: SENATORS, NEXT UP WE HAVE BARNEY BISHOP WAIVING IN SUPPORT FROM FLORIDA SMART JUSTICE ALLIANCE. NEXT WE HAVE DANIEL MARTINEZ LIVING IN SUPPORT FROM AMERICANS FOR PROSPERITY. NEXT UP WE HAVE CAMERON FENCE; I APOLOGIZE IF I DID NOT GET THAT RIGHT. ASSOCIATED INDUSTRIES OF FLORIDA WAIVING IN SUPPORT. WE ALSO HAVE MICHELLE COMBS CHRISTIAN I'M SORRY MICHELLE COMBS FROM THE FLORIDA CHRISTIAN COALITION WAVING IN SUPPORT. JUAN PABLO CHAVEZ WAIVING IN SUPPORT FROM THE CRIME SURVIVORS SPEAK ORGANIZATION. KATIE BURNETT FROM THE ALLIANCE FOR SAFETY AND JUSTICE WAVING IN SUPPORT. SENATORS, THAT DOES IT FOR PUBLIC COMMENT. WE ARE NOW IN DEBATE. IS THERE DEBATE ON THE BILL? >> BRIEFLY? LIKE SENATOR PIZZO YOU ARE RECOGNIZED IN DEBATE. >> SENATOR SIMON, REALLY QUICK, WE NEED TO TALK ABOUT THIS AT LENGTH AND THE OTHER CONVERSATIONS A COUPLE YEARS AGO, I THINK IT WAS UNANIMOUS IN THE SENATE I THINK THERE'S TWO PEOPLE IN THE HOUSE THAT DIDN'T VOTE FOR IT WE ALL VOTED FOR 605, HB 605 WHICH GAVE ADDITIONAL EXPUNGEMENT FOR THINGS YOU DID NOT DO AND OTHER CASES WERE DROPPED. THAT WAS VETOED BY THE GOVERNOR. THAT HAD UNANIMOUS SUPPORT IN BOTH CHAMBERS. THIS IS ASKING FOR THE ABILITY TO SEAL A SECOND OR SUBSEQUENT CRIME THAT YOU ACTUALLY LED TO EITHER WITHHOLD OR ADJUDICATION AND WE CAN'T GET OVER THE HUMP ABOUT EXPUNGEMENT. I NOTE THAT WHEN WORK IS DONE ON THIS TOPIC I'M GOING TO SEND THIS TO SUPPORTERS OF THIS BILL. SOMETHING HAPPENED LAST YEAR AND BEFORE BUT FOR THE CASUAL OBSERVER WHAT POPS OUT IS THE ABILITY FOR A PARTICULAR GUBERNATORIAL CANDIDATE TO TAKE ADVANTAGE OF THIS BILL BEFORE IT PASSES IN THE ELECTION IN NOVEMBER. AND THAT IS WHY IT JUMPED OUT AT ME BUT REALLY THE CART BEFORE THE HORSE CERTAINLY I THINK FLORIDIANS WHO HAVE HAD TO ARREST THAT RESULTED IN NO PROSECUTION SHOULD GET TO ENJOY TO EXPUNGEMENT BEFORE A PERSON, THEIR TWIN BROTHER WHO COMMITS TO CRIMES AND ACTUALLY WITHHOLDS OR PLEADS TO THEM ADJUDICATION TO BE ABLE TO SEAL THEM. CERTAINLY I THINK ONE PARTY IS OBJECTIVELY MORE DESERVING THAN THE OTHER AND WE COULD NOT GET THE GOVERNOR WITH A UNANIMOUS SUPPORT TO DO A SECOND EXPUNGEMENT. AND THAT IS MY POSITION. I FEEL A LITTLE UNEASY ABOUT WHERE WE ARE PROCEDURALLY. >> Chair: ADDITIONAL DEBATE? IS THERE ADDITIONAL DEBATE? SENATOR SIMON IF YOU ARE RECOGNIZED TO CLOSE ON YOUR BILL. >> THANK YOU MR. CHAIR I WILL BE BRIEF AND I'M HAPPY TO HAVE THE CONVERSATION AND I SAT DOWN EARLIER WAS SENATOR PIZZO AND I HEARD HIS CONCERNS ESPECIALLY ABOUT EXPUNGEMENT. THIS BILL DOES NOT COVER THAT BUT THIS BILL DOES GIVE THOSE FOLKS THAT WORKED THEIR WAY OUT OF THAT TOUGH SITUATION AND FOUND THEMSELVES BEHIND THE LAW WHETHER IT IS A YOUNG KID OR OLDER AND GIVE THEM AN OPPORTUNITY TO MAKE THINGS RIGHT GOING FORWARD. YOU KNOW, CERTAINLY GROWING UP I KNOW A LOT OF FOLKS THAT ARE NOW ON THE SIDELINE STILL LOOKING FOR A JOB AND STILL TRYING TO FIND A FUTURE FOR THEMSELVES AFTER GETTING IN TROUBLE IN THEIR YOUTH. WHAT THIS DOES IS SIMPLY MOVES THE BALL FORWARD AND POTENTIALLY THOSE FOLKS OFTEN TIME GETTING OFF OF THE GOVERNMENT DOLE AND GOING OUT AND ACTUALLY FINDING EMPLOYMENT IN THE FUTURE. WITH THAT I ASK FOR YOUR FAVORABLE SUPPORT. >> Chair: HAVING CLOSED ON HIS BILL, TORI, PLEASE CALL THE ROLL ON CS FOR SB 810. >> Rep. Bernard: YES. >> Sen. Bradley: YES. >> Sen. Garcia: YES. >> Sen. Pizza: NO. >> Sen. Simon: YES. >> Sen. Yarborough: YES. >> VC Smith: YES >> Chair Martin: YES. >> Chair: BY YOUR VOTE CS FOR SB 810 IS REPORTED FAVORABLY. THANK YOU SENATOR SIMON. I CAN SEE THAT SENATOR MARTIN HAS RETURNED AND ACTUALLY HAS REQUESTED THAT WE TAKE UP ONE OF HIS BILLS NEXT. WE WILL JUMP SENATORS TO TAB SIX. SENATE BILL 890. ON BATTERY BY STRANGULATION. BY SENATOR MARTIN. THERE IS AN ALL, STRIKE ALL AMENDMENT AND EXPLAIN THAT? >> SURE. >> Chair: LET'S GO AHEAD AND TAKE UP AMENDMENT BARCODE 842756 BY SENATOR MARTIN. SENATOR MARTIN YOU ARE RECOGNIZED TO EXPLAIN THE AMENDMENT. >> THANK YOU. THIS BILL IN GENERAL FOR CONTEXT ATTEMPTS TO CREATE STANDALONE OFFENSE OF BATTERY BY STRANGULATION REMOVING THE REQUIREMENT THAT IT HAS TO OCCUR ONLY IN A DOMESTIC OR DATING RELATIONSHIP . SO IF SOMEONE STRANGLES YOU AND YOU ARE NOT DATING THEM THEY CAN BE PUNISHED. UNDER THE STATUTE. THE AMENDMENTS SPECIFICALLY REMOVES THEIR CORPSMEN THE BATTERY BY STRANGULATION REQUIRES A RISK OR CAUSES GREAT BODILY HARM. IT RESTORES THE OFFENSE OF DOMESTIC BATTERY BY REGULATION AND REMOVES THE REQUIREMENT THAT IT CREATES A RISK OF OR CAUSES GREAT BODILY HARM. THERE'S OTHER REQUIREMENTS OBVIOUSLY IN THE STATUTE. IT RANKS BATTERY BY STIMULATION IN THE CRIMINAL CODE AS A LEVEL VI RATHER THAN A FOUR AND WE JUST HEARD SENATOR CALATAYUD'S BILL IF IT IS IF THERE IS DOMESTIC VIOLENCE COMPONENT IT ACTUALLY INCREASES THE LEVEL SO DV STRANGULATION WOULD BE A LEVEL VII AS OPPOSED TO A SIX. AND THEN THAT IS OF COURSE IF HER BILL PASSES INDEPENDENTLY AND THIS ONE PASSES INDEPENDENTLY. THAT IS THE BILL IN DELETE ALL AMENDMENT. >> Chair: HAVING HEARD THE AMENDMENT ARE THERE QUESTIONS ON THE AMENDMENT MET QUESTIONS ON THE AMENDMENT IS THERE DEBATE ON THE AMENDMENT? SEEING NONE SENATOR MARTIN YOU ARE RECOGNIZED TO CLOSE ON THE AMENDMENT. >> I WILL WAIVE. >> WITHOUT OBJECTION WE CAN SEE THE AMENDMENT IS ADOPTED. QUESTIONS ON THE BILL AS AMENDED? LESSONS ON THE BILL AS AMENDED? I HAVE A QUESTION SENATOR MARTIN; I AM TRYING TO FIGURE OUT HOW THIS WOULD PLAY OUT OBVIOUSLY IN NONDOMESTIC VIOLENCE SITUATIONS. IF SOMEONE GETS INTO A BAR FIGHT AND BRIEFLY HOLD SOMEONE INTO A CHOKEHOLD POSITION IS THAT A THIRD-DEGREE FELONY UNDER YOUR BILL AS WRITTEN? THANK YOU FOR THE QUESTION. SO WHAT WE DID IS KEEP THE ORIGINAL LANGUAGE THAT STATES AND I WILL QUOTE THIS IS ONLINE 27 OF THE BILL BY APPLYING PRESSURE ON THE THROAT OR NECK OF THE OTHER PERSON OR BY BLOCKING THE NOSE OR MOUTH OF THE OTHER PERSON BASICALLY CUTTING OFF THEIR ABILITY TO EITHER GET AIR INTO THEIR LUNGS OR FOR THE OXYGEN THROUGH THEIR BLOOD TO GET TO THEIR BRAIN. >> Chair: THANK YOU CHAIR MARTIN. ADDITIONAL QUESTIONS? SEEING NONE IT LOOKS LIKE WE HAVE AN APPEARANCE FORM. HERE WE HAVE BERNIE BISHOP WAIVING IN SUPPORT FLORIDA SMART JUSTICE ALLIANCE. ANY ADDITIONAL APPEARANCE CARDS? SEEING NONE SENATORS WE ARE IN DEBATE OF THE BILL. DEBATE OF THE BILL. SENATOR PIZZO YOU ARE RECOGNIZED IN DEBATE. >> CHAIR, THANK YOU IT IS 8 POUNDS OF PRESSURE REQUIRED TO SQUEEZE SOMEONE'S WINDPIPE. WHAT IS LACKING WITH THE EXISTING IS THE REMEDY AND THINGS FALLING AND NOT BEING A CHARGED APPROPRIATELY OR BETTER BY BEING CHARGED OF STRANGULATION. >>. >> Chair: THANK YOU. IS THERE ADDITIONAL DEBATE? SENATOR MARTIN IN YOUR CLOSE YOU ARE WELCOME TO ANSWER SENATOR PIZZO'S QUESTION IN YOUR CLOSING DEBATE. IS THERE ADDITIONAL DEBATE? SEEING NONE SENATOR MARTIN YOU ARE WELCOME AND RECOGNIZED TO CLOSE. >> THANK YOU. THE ISSUE FOR A WHILE HAS BEEN STRANGULATION HAS ONLY BEEN PROSECUTED IF THE PERSON WHO IS THE VICTIM OR THE DEFENDANT AND THE VICTIM HAVE A DATING RELATIONSHIP. OR A RESIDENTIAL RELATIONSHIP WITH FAMILY MEMBERS. I REMEMBER DEALING WITH THIS WHEN I WAS A PROSECUTOR AND I THOUGHT IT WAS BIZARRE IF A COMPLETE STRANGER WALKS UP AND GRABS YOU BY THE THROAT AND CUTS OFF YOUR BREATHING THAT'S JUST A MISDEMEANOR. UNLESS THEY CAUSE AGGRAVATED IF THEY ARE SUCCESSFUL IN CAUSING YOU BRAIN DAMAGE AND YOU LOSE THE ABILITY TO FUNCTION. THEN YOU GET CHARGED WITH AGGRAVATED BATTERY. BUT IT WASN'T THE CONNECTION OR CONSISTENCY ACROSS OR OUTSIDE OF THE DATING RELATIONSHIP. WE HAVE COMBINED THOSE TWO SO BASICALLY IF YOU GET THE, IF YOU DO THE HARM IF YOU GET THE STRANGULATION AND YOU CUT OFF THE AIRWAY WHICH IS PRETTY TRAUMATIC REGARDLESS OF WHETHER IT IS A LOVED ONE OR A STRANGER OR SOMEBODY THAT YOU WORK WITH AND YOU ARE NOT IN A DATING RELATIONSHIP, THE CONSISTENCY ACROSS THE PUNISHMENT CODE SHOULD BE THE SAME AS FAR AS PUNISHMENT. FOR THAT SPECIFIC ACT THAT IS EXTREMELY DANGEROUS IMPOSES AN EXTREMELY HIGH RISK OF INJURY TO AN INDIVIDUAL AND I THINK THAT IS WHAT WAS DEEMED THAT CONSISTENCY ACROSS THE DIFFERENT TYPES OF VICTIMS. THIS WILL ALLOW PROSECUTORS THE ABILITY TO PROSECUTE THIS EXTREMELY DANGEROUS TYPE OF BATTERY WHETHER SOMEONE IS IN A DATING RELATIONSHIP OR NOT AND PUNISH THEM ACCORDINGLY. AND I APPRECIATE YOUR SUPPORT FOR THE BILL. >> Chair: HAVING CLOSED ON HIS BILL TORI PLEASE CALL THE ROLL ON CS FOR SB 890. >> Rep. Bernard: YES. >> Sen. Bradley: YES. >> Sen. Garcia: YES 12 YES. >> Sen. Simon: YES. >> Sen. Yarborough: YES. >> VC Smith: YES. >> Chair Martin: YES. >> Chair: BY YOUR VOTE CS FOR SB 890 IS REPORTED FAVORABLY. SENATORS NEXT WE WILL TAKE UP ANOTHER OF SENATOR MARTIN'S BILLS HERE AND THAT IS TAB SEVEN . WE ARE GOING TO JUMP TO SENATE BILL 892. HABITUAL FELONY OFFENDERS. HABITUAL VIOLENT FELONY OFFENDERS, THREE-TIME VIOLENT FELONY OFFENDERS, AND VIOLENT CAREER CRIMINALS. THAT'S A LONG TITLE BY SENATOR MARTIN. SENATOR MARTIN YOU ARE RECOGNIZED TO EXPLAIN THE BILL. >> THANK YOU HOPEFULLY THE PRESENTATION IS SHORTER THAN THE TITLE. THIS DEALS WITH ENHANCED SENTENCING LAW SPECIFICALLY DEALS WITH THE EVIDENCE REQUIRED IN ORDER TO GET THE ENHANCED SENTENCES WAS BROUGHT TO ME BY THE FLORIDA PROSECUTING ATTORNEYS ASSOCIATION AND WILL PROVIDE A TREMENDOUS AMOUNT OF NOT COST SAVINGS BUT THE TIME NECESSARY TO PUT THESE PACKETS TOGETHER FOR SENTENCING PURPOSES AND GETTING THE SENTENCING PACKETS ADMISSIBLE OR ADMITTED IN COURT FOR SENTENCING PURPOSES. WHAT DOES IT UPDATES AND REMOVES -IT CLARIFIES QUALIFICATION CRITERIA FOR ENHANCED SENTENCING DESIGNATIONS. IT REQUIRES WRITTEN NOTICE TO DEFENDANTS BEFORE TRIAL OR A PLEA IF ENHANCED SENTENCING IS GOING TO BE CONSIDERED AFTER A CONVICTION. IT ELIMINATES THE PREVIOUS RULE OF CONVICTIONS PARDONED OR SET ASIDE CANNOT COUNT TOWARDS ENHANCED SENTENCING WHILE STILL EXCLUDING SUCH CONVICTIONS FOR ENHANCEMENT PURPOSES. IT REVISES PROCEDURAL RULES. THE COURTS MUST FILE IN HEARINGS TO DETERMINE ENHANCED SENTENCING CLASSIFICATIONS AND THIS APPLIES TO OFFENDERS WITH PRIOR MOLLIFYING FELONY CONVICTIONS AND AFFECTS HOW REPEAT VIOLENT OFFENDERS ARE SENTENCED. THUS THE BILL. >> Chair: HAVING EXPLAIN THE BILL WHICH WAS NOT SHORTER IN THE INTRODUCTION. [CHUCKLE] SENATORS ARE THERE QUESTIONS OF THE SPONSOR? QUESTIONS OF THE SPONSOR ON THE BILL? I ACTUALLY HAVE A QUESTION SENATOR MARTIN AND I'M TRYING TO UNDERSTAND HOW THIS WILL WORK IN PRACTICE. SO, IT SAYS WELL, ACTUALLY UNDER THE CURRENT LAW I UNDERSTAND THE NOTICE OF INTENT TO SEEK A CAREER CRIMINAL STATUS HAS TO BE SERVED ON THE DEFENDANT AND THE DEFENSE ATTORNEY. YOUR BILL IT SOUNDS LIKE THAT IS CHANGING . ARE YOU GIVING THEM SUFFICIENT TIME PRIOR TO THE ENTRY OF A PLEA OR PRIOR TO THE IMPOSITION OF A SENTENCE IN ORDER TO ALLOW FOR PREPARATION OF SUBMISSION ON BEHALF OF THE DEFENDANT? ARE THEY HAVING THE PROPER AMOUNT OF TIME TO RESPOND UNDER YOUR BILL? >> THANK YOU. ON PAGE 7 OF THE BILL TAX IT STATES THAT A NOTICE MUST BE SERVED ON THE DEFENDANT IN THE DEFENSE ATTORNEY BEFORE THE COMMENCEMENT OF TRIAL OR ENTRY OF THE PLEA OF GUILTY OR NO CONTEST. BEFORE THEY DECIDE YES, IT DOESN'T HAVE A TIME FRAME SO IT ISN'T IT 30 DAY WINDOW OR A 20 DAY WINDOW IT JUST AS BEFORE. AS LONG AS AN INDIVIDUAL DOESN'T HAVE TO ENTER A PLEA AND OF COURSE BEFORE THEY GO TO TRIAL IF THEY ARE TOLD HEY, YOU MIGHT GO TO TRIAL AND YOU MIGHT LOSE AN OUT-OF-STATE IS GOING TO SEE CAREER OFFENDER DESIGNATION ON YOU THEY WILL HAVE OF COURSE THE OPPORTUNITY TO ENTER INTO A PLEA AGREEMENT AT THAT POINT OR PLEA TO THE BENCH. IT IS GOING TO BE BEFORE THE DEFENDANT BASICALLY LOCKS IN TO A CONVICTION WHETHER IT IS AT TRIAL, GOING TO TRIAL OR UNHORSED PLEA BARGAIN. >> Chair: THANK YOU CHAIR. ADDITIONAL QUESTIONS SENATORS? SENATOR GARCIA YOU ARE RECOGNIZED FOR A QUESTION ON THE BILL. >> THANK YOU. ON THAT LAST PART WHERE YOU SAID AS THEY ARE DECIDING CAREER OFFENDER DESIGNATION DOES THAT INCLUDE DEATH PENALTY? >> Chair: CHAIR MARTIN YOU ARE RECOGNIZED. >> THANK YOU THIS IS NOT DEATH MULTI-SPECIFIC. AS FAR AS THERE IS A SIMILARITY WITH PROVIDING NOTICE AHEAD OF TIME. IF IN A DEATH PENALTY TYPE CASE THE STATE ATTORNEY'S OFFICE IS GOING TO BE SEEKING A DEATH PENALTY AND THERE'S A NOTICE THAT HAS TO BE PROVIDED. THAT'S ACTUALLY A STRICT TIMEFRAME FOR THAT AND IT HAS TO BE WELL BEFORE TRIAL. I AM UNAWARE OF ANYONE TAKING A PLEA OF