Criminal Justice

>>Chair Martin: TORY PLEASE CALL THE ROLL. >>Sen. Bradley: >>Sen. Garcia: >>Sen. Pizzo: >>Sen. Simon: HERE. >>Sen. Yarborough: >>Vice Chair Smith: HERE. >>Chair Martin: HERE. >> QUORUM IS PRESENT MR. CHAIR. >>Chair Martin: THANK YOU, SILENCE ALL ELECTRONIC DEVICES, ANYONE WISHING TO SPEAK BEFORE THE COMMITTEE SHOULD COMPLETE AN APPEARANCE FORM AND HAND IT TO A MEMBER OF THE SERGEANTS OFFICE, SHOULD YOU WAIVE YOUR TIME YOUR POSITION WILL BE INCLUDED IN THE COMMITTEE RECORDS. WE WILL TAKE UP TAB FOUR, SENATOR GAETZ, SENATE BILL 646, DRUG PARAPHERNALIA, YOU ARE RECOGNIZED TO PRESENT YOUR BILL. >> THANK YOU MR. CHAIRMAN. FLORIDA IS EXPERIENCING AN INCREASE IN ACCIDENTAL OVERDOSE DEATHS CAUSED BY DANGEROUS ADULT TORRENTS SUCH AS FENTANYL, SILENCING, COCAINE ADULT RENTS AND OTHER SUBSTANCES. THE REPORT OF THE FLORIDA EXAMINERS DOCUMENTS APPEARS FREQUENTLY IN DRUG OVERDOSE AUTOPSIES, SENATE BILL 646 CONFORMS TO THE LAWS OF 20 OTHER STATES TO ALLOW USE OF DRUG TESTING TOOLS TEST STRIPS REAGENT KITS THAT CAN DETECT THESE ADULT RENTS AND PREVENT UNNECESSARY DEATHS, THE BILL DOESN'T CHANGE ANY FLORIDA DRUG LAW THAT ENSURES DRUG REHABILITATION CLINICS, COMMUNITY HEALTH ORGANIZATIONS AND LAW ENFORCEMENT MAY USE THESE BASIC TESTING TOOLS TO IDENTIFY DANGEROUS ADULT TORRENTS, THAT IS THE BILL THERE ARE NO AMENDMENTS. >>Chair Martin: QUESTIONS OF THE SPONSOR, APPEARANCE CARDS AND THERE IS A STACK. BRAD BISHOP, SPEAKING IN FAVOR. WE HAVE A GOOD AMOUNT OF CARDS FILLED OUT TODAY AND BILLS IN GENERAL SO IF WE COULD KEEP OUR COMMENTS TO UNDER 2 MINUTES, I WOULD APPRECIATE IT. >> MEMBERS OF THE CRIMINAL JUSTICE COMMITTEE MY NAME IS BRAD BISHOP AND IN JUNE MY BROTHER TRAVIS HAD COMPLETED TREATMENT AT FLORIDA SPRINGS IN PANAMA CITY, A FEW DAYS OUT OF JAIL IN AN APPEAL PRESSED TO LOOK LIKE A XANAX KILLED HIM. IT WAS FENTANYL. HE HAD NO REASON TO BELIEVE HIS LIFE WAS IN DANGER BUT STREET DRUGS ARE ALMOST INTENTIONALLY MIXED WITH FENTANYL, THIS POISON WAS SENT HERE TO WREAK HAVOC. OVERDOSE IS THE LEADING CAUSE OF DEATH FOR ADULTS AGES 18 TO 45 AND FENTANYL IS THE PRIMARY DRIVER BUT FENTANYL IS NO LONGER THE WHOLE STORY. IN 2020 FOR THE MEDICAL EXAMINER'S REPORT REVEALS NEW AND EMERGING SUBSTANCES EACH WITH THEIR OWN GROWING LIST OF DECEDENTS, ONE OF THOSE IS SYNTHETIC CATALANS OVER OFTEN CALLED BATH SALT AND THEY COME IN A POWDER OR LIQUID FORM AND ARE DESIGNED TO MIMIC OTHER DRUGS AND FLORIDA DECEDENTS M PRESENTS INCREASED 330% THROUGH 2023 AND PALM BEACH COUNTY ALONE IS INCREASED 1800%. THESE SUBSTANCES ARE BEING SPRAYED ONTO PLANT AND CEREAL TO RESEMBLE MARIJUANA AND SPICE AND SOLD AS COUNTERFEIT DRUGS. NALOXONE DOES NOT REVERSE A CATH KNOWN OVERDOSE AND TODAY THERE IS NO WAY TO DETECT IT. THE RESULTS OF SILENCING IS AN ANIMAL TRANQUILIZER OBTAINED THROUGH THE BLACK MARKET USED TO MAKE FENTANYL APPEAR LIKE HEROIN BY EXTENDING ITS EFFECTS AND INCREASINGLY IT IS SOLD ON ITS OWN. THIS IS A TWO HEADED MONSTER, IT KILLS AND NALOXONE DOES NOT WORK AND IT CAUSES DEVASTATING INJURIES, IT ROTS OFF THE BONE AND CAUSES LOSS OF LIMBS AND TREATMENT IS EXCRUCIATING AND EXPENSIVE. THE PROJECTED COST OF XYLAZINE CARE IS 1.5 BILLION OVER THE NEXT FIVE YEARS. >> YOU CAN GO AHEAD AND WRAP IT UP. >> SENATE BILL 646 IT CARRIES ON WHAT HAS BEEN TAKING PLACE WITH FENTANYL, THE FENTANYL TEST STRIPS, THE FIRST YEAR THOSE WERE LEGALIZED OVERDOSES DROPPED 10%. WHEN WE TEST OUT IN THE FIELD, WHEN WE ARE OUT HERE MY NONPROFIT 43% OF THE PEOPLE WE TESTED AND SHOWED SOMETHING NOT SUPPOSED TO BE THERE.TREATMENT IMMEDIATELY. AS COMMUNITY PARTIES AND EVENTS WHEN WE TESTED SOMETHING AND SOMETHING SHOWED UP THAT WASN'T SUPPOSED TO BE THERE 70% DID NOT USE. 33 OTHER STATES CRIMINALIZE DISTRICTS, TEST STRIPS PROVIDE EARLY WARNING SIGNS ABOUT LETHAL BATCHES, TRACK SYNTHETICS BEFORE FATAL OVERDOSE AND TIE OVERDOSES TO DISTRIBUTION PATTERNS NOT JUST CERTIFICATES SO A NO-COST BILL WITH HIGH-STAKES. >>Chair Martin: BARNEY BISHOP FROM FLORIDA SMART JUSTICE ALLIANCE WAIVES IN SUPPORT AND AARON WAIT, FLORIDA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS WAIVES IN SUPPORT, ANY DEBATE? GO AHEAD SEN. PIZZO YOU ARE RECOGNIZED. >>Sen. Pizzo: IT'S ABOUT TIME, WE'VE BEEN TRYING THIS FOR SEVERAL YEARS AND HERE WE ARE, GLAD EVERYBODY IS ON BOARD. >>Chair Martin: ANY OTHER DEBATE, SEN. GAETZ YOU ARE RECOGNIZED TO CLOSE. >>Sen. Gaetz: I WE'VE CLOSED. >>Chair Martin: CALL THE ROLL. >>Sen. Bernard: >>Sen. Bradley: >>Sen. Garcia: YES. >>Sen. Pizzo: YES. >>Sen. Simon: YES. >>Sen. Yarborough: YES. >>Vice Chair Smith: YES. >>Chair Martin: YES, BY YOUR VOTE AS B6 46 IS REPORTED FAVORABLY. >>Sen. Gaetz: THANK YOU MR. CHAIR. >>Chair Martin: TAB THREE SP 442 ON RETURN OF SEARCH WARRANTS BY SENATOR YARBOROUGH. SENATOR YARBOROUGH, YOU ARE RECOGNIZED TO ASK LANE THE BILL. >>Sen. Yarborough: THANK YOU MR. CHAIR. SB 442 EXTENDS THE START TORY RETURNED PERIOD FOR DEBT EVIDENCE FROM 45 DAYS TO ONE YEAR, EVERY DAY DEVICES GAIN BETTER ENCRYPTION AND MORE CAPACITY TO HOLD DATA ALONG WITH A RISE IN THE AMOUNT OF DIGITAL EVIDENCE DUE TO RING CAMERAS BETTER RECORDING EXTERNAL DRIVES ETC. AND COST OF LAW ENFORCEMENT DEVICES TO ENDOCRINE AND CORRECT DATA THERE IS A GROWING ISSUE WITH ENSURING EVIDENCE CAN BE USED IN COURT AND UNDERSTANDING THIS PROBLEM WE EXTENDED THE STATUTORY TEN-DAY RETURNED PERIOD WARRANTS TO 45 DAYS FOR WARRANTS SPECIFIC TO DIGITAL EVIDENCE AS A RESULT OF A COURT CASE IN THE SEVENTH DCA THAT OVERTURNED CHILD PORNOGRAPHY. ONE OF THE OTHER OUTCOMES WAS A CLEAR TEN-DAY RETURNED ALL WARRANTS AND THEREFORE 45 DAY EXCEPTION OR DEDICATE DIGITAL EVIDENCE WAS CREATED IN AN ATTEMPT TO KEEP UP WITH TECHNOLOGY. AS GENEROUS AS THAT WAS EVEN THE MOST EQUIPPED FORENSICS LABS HAVE BACKLOGS FOR EVIDENCE WHICH WE RUN THE CLOCK ON THE 45 DATE PERIOD AND WHILE THIS BILL APPLIES TO ALL DIGITAL EVIDENCE SADLY WHERE WE SEE THIS COME INTO PLAY IS CASES OF CHILD ACTUAL ABUSE MATERIAL WHERE HUNDREDS IF NOT THOUSANDS OF IMAGES ARE FOUND OVER MULTIPLE DEVICES IN A SINGLE CASE. RECENTLY FDLE UNCOVERED ADVERTISEMENTS ON 6 TB OF MATERIAL FOR $100. TO PUT THIS IN PERSPECTIVE WHEN UNDERCOVER OFFICERS RESPONDED THEY RECEIVED A MILLION VIDEOS AND PICTURES OF CSA HIM, CHILD SEXUAL ABUSE MATERIAL AND WITH THESE NUMBERS WE NEED MORE EQUIPMENT TO ENSURE JUSTICE IS SERVED AND EVIDENCE DOESN'T GET SUPPRESSED. NOTHING CHANGES THE THRESHOLD FOR PROBABLE CAUSE, ALL THE SAME CHECKS AND BALANCES EXIST THE PROCESS STILL REMAINS. THIS BILL ALLOWS LAW ENFORCEMENT MORE TIME TO EXTRACT DIGITAL EVIDENCE FROM A LAWFULLY SEIZED ELECTRONIC DEVICES AND THAT IS THE BILL. >>Chair Martin: THANK YOU SENATOR, ANY QUESTIONS OF THE SPONSOR. I HAVE APPEARANCE CARDS, STATE ATTORNEY JACK CAMPBELL SPEAKING IN FAVOR. >> GOOD AFTERNOON MR. CHAIRMAN, SENATORS, THANK YOU FOR THIS BILL. I AM STATE ATTORNEY IN TALLAHASSEE AND I'M HERE AT THE REQUEST OF OTHER STATE ATTORNEYS. THIS IS A PROBLEM WE ARE SEEING STATEWIDE, WHAT WAS PREVIOUSLY MENTIONED, AS TECHNOLOGY INCREASES IT IS WONDERFUL IN SO MANY DIFFERENT WAYS, I BET AI WAS SOMETHING YOU'VE SHOWN INTEREST IN THIS SESSION BUT THE CRIMINALS ARE USING IT AND YOU HAVE HUNDREDS OF THOUSANDS OF IMAGES. I HAVE NO DOUBT THIS IS HOW WE ARE SOLVING CRIMES AND WE ARE PLAYING AGAINST APPLE AND THE RELATED TECHNOLOGY COMPANIES WHO CONTINUE TO INCREASE THEIR ENCRYPTION AND AS THEY INCREASE THE ENCRYPTION EVEN WITH THE HELP OF AN ESSAY AND THREE LETTER AGENCIES WE CANNOT BREAK INTO THOSE SYSTEMS SOMETIMES FOR MONTHS READ THE BACKLOG IS ONE PROBLEM BUT CONTINUING TO ACT THROUGH THOSE DEVICES, WE ARE NOT JUST SOLVING THESE CRIMES AGAINST CHILDREN, WE ARE SOLVING HOMICIDES, THIS IS WHERE WE FIND TEXT MESSAGES TRYING TO SOLICIT MURDER AND OTHER CRIMES SO I THINK THIS IS FANTASTIC LEGISLATION AND SPEAKING ON BEHALF OF PROSECUTORS THIS WILL KEEP OUR CHILDREN SAFE AND HELP PUT THE BAD GUYS AWAY SO IF YOU HAVE QUESTIONS ON SEARCH AND SEIZURE I AM HAPPY TO DO IT BUT I APPRECIATE THIS OUTSTANDING LEGISLATION AND WANT TO SPEAK IN FAVOR. >>Chair Martin: RYAN ELLIS SPEAKING IN FAVOR FROM THE CLAY COUNTY SHERIFF'S OFFICE. >> GOOD AFTERNOON, I WANT TO THANK THE SENATOR FOR BRINGING THIS BILL YEAR, THIS IS MUCH NEEDED. I PREPARED A SPEECH BUT THE SENATOR COVERED ALL THE GOOD POINTS SO I WILL KEEP MY COMMENTARY SHORT. I'VE SPENT 20 YEARS IN LAW ENFORCEMENT WITH MY ENTIRE TIME WORKING IN CHILD EXPLOITATION AND HUMAN TRAFFICKING AND FROM THE START OF THE ADVANCEMENTS IN TECHNOLOGY WITH HUMAN EXPLOITATION WE'VE SEEN AGAIN THE ENCRYPTION LEVELS, MASS AMOUNTS OF DATA INCREASE OVER THE YEARS AND WITH ENCRYPTION TAKING A PROCESS SOMETIMES USED TO TAKE DAYS NOW CAN TAKE UP TWO YEARS. RECENT STUDIES SHOW EVEN A SIMPLE EIGHT DIGIT PASSCODE WITH THE SPECIFIC NUMBERS AND CHARACTERS COULD TAKE UP TO 10,000 YEARS DEPENDING ON THE COMPLEXITY TO CRACK A CASE. FORTUNATELY THROUGH DIGITAL FORENSICS SOFTWARE WE ARE ABLE TO TAKE THAT PROCESS AND NARROW IT DOWN BUT EVEN ONCE WE GET INTO A DEVICE FORENSICS EXAMINERS ARE SOMETIMES FACED WITH LOOKING AT MILLIONS UPON MILLIONS OF FILES OF CHILD SEXUAL ABUSE MATERIAL AND SORTING THROUGH THOSE FILES TO TRY TO FIND UNIDENTIFIED VICTIMS BUT VICTIMS OF HUMAN TRAFFICKING AND UNFORTUNATELY IN THE STATE OF FLORIDA HERE IS A HOTSPOT FOR HUMAN TRAFFICKING AND CHILD EXPLOITATION. A 400% INCREASE, NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN IN ONLINE CHILD SEX TRAFFICKING CASES AND FOUND 9 MILLION NEW FILES OF CHILD EXPLOITATION LAST YEAR ALONE AND WITH THOSE NUMBERS ALL THOSE CRIMES HAVE THAT NEXUS OF A DIGITAL DEVICE AND THE FACT THAT LAW ENFORCEMENT HAS TO STOP THAT PROCESS TO WRITE ANOTHER ONE I WILL CALL A PROCEDURAL SEARCH WARRANT SIGNED BY A JUDGE, PROBABLE CAUSE HAS BEEN FOUND AND IT POTENTIALLY HINDERS THAT INVESTIGATION AND COULD HINDER LAW ENFORCEMENT IDENTIFYING VICTIMS. SOME QUESTIONS I HAVE FROM MY COLLEAGUES BACK HOME THAT WERE FOR THIS BILL BUT ALSO WANTED TO LOOK AT IT FROM THE BIG PICTURE IS TO BE CLEAR THIS IS NO GETTING AROUND THE CONSTITUTION, NO DOING ANYTHING DIFFERENT THAN EXTENDING THE PERIOD TO HELP LAW ENFORCEMENT HELP THE CITIZENS OF THE STATE TO PROTECT CHILDREN, PROTECT VULNERABLE PEOPLE AND I APPRECIATE ALL THE SUPPORT AND IF THERE'S ANYTHING I CAN DO OR ANSWER ANYONE IN MY PROFESSION WOULD BE MORE THAN HAPPY TO ASSIST YOU, THANK YOU. >>Chair Martin: MICHELLE STRICKLAND FROM W CSO, WAIVES IN SUPPORT. ANDREA FARMER, W CSO, WHAT SHERIFF'S OFFICE IS THAT? WALTON COUNTY, WAKULLA COUNTY, THANK YOU. IT'S PRETTY CLOSE. ANDREA FARMER WAIVING IN SUPPORT. ANDREA HUDSON WAIVING IN SUPPORT. BARNEY BISHOP FLORIDA SMART JUSTICE ALLIANCE WAIVING IN SUPPORT, SHERIFFS ASSOCIATION WAIVING IN SUPPORT, ANY DEBATE, SENATOR YARBOROUGH YOU ARE RECOGNIZED TO CLOSE. >>Sen. Yarborough: I APPRECIATE THE SPEAKERS WHO CAME UP AND WE ASK FOR THE COMMITTEE'S FAVORABLE SUPPORT ON THE BILL. >>Chair Martin: TORI PLEASE CALL THE ROLL ON SP 442. >>Sen. Bernard: >>Sen. Bradley: >>Sen. Garcia: >>Sen. Pizzo: >>Sen. Simon: >>Sen. Yarborough: >>Vice Chair Smith: >>Chair Martin: YES, BY YOUR VOTE SB 442 IS REPORTED FAVORABLY. WE WILL GO TO TAB 2 WHICH IS SENATOR JONES PRESENTING SP 418 LAW ENFORCEMENT OFFICER INTERACTIONS, YOU ARE RECOGNIZED TO EXPLAIN YOUR BILL. >>Sen. Jones: THANK YOU MR. CHAIR. GOOD AFTERNOON MEMBERS. AUTISM IS OFTEN DESCRIBED AS AN INVISIBLE DEVELOPMENTAL DISABILITY MEANING IT MAY NOT BE IMMEDIATELY APPARENT SOMEONE IS AUTISTIC UNLESS THEY CHOOSE TO SHARE THAT INFORMATION, THIS IS IMPORTANT BECAUSE THEY LIVE FULL INDEPENDENT LIVES, AND WORK DRIVE AND PARTICIPATE IN THEIR COMMUNITY LIKE ANYONE ELSE. AT THE SAME TIME SOME AUTISTIC INDIVIDUALS MAY EXPERIENCE DIFFERENT COMMUNICATION, SENSORY PROCESSING OR HOW THEY RESPOND IN HIGH STRESS SITUATIONS. SB 418 IS DESIGNED TO PROMOTE SAFETY DURING INTERACTIONS WITH LAW ENFORCEMENT AND INDIVIDUALS WITH AUTISM OR ASD. THE BILL INCLUDES A TRAINING COMPONENT REQUIRING OFFICERS TO LEARN HOW TO RECOGNIZE COMMON CHARACTERISTICS AND USE EFFECTIVE COMMUNICATION AND DE-ESCALATION STRATEGIES, THIS HELPS OFFICERS DISTINGUISH THESE RELATED BEHAVIORS FROM NONCOMPLIANCE AND PROVIDES INFORMATION ON SAFE DESIGNATION IN THE BLUE ENVELOPE PROGRAM WHICH IS THE SECOND COMPONENT OF THE BILL. THE PROGRAM CREATES A BLUE ENVELOPE TO SUPPORT COMMUNICATION DURING TRAFFIC STOPS OR OTHER VEHICLE -RELATED ENCOUNTERS AND CONTAINS A COPY OF THE DRIVERS LICENSE AND PROOF OF INSURANCE AND EMERGENCY CONTACT INFORMATION. OUTSIDE INDICATES THE INDIVIDUAL MAY HAVE ASD AND INCLUDES COMMUNICATION TIPS FOR THE OFFICER. INDIVIDUALS MAY VOLUNTARILY REQUEST THIS ENVELOPE THROUGH THE DEPARTMENT OR A TAX COLLECTOR'S OFFICE. I HAVE HEARD CONCERNS AND I APPRECIATE YOUR CONVERSATION AND EVEN APPRECIATE YOU HEARING THIS BILL BUT WE'VE HEARD CONCERNS FROM FAMILIES ABOUT INTERACTIONS WITH INDIVIDUALS WITH ASD. OFFICERS ARE DOING THEIR BEST AND THIS BILL PROVIDES MATERIAL TO SUPPORT THEM IN THOSE MOMENTS, SB 418 WILL STRENGTHEN PREPAREDNESS REDUCE MISUNDERSTANDINGS AND TO GIVE FAMILIES GREATER PIECE OF MIND AS THEIR LOVED ONES LIVE MORE INDEPENDENTLY AND THAT IS THE BILL MR. CHAIR. >>Chair Martin: ANY QUESTIONS OF THE SPONSOR? I HAVE A COUPLE APPEARANCE CARDS, ONE SPEAKER, HECTOR GONZALEZ SPEAKING IN FAVOR. GO AHEAD, YOU ARE RECOGNIZED. >> GOOD EVENING CHAIRMAN, SENATORS. I'VE WORN A BADGE FOR ALMOST MY ENTIRE LIFE. I'VE BEEN ON THE FORCE FOR 27 YEARS AND I'VE RUN THROUGH BUILDINGS WHERE PEOPLE ARE RUNNING OUT, TAKING ARMED SUSPECTS BUT NOTHING SCARES ME MORE THAN BEING A FATHER. I'M NOT ONLY A POLICE OFFICER BUT A FATHER OF AN INDIVIDUAL WITH AUTISM. THEIR BEHAVIOR IS DIFFERENT, THEY ACT DIFFERENT. THINGS GET THEM OVERWHELMED, HELP IS AN OFFICER NOT TRAINED REACT TO THAT BEHAVIOR, THAT SCARES ME. MY SON IS 6'2", 300 POUNDS AND ANY OFFICER WOULD BE INTIMIDATED JUST BY HIS BEING EXCITED. WE AS PARENTS SEE THAT AS HE IS HAVING I DON'T KNOW WHAT TO CALL IT, HE IS STIMMING. THE OFFICE OF ORLANDO HAS TRAINED 42,000 OFFICERS IN THE STATE OF FLORIDA HOW TO RECOGNIZE INDIVIDUALS WITH AUTISM AND HOW TO DE-ESCALATE. THANKFULLY WE HAVE SAVED LIVES AND YOU GUYS SEE IN VOLUSIA COUNTY THAT WAS ON T.V. A GENTLEMAN WENT INTO THE LAKE AND PULLED OUT A YOUNG BOY ALIVE. BECAUSE HE KNEW WHERE TO LOOK BECAUSE WE HAVE GIVEN THE OFFICERS THE TOOLS ON WHAT TO DO AND HOW TO DO IT. I STRONGLY ASK YOU GUYS TO PLEASE SUPPORT THIS BILL BECAUSE IT'S ALL ABOUT SAVING LIVES. THIS BILL IS IMPORTANT, IT IS PERSONAL, IT IS PROFESSIONAL, THIS BILL WILL SAVE LIVES. THANK YOU FOR YOUR TIME. >>Chair Martin: LAURA LEE FROM DISABILITY RIGHTS WAIVING IN SUPPORT, BARNEY BISHOP FLORIDA SMART JUSTICE WAIVING IN SUPPORT. ROXANNE CORRECT, WAIVING IN SUPPORT. REBECCA BOWMAN WAIVING IN SUPPORT, ANY DEBATE? SENATOR JONES YOU ARE RECOGNIZED TO CLOSE. >>Sen. Jones: I WANT TO THANK YOU FOR HEARING THIS BILL. I WANT TO GO INTO THIS AND READ AN EMAIL I GOT FROM A MOTHER THAT SAID MY SON AND I WERE OUT IN OUR COMMUNITY AND HE HIT ME. WE LIVE IN A CONDOMINIUM, HE IS 6 FOOT THREE 288 POUNDS. I TRIED TO MEET NEW PEOPLE I CAN EXPLAIN ABOUT MY SON. I HAD NOT MET THE PERSON WHO CALLED FOR A DOMESTIC SITUATION. MY SON WAS OUTSIDE WHEN THE POLICE OFFICER CAME IN, I HAD NO IDEA THEY WERE CALLED AND I PANICKED AND WAS SCREAMING AT THE OFFICER BECAUSE HE WAS TELLING MY INTELLECTUALLY DELAYED SON TO GET DOWN ON THE GROUND. MY SON WAS CONFUSED, HE DID NOT UNDERSTAND WHAT WAS GOING ON. THE SECOND OFFICER CAME IN AND I PANICKED, THE GOT ON THE CAR AND SAID LET MY MAN DANCE, I BROKE OUT IN TEARS. OFFER OFFICER WAS TRAINING AND MY SON AND I ATTENDED THAT TRAINING. I SAW WHY, I WAS RELIEVED. THE OFFICER KNEW HOW TO HANDLE MY SON. HE MADE A HORRIBLE SITUATION BETTER. BECAUSE OF THE TRAINING HE KNEW HOW TO HANDLE AN AUTISTIC INDIVIDUAL AND FOR THAT I WILL BE GRATEFUL AND WITH THAT I CLOSE. >>Chair Martin: CALLED THE ROLE ON SP 418. >>Sen. Bernard: >>Sen. Bradley: YES. >>Sen. Garcia: YES. >>Sen. Pizzo: >>Sen. Simon: >>Sen. Yarborough: YES. >>Vice Chair Smith: YES. >>Chair Martin: YES, BY YOUR VOTE SB 418 IS REPORTED FAVORABLY. TAB ONE SENATOR POLSKY RESTORATION OF VOTING RIGHTS, YOU ARE RECOGNIZED TO EXPLAIN OR BILL. >>Sen. Polsky: GOOD AFTERNOON, THANK YOU CHAIR FOR HEARING THIS BILL. THIS REQUIRES THE FLORIDA COMMISSION ON OFFENDER REVIEW TO DEVELOP AND MAINTAIN A DATABASE THAT CONTAINS SPECIFIED INFORMATION TO ASSIST A PERSON IN DETERMINING WHETHER HE OR SHE HAS MET REQUIREMENTS TO HAVE HIS OR HER VOTING RIGHTS RESTORED. FLORIDA RESIDENT TRYING TO DETERMINE ELIGIBILITY MUST CONTACT MULTIPLE OFFICERS TO DETERMINE STATUS OF COMPLETION OF COURT ORDERED SENTENCES, SOME MAY BE ACCESSIBLE BY OTHER INTERNET BUT IT OFTEN MEANS CALLING A COUNTY OFFICE OR GOING IN PERSON TO THESE OFFICES SEVERAL TIMES. THIS IS INEFFICIENT AND CONFUSING LEADING TO WASTED GOVERNMENT EMPLOYEE TIME. THE BILL REQUIRES THE DATABASE TO BE AVAILABLE ON AN WEBSITE BY 2029 AND UPDATE THE DATABASE MONTHLY THEREAFTER, FURTHER THE BILL REQUIRES THE COMMISSION ON OFFENDER REVIEW TO PUBLISH CLEAR INSTRUCTIONS THAT A PERSON DISQUALIFIED FROM VOTING THEY BASED ON A FELONY CONVICTION OTHER THAN SEXUAL OFFENSE MAY BE ABLE TO FOLLOW TO HAVE HIS OR HER VOTING RIGHTS RESTORED AND REGISTERED TO VOTE. THIS DATABASE WAS ONE OF THE MAIN RECOMMENDATIONS BY THE RESTORATION RIGHTS GROUP CHAIRED BY LAURA LEE WHICH INCLUDED FOUR OTHER DESANTIS APPOINTEES WITH FDLE COMMISSION ON OFFENDER REVIEW. THE LEGISLATURE CAN REDUCE ERRORS AND CONFUSION AND INCREASE THE LIKELIHOOD THE STATE OF FLORIDA ACHIEVES SATISFIED JUDGMENTS FOR CRIMINAL BEHAVIOR WHEN ALL ASPECTS OF THE SENTENCE INCLUDING INCARCERATION PROBATION FINES AND RESTITUTION HAVE BEEN COMPLETED, THAT IS THE BILL AND I APPRECIATE YOUR SUPPORT. >>Chair Martin: ANY QUESTIONS OF THE SPONSOR, SEN. PIZZO. >>Sen. Pizzo: IT IS MORE FOR STAFF BUT I WAS AT THE 2019 COMMISSION THE FIRST MEETING WE SUGGESTED FDLE BE ABLE TO SHARE CRIMINAL BACKGROUND INFORMATION BECAUSE THE PROBLEM WAS TWO AGENCIES COULDN'T SPEAK TOGETHER ABOUT PEOPLE'S BACKGROUNDS, IS THAT SOMETHING CONTEMPLATED FOR THEM TO CONSIDER IN THIS BILL? >>Sen. Polsky: I DON'T KNOW THE ANSWER AND WILL DEFER TO YOU ALL. >> I AM NOT SURE THAT IS CONTEMPLATED IN THE BILL BUT WE CAN LOOK AT THAT. >>Sen. Pizzo: INSTEAD OF HAVING A DEBATE TOPIC THE BIGGEST HOLDBACK WAS FDLE HAS NCIC ON ME AND INSTEAD OF MAKING 60 PHONE CALLS TO DIFFERENT CLERKS, CIRCUITS, THEY HAVE ONE DOCUMENT WHICH IS THE ROADMAP FOR WHERE I NEED TO GO TO MAKE SURE EVERYTHING IS SATISFIED ABOUT ME EVERYWHERE IN AMERICA AND ONE AGENCY WASN'T ALLOWED TO THE OTHER ONE, THAT WAS A BIG ISSUE SIX YEARS AGO AND THAT SOMETHING WE WANT TO CONSIDER FOR THIS BILL COLLECTS A COURT HAS THE ABILITY TO ACCESS THAT INFORMATION NOW BUT I DON'T KNOW THE SPECIFICS. >>Chair Martin: ANY OTHER QUESTIONS, I HAVE SOME APPEARANCE CARDS, JULIE KENT SPEAKING IN FAVOR. LOOKS LIKE EVERYBODY ELSE IS GOING TO WAIVE. >> I PROBABLY SHOULD HAVE BUT THANK YOU FOR HEARING ME. I HAD AN EXPERIENCE WITH A COWORKER SIX OR SEVEN YEARS AGO WHERE I WAS WEARING MY I VOTED STICKER AND ASKED THEM IF THEY WERE GOING TO VOTE SAID NO, I MADE MISTAKES WHEN I WAS YOUNG. I SAID CAN YOU GET YOUR VOTING RIGHTS REINSTATED AND HE SAID I'VE TRIED THREE TIMES AND I'VE NEVER BEEN ABLE TO WORK MY WAY THROUGH THE PROCESS SO I REALLY ENCOURAGE YOU TO VOTE IN FAVOR OF MAKING THIS PROCESS EASIER FOR PEOPLE TRYING TO DO THE RIGHT THING. >>Chair Martin: THANK YOU. LAURA LEE, DISABILITY RIGHTS FLORIDA WAIVING IN SUPPORT. GUS, WAVING IN SUPPORT. BRAD ASHWELL, ALL VOTING IS LOCAL ACTION WAIVING IN SUPPORT. JOHN KENT WAIVING IN SUPPORT. CAITLIN KURT, IT IS LIKE CONSUL AND KURT WAIVING IN SUPPORT, REBECCA BOWMAN WAIVING IN SUPPORT. ROXANNE WAIVING IN SUPPORT. BARBARA DEVANE FLORIDA NOW WAIVING IN SUPPORT. ERIN WEIGHT FLORIDA ASSOCIATION OF DEFENSE LAWYERS WAIVING IN SUPPORT. ANY DEBATE? SENATOR YOU ARE RECOGNIZED TO CLOSE ON THE BILL. >>Sen. Polsky: THANK YOU, I APPRECIATE YOU HEARING THIS, IT'S BEEN A COUPLE YEARS IN THE MAKING AND I WANT TO THANK SENATOR THOMPSON WHO CHAMPIONED THIS FOR SEVERAL YEARS AND I AM EXCITED TO CONTINUE THE MENTAL ALL THE WAY TO THE END. >>Chair Martin: TORI PLEASE CALL THE ROLL ON SP 131. >>Sen. Bernard: >>Sen. Bradley: YES. >>Sen. Garcia: YES. >>Sen. Pizzo: >>Sen. Simon: YES. >>Sen. Yarborough: >>Vice Chair Smith: YES. >>Chair Martin: YES. BY YOUR VOTE SB 132 IS REPORTED FAVORABLY. I SAID 131 EARLIER, IT IS 132. BRACY DAVIS, WE ARE WAITING ON SENATOR BRACY DAVIS. GOING TO TURN THE GAVEL OVER TO THE VICE CHAIR AND MAYBE HE WILL CALL A COUPLE OF MY BILLS. YOU WANT ANY OF THEM? >>Vice Chair Smith: THANK YOU MR. CHAIR. WE WILL START WITH TAB NINE ACTUALLY, SENATE BILL 1734, JUVENILE JUSTICE BY CHAIR MARTIN. SENATOR MARTIN YOU ARE RECOGNIZED TO EXPLAIN SB 1734. >>Sen. Martin: THANK YOU CHAIR, THIS BILL RECOGNIZES JUVENILE PROBATION OFFICERS AND JUVENILE DETENTION OFFICERS AS OFFICERS UNDER FLORIDA LAW AND AMENDS 943.10 SECTION 14 TO FORMALLY INCLUDE GPO'S AND THE STATUTORY DEFINITION OF OFFICER ESTABLISHES THE DEPARTMENT OF JUVENILE JUSTICE AS A JUVENILE JUSTICE EMPLOYING AGENCY UNDER STATE LAW AND CREATES A FRAMEWORK FOR PROBATION OFFICERS DETENTION OFFICERS TO BE SUBJECT TO PROFESSIONAL STANDARDS OF THE CRIMINAL JUSTICE TRAINING COMMISSION AND EXTENDS ACCESS TO OFFICER LEVEL PROTECTIONS INCLUDING METALS ON THE LINE OF DUTY DEATH BENEFITS AND UPDATES TERMINOLOGY IN 984 AND CLARIFIES ALTERNATIVE SANCTIONS APPLIED TO ALL ELIGIBLE YOUTH. THAT IS THE BILL. >>Vice Chair Smith: HAVING EXPLAINED THE BILL OR THEIR QUESTIONS ON THE SPONSOR, SENATOR'S QUESTIONS ON THE SPONSOR, SEEING NONE ARE THERE APPEARANCE FORMS? LOOKS LIKE WE HAVE A FEW STARTING WITH CHRISTIAN MINOR, FLORIDA JUVENILE JUSTICE ASSOCIATION WAIVES IN SUPPORT. BARNEY BISHOP FLORIDA SMART JUSTICE ALLIANCE WAIVES IN SUPPORT. CHRIS FROM THE DEPARTMENT OF JUVENILE JUSTICE WAIVING IN SUPPORT. SENATORS WE ARE NOW IN DEBATE, ANY DEBATE ON THE BILL, SEEING NONE SENATOR MARTIN YOU ARE RECOGNIZED TO CLOSE. >>Sen. Martin: I WILL WAIVE CLOSE. >>Vice Chair Smith: CALL THE ROLL ON 1734. >>Sen. Bernard: >>Sen. Bradley: YES. >>Sen. Garcia: YES. >>Sen. Pizzo: YES. >>Sen. Simon: YES. >>Sen. Yarborough: >>Vice Chair Smith: YES. >>Sen. Martin: YES. >>Vice Chair Smith: BY YOUR VOTE SB 1734 IS REPORTED FAVORABLY AND UNANIMOUSLY. SENATORS I WILL HAND THE GAVEL BACK TO CHAIR MARTIN SEEING LAVONNE BRACY DAVIS HAS ARRIVED. >>Chair Martin: JUST GETTING. >>Vice Chair Smith: I CAN CHAIR THE REST OF THE MEETING, I'M FINE WITH THAT. >>Chair Martin: TAB FIVE, AND YOU DO A GREAT JOB BY THE WAY, SB 748 NOTICE OF RESTORATION OF VOTING RIGHTS INFORMATION ON SENTENCING SCORESHEET BY SENATOR BRACY DAVIS, YOU ARE RECOGNIZED TO EXPLAIN THE BILL. >>Sen. Bracy Davis: GOOD AFTERNOON MEMBERS OF THE COMMITTEE, I AM SO PLEASED TO PRESENT SENATE BILL 748, SENATE BILL 748 ADDRESSES AN IMPORTANT GAP IN OUR SENTENCING PROCESS. EVERY FELONY SENTENCE IN FLORIDA IS CALCULATED USING A CRIMINAL PUNISHMENT CODE SCORESHEET. THE SHEET DETERMINES PRESENT TIME PROBATION AND LENGTH OF SENTENCE BUT TODAY THAT DOCUMENT TELLS THE DEFENDANT NOTHING ABOUT HOW THEIR CONVICTION AFFECTS THEIR RIGHT TO VOTE SO SENATE BILL 748 FIXES THAT. THIS BILL REQUIRES THE SENTENCING SCORESHEET INCLUDE THE CONSTITUTIONAL LANGUAGE EXPLAINING WHEN A PERSON LOSES THEIR RIGHT TO VOTE AND WHAT MUST BE COMPLETED BEFORE THOSE RIGHTS ARE RESTORED. IT DOES NOT CHANGE ELIGIBILITY STANDARDS OR CREATE NEW RIGHTS AND IT DOES NOT ALTER AMENDMENT 4 IN ANY WAY. IT ENSURES DEFENDANTS RECEIVE A COPY OF THE SCORESHEET BEFORE SENTENCING. PROVIDING THIS HELPS FLORIDIANS UNDERSTAND THIS STATUS UNDER THE CONSTITUTION AND HELPS AVOID CONFUSION AND UNINTENTIONAL VIOLATIONS THAT CAN OCCUR WHEN INDIVIDUALS MISUNDERSTAND THEIR ELIGIBILITY. IT IS ABOUT CLARITY, TRANSPARENCY AND MAKING OUR SYSTEM WORK AS INTENDED. THERE IS NO FISCAL IMPACT, IT IS PLACING CONSTITUTIONAL LANGUAGE ON A UNIFORM DOCUMENT THAT IS ALREADY IN EVERY CIRCUIT. MEMBERS THAT IS THE BILL AND THANK YOU MR. CHAIR. >>Chair Martin: THANK YOU, ANY QUESTIONS OF THE SPONSOR. I HAVE A FEW APPEARANCE CARDS, JULIE KENT SPEAKING IN FAVOR, WAIVING IN SUPPORT. ERIN WEIGHT FLORIDA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS WAIVING IN SUPPORT. LAURA LEE, DISABILITY RIGHTS FLORIDA WAIVING IN SUPPORT. GUS CRIVELLO IN SUPPORT, BARNEY BISHOP FLORIDA SMART JUSTICE ALLIANCE WAIVING IN SUPPORT, BARBARA DEVANE FLORIDA NOW WAIVING IN SUPPORT. ROXANNE PERRETT WAIVING IN SUPPORT, JOHN KENT WAIVING IN SUPPORT. CAITLIN CLARK WAIVING IN SUPPORT, REBECCA BOWMAN WAIVING IN SUPPORT. IS THERE ANY DEBATE? VICE CHAIR SMITH YOU ARE RECOGNIZED. >>Vice Chair Smith: THANK YOU SENATOR BRACY DAVIS FOR BRINGING THIS IMPORTANT BILL FORWARD. IN A SIMILAR WAY SENATOR POLSKY'S BILL, SENATE BILL 132 GIVES FOLKS A FRAMEWORK TO UNDERSTAND WHETHER THEY ARE ELIGIBLE TO RESTORE THEIR VOTING RIGHTS, THIS IS GIVING THEM THE INFORMATION THEY NEED. THIS IS EXACTLY THE DIRECTION WE SHOULD BE HEADING IN. TRANSPARENCY, INFORMATION, MAKING SURE FOLKS UNDERSTAND WHAT VOTING RIGHTS OR OTHER RIGHTS ARE IMPLICATED BASED ON SOME OF THESE CONVICTIONS THEY HAVE AND HOW THEY CAN BE RESTORED HOPEFULLY IN THE THEORY LATER ONCE THEY HAVE SERVED THEIR TIME AND THEN COMPLIANT WITH FLORIDA LAW. SO EXCITED TO VOTE YES ON THIS BILL AND THANK YOU FOR YOUR LEADERSHIP IN BRINGING IT FORWARD. >>Chair Martin: SEN. PIZZO YOU ARE RECOGNIZED. >>Sen. Pizzo: VERY GOOD BILL AND SINCE HE HAS THAT BILL WHY NOT EXTENDED TO REQUIRE THE SENTENCING SCORESHEET IS THE DOCUMENT YOU COULD USE IN GOOD FAITH FOR ALL YOUR PRAYERS, I REMEMBER JOKING ABOUT IT BUT SOMETIMES YOU RATTLE OFF SCORESHEET AND YOU'RE NOT USING EVERYTHING BUT SHOULD A DEFENDANT BE ABLE TO USE A SENTENCING SCORESHEET ENTERED AS A THOROUGH INDICATOR OF ALL YOUR PRAYERS SCORED ON THAT SHEET AND THAT'S THE SHEET THEY CAN USE UNIFORMLY TO FIND OUT ABOUT THEIR VOTING RIGHTS OR WHAT THEY HAVE TO SOLVE GOING FORWARD? >>Chair Martin: DO YOU WANT TO RESPOND TO THAT? ACTUALLY SEN. PIZZO TO YOUR POINT THAT SOMETHING I'VE SUPPORTED FOR YEARS AND FOR SOME REASON MY CLERK SPECIFICALLY STARTED REDIRECTING WORKSHEETS FROM THE RECORD BECAUSE THE COURTS HAVE AN INTERPRETATION IS A COURT DOCUMENT NOT SUBJECT TO PUBLIC RECORD AS OPPOSED TO WHAT THEY USED TO DO WHICH IS CROSS OFF YOUR SOCIAL SECURITY INFORMATION AND POST IT. IT IS ONE OF THE MOST EFFECTIVE DOCUMENTS THE STATE OF FLORIDA PRODUCES SHOWING THE RECENT CRIMINAL HISTORY OF AN INDIVIDUAL AND OF COURSE IF YOU HAVE 10 YEARS OF NO CRIMINAL CONDUCT YOUR PRIORS WILL FALL OFF SO I DON'T WANT SOMEONE TO RELY ON THAT IF THEY HAVE AN OLDER FELONY CONVICTION BUT I TALKED TO COMMITTEE STAFF ABOUT AND THE BILL SPONSORS FOR ALL THESE BILLS ABOUT ADDING MORE INFORMATION TO THE SCORESHEET, MAYBE A REMINDER YOU'RE A CONVICTED FELON, YOU CAN'T OWN A FIREARM AND HAVING A ONE-STOP SHOP, A YOU AGREED TO THIS IN COURT, YOU HAD A LAWYER EITHER APPOINTED OR REJECTED A LAWYER, THERE'S A PROSECUTOR REPRESENTING THE STATE SO A MINIMUM OF FOUR INDIVIDUALS, USUALLY A PROBATION OFFICER AND BE INVOLVED SO IT'S AN UNDERUTILIZED TOOL. I WISH THE COURTS DIDN'T HAVE THESE OPINIONS THAT FORCED OUR CLERKS TO TAKE THE EXTRA STEP TO WASTE TIME AND ENERGY TO REMOVE THAT FROM THE CLERK'S WEBSITES THROUGHOUT THE STATE OF FLORIDA BUT IF THERE'S SOMETHING WE CAN DO TO MAKE IT A PUBLIC RECORD, WORK WITH OUR LAW ENFORCEMENT PARTNERS TO POST SCORESHEET ON THE STATE ATTORNEY'S WEBSITES OR HAVE A WEBSITE OUT OF THE PURVIEW OF THE COURTS SO WE CAN ENSURE EVERYBODY OF BASICALLY WHAT YOU'RE TALKING ABOUT BEFORE WHICH IS FDLE HAS THIS INFORMATION, HOW CAN WE AVOID THE CONTRACTS THEY HAVE WITH OTHER STATES AND ULTIMATELY PROVIDE WHAT WE NEED TO PROVIDE TO OUR CONSTITUENTS WHICH IS CLARITY NOT JUST ON THEIR FELONY CONVICTIONS BUT OTHER FELONY CONVICTIONS IF THEY HAVE QUESTIONS THANK YOU ON TAKING THE REINS ON THIS ISSUE, ANY OTHER DEBATE, SENATOR BRACY DAVIS YOU ARE RECOGNIZED TO CLOSE. >>Sen. Bracy Davis: THANK YOU MR. CHAIR. AND TO YOUR POINT AND SEN. PIZZO'S POINT THIS IS THE ONLY UNIFORM DOCUMENT THAT IS IN EVERY CIRCUIT IN THE CRIMINAL SYSTEM SO IT'S A POWERFUL DOCUMENT AND I AGREE THE MORE INFORMATION WE CAN PUT ON THERE THE BETTER BUT TO REMIND YOU THIS PROVIDES CLARITY IN SENTENCING, AVOIDS CONFUSION AND ENSURES EVERY DEFENDANT NO MATTER THE JUDICIAL CIRCUIT RECEIVES THE SAME INFORMATION AND THIS IS A STRAIGHTFORWARD TRANSPARENCY BILL AND I WOULD APPRECIATE YOUR FAVORABLE SUPPORT. >>Chair Martin: TORREY PLEASE CALL THE ROLL ON SB 748. >>Sen. Bernard: >>Sen. Bradley: >>Sen. Garcia: >>Sen. Pizzo: >>Sen. Simon: >>Sen. Yarborough: >>Vice Chair Smith: YES. >>Chair Martin: YES, BY YOUR VOTE SB 748 AS REPORTED FAVORABLY, I WILL TURN THE GAVEL OVER TO VICE CHAIR SMITH. >>Vice Chair Smith: WE WILL JUMP TO TAB EIGHT AND TAKE UP SENATE BILL 1660, RESPONSIBLE FIREARM SAFETY AWARENESS MONTH BY SENATOR MARTIN, YOU ARE RECOGNIZED TO EXPLAIN THE BILL. >>Sen. Martin: THANK YOU, THIS BILL ANNUALLY DESIGNATES THE MONTH OF JUNE AS RESPONSIBLE FIREARM SAFETY MONTH RECOGNIZING THE IMPORTANCE OF FIREARM OWNERSHIP WHILE AFFIRMING PROTECTIONS UNDER THE SECOND AMENDMENT AND PROMOTE PUBLIC AWARENESS OF FIREARM RELATED RISKS THROUGH VOLUNTARY TRAINING PROGRAMS AND SAFETY PRESENTATIONS, THAT IS THE BILL. >>Vice Chair Smith: SENATORS, ARE THERE QUESTIONS OF THE SPONSOR? SEEING NONE, OR THEIR APPEARANCE CARDS? LOOKS LIKE WE HAVE ONE. BARNEY BISHOP FLORIDA SMART JUSTICE ALLIANCE WAIVING IN SUPPORT. WE ARE NOW IN DEBATE ON THE BILL, IS THERE DEBATE? I WILL HAVE DEBATE HERE, SADLY THIS BILL IS NEEDED, RESPONSIBLE FIREARM SAFETY AWARENESS MONTH BECAUSE WE DO CONTINUE TO STRUGGLE WITH GUN VIOLENCE IN THE STATE OF FLORIDA, IT IS MORE NEEDED NOW THAT WE ARE IN A STATE OF PERMITLESS CARRY WHERE FOLKS ARE NOW ABLE TO CARRY LOCKED AND LOADED FIREARMS IN PUBLIC WITHOUT ANY TRAINING. OR ANY REQUIREMENT TO GO THROUGH ANY OF THE REQUIRED FIREARM SAFETY COURSES THAT COME WITH A CONCEALED WEAPONS PERMIT. I WOULD ALSO ENCOURAGE THE CHAIR TO LOOK AT LEGISLATION LIKE SENATE BILL 180 INTRODUCED BY SENATOR POLSKY THAT CREATES MORE SAFETY OF FIREARMS BEING STORED, SAFE STORAGE POLICIES IN THE STATE OF FLORIDA TO PROTECT LIVES BUT I AM PROUD TO VOTE YES ON THIS BILL BECAUSE IT IS NEEDED, FIREARM SAFETY. YOU ARE RECOGNIZED TO CLOSE ON YOUR BILL NOW. >>Sen. Martin: I LOOK FORWARD TO THROUGH THIS AWARENESS HAVING MORE INDIVIDUALS WHO WANT TO KNOW MORE ABOUT FIREARM SAFETY FOR WHATEVER REASON BEING ABLE TO BE REMINDED THERE ARE PLACES THROUGHOUT THE STATE OF FLORIDA WHETHER THEY ARE PRIVATE OR PUBLIC TO GET TRAINING, TO GET EDUCATION. MORE INFORMATION HOW TO HANDLE A FIREARM SAFELY IS GOOD AND I LOOK FORWARD TO NOT JUST SAVING LIVES BUT REMINDING PEOPLE ABOUT THE FREEDOMS WE HAVE HERE IN OUR COUNTRY AND THROUGHOUT THE STATE OF FLORIDA. >>Vice Chair Smith: HAVING CLOSED ON THE BILL, TORREY PLEASE CALL THE ROLL FOR SENATE BILL 1660. >>Sen. Bernard: YES. >>Sen. Bradley: YES. >>Sen. Garcia: YES. >>Sen. Pizzo: >>Sen. Simon: >>Sen. Yarborough: >>Vice Chair Smith: YES. >>Sen. Martin: YES. >>Vice Chair Smith: BUYER VOTE SENATE BILL 1660 IS REPORTED FAVORABLY AND UNANIMOUSLY. WE WILL MOVE TO TAB 10, 1742, LEWD OR LASCIVIOUS EXHIBITION BY SENATOR MARTIN, THERE IS A DELETE ALL AMENDMENT, DO YOU WANT TO TAKE UP THAT DELETE ALL AND EXPLAIN IT? >>Sen. Martin: THANK YOU. THIS BILL IS DEALING WITH SECTION 800.04, THE AMENDMENT SPECIFICALLY REPEALS SECTION 800.02 WHICH IS UNNATURAL AND LASCIVIOUS ACTS AND REPLACES IT WITH A NEW OFFENSE TITLED INDECENT EXPOSURE OF SEXUAL ORGANS TO A MINOR, THIS MAKES IT UNLAWFUL FOR A PERSON TO EXPOSE THEIR ORGANS IN A LEWD OR LASCIVIOUS MANNER OR PERFORM SPECIFIED SEXUAL ACTS INCLUDING SIMULATIONS WHILE KNOWINGLY VIEWING A PERSON YOUNGER THAN 16 FOR PURPOSES OF SEXUAL AROUSAL OR GRATIFICATION AND DEFINES VIEWING AS KNOWING A MINOR IS PRESENT AND BEING REASONABLY CAPABLE OF BEING SEEN BY THAT MINOR WITHOUT REQUIRING THE MINOR TO SEE THE CONDUCT. THIS ESTABLISHES THE OFFENSE AS A THIRD-DEGREE FELONY AND MIXED INCLUDES EXCEPTIONS FOR BREAST-FEEDING MOTHERS AND INDIVIDUALS WHO ARE NUDE IN DESIGNATED PLACES, THAT IS THE AMENDMENT. >>Vice Chair Smith: THANK YOU CHAIR MARTIN, HAVING EXPLAINED 866418, ARE THERE QUESTIONS ON THE DELETE ALL AMENDMENT? QUESTIONS ON THE DELETE ALL AMENDMENT? SEEING NONE ARE THEIR APPEARANCE FORMS ON THE DELETE ALL AMENDMENT, NO APPEARANCE FORMS, IS THERE DEBATE ON THE DELETE ALL AMENDMENT? SEEING NONE SENATOR MARTIN YOU ARE RECOGNIZED TO CLOSE. >>Sen. Martin: I WILL WAVE. >>Vice Chair Smith: SHOW THE AMENDMENT ADOPTED, WE ARE ON THE BILL AS AMENDED. ARE THERE QUESTIONS ON THE BILL AS AMENDED? QUESTIONS ON THE BILL AS AMENDED? SEEING NONE SENATOR MARTIN I HAVE A QUESTION. WAS THERE A SPECIFIC CIRCUMSTANCE THAT MOTIVATED YOUR FILING OF THIS BILL? >>Sen. Martin: THERE WERE CIRCUMSTANCES BROUGHT TO ME FROM STAKEHOLDERS, FROM PROSECUTORS, FROM THE FDA AND FROM LOCAL LAW ENFORCEMENT OUT OF YOUR PART OF THE STATE IN ORLANDO. >>Vice Chair Smith: THANK YOU, ADDITIONAL QUESTIONS? SEEING NONE LOOKS LIKE WE HAVE SOME APPEARANCE FORMS, BARNEY BISHOP FLORIDA SMART JUSTICE ALLIANCE WAIVES IN SUPPORT. LIEUTENANT CHIP DENMARK ORANGE COUNTY SHERIFF'S OFFICE WAIVING IN SUPPORT AND ALSO SHERIFF MINA WAIVING IN SUPPORT, THANK YOU SHERIFF. JOHN LABRIOLA, CHRISTIAN FAMILY COALITION OF FLORIDA ALSO WAIVING IN SUPPORT. OKAY, SENATORS WE ARE NOW ON DEBATE ON THE BILL. IS THERE DEBATE? SEEING NONE SENATOR MARTIN YOU ARE RECOGNIZED TO CLOSE. >>Sen. Martin: I WILL WAIVE CLOSE. >>Vice Chair Smith: TORREY PLEASE CALL THE ROLL ON SENATE BILL 1742. >>Sen. Bernard: >>Sen. Bradley: YES. >>Sen. Garcia: YES. >>Sen. Pizzo: YES. >>Sen. Simon: YES. >>Sen. Yarborough: >>Vice Chair Smith: YES. >>Sen. Martin: YES. >>Vice Chair Smith: BY YOUR VOTE SENATE BILL 1742 IS REPORTED FAVORABLY AND UNANIMOUSLY. WE WILL MOVE TO TAB 11 SENATE BILL 1750, CRIMINAL SEXUAL CONDUCT BY SENATOR MARTIN, YOU ARE RECOGNIZED TO EXPLAIN YOUR BILL. >>Sen. Martin: THANK YOU, A CAREER OFFENDER IS NOT SIMPLY A PERSON WITH A LONG MENTAL HISTORY, A CAREER OFFENDER IS A STATUS GIVEN TO A PERSON BECAUSE THEY HAVE MULTIPLE VIOLENT FELONY CONVICTIONS. THE DEPARTMENT OF LAW ENFORCEMENT IS PROPOSING CHANGES TO THE CAREER OFFENDER ACT TO IMPROVE PUBLIC SAFETY IN THE FLORIDA AND AT THIS BILL CONFORMS WITH THE LANGUAGE AND REQUIREMENTS OF THE SEXUAL PREDATORS ACT AND SEXUAL OFFENDERS ACT REVISING THE DEFINITIONS OF CAREER OFFENDER RESIDENCES AS TRANSIENT RESIDENTS AS A TYPE OF RESIDENCE AND ADDS IN-STATE TRAVEL TO TEMPORARY RESIDENCE AND REDUCES THE LENGTH OF TIME TO ESTABLISH A RESIDENCE FROM 14 DAYS TO THREE DAYS AND EXPANDS THE AMOUNT OF INFORMATION CAREER OFFENDERS ARE REQUIRED TO REGISTER TO INCLUDE TATTOOS AND OTHER IDENTIFYING MARKS, IMMIGRATION STATUS PROFESSIONAL LICENSES, EMPLOYMENT INFORMATION AND PALM PRINTS. THIS IS A MEN'S WEAR CERTAIN TEMPORARY ADDRESS CHANGES MUST BE REPORTED BY SPECIFYING IN-STATE TRAVEL SHOULD BE REPORTED IN PERSON WITH THE SHERIFF'S OFFICE RATHER THAN WITH DHS MV. THOSE ON SUPERVISION MUST REPORT IN-STATE TRAVEL TO THE FLORIDA DEPARTMENT OF CORRECTIONS. THIS REMOVES THE ABILITY TO REGISTER WITH LAW ENFORCEMENT, REGISTRATION WILL OCCUR WITH THE SHERIFF'S OFFICE OR DEPARTMENT OF CORRECTIONS IF YOU ARE BEING SUPERVISED BY THE DEPARTMENT OF CORRECTIONS. THE RING THAT OFFENDERS BOAST MONTH RATHER THAN JUST A ONE TIME REGISTRATION. THIS BILL REQUIRES COUNTY JAILS TO NOTIFY FDLE UPON INTAKE AND RELEASE OF A CAREER OFFENDER AND AMENS LANGUAGE TO MAKE SURE THE DEPARTMENT IS NOTIFIED OF A PETITION FOR RELIEF OF REGISTRATION REQUIREMENT AND PETITIONS ARE FILED IN THE COUNTY THE PERSON WAS DESIGNATED A CAREER OFFENDER RATHER THAN COUNTY OF RESIDENCE. THIS BILL IDENTIFIES ADDITIONAL VIOLATIONS TO INCLUDE FAILURE TO REPORT FOR ANNUAL REGISTRATION, FAILURE TO REPORT CHANGES TO EMPLOYMENT AND VEHICLES WITHIN 48 HOURS AND PROVIDING FALSE REGISTRATION INFORMATION. THIS SPECIFIES EACH INSTANCE IS A SEPARATE OFFENSE. THIS INCREASES PENALTIES FOR NONCOMPLIANCE WHILE ENHANCING THE ABILITY FOR LAW ENFORCEMENT TO MANAGE AND MONITOR THE CAREER OFFENDER POPULATION THAT IS THE BILL. >>Vice Chair Smith: HAVING EXPLAINED THE BILL OR THEIR QUESTIONS ON THE SPONSOR. SEEING NONE ARE THEIR APPEARANCE CARDS? OKAY, IT LOOKS LIKE WE HAVE TO APPEARANCE CARDS, BARNEY BISHOP FLORIDA SMART JUSTICE ALLIANCE WAIVING IN SUPPORT AND ALLENE McNAIR, FLORIDA SHERIFF'S ASSOCIATION WAIVING IN SUPPORT. WE ARE NOW IN DEBATE ON THE BILL, IS THERE DEBATE ON THE BILL? SEEING NONE SENATOR MARTIN YOU ARE RECOGNIZED TO CLOSE. >>Sen. Martin: I WILL WAIVE CLOSE. >>Vice Chair Smith: CALLED ROLE ON SENATE BILL 1750. >>Sen. Bernard: >>Sen. Bradley: >>Sen. Garcia: >>Sen. Pizzo: >>Sen. Simon: >>Sen. Yarborough: >>Vice Chair Smith: YES. >>Sen. Martin: YES. >>Vice Chair Smith: BY YOUR VOTE SENATE BILL 1750 IS REPORTED FAVORABLY AND UNANIMOUSLY. WE WILL NOW GO BACK TO THE BEGINNING, WE WILL MOVE TO KIND OF THE BEGINNING OF SENATOR MARTIN'S SERIES, TAB 6. SENATE BILL 1326 PROSECUTION OF DEFENDANTS BY SENATOR MARTIN. SENATOR MARTIN, YOU ARE RECOGNIZED TO EXPLAIN YOUR BILL. >>Sen. Martin: THANK YOU, THIS BILL INVOLVES 775.027 TO ELIMINATE THE TRADITIONAL INSANITY DEFENSE AND REPLACE IT WITH DEFENSE LACK OF MENTAL DISEASE OR DEFECT. THIS BILL WILL AMEND SECTION 916.12 FLORIDA STATUTE TO REQUIRE COMPETENCY EXPERTS TO USE A CLINICALLY RECOGNIZED ASSESSMENT TOOL TO DETERMINE WHETHER A DEFENDANT IS LINGERING AND REPORT THOSE FINDINGS TO THE COURT, REVISES SECTION 921.02 6D TO REMOVE MENTAL ILLNESS REQUIRING SPECIALIZED TREATMENT AS A LINGERING FACTOR AT SENTENCING LAW KEEPING PHYSICAL DISABILITY AS A VALID BEGINNING FACTOR AND CREATES SECTION 921.25 ALLOWING COURTS TO INCLUDE MENTAL HEALTH TREATMENT AS PART OF A SENTENCE BUT NOT A REASON TO DEPART FROM SENTENCING GUIDELINES AND ALSO IT CLARIFIES THE COURTS MAY STILL CONSIDER A DEFENDANT'S MENTAL DISEASE OR DEFECT WHEN IMPOSING A SENTENCE WITHIN THE STANDARD SENTENCING RANGE, THAT IS THE BILL. >>Vice Chair Smith: HAVING EXPLAINED THE BILL AND FOR CLARITY SENATOR MARTIN YOU HAVE EXPLAINED SENATE BILL 1326. ARE THERE QUESTIONS OF THE SPONSOR? SEN. PIZZO YOU ARE RECOGNIZED FOR THE QUESTION. >>Sen. Pizzo: THANKS. LINES 99 THROUGH 110, I UNDERSTAND TO READ AS WE ARE THERE IS, WHERE YOUR PERMISSIBLE RANGE IS ONE THING AND IN ITS EARLIER PART REALLY A JUDGE HAS NO DOWNWARD PARTS OR ABILITY ON AN INDIVIDUAL CASE BASIS, THIS APPLIES TO ALL CASES SO THERE WERE CERTAIN TYPES OF CASES I WOULD BE MORE AMENABLE, I AM CONCERNED ABOUT A JUDGE TAKING THE ABILITY FOR ANY DOWNWARD DEPARTURE IN THAT FIRST SECTION FROM 99. IS THAT WHAT YOU MEANT? >>Vice Chair Smith: CHAIR MARTIN YOU ARE RECOGNIZED TO RESPOND. >>Sen. Martin: THIS DEALS WITH SOMEBODY, I'M SORRY. IF YOU READ AS A WHOLE. >>Vice Chair Smith: YOU ARE RECOGNIZED FOR AN EXCHANGE. >>Sen. Martin: I WAS INARTICULATE AND NOT ELOQUENT BUT I READ IT AS A TWO-PART SECTION THAT SAYS YOU CAN CONSIDER IT BUT IT DOESN'T SAY MINIMUM MAXIMUM BUT IF THERE'S A REQUIRED AMOUNT OF TIME TO SERVE TO BE SENTENCED THE JUDGE CAN'T DEVIATE FROM THAT EVEN WITH A SPECIAL FINDING, SECOND PART IF IT'S PERMISSIBLE TO DO SO, FINE. BUT I KNOW AND IT'S USED SO RARELY IN THESE INSANITY DEFENSES THAT I KNOW HAVE BEEN IN THE NEWS ON SOCIAL MEDIA, THEY ARE SO INFREQUENTLY USED, THAT'S ONE THING BUT SEPARATE FROM THAT IF IT IS USED I WANT TO GET TO THE HEART OF WHAT YOU'RE TRYING TO DO. I'M ALWAYS OKAY IF THE JUDGE HAS JURISDICTION AND RETAINS JURISDICTION HAS BEEN FOR ME THE MOST IMPORTANT THING. I WILL GIVE YOU A SHOT, SCREW IT UP YOUR SERVING THE WHOLE TIME AND YOU PLEAD GUILTY AND WE WILL KNOCK IT DOWN IF YOU DO EVERYTHING YOU ARE SUPPOSED TO DO BUT WHEN IT COMES TO RESTORATION IF PEOPLE WHO ARE RESTORED WELL ENOUGH TO TAKE A PLEA OR GO TO TRIAL AND FORGOT ABOUT. THAT'S WHY FOR ME AND YOU ON SOME OF THESE IT DEPENDS WHAT KIND OF CRIMES YOU'RE TALKING ABOUT BECAUSE THERE ARE SOME CRIMES YOU CAN BE RESTORED FOR, PEOPLE WHO CAN BE RESTORED FOR TOUCHING A CHILD, I DON'T THINK YOU CAN BE REHABILITATED. YOU'RE TAKING THE ABILITY OF A JUDGE IN THAT FIRST SECTION OF THE JUDGE BEING ABLE TO DOWNWARDLY DEPART. >>Sen. Martin: YES. THE GOAL IS TO MAKE SURE IT REGARDLESS OF WHETHER THE PERSON HAS A MENTAL HEALTH ISSUE IF THEY NEED TREATMENT OR THEY'RE NOT AMENABLE TO TREATMENT THE JUDGE CAN'T USE THE FACT THEY HAVE A MENTAL HEALTH ISSUE TO GO BELOW THE SENTENCING GUIDELINES WE PUT IN PLACE SO GOING BACK TO THE SCORE SHEETS WE TALKED ABOUT A COUPLE BILLS AGO IF SOMEBODY SCORES TWO YEARS IN PRISON BECAUSE OF PRIORS AND EVEN IF THIS IS A LOW-LEVEL OFFENSE THE MINIMUM WOULD BE TWO YEARS IN PRISON, THE MAXIMUM A THIRD-DEGREE FELONY WOULD BE FIVE YEARS SO THIS TAKES THAT JUDGE'S ABILITY TO DOWNWARD DEPARTMENT BUT DOESN'T MEAN THE JUDGE CAN'T ORDER THIS PERSON TO GET THE TREATMENT FOR THE TIME IT TAKES TO COMPLETE THAT DOWNWARD DEPARTURE SO TWO YEARS IN CUSTODY COULD INCLUDE MENTAL HEALTH TREATMENT, SUBSTANCE ABUSE WHATEVER THAT IS, THE JUDGES CAN'T SENTENCE THEM TO 18 MONTHS IF THE SCORESHEET REQUIRES THEY ARE SENT TO PRISON FOR TWO YEARS. >>Sen. Pizzo: WHICH I FEEL BETTER ABOUT SO IF SOMEONE HAS .75, SUPPORTING 21 MONTHS YOU DON'T WANT THE JUDGE CLOSING OUT THE SIX MONTHS, THEY'VE BEEN IN FOR SIX MONTH TIME SERVE YOU PLAN GUILTY TO THE FELONY, YOU WANT THE COURT TO HAVE THAT 21 MONTHS, REALLY FIVE YEARS OF FULL EXPOSURE AND IF THEY'RE DOING WHAT THEY ARE SUPPOSED TO BE DOING YOUR GIVING CREDIT FOR DAYS SPENT OR SERVED OR PERFORMED WITH MENTAL HEALTH TREATMENT, YOU'RE NOT SAYING YOU HAVE TO SERVE NECESSARILY THE PRISON SENTENCE FREE AND CLEAR OF ANY MENTAL HEALTH TREATMENT, MENTAL HEALTH COULD BE IN THE JURISDICTION OF TIME BUT CAN'T BE USED AS A REASON TO WHY YOU WOULD DEPART FROM WHAT THE GUIDELINES ARE. >>Sen. Martin: THERE MIGHT BE A PROGRAM AT THE COUNTY JAIL RESIDENTIAL DRUG TREATMENT WHERE SOMEONE COULD BE DONE WITH THAT PROGRAM TECHNICALLY IN 180 DAYS BUT IF THEY DID A CRIME, THEY FELT LIKE THEY WERE LED TO DO BECAUSE THEY WERE HIGH ON DRUGS, THEY WILL STILL HAVE TO DO WHATEVER THAT MINIMUM SCORESHEET. >>Sen. Pizzo: NO EARLY TERMINATION BECAUSE YOU GOT YOUR STUFF DONE FASTER THAN SOMEBODY DID, YOU WANT THE COURT TO HAVE THE FULL JURISDICTION OF TIME. >>Sen. Martin: YOU COULD STILL EARLY TERMINATE PROBATION BECAUSE THE SCORESHEET WE'RE TALKING ABOUT DEPARTURE, MINIMUM MAXIMUM. >>Sen. Pizzo: YOU KNOW THE ANALOGY, YOU DON'T WANT SOMEBODY TO GET IT ALL DONE AND DEPART FOR A CERTAIN AMOUNT OF TIME. >>Sen. Martin: THAT'S THE WAY IT IS WRITTEN RIGHT NOW IS MY UNDERSTANDING. >>Vice Chair Smith: SENATORS, ADDITIONAL QUESTIONS ON THE BILL. SENATOR MARTIN I HAVE A COUPLE QUESTIONS. SO KIND OF FOLLOWING ALONG OR FOLLOWING UP ON YOUR CONVERSATION WITH SEN. PIZZO, MY UNDERSTANDING OF YOUR BILL IS YOU ARE ELIMINATING THE FRAMEWORK OF NOT GUILTY BY REASON OF INSANITY WHICH OF COURSE IN THOSE CASES JUST TO LEVEL SET WITH EVERYONE, IF SOMEONE ACTUALLY IS FOUND NOT GUILTY BY REASON OF INSANITY, THEY ARE NOT BEING LET OFF SCOTT FREE. THE JUDGE AND THE COURT ARE MOST LIKELY COMMITTING THAT INDIVIDUAL, GETTING THEM REFERRED TO THE MENTAL HEALTH RESOURCES THEY NEED, THEY'RE JUST NOT NECESSARILY GOING TO PRISON. IF YOU'RE GETTING RID OF THE FRAMEWORK OF NOT GUILTY BY REASON OF INSANITY, UNDER YOUR BILL IF A PERSON IS SUCCESSFUL AT RAISING THIS DIFFERENT DEFENSE OF LACKING MENTAL CULPABILITY, AND THEY ARE ACQUITTED BECAUSE THEY'VE BEEN SUCCESSFUL USING THAT DEFENSE, DOES THE JUDGE HAVE AN OPPORTUNITY TO COMMIT THEM AND REQUIRE THEY GET THEM INTO THE HEALTH SERVICES THEY NEED OR ARE THEY NOW THAT WE'VE GOTTEN RID OF THE NOT GUILTY BY REASON OF INSANITY FRAMEWORK, ARE THEY GETTING OFF SCOTT FREE WITHOUT ANY TREATMENT? >>Sen. Martin: I THINK THE BILL AS DIRECTED CREATES A GAP THAT I'M TRYING TO LOOK FORWARD TO WORKING WITH YOU AND OTHER STAKEHOLDERS, ATTORNEY GENERAL'S OFFICE TO MAKE SURE THOSE INDIVIDUALS ARE GETTING THE TREATMENT DURING THAT TIME THAT THEY WOULD BE EITHER SENTENCED TO PRISON OR A COURT COULD SEND THEM TO A MENTAL HEALTH HOSPITAL. THE GOAL OF THE BILL IS TO PREVENT INDIVIDUALS WHO COMMITTED A HEINOUS CRIME FROM BASICALLY WALKING OUT THE CRIMINAL JUSTICE DOORS AND WALKING INTO A MENTAL HEALTH PATCHWORK THAT OFTEN TIMES DOESN'T HAVE THE ABILITY TO SUPERVISE OR PROPERLY ENSURE THE SAFETY OF THE COMMUNITY AND WHAT WE CURRENTLY DO IS SOMEBODY IS FOUND GUILTY, NOT GUILTY BY REASON OF INSANITY, THEY ARE NOT CONVICTED AND BASICALLY WHETHER IT IS DCF, THEY GO TO A HOSPITAL BUT IF THEY ARE ABLE TO TAKE THEIR MEDICATION, THEY WILL THEN QUALIFY FOR OUTPATIENT SUPERVISION. AND THAT PERSON WILL THEN NOT HAVE THE SUPERVISION NECESSARY. THE COMMUNITY WON'T BE PROTECTED AS NECESSARY FROM THAT INDIVIDUAL WHO HAS THOSE MENTAL HEALTH ISSUES THAT LED THEM TO BE CHARGED WITH A CRIMINAL OFFENSE AND FOUND NOT GUILTY BY REASON OF INSANITY NOT BECAUSE THEY WERE NOT GUILTY, THEY JUST LEGALLY WEREN'T GUILTY SO WE ARE TRYING TO, COMPLETE THIS CONTINUUM OF PROTECTION FOR THE COMMUNITY AND THAT IS ONE PIECE I'M STILL WORKING ON WITH STAKEHOLDERS TO ENSURE IF SOMEBODY IS RESTORABLE, IF THIS WAS A ONE TIME TEMPORARY ISSUE AND NOT A LONG TERM ISSUE, THAT THEY WILL BE ABLE TO SERVE THEIR PUNISHMENT BUT ALSO WHEN THEY ARE RELEASED NOT BE A DANGER TO THE COMMUNITY IN THE FUTURE. >>Sen. Martin: THANK YOU AND I UNDERSTAND YOUR POINT THAT YOU ARE WORKING TO ADDRESS THAT IN FUTURE VERSIONS OF THE BILL OR IN AN AMENDMENT BUT COULD YOU CLARIFY FOR THE RECORD IT APPEARS THAT GAP EXISTS IN THE BILL MEANING UNDER YOUR BILL AS CURRENTLY WRITTEN WITHOUT AMENDMENTS OR CHANGES IF SOMEONE IS SUCCESSFUL AT USING THIS ALTERNATE DEFENSE OF LACKING CULPABLE MENTAL STATE THAT IF THEY SUCCEED THEY CAN GET OFF SCOTT FREE AND AVOID TREATMENT OR BEING COMMITTED. >>Sen. Martin: CURRENTLY THE BILL DOESN'T ADDRESS THE TREATMENT COMPONENT, IT JUST PROTECTS THE COMMUNITY SAFETY COMPONENT BUT I UNDERSTAND THERE MAY BE FACTS DOWN THE ROAD WE WANT TO MAKE SURE OUR PROSECUTORS OR LAW ENFORCEMENT IN OUR COMMUNITIES THAT DEAL WITH MENTAL HEALTH OR THE INCARCERATED HAVE THE TOOLS NECESSARY TO MAKE SURE THOSE WHO ARE INTO DANGER TO THE COMMUNITY DON'T NEED ALL THE RESOURCES THAT ARE REQUIRED IN THE PRISON SYSTEM IF THEY ARE NOT GETTING THE TREATMENT. >>Vice Chair Smith: THANK YOU FOR THE RESPONSE AND I WILL SAVE THIS FOR DEBATE LATER BUT THAT'S A BIG GAP FROM THE PROPOSAL AS WE ARE CURRENTLY IN. THE WAY THE BILL IS WRITTEN FOR EXAMPLE ON LINE 95 IT LEAVES INTACT PHYSICAL DISABILITY BUT THEN IT ALSO CREATES THIS OTHER SCENARIO I SUPPOSE FOR FOLKS THAT HAVE MENTAL HEALTH STRUGGLES NOT RELATED TO A PHYSICAL DISABILITY. DO YOU THINK BY SEPARATING PHYSICAL AND MENTAL DISABILITY AS YOU'VE DONE IN THIS WAY IS THAT GOING TO POTENTIALLY CREATE AN ISSUE WITH THE AMERICANS FOR DISABILITIES ACT? >>Sen. Martin: THANK YOU, I DON'T THINK IT WILL. I HAPPY TO TALK ABOUT THAT BUT SPECIFICALLY THIS 94 THROUGH 96 I THINK ADDRESSES WHAT WE'VE SEEN HAPPEN IN OUR COURTS WHICH IS INDIVIDUALS WHO HAVE MENTAL DISORDERS ARE OFTEN TIMES WHETHER THEY'VE BEEN CONVICTED OR BY REASON OF INSANITY THERE PUSHED OUT OF THE SYSTEM THAT IS DESIGNED TO PROTECT OUR COMMUNITIES AND WHAT WE'VE SEEN IS OUR COMMUNITIES ARE PROTECTED AND WHAT I'VE SEEN OFTEN MANY TIMES IS STABBINGS OF INDIVIDUALS WHO WOULD GENERALLY BE WOMEN BY PEOPLE WHO SHOULD HAVE BEEN BEHIND BARS. AND STORY AFTER STORY THAT I FOLLOW UP ON IN MY AREA, I FIND THAT ALMOST 100%, ACTUALLY 100% OF THE PEOPLE I FOUND HAVE COMMITTED THESE RANDOM VIOLENT ATTACKS THAT EITHER KILL OR LEAVE PEOPLE WITH LIFELONG INJURIES HAVE JUST RECENTLY BEEN RELEASED FROM A BAKER ACT. THEY HAD PRIOR VIOLENT CRIMINAL HISTORY AND WHAT WE SEE IS THE COURTS PUSHING PEOPLE OUT BECAUSE THE CRIMINAL JUSTICE SYSTEM HASN'T BEEN ESPECIALLY UNDER THESE RULES EQUIPPED WITH THE LEGAL TOOLS NECESSARY TO KEEP OUR COMMUNITIES SAFE AND THEY ARE PUSHED INTO A WEB OF SOCIAL WORKERS WHO MEAN VERY WELL BUT DON'T HAVE THE TOOLS TO KEEP OUR COMMUNITIES SAFE AND WHETHER THEY MISSED ONE DOSE OF MEDICATION OR THEY WAKE UP ON THE WRONG SIDE OF THE BED WITHOUT BEING PROMPTED OR WITHOUT ANY REASON THEY WILL GO AND KILL COMPLETELY INNOCENT PEOPLE, USUALLY WOMEN CAN'T DEFEND THEMSELVES OR CHILDREN. THIS IS AN ATTEMPT TO DEAL WITH THAT COMMUNITY SAFETY ISSUE AND I LOOK FORWARD TO MAYBE SOMEDAY KEEPING OUR COMMUNITIES SAFE AND RESTORE INDIVIDUALS BUT RIGHT NOW THE WAY THE SYSTEM IS WORKED, INNOCENT PEOPLE ARE BEING HARMED BY PEOPLE WITH MENTAL HEALTH ISSUES WHO HAVE GONE THROUGH OUR CRIMINAL JUSTICE SYSTEM WHO ARE RELEASED TO SOCIAL WORKERS INSTEAD OF PROTECTED, INSTEAD OF BEING EITHER CONFINED OR RESTRAINED IN A MANNER TO KEEP THE REST OF OUR COMMUNITY SAFE. >>Vice Chair Smith: THANK YOU JERRY MARTIN. ONE FINAL FOLLOW-UP, SEN. PIZZO ALLUDED TO THIS EARLIER BUT HOW OFTEN IS THE INSANITY DEFENSE ACTUALLY USED IN FLORIDA AND HOW OFTEN IS IT SUCCESSFULLY USED IN OUR STATE. >>Sen. Martin: I DON'T HAVE THOSE NUMBERS, DON'T KNOW WHERE I COULD GET THEM BUT I WILL REACH OUT TO INDIVIDUALS AND TO SEE IF I COULD FIND THAT INFORMATION. >>Vice Chair Smith: IT'S 1% OF FELONY CASES NATIONALLY BUT I WAS HOPING YOU MIGHT HAVE FLORIDA SPECIFIC INFORMATION, SEN. PIZZO YOU ARE RECOGNIZED. >>Sen. Pizzo: I WANT TO APOLOGIZE BECAUSE I CONFLATED OTHER ADJACENT SECTIONS AND SORRY TO GET NERDY PEOPLE HERE BUT ONE IS WE ARE MORE FAMILIAR WITH INCOMPETENCE AND DEALT WITH INCOMPETENCE WHERE SOMEONE COULD BE RESTORED, THE COURT CAN DISMISS THE CASE ON ITS OWN BUT WITHOUT PREJUDICE SO IT CAN BE REFILED TO CARVE OUT FOR CERTAIN EXCEPTIONS, ARSON, KIDNAPPING, ROBBERY, SEXUAL BATTERY THOSE SHOULD BE DISMISSED WITHOUT PREJUDICE. I AM A FAN OF THAT TO SENATOR SMITH'S .1% IS TRIED OR ATTEMPTED, I THINK IT'S ONE QUARTER. LIKE 12:45 PERCENT OF ALL CASES SUCCESSFULLY IN FLORIDA PLEAD THAT. AND I THINK EMILY, AND I'M SOMETIMES CONFUSED AND INFLATING IT WITH THE DURHAM TEST THAT THERE IS AN UNDERLYING DISEASE. SOMEONE WHO IS SAFE FOR 50 YEARS CAN ALL OF A SUDDEN BE INSANE AT THE TIME AND DIDN'T KNOW WHAT THEY WERE DOING OR APPRECIATE THE CIRCUMSTANCES OR THEY DIDN'T KNOW WHAT THEY WERE DOING AND DIDN'T KNOW IT WOULD RESULT IN A MALICIOUS ACT WHICH IS DIFFERENT AND THEY HAVE A MENTAL DEFECT OR DISEASE WHICH HAS MORE OF A PERMANENT THING. IF THE CONCERN IS TO SENATOR SMITH'S QUESTION I WOULD SAY ONE CHILD IS TOO MANY THAT SOMEONE SLIPPED THROUGH THE CRACKS AND THERE WAS A DEATH BUT TO GET US WHERE WE NEED TO BE PERHAPS WE SHOULD HAVE A MORE RIGOROUS CRITERIA THAT PASSES THE SMELL TEST FOR SOMEONE WHO IS ATTEMPTING TO USE AN INSANITY DEFENSE WHICH IS DEFINED BY A COURT NOT A JURY, PERHAPS WE SHOULD HAVE A MORE SPECIFIC OR ENUMERATE MORE WITH GREATER PARTICULARITY IN THAT TEST SO IT'S A HIGHER THRESHOLD OR MORE SPECIFIC THRESHOLD THAN WHAT WE HAVE WRITTEN RIGHT NOW. DOES THAT MAKE SENSE? IT IS CRAP THE WAY IT IS WRITTEN RIGHT NOW. >> IT'S THE FIRST COMMITTEE STOP. >>Vice Chair Smith: YOU ARE RECOGNIZED FOR AN EXCHANGE SEN. PIZZO AND CHAIR MARTIN. >>Sen. Pizzo: I'M WITH YOU IF YOU SAY IT'S BEEN ONE CHILD ONE PERSON ONE VICTIM IN THE LAST CENTURY BUT WHAT ARE WE TALKING ABOUT HERE BECAUSE THERE ARE A LOT OF, SENATOR BRADLEY HAD A BILL THAT CLEARLY DEALT WITH AN INDIVIDUAL WHO FOR A SHORT PERIOD OF TIME WAS NOT HIMSELF AND NOT MEDICATED, DROVE A PICKUP TRUCK INTO A RETENTION POND, IF THAT'S NOT A CRY FOR HELP I DON'T KNOW WHAT IS, BOOKED ON A LITTERING CHARGE, WENT WITHOUT HIS MEDICATION ON A PRISON TRANSFER FOR TWO OR THREE WEEKS AND THEN TOOK A CHAINSAW TO HIMSELF TO KILL HIMSELF. PICK ANYWHERE ALONG THE TRUCK WE WANTED TO SAY HE WAS INCOMPETENT AT SOME POINT HE BECAME COMPETENT ENOUGH TO GET PEOPLE TO TAKE A PLEA. I DON'T WANT TO CONFLATE THE TWO BUT I WANT TO BE CAREFUL HOW THIS IS MESSAGED, WHAT HAPPENED, WHO WERE THE VICTIMS? WORKING BACKWARDS WHAT SHOULD HAVE BEEN DONE? ARE THERE JUDGES ON THE SAME CIRCUIT WHO HAVE WILDLY DIFFERENT OUTCOMES OF THE SAME PLANE READING. SO HOW DO WE CORRECT THAT, SAYING NO JUDGE REGARDLESS OF HOW THEY FOLLOW THE LAW THE WAY THIS IS WRITTEN CANNOT TAILOR ANY KIND OF FINDING FOR AN INDIVIDUAL THEY WANT TO RETAIN JURISDICTION OVER BUT OBVIOUSLY WANT THEM TO GET HELP. WHAT CASES ARE WE TALKING ABOUT WHERE THE LOOPHOLE OR GRAY AREA OR GAP FILLED THROUGH AND RESULTED IN TRAGEDY, THAT'S WHAT WE'RE TRYING TO REMEDY. >> THERE WAS A CASE THAT WAS FAIRLY POPULAR AND IT WAS FAIRLY RENOWNED OVER OUR LAST BREAK THAT DEALT WITH A CONVICTION IN KENTUCKY AND WE FOUND THE INDIVIDUAL LIVING HERE IN FLORIDA, I KNOW THAT BROUGHT A LOT OF THE STORIES I CAN TELL YOU FROM LAW ENFORCEMENT AGENCIES ALL OVER THE STATE TO THEN BE THE IMPETUS FOR DOING THIS. BUT YET I'M TRYING TO REMEMBER THE NAME OF THE INDIVIDUAL FROM KENTUCKY. >>Sen. Pizzo: DID HE COME TO FLORIDA AND COMMIT THE CRIME? SO IS THERE SOMETHING INFERRED WITH KENTUCKY'S CRITERIA FOR FINDING REASON OF INSANITY OR IT'S TOO LOOSE OR LIBERAL OR DO WE HAVE THE SAME WEIGHT KENTUCKY AS AND THAT'S THE CONCERN IT COULD HAPPEN WITHIN THE FOUR CORNERS OF THE STATE? >>Sen. Martin: I HAVEN'T COMPARED THE COMMONWEALTH WITH FLORIDA BUT THE ISSUE BROUGHT THE OTHER LAW ENFORCEMENT OFFICERS TOGETHER, PROSECUTORS, MYSELF WHO ARE AWARE OF THESE CASES, THEY HAVE BEEN FOR YEARS AND IT'S UNFORTUNATE IT KEEPS HAPPENING. NOW IS THE TIME TO FIX IT. >>Vice Chair Smith: SENATORS, ADDITIONAL QUESTIONS. SEEING NONE ARE THEIR APPEARANCE CARDS, LOOKS LIKE WE HAVE SEVERAL STARTING WITH NELLY KING FROM THE FLORIDA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS SPEAKING AGAINST. >> APOLOGIZED FOR NOT BEING ABLE TO GET WITH THE CHAIR BEFOREHAND. I COME FROM SOUTH FLORIDA, IT IS DIFFICULT TO GET HERE BUT I APOLOGIZE FOR NOT BEING ABLE TO COME IN ADVANCE AND WORK THROUGH THESE COMPLEX ISSUES RAISED BY SOME OF THE MEMBERS. I AM A CRIMINAL DEFENSE ATTORNEY, PAST PRESIDENT OF FLORIDA ASSOCIATION BUT ALSO NATIONAL ASSOCIATION OF DEFENSE LAWYERS AND I WOULD ASK THAT THE COMMITTEE CONSIDER THESE ISSUES FROM A PLACE OF COMMUNITY SAFETY AND MAYBE WE CAN GET WHERE WE NEED TO GO BUT AS WAS INDICATED THERE'S THINGS WE OUGHT TO BE THINKING ABOUT. FIRST FLORIDA HAS A HIGH STANDARD WHICH IS RECOGNIZED IN HALF OF THE STATES, THAT IS THE HIGHER OVER THE DURHAM MODEL WHERE THE AMERICAN LAW INSTITUTE STANDARDS ARE BUT WHAT NEEDS TO BE RECOGNIZED, IT IS SUCH AN UNPOPULAR DEFENSE AND AS DEFENSE LAWYERS WE DON'T RAISE IT BECAUSE JURIES REJECT IT ROUTINELY. IT IS NOT POPULAR, RAISED IN LESS THAN 1% OF CASES NATIONALLY AND FLORIDA MIRRORS THOSE STATISTICS, SUCCESSFUL IN LESS THAN ONE FOURTH% OF THOSE SO 30 CASES AROUND THE COUNTRY THIS IS WHAT'S BEEN REPORTED SO IF WE ATTACK THE FRAMEWORK OF THE DEFENSE THERE ARE CONCERNS THERE SO ACTUALLY IT MAKES COMMUNITIES LESS SAFE AND THIS IS WHY. THERE IS NO MANDATED MENTAL HEALTH TREATMENT. IF THE JUDGE SAYS I WILL GIVE YOU 10 YEARS IN PRISON FOR AGGRAVATED ASSAULT WITH A DEADLY WEAPON THEY GET OUT IN 10 YEARS. WHERE DO YOU THINK THEY WILL GET MENTAL HEALTH TREATMENT? THEY DECOMPENSATE IN JAILS AND PRISONS TO THE POINT THEY BECOME UNRECOGNIZABLE BECAUSE YOU HAVE MEDICAL CHOICE IN JAIL OR PRISON WHICH MEANS YOU CANNOT TAKE YOUR MEDICATIONS. THE ONLY TIME DOC WILL GIVE SOMEBODY MEDICATIONS AS IF THEY BECOME A MANAGEMENT PROBLEM. THEY ARE A DANGER TO THEMSELVES OR OTHERS AT THE END AND THEN THAT HAPPENS SO NOW YOU'VE TAKEN SOMEBODY THAT'S PSYCHOTIC, PUT THEM IN PRISON FOR YEARS WITHOUT MENTAL HEALTH TREATMENT AND NO BACKSTOP UPON RELEASE TO ACTUALLY ADDRESS THE CORE ISSUE. I RECENTLY REPRESENTED A WOMAN WHO WAS A SOCCER MOM MY AGE RUNNING FOR OFFICE. SHE WAS RUNNING TO BECOME A MEMBER THAT WOULD SERVE, A MEMBER OF HER COMMUNITY SERVING HER POPULATION IN SOUTH FLORIDA. SHE HAD A PSYCHOTIC BREAK AND I'M JUMPING TO ONE OF THE OTHER COMPONENTS OF THE BILL BUT FOR MY ABILITY TO ARGUE SHE WOULD HAVE THAT PSYCHOTIC BREAK NEEDED TREATMENT, SHE WAS 63 MONTHS IN PRISON AND THE PEOPLE SHE ATTACKED HER OWN FAMILY MEMBERS WERE NOT IN SUPPORT, SHE HAD NO PRIOR RECORD. WE HAVE TO DO BETTER SYSTEMICALLY TO ADDRESS THE TREATMENT ASPECT. IF YOU PUT SOMEBODY IN PRISON THERE IS A PUNITIVE ASPECT BUT IF THEY DIDN'T KNOW WHAT THEY WERE DOING IN THE FIRST PLACE YOU'RE NOT SOLVING THE PROBLEM AT ALL. I WOULD ALSO INDICATE LET'S JUMP TO THE COMPETENCY ASPECT OF THIS. I HAVE REAL CONCERNS ABOUT THIS AND THIS IS A FORENSIC ISSUE THAT WE COULD PERHAPS BE INFORMED BY FORENSIC PROFESSIONALS WHETHER THE PSYCHOLOGICAL ASSOCIATION AND CERTAINLY IN CONCERT WITH FLORIDA STATE HOSPITAL BECAUSE THERE WERE STATISTICS THAT NEED TO BE CONSIDERED HERE. LINGERING TESTS LACKS SCIENTIFIC RELIABILITY. THE FEDERAL GOVERNMENT AND ON SOCIAL SECURITY DISABILITY REJECT UNTIL THERE FOLKS WE ARE NOT PAYING FOR TESTS BECAUSE YOU KNOW WHAT? WE DON'T RECOGNIZE LIE DETECTOR TESTS. THEY ARE NOT FORENSICALLY LIABLE AND THAT'S IN ESSENCE WHAT YOU'RE ASKING EXPERTS TO DO IS LOOK AT SOMEBODY DURING THEIR EVALUATION, GIVE THEM AN INSTRUMENT WHICH HAS BEEN FOUND ACROSS THE COUNTRY IN A DIFFERENT, VIRGINIA FOR EXAMPLE HAS FOUND PROBLEMS WITH THE FORENSIC RELIABILITY OF MALINGERING INSTRUMENTS BECAUSE THERE IS NO TEST WHEN PASTOR FAILED WHICH CONCLUSIVELY DETERMINES THE SUBJECTS MOTIVATION. SO THE NEUROPSYCHOLOGICAL STUDIES DO NOT SUPPORT MALINGERING TESTS. I WANT TO BRING UP SOMETHING ABOUT COMPETENCY. YOU ARE ALSO ADMINISTERING THE TEST TO PEOPLE INTELLECTUALLY DISABLED AND DEVELOP MENTALLY DISABLED. HEARD FROM AN OFFICER EARLIER TODAY WHOSE SON IS ON THE SPECTRUM AND I REPRESENT A LOT OF PEOPLE ON THE SPECTRUM AS WELL. GUESS WHO WOULD ALWAYS FAIL A MALINGERING TEST? PEOPLE ON THE SPECTRUM BECAUSE THEIR COMMUNICATION NEEDS ARE DIFFERENT PEOPLE MISUNDERSTAND THEM ALL THE TIME. THIS ONE-SIZE-FITS-ALL IS PROBLEMATIC, BUT I WOULD REJECT THE IDEA THAT COMPETENCY TESTS SHOULD COME WITH CORRESPONDING MALINGERING ASPECT JUST WHOLESALE AND TALK TO SOMEBODY IN THE PROFESSION. SOMEBODY WHO UNDERSTANDS THE LITERATURE ON THAT. THE OTHER PART IS WE HAVE A SYSTEM WHERE IF SOMEONE IS DOING A COMPETENCY EVALUATION AND THEY GET THE SENSE I THINK THIS PERSON IS BANNING THE RESPONSES TO THIS EXAM, GUESS WHAT THEY DO. THEY HAD THE ABILITY AS A PROFESSIONAL DISCRETION IN THE INDUSTRY TO PERFORM WHATEVER INSTRUMENT THEY THINK IS APPROPRIATE. I WANT TO ADDRESS COST. I COME FROM PALM BEACH COUNTY FOR COMPETENCY EVALUATION IT IS $500 FOR A COURT ORDERED EXPERT. I GO TO MENTAL HEALTH COURT ALL THE TIME. IT'S A VERY SHORT LIST WITH SOME QUALIFIED INDIVIDUALS AND SOME THAT MAY BE NEED TO BE REMOVED FROM THE LIST. THAT IS ONLY FOR COMPETENCY AND SOMETIMES THOSE EXAMS ARE 50 MINUTES LONG. IF YOU ACTUALLY ASK THEM TO DO TESTING, $1100. IF WE GET A TEST IN THE PERSON SAYS I THINK THAT PERSON IS MALINGERING, I'M ENTITLED TO A SECOND TEST AND SOMETIMES THE JUDGE WILL APPOINT THIRD AND FOURTH PEOPLE. THE COST OF THIS I CAN'T EVEN GUESS AND I DID READ THE FISCAL IMPACT OF THIS BILL, IT DIDN'T SEEM TO INDICATE. I THINK THE LOCAL JUDGES, THE CHIEF JUDGE IS RUNNING THE MENTAL HEALTH COURTS MIGHT BE A GOOD RESOURCE TO ACTUALLY INDICATE IF WE START SLAPPING MALINGERING INSTRUMENTS, WHICH ARE BY THE WAY SUBJECTED ALBERT CHALLENGES AND THEY ARE NOT SCIENTIFICALLY RELIABLE, YOU HAVE CONCERNS THERE. COST AS WELL BECAUSE THEY ARE APPOINTING EXPERTS, DEPOSITIONS INVOLVED, ETC. LET ME SAY ONE MORE THING ABOUT THIS. ONCE THE PERSON DETERMINES SOMEONE IS MALINGERING, WHICH I'M NOT SURE ANYBODY, NONE OF MY CLIENTS COME TO ME AND SAY I WANT TO BE FOUND INCOMPETENT. USUALLY IT IS A LAWYER THIS IS MY CLIENT THINKS THERE IS A SPACESHIP IN THE BACKYARD, I DON'T THINK HE CAN TESTIFY IN FRONT OF A JURY. IT IS USUALLY THE LAWYER WHO SAYS JUDGE, I HAVE CONCERNS. IT'S USUALLY NOT THE OTHER WAY AROUND. ONCE THE MALINGERING IF THERE IS AN YOU HAVE TO DETERMINE THE SOURCE. IS OUT BECAUSE THE PERSON HAS ASD, SUFFERS FROM DEPRESSION OR HAS MEMORY ISSUES? IT IS NOT A SIMPLE INSTRUMENT. LASTLY WOULD LIKE TO ADDRESS THE DOWNWARD DEPARTURE ASPECTS, IN OTHER WORDS THE PROSPECT THAT JUDGES WOULD LOSE DISCRETION TO CRAFT A SAFE TREATMENT FOCUSED. I GO BACK TO THAT SOCCER MOM. IT MAKES IT LESS SAFE AND I WILL TELL YOU WHY. 63 MONTHS IN PRISON THERE WOULD HAVE BEEN NO MANDATE TREATMENT AFTER THAT. THE ONE THING JUDGES CAN DO IS THEY CAN INDICATE FOR SOMEBODY ON PROBATION IF GIVEN A DOWNWARD DEPARTURE I'M GOING TO ORDER YOU ARE