WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Tuesday, March 04, 2008


THE CAPTAIN REPORTS:

Can you say SALVIA DIVINORUM & SALVINORIN A ... ???

- SPRING SESSION 2008 -
THE FLORIDA LEGISLATURE - BACK IN SESSION

And with it comes the hundreds of bills that the 120 House members and 40 Senators have introduced to be heard during the annual 60 day Spring Session. As usual, bills that address the criminal statutes dominate the agenda. After all, what better way to get reelected every two years than to tell your constituents that you are "tough on crime". And, with the recent report out that showed that 1 out of every 100 adults are incarcerated in our country, and that the USA leads the world in incarceration and that Florida leads the country in adding to the prison population, it will be interesting to see what bills do make it out of committee and onto the floors of each chamber.

Here are just a few of the bills proposed:

Senate Bill S340: SALVIA DIVINORUM & SALVINORIN A

The bill introduces a new Schedule I drug to Chapter 893. (More defendants and lots of new cases to go around for everyone.) Session :Bills : flsenate.gov

(See also S7020, S1574)

Senate Bill S188: CRIMES AGAINST THE ELDERLY

Theft or exploitation of someone 65 or older in the amount of $10,000 or more of funds, assets or property (excluding motor vehicles) equals 3 year MM in prison. Session :Bills : flsenate.gov

(See also H339)

Senate Bill S456: IGNITION INTERLOCK

One of many new Ignition Interlock bills proposed. This one requests 6 months on a .15 for a first, one year on a second; and one year on a .20 for a first and two years of ignition interlock on a second. Session :Bills : flsenate.gov

(See also H369)

Senate Bill S654: RESISTING ARREST

A person would no longer be justified in resisting a LEO engaged in an unlawful arrest. Session :Bills : flsenate.gov

(See also H61)

Senate Bill S782: FIREARMS

New Min Mans galore. For possession of a semi-automatic weapon; from 15-20 years and from 20-25 years and from 25-Life for possession, discharge and hitting your target, respectfully. Session :Bills : flsenate.gov

(See also H425)

Senate Bill S804: DUI BLOOD TESTING

Adds new language for drawing blood in DUI/Serious Bodily Injury and Death cases. Session :Bills : flsenate.gov

(See also H317)

Senate Bill S816: TRAFFIC INFRACTION INDICATORS

This is George Orwell and 1984. Traffic ticket clinics will get lots of new business as the cities start writing tickets for running that red light when the camera and the sensor determines that the vehicle ran the red light. The owner gets the ticket - whether they were operating the vehicle or not.
Session :Bills : flsenate.gov

(See also H351)

Senate Bill S1030: NVDL, DWLS

More min mans for the jails, because they just need to fill those beds. 30 days MM for driving on a refusal or DUI suspension; 60 days MM for driving on an HTO suspension and 90 days MM for driving on a permanent suspension. Also discusses impoundment of the vehicle. Session :Bills : flsenate.gov

(See also H109)

Senate Bill S1424: IGNITION INTERLOCK

Another one; this adds 10 years of interlock for a 4th DUI. Session :Bills : flsenate.gov

(See also H945)

Senate Bill S1574: IGNITION INTERLOCK

This drops the reading from .05 to .025 to turn on that car when the interlock is engaged. Session :Bills : flsenate.gov

(See also H579)

Senate S2688: DUI/BUI

No more one year probation on a first; now it's unlimited probation; 30 days MM on a third eliminating the requirement that the 3rd must be within ten years of the first; and 2 years FSP MM on a 4th. Session :Bills : flsenate.gov

House Bill H115: FLEEING/IMPOUNDMENT

Authorizes officer who is in pursuit of vehicle and decides to end pursuit based on safety concerns, can order the impoundment of the motor vehicle. In order to get the vehicle back, the owner must pay costs of towing and storage and also pay a civil penalty of $2,000. (The bill is written without a stolen vehicle exception; so if it were to pass in its present form, even if your vehicle were stolen, you would still have to pay the $2,000). Session :Bills : flsenate.gov

Three other bills worth mentioning:

Senate Bill S2254: SEALING & EXPUNGING

Introduced by Senator Siplin, (for those of you that don't know who he is, he was arrested, convicted and then had the conviction overturned by the DCA recently - he refused to resign and kept his Senate seat throughout the ordeal); he is pushing a bill to expand the ability to seal from one arrest to three separate arrests. Session :Bills : flsenate.gov

Senate Bill S2464: MICROCHIPS

This is the type of legislation that got the Adam Walsh Foundation and the Center For Missing and Exploited Children going. You can track your car and any other tangible property with tracking devices - but if your most precious possession, your child, is kidnapped out of your home in the middle of the night or taken from a mall when you got distracted for a moment, you must rely on the Amber Alert Network. This bill would prohibit implanting of a microchip or similar monitoring device into a person without full disclosure and written consent. Now how is my three year old going to give me written consent? (I am assuming that this issue will be addressed during the committee hearings so I can protect my most precious asset). Session :Bills : flsenate.gov

Senate Bill S744: SEX WITH ANIMALS

It will become unlawful and a First Degree Felony punishable by up to 30 years in prison to: knowingly engage in sexual conduct with an animal; to permit sexual conduct with an animal to take place on your premises; or to film someone engaged in sexual conduct with an animal. (Contrary to an earlier report, the definition of an animal does not include a description of my first date in college). Session :Bills : flsenate.gov

(See also H119 and H1227).

Contact your State Senator and/or State Representative in Tallahassee and let them know how you feel about any of the proposed legislation that has been introduced for the Spring Session 2008.

CAPTAIN OUT ...............

17 comments:

Anonymous said...

JT is going to be really upset at this bill.

Senate Bill S744: SEX WITH ANIMALS

It will become unlawful and a First Degree Felony punishable by up to 30 years in prison to: knowingly engage in sexual conduct with an animal; to permit sexual conduct with an animal to take place on your premises; or to film someone engaged in sexual conduct with an animal. (Contrary to an earlier report, the definition of an animal does not include a description of my first date in college). Session :Bills : flsenate.gov

Anonymous said...

he campaign season is officially upon us. The "Building" made famour by Barbara Areces, facing I95 is wrapped in Maria Sampedo Igacias and Jacquline Schwartz pictures and names. Now's the time for more termites to come out of thw woodwork....where's Gina, Josie and Migda?

Anonymous said...

Rump,

We have been discussing Red Light Cameras at the Traffic Court Rules Committee meetings for the past year or so. Our biggest concern (besides the whole 1984 aspect) is that they won't go before Judges & hearing officers but rather be heard before non-lawyer code enforcement types. You know hearings where the rules of evidence don't apply and discovery is as foreign as the concept of speedy trial.

Be afaid, be very afraid.

Tom Cobitz

Anonymous said...

Breaking News: Cocaine Princess calls advocate Jack Thompson a "punk ass little bitch."

Anonymous said...

Breaking News: Cocaine Princess calls advocate Jack Thompson a "punk ass little bitch."

Anonymous said...

You forgot the house bill to repeal Regional Counsel.

Anonymous said...

Actually Captain, I have to give credit where it's due. Some good info. Thanks, Della Street

PS: What's the statute of limitations on the Beastiality Bill. Are you "home free" yet?

Anonymous said...

CAP----you missed the most important part of Sb 1424----it gives 4th and subsequent offenders the ability to get a license!!!! They currently don't have that ability. I'm surprised you missed that.

Anonymous said...

Cap; great job on the bills - I am amazed that those thugs in Tallahassee can try and pass some of that -hit.

CAPTAIN said...

THE CAPTAIN REPORTS:

ELECTION UPDATE .....

Judge Karen Mills Francis has officially submitted her resignation to the Governor effective May 23, 2008. She has signed a contract with Sony to create "The Judge Karen Show."

As a result, the JNC is now accepting applications for her replacement. The deadline is April 2, 2008. Six names will be sent to Gov. Crist for his consideration.

The JNC is busy as they are now accepting applications to replace Judge Sarduy, (he was elevated to the Circuit Court), on the County Court. Deadline for submission is March 10, 2008.

All persons interested in applying must deliver completed applications and 10 copies to:

Marie F.S. Bell, chairperson
3225 Aviation Ave., Suite 501
Miami, FL 33133.

That means we should have two attorneys that will get new jobs in the next few months as County Court Judges.

CAPTAIN OUT .....


(Hey Tom Cobitz - hope you enjoyed the Post today - I hope your committee can do something about Senate Bill 816 that I wrote about).

Anonymous said...

Could somebody post the link to view the story about the courthouse lines? I couldn't find it on the WPLG web site. Thanks.

Anonymous said...

You think we don't live in a police state. In a free society, one has the right to resist an illegal arrest, but we don't live in a free society. We are slaves in a police state.

"Provides that resisting with violence law enforcement officer who is engaged in execution of legal duty is not justified regardless of specified later finding by court; provides that
person is not justified in using force if law enforcement officer acts in good faith & is known or appears to be law enforcement officer; provides for reclassification of certain offenses against certain officers who are engaged in performance of duties, etc."

Anonymous said...

Great post, Captain. I'm not sure how underfunding the court system + min mans for minor traffic infractions = a safer society. But, no one can say FL isn't doing its part to keep America number one in incarcerations. USA! USA!

Anonymous said...

Toll tickets via camera go to judges and hearing officers, so why wouldnt red lights via cameras?

How can tickets with points go to owner regardless of who drives?

Solution, everyone, start registering your cars to a business name. They can give points or suspend Joe Driver but not JD Company.

Anonymous said...

salvia is some crazy shit.

Anonymous said...

Re the red light big brother violations: Did anybody read the specifics? According to what I read, the ticket does not count as a conviction and is not to be made part of the driving record.
Seems like these are to be treated the same as parking meter violations (but with higher fines.)
But... the HTO statute is to be amended so that 3 violations of the red light camera statute within 3 years would lead to HTO. How would that ever happen if these aren't part of your record??

Anonymous said...

No more sex with animals? That should take care of over-population, but what about the poor plants... sitting there... helpless... unable to escape!