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 03, 2015

THE FLORIDA LEGISLATURE IS NOW IN SESSION


THE CAPTAIN REPORTS:

OYEZ OYEZ OYEZ, THE FLORIDA LEGISLATURE IS NOW IN SESSION .....

Today begins the annual migration to Tallahassee for the 160 elected legislators, (120 in the House and 40 in the Senate) as the two chambers decide how many more laws they can pass in just 60 days.  The Spring Session of the 2015 Legislature begins with the banging of the gavel at 10:00 AM this morning.  The House and Senate go into a joint session for Governor Scott's State of the State at 11:00 AM.  The Spring Session is scheduled to end on Friday, May 1st.

During the next 60 days, your elected leaders will consider dozens of bills that could have a direct affect on the criminal justice system.  Here is just a sampling:

HB 0001 Relating to Texting While Driving

Revises penalties for violations of Florida Ban on Texting While Driving Law; provides enhanced penalties for such violations when committed in school zone or school crossing; removes requirement that specified provisions be enforced as secondary action.

HB 0009 Relating to Use Of Wireless Comm. Device While Operating a Motor Vehicle

Provides that vehicular manslaughter includes causing death of human being or unborn child while operating motor vehicle & using wireless communications device.

SB 0090 Relating to Jury Composition

Requiring a 12-member jury for life felony cases, etc.

HB 0121 Relating to Employment of Felons

Provides corporate income tax credit for employment of person previously convicted of felony;

HB 0131 Relating to Use of Intercepted Wire or Oral Communications as Evidence

Creates exception to prohibition on use of intercepted wire or oral communications as evidence for prosecutions for acts of sexual abuse involving certain minor victims.

SB 0134 Relating to Lifetime Electronic Monitoring of Sex Offenders

Establishing the lifetime electronic monitoring program within the Department of Law Enforcement; requiring the implementation of an electronic monitoring system to monitor sex offenders sentenced to lifetime electronic monitoring;

HB 0139 Relating to Sentencing in Capital Felonies

Requires that advisory sentence of death be made by unanimous recommendation of jury after defendant's conviction or adjudication of guilt;

HB 0195 Relating to Prosecution of Juveniles

Revises age-based criteria & offenses for which discretionary direct file of information against child may be made in adult court; prohibits filing of information on child otherwise eligible if it is child's first offense unless there are compelling reasons;

HB 0235 Relating to Restitution

Requires child's parent or guardian, in addition to child, to make restitution for damage or loss caused by child's offense;

HB 0267 Relating to Confidential Informants

Requires law enforcement agency that uses confidential informants to adopt policies & procedures providing reasonable protective measures & requires agencies to refer certain prospective & current informants to substance abuse prevention or treatment;

SB 0276 Relating to Arrest Booking Photographs

Prohibiting a person who publishes or disseminates an arrest booking photograph through a publicly accessible print or electronic medium from soliciting or accepting payment of a fee or other consideration to remove, correct, or modify such photograph;

HB 0289 Relating to Boating Under the Influence

Provides that conviction for BUI be recorded in person's driving record; provides that convictions for BUI are considered prior convictions for DUI; provides that conviction for BUI be reported to DHSMV; provides that convictions for DUI are considered prior convictions for BUI.

SB 0440 Relating to Contraband Forfeiture

Requiring that seizure or forfeiture of property be incidental to an arrest under the Florida Contraband Forfeiture Act, etc.

SB 0444 Relating to Prosecution Of Juveniles

Revising the age-based criteria and the offenses for which the discretionary direct file of an information against a child may be made in adult court; prohibiting the filing of an information on a child otherwise eligible if it is the child’s first offense unless there are compelling reasons,

SB 1176 Relating to Recreational Marijuana

Renaming the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation; creating provisions relating to recreational marijuana; exempting certain activities involving marijuana from use and possession offenses; authorizing persons age 21 and over to engage in certain activities involving personal use of marijuana in limited amounts;

SB 1192 Relating to Penalties For Driving Under The Influence

Providing that a court may order a transdermal monitor device or treatment program, or both, in lieu of an ignition interlock device

HB 4019 Relating to Use of Force

Deletes provisions specifying that person has no duty to retreat & has right to stand his or her ground & meet force with force in certain circumstances.

If you would like to track any of these bills, you can go here and view the history of the bill.

NORTH OF THE BORDER .....

You may recall that some of Broward County's robed ones have recently been reported to have had a drinking problem.  One of them, Circuit Court Judge Cynthia Imperato, was found guilty of DUI last December following her trial in Palm Beach County.  In that case, she was sentenced to One Year of Probation with twenty days of House Arrest.  This was Imperato's second DUI as she was previously convicted in 1988.

Now, the JQC is recommending a 20 day unpaid suspension, a public reprimand, a $5,000 fine, and alcohol treatment.  Judge Imperato has agreed to the recommended penalties.  Now it is up to the Florida Supreme Court to decide whether to accept the stipulation.

The DBR covers the entire saga here.

CAPTAIN OUT .......
Captain4Justice@gmail.com










 
 
 
 
 
 
 
 

26 comments:

Anonymous said...

The Supreme Court has the final say on Imperato and I bet they toss her. In prior JQC cases, they have said that they can barely stomach one DUI so, let's see how well they stomach two.

Eye On Q said...

The Q is in Tallahassee

The Professor said...

It never ceases to amaze me the damage this state legislature can do in such a short period of time. The truth is there is no way for most of the legislators to know about half the bills upon which they are casting a vote. It is not that they are lazy. No. They are on the go 18 hours of each of the 4 days a week they work. (Most Fridays are for travel home.)

It is not that they are not well intentioned. Each of the legislators are trying to establish a single agenda item for which they can take credit. The real problem is there is no real opposition party. Democrats have literally no power. All they can do is jump up and down an yell a little, but in the end can establish nothing without a Republican co-sponsor.

Two bills stand out to me:

A rollback on "Stand Your Ground" with this legislature? The right thing? Yes. Will it pass? Not likely. Especially the virtual repeal of §776.013 (The Castle Doctrine). Do you think the NRA will lobby against this? Uh yeah, duh.

Really? Lifetime electronic monitoring of sex offenders. Here's a question to ask: who is going to pay for this, and what do you do about the homeless sex offender? Oh, I know, let's put them in prison until they have a home. Oops, when we let them out they will still be homeless. Brilliant idea if you are a friend of Rick Scott running a prison for profit and paid per prisoner, or you are just pandering. But it will look good on your resume that you voted for it.

Anonymous said...

The costs of monitoring are imposed on the monitored. The taxpayer will pay for those who can't pay.

CAPTAIN JUSTICE said...



So, at 11am this morning, you had the choice of watching Rick Scott in his State of the State speech, or Benjamin Netanyahu in a speech before a joint session of Congress.

I watched Netanyahu. He knocked it out of the park.

Cap Out ....

Anonymous said...

And the road to hell is paved with good intentions Professor.

Anonymous said...

Netanyahu is correct but, he NEVER should have disrespected Obama.

earl rogers said...

Not much of a choice; how about "none of the above"

Anonymous said...

Rump, I see you've elevated the "professor" to contributor status. Way to cheapen the blog.

Anonymous said...

Bibi knocked it out? The guy is a joke.

Rumpole said...

5:03- He stepped up. Money talks, bullshit walks. You wanna dance, you gotta pay the band, you wanna bet you gotta pay the man. Um….he asked.

Anonymous said...

Rump. You and your team have the best blog on the net. Crack research today on the bills in play. Looking forward to the professor and his contributions.

The Professor said...

I understand some supporting Netanyahu, he may not be wrong and his speech was good, but there is another issue. His actions in seeking, and then accepting, an invitation from Boehner was a serious breach of protocol and even more important an injection of partisan politics into the Israel-US relationship. Remember this is the same guy, who in 1994 stood before Congress and advocated war against Iraq based upon the false intelligence Mossad provided the US that lead us to believe Saddam had WMD's

He complains that the US is condescending to Israel. Well, would Israel even exist if it were not for the US? No. And in every time of need the US has been there. So we have earned the right to be a little condescending. But Netanyahu has not earned the right to be condescending to our President, Democrats and the American people in general in lecturing them as what they should do to protect our interests.

The whole circus was a blatant attempt to interfere in US foreign policy and embarrass our President. His speech was used to further his own political agenda. Nothing short of war will satisfy him, and that requires American boots on the ground and planes in the air.

Watch Israeli political advertising and see replays of him entering into the House chamber to a standing ovation as though we Americans are endorsing his re-election. This is just wrong. He only speaks for 27% of Israelis.

I want all efforts short of war to take place before you put our sons and daughters in harm's way. Those who listen and respond to the drums of war should feel free to offer up your sons, grandsons, daughters, granddaughters, nieces and nephews to fight. I don't see many of my fellow American Jews, sending them, or they running, to Israel to join the IDF.

Anonymous said...

Your comments on Netanyahu are spot on!Well put Professor.

Anonymous said...

The whole purpose of Bibi's speech was for Israeli Domestic Politics. It was a campaign speech plain and simple, he is running for re-election. He is and has always been a strident Right -wing military action guy. He was wrong on Iraq and maybe wrong here.

Anonymous said...

Wow. Can't believe how off base you are on Israel Professor. Not sure what it has to do with criminal justice, but Bibi is absolutely correct. I have no problem with reaching a deal with Iran, but it must include conditions insuring that Iran will stop sponsoring terrorism all over the middle east, stop threatening other countries (including Israel), acknowledge Israel's right to exist and prosper, and increasing Iran's breakout time. Anything else is blatant appeasement.

Why is no deal better than a deal without the above assurances? Simple. Iran's economy is in shambles. Lifting sanctions will enable Iran to rebuild its economy, internal power, build its reputation and influence, and empower it to engage in far more ambitious activities in the future.

I want peace as much as you do, but 36 years of Iranian history teaches us that the current regime is nothing short of murderous. We deal with them at our peril.

BTDT

CAPTAIN JUSTICE said...


BTDT:

I have to take credit/blame for why the Bibi speech comments are appearing on this thread.

Take a look at my 12:02 PM comment when I noted that Gov Scott's State of the State speech was at exactly the same time as Bibi's speech and asked which one you watched.

As for the Professor vs BTDT, you could both be correct.

First, I agree with you that everything Bibi said was spot on re Iran, their economy (add in the fact that with oil at under $50 a barrel) their economy is even worse than just with our sanctions alone; that they are a state sponsor of terrorism throughout the region; and they still would love to see Israel blown off the face of the earth.

The Professor is also correct. This speech was a political speech; it should have been made more than four weeks before the Israel election - or after the election. The treaty will not be signed in the next two weeks. We should have not bucked protocol by letting Speaker Boner invite a head of state; that is the President's prerogative. And regardless of who sent the invite; it should have not been done within the 30 days before the election.

Cap Out ....

Anonymous said...

Sanctions are effective because Obama has corralled Russia, China and Europe to agree to them. Once we pull out of the negotiations they will cease the sanctions and the only remaining option will be war. The deal is all there is short of war. The deal however will keep the coalition together to enforce it. It isn't perfect but it is real politik. Israel is going to have to figure out a way to solve its Palestian problem in order to reduce tension in the region. These are dangerous times but Obama is probably right. Bibi did little to help his country or ours.

Anonymous said...

At the very least Clubber Lang should have been charged with manslaughter for Micky's death.

Anonymous said...

Cap, let's face it, everything our leaders do (on both sides of the aisle) is political. Frankly, I think both parties are out of control and have violated protocol repeatedly. I wasn't concerned about the invite or Bibi's acceptance (no one in their right mind would turn down an opportunity to speak to Congress about an issue of importance to their very survival). I have no problem with what Bibi did...........in fact, I wish our leaders had his chutzpah. Bibi's made his share of mistakes (who hasn't), but their can be no doubt about his commitment to his country and people.

BTDT

Fake Tannebaum said...

Slow blog. Let's have some wine !!

Anonymous said...

DEAR READERS OF THIS BLOG: DID YOU EVER WONDER WHY THE LEGISLATURE AND JUDICIARY NEVER GET TOGETHER AND PROPOSE REAL ALTERNATIVES AND LAWS TO REDUCE VIOLENT CRIME? ARE THERE TOO MANY PEOPLE WITH VESTED INTERESTS WHO DO NOT WANT TO SEE REDUCTIONS? MIAMI , YEAR IN YEAR OUT, HAS 40000 FELONY CASES A YEAR. HAS KFR, THE PD, JUDICIARY EVER GOT TOGETHER TO COME UP WITH SOME PROPOSALS? I HAVE NEVER SEEN ANY REAL EFFORT IN MIAMI TO GET KIDS OFF THE STREETS, PUNISH PARENTS FOR WHAT THEIR MINOR CHILDREN DO, BUILD RECREATION CENTERS, AFTER SCHOOL PROGRAMS ETC. IF I WERE A JUDGE MAKING 150K I GUESS I WOULD ALSO WANT THE STATUS QUO SO I DIDN'T HAVE TO GO TO THE CIVIL COURTHOUSE. MY OBSERVATION IS FROM 3 DECADES IN MIAMI.

Anonymous said...

So 11:17 just what the F have you done for your 3 whole years here

THE REN (a venue) said...

Legislators pay double bottom shelf Liquor. All the time the legislature is in session. Only at the REN. (A venue ).

John Smith said...

FB ignition

Anonymous said...

1229. a decade is 10 years and i practiced in the gerstein building over 10 years. truth hurts doesn't it judge.