Florida Governor Ron DeSantis signs new laws — Courtesy: Shutterstock — Hunter Crenian
The Florida Legislature adopted many bills, and Governor Ron DeSantis signed them into law. Among these are amendments to current laws about bail and pretrial release. Another law transfers Department of Children and Families (DCF) child protection investigations from seven sheriff’s offices.
Two statutes deal with people with disabilities. One grants local law enforcement permission to establish and maintain a database called the “Persons with Disabilities Registry” and specifies which information placed into the database is exempt from becoming public records.
There will be adjustments to bookings for park cabins and campsites, including RV, tent, boat, and horse sites, for Floridians who like visiting the state’s 175 public parks.
Pretrial Release and Detention
House Bill 01627 defines who has the authority to set or modify bail and modifies the procedures for pretrial release and bail in Florida.
It modifies current legislation so that a judge alone has the authority to determine a defendant’s bail, including how much to set, reduce, or alter it.
The law permits a chief judge in any of the state’s 20 judicial circuit courts to request authorization to establish a local bond schedule with a bond amount less than that of the statewide schedule, but it also compels the Florida Supreme Court to develop a standard statewide bond schedule. A local chief judge has the authority to create a local bond schedule that has a higher bond than the one found in the standard schedule, if necessary.
Pretrial detention is another area where the measure makes modifications.
When a person cannot be released before their initial court appearance, there are new regulations in place. The court must now take into account certain factors when determining bail and may impose conditions in addition to monetary ones, such as community work or therapy.
For instance, the court has the authority to revoke a defendant’s release and mandate that they remain in custody pending trial if they breach any of the terms of their release. In addition, the law broadens the definition of “dangerous crimes” to cover offenses including DUI manslaughter, fentanyl trafficking, extortion, and threats of death.
Furthermore, the state attorney or the court must ask for pretrial detention if someone is arrested for a major offense, such as a capital felony, and the court believes there’s a good probability they committed the crime. The court may order pretrial custody if it determines that the defendant presents a serious risk or threat to the public or if there is a possibility that they will not appear in court.
If someone has been detained by the police for a crime that could result in pretrial custody, they may also be held until their initial court appearance.
The defendant forfeits their bail premium if they post bail but are subsequently placed in pretrial custody. The evidence that can be presented in these detention hearings is subject to different regulations.
Before the trial begins, any party may request a reconsideration of the custody order if new information has come to light that was unknown at the initial detention hearing.
Sheriffs Offering Investigative Services for Child Protection
With the overwhelming approval of House Bill 7061 in both houses of the Florida Legislature, the Department of Children and Families (DCF) will once again be in charge of conducting child protective investigations instead of the seven sheriff’s offices.
These investigations are currently handled by these offices in Pinellas, Manatee, Broward, Pasco, Hillsborough, Seminole, and Walton counties; however, after the bill becomes law, the DCF will be the only agency in charge of child protective investigations throughout the state.
This bill spells out the specifics of this transfer, including how grants and finances will be managed, as well as what will happen to current records, funds, and buildings.
Employees of the sheriff’s office may also transfer to the DCF. A person may choose to transfer to the DCF if they are currently employed by one of these sheriff’s offices and are in good standing while providing child protection services.
In addition, the sheriff’s office will handle any lawsuits or legal claims about these investigations that come up before the transfer date by the current agreements. However, following the transfer date, the DCF is solely responsible for managing those legal matters.
The state budget, which has been addressed in SB 2500, the General Appropriations Act for the Fiscal Year 2023–2024, is anticipated to be significantly impacted by the measure.
Persons with Disabilities Registry
House Bill 1275, sometimes referred to as the “Protect Our Loved Ones” Act, authorizes local law enforcement to establish and maintain the “Persons with Disabilities Registry.”
The database is intended for anyone who may be affected by specific impairments or disorders that may come up during their contact with law enforcement. These conditions include Down syndrome, Alzheimer’s disease, autism spectrum disorder, and other comparable conditions.
The process is as follows: You can register yourself on this registry if you are an adult with a disability. A person’s parent or legal guardian may add them to the registry if they are disabled and unable to make decisions for themselves. In addition, minors and people incapable of making decisions for themselves voluntarily may be added by parents or guardians.
The person’s contact information, ailment or handicap details, and the person who registered them will all be included in the registry. However, a qualified physician, nurse, psychologist, or counselor must certify someone’s handicap before it can be listed.
Law enforcement requires documentation—such as a birth certificate, a power of attorney paperwork, a court order, or guardianship letters—proving that the person signing up a juvenile or someone incapable of making decisions is their parent or legal guardian.
Within five business days of being placed on the registry without having the ability to make their own decisions, the individual is notified. Unless removed by someone in a position of power, such as a parent, guardian, or the individual themselves after they become 18, a person listed on the registry will remain there indefinitely.
Anyone can ask the local law enforcement agency to have their information removed from the registry, and in five business days, their information will be deleted.
Additionally, this statute grants law enforcement officials access to this register information to support them in their work. The main goal is to ensure that officers are aware of how to manage and treat individuals with disabilities or other conditions who are listed on the registry with respect.
Persons with Disabilities Registry Exemptions
A companion measure to the “Protect Our Loved Ones” Act, House measure 012077, specifies which information placed into the Persons with Disabilities Registry is protected from becoming public record. This is what is being excluded:
- Records
- Data
- Information
- Correspondence
- Communications
Furthermore, it extends beyond the primary registry. This exception also applies to any comparable local registry that a law enforcement agency may have, whether it existed before or after this statute.
This rule does, however, have several exceptions. Under some conditions, such as when a compelling legal justification is presented in court or when the information is necessary for the duties of law enforcement, county emergency management, local fire departments, and other municipal, state, or federal agencies, it may be shared.
However, whichever agency receives this information is required to maintain its exemption status, exactly as it did previously. This measure also includes a section requiring a later review of these modifications, by the State Constitution.
State Park Campsite Reservations
175 state parks are governed by the Division of Recreation and Parks, which is a division of the Floria Department of Environmental Protection. These enormous parks span about 800,000 acres and roughly 100 miles of shoreline.
The majority of the 32 million visitors to Florida’s parks last year—roughly 61 percent of those staying overnight—were residents of the state. Fifty-two of the 57 state parks offer RV accommodations in addition to camping areas.
Whether you live in Florida or not, you can reserve your place up to 11 months in advance if you’re thinking about visiting any of these parks. Every day at 8 a.m., they begin accepting reservations for fresh dates. If a reservation is canceled, any vacant slots reopen at random during the day.
House Bill 00109 will maintain the previous provision allowing residents of Florida to reserve state park cabins and campsites, including RV, tent, boat, and equestrian sites, up to 11 months in advance. Out-of-state citizens, however, will be able to make reservations up to ten months in advance. Residents of Florida will need to provide proof of residency in the form of their Florida ID card or driver’s license number to secure a place more than ten months in advance.
Since this bill may be incorporated into current resources, it won’t cost the state much.
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Chris began his writing as a hobby while attending Florida Southern College in Lakeland, Florida. Today he and his wife live in the Orlando area with their three children and dog.
