 |
|
|
|
|
|
|
|
|
|
|
|
 |
|
||||||||||
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
|
 |
 |
 |
|
||||||||
 |
 |
|
|||||||||
Dear Friends, There are a number of important issues to be considered during the 2010 session of the Florida Legislature which we would like to bring to your attention. Over the years I have taken an active role on the Florida Sheriff’s Association Legislative Committee in an effort make sure that your safety and the security of those who preserve it are well served by our lawmakers. We have worked hard to forge strong ties with the Pinellas County Legislative Delegation in order to make our voices heard in Tallahassee. During the course of this legislative session we will be posting proposed legislation which may impact our agency and the services we provide. We will also identify our position on the proposed legislation, and provide links for you to follow its path through the Florida Legislature. Foremost among the actions proposed this year is a bill developed by my office which will limit the amount of money paid by the counties to defray inmate medical costs. The bill provides that the Medicaid rate for inmate medical treatment and care should be applied to the cost – rather than the usual reimbursable rate. This change would result in a great savings to the taxpayers. This is one of many legislative bills we will be posting and tracking here during this legislative session. For further input, please contact your Florida State Senator or State Representative for Pinellas County. By working together, we will all benefit by ensuring a safer Pinellas County.
|
We Support |
| Medical Expenses of Inmates Paid by a County or Municipality: |
| (Click here for a printable version) |
Florida Association of Counties (FAC) article in support of this legislation |
Florida Association of Counties (FAC) article on vote delay |
Florida Association of Counties (FAC) Call To Action |
Background: Florida jails are required to provide reasonable and adequate medical care to an inmate of a county or municipal detention facility, but they are not responsible for payment for such treatment where the inmate is able to pay. Rather, by law, the responsibility for paying the expenses of medical care, treatment, hospitalization, and transportation for any person ill, wounded, or otherwise injured individual incarcerated in a county or municipal jail is the responsibility of the person receiving such care. Only where the inmate is indigent will the responsibility for payment shift to the county or municipality – the taxpayers. However, while the inmate is indigent, the healthcare providers bill the taxpayers at the full freight, reasonable and customary rate – a rate that in other situations is regularly discounted for insurance companies and even other uninsured individuals. We believe this is unfair to the taxpayer because if the same person – now an inmate – was not incarcerated, the medical provider would receive a deeply discounted rate through Medicaid, Medicare, or indigent health. Legislative Goal: As taxpayers, we cannot ignore this misuse of public funds. Senate Bill 218 and House Bill 319 place a reasonable cap on what medical providers may bill counties and municipalities – you the taxpayer – for medical care provided to indigent inmates. Please contact your legislators and voice your concern and support for these bills. This bill was initiated by Sheriff Jim Coats of Pinellas County and is sponsored by the following Pinellas County Legislative Delegation: |
| Representative Bill Heller does not support the above bill. |
| Clarification of Resolving Impasse Issues: |
| (Click here for a printable version) |
Senate Bill 610 |
House Bill 417 |
Several years ago, the Florida Supreme Court reversed long-standing precedent by finding that constitutional office’s deputies are entitled to engage in collective bargaining. One of the offshoots of that decision is that the law is unclear with respect to Sheriffs, Clerks and all the other constitutional offices as to who is the legislative body for the purposes of impasse in such bargaining. Due to this ambiguity, conflicting opinions have arisen and we believe that clarifying language is needed to protect the independence of constitutional officers as granted in Art. VIII, Section 1 of the Florida Constitution. This clarifying language would not expand or change existing process, but rather would clarify the procedure for resolution of impasse in negotiations between unions and constitutional officers. As such, I encourage you to support Senate Bill 610 and House Bill 417 regarding the clarification of the role constitutional offices, including Sheriffs, as legislative bodies under Florida Statute 447.403, for the purposes of collective bargaining. |
Senate Sponsor: Fasano |
| House Sponsors: Anderson; Carroll; Fetterman; Mayfield; Tobia; and Zapata |
| Mark Wandall Traffic Safety Act: |
| (Click here for a printable version) |
House Bill 325 |
This proposed legislation allows cities and counties to use traffic infraction detectors – “red light cameras” – to identify motor vehicles that fail to stop at red lights. The registered owner of the vehicle will be responsible for the fine assessed. We support this proposed legislation as use of such devices in other areas has shown that it has a deterrent effect and reduces infractions that cause significant harm to citizens. |
Senate Sponsor: Bennett |
House Co-Sponsors: Roads, Bridges & Ports Policy Committee and Reagan, Ford; Horner; Jenne; Kriseman; Porth; Steinberg; Van Zant |
| Pretrial Proceedings: |
| (Click here for a printable version) |
Senate Bill 300 |
House Bill 89 |
This proposed legislation would give judges the authority to hold a probationer or offender on community control who is arrested on a new offense for which the court finds the existence of probable cause, the court may order pretrial detention without bail for up to ten days to await further hearing to determine the outcome of the probation violation hearing. |
Senate Sponsors: Bennett & Richter |
House Sponsors: Thompson, N. & Hudson |
We Oppose |
| Elimination of Restraints on Juveniles in Court: |
| (Click here for a printable version) |
Senate Bill 242 |
We oppose the prohibition of the use of restraints on juveniles during Court proceedings. A similar rule of judicial procedure was passed by the Supreme Court of Florida. The basis for such opposition is explained in the attached Brief to the Supreme Court of Florida. |
| Senate Sponsor: Wilson |
House Sponsor: None |
| Expunction of Criminal Records: |
| (Click here for a printable version) |
This proposed legislation would provide for an automatic expunction by the court of criminal history records pertaining to more than one arrest or one incident of alleged criminal activity if the person has not been adjudicated guilty of or adjudicated delinquent for committing any of the acts stemming from the arrest or alleged criminal activity or delinquent act to which the petition to expunge pertains. Previously, expunction was limited to one time per lifetime. In this case, a court may order limitless expunction – thereby making it appear from a public records perspective that an individual has not had any prior criminal activity. We believe that this legislation would cause background checks to no longer be reliable sources of information. |
| Senate Sponsor: Smith |
| House Sponsor: Thurston |
The Pinellas County Legislative Delegation Contact Information: |
Senator Mike Fasano -
District 11 Senator Dennis L. Jones - District 13 Senator Arthenia Joyner - District 18 Senator Charlie Justice - District 16 Representative Tom Anderson - District 45 Representative James C. "Jim" Frishe - District 54 Representative Bill Heller - District 52 Representative Ed Hooper - District 50 Representative Rick Kriseman - District 53 Representative Janet C. Long - District 51 Representative Peter Nehr - District 48 Representative Darryl Rouson - District 55 |
Sheriff Jim Coats