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JULY-AUGUST 1980 in 1980 Session: Lawmakers Did Some Good Repair Work

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JULY-AUGUST 1980 in 1980 Session: Lawmakers Did Some Good Repair Work PUBLISHED BY THE FLORIDA SHERIFFS ASSOCIATION JULY-AUGUST 1980 In 1980 Session: Lawmakers Did Some Good Repair Work From a law enforcement perspective, the 1980 seized in drug busts) were cleaned up and pow wow of the Florida Legislature was a generally streamlined. productive toughen up, tighten up, fix up, clean up Florida's laws relating to sovereign immunity and shape up session. for public officials were fixed up in a way that The lawmakers got tough with "head shop" clarifies the status of Sheriffs and deputies. operators who sell drug paraphernalia, and also Sheriffs applauded when a law relating to non- with convicted drug traffickers. They practically criminal mentally ill persons was reshaped to put the head shop guys out of business, and they absolutely prohibit mental patients from being made it impossible for the drug wheelers and confined in county jails. dealers to go free under bail while their All in all the lawmakers did some good repair convictions are under appeal. and renovation jobs. Details of their handiwork Sheriffs' procedures for disposing ofcontraband will be found in the following summaries of 1980 items (for example, boats, airplanes and trucks laws relating to the criminal justice system: Chapter 80-27 (Committee Substitute for House lyzing, packaging, repackaging, storing, containing, Bills 532 k 630) concealing, injecting, ingesting, inhaling, or otherwise An Attorney General's opinion ruled that Florida law introducing into the human body a controlled sub- enforcement agencies are prohibited from intercepting stance. .." Among the items specifically outlawed are and recording their own telephone lines. This law erases water pipes, chamber pipes, electrical pipes, air-driven the prohibition by specifically authorizing law enforce- pipes, chillums, bongs, cocaine spoons and roach clips. ment agencies to intercept and record incoming wire (A roach clip is an object "used to hold burning material, communications. Effective May 20, 1980. such as a cannabis cigarette, that has become too small or too short to be held in the hand. ")Penalties are scaled Chapter 80-30 (Committee Substitute for House as follows: Possession of paraphernalia, third degree Bill No. 6) misdemeanor; manufacture or delivery, third degree fel- This is the law that is expected to put "head shops" ony; delivery to a minor, second degree felony; adver- out of business by outlawing the drug paraphernalia tisement, first degree misdemeanor. Effective date, they have been selling openly for many years. Chapter October 1, 1980. 80-30 prohibits the possession, manufacture, delivery or advertisement of a long list of devices and materials Chapter 80-43 (House Bill No. 1378) used in the drug trade and in drug abuse. Drug para- Adds county and municipal correctional officers (jail- phernalia are broadly defined as "all equipment, pro- ers), also parole and probation officers, to the list of ducts and materials of any kind which are used, persons protected by the law relating to assault or bat- intended for use, or designed for use in planting, propa- tery of law enforcement officers. Effective October 1, gating, producing, processing, preparing, testing, ana- 1980. Volume 24, No. 4, July-August 1980 Publisher, Berwin Williams, Executive Director, Florida Sheriffs Association Editor, Carl Stauffer Art Director, Frank Jones Production Assistant, Ann Govett THE SHERIFF'S STAR is published monthly during January, February, May, June, September and October, and bi-monthly during March and April, July and August, November and Decem- ber, by the Florida Sheriffs Association, a non-profit corporation, P. O. Box 1487, Tallahassee, Florida 32302 (street address, 1020 E. Lafayette St3 The subscription rate is $5 per year and the publication number is USPS 493-980. Second class postage paid at Tallahassee, Florida. Chapter 80-72 (House Bill No. 1749) This law is bad news for drug traffickers convicted of violating Florida's super tough Comprehensive Drug Abuse Prevention and Control Act. It prohibits them from being granted bail while they are appealing their conviction. It became effective June 6, 1980. Chapter 80-74 (House Bill No. 161) Raises the legal drinking age from 18 to 19 for eve- ryone except military personnel. It prohibits the con- sumption or possession of alcoholic beverages by persons under age 19; also the selling or serving of alcoholic beverages to persons under 19. Persons 18 years old or older will still be allowed to work in licensed establishments serving alcoholic beverages. Penalties: selling, giving or serving alcohol to anyone under 19, second degree misdemeanor; lying about one's age, second degree misdemeanor; anyone under 19 possess- ing alcoholic beverages, second degree misdemeanor for Attorney General Jim Smith, Florida Department of Law Enforcement Executive Director James York and Senator first offense, first degree misdemeanor for second Malcolm Beard (left to right) witnessed the signing of offense. Effective October 1, 1980. House Bill 1746 by Governor Bob Graham. The bill revises Florida's police standards setup. Chapter 80-145 (Senate Bill No. 68) Gives Florida Supreme Court and District Courts of Appeal marshals, and assistant marshals, police pow- Chapter 80-47 (Committee Substitute for Senate ers to conserve the peace in the Supreme Court and Bill No. 383) District Court buildings, or in any other buildings in For many years Sheriffs have been providing law which the courts may be in session. The marshals and enforcement services in municipalities and special dis- their assistants are required to take a minimum stand- tricts under contract. Their authority to do so has been ards training course approved by the Police Standards questioned. This law confirms the Sheriff s authority to and Training Division of the Florida Department of provide law enforcement by contract. Effective October Law Enforcement. Effective July 1, 1980. 1, 1980. Chapter 80-171 (Senate Bill No. 411) Chapter 80-70 (Committee Substitute for House Sheriffs have long been opposed to holding non- Bill No. 263) criminal mental patients in county jails. In the past Adds phencyclidine (PCP) and methaqualone (Quaa- their opposition resulted in a law that permitted jailing ludes) to the long list of "controlled drugs" which can- of mental patients only in emergencies. This new law not be possessed, sold, manufactured, delivered or wipes out the emergency provision and flatly states that brought into the state. Tough penalties range from a "the non-criminal mentally ill shall not" be detained or three-year mandatory minimum prison term and a fine incarcerated in the jails of this state. Effective July 1, of $50,000 for small amounts of the drugs, to a 15-year 1980. mandatory minimum prison term and a fine of $250,000 continued on next page for larger amounts. These penalties are similar to, but not as tough as, the already existing penalties for pos- sessing or trafficking in morphine, opium or heroin. Effective June 6, 1980. Chapter 80-71 (House Bill No. 1746) This is an extensive revision of laws relating to police standards. Changes include: clarifying the authority of the Executive Director of the Department of Law Enforcement with regard to hiring and firing one of his subordinates, the Director of the Division of Standards and Training; clarifying the relationship between the Police Standards and Training Commission and the Department of Law Enforcement; and authorizing the Police Standards and Training Commission to decertify Representative Ralph Haben, who will be the Speaker of law enforcement officers who have been certified under the House of Representatives in 1981,discusses results of the 1980 session with Sheriffs attending the 67th Annual Florida's police standards regulations. Effective July 1, Conference of the Florida Sheriffs Association. 1980. JULY-AUGUST 1980 In 1980 Session continued Chapter 80-377 (Committee Substitute for Senate Bill No. 1293) Chapter 80-271 (House Bill 1705) Provides a 590 increase in current base salaries for Relates to sovereign immunity, the principle that the Sheriffs and other county officials. There's another state cannot be sued. Florida has a limited waiver of increase called for and the percentage is equal to the sovereign immunity allowing the state or its subdivi- average percentage increase approved for state sions to be sued for up to $50,000 per individual plaintiff, employees, but the amount for county officials cannot or $100,000 per incident. Sheriffs and other constitu- exceed 7%. (State workers are getting 8% this year, so tional officers, however, have not clearly been included county officials get 7%.) Sheriffs who complete special under sovereign immunity laws, so that Sheriffs possi- training provided by the Florida Department of Law bly may have been personally liable for the official acts Enforcement will receive an additional $2,000 per year. of their deputies. Two years ago, Sheriffs became a little A Sheriff will have six years to comply with the optional less vulnerable when a law was passed allowing them to training. Thereafter, he will have to maintain his eligi- become self-insured against liability suits. Now Chap- bility for the $2,000 supplement by completing an ter 80-271 will remedy further the Sheriffs precarious annual continuing education course. Effective July 1, position by stipulating that a Sheriff can only be sued in 1980. his officis& and not as an capacity individual. It will also Chapter 80-389 (House Bill No. 658) clarify that he is only liable up to the waiver limits of Under this law it is grand theft of the second degree, $50,000 and $100,000. Deputies can no longer be sued for punishable as a felony of the third degree, to steal prop- official actions. Such suits must be filed only against erty from a construction site that is legally posted the Sheriff in his official capacity. Chapter 80-271 and identified. The sign identifying the site is required became effective when the Governor signed June to it, 30, read substantially as follows: "This 1980.
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