THE SHERIFFS STAR VOL 36, NO 1, FEB-MAR 1992.Pdf
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~ ~ ~ ~ ~ II ~ I ~ I ~ ~ ~ ~ ~ ~ ~ ~ I ~ Reapportioning Florida By Maury Kalchakian General Counsel Florida Sheriffs Association After each decennial (ev- ery ten years) census, Florida CONTENTS is required to reapportion its state legislative and U.S.Con- gressional districts. The legis- MauryMau KolchaKolchakian lature is currently in the throes of this procedure, and, Florida SherdS Association Page practically speaking, the job must be completed prior to the (Micers. ...........,...........,.........................................2 1992 general elections. Board ofDirectors .......................... .... Reapportionment is the process of re-dividing a given . .. ..............3 number ofseats (40 in the State Senate, 120in the House) FLORIDA'S GOVKKGKNT among units ofgovernment or geographic districts. This is Stttte Government Chart ...................,..........,......4 usually done according to an established plan or formula. Executive Branch ......„,........ ,......... .,...... .-. ... 6 The number of state legislative districts will not in- . .. .. .. crease. However, some areas ofthe state are growing faster Directory of State Agencies ...„......,...........,.......11 than others, and therefore the district boundary lines will Legislative Branch ...„...........,...........,..........,....14 have to be changed to give all Florida residents equal Judicial Branch ..........,..........„.....,.....................21 representation. Florida's The 1990 census gave Florida a population of 12.94 U,S. Senators million, a hefty increase of 32.7 since 1980.Dividing this and Representatives ...............................................27 total into 40 Senate districts and 120 House districts, Directory of County Of5cials .................................33 produces an ideal "head count" of323,448 for each Senate Horitht district, and 107,816 for a House district. Sh~ of (BiograIphies) ......................,....38 Florida's lawmakers will attempt to come as close to Diary 9fI aw Enfant Agenciet ..........,....54 these "ideal" totals as possible, since the U.S.Constitution Sh~' Teleph~AX Num~ has been interpreted to require legislative districts with Addresses '. "substantial equality of population. " Courts have gener- ~ .........................Inside Sack Cover ally determined that "substantial equality" means a total deviation of less than ten percent. Reapportionment will increase Florida's congressional This is a complex task, and no "dilly dallying" is seats from 19to 23, and all are due to be filled in the permitted. 1992 general election. Since the U.S. Senate is not subject Ifthe Legislature fails to reapportion itself into "con- to reapportionment, Florida will continue to have two sena- secutively numbered, contiguous, overlapping or identi- tors, the same as every other state. cal" districts in its 1992 regular session, the Governor is After Florida's lawmakers have completed their intri- required to call a Special Apportionment Session. Ifthat cate reshuffling chores, one final step will remain. session fails to get the desired results, the Florida Supreme Any reapportionment plan passed by the Legislature will be Court will do the job. automatically reviewed by the Florida Supreme Court. Reapportioning Florida's Congressional districts is an In 1982 when the Florida Legislature was reapportioned to fit additional assignment faced by Florida's lawmakers, and a "one manfone vote" profile, Maury Kalchakian was the staff the fact that Florida has gained four additional seats in the attorney for the Senate's Reapportionment Committee. Prior to that U.S. House of Representatives through its tremendous time he was the staff attorney for the Senate's Governmental Opera- population growth will add to the complexity of the task. tions Committee. Volume 36, No. 1„February/Mlsrch, F992 Publisher, J.M. "Suddy" Phillips, Executive Doctor, Florida SheriiFa Association EaMtor, Carl Stau6'sr Art Director, Frank Jones Piuductian Assistant, Lynn Meek Sheriff"s Star is published monthly during June aud September, and bi-monthly durmg December and January, February gad March, April .imd May~ July tLAd Au~ Octsbar aud WavamlxB', by tha:FlDrlda"Sh8TBS, Aasacm~, a 6N1-praSt corporation, P.O. Sax 12519,Tallahassee, Florida 82817-2519(stcsat address, 2517Mahau Drive). The subscription rata is lg psr yaai:amd the ~caticu number is USpS 498-989. Seomd 'chuis pa~ ptdd at T~~, Florida and at additiaual mailing cBicss. POSTMASTER Pl~ send, address corrections. ta The 8hcriff's. Mr, P. O, Sox 12519,Tallahassee„Florida. 82817 25%9. Copyright O I992 by Fkinda Sheriffs Asscciation. ISSN 9488-8188 Proceed with caution! Reorganizing state law enforcement agencies is a major proposal facing the current session ofthe Florida Legislature, and it is an idea worth consideration and review. However, increasing state law enforcement ser- vices should be the focus ofthe Legislature's reorgani- zation efforts, and not consolidation of power. Currently, Sheriffs' Offices and Police Depart- ments provide the front line troops in the war against crime; and Sheriffs, being elected, have traditionally reflected the concerns of Florida citizens relative to crime. State law enforcement agencies have a different focus. They concentrate on enforcement oftraffic laws, as well as hunting, fishing, boating and alcoholic beverage regulations. They also patrol state college Florida Sherfffs Association President was campuses; make fire Jerry Whitehead (right) safety inspections and investi- congratulated by FBI Director William S. Sessions when he was gate suspected arson cases; patrol state parks; and graduated from the FBINational Academy in1991.President Whitehead investigate tax dodgers. is the Sheriff of Union County. He is the son of former Union County The Florida Department ofLaw Enforcement has Sheriff John Whitehead, who is a past president of the Sheriffs Association. a wide-ranging mission that includes providing crime lab services for state and local agencies; maintaining answerable to a few state officials, rather than to centralized crime files; and assisting local agencies Florida voters. with criminal investigations. Upsetting the present delicate balance between Each level oflaw enforcement has its own areas of state and local law enforcement could have devastat- responsibility, and this time-honored "division of la- ing results even if the foregoing "worst case sce- bor" has worked amazingly well. Historically there narios" never came to pass. That is why Florida's has been a minimum of friction between state and Sheriffs are urging the Legislature to "proceed with local agencies, and an admirable amount of coopera- caution. " tion. Sheriffs are saying, in effect, "don't go so far and A directory published in this issue ofThe Sheriff's so fast in pursuit of reorganization that you cripple Star lists 17 state agencies responsible for enforcing local law enforcement and reverse the progress that a wide variety of laws and regulations. Each has its has made Florida a recognized leader among law own sphere of responsibility. Each operates indepen- enforcement professionals. " dently within a narrowly defined area of focused Florida's local law enforcement agencies are pres- responsibility. ently healthy, strong and progressive. They have Reorganizing some of these agencies could con- proved that they can work together as a team for ceivably result in greater efficiency and coordination desirable goals. The current success of the Florida at the state level, but over-zealous efforts to create a SherifFs Association's Crack Cocaine Task Force is smoother "machine" "operating could also produce a only one example of this teamwork in action. "monster. Mutual Aid Agreements between local law en- The clear and present danger is that an all-power- forcement agencies have proved to be an efFective tool ful state police agency could dominate, and eventually in combatting criminal activities that cross local and supersede local law enforcement. It has happened in county boundaries. other states, and it could happen here with the follow- Many examples can also be cited of close and ing disastrous results: effective cooperation between local officers and state Control of local law enforcement, which now and federal officers. It is possible that careful, cau- resides at the local level through the election process, tious reorganization on the state level can enhance could shift to the state level and seriously cripple local and improve this team effort; and it is also possible self-government. that going too far too fast can have disastrous results. Taken to the ultimate extreme, consolidation It's worth study, but, by all means, proceed with could create a law enforcement "czar" who would be caution! THE SHERIFF's STAR+ FEBRUARY/MARGH 1992 + 1 ' Robert C, "Bobby'"Knoioles Jerry 8'hitehead Preaident Howard Oodu/in Jamea L. Jamie Adama J.M. "Buddy" Phi/Eipa, Jr. 8ergeant-at-Anna Chaplain Executive Director (appointed) 2 + THE SHERIFF'S STAR + FEBRUARY/MARCH 1992 Ok@&me Co~ DISTRICT III ~ Oll ggnwHlil , 4 t BOARD OF DIRRCTOR8 DISTgIcT Ww Members of the Board of Directors serve two- year terms. They can succeed themselves only one $ ~ ' ii~ l +g time, and arie thus limited to four continuous'years. Terms are staggered so that sm Board mqmbe& are elected in even numbered years and six in odd 4 eg. numbered. years. The Chairman. ,and Vice-Chair- loess man are elected the Board for one-year. by terms CeP L~ ~ 1OIN and cannot: be re-elected to succeed'themselves. Ikl4&