Fraternal Order Of Police LEGISLATIVE UPDATE WEEK 5 SENATOR AARON BEAN DISTRICT 2 GARNERS SUPPORT FOR PTSD REP. CORD BYRD MEETING WITH DISTRICT 2 ON PTSD SENATOR DENISE GRIMSLEY CONTINUED SUPPORT OF FOP LEGISLATIVE Priorities/Status The Florida State Fraternal Order Of Police faced the slow down of session as the legislature prepared for budget conference. Based upon the timelines of the Florida House Of Representatives it was critical that our PTSD/Workers Comp legislation was placed on agenda in House Government Operations Appropriations Committee. This committee is chaired by Representative Blaise Ingoglia. District Director Steve Klapka reached out to Rep. Ingoglia (State Republican Party Chair) to apply pressure from the local constituency, while FOP District 2 rallied their local delegation to get our bills brought to the forefront and placed on committee agenda. The Senate Bill (376) needs to be heard in the Senate Appropriations Committee, we expect the bill to be on the agenda but the full committee is not meeting next week. All the hard work has paid off and we met the deadline on SubCommittee hearing in the House of Representatives and the bill has been placed on the agenda to heard in the House Government Operations Appropriations Committee agenda for Tuesday at 9:30 am in room 17 of the House Office Building. The Fraternal Order Of Police prioritized all legislation dealing with the local 175/185 local pensions and the Florida Retirement System. There are several pieces of legislation that are currently filed in the legislature, and with the exception of the actuarial bill that sets the Pictured; employer contribution rate all are either blocked, stalled or dead at this time. The legislation the that has a positive impact (cola) is moving in the senate but the house has only workshopped the bill. The FRS pension legislation will have to be closely guarded and scrutinized as we go into the budget process, as any adverse legislation will be handled in the implementing bill for FOP Lodge 5-30 are recognized during session by Senator Aaron Bean 1
governmental operation appropriations. The actuarial legislation directed at the local pension bills still remains blocked and unheard by the committee chairmen. All the Use Of Force legislation is currently stalled in the committee process and we will need to start focusing on keeping any negative impact amendments from being attached to other legislation. FOP District 2 arrive to stand with fellow LEOs to push for PTSD legislation. The Gun legislation has three categories : Bad, Innocuous, and Good. The only legislation moving are the innocuous gun legislation and the others are blocked by the Senate Judiciary Committee or the Senate Criminal Justice Committee. Our LEOSA/Corrections legislation has not been heard in either chamber and we have passed the House deadline on subcommittee hearings. Currently the two chambers are working together but that is only a surface illusion. We are currently at the half way point in session and the two chambers have only passed 4 pieces of legislation to the Governor s Desk. The bulk of bills are finalized and passed during the last 2 weeks of session, but as we approach the budget conference the legislature will slow down. The two chambers are at odds over the priorities of the two leaders. The sanctuary cities legislation that is the priority of Speaker Corcoran does not have the votes to pass and there is an expectation that the charter schools legislation (7055) that is also a Speaker priority, does not have the votes needed for passage. This will have the two chambers at odds, and we can only hope that they can find a middle ground and agree on allocations for the budget, so that conferencing can begin. This legislative session has a lot undercurrents of animosity and the legislators, their staff, and public are all on edge. This week the blog press attacked Senator George Gainer on social media and the dedicated fop twitter followers immediately came to his defense, eliciting an apology and the removal of the original tweets. The original journalist did the right thing, but there are other bloggers who continue to be on the attack. These negative tweets are an attempt to bait to create twitter wars, so the polite, professional, and direct tweets that our FOP members have made are to be commended. Senator Aaron Bean honoring FOP 5-30: Senator Audrey Gibson continuing her support for her local leos: FOP 5-30 brings in reinforcements to push for the HB 227/ SB 376. 2
Next Week Monday Feb 12, 2018 Tuesday Feb 13, 2018 9:30AM Event Location H Government Operations & Technology Appropriations Subcommittee 17 H 9:30AM-11:30A M HB 0227 Workers' Compensation Benefits for First Responders Willhite Workers' Compensation Benefits for First Responders: Deletes certain limitations relating to workers' compensation benefits for first responders; provides first responders are entitled to workers' compensation benefits for mental or nervous injuries regardless of whether such injuries are accompanied by physical injuries. Effective Date: July 1, 2018 10:00AM Event Location S Community Affairs 301 S 10:00AM-12:00 PM SB 0900 Firefighters Flores Firefighters; Granting certain benefits to a firefighter upon receiving a diagnosis of cancer if certain conditions are met; requiring an employer to make certain disability payments to a firefighter in the event of a total and permanent disability; providing for death benefits to a firefighter s beneficiary if a firefighter died as a result of cancer or cancer treatments; specifying that any costs associated with benefits granted by the act are to be borne by the employer, etc. Effective Date: 7/1/2018 12:30PM Event Location H Justice Appropriations Subcommittee 306 H 12:30PM-2:30P M HB 0957 Crime Stoppers Organizations Gruters Crime Stoppers Organizations: Prohibits person who engages in privileged communication, law enforcement crime stoppers coordinator or his or her staff, or member of crime stoppers organization's board of directors from being required to disclose privileged communications or produce protected information; provides exception; permits criminal defendant to petition court to inspect protected information. Effective Date: October 1, 2018 HB 1301 Sexual Offenders and Predators Fitzenhagen Sexual Offenders and Predators: Reduces aggregate & consecutive number of days used to determine residency for purposes of sexual predator or sexual offender registration; provides for mandatory minimum sentence of community control with electronic monitoring for certain offenses. Effective Date: July 1, 2018 2:00PM Event Location S Ethics and Elections 412 K 2:00PM-4:00PM SB 1180 County and Municipal Public Officers and Employees Steube 3
County and Municipal Public Officers and Employees; Requiring a candidate for an elective municipal office to file a full and public disclosure of financial interests upon qualifying for office; requiring elected county or municipal public officers who are candidates for elective office to make certain campaign finance reports available for posting on their county or municipal websites; requiring elected municipal officers to file a full and public disclosure of financial interests, rather than a statement of financial interests, etc. Effective Date: Except as otherwise expressly provided in this act, this act shall take effect July 1, 2018 S Judiciary 110 S 2:00PM-4:00PM SB 0112 Involuntary Examinations Under the Baker Act Campbell Involuntary Examinations Under the Baker Act; Authorizing physician assistants and advanced registered nurse practitioners to execute a certificate under certain conditions stating that they have examined a person and find the person appears to meet the criteria for involuntary examination, etc. Effective Date: 7/1/2018 SB 0300 Florida Commission on Human Relations Rouson Florida Commission on Human Relations; Revising the length of time by which receipt of the complaint must be acknowledged and copies thereof provided to named parties; revising the length of time by which a complainant may file a complaint with the Public Employees Relations Commission following termination of the Florida Commission on Human Relations investigation; requiring the commission to provide notice to an aggrieved person under certain circumstances, etc. Effective Date: 7/1/2018 SB 0706 Crime Stoppers Organizations Steube Crime Stoppers Organizations; Prohibiting a person who engages in privileged communication, a law enforcement crime stoppers coordinator or his or her staff, or a member of a crime stoppers organization s board of directors from being required to disclose privileged communications or produce protected information; authorizing a person charged with a criminal offense to petition the court to inspect the protected information under certain circumstances, etc. Effective Date: 10/1/2018 SB 1142 Expunction of Criminal History Records Steube Expunction of Criminal History Records; Revising the eligibility requirements for expunction of criminal history records to include instances in which a verdict of not guilty was rendered, etc. Effective Date: 7/1/2018 3:00PM Event Location H Government Accountability Committee 17 H 3:00PM-6:00PM HB 0117 Bicycle and Pedestrian Safety Stone Wednesday Feb 14, 2018 Bicycle and Pedestrian Safety: Revises & provides requirements for driver of motor vehicle overtaking bicycle, pedestrian, or nonmotorized vehicle; requires DHSMV to provide awareness campaign & include information in certain educational materials regarding certain safety precautions; revises requirements for turning at intersections; revises & provides requirements for persons riding bicycles in groups; requires Class E driver license examination to address bicycle & pedestrian safety; provides penalties. Effective Date: July 1, 2018 10:00AM Event Location 4
S SESSION 10:00AM-12:00 PM Consideration of Bills on Third Reading HB 0055 Sale of Firearms White Sale of Firearms: Requires FDLE to allow payment or transmittal of processing fees for criminal history checks of potential firearms buyers by electronic means. 1:30PM Event Location H SESSION 1:30PM-N/A Special Orders HB 0365 Standards for Correctional Officers Gonzalez Standards for Correctional Officers: Reducing minimum age for employment as correctional officer from 19 years of age to 18 years of age; prohibits correctional officer under 19 years of age from supervising inmates but authorizes such officer to perform all other tasks. Effective Date: July 1, 2018 HB 0333 Temporary Employment or Appointment of Officers Burgess Temporary Employment or Appointment of Officers: Provides exemption from law enforcement basic recruit training program based on service in special operations forces; requires verification & documentation. Effective Date: July 1, 2018 HB 7017 Child Exploitation Criminal Justice Subcommittee Child Exploitation: Authorizes subpoenas in certain investigations of sexual offenses involving child victims & specifies requirements; prohibits person from using child in sexual performance or promoting sexual performance by child; provides for separate offenses of computer pornography & child exploitation; prohibits person from possessing, with intent to promote, child pornography; prohibits person from knowingly possessing, controlling, or intentionally viewing child pornography; provides for separate offenses of transmission of child pornography. Effective Date: October 1, 2018 HB 7019 Pub. Rec./Minor Victims of Sexual Offenses Criminal Justice Subcommittee Pub. Rec./Minor Victims of Sexual Offenses: Expands exemption from public records requirements for any information in videotaped statement of minor who is alleged to be or who is victim of sexual battery, lewd acts, or other sexual misconduct; provides for future review & repeal of exemption; provides statement of public necessity. Effective Date: on the same date that HB 7017 or similar legislation takes effect S Appropriations Subcommittee on Criminal and Civil Justice 37 S 1:30PM-3:30PM SB 1392 Prearrest Diversion Programs Brandes 5
Prearrest Diversion Programs; Encouraging counties, municipalities, and public or private educational institutions to implement prearrest diversion programs; requiring that in each judicial circuit the public defender, the state attorney, the clerks of the court, and representatives of participating law enforcement agencies create a prearrest diversion program and develop its policies and procedures; requiring, rather than authorizing, the Department of Law Enforcement to adopt rules for the expunction of certain nonjudicial records of the arrest of a minor upon his or her successful completion of a certain diversion program, etc. Effective Date: 10/1/2018 Priorities The Florida State Fraternal Order Of Police are excited to announce that SB 376 Workers Comp/ PTSD 1st Responders passed it s second committee of reference Tuesday, January 16th, 2018 at 1:30 in the Senate Commerce and Tourism Committee. This bill removes the requirement for an associating injury to receive PTSD treatment/workers compensation benefits. It lowers the evidentiary standard for of mental nervous injuries of first responders, defined in s. 112.1815, F.S., from clear and convincing evidence to preponderance of evidence. It requires that such an employee must have been acting within the course of employment and the person witnessed, or arrived at the scene of, a murder, suicide, fatal injury, child death, or mass casualty incident.eliminates the requirement that such an employee must initiate mental health treatment within 15 days after the incident. Requires that the mental nervous injury of such an employee must be demonstrated by a preponderance of evidence, rather than a clear and convincing evidence, by a licensed psychiatrist to meet the criteria for PTSD as described in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, published by the American Psychiatric Association. Please email your Senator requesting their support of the bill. (SB 376) Senator Bradley Senator Flores Senator Baxley Senator Bean Senator Benacquisto Senator Bracy Senator Brandes Senator Gainer Senator Galvano Senator Gibson Senator Grimsley Senator Montford Senator Passidomo Senator Powell bradley.rob@flsenate.gov flores.anitere@flsenate.gov baxley.dennis@flsenate.gov bean.aaron@flsenate.gov benacquisto.lizbeth@flsenate.gov bracy.randolph@flsenate.gov brandes.jeff@flsenate.gov gainer.george@flsenate.gov galvano.bill@flsenate.gov gibson.audrey@flsenate.gov grimsley.denise@flsenate.gov montford.bill@flsenate.gov passidomo.kathleen@flsenate.gov powell.bobby@flsenate.gov 6
Senator Simmons Senator Simpson Senator Stargel Senator Stewart simmons.david@flsenate.gov simpson.wilton@flsenate.gov stargel.kelli@flsenate.gov stewart.linda@flsenate.gov House Bill 227 by Representative Willhite has been placed on the agenda for the House Government Operations Appropriations Sub-Committee. Please contact the following legislator and request them to vote yes on the PTSD/Workers Compensation bill. Representative Blaise Ingoglias 850-717-5035 blaise.ingoglia@myfloridahouse.gov Representative Clay Yarborough 850-717-5012 clay.yarborough@myfloridahouse.gov Representative John Cortes 850-717-5043 john.cortes@myfloridahouse.gov Representative Thad Altman 850-717-5052 thad.altman@myfloridahouse.gov Representative Bruce Antone 850-717-5046 bruce.antone@myfloridahouse.gov Representative Tracie Davis 850-717-5013 tracie.davis@myfloridahouse.gov Representative Bobby Dubose 850-717-5094 bobby.dubose@myfloridahouse.gov Representative Jay Fant 850-717-5015 jay.fant@myfloridahouse.gov Representative Lawrence McClure 850-717-5058 lawrence.mcclure@myfloridahouse.gov Representative Kathleen Peters 850-717-5069 kathleen.peters@myfloridahouse.gov Representative Rene Plasencia 850-717-5050 rene.plasencia@myfloridahouse.gov Representative Sean Shaw 850-717-5061 sean.show@myfloridahouse.gov Representative Charlie Stone 850-717-5022 charlie.stone@myfloridahouse.gov 7