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GOVERNOR CRIST SIGNS PUBLIC SAFETY BILLS

~~ ~New legislation increases protection for Florida’s children and law enforcement officers, strengthens Florida’s criminal justice system ~ ~~

July 2, 2008

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GOVERNOR’S PRESS OFFICE
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TALLAHASSEE – Governor Charlie Crist today signed several bills that strengthen Florida’s public safety laws and criminal justice system by strengthening penalties for those who harm children, enhancing protections for law enforcement officers and ensuring justice to those wrongfully incarcerated. Along with families of victims, victim advocates and legislators, Lt. Governor Jeff Kottkamp and Commissioner Gerald Bailey of the Florida Department of Law Enforcement joined Governor Crist for the bill signing ceremony.

“Nothing is more important to the quality of life of our people than to ensure the safety of our children, our neighborhoods and the law enforcement officers who work so diligently to protect us,” Governor Crist said. “I applaud our Legislature for recognizing the importance of providing our law enforcement officers the tools they need to stand strong against crime throughout our state.”

Protecting Florida’s Children

Legislation to protect victims of crime and strengthen Florida’s sentencing laws for sexual offenses include the following bills:

House Bill 313, Relating to Dating Violence – The Barwick-Ruschak Act provides that victims of dating violence be notified of their legal rights and remedies. The law is named after Tiffany Barwick and Michael Ruschak, two University of Central Florida students who were killed in September 2007. Barwick’s ex-boyfriend is charged with the killings and is awaiting trial.

Tiffany’s parents, Tony and Kim Barwick, and Michael’s parents, Chuck and Janice Ruschak, also attended the bill signing. Sponsored by Representative Kurt Kelly and Senator Charlie Dean, the bill provides the same standing to victims of dating violence during law enforcement investigations that is currently available to victims of domestic violence.

Senate Bill 1442, Relating to Exploited Children – Supported by Attorney General Bill McCollum, this legislation will allow Florida victims of child pornography who have suffered personal or psychological injury as a result of the images to receive civil damages under Florida law. Patterned after Masha’s Law, a part of the federal Adam Walsh Child Protection and Safety Act of 2006, the Florida law makes the Sunshine State the first state to give victims of child pornography a civil remedy. Bill sponsors are Senator Paula Dockery and Representative David Rivera.

House Bill 85, Relating to Lewd and Lascivious Molestation – Sponsored by Representative Dick Kravitz and Senator Paula Dockery, this legislation amends the Jessica Lunsford Act of 2005, which requires a mandatory 25-year sentence for any person convicted of lewd or lascivious conduct on a child under age 12. The bill mandates life imprisonment upon conviction of a second offense. Mark Lunsford, father of Jessica Lunsford, also attended the bill signing ceremony.

House Bill 537, Relating to Offense of Voyeurism – The bill, sponsored by Representative Chris Dorworth and Senator Dave Aronberg, increases the penalty for individuals who are responsible for the welfare of a child under age 16 and commit the offense of videotaping or recording that child inappropriately and without their knowledge.

House Bill 559, Material Harmful to Minors – The bill, sponsored by Representative Rob Schenck and Senator Mike Fasano, enhances penalties for teen modeling agencies that distribute on the Internet picture of minors in provocative circumstances.

Protecting Florida’s Law Enforcement Officers

Legislation to protect Florida’s law enforcement officers includes the following bills:

House Bill 321, Relating to Murder of Law Enforcement Officers – Sponsored by Representative William Snyder and Senator Paula Dockery, the legislation creates the Law Enforcement Protection Act, which ensures inmates convicted of specific violent crimes against law enforcement officers serve their full sentences. The law prohibits early release of inmates for any reason, including conditional medical release.

Attending the bill signing ceremony was Eric Strazalkowski, son of fallen Miami-Dade Police Officer David Strazalkowski who was killed in the line of duty on November 28, 1988, along with fellow Miami-Dade Police Officer Richard Boles, during a street encounter with a released inmate. Age two at the time of his father’s death, Eric recently graduated from the Florida State University Pat Thomas Law Enforcement Academy and intends to follow in his father’s footsteps by entering the law enforcement profession.

House Bill 61, Relating to Offenses Against Officers – Sponsored by Representative Michael Scionti and Senator Victor Crist, the bill extends the protection afforded law enforcement officers during arrests, to include searches. A person who commits battery on an officer who is performing a legal duty, such as a search, can now be charged with battery on a law enforcement officer. The law also prohibits the justifiable-use-of-force defense by a defendant when an officer is acting within the scope of his or her lawful duties.

House Bill 173, Relating to Controlled Substances – Supported by Attorney General McCollum, the legislation strengthens penalties for cultivating marijuana in Florida’s neighborhoods. The bill makes it a third-degree felony to own a house, knowing it is used for cultivating, packaging and distributing marijuana. It also makes growing 25 plants a second-degree felony, lowering the threshold from 300 plants, and a first-degree felony if children are present. It also allows law enforcement officers to introduce as evidence photographs of growing equipment instead of requiring storage of equipment in county facilities. The bill is sponsored by Representative Nick Thompson and Senator Steve Oelrich.

Strengthening Florida’s Criminal Justice System

Governor Crist today also signed the following bills strengthening Florida’s criminal justice system:

Senate Bill 756, Relating to Wrongful Incarceration Compensation – Sponsored by Senator Arthenia Joyner and Representative Ellyn Bogdanoff, the bill provides compensation of $50,000 for each year of wrongful incarceration and caps total compensation at $2 million. Claimants would also receive a waiver of tuition and fees for 120 hours at a Florida post-secondary school as well as court costs and attorney’s fees.

House Bill 489/House Bill 1141, Relating to Sexual Violence Leave – The bills, sponsored by Representative Evan Jenne and Senator Mike Fasano, provide employees with three days of earned or unpaid leave for reasons related to sexual violence, such as to seek an injunction, enhance home security or seek counseling.

Senate Bill 622, Relating to Orders of No Contact with Crime Victims – The bill, sponsored by Senator Paula Dockery and Representative Sandy Adams, expands the list of violent offenses requiring a court to issue a no-contact order with the victim. Current law applies only to victims of sexual crimes.

House Bill 1417, Relating to Counterfeit Goods – The bill, sponsored by Representative Andy Gardiner and Senator Alex Diaz de la Portilla, targets those who manufacture, distribute, or possess counterfeit goods with the intent to sell them and enhances penalties for when bodily injury is caused by counterfeit goods.