Florida Governor Crist Signs Law Enforcement Legislation

June 20, 2007 -- TALLAHASSEE – Florida Governor Charlie Crist today signed legislation to enhance law enforcement capabilities in Florida, further protecting Florida’s children from predators. Other bills signed today increase penalties for certain drunk driving accidents and for crimes committed against law enforcement officers. Additionally, Governor Crist announced that he has petitioned the Florida Supreme Court to convene a statewide grand jury to investigate gang activity.

“There is absolutely nothing more important than protecting our people, especially Florida’s children,” said Governor Crist. “I am grateful to the leaders of the Florida House and Senate for sharing my commitment to public safety. Thanks to their good work, Florida’s communities will be safer places to live, work and raise a family.”

Governor Crist was joined for the bill-signing ceremony by Lt. Governor Jeff Kottkamp, Attorney General Bill McCollum and bill sponsors Representatives Bill Galvano (R-Bradenton), Charlie Dean (R-Inverness) and Bob Allen (R-Merritt Island) and also by Representative Marti Coley (R-Marianna).

Protecting Florida’s Children

Legislation to strengthen Florida’s sentencing laws for sexual offenses include the following bills:

Senate Bill 988, High Risk Offenders – Serves as a follow-up to the Jessica Lunsford Act of 2005. The bill requires specified markings on driver licenses and identification cards for sexual offenders and predators. The bill improves the consistency with which Jessie’s Law is applied throughout the state by specifying the regulations for contractors allowed on school grounds.

Senate Bill 1004, Cyber Crime – Requires sexual offenders and sexual predators to register all e-mail addresses and instant-message names with the Florida Department of Law Enforcement. The bill enhances criminal penalties for offenders who misrepresent their age when soliciting children using the Internet and who travel to meet minors to commit crimes of sexual abuse. An offender can be arrested for attempting to meet a child even if the meeting never takes place.

“As Florida’s Attorney General, my highest priority is protecting our children from individuals who seek to victimize them in the worst ways imaginable,” said Attorney General McCollum. “As my CyberCrime Unit expands across the state, these new laws give us the ability to launch more investigations and build stronger cases for the prosecution of these online predators.”

Senate Bill 1604, Sexual Offenders and Predators – Incorporates changes to the registration criteria for sexual predators and offenders made through the federal Adam Walsh Child Protection and Safety Act. Florida was instrumental in drafting the federal legislation signed by President Bush last year.

“Florida has already lost too many children too early in their lives,” said Governor Crist. “Law enforcement officers can use these additional tools to prosecute those who seek to harm our children.”

Additionally, the 2007-08 budget includes funding to expand the Attorney General’s Child Predator/CyberCrime Unit, established by then-Attorney General Crist in August 2005 as a pilot project in response to several tragic murders of children in Florida. The unit will be expanded from 5 to 55 staff, which is expected to increase the number of sexual predators arrested and prosecuted from 30 per year to more than 200 per year.

Enhanced Penalties

Legislation to strengthen Florida’s sentencing laws includes the following bills:

House Bill 409, Criminal Sentencing – Enhances penalties for crimes committed against law enforcement officers while exercising their duties.

House Bill 25, Adam Arnold Act – Increases penalties for drunk drivers who leave the scene of an accident and for those who commit manslaughter. The legislation requires these drivers to pay restitution to the victim.

“Those who commit crimes against Florida’s law enforcement officers and those who desert victims of their own careless behavior should receive a strict sentence for their actions,” said Governor Crist. “These bills demonstrate our commitment to ensuring safer communities for our people.”

Statewide Grand Jury on Gang Activity

Governor Crist also announced that he has signed a petition requesting the Florida Supreme Court to convene a statewide grand jury to investigate an increase in crimes that can be attributed to gang activity. The petition is in response to information from the Statewide Prosecutor within the Office of the Attorney General regarding an increase in criminal activity. Among the crimes specified in the petition are the following:

burglary, car jacking, home-invasion robbery, extortion, gambling, murder, prostitution, perjury, and robbery;

crimes involving narcotics or other dangerous drugs;

violations of the provisions of the Florida RICO (Racketeer Influenced and Corrupt Organization) Act;

violations of the Florida Anti-Fencing Act (Chapter 812, Florida Statutes), the Florida Antitrust Act of 1980 as amended and computer crimes; and

fraud, computer pornography and child exploitation.

“This grand jury will be an essential component for the development of a statewide strategy to address gang violence, an issue of great significance and one my office is taking very seriously,” said Attorney General McCollum. “Gangs have threatened our state for too long and we must now work together to put an end to the violence spawned by these organized rings of criminals.”

The grand jury is directed to investigate criminal activity across the state during the next year. The counties included in the specified circuits are Indian River, Okeechobee, St. Lucie, Martin, Palm Beach and Broward counties on Florida’s east coast and Charlotte, Glades, Lee, Hendry and Collier counties in Southwest Florida.

“I am concerned about reports of increased gang activity and crime in parts of our state,” Governor Crist said. “The statewide grand jury will help us better understand how gang behavior is affecting our youth, our communities and our quality of life.”

IN THE SUPREME COURT OF FLORIDA

IN RE:

STATEWIDE GRAND JURY CASE NO. SC 07-1128

PETITION FOR ORDER TO IMPANEL A STATEWIDE GRAND JURY

COMES NOW, Charlie Crist, Governor of the State of Florida, who respectfully petitions this Court for an order to impanel a Statewide Grand Jury pursuant to section 905.33, Florida Statutes (2006). The grounds for this Petition are:

1. Petitioner, Charlie Crist, is the Governor of the State of Florida.

2. This Court has jurisdiction of this matter pursuant to section 905.33, Florida Statutes (2006).

3. Petitioner has consulted with the Statewide Prosecutor, who would serve as the Statewide Grand Jury Legal Advisor, regarding the filing of this Petition to impanel a statewide grand jury.

4. The Statewide Prosecutor has informed Petitioner that, after consultation with the Florida Department of Law Enforcement, there is a need to investigate numerous cases of organized criminal activity throughout the State. These crimes are multi-circuit in nature, have occurred or are occurring in two or more judicial circuits, and concern criminal activity within the jurisdiction of the statewide grand jury. 5. The Statewide Prosecutor has also informed Petitioner that the offenses that would be within the grand jury’s inquiry are among those enumerated in section 905.34, Florida Statutes (2006):

(1) bribery, burglary, car jacking, home-invasion robbery, criminal usury, extortion, gambling, kidnaping, larceny, murder, prostitution, perjury, and robbery;

(2) crimes involving narcotics or other dangerous drugs;

(3) violations of the provisions of the Florida RICO (Racketeer Influenced and Corrupt Organization) Act, including any offense listed in the definition of racketeering activity in section 895.02(1)(a), providing such listed offense is investigated in connection with a violation of section 895.03, the prosecution of which listed offense may continue independently if the prosecution of the violation of section 895.03 is terminated for any reason;

(4) violations of the provisions of the Florida Anti-Fencing Act (Chapter 812, Florida Statutes);

(5) violations of the provisions of the Florida Antitrust Act of 1980 as amended;

(6) violations of the provisions of Chapter 815 (computer crimes);

(7) any crime involving, or resulting in, fraud or deceit upon any person;

(8) violations of section 847.0135, section 847.0137, or section 847.0138 relating to computer pornography and child exploitation prevention, or any offense related to violations of section 847.0135, section 847.0137, or section 847.0138;

(9) criminal violations of Part I of chapter 499;

(10) criminal violations of section 409.920 or section 409.9201, Florida Statutes; or,

(11) any attempt, solicitation or conspiracy to commit violations of the crimes above.

6. Petitioner, after due consideration of the information provided by the Statewide Prosecutor, for good and sufficient reason deems it to be in the public interest to impanel a statewide grand jury. Pursuant to sections 905.33 and 905.34, Florida Statutes (2006), the grand jury would have jurisdiction throughout the State to investigate crime, return indictments, make presentments, and otherwise perform all functions of a grand jury with regard to the offenses stated herein.

7. The investigation to be conducted by this grand jury is not inherently limited to a particular section of the State. However, after due consideration of the information provided by the Statewide Prosecutor, Petitioner believes that, in the interest of convenience to prospective grand jury witnesses, law enforcement officers and others, the base operating area for the grand jury should be the Fifteenth, Seventeenth, Nineteenth, and Twentieth Judicial Circuits. Petitioner therefore requests that, pursuant to section 905.37(2), Florida Statutes (2006), this Court designate those judicial circuits as the base operating area for this statewide grand jury and that the prospective grand jurors be selected from those circuits.

Petitioner further requests that, pursuant to section 905.33(2), Florida Statutes (2006), the Chief Justice designate a judge from the Fifteenth, Seventeenth, Nineteenth, or Twentieth Judicial Circuits to act as the presiding judge over the statewide grand jury.

WHEREFORE, Petitioner respectfully petitions the Court for an order impaneling a statewide grand jury for a term of twelve calendar months with the jurisdiction, purpose, and base operating area set forth above.

Dated this 19th day of June 2007.

Charlie Crist
Governor
The Capitol
Tallahassee, Florida 32399
Phone: (850) 488-5603

Paul C. Huck, Jr.
General Counsel
Office of the Governor
Room 209, The Capitol
Tallahassee, Florida 32399
Phone: (850) 488-3494
Florida Bar No. 968358

CERTIFICATE OF COMPLIANCE

I HEREBY CERTIFY that the foregoing Petition complies with the font requirements of Florida Rule of Appellate Procedure 9.210(a)(2).

_
Paul C. Huck, Jr.

Source: Florida Governor

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