HB 555 (Jacques) and SB 450 (Ingoglia) would repeal current law that requires a jury to be unanimous in recommending a death sentence. The measure instead requires that a recommendation by only 8 of 12 jurors is necessary for a sentence of death to be imposed.
HB 7051 (Judiciary) was introduced on the House floor and is poised for House passage next week. The bill includes several provisions to address civil unrest such as collecting data on use-of-force by law enforcement, de-escalation training, and limiting chokeholds. FCCB offered these approaches as an alternative to HB 1, which aims to address public disorder and was signed into law by Governor DeSantis this week. HB 7051 includes an additional provision, supported by the FCCB this session, that prohibits a child younger than seven years of age from being arrested, charged, or adjudicated delinquent, unless the violation of law is a forcible felony.
On April 15, the full Senate passed HB 1 (23-17). In response to recent riots, the bill purports to address public disorder by creating new riot-related crimes and enhancing penalties on existing offenses. The FCCB opposes the bill as it is unnecessary and potentially harmful. Any violence committed during a riot, or at any time, is already prosecutable, and it is unnecessary to raise penalties for those crimes. Additionally, some broad terms in the bill could potentially criminalize some of our ministries' public activities such as praying in front of an abortion facility, sidewalk counseling, and prayer vigils to end the use of the death penalty. FCCB's concerns with the measure are further outlined in a letter. The proposal passed the House (76-39) on March 26. A top priority of Governor Ron DeSantis, the measure will be sent to him for his signature.
As on alternative to HB 1, FCCB offered other approaches to civil unrest including collecting data on use-of-force, de-escalation training, and limiting chokeholds. A bill with these provisions and others, HB 7051, was filed and passed unanimously by two House committees this week. Additionally, the measure prohibits a child younger than seven years of age from being arrested, charged, or adjudicated delinquent, unless the violation of law is a forcible felony. The measure has been placed on the House calendar on second reading.
On April 7, the Senate unanimously passed SB 626 (Bracy), which prohibits children who are younger than 7 years of age from being arrested, unless the violation of the law is a forcible felony. Titled the "Kaia Rolle Act," this legislation was filed in response to six-year-old Kaia being placed in zip ties, transported in a police vehicle, and fingerprinted after having a tantrum in an Orlando school last year. The bill is in messages to the House.
On March 26, the House passed HB 1 (Fernandez-Barquin) (76-39). The FCCB opposes the bill as it is unnecessary and potentially harmful. According to the sponsor, the bill is intended to address public disorder in response to recent riots. However, any violence committed during a riot, or at any time, is already prosecutable, and it is unnecessary to raise penalties for those crimes. Additionally, some broad terms in the bill could potentially criminalize some of our ministries' public activities such as praying in front of an abortion facility, sidewalk counseling, and prayer vigils against the death penalty. FCCB's concerns with the measure are further outlined in a letter to the bill sponsor.
The FCCB opposes HB 1 (Fernandez-Barquin), as it is unnecessary and potentially harmful. According to the sponsor, the bill is intended to address public disorder in response to recent riots. However, any violence committed during a riot, or at any time, is already prosecutable, and it is unnecessary to raise penalties for those crimes. Additionally, some broad terms in the bill could potentially criminalize some of our ministries' public activities such as praying in front of an abortion facility, sidewalk counseling, and prayer vigils against the death penalty.
The Victims of Wrongful Incarceration Compensation Act has been in effect since 2008. The Act provides a process whereby an individual may petition the original sentencing court for an order finding the petitioner to have been wrongfully incarcerated and eligible for compensation from the state. SB 1114 (Pizzo) removes a prohibition on receiving compensation for wrongful incarceration for those with unrelated prior convictions and extends the deadline to establish one's status as wrongfully incarcerated and eligible for compensation from 90 days to 2 years.
SB 1032 (Perry) increases the amount of rehabilitation credits someone in prison can receive in order to reduce the term of sentence. This incentivizes those in prison to pursue degrees and certificates in addition to participating in programs that prepare them to return to society and reduce recidivism.
The FCCB has taken a position in opposition against HB 1 (Fernandez-Barquin), as it is unnecessary and potentially harmful. Recent riots have prompted concern; however, any violence committed during a riot, or at any time, is already prosecutable. HB 1 raises penalties and sentences for certain crimes committed during a riot, violates local subsidiarity by allowing the governor to subvert local law enforcement budgets, and broadly describes certain terms in a way that could potentially criminalize some of our ministries' public activities such as praying in front of an abortion facility, sidewalk counseling, and prayer vigils against the death penalty. Ingrid Delgado, FCCB associate director for social concerns and respect life, testified in opposition to the bill before a House committee last week. A letter highlighting the Conference's concerns with the bill was circulated to the sponsor and committee members.
Due to the COVID pandemic, volunteers have largely been unable to visit the imprisoned since mid-March. As of August 12, the Florida Department of Corrections (DOC) reports 12,988 inmates have tested positive for COVID-19 and 70 inmates have died due to the coronavirus. 1,866 DOC staff members, including Secretary Mark Inch and Deputy Secretary Ricky Dixon, have also tested positive. We invite you to pray this COVID-19 prayer of solidarity for all of them.
The U.S. Bishops, "...unequivocally state that racism is a life issue" (Open Wide Our Hearts, 2018). Tragically, the murder of George Floyd and so many other people of color like him shakes all of us into confronting that the dehumanization of black and brown people continues today.
On February 10, members of Floridians for Alternatives to the Death Penalty, Tallahassee Citizens Against the Death Penalty, and Witness to Innocence, a national organization of exonerees, visited the Capitol to advocate for the abolition of Florida's death penalty and for fair treatment of those sentenced to death after a wrongful conviction.
The FCCB is supporting several criminal justice reform measures that promote rehabilitation and restoration over retribution, and acknowledge the human dignity of all persons, even those who have caused harm.
Florida transfers more children to the adult criminal justice system than any other state. 98% of those minors are transferred by the process of direct file.
Florida transfers more children to the adult criminal justice system than any other state. 98% of those minors are transferred by the process of direct file.
Ingrid Delgado, FCCB associate for respect life and social concerns, joined juvenile justice advocates, parents and lawmakers at a press conference to encourage juvenile justice reform.
HB 1197 (Ahern) was passed unanimously by its final committee of reference, Judiciary, on Monday, February 21. The proposal provides for expungement of a juvenile's first-time misdemeanor after the offender completes a diversion program. The bill also allows for discretionary use of civil citations for adults. FCCB staff expressed support for the measure at the committee hearing. Companion bill, SB 1392 (Brandes), is in its final committee of reference, Appropriations.
SB 936 (Powell) passed its first committee of reference, the Senate Criminal Justice Committee (5-1). The bill revises the circumstances under which juveniles may be treated as an adult in the court system.