New Florida laws on Oct 1 crack down on public sleeping, theft, more

As of Tuesday, sleeping or camping on public property in Florida will no longer be allowed by local governments or municipalities and homeless camping areas must be set up to accommodate homeless people.

It’s just one of 34 new laws going into effect on Oct. 1, including penalties for porch pirates; law enforcement training on communication with people with Alzheimer’s or dementia; mandatory retention of rape kits; increased penalties for frauds against seniors, immigrants committing crimes, sexual predators and digital voyeurism; mandatory flood disclosures for home sellers, free wallet cards for people who have filed restraining orders, and new license plates, among others.

Here’s what’s changing.

SB 86: Hope Cards

Currently, anyone who has received a protective order must produce paperwork to prove it to law enforcement if incidents arise.

The Hope Card program requires clerks of the circuit court to provide, upon request and for free, either digital or laminated Hope Cards with information about the injunction including names and birthdates of the protected person and the person being blocked, the case number, the date the injunction was issued and the expiration date, if any.

SB 92: Yacht and Ship Brokers’ Act

This bill redefines yachts in Florida law to mean specific vessels manufactured or operated primarily for pleasure that are leased, rented or chartered to someone other than the owner. It also states brokers who primarily operate in another state don’t need to have a license here if they buy a yacht from a Florida-licensed broker.

HB 341: Safeguarding American Families Everywhere (SAFE) Act

This allows Florida families to register their vehicle as a “SAFE vehicle,” which lets first responders know a child inside has a disability or disorder:

Autism
ADHD
Down syndrome
Alzheimer’s disease
Traumatic brain injury
PTSD
Diabetes
An autoimmune disorder
Deafness
Blindness
Any other mentally or physically limiting disorder

Personal or medical information would not be provided, only that a child in the vehicle may not respond as expected.

HB 403: New License Plates

This is the one that got us the Margaritaville specialty license plate. Other specialty plates that the law authorizes include:

Live the Dream: Benefits the Historic Cemeteries Program
American Eagle: No benefitting organization listed
Universal Orlando Resort: Benefits Give Kids The World, Inc.,
Clearwater Marine Aquarium: Benefits efforts to reduce, rehabilitate and release marine life, public education and other conservation strategies.
General Aviation: Benefits the Aerospace Center for Excellence in Lakeland
The Villages: May All Your Dreams Come True: Benefits The Villages Charter School Inc.
Cure Diabetes: Benefits The Diabetes Research Institute Foundation, JDRF International Incorporated, and the University of Florida Diabetes Institute
Recycle Florida: Benefits the Florida Today Foundation, Inc.
Boating Capital of the World: Benefits Captain Sandy Yawn, Inc. to promote and fund maritime workforce assistance
Project Addiction: Reversing the Stigma: Benefits Project Addiction program to promote and support awareness of and education about substance use disorder and mental illness.
United Service Organizations (USO)

HB 479: Alternative Mobility Funding Systems and Impact Fees

This bill defines “mobility fee” and “mobility plan” for local government options in the state’s Community Planning Act of 2011.

Also known as The Invest Local Act, this bill tweaks a lot of things in the Florida Securities and Investor Protection Act to improve investor protection and help small businesses raise capital, including a variety of exemptions and some changes to bring some state provisions in line with recent federal changes.

HB 549: Theft Crimes

HB 549 targets “porch pirates,” retail theft and organized looting of businesses by increasing penalties, despite a 30% drop in shoplifting in the state in roughly the last five years.

Theft of less than $40 is a first-degree misdemeanor for the first offense, a third-degree felony for subsequent offices
Theft from between $40 and $750 is a third-degree felony, punishable by up to 5 years in prison (it was $100 to $650 before)
Anyone stealing from a business along with five or more people faces a third-degree felony, which becomes a second-degree felony punishable by up to 15 years in prison if they used social media to solicit help
Thieves face a first-degree felony and up to 30 years in prison if they have two or more previous retail theft convictions or if they use a gun while committing the theft.
Multiple retail thefts can be charged as a felony if they occur within 120 days, up from the previous 30

SB 718: Fentanyl Exposure

Under this bill an adult who “recklessly exposes a first responder to dangerous fentanyl or fentanyl analogs” and causes an overdose or serious bodily injury commits a second-degree felony punishable by up to 15 years in prison.

According to national medical experts, however, first responders being exposed to fentanyl isn’t a problem that needs legislation. Instead, they say, this law could discourage bystanders or family members from calling for help during an overdose.

SB 758: Tracking Devices and Applications

Makes it a third-degree felony, punishable by up to five years in prison, if a person or business places a tracking device on someone’s person or property without their consent. Exemptions are added for law enforcement officers during an investigation, parents or legal guardians of a minor, caregivers of disabled adults or elderly people, or owners of a motor vehicle (although it must be removed if the vehicle is sold).

SB 764: Retention of Sexual Offense Evidence

Requires that sexual offense evidence kits or other DNA evidence taken from someone who did not report a sexual offense to law enforcement during a forensic exam and did not ask for it to be tested must be kept for a minimum of 50 years after the collection date. The facility that collected the kit or evidence must send it to the Florida Department of Law Enforcement within 30 days of collection.

HB 801: Alzheimer’s Training for Law Enforcement and Correctional Officers

Requires the FDLE to establish online, continued training for law enforcement and correctional officers on:

How to interact with people with Alzheimer’s disease and other forms of dementia
How to recognize behavioral symptoms and characteristics
Effective communication
How to use alternatives to physical restraints
How to identify signs of abuse, neglect, or exploitation

The bill includes some specifics on how the training should be developed. Completion may count toward the 40 hours of instruction required for continued employment.

SB 808: Treatment by a Medical Specialist

First responders and correctional officers may receive medical treatment from licensed specialists for certain conditions related to tuberculosis, heart disease, or hypertension and get reimbursed at no more than 200% of the Medicare rate for such care. Unless it’s an emergency situation, the person must provide written notice of the specialist selection to their compensation carrier, self-insured employer or third-party administrator for approval within five days.

SB 902: Motor Vehicle Retail Financial Agreements

Creates the Florida Vehicle Value Protection Agreements Act, which regulates auto dealers who use retail installment contracts with buyers and requires them to be in writing and include information such as the amount financed, any finance charges, total amount of payments, total sale price and payment details.

Also regulates optional guaranteed asset protection products (GAP) to prevent excessive or duplicate charges, among other things.

HB 1007: Nicotine Dispensing Devices

The state has determined that some nicotine-dispensing devices (e-cigs, electronic cigars or pipes, etc) are more attractive to children than originally thought due to packaging and marketing that “uniquely appeals to minors” with bright colors, cartoon characters, or parodies of famous brand items like candy or cereal.

The bill authorizes the Attorney General to create a directory listing those devices and prohibits businesses from selling them. Retailers will have 60 days to remove the devices from sale or face daily $1,000 fines.

SB 1036: Criminal Penalties

Increases criminal penalties for immigrants committing crimes after entering Florida illegally from other countries a second time after being deported.

A third-degree felony (up to 5 years in prison) will be charged as a second-degree felony (up to 15 years in prison) for those who have previously been deported.
Second-degree felonies (up to 15 years in prison) will now be charged as first-degree felonies (up to 30 years in prison).
And first-degree felonies (up to 30 years in prison) will be charged as a life felonies for those individuals.
Under Florida Senate Bill 1036, there will be enhanced penalties for undocumented immigrants found guilty of participating in drug cartel activities.

HB 1049: Flood Disclosure in the Sale of Real Property

Requires sellers of residential property to provide flood disclosure at or before a sale. Seller must notify buyers that homeowners’ insurance policies do not include coverage for damage resulting from floods, whether or not the seller has filed a claim relating to flood damage, and whether or not the seller has received federal assistance for flood damage to the property.

HB 1171: Schemes to Defraud

Makes the penalties for crimes of fraud committed against minors, people 65 years old and older, or against a person with a mental or physical disability harsher: first-degree misdemeanors become third-degree felonies, third-degree felonies become second-degree felonies, second-degree felonies become first-degree feloniesm and first-degree felonies are reclassified to a life felony.

The bill also allows someone whose image or likeness was used without their consent in a scheme to defraud to sue and recover damages.

HB 1235: Sexual Predators and Offenders

The bill creates stricter registration guidelines for sexual offenders and predators, increases oversight of residences and requires offenders and predators to register temporary and transient housing addresses, including houseboats and cars. It also requires any international travel to be reported ahead of time and makes it more difficult to qualify for registration removal.

This bill prohibits local municipalities from allowing people to camp or sleep on public property and requires them to designate a specific public space for camping and sleeping with approval from the Florida Department of Children and Families that includes security, behavioral health services and bathrooms with running water.

Failure to do so will allow businesses and residents to sue local governments.

Supporters say it is compassionate conservatism and puts efforts where they are needed. Critics say it creates forced internment camps with the goal of getting unhoused people out of sight.

HB 1389: Digital Voyeurism

This bill changes “video voyeurism” in state law to “digital voyeurism” and increases the penalties:

Creation of hidden and nonconsensual images or recordings of someone privately exposing their body
- First-degree misdemeanor for offenders aged 18 and younger
- Third-degree felony for offenders 19 and older
Distributing or selling such material is a third-degree felony
Subsequent offenses are second-degree felonies

If the offender is 19 years old or older and commits the offense against a family or household member or holds a position of authority or trust over the person, the felony charge is increased to the next highest one.

HB 1415: Peer Support for First Responders

House Bill 1415 amends state law to include correctional officers in peer support for first responders.

HB 1545: Child Exploitation Offenses

This bill creates a new offense, harmful communication to a minor, a third-degree felony punishable by up to five years in prison. It also increases penalties for child exploitation crimes, such as promoting sexual performances or possessing child sexual abuse material.

SB 1628: Local Governments

Senate Bill 1628 revises 2023’s SB 170 and requires local governments to file a business impact estimate for any ordinances that relate to a comprehensive plan amendment or land development regulation if it’s initiated by a municipality or county. The estimate must include:

A summary of the proposed ordinance and how it would serve the public
An estimate of the direct economic impact on private for-profit businesses, including any direct compliance costs, new fees or regulatory costs
An estimate of how many businesses are likely to be affected

Public Records exemptions

Under the Open Government Sunset Review Act, certain public records have been exempted from Florida’s public records requirements but each exemption was created to expire this year. These bills update exemptions for the following categories:

HB 7001: Identifying information about people reported cases of child abuse, abandonment or neglect
HB 7003: Identifying information about preregistered voters who are minors
HB 7005: Secure login credentials and certain financial disclosures from the Commission on Ethics, an independent board that maintains financial disclosure filings for public officers, some public employees and candidates for public office
SB 7006: Security information and customer meter-derived information for municipal utilities
HB 7007: Details of campus emergency response to terrorist attacks or public safety emergencies such as evacuation plans, vulnerability reports, etc.
SB 7008: Florida Lottery security details, information about games, and identifying information from retailer or vendor background checks
HB 7009: Petitions for voluntary and involuntary admission for mental health treatment, related records, court orders and personal identifying information
HB 7043: Identifying information about “agency personnel,” including first responders, state attorneys and public defenders

There are also local changes, like HB 509, which amends the Collier Mosquito Control District boundaries, HB 819 which does the same for the Lehigh Acres Municipal Services Improvement District. and HB 1025, which adds 12-year lifetime term limits for Municipal Service District of Ponte Vedra Beach Trustees and increases the threshold for capital projects that require voter approval.

Contriuting: Tyler Vazquez, Florida Today

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