New Florida laws that go into effect on January 1, 2024
Stream FOX 35 News
ORLANDO, Fla. - Five new Florida laws will go into effect on Jan. 1, 2024.
Among the bills approved by the Florida Legislature and signed by Gov. Ron DeSantis is legislation that modifies existing statutes that outline bail and pretrial release. Another bill shifts child protective investigations from seven sheriff’s offices back to the Department of Children and Families (DCF).
Two bills pertain to persons with disabilities, one of which allows local law enforcement to create and keep a database named the "Persons with Disabilities Registry" and outlines exemptions to what information entered into the Persons with Disabilities Registry won't be part of public records.
For Floridians who like to enjoy the state's 175 public parks, there will be changes to reservations for park cabins and campsites, including RV, tent, boat, and equestrian sites.
Pretrial Release and Detention
House Bill 01627 makes changes to how bail and pretrial release will work in Florida and clarifies who can set or alter bail.
It amends existing law so that only a judge can decide on a defendant's bail – whether it's setting it, lowering it, or changing it in any way.
The legislation requires the Florida Supreme Court to create a standard statewide bond schedule while also permitting a chief judge in any one of the state's 20 judicial circuit courts to seek permission to have a local bond schedule with a lower bond amount than what's in the statewide schedule. If needed, a local chief judge may establish a local bond schedule that sets a higher bond than what's in the standard schedule.
The bill also changes things about pretrial detention.
There are new rules about when someone can't be released before their first appearance in court. When deciding on bail, the court now has to consider certain criteria and can add conditions other than money, like community service or counseling.
For example, if a defendant violates any conditions of their release, the court can revoke it and order them to stay in detention before their trial. The bill also expands the definition of "dangerous crimes" to include things like DUI manslaughter, trafficking fentanyl, extortion, and threats to kill.
Additionally, if someone is arrested for a serious crime, like a capital felony, and the court thinks there's a good chance they committed the crime, the state attorney or the court must request pretrial detention. If the court believes the defendant poses a significant risk or danger to the community, or if they might not show up for trial, they can order pretrial detention.
The police can also hold someone before their first court appearance if they have been arrested for a crime that might lead to pretrial detention.
If the defendant posts bail but ends up in pretrial detention later, they won't get their bail premium back. Different rules apply to what evidence can be used at these detention hearings.
If there's new information that wasn't known during the initial detention hearing, either party can ask for a reconsideration of the detention order before the trial starts.
Sheriffs Providing Child Protective Investigative Services
House Bill 7061, which passed unanimously in both chambers of the Florida Legislature, moves the responsibility for child protective investigations from seven sheriff’s offices back to the Department of Children and Families (DCF).
Right now, these offices in Pinellas, Manatee, Broward, Pasco, Hillsborough, Seminole, and Walton counties handle these investigations, but once the bill takes effect, only the DCF will handle child protective investigations across the entire state.
This bill lays out the details of this transition, what happens to existing records, money, and facilities, and how grants and finances will be handled in the transfer.
It also allows sheriff's office employees to transfer employment to the DCF. If one is currently working for one of these sheriff's offices providing child protective services, and in good standing, that person will have the choice to move over to the DCF.
Also, if there are any legal claims or lawsuits related to these investigations before the transfer date, the sheriff's office will handle them according to the existing agreements. However, after the transfer date, it's all on the DCF to handle those legal issues.
The bill is expected to have a big impact on the state's budget, which has been addressed in SB 2500, the General Appropriations Act for the Fiscal Year 2023-2024.
Persons with Disabilities Registry
Also known as the "Protect Our Loved Ones" Act, House Bill 1275 gives the green light to local law enforcement to create and keep a database named the "Persons with Disabilities Registry."
The database is for people who might have certain disabilities or conditions that could be important during their interactions with the police -- conditions like autism spectrum disorder, Alzheimer’s disease, Down syndrome, and other similar conditions.
Here's how it works: If you're an adult with a disability, you can put yourself on this registry. If someone can't make decisions for themselves due to their disability, their parent or legal guardian can add them to the registry. Also parents or guardians can also add minors and those who can't make decisions for themselves voluntarily.
The registry will include details about the person's disability or condition, their contact information, and who enrolled them in the registry. However, before someone gets listed as having a disability, it needs to be confirmed by a licensed doctor, nurse, psychologist, or counselor.
When a minor or someone unable to make decisions gets signed up, law enforcement needs proof that the person signing them up is their parent or legal guardian, which can be in the form of a birth certificate, a legal document granting power of attorney, a court order, or guardianship letters.
If someone's put on the registry without being able to decide for themselves, they get a notification about it within five business days. Once on the registry, one will stay there unless someone with the authority – like a parent, guardian, or the person themselves once they turn 18 – decides to take them off.
If someone wants to be removed from the registry, they just need to ask the local law enforcement agency, and within five business days, their info will be taken off.
This act also lets law enforcement officers access this registry info to help them do their jobs better. It's all about making sure officers know how to handle and treat people respectfully if they're on the registry and have a disability or condition.
Persons with Disabilities Registry Exemptions
House Bill 012077 is a companion bill to the "Protect Our Loved Ones" Act that outlines exemptions to what information entered into the Persons with Disabilities Registry won't be part of public records. Here's what's getting exempted:
- Records
- Data
- Information
- Correspondence
- Communications
And it's not just limited to the main registry. Any similar local registry that a law enforcement agency might have, whether it was there before or after this bill, also gets this exemption.
There are, however, exceptions to this rule. The information can be shared under certain circumstances, like if there's a good enough reason shown in court or if it's essential for the responsibilities of law enforcement agencies, county emergency management agencies, local fire departments, and other local, state, or federal agencies.
Nevertheless, whichever agency gets this information must keep it as exempt, just like it was before. Also, this bill has a part about reviewing these changes later on, as required by the State Constitution.
State Park Campsite Reservations
The Division of Recreation and Parks, part of the Floria Department of Environmental Protection, oversees 175 state parks. These parks are huge, covering almost 800,000 acres and about 100 miles of coastline.
Last year, Florida parks drew approximately 32 million visitors, most of whom were Florida locals, making up around 61% of the overnight guests. There are camping spots in 57 state parks, and 52 of them have accommodations for RVs.
If you're planning a trip to any of these parks, you can book your spot up to 11 months in advance – whether you're a Florida resident or not. They open up new dates for booking every day at 8 a.m., and if someone cancels their booking, any freed-up spots become available again randomly throughout the day.
House Bill 00109 will allow Florida residents to make reservations for state park cabins and campsites, including RV, tent, boat, and equestrian sites, up to 11 months in advance, just like before. However, for out-of-state residents, they will be allowed to book up to 10 months ahead. If a Florida resident wants to reserve a spot more than 10 months in advance, they will need to show their Florida driver's license number or their Florida ID card number to prove they're a resident.
This bill won't really cost the state much as it can be absorbed into existing resources.