Articles

Effective May 1, 2017, a temporary program under Florida law allowing children in foster care to obtain driver licenses has been amended and made permanent.  Chapter 2017-8, Laws of Florida, amends parts of Chapters 409, 39, and 322 of the Florida Statutes.  What was originally a 3-year pilot program authorizing the Department of Children and ..Read More>>

Commonly referred to as the “10-20-Life” Law, Section 775.087 of the Florida Statutes provides mandatory penalties for the possession or use of a firearm or a destructive device during the commission of certain felonies.  The listed felonies are: Murder; Sexual Battery (Rape); Robbery; Burglary; Arson; Aggravated Battery; Kidnapping; Escape; Aircraft Piracy; Aggravated Child Abuse; Aggravated ..Read More>>

The Florida Department of Law Enforcement maintains data for reported crimes and arrests throughout the State of Florida.  Here are some interesting statistics for arrest data for Volusia County, Florida.  In the first six months of 2015 local law enforcement agencies reported the following arrest statistics: Law Enforcement Agency Total Arrests Adult Arrests Juvenile Arrests ..Read More>>

Nebbia Holds

February 25, 2016

When Bond is set in a criminal case (usually at the First Appearance Hearing), the Judge can place a condition on the Bond requiring the Defendant to satisfy the “Nebbia requirements.”  This is commonly referred to as a “Nebbia Hold,” based on the federal case of U.S. v. Nebbia, 357 F.2d 303 (2nd Cir. 1966).  A ..Read More>>

On December 17, 2015 eighty-two Democratic members of Congress introduced a Resolution which, among other things, “denounces in the strongest terms the increase of hate speech, intimidation… and other hate crimes” against Muslims.  This language in House Resolution 569 perpetuates the false notion that “Hate Speech” is a category of speech which is not protected ..Read More>>

In light of the recent terrorist shooting in San Bernardino, California, the U.S. Attorney General announced that anti-Muslim rhetoric which “tends toward violence” would be prosecuted. Many have asked, “Can they do that without violating the First Amendment?” The clear answer from the Supreme Court is “No.” While the right of Free Speech does not ..Read More>>

The general rule in Florida is that it is illegal to intercept, record, or disclose wire, oral or electronic communications. Under Chapter 934 of the Florida Statutes, a person who uses a hidden microphone or other device to listen to, record or transmit another person’s communications may be subject to criminal penalties as well as ..Read More>>

On June 11, 2015 Governor Scott approved a new law restricting the use of tracking devices. The new law, designated Chapter 2015-137, Laws of Florida, creates Florida Statutes Section 934.425 and amends Florida Statutes Section 493.6118. This new law prohibits the installation of tracking devices or tracking applications (software program whose primary purpose is to track or identify ..Read More>>

Effective July 1, 2015, Florida’s Drone Law, the “Freedom From Unwarranted Surveillance Act,” has been amended. Chapter 2015-26, Laws of Florida, amends Section 934.50 of the Florida Statutes. As originally passed in 2013, the law prohibited law enforcement agencies from using drones to gather evidence or other information, and provided for certain exceptions (such as ..Read More>>

Florida has a new law that allows Court-ordered visitation for grandparents and great-grandparents in certain limited situations: if the parents are deceased, missing or in a coma; or if one parent is deceased, missing or in a coma and the other parent has been convicted of a felony or a violent crime demonstrating a threat ..Read More>>