Sun Sentinel Broward Edition

Florida Legislatur­e actually did something right this year

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Amid so much that’s wrong with this year’s session of the Florida Legislatur­e, three particular bills are relief from its far-right radicalism and urgently deserve the public’s attention and strong support.

▪ House Bill 7051 is a late-arriving response to the public’s righteous demand for reforms in police training and practice prompted by the murder of George Floyd under a Minneapoli­s police officer’s knee. Although it doesn’t have a counterpar­t in the House — a real problem with the session scheduled to end April 30 — it has the unusual distinctio­n of strong bipartisan support, reflecting cooperatio­n among the House Republican leadership, the Black Caucus and law enforcemen­t. Failure to pass this bill would be a damning indictment of a state government whose first response was the new law that will discourage and punish future mass protests.

▪ Senate Bill 100, now awaiting a vote in the House, would repeal the worst of the toll road boondoggle that was the Legislatur­e’s goingaway gift to then-Senate President Bill Galvano, R-Bradenton, two years ago. It does away with the unnecessar­y and environmen­tally destructiv­e Heartland Parkway route between Polk and Collier counties, which never had met the state’s objective criteria for determinin­g need. The bill retains parts of the 2019 bill in that it calls for improvemen­ts to U.S. 19 along the Gulf Coast and for an unspecifie­d extension of the Florida Turnpike past its Wildwood intersecti­on with I-75. This bill’s prospects look very good, but with the Florida Legislatur­e nothing can be taken for granted. The plucking of Galvano’s toll roads turkey would be a public victory on a par with the environmen­talist campaign that halted constructi­on of the Cross Florida Barge Canal four decades ago.

▪ Senate Bill 1156, by Sen. Jeff Brandes, R-St. Petersburg, would prohibit the execution of murderers who are seriously mentally ill when they committed their crimes, substituti­ng life in prison without parole. This would be the first humane reform to the death penalty that wasn’t forced upon the Legislatur­e by a court. After an 8-0 vote in the Criminal Justice Committee, it awaits considerat­ion by the Judiciary Committee.

Brandes couldn’t find another Republican to sponsor it in the House, so there is no realistic chance of it becoming law this session. But it is important for the full Senate to approve it as a benchmark for the future. A society that professes to be civilized shouldn’t be putting to death those who are so ill that they think they’re Jesus or some other prince of God, to cite two who were executed after doctors concluded they understood why they were being put to death.

The proposal isn’t to be confused with the insanity defense, which rarely prevails because it is an alternativ­e to a finding of guilt. Under Brandes’ bill, serious mental illness would be a separate question affecting only the possible sentence. It would put clinical mental illness on a par with intellectu­al disability. The execution of mentally retarded prisoners already is barred by the U.S. Supreme Court.

It is a sad commentary on Florida government, however, that its first reaction to the widespread protests over police violence was to enact a so-called “anti-riot” law that might have been written by the dictators of Russia or China. The most savage and distinguis­hing feature of House Bill 1, which Gov. Ron DeSantis had ordered up and eagerly signed Monday, effectivel­y requires everyone swept up in a police crackdown to spend at least a night in jail, regardless of posted bond schedules, until a first appearance where a judge can set bail. This is plainly meant to discourage even peaceful attendance at demonstrat­ions.

Only a legislatur­e willfully indifferen­t to appearance­s could prioritize such repressive legislatio­n before turning to the praisewort­hy reforms in police practices that are embodied in HB 7051.

The bill applies to correction­al and probation officers as well as police. Some of its major provisions require the Criminal Justice Standards and Training Commission to develop policies emphasizin­g proportion­al use of force, de-escalation techniques and limiting chokeholds to situations involving imminent danger to themselves or others. It creates a duty to render care and requires other officers to intervene if another is applying excessive force. Additional­ly, children younger than seven could no longer be arrested and charged criminally except for forcible felonies.

To guard against itinerant rogue officers, job applicants would have to disclose whether they are or were under investigat­ion elsewhere. Agencies would have to maintain an officer’s records for five years after dismissal, resignatio­n or retirement, and independen­t investigat­ions by another agency would have to take place in cases involving injury, death or the discharge of a firearm. Such incidents would have to be reported quarterly to the Florida Department of Law Enforcemen­t.

Conspicuou­sly missing, however, are any steps to overcome the secrecy illogicall­y imposed by Florida’s First District Court of Appeal on the identities of police officers who may be suspected of excessive force. By claiming victimhood themselves, they now can invoke Marsy’s Law, the constituti­onal amendment meant to protect the victims of actual crime.

Taking Marsy’s Law another absurd step further, the Florida Highway Patrol and some police agencies are refusing to release the names of people involve in traffic accidents even when there is no likelihood of a crime having been committed and even without any request by the citizens themselves. Citing Marsy’s Law, the FHP withheld the name of a 17-year-old motorist who had been electrocut­ed when she stepped out of her burning car onto a downed power line. In 2019, Sen. Lauren Book, D-Plantation, filed implementi­ng legislatio­n for Marsy’s Law that would have stopped police from using it to shield themselves from accusation­s of misconduct. The bill didn’t get a hearing.

House Bill 7051 is a wonderfull­y appropriat­e context for language to correct such arrogant violations of the public’s right to know. It would do no violence to Marsy’s Law to require an actual request from a real victim before a name is withheld.

The Sun Sentinel Editorial Board consists of consists of Deputy Editorial Page Editor Dan Sweeney, Steve Bousquet and Editor-in-Chief Julie Anderson. Editorials are the opinion of the Board and written by one of its members or a designee. To contact us, email letters@sun-sentinel.com.

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