Public Safety and Smart Justice

LEGISLATION THAT PASSED

Emergency Preparedness and Response Fund – This Fund, created in 2022 to provide the Governor with funds to spend on declared emergencies, terminated on February 17, 2026. Nearly $5 billion has been spent through the Fund. In Week 5, the Senate passed SB 7040 to re-create the Fund until December 31, 2027. The bill passed despite objections that the Fund lacked adequate controls and concerns over the amount spent on non-natural disasters (immigration enforcement) and some of the items it was spent on. Just as it appeared the House would not act and the fund would end, a budget conforming bill (HB 5503) recreating the fund retroactive to February 17 was filed. The House bill added some guardrails, allowing it to be used for declared natural, manmade, or technological emergencies, subject to legislative oversight. Purchasing aircraft, boats, or motor vehicles would be prohibited. Interest earned on the fund and federal reimbursements must be deposited into General Revenue. The bill requires quarterly reporting to the Legislature on fund balances and assets. The fund’s termination would be extended to July 1, 2030. When it became clear that the budget would not be finished any time soon and the Fund had already expired, the House and Senate decided not to wait until budget conference. The Senate passed its bill that simply recreated the Fund. The House changed it to their bill with the restrictions. The Senate moved up the new expiration date to July 1, 2028 and allowed funds to be used for short-term vehicle leases in emergencies. The House concurred.

Inmate Services – HB 913 requires funds in the Contractor-Operated Institutions Inmate Welfare Trust Fund to be used exclusively to provide for programs to aid inmates’ reintegration into society or environmental health upgrades to facilities, including fixed capital outlay for repairs and maintenance that would improve environmental conditions. The trust funded is funded by net proceeds from inmate canteens, vending machines, phone commissions, and similar sources. The House sponsor filed the bill, in part, because “current law has not kept pace with the real costs of inmate care and facility maintenance.” The bill was amended to remove provisions to standardize reimbursement for inmate medical services by aligning costs with applicable Medicaid rates. HB 913 passed both chambers unanimously. 

Inmate Job Training – HB 325 expands the career and technical education authorized under the Correctional Education Program by adding commercial driver license (CDL) training to the programs that may be implemented at state correctional facilities. The curriculum must include training for Class A and Class B CDLs and limits participation in the program to nonviolent inmates who have two years or less remaining to serve on their sentence and who are proficient in English. The shortage of commercial truck drivers is a national problem, and Florida currently has 16,000 drivers job openings. Florida TaxWatch supports programs that prepare inmates to successfully reintegrate into society and achieve gainful employment. HB 325 was approved by both chambers.

Clerks of the Court Funding – HB 925 will increase revenues going to the clerks, who are plagued by budget shortfalls. The House and Senate proposed different approaches to address this issue. HB 925 increased the per-petition reimbursement amount from $40 to $195 for certain filings and expanded the types of filings eligible for reimbursement. For civil traffic violations that occur within the municipality’s jurisdiction, the portion of the fee remainder paid to the Clerk would increase from 5.6 percent to 28.2 percent. The amount going to the municipality would decrease. SB 532 allowed the clerks to retain all the funds they collect above the Revenue Estimating Conference’s original Article V revenue projection. Currently the excess funds are split 50/50 between the clerks and General Revenue. The clerks must hold 10 percent of the funds in reserve until it reaches 16 percent of budget authority. The Senate replaced the language in HB 925 with the language in SB 532 and sent the bill back to the House. The House concurred.

Problem-Solving Courts – Florida created the model for problem-solving courts when it created the nation’s first drug court in Miami-Dade County in 1989.  Many other types of these courts have since been developed, including adult drug courts, dependency drug courts, early childhood courts, juvenile drug courts, mental health courts, and veterans courts. Florida TaxWatch supports these courts because of their focus on treatment instead of incarceration for non-violent criminals and their ability to reduce recidivism. However, improved evaluation of these programs is needed. SB 820 requires additional data be presented in the annual problem-solving court reports prepared by the Office of the State Courts Administrator. The bill creates new data reporting requirements for early childhood and veterans treatment courts programs and improves data reporting requirements for mental health courts and drug courts. SB 820 was approved by the House and Senate.