Evelyn here,
with an news release from Attorney General Bill McCollum about tis legislative session successes.
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Bill McCollum
Attorney General
News Release
May 2, 2008
Attorney General Announces Successes in 2008 Legislative Session
~ McCollum praises lawmakers for commitment to public and consumer safety ~
TALLAHASSEE, FL – Attorney General Bill McCollum today extended his
thanks to state lawmakers for partnering with him on a wide range of bills
that greatly enhance public safety and consumer protection for Floridians.
“I appreciate the tremendous efforts made by our lawmakers to improve
the quality of living here in Florida,” Attorney General McCollum said.
“They have clearly demonstrated their commitment to keeping Floridians safe
through the passage of several bills that will create new protections
stretching from the neighborhoods to the store shelves.”
The Attorney General’s priority pieces of legislation which passed
during the 2008 Session include:
- Gang Legislation (HB 43): This comprehensive legislation contains
provisions that target gang kingpins by making it a first-degree felony
punishable by life imprisonment for directing criminal gang-related
activity; strengthen witness protection laws by using the underlying
criminal act as the starting benchmark for tampering and harassment
penalties; and make it a first-degree felony punishable by life
imprisonment for a gang member who is also a convicted felon to be in
possession of a firearm. Many of the provisions in this legislation were
based on recommendations of the 2007-2008 Statewide Grand Jury. The
legislation also creates the Coordinating Council on Criminal Gang
Reduction Strategies, chaired by the Attorney General, which will develop a
statewide strategy to reduce gangs and coordinate its implementation with
state and local agencies. The legislation will take effect October 1, 2008
if signed into law by the Governor. Sponsors: Senator Jeff Atwater (R-Palm
Beach Gardens) and Representative William Snyder (R-Stuart).
- Exploited Children’s Rights Act (SB 1442): This legislation allows
victims of Florida-based child pornography to seek civil remedies of no
less than $150,000 against individuals who download or distribute their
images, and allows the Attorney General’s office to pursue these cases on
behalf of the victims at the victim’s request. The legislation also gives
victims of child pornography a voice in state court by allowing them to
submit victim impact statements in cases where their images of sexual abuse
were downloaded. The legislation will take effect October 1, 2008 if signed
into law by the Governor. Sponsors: Senator Paula Dockery (R-Lakeland) and
Representative David Rivera (R-Miami).
- Marijuana Grow House Eradication Act (HB 173): This legislation makes
it a second-degree felony to grow 25 or more plants, targeting growers who
attempt to exploit the current state threshold of 300 plants. The
legislation also makes it a third-degree felony to own a house knowing it
is used for the purpose of cultivating, packaging and distributing
marijuana, and a first-degree felony to grow 25 or more plants with
children present. Under the legislation, law enforcement officers are also
permitted to introduce photographs of large, cumbersome growing equipment
as evidence at trial instead of having to store the equipment in county
facilities. The legislation will take effect July 1, 2008 if signed into
law by the Governor. Sponsors: Senator Steve Oelrich (R-Gainesville) and
Representative Nick Thompson (R-Ft. Myers.
- Foreclosure Fraud Protection Act (HB 643): This legislation protects
and educates consumers on their rights when they are signing a contract
with a foreclosure rescue entity and includes additional protections for
homeowners who face foreclosure. Key provisions of the bill include the
creation of a three-day right-of-cancellation period and the requirement
that foreclosure rescuers include – in large, bold font – notification to
homeowners of this right of cancellation on the contract. The contract must
also include a recommendation that the homeowner contact the lender or
mortgage servicer prior to signing the agreement, and it must inform the
homeowner that the consultant is prohibited from accepting any form of
payment until all services are completed. Furthermore, the legislation
permits enhanced remedies for consumers under Chapter 501, Florida
Statutes. The legislation will take effect October 1, 2008 if signed into
law by the Governor. Sponsors: Senator Mike Fasano (R- New Port Richey) and
Representative Clay Ford (R-Pensacola).
- Anti-Counterfeiting Act (HB 1417): This legislation targets those who
manufacture, distribute or possess counterfeit goods with the intent to
sell them. Key provisions of the bill include enhanced penalties for those
whose counterfeited goods cause bodily injury, serious bodily injury or
death and a tiered penalty system based on the quantity or the total retail
value of counterfeit goods knowingly manufactured, possessed or sold. The
legislation will take effect October 1, 2008 if signed into law by the
Governor. Sponsors: Senator Alex Diaz de la Portilla (R-Miami) and
Representative Andy Gardiner (R-Orlando).
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Evelyn out.
