The Gainesville City Commission is currently creating a new ordinance that would preclude employers from rejecting a job applicant based solely on his or her arrest record.

The “fair chance hiring” ordinance applies only to businesses with fifteen or more employees and would prohibit a background check before making an offer of employment.

The ordinance would not do away with conditional offers of employment contingent upon a successful background check, drug screening, or other prerequisites that might be required.

Once drafted, the ordinance will be presented to the business community for comment.

Current law requires that a person serving prison time must serve at least 85% of their sentence, meaning that good behavior and gain time will only decrease the length of their sentence slightly. A recent Senate bill proposed by Senator Keith Perry would allow an incarcerated individual to only serve 65% of their sentence through “rehabilitative gain time.” To accompany this new type of gain time, the bill would also officially change the goal of the Criminal Punishment code from incarceration to rehabilitation.

A similar bill was introduced in the House as well: HB 235. This bill also proposes changing the minimum time served to 65% and introduces the concept of rehabilitative credits.

Gain time is generally used to incentivize good behavior and participation in certain programs and activities, and this bill would encourage prisoners to participate in programs specifically aimed at rehabilitation. This category appears to be relatively broad, encompassing GED classes, life skills, behavioral modification, mental health treatment, drug treatment, reentry training, and vocational training. Essentially any other “evidence-based program approved by the department that serves the purpose of reducing recidivism and assisting a prisoner reintegrate into society” would earn rehabilitative credit.

These rehabilitative credits will not be available to all offenders, although we will have to wait until the bill is fully debated and passed to determine which crimes will be included and excluded.

As of March 11, 2021, SB 1032 passed the Senate Criminal Justice Committee and was placed in the Senate Appropriations Subcommittee. Little action has been taken on companion-bill HB 235; it was referred to several subcommittee, but as of yet, it has not been passed by any of them.

Sadly, the bill died in Appropriations on April 30. Hopefully the issue will be raised again during next year’s legislative sessions; it is a change that criminal-justice reform advocates say is a long time coming.

A bill currently pending in the House would decrease the penalties for less serious offenses. For example, the bill would allow those charged with possession of less than 20 grams of cannabis or possession of paraphernalia to receive a mere civil citation and a fine of $100.  The bill would additionally allow violators to complete community service hours instead of paying civil fines, meaning there will be less of a burden on those who cannot afford to pay.

While the bill is definitely a move in the right direction, it has some built-in limitations. Officers still have the discretion to charge the offense as a misdemeanor; it is merely permissive that they could issue a civil citation instead. Additionally, a person may only receive a limited number of civil citations (2), and if the person contests the violation, they waive their smaller civil penalty and may instead receiving a larger penalty.

As of March 2, 2021, the bill has been filed in the house and has gone through its 1^st reading.

A Senate bill that would protect medical providers from claims related to COVID-19 is winding its way through the Florida Legislature, having been approved on February 10, 2021 by the Senate Judiciary Committee.  SB 74 requires a heightened standard of particularity in any civil action against a healthcare provider based on a claim related to the coronavirus and requires that the plaintiff prove “by the greater weight of the evidence” that the provider was either grossly negligent or engaged in intentional misconduct:

(a)  By failing to substantially follow authoritative or applicable government-issued health standards or guidance relating to COVID-19;

(b)  In interpreting or applying the standards or guidance with respect to the provision of health care or related services, or lack thereof, or the allocation of scarce resources or assistance with daily living; or

(c)  In the provision of a novel or experimental COVID-19 treatment.

The bill further imposes a one-year statute of limitations and immunizes providers from claims if “supplies, materials, equipment, or personnel necessary to comply with the applicable government-issued health standards or guidance at issue were not readily available or were not available at a reasonable cost.”

The House version of the bill differs in some ways, including the use of the “clear and convincing evidence” standard and the requirement that the plaintiff submit an affidavit by a physician averring that the virus-related damages occurred as a result of the defendant provider’s acts or omissions.

The bills are supported by the Florida Medical Association and the Florida Health Care Association.

One of the many new laws coming out of the 2020 legislative session, Senate Bill 1392 will significantly limit Florida circuit court appellate jurisdiction. Beginning January 1, 2021, civil and criminal appeals from county court decisions will be heard by the district courts of appeal. This means that cases will essentially skip the circuit court level of review and will be sent directly to the higher-level district courts. Some types of cases that may be impacted by this legislation include: 

• County civil disputes involving between $15,000-$30,000 
• Traffic offenses 
• Misdemeanor criminal charges 

Some people believe this change will be for the better, as district courts might be better equipped to handle the caseloads more efficiently and consistently.   According to the Senate Appropriations Committee, this change will help resolve the problem of having conflicting circuit opinions within the same circuit and the same district. Further, it may cost less for an individual to pursue an appeal, as the district courts may only charge $100 for a filing fee, whereas circuit courts may charge up to $280.    Circuit courts will still be able to review final administrative orders. 

The lawyers at Turner O’Connor Kozlowski, P.L. are equipped to handle appeals at all levels of Florida state and federal courts. Please call us at (352) 372-4263 if you are considering filing an appeal in your case.