Florida's "Better Safe Than Sorry" Legal Standard for Confiscating Your Property---and other cases on the radar screen

A number of intriguing cases are percolating within several county and district courts in Florida. As is my practise I've included court names, case numbers and styles to assist any of you legal wonks who enjoy researching these cases.

Here's a summary of the legal actions we're following:

Photography is not a crime

Case No.: 2:19-cv-0484 in United States District Court, Middle District of Florida: On October 31, 2019 the City of Punta Gorda responded to the plaintiffs motion for preliminary injunction to a lawsuit in federal court pertaining to a recording prohibition contained within Chapter 15 of the City Code. 

In court filings reviewed by County Examiner, the City asserts only persons who engage in legitimate public business with city officers or employees are authorized to access certain public properties,therefore someone who is a non-resident wouldn't and doesn't have a constitutional right to use public spaces at all times and under all circumstances.

Non-US Citizens Can't Get their Story Straight at U.S, Port of Entry

Miami Dade County, cases F-19-020143 through 146 involve four flight attendants arrested at Miami International Airport in October 2019 on charges of money laundering and unauthorized money transfer. Court records reveal all four are subject to immigration holds and are due back in court for arraignment on November 20, 2019.

Was it terrorism?

Case 1:19-cr-20603 in United States District Court, Southern District of Florida: a jury trial date is set for December 9, 2019 before Judge Marcia Cooke for Abdul Majeed Marouf Ahmed Alani. The former American Airlines mechanic was charged with sabotaging an airplane in July 2019. Few news outlets other than County Examiner reported on and published court documents revealing the presence of an Arabic translator during courtroom proceedings. 

Florida's "Better Safe Than Sorry" Legal Standard for Confiscating Your Property

Florida's Second District Court of Appeals heard oral arguments in case number 18-4631 styled DTM v Grady Judd, Sheriff of Polk County challenging the states' risk protection order act section of SB 7026. 

In her brief and arguments before the court, Orlando attorney Kendra Parris makes public the Constitutional concerns set forth in this firearm confiscation act, specifically the due process and vagueness concerns, the selective application and unlawful delegation of legislative and prosecutorial authority in violation of the Florida Constitution.

In Jefferson Eugene Davis v Gilchrist County Sheriff's Office, case 1D18-3938 Florida's First District Court of Appeals upheld the statutes constitutionality, finding no abuse of discretion or denial of due process. I'm forecasting the ERPO Act will eventually end up in front of the Florida Supreme Court.

Visa Overstay charged with First Degree murder of Fort Myers Police Officer

A competency hearing is scheduled for December 19, 2019 in case 2018-CF-017498 styled The State of Florida v Wisner Desmaret. 

Lee County Court records reveal an ICE (Immigration and Customs Enforcement) hold placed on the man facing first degree premeditated homicide of a Fort Myers police officer in 2018. Desmaret is also charged with first degree robbery with a firearm, battery on an officer - firefighter - EMT, aggravated assault on an officer - firefighter- EMT and grand theft. 

 

First Amendment issues brewing in SWFL and the ordinances that punish residents w/ jail time

Two issues affecting First Amendment protected speech are brewing in Southwest Florida and both could dramatically impact local ordinances that punish (or seek to) residents with arrest and / or jail time and speech fines.

The City of Punta Gorda

A Punta Gorda resident filed a lawsuit in federal court pertaining to a recording prohibition contained within Chapter 15 of the City Code. In court filings reviewed by County Examiner, Andrew Sheets, a resident of Punta Gorda, Florida challenges the city’s prohibition on recording governmental employees engaging in public duties without their express permission.

The suit stems from his audio and video recording of interactions with public employees at City Hall including after city employees declined to give their consent to be recorded.

City code and a recently adopted Charlotte County ordinance both currently prohibit anyone from recordings in libraries, county offices, jails and buses without permission from county administrators, except for public meetings.

The complaint, filed in the Middle District of Florida is Case No. 2:19-cv-484.

The City of Fort Myers

An ordinance proposed by a Fort Myers, Florida city council member would punish residents for their public comment speech in violation of a proposed “civility” ordinance and subject them to forced removal from city council chambers, including threat of arrest and/ or jail time.

During their July 15, 2019 city council meeting, Fort Myers city council member Fred Burson made and council subsequent adopted a motion “to request the City Attorney to review language submitted by Councilperson Burson and Councilperson Anderson to update the

current Ordinance; motion carried 6-1.”

At the 35:11 minute mark Councilman Burson said “the purpose of the ordinance should be to prohibit the following language at the podium”:

“Abusive, derogatory, hurtful, insulting, aggressive, hateful, racist, rude, threatening, menacing, hostile, nasty, belittling, offensive ---and the intention of the ordinance would be to stop the use of the above language during public meetings …..and to direct the video technician or operator in the event somebody is, uh, violating the intent of this ordinance is to take the camera off that individual …and to direct the technician to mute the sound …and I would also as part of this as the city attorney to give himself and/ or the Mayor the authority to warn the individual no more than 3 x their language or behavior is inappropriate ---at that point in time at the direction of the city attorney or the Mayor allow the police officer to escort the individual from the chamber ---and I would like it to be punishable by up to sixty days in jail and a fine of $500.00…”

The city attorney is expected to present the draft speech ordinance to council with 30 days.