This year’s legislative session in Florida was packed with proposals from lawmakers. In July alone, 185 new bills became law. In his latest article for the Jacksonville Daily Record, Bedell Director and attorney Brian Coughlin discusses a few key changes that are now in effect.
In his article, Brian discusses how these new Florida laws impact police oversight boards, online protections for minors, property rights against squatting, and more.
Read Brian’s article in the Jacksonville Daily Record here or see the full text below.
New Florida Laws in Effect as of July 2024
By Brian Coughlin, Bedell Firm Director
As is now all too common, Florida lawmakers packed this year’s legislative session with new law proposals. In July alone, 185 new bills became law. This article will catch you up on some notable legislative changes that are now in effect.
HB 601 — Civilian Oversight Boards
House Bill 601 requires that citizen-led police oversight boards be re-established under the leadership of county sheriffs and municipal police chiefs. Members of law enforcement will be appointed to these new review boards to review cases of alleged misconduct within their agencies. Critics worry the legislation will undermine accountability efforts and erode the public’s trust. Though according to Florida Department of Law Enforcement (FDLE) Commissioner Mark Glass, police are already held accountable by the agencies’ internal affairs departments. Glass argues that citizen-led boards are intended to “persecute” law enforcement.
HB 1 (Vetoed) & HB 3 (Signed) — Online Protections for Minors
If you have younger children, you may want to cite this one during what I am confident is a never-ending family discussion about device use and social media. House Bill 1 — banning minors under age 16 from having social media accounts — would have gone into effect on July 1. It was vetoed by Gov. DeSantis who instead signed House Bill 3, which bans children under age 14 from having social media accounts. Unlike HB 1, it allows 14- and 15-year-old children to have social media accounts with permission from parents or guardians. HB 3 will take effect on Jan. 1, 2025.
HB 621 — Property Rights Against Squatting
House Bill 621 abolishes “squatter’s rights” by allowing property owners to request that law enforcement officers immediately remove unauthorized occupants. This is as long as the squatter entered unlawfully, remained after the owner asked them to leave, and is not a current or former tenant in a legal dispute. According to a release from Gov. DeSantis, it will be quick and simple for property owners to reclaim their homes from squatters, avoiding costly delays, litigation, and missed rents.
Opponents of the legislation are concerned the law could have unintended consequences of allowing bad-acting landlords to supersede the formal eviction process. The final law provides provisions for people who are wrongfully removed (like a current or former tenant) giving them the right to sue the property owner.
HB 583 — Larger Wine Bottles
Our long statewide nightmare is over. Restaurants and retailers can now sell wine in larger glass containers of 4.5, 9, 12, and 15 liters. Previously, commercial wine bottle sales were restricted to a gallon (about 3.8 liters). Florida legislators had attempted to pass variations on this new law for several years. The law passed by unanimous vote in the House, 38-1 in the Senate, and was signed by Gov. DeSantis, who agreed with the bill’s sponsor (Rep. Chip LaMarca) that it “is not good public policy to criminalize the sale of wine based on the container size.” Gov. DeSantis said it’s an example of cutting unnecessary red tape and eliminating regulations to help businesses thrive.
SB 764 — Retention of Sexual Offense Evidence
Under Senate Bill 764, DNA evidence from sexual assault evidence kits (SAKs) must be retained for a minimum of 50 years in the event a victim chooses to not immediately make a report to law enforcement. This increases the chances of a successful prosecution should the victim decide to report later. In addition, the medical facility or certified rape crisis center that collected the SAK must transfer the kit to the FDLE within 30 days of collection. According to bill sponsor Sen. Linda Stewart, other crimes may be solved with the stored evidence as it will be retained anonymously with a documented chain of custody.
SB 638 — Lethality Assessment for Domestic Violence
Advocated by Joseph Petito, father of domestic violence victim Gabby Petito, Senate Bill 638 establishes a new rule for law enforcement officers during a domestic violence call. Cops must now ask potential victims a set of 12 established questions for a “lethality assessment,” meant to determine whether an officer should refer them to a domestic violence shelter or other resources. According to Petito, the law will help protect victims who may not fully understand or be willing to admit the danger they could be in.
SB 1764 — Car Racing Penalties
Under Senate Bill 1764, violators of illegal racing on highways, drag racing, street takeovers, and stunt driving will face harsher fines and enhanced penalties. This includes a potential third-degree felony charge for those engaging in a “coordinated street takeover” with at least 10 cars. Fines are increased for spectators as well.
This new law comes into effect as local authorities are taking stricter action. In June, the Jacksonville Sheriff’s Office made five arrests and wrote more than 70 tickets in an operation targeting illegal street racers at an event with dozens of spectators, including one who was injured. Jacksonville Sheriff T.K. Waters said street racing complaints are some of the most common he hears and that his agency is taking a no-tolerance approach.
HB 461 — New Mothers Excused From Jury Service
New moms will no longer have to report for jury duty in Florida, thanks to House Bill 461. The new law excuses women who have given birth within six months before the reporting date on a jury summons. Florida law already allowed excusals, upon request, for expectant mothers or parents who are not employed full-time and who have custody of a child under six years of age.
About Brian T. Coughlin
Brian Coughlin is a director at Bedell. He is a former chairperson of The Florida Bar Professional Ethics Committee and a current member of the Board of Governors of the Jacksonville Bar Association. His practice focuses on matters of criminal justice. He is ranked by his peers at the highest level of professional excellence for legal knowledge, communication skills, and ethical standards.
About Bedell
As the oldest law firm in continuous existence in the State of Florida, Bedell has a long-standing history of providing high-quality legal services to our clients. Our core practice areas include civil, criminal, and family law litigation. If you have a legal matter that requires a depth of experience, contact the Bedell Firm at (904) 353-0211.