In a decision rendered last week, Norman v. State, the Florida Supreme Court rejected a Second Amendment challenge to Florida's "Open-Carry" law. The statute in question, section 790.053, prohibits individuals from visibly carrying firearms in public. Under the statutory scheme, a gun-owner must first obtain a license to carry a firearm in public. Even after they obtain a license, they still must conceal the firearm-for instance, in an article of clothing-when they are carrying. Failure to do so is a second-degree misdemeanor punishable by up to 60-days' imprisonment and a $500 fine. The Open Carry law also contains sixteen exceptions, including one for bringing firearms on fishing, camping, or hunting expeditions.
Red light camera systems are becoming an increasingly prevalent source of traffic tickets throughout Florida. It is well-known that red-light cameras allow cities to issue more traffic tickets than traditional methods, since police officers no longer need to pull drivers over to issue a citation. However, cities are also using these systems to increase the output of traffic tickets in a less-visible way: by outsourcing the traffic citations process to private companies. Many cities are contracting with red light camera operators, not just to take photographs of cars running red lights, but also to review those photographs, screen for possible violations, and mail traffic citations to those who are found to have violated the law. In the most egregious situations, these contracts can effectively make employees of private companies honorary traffic cops.
The trial and conviction of Jacob Dougan is well-known to criminal defense attorneys throughout Jacksonville. A decision rendered by the Florida Supreme Court last week marked a new chapter in his long and tragic story. The Court upheld the lower court's decision granting the death-row inmate a new trial, 31 years after his original conviction.
In March of this year Florida Legislators made a change in the death penalty laws, requiring only a 10-2 vote by jurors to impose the death penalty. In an article published by the Daily Record, Bill Sheppard is quoted as being "dumbfounded" by the change. Sheppard has defended many clients in death penalty cases over the course of his career as a prominent criminal defense attorney, including Gary Alvord.
When judges sentence sex offenders to probation, they often require the defendants to "actively participate" and "successfully complete" a sex offender treatment program. The law does not specify what "successful completion" requires. It is generally understood that a defendant must cooperate with the treatment program's requirements in order to complete probation. This can create problems where treatment programs impose requirements that defendants were unaware of when they entered a guilty plea.
Last week, the Florida Supreme Court issued an opinion clarifying the types of firearms convicted felons may possess. Section 790.23 of the Florida Statutes prohibits convicted felons from possessing firearms. However, the law also exempts any firearm manufactured before 1918, or replicas of pre-1918 firearms. Weeks v. State involved a case against a convicted felon who hunted with a .50 caliber muzzle-loaded rifle. Weeks' rifle largely copied a pre-1918 firearm, but used a modern scope.
In an opinion written by Justice Canady rendered last week, the Florida Supreme Court held that making a file accessible to others in a file-sharing program constitutes "transmission" under Florida's child pornography laws. The crime in question is codified in Section 847.0137, which makes it a third degree felony for any person "who knew or reasonably should have known that he or she was transmitting child pornography" to another person.