No Weekly Rap Up next week! - Monroe County Sheriff`s Office

August 23, 2013
No Weekly Rap Up next week!
Editor’s Note: The Sheriff’s Office Weekly Rap-Up comes out on Friday afternoon If you have a submission,
please send it to me and I will be happy to include it. Send it to [email protected], or in the courier to
Deputy Becky Herrin, Community Relations Division, Headquarters building on Stock Island. This publication
can be viewed on line at www.keysso.net/employees/weekly_rap_up
Legal Updates:
By General Counsel Patrick McCullah
Electronic proof of insurance
Facts: You conduct a traffic stop. Instead of an
insurance card, the subject (a pig driving a convertible) hands you his smart phone with his insurance
information on the screen.
Question 1: Is that sufficient proof of insurance?
Law: Florida Statute §316.646 was recently
amended to allow for the use of an electronic device
to provide proof of insurance. The statute became
effective on July 1, 2013.
Question 2: Can you look at anything else on
the phone?
Law: The statute also provides that displaying
such information on an electronic device does not
constitute consent for a law enforcement officer to
access other information stored on the device.
Question 3: How do you know that the information is valid?
Law: The electronic version is probably no
more subject to falsification than a paper card. But,
be aware that a subject who knows the insurance as
represented by such proof of insurance is not currently in force is guilty of a misdemeanor of the first
degree.
I have placed Florida Statute §316.646, in the
legal updates folder for your reading enjoyment.
If you have a question or an issue that you
would like me to address please e-mail or call.
while driving, takes effect October 1, 2013.
While a violation of this statute is a noncriminal
traffic infraction, enforcement may only be accomplished as a secondary action. This means your
stop must be for a violation of another provision of
Florida Statutes, chapter 316, chapter 320, or chapter 322. If the motor vehicle is stationary (sitting at
a red light), it is not being operated and this section
does not apply.
Proving a texting while driving case may be
challenging as well. The statute has several content based exemptions such as receiving messages
“related to the operation or navigation of the motor
vehicle and safety-related information like emergency, traffic, or weather alerts.”
Exemptions for activity based conduct also exist
such as “activating, deactivating, or initiating a feature or function” like talk-to-text or Siri. If the person
indicates they are engaged in these activities they
would be exempt from the statute unless you could
prove otherwise.
Continued on next page
Texting while driving
Question: Is it against the law to “text and drive”
in Florida?
Answer: Yes, as of October 1, 2013. However,
as always, the devil is in the details.
Law: Florida statutes §316.305, banning texting
Attorney General Pam Bondi spoke at this month’s
law enforcement luncheon Wednesday. Here
she is pictured with Sheriff Rick Ramsay, State
Attorney Catherine Vogel and Chief Donie Lee.
Unfortunately, unless you are investigating a
crash resulting in death or personal injury, the subject’s billing records are not admissible as evidence
in traffic court for a violation of the texting while
driving law and a violation of this statute does not
provide a basis to seize the subject’s phone. Thus,
you will have to rely on your observations and the
subject’s admissions, if any.
The exemptions and issues described above do
not diminish your ability to enforce other traffic laws.
Texting while driving and other distracted driving
behavior may contribute to infractions or violations
covered under other statutes such as Careless Driving.
Bottom line: Effective October 1, 2013, you can
cite individuals under the Texting While Driving Law.
However, if you do so, make sure you have read the
statute carefully, as it has many exemptions, and
consider using other statutes directed toward the
driving pattern, as they may be easier to establish.
I have placed Florida Statute §316.305, in the
legal updates folder for your reading enjoyment.
If you have a question or an issue that you would
like me to address please e-mail or call.
Vacation donation to MARC
The Sheriff has approved donations of vacation
hours to the MARC House. If you are interested,
contact Yeny Valdes in the Finance Division by
September 4th with the number of hours you wish to
donate.
For Sale
Winchester Model 88 .308 lever action with Leopold VARI-XIII scope Very good condition. $900.00
Call David (305) 797-0122.
The Sheriff’s Office and Upper Keys command staff presented
Bruce Williams of Advanced Disposal with a certificate of
appreciation. He and his company have been community
partners in several Upper Keys Clean Ups in recent months.
Under the legendary supervision of Deputy
Emil La Vache, Sgt. Dennis Coleman and I
recently established a Neighborhood Crime
Watch in the 122 Street neighborhood of
Marathon. Pictured (attached) is neighborhood
chairperson Mike Puto a/k/a “Mr. Marathon” erecting the sign this Saturday.
We are continuing to seek other Marathon
and District 5 neighborhoods previously
established under the Neighborhood Crime
Watch program, as well as identifying other
neighborhoods that may be interested.
Rotary Club of Key Largo (with members of
the Sheriff’s Office) performed their quarterly
highway clean up at the 106 mile marker
recently. Left to right, Tom Tharpe, Jim “Doc”
Bolini, Lt. Derek Paul, Pam Sante, Deena Brito
and Lt. Nancy Alvarez.
Weekly Rap Up - Page 2
August was a busy month for birthdays. Top left, Henry
Hamilton got a roll of toilet paper from the staff at Chico’s
Restaurant because he is full of.....well, you know. Top
right, Michelle
Maxwell was
obviously thrilled
to be having a
birthday this
month. Left,
Records Supervisor
Peggy Bryan wore
the traditional
birthday crown in
the Upper Keys this
month.
Birthday
08-24
08-24
08-24
08-25
08-26
08-26
08-26
08-26
08-27
08-28
08-28
08-28
08-29
08-29
08-31
08-31
08-31
09-01
09-01
09-02
09-02
09-03
09-03
09-03
09-05
09-05
09-06
Name
Andrea
Fricke
Tamela
Jensen
Markevious Smith
Allyson
Villafane
Debra
Brown
Alejandro
Dorta
Michael
Heaviland
Tiffany
O'Connell
Dawn
Leird
Donald
Hiller
Gregg
Johnson
Patrick
McCullah
Edward
Askins
Talandieu
Dor
Karl
Markowski
Shantal
Pettry
Deborah
Ryan
Korzen, Greg
Pierrilus, Jackson
Cyrus, Tonya
Gaete, Francisco
Denton, Jamie
Fricke, Kenneth
Holroyd, Lee Ann
Dixon, Gary
Schlegelmilch, William
Carter, Colleen
Detective Spenser Bryan was inducted
into Sunset Rotary of Key West this
week. Left to right, Past President
Denise Rohrer, President Jim
Wilson, and members Spenser
Bryan and Donnie Elomina.
Job Title
Communications Officer
Deputy Sheriff
Detention Deputy
Jail Diversion Program Reentry Coord
Detention Deputy
Detention Deputy
Sergeant Detention Deputy
Detention Records Manager
Sergeant Deputy Sheriff
Captain Inspector General
Sergeant Deputy Sheriff
General Counsel
Deputy Sheriff
Airport Security Technician
Detention Deputy
Detention Deputy
Deputy Sheriff
Deputy Sheriff
Detention Records Assistant
Detention Deputy
Deputy Sheriff
Director-Central Records
Sergeant Deputy Sheriff
Lieutenant Deputy Sheriff
Deputy Sheriff
Deputy Sheriff
Records Assistant
Weekly Rap Up - Page 3
Detective Manny Cuervo....
just being Manny.
Congrats!
Congratulations to
Communications Officer
Ben Elmore who was
awarded the Crime Stoppers
/ Rotary Club of Key
West Law Enforcement
Scholarship. He is in the
current law enforcement
academy working on his LEO
certification. Well deserved,
Ben!
Weekly Rap Up - Page 4
MONROE COUNTY SHERIFF’S OFFICE
Community Clean –Up
In Conjunction with the citizens of Marathon
Rotary, Zonta & Dot Palm
Saturday August 24th
8:00 A.M. – 10:00 A.M.
750 – 46th Street
Joanie Nelson’s Yard
For information contact Carol Albury-Johnson 797-0120
Because this is private property this is volunteer time
Weekly Rap Up - Page 5
join us for
WHAT
SHOULD
I EAT?
USING BALANCE,
MODERATION
AND VARIETY TO
GUIDE HEALTHY
EATING CHOICES
Presented by
Monroe County BOCC
and Florida Blue
DATE & TIME: Lunch & Learn
September 5, 2013
1st- 12:15 p.m. - 1:00 p.m.
2nd- 1:15 p.m. - 2:00 p.m.
PLACE: Murray Nelson Government
Center- BOCC Room
10200 Overseas Highway
Key Largo, FL 33037
CONTACT: Mary Jo Bruce (305) 292-4446
with any questions.
Register online below!
Tired of confusing rules about what you
“should” be eating?Finding it hard to fit
physical activity into your day?
Forget those rules and get back to the
basics of balance, moderation and variety
to make the choices that best nourish and
satisfy your body – and your mind!
This workshop will help you learn some
sneaky ways to fit in more exercise and
ways to reduce calories without dieting.
Deadline for registration is 8/28.
(Lunch will be provided only for those
registered.)
To register for the event, please go to:
https://pickatime.com/client?ven=11608057&event=248939
Florida Blue is a trade name of Blue Cross and Blue Shield of Florida Inc., an Independent Licensee of the Blue Cross and Blue Shield Association.
Weekly Rap Up - Page 6
75617-0213
join us for
WHAT
SHOULD
I EAT?
USING BALANCE,
MODERATION
AND VARIETY TO
GUIDE HEALTHY
EATING CHOICES
Presented by
Monroe County BOCC
and Florida Blue
DATE & TIME: Lunch & Learn
September 4, 2013
1st- 12:15 p.m. - 1:00 p.m.
2nd- 1:15 p.m. - 2:00 p.m.
PLACE: Marathon Government
Center- BOCC Room 2nd Fl.
2798 Overseas Hwy.
Marathon, FL 33050
CONTACT: Mary Jo Bruce (305) 292-4446
with any questions.
Register online below!
Tired of confusing rules about what you
“should” be eating? Finding it hard to fit
physical activity into your day?
Forget those rules and get back to the
basics of balance, moderation and variety
to make the choices that best nourish and
satisfy your body – and your mind!
This workshop will help you learn some
sneaky ways to fit in more exercise and
ways to reduce calories without dieting.
Deadline for registration is 8/28.
(Lunch will be provided only for those
registered.)
To register for the event, please go to:
https://pickatime.com/client?ven=11608057&event=248939
Florida Blue is a trade name of Blue Cross and Blue Shield of Florida Inc., an Independent Licensee of the Blue Cross and Blue Shield Association.
Weekly Rap Up - Page 7
75617-0213