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, Media Relations Division, Headquarters building on Stock Island. This publication can be viewed on line at www.keysso.net/employees/weekly_rap_up/weekly_rap_up.htm July 17 , 2015 Legal Update: new rules regarding trespassing Facts: You are dispatched to a residence. The property owner asks you to remove an individual from their home. The owner insists the individual is a guest. The individual insists they are a tenant and must be removed by way of Florida’s lengthy eviction process. Question: Can you arrest the individual for tres- passing if they refuse to leave? Law: This question just got a little bit easier to answer. Effective July 1, 2015, a newly created Flor- ida statute, § 82.045 - Remedy for Unlawful Deten- tion by a Transient Occupant of Residential Property, will provide an additional tool for us when responding to such calls. The statute provides for specific factors to con- sider: “Any law enforcement officer may, upon receipt of a sworn affidavit of the party entitled to possession that a person who is a transient occupant is unlaw- fully detaining residential property, direct a transient occupant to surrender possession of residential property. The sworn affidavit must set forth the facts, including the applicable factors…which establish that a transient occupant is unlawfully detaining residen- tial property.” “A person who fails to comply with the direction of the law enforcement officer to surrender posses- sion or occupancy violates s. 810.08 [Trespassing].” Bottom Line: An individual who meets the criteria set forth in Florida Statute §82.045 may be trespass warned and arrested upon failure to leave. BUT, you must be sure to comply with the statute. I have cre- ated a form to help you work through the elements. As this process is new and somewhat complicated, we put together a short training module in Power DMS to help you go through it. Please give me some feedback. If you find it helpful, we will do this more often. I have also placed the statute cited above and the form in the legal updates folder for your reading enjoyment. Civil Citation efforts recognized Our Juvenile Programs Unit and other agencies in the county involved with issuing and processing Civil Citations ranked second in the state for Civil Citation Utilization - the percentage of eligible youth who received a civil citation. Continued on page two Here is another photo of the prestigious Triple Crown award given to the Sheriff by the National Sheriff’s Association. Sheriff Rick Ramsay accepted the award at the National Sheriff’s Association conference held in Baltimore, Maryland in late June. Only 38 Sheriff’s Offices in the U.S. have attained this status. The award recognizes our National Accreditation status in Law Enforcement, Corrections and Correctional Health Care. In the photo, he is pictured with Professional Standards Captain Chad Scibilia and Bureau of Corrections Major Tommy Taylor.
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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, Media Relations Division, Headquarters building on Stock Island. This publication can be viewed on line at www.keysso.net/employees/weekly_rap_up/weekly_rap_up.htm
July 17 , 2015
Legal Update: new rules regarding trespassing
Facts: You are dispatched to a residence. The property owner asks you to remove an individual from their home. The owner insists the individual is a guest. The individual insists they are a tenant and must be removed by way of Florida’s lengthy eviction process.
Question: Can you arrest the individual for tres-passing if they refuse to leave?
Law: This question just got a little bit easier to answer. Effective July 1, 2015, a newly created Flor-ida statute, § 82.045 - Remedy for Unlawful Deten-
tion by a Transient Occupant of Residential Property, will provide an additional tool for us when responding to such calls.
The statute provides for specific factors to con-sider:
“Any law enforcement officer may, upon receipt of a sworn affidavit of the party entitled to possession that a person who is a transient occupant is unlaw-fully detaining residential property, direct a transient occupant to surrender possession of residential property. The sworn affidavit must set forth the facts, including the applicable factors…which establish that a transient occupant is unlawfully detaining residen-tial property.”
“A person who fails to comply with the direction of the law enforcement officer to surrender posses-sion or occupancy violates s. 810.08 [Trespassing].”
Bottom Line: An individual who meets the criteria set forth in Florida Statute §82.045 may be trespass warned and arrested upon failure to leave. BUT, you must be sure to comply with the statute. I have cre-ated a form to help you work through the elements. As this process is new and somewhat complicated, we put together a short training module in Power DMS to help you go through it. Please give me some feedback. If you find it helpful, we will do this more often.
I have also placed the statute cited above and the form in the legal updates folder for your reading enjoyment. Civil Citation efforts recognized
Our Juvenile Programs Unit and other agencies in the county involved with issuing and processing Civil Citations ranked second in the state for Civil Citation Utilization - the percentage of eligible youth who received a civil citation.
Continued on page two
Here is another photo of the prestigious Triple Crown award given to the Sheriff by the National Sheriff’s Association. Sheriff Rick Ramsay accepted the award at the National Sheriff’s Association conference held in Baltimore, Maryland in late June. Only 38 Sheriff’s Offices in the U.S. have attained this status. The award recognizes our National Accreditation status in Law Enforcement, Corrections and Correctional Health Care. In the photo, he is pictured with Professional Standards Captain Chad Scibilia and Bureau of Corrections Major Tommy Taylor.
Weekly Rap Up - Page 2
Flakka - be awareThere is a new drug out there...it hasn’t affected
our agency in a large way as of yet, but be assured it will at some point. Many other counties in south Florida are dealing with it on a daily basis.
Alpha-PVP, street name “flakka” or “gravel”, is an illegal synthetic drug with similarities to bath salts. It commonly looks like white or pink rock salt and has a foul odor. Some say it smells like ammonia.
It is highly addictive and can be eaten, snorted, injected or vaporized in an e-ciga-rette. Its high is long lasting - some us-ers can take days to return to normal af-ter use. It can make users
paranoid and violent. It can cause “excited delirium” involving hyperstimulation, paranoia and hallucina-tions that can lead to violent aggression and self-in-jury. It can also dangerously raise body temperature and lead to kidney damage or kidney failure. Unfor-tunately it is also inexpensive and easy to get. It can be ordered on the internet from China or India. And because it is a synthetic drug, it is difficult to legislate and difficult to test for because its chemical make-up can be easily altered.
In a scary turn of events, according to an article in Business Insider, last week in Miami-Dade County, they reportedly seized two ziploc bags filled with indi-vidually wrapped gummy-type candies. When tested, they contained a street drug similar to flakka.
Some instances of what people have done while
on flakka:• A man was arrested running naked across an
intersection to escape imaginary people he said were chasing him.
• A man was caught on camera trying to kick in the glass doors of Fort Lauderdale police head-quarters
• A man on Flakka impaled himself on a metal fence.According to an article by Reuters news service,
flakka accounted for 34% of Broward County’s crime lab reports in the first three months of this year, over-taking co-caine which dropped to 30%. A kilo, which can reportedly be purchased from China for $1,500, can be worth up to $50,000 on the street. According to the article, 27 people reportedly died from flakka related overdoses in the last eight months in Broward County alone.
We should all be aware of it and on the lookout for it. It is only a matter of time.
Civil Citations continuedThis is impressive - we are in the highest
county division - Division One - and are ranked with Dade County, Broward County and other much larger counties.
Congratulations to Sherwood Hanford, Natalka Whitehouse and retired Juvenile Counselor Lisa Bauer for their efforts to increase the number of citations written in Monroe County and thanks to all of you out there who are writing citations and help-ing to keep our county youth on the right track!
The Sheriff’s Office and Florida Keys Electric Coop worked together this week to clean up a yard in Marathon where the foliage was overgrown and interfering with electrical lines. The residents were unable to do their own work due to medical issues and were very grateful for the help. Left to right, Sgt. Chuck Kellenberger, FKEC employee Howard Sanders, Deputy Sean Lones and FKEC employee Chris “Spanky” Wagner.
Weekly Rap Up - Page 3
The photo is a bit blurry, but on his way to dinner Wednesday, Sgt. Tom Walker stopped to help this homeless man get out of the rain and get some water to drink. His compassion and level of caring is to be admired.
Juvenile Programs Supervisor Woody Hanford is well known for mentoring many kids in the community. Here he is with a group he recently took to Disney World.
Farmer Jeanne reading to kids at the Big Pine Library summer reading program.
These folks recently participated in our physical agility test. Left to right, Biandrea Darkins, Richard Alteus, Samuel Lapinsky, Raiko Alfonso, William Kaestner and Osmel Cruz-Nunez.
City of Marathon firefighters are to be commended for the compassion and professionalism they showed while removing a body from this trailer in Marathon. The man who died was large and a section of the trailer had to be removed during the process of removing his body from inside.
Birthday Name Job Title7/19 Oggeri Timothy Detention Deputy7/21 Burkett Bobby Deputy Sheriff7/21 Kelly Donatella Sheriff's Aide7/21 Quad Michelle Legal Secretary7/21 Valdes Yeny Finance Coordinator7/22 Andrews Julian Detention Deputy7/22 Stullken Krystal Communications Officer7/23 Dixon Yvonne Detention Deputy7/24 Cranney-Gage Jillian Assistant Director-Finance7/24 Piatetski Leonid Detention Deputy
Weekly Rap Up - Page 4
Animals go to summer campFarmer Jeanne and her animals visited the Florida Sheriff’s Youth Ranch summer camp going on this week at Gerald Adam’s School on Stock Island. The kids learned about the animals and also got some hands-on time with them.
This is the second year in a row the camp has taken place in the Keys. The Sheriff’s Office is the local coordinator for the event with School Resource Sgt. Glenn Test and Sheriff’s Aide Donatella Kelly handling the scheduling and finding participants for the annual week-long event.
At the camp, the kids learn about various aspects of law enforcement as well as just having a great time together.
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