• A governmental agency (including municipalities and their police departments) (hereinafter, “Agency” or “Agencies”) will be able to purchase/obtain a drone only from a list of approved manufacturers who satisfy specific security standards.
  • These approved vendors are to be compiled and posted by the Department of Management Services (the “Department”) by January 1, 2022.
• If an Agency uses a drone not manufactured by an approved vendor, the Agency must submit to the Department a comprehensive plan for discontinuing its use.
  • Rules identifying the requirements of this comprehensive plan are to be adopted by the Department.
• All Agencies must have discontinued the use of non-approved drones by January 1, 2023.
• Agencies are to comply with general rules and minimum security standards to be established by the Department.

• Newly revised section 934.50, Florida Statutes, now allows for drones to be used:
  • To provide aerial perspective of a crowd of 50 or more persons;
    • The head of the Agency using the drone in this fashion must provide written authorization for such use and maintain a copy on file at the Agency;
    • Furthermore, the Agency must have policies and procedures for such use in place, that include guidelines:
      • • For the Agency’s use of a drone;
        • For the proper storage, retention, and release of any images or video captured by the drone; and
        • That address safety and constitutional protections of the people being observed.
  • To assist with traffic management;
    • But the agency may not issue a traffic infraction based upon drone captured video or images;
  • To facilitate collection of evidence at a crime scene;
  • For the assessment of damage that is the subject of a state of emergency, before the expiration of the emergency declaration;
  • For the assessment of vegetation or wildlife management on publicly owned land or water; and
  • By certified fire department personnel to perform tasks within the scope and practice authorized under their certifications

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SUMMARY OF CHANGES AFFECTING MUNICIPAL GOVERNMENTS

Budget for law enforcement

• The local state attorney or a member of a municipality’s governing body may appeal a municipal budget that reduces funding of a municipal police agency to the Governor and Cabinet (the “Administration Commission”).
• The municipality has 5 working days from receipt of service of the appeal to file a reply with the Governor, after which a budget hearing will be held.
• The Governor shall then submit a recommendation to the Administration Commission, which, within 30 days, shall determine how and whether to modify the budget
• The budget, as approved or modified by the Administration Commission, shall be final.

Damages for not providing reasonable protection during a riot

• The Act creates a duty on municipalities to allow the municipal law enforcement agency to respond appropriately to protect persons and property during a riot or an unlawful assembly based on the availability of adequate equipment.
• If the governing body of a municipality breaches that duty, the municipality is civilly liable for any damages arising from personal injury, wrongful death or property damage proximately caused by the municipality’s breach. 
• Sovereign immunity is waived — the damages recoverable under the Act by a person who is killed, injured or suffers property damage is not limited by sovereign immunity caps. 

Training of municipal law enforcement agencies

The Act substantially revised several current laws and creates new laws, all of which are effective immediately as of the signing of this bill on April 19th. There is an urgent need for municipal police officers to become familiar with these changes, as they may be called upon to enforce them at any time.

The information contained in this document does not constitute legal advice.

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Based in the firm’s Miami office and part of the Litigation Division, Coppolecchia represents private entities in complex commercial litigation and municipalities and other governmental entities in disputes throughout Florida. Her practice focuses on the representation of clients in construction contract drafting and negotiation, as well as construction claims and defense.

Gonzalez represents private and public sector clients in litigation involving real property and local governments. Based in the firm’s Fort Lauderdale office, she advises her clients in the areas of eminent domain and inverse condemnation. Gonzalez also handles complex litigation involving acquisition and valuation of private property rights, governmental regulation of private property and business disputes.

Hsu is based in the firm’s Boca Raton office and represents startups, multinational businesses and publicly traded companies with respect to domestic and international legal issues. Hsu also advises clients on corporate governance, labor and employment, financing, acquisitions and sales.

Part of the Government Division, Natiello is based in the firm’s Fort Lauderdale office. He counsels his clients in the areas of police operational and legal concerns, forfeiture litigation, liability defense, municipal government litigation and worker’s compensation defense. He also practices in the areas of code enforcement, and civil rights and torts.

“We are pleased to recognize the hard work and achievements of these four attorneys,” said firm Managing Director Mitchell Burnstein. “Their longstanding dedication and commitment to their clients and our community will help the Firm succeed, and we look forward to their continued success.”

The post Weiss Serota Helfman Cole + Bierman Announces Four New Partners appeared first on Weiss Serota Helfman Cole + Bierman.

We are very happy to welcome back to the firm attorney Joseph Natiello. Before becoming an attorney, Joe served as Deputy Sheriff with the Broward County Sheriff’s Office for over 24 years, having worked as a patrolman, and as a detective in the Homicide, Sex Crimes, and Major Crimes Units. Joe also worked as a Sergeant supervising child dependency investigations, sex crimes investigations, and missing persons investigations. Joe retired from law enforcement in 2013 as an Assistant Chief/Executive Lieutenant for the Broward County Sheriff’s Office.  

The post Attorney Joseph Natiello Returns to Weiss Serota Helfman Cole & Bierman appeared first on Weiss Serota Helfman Cole + Bierman.

Several of our attorneys woke up bright and early on Thanksgiving to take part in the 37th Annual Tamarac Turkey Trot.

Pictured (from Left to Right) are Kathryn Mehaffey, Alicia Gonzalez, Elen Gantner, Joe Natiello, Mitch Burnstein, Chris Saunders, and Marketing Director Dan Kobak

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