Legal Update December 2014

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Percival French
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December 30, 2014 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.

htm Legal Update December 2014 Facts: You respond to a call for service. Upon arrival, the reporting party tells you that he just moved to the keys.

1 December 30, 2014 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 beckyherrin@keysso.net, or in the courier to Deputy Becky Herrin, Community Relations Division, Headquarters building on Stock Island. This publication can be viewed on line at Legal Update December 2014 Facts: You respond to a call for service. Upon arrival, the reporting party tells you that he just moved to the keys. He claims he paid a moving company to move all his belongings, but now they are demanding an extra six hundred dollars. The movers say that the price they are demanding is what was agreed upon and that they are leaving with the property if they are not paid the total amount. The reporting party has a written estimate for the lower amount. Question: What can/should you do? Answer: If the move began and ended in Florida, there is a written estimate or contract, and you determine that the reporting party has paid, you may order the mover to give the property to the reporting party. If they refuse, they have committed a felony. If the move is from outside Florida, and there are no other appropriate state charges, you should stand down and provide the FMCSA contact information listed below to the reporting party. Law: Florida Statutes provides authority to local law enforcement to intervene under certain circumstances. The refusal of a mover or a mover s employee, agent, or contractor to comply with an order from a law enforcement officer to relinquish a shipper s household goods after the officer determines that the shipper has tendered payment of the amount of a written estimate or contract, or after the officer determines that the mover did not produce a signed estimate or contract upon which demand is being made for payment, is a felony of the third degree (1). Also, Florida Statutes specifically requires the mover to place shipper s goods in their dwelling. It further requires that the mover return the shipper s prescription medicines and goods for use by children, including children s furniture, clothing, or toys, under any circumstances. Finally, it prohibits the refusal to return the shipper s property based on the mover s refusal to accept an acceptable form of payment. With the exception of (1) above, violations of chapter 507 are misdemeanors of the first degree. See (2). However, it is important to note that this Florida statute only applies to moves starting and ending in Florida. This chapter applies to the operations of any mover or moving broker engaged in the intrastate transportation or shipment of household goods originating in this state and terminating in this state (2). Federal law governs interstate cases, those where the shipper is moving from outside of Florida. If this is the case, you should thoroughly document the facts in your report and provide the following contact information to the reporting party: Continued on page 2 Our very own Lt. Dennis Coleman graced the front page of the Key West Citizen on Christmas day as the official face of Santa Claus. Here he is with his daughter Dakota.

Federal Motor Carrier Safety Administration (FMCSA), Toll free hotline: 1-888-368-7238, Website: http://www.fmcsa.dot.gov/factsfigs/moving.htm Bottom line: Be familiar with Florida Statutes 507.

2 Federal Motor Carrier Safety Administration (FMCSA), Toll free hotline: , Website: Bottom line: Be familiar with Florida Statutes and review it if necessary before taking law enforcement action related to disputes of this nature. At a minimum, you need to determine: 1) Is the move intrastate or interstate? 2) Is there a written estimate or contract? 3) If so, has the shipper paid the contract price? I have placed Florida Statutes , , and in the legal updates folder for your reading enjoyment. As always, if you have a question or an issue that you would like me to address please let me know. MARC Yard Sale The Monroe Association of ReMARCable Citizens, better known as MARC, will be holding a yard sale on Saturday, January 3, 2015 from 8 a.m.-2 p.m. on 1st Ave. West in Cudjoe Gardens. Items to be sold include property seized by the Monroe County Sheriff s Office and generously donated by Sheriff Rick Ramsay. The sale will include fishing and dive equipment, cameras, electronics, tools, jewelry and much more. All money collected will go directly to the MARC program for developmentally and physically challenged individuals. If you would like to donate to this yard sale for a worthy cause, please contact Sue Harrison at Items may be dropped off at The Sheriff s Substation on Cudjoe Key until December 31st. Seminole Tribe Anniversary Celebration BIG CYPRESS, Fla. (December 17, 2014) The Seminole Tribe of Florida will celebrate Big Cypress Seminole Reservation s 119th anniversary, Saturday, January 10, at the Junior Cypress Rodeo Grounds. This year s celebration will feature a concert by country music superstars Gary Allan and Montgomery Gentry beginning at 6:30 p.m. The Big Cypress Seminole Reservation 119th anniversary celebration kicks-off at 11 a.m. with a grand entry by Seminole Tribe of Florida leaders and royalty. Beginning at 11:45 a.m., the fair will feature Central Plains Dancers followed by a critter and alligator show. There will also be carnival rides, along with food and craft vendors. Food vendors will be available throughout the day. Tickets for the festivities and concert (at $54 per person) are currently on sale at and at com. They will also be on sale at the Junior Cypress Rodeo Grounds the day of the event. Parking is $5. Kentucky natives Montgomery Gentry (Eddie and Troy) will be the first to take the Junior Cypress Rodeo Grounds concert stage at 6:30 p.m. The duo first burst on to the national scene in 1999 with the defiant Hillbilly Shoes and they have since gone on to sell millions of albums, while continually playing sold out shows and scoring numerous awards. Montgomery Gentry has 14 top-10 singles to their credit, including five number ones Something To Be Proud Of, If You Ever Stop Loving Me, Lucky Man, Back When I Knew It All and Roll With Me. Additionally, they were inducted into the Grand Ole Opry in 2009 and were acknowledged by the Academy of Country Music as the 2010 winners of the Humanitarian Award. Allan, with the allure of being a modern day outlaw, will follow Montgomery Gentry on stage at 8 p.m. His signature blend of rugged vocals, rebellious lyrics and raucous live performances has won over legions of fans. He has sold over seven million albums, been certified platinum and gold five times in a row and has topped the Billboard Country Albums Chart with a trio of back-to-back albums. Allan s latest album, SET YOU FREE, topped both the Billboard Country Albums Chart and the Billboard 200 (Pop Chart). Over the years, he has recorded five number one hits and nearly a dozen top-10 hits. He s sold out venues as a headliner from coast to coast and appeared on numerous TV shows such as The Tonight Show, Live with Kelly and Michael and Jimmy Kimmel Live. And, he has landed on the covers of Country Weekly, Pollstar and People Magazine. Directions to Junior Cypress Rodeo Grounds at Big Cypress Seminole Reservation: Located midway between Fort Lauderdale and Naples off I-75 (Alligator Alley). Take I-75 to exit 49, then drive north 16 miles. Weekly Rap Up - Page 2

As thanks for playing Santa Claus for the newspaper, the Key West Citizen made Lt. Dennis Coleman Citizen of the Day recently.

The certificate was in appreciation of the hard work the Sheriff s Office did in handling a recent theft at his business.

Accountant - HIDTA 12/31 Trullender Kim Deputy Sheriff 01-01 Age Timothy Captain Detention Deputy 01-01 Baginski Gary Pilot 01-01

Reid Charmaine Detention Deputy 01-05 Perez Cristina Detention Records Assistant 01-06 Bouchard Alan Detention Deputy 01-06 Hodges

3 As thanks for playing Santa Claus for the newspaper, the Key West Citizen made Lt. Dennis Coleman Citizen of the Day recently. Several of those who work with Dennis decided to decorate his office door with what they called Glamour shots and gave him a first place ribbon for it! Lt. David Carey accepted a certificate of recognition from the owner of Blue Marlin Jewelry in Islamorada, Armando Gonzalez. The certificate was in appreciation of the hard work the Sheriff s Office did in handling a recent theft at his business. Birthday Name Job Title 12/30 Willis Madelyn Training Coordinator 12/31 Dula Roman Detention Deputy 12/31 Stephens Carol Staff Accountant - HIDTA 12/31 Trullender Kim Deputy Sheriff Age Timothy Captain Detention Deputy Baginski Gary Pilot Berger Gabrielle Airport Security Technician Battle Deshawn Human Resources Supervisor Lee Michelle Deputy Sheriff Reid Charmaine Detention Deputy Perez Cristina Detention Records Assistant Bouchard Alan Detention Deputy Hodges Titus Detention Deputy Llera Juan Sergeant Deputy Sheriff Laukkanen Vanessa Programs Assistant-Classification Mimosa Diane Deputy Sheriff Weekly Rap Up - Page 3 Sheriff s Office members at the airport celebrated Christmas with a non-traditional Santa Claus played by Sgt. Jake Brady.

Deputy Linda Kohout, the bane of graffiti

Here is the before and the after pictures.

4 Deputy Linda Kohout, the bane of graffiti artists in the Lower Keys, tackled this fishing bridge on Old Papy Road, Sugarloaf Key. Here is the before and the after pictures. Great job! When a number of Marathon families lost everything in a fire at the 240 Sombrero Road housing complex recently, the community really stepped up to help and, in particular, members of the Sheriff s Office. So many people helped out it would be impossible to mention them all. But here are some of the smiling faces that were helped by the effort. In addition to toys, almost $4,000 in gift cards were collected to help these families get back on their feet. Weekly Rap Up - Page 4

a gift for Christmas. Cute kids are cropping up all over the place this holiday season! Sgt.

When a 13 year old Key West boy was going to go without this Christmas, many from the Sheriff s

Hamilton for opening their wallets at the last minute this Christmas to make sure this kid had a Christmas

5 Thanks to Sgt. Linda Mixon, the Sheriff s Office, ABATE and Marathon Zonta, all the kids at Grace Jones Day Care received a gift for Christmas. Cute kids are cropping up all over the place this holiday season! Sgt. Steven Katz daughter Lucy raked in the donations when she rang the bell for the Salvation Army recently! When a 13 year old Key West boy was going to go without this Christmas, many from the Sheriff s Headquarters building were quick to chip in and buy him what he really wanted most for Christmas. This snazzy new bike! Thanks to Donatella Kelly, Chad Scibilia, Patrick McCullah, Tamara Snider, Dennis Coleman and Henry Hamilton for opening their wallets at the last minute this Christmas to make sure this kid had a Christmas present under the tree. Toy give-aways went on all over the Keys last week. Here is a group from the New Life Church in Marathon giving away toys to needy kids. On the right, at the toy give-away, Sheriff Rick Ramsay, Sgt. Eric Mixon and the Weekly Newspaper s Deputy Editor Josh Koler (in the orange shirt). Weekly Rap Up - Page 5

6 Weekly Rap Up - Page 6

Be a part of the Wounded Warrior Project and Adopt a Road Team to help show America s support for the 50 Wounded Warriors participating in the event this year.

Your Support is Encouraged: You choose a position (individuals and teams) to stand along the route on the map below. We suggest that everyone be in place along the route by 9:00a.m. to avoid road closures and traffic problems.

This event is sponsored by: Show Your Support The Key West Military Affairs Committee presents Soldier Ride 2015 -Wounded Warrior Project Parade Route The ride will depart Boca Chica Air Field at

7 Be a part of the Wounded Warrior Project and Adopt a Road Team to help show America s support for the 50 Wounded Warriors participating in the event this year. Sunday, January 11, 2015 starting at 9:00a.m. The Wounded Warrior Ride begins at 9:30a.m. from Boca Chica NAS KW and ends at 11:00a.m. at the Truman Waterfront. Your Support is Encouraged: You choose a position (individuals and teams) to stand along the route on the map below. We suggest that everyone be in place along the route by 9:00a.m. to avoid road closures and traffic problems. Then wave your flags and cheer to show your support for the 50 Wounded Warriors as they ride past. It is FREE, it is EASY, It is Fun and it shows your support For the Wounded Warriors! This event is sponsored by: Show Your Support The Key West Military Affairs Committee presents Soldier Ride Wounded Warrior Project Parade Route The ride will depart Boca Chica Air Field at 9:30a.m., and proceed along US 1 to Key West. In Key West from the Triangle they will turn right onto No. Roosevelt Blvd., and turn right on Palm Avenue and continue as it turns into Eaton Street. They will turn right onto Simonton Street, then left onto Front Street, and then left onto Duval Street and finally right onto Southard Street to the Truman Waterfront around 11:00a.m. After the warriors pass your location, please join the community celebration at the Waterfront beginning at 11:00a.m. If your group needs small American Flags to wave or if you have questions, please contact or goodmanpl@aol.com Weekly Rap Up - Page 7

8 Weekly Rap Up - Page 8

Clean Ups scheduled for coming weeks:

Clean Ups scheduled for coming weeks: July 5, 2013 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 beckyherrin@keysso.net,