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Florida - Analysis of Statewide Drug Control Efforts
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Published On: December 14,
2000 Updated On: August 28, 2001
© Terence T. Gorski, 2001 |
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STATEWIDE GRAND JURY REPORT
AN ANALYSIS OF FLORIDA'S DRUG
CONTROL EFFORTS
December 14, 2000
IN THE SUPREME COURT OF
THE STATE OF FLORIDA
CASE NO. 95, 746
THIRD INTERIM REPORT
OF THE
FIFTEENTH STATEWIDE GRAND JURY
(This document has been
re-formatted for the Internet)
AN ANALYSIS OF FLORIDA'S DRUG
CONTROL EFFORTS |
| I.
INTRODUCTION
We, the members of the Fifteenth
Statewide Grand Jury, having investigated a number of narcotics trafficking
organizations, and being concerned about the nature and scope of this
criminal activity, its impact on our State, and the resources being applied
to control it, have spent the past eight months of our term examining the
importation, manufacture, transportation, distribution and sale of illegal
drugs in the State of Florida, as well as the methods of transporting,
exporting, and "laundering" the vast amounts of money made from
this illegal activity. We have analyzed the efforts of Florida's public
officials, State agencies, law enforcement, courts, and some communities,
schools, and private organizations to reduce both the demand and supply of
illegal drugs. We issue this report with the hope that Florida's officials
and citizens will act on our observations and recommendations.
At the outset, we wish to commend the
vision and leadership of Governor Jeb Bush; Florida's first Drug Policy
Coordinator, James R. McDonough; the 1999 and 2000 Florida Legislatures; the
Florida Cabinet; the judiciary; the heads of state, local, and federal law
enforcement agencies; as well as the community based and treatment oriented
programs working together to solve the drug problem. Many dedicated
professionals appeared before us on this topic, and their work gave us the
understanding and motivation to pursue the creation of this document.
Before we heard from the witnesses
about the results of their work, we held the belief that Florida's officials
were not serious about the "war on drugs." But we learned during
our term that, in fact, Florida has taken the lead in many notable areas and
has made significant strides in coordinating its efforts and targeting its
resources. Through the witnesses we learned about the following recent and
significant accomplishments in this State:
The creation of Florida's first Office of Drug Control
The appointment of the first Director of Drug Control
The publication of Florida's first Drug Control Strategy
The formation of Florida's first Drug Policy Advisory Council
The first statewide drug importation volume assessment
The first Seaport Study to determine the security of Florida seaports
The presentation of two Drug Control Summit
The passage of tighter money transmitter laws and anti-drug trafficking
laws, including the resurrection of minimum mandatory prison sentences for
drug dealers, and laws to deal with "designer drugs"
The conceptual creation of a "community coalition" team-building
training curriculum
The additional funding for and creation of contraband interdiction teams in
the Department of Transportation's Division of Motor Carrier Compliance
The passage of a law banning the possession of secret compartments in
vehicles for drug trafficking
Substantial increases in treatment funding ($420 million total)
The expansion of drug courts to each judicial circuit
The statewide inter-agency enforcement effort against RAVE club drug use
The enhancement of the anti-drug youth media campaign
We now have a clear sense that in just
the past two years, Florida has experienced a monumental and positive shift
in its approach to the drug problems it faces. There is clearly a
re-invigorated "war on drugs" in Florida at several levels and in
many different areas. Of major significance, it appears to us that the
officials involved in enforcement, education, prevention, and treatment have
all agreed that the best way to solve the problem of drug abuse is to attack
both supply and demand for drugs in this State and to apply equal resources
to this holistic approach. We are extremely gratified by and supportive of
these efforts.
By the issuance of this report, we urge
all Florida's to take the drug problem seriously, to keep the spotlight on
the work of government officials in this area and support it, to foster the
political will and sense of social responsibility necessary to solve the
problem, and to endorse the appropriation of the necessary resources to
achieve the goals of the 1999 Drug Control Strategy ("the
Strategy"). In other words, we the members of the Fifteenth Statewide
Grand Jury believe that if this "war" is to be won, we all must
support it. Public lip service won't do; action is essential and resources
are the key.
To that end, we have detailed our work to the
extent authorized by law, and document our several suggestions and
recommendations of specific action points for consideration by the various
stake-holders in this issue - but most importantly, to the people of this
great State. |
| II.
SCOPE OF THE INQUIRY
We began this undertaking after
listening to testimony and evidence in several drug trafficking cases.
During our term, we returned
indictments on charges of Trafficking in Heroin, Trafficking in Cocaine,
Introduction of Contraband Into a Prison Facility, and Conspiracy to commit
those crimes. Since the beginning of our term, our legal advisers have filed
80 narcotics trafficking and money laundering cases against 231 defendants.
An additional 23 narcotics trafficking and seven money laundering
investigations were opened during our term. Some of these filed cases and
investigations include, as examples, the seizure of 320 pounds of marijuana,
44 vials of ketamine, 3.3 kilograms of MDMA (3, 4-methylenedioxy-
methamphetamine, commonly known as "ecstasy"), 52 kilograms of
cocaine, over one kilogram of heroin, 21 firearms - including a
semi-automatic MAC-10, and $1.7 million in cash. They reflect cases from the
sale of steroids over the Internet, to the purchase from undercover agents
of 100,000 tablets of MDMA for $550,000, to the surveillance of money
launderers depositing cash and money orders into the same bank account with
different tellers at the same time at the rate of $8,000 per day per
account.
We quickly became concerned that these
illegal and dangerous activities were taking place in our back yards,
exposed to our children, under the noses of authority. We, like any group of
citizens who have the time to consider the magnitude of such events, asked
our legal advisers this simple question: "What is Florida doing about
this problem?"
In response, and over the course of
several months, we were presented with testimony from a host of local,
state, and federal law enforcement agencies, including administrators,
narcotics investigators, and undercover officers; a number of juvenile
justice authorities, including school resource and DARE (Drug Abuse
Resistance Education) officers; judges; cooperating criminal defendants; and
members of the Governor's Office of Drug Control, Department of Corrections,
Department of Juvenile Justice, Department of Transportation, Florida
Department of Law Enforcement, Florida Highway Patrol, Florida National
Guard, U.S. Customs and the U.S. Drug Enforcement Administration. We also
heard from the Florida Alcohol and Drug Abuse Association.
This is what we found:
There are 1,000,000 users of illegal narcotics in Florida ("use"
is defined as current use or use within the past 30 days)
While there are "hot spots" of abuse in cities such as
Jacksonville, Miami, Tampa/St. Petersburg, Sarasota, Ft. Lauderdale,
Orlando, Cocoa Beach, and Naples, there is an increasing incidence of use
and addiction in rural communities
There are an estimated 700,000 drug addicts in the State of Florida
It is estimated that as much as 80 percent of all crime reported in Florida
is attributable to illicit drug activity
The average age of use onset is 14 years
In 1999, the national use rate was 6.4%; Florida's was 8%
In 1999, the national teen use rate was 11.4%; Florida's was 15.7%
Between 1992 and 1998, the national heroin use by 8th graders tripled
The strength of marijuana and purity content of heroin is three to four
times that of the 1970's
From 1994-1999, the Florida death rate from cocaine went up by 65%
In 1997 and 1998, cocaine related deaths outnumbered homicides in Florida
In 1997 there were an estimated $250.8 million in hospital charges in
Florida for the treatment of drug-related illnesses
There is a serious shortage of residential treatment beds in Florida;
treatment experts estimate Florida is meeting 20% of the treatment need
The average waiting period for treatment through Florida's Department of
Children and Family Services is three months
Florida has experienced a startling increase in the number of overdoses and
deaths attributable to a documented increased potency of heroin and the
effects of "designer" or "club" drugs (nitrous oxide,
gamma-hydroxybutyric acid or GHB, ecstasy, ketamine, LSD, and
methamphetamine or "speed")
Florida is experiencing an increase in predatory sexual activity ("date
rape") in connection with the use of these "club" drugs
An estimated 150 to 200 metric tons of cocaine and 3 metric tons of heroin
arrive in Florida every year; some for use in Florida, some for distribution
to other parts of the country
The price for a kilogram of cocaine is approximately $18,000 to $21,000 in
South Florida
Billions of dollars in illegal drug proceeds are "washed" through
bank accounts, money exchange houses, and exporting businesses in South
Florida each year
We believe these facts and figures are
unacceptable. We believe the impact of these figures includes a financial
cost associated with lost productivity in the work place, increased physical
injury and disease, economic loss and emotional hardship borne by victims of
crime, the operation of the criminal justice system and incarceration costs,
and treatment costs for drug addicts, not to mention the human costs of
failed aspirations, destroyed dreams, broken families, and broken hearts. |
| III.
FINDINGS AND RECOMMENDATIONS
A. FLORIDA'S DRUG
CONTROL STRATEGY
The Director of Florida's Office of Drug
Control is retired Army Colonel James R. McDonough, the former chief
strategist for the National Office of Drug Control, and as such, has
produced Florida's first comprehensive and specific action plan to reduce
both the demand for and supply of illegal drugs in Florida. The Strategy
aims for a 50 percent reduction in drug abuse in five years. The specific
target goals to be achieved by 2005 are:
Reduce drug abuse in Florida to 4% or less
Reduce drug abuse by Florida's youth, ages 12-17, to less than 4%
Delay the onset of first-time drug use to 17 years or older
Decrease drug abuse in the work place by 50%
Reduce the number of chronic drug users in Florida by 50%
Arrest the upward trends of heroin and cocaine-related deaths and bring them
down by 50%
Reduce the health costs associated with drug abuse by 25%
Reduce the supply of illegal drugs in Florida by 33%
|
| 1999 Florida
Drug Control Strategy, Executive Summary.
The Strategy was published at the end of 1999
after several months of consultation with legislators and staff,
governmental agency heads, leaders of private organizations, federal
authorities, and the news media. The Strategy "takes a long-term,
holistic view of the State's drug problem" that "no single
solution or entity can suffice to deal with the multi-faceted challenge that
drug abuse represents," and that "it is only through a balanced
array of demand reduction and supply reduction programs consistently
executed over the long-term that Florida will be able to achieve a
substantial reduction in drug use and availability and a corresponding
reduction in their adverse consequences." 1999 Florida Drug Control
Strategy, at 1-7.
As a body having the authority to review,
assess, and report on the administration of the government of this State, we
start by specifically commending the Strategy as well-researched,
well-documented, and wisely conceived. It provides a valuable starting point
for our discussions and compels us to conclude that with a plan in place,
dedicated professionals eager to implement it, and the resources with which
to execute it, Florida will succeed in accomplishing its goals.
1. Resources
Having read the Strategy and thus embarking
upon our own evaluation of some of its key points, we found first and
foremost that the Office of Drug Control must be given greater resources if
it is to continue this valiant and important work. The strategic document,
the subsequent drug importation volume study, the creation of the Florida
Seaport Study, legislative lobbying, media contacts, and many other matters
have been handled for more than a year by the Director and a staff of two
full-time employees, with the assistance of a few employees loaned to the
Office by other agencies. If the Office is to continue its leadership role,
it simply must have more full-time and permanent resources.
2. Responsibility
It is also our understanding that the Office
of Drug Control has no direct input in the administration or budget
processes of the entities charged with attacking the drug problems of this
State. In other words, the Office is articulating goals, directions, and
action plans, yet it has only the power of persuasion with which to achieve
implementation of the Strategy; the Office cannot compel compliance. It is
one thing to promise the people a Strategy and produce one, it is quite
another to implement it with the recommendations and expertise of the
strategists. One suggestion has been made to give the Director "budget
certification" responsibility over executive branch agencies, which
would allow him to certify or decertify agency budgets, or a portion
thereof, based on the scope and success of their anti-drug programs.
Certification would only suggest Strategy compliance. Coupled with this
responsibility, the Director would be required to comment on the legislative
budget requests of non-executive branch agencies regarding the extent to
which their programs are tied to the success of the Strategy. Only then can
the Legislature be assured that "performance based budgeting" will
be achieved with the goals of the Strategy in mind.
We understand that the Legislature shares a
co-equal role in shaping, declaring, and implementing the policy directions
of this State. The "budget certification" responsibility
envisioned here is not intended to supersede the prerogative of the
Legislature to apply resources in a different direction or with a different
emphasis, but merely to give the Legislature the informed opinion of the
resident expert in the Executive branch as to the direction of the budget
entities themselves. Budget certification responsibility in the hands of the
Drug Policy Director would give stakeholders a consistent point of contact
and standard of review.
It is our finding and recommendation that
these matters need to be addressed, and we urge the Governor and the
Legislature to seriously consider them.
As we moved forward in our deliberations from
the starting point of the Strategy, we found our attention drawn in the same
directions as those on whose expertise the report was based: Prevention,
education, and treatment are as important as enforcement, if not primary in
nature. However, reminded that the foundation of our authority is in
criminal matters, we start with supply reduction and move along the
continuum to the concepts of demand reduction. |
| B.
SUPPLY REDUCTION
As an investigating body examining evidence
in criminal cases, our inquiry naturally began with questions concerning the
methods and operations of drug traffickers in Florida. This is generally
what we learned.
Florida's heroin, the majority of which
originates in Colombia, is typically transported on or in the bodies of drug
smugglers known as "mules" who arrive on flights either directly
from Colombia or indirectly through other locations such as Puerto Rico.
Puerto Rico is considered a "safe" departure point since
traffickers traveling to the U.S. mainland do not have to pass through a
Customs inspection or "border station" as that island is a U.S.
territory. A payment to a "mule" for one delivery of 500 to 800
grams of heroin can be from $3,000 up to $10,000.
Cocaine arriving in Florida can come from
Bolivia and Peru (and, less frequently, from southeast Asia via the
northeastern U.S.), but the vast majority arriving in Florida comes from
Colombia, and it is typically brought in loads consisting of several hundred
kilograms. The loads may be flown from Colombia to islands in the Caribbean,
where they are off-loaded onto what are known as "go-fast" boats
and, increasingly, "junk freighters" with complicated crew
quarters, cargo holds, and hulls. The go-fast boats penetrate Florida at one
of the numerous harbors in our thousands of coastline miles. The freighters
may travel up the Miami River to dock for several days or weeks until their
crew is sure that U.S. Customs agents are no longer watching. Or the loads
may be placed in otherwise legitimate cargo in large container ships, bound
from any other country bordering the Atlantic or in the Caribbean for one of
the seaports of this State. For those willing to risk it, the importation of
cocaine can yield about $3,000 per kilogram moved.
Haitian-owned freighters, in particular, have
been modified to include hidden compartments for the movement of cocaine and
currency. Agents have found cocaine and currency in hollowed walls, false
roofs, cargo holds, voids between decks, ballast tanks, fuel tanks, oil
tanks, engine rooms, pipes, layers of metal, the keel, and hidden within the
cargo itself, for example, used mattresses and other noxious items that are
difficult to search. It is estimated that every Haitian-owned freighter on
the Miami River at any given time has either been seized, forfeited, and
re-sold at auction as a result of a cocaine seizure, or it has been the
subject of intelligence that cocaine and/or currency shipments have moved on
them. Twelve such vessels between November 1999 and June 2000 were found by
Customs to be hauling a total of 2,727 kilograms of cocaine. It is not
unusual for these freighters, once seized and forfeited by law enforcement
authorities, to be sold at auction to the operators of smuggling operations
aware of the intricately concealed compartments and willing to make the
highest bid. Customs engages in the re-sale of these vessels in large part
so that it may recoup the docking fees incurred during the forfeiture
proceedings, although we should note that the agency cannot know to whom it
sells the ships when third-party agents hide the owners' true identities.
Once in Florida, the distribution processes
required to move massive amounts of illegal drugs must be highly organized
and effective. Trucks are often used to regularly move large quantities of
drugs between points in the State, and outside the State. The going rate for
over-the-road distribution out of South Florida is $1,000 per kilogram of
cocaine. These same traffickers will then return with the cash generated
from the distribution of the drugs. Distributors routinely use secret
compartments in automobiles and trucks for the transportation of contraband
drugs and currency, and use a system involving pre-determined drop off
sites, beepers, cell phones, and escorts traveling in separate vehicles.
Marijuana, which is generally imported from
Mexico, is hauled by trucks and automobiles on the highways and back roads
through the state of Texas and into the western panhandle of Florida.
However, Florida also has a burgeoning cash crop in marijuana - second only
to its citrus industry. Outdoor cultivation appears in forested and rural
areas, while indoor "grow houses" are increasingly found
throughout the State.
Methamphetamine is also imported from Mexico,
California, and other western states and produced in home based laboratories
that have been found throughout Florida, but with a high concentration in
the west central areas of the State. Ketamine, a "club drug", is
manufactured for use as a veterinary anesthesia. This and similar compounds
are commercially available under regulated circumstances, but are the target
of burglaries, thefts, and corruption.
The movement and laundering of the cash
proceeds generated from the sales of illegal drugs is thought to be a bigger
logistical problem than transporting the drugs, as the cash is significantly
more bulky than its equivalent value in cocaine or heroin. Often the cash is
sold at a deep discount to individuals in other countries who receive the
equivalent value of their purchase price in credit from a black-market money
exchange broker. This satisfies the debt owed to the manufacturer or
high-level exporter of the drugs and stimulates the purchase in the U.S. of
goods which are then exported to the country where credit was given. A
massive "dollar-peso black market exchange" exists in Colombia
which operates in this manner. Once cash is transported to the place of
conversion, typically in the Miami-Dade and Broward areas, it is converted
to money orders or checks, which are then deposited into domestic accounts
and wired overseas or used to purchase the U.S. goods to be shipped overseas
as described above. Bulk exportation of currency "as is" - in the
five- and ten-dollar bills that were used to make the street purchases - is
achieved by smuggling it in secret compartments in road vehicles, ship
containers or cargo holds.
The Office of Drug Control estimates that
150-200 metric tons of cocaine and three metric tons of heroin arrive in
Florida every year. To date, there is no reliable estimate of the amounts of
marijuana or designer drugs being transported through our State, but law
enforcement testimony leads us to believe that the volume is very high.
Based on the testimony we received, we believe billions of narco-dollars are
laundered through Florida's commercial and banking establishments every
year.
It is well-documented that "Florida's
drug problem is disproportionately worse than the nation's as a whole."
1999 Florida Drug Control Strategy, at 1-2. It is our belief that the law
enforcement response is hampered by a significant lack of interagency
cooperation, technology, resources, and manpower, and by time-consuming
pre-trial depositions.
1. Florida's Seaports
The Office of Drug Control, with
approval and funding from the Florida Legislature, commissioned the
first-ever study of Florida's seaports to determine the risk posed by these
facilities as it relates to the trafficking of narcotics. Released in
September, 2000, this study examined 14 seaports including Tampa, Miami,
Port Everglades, West Palm Beach, Jacksonville, and Port Canaveral, and
reviewed the security situation on the Miami River.
The study concluded that:
There is no supervisory agency over all the seaports of the State
There are no federal or state security standards that govern their operation
and thus there are highly varied levels of security at the State's seaports,
some quite good and some non-existent
Only two of the 14 seaports studied have sworn security personnel on site
No inter-company or inter-agency security forum exists for any of the
seaports studied; the owners of the properties in the seaports generally
rely on their tenants to provide security rather than taking responsibility
for it
Only limited background checks are conducted on employees at the docks -
convicted felons, some with arrests for drug-related charges, work at the
seaports
We also heard testimony that some dock
workers carry firearms and that intimidation by dock workers is used as a
method of avoiding detection of illegal drug activity. There is an
atmosphere of fear at the Miami seaport. Dock workers have been observed
blocking law enforcement officers' vehicles with cargo containers and moving
equipment, sweeping multi-ton containers in the air over officers' heads,
and actually dropping containers on their vehicles, including one that held
a drug detection dog. We heard that this same kind of harassment was used
against the members of the private entity conducting the Seaports Study.
This shocking activity is designed to send a message that the rule of law is
not welcomed at the seaports. Further testimony revealed that as many as 60
percent of the current dock workers at the Port of Miami have felony
arrests, with half of those on drug-related charges.
Based on testimony received about the Seaports Study, its
conclusions and recommendations, we believe that Florida's commercial
gateways are virtually unlocked, if not wide open, to traffickers and money
launderers, not to mention thieves, terrorists, and dealers in all manner of
contraband. We also believe that the majority of Florida's seaports are
operated in a manner that encourages unlawful behavior, rather than
discouraging it. If this lack of security exists to any similar degree at
Florida's airports, then the State is at even greater risk.
Therefore we recommend adoption of the security enhancements
proposed by the Seaports Study, to wit:
The creation of a "State Seaport Authority" to regulate all
seaports in the State
The creation of minimum security standards for all seaports, to include
high-mast lighting, security cameras, photo identification badges, secured
entrance gates, sworn security officers, fencing of adjacent rail yards, and
the relocation of personally owned vehicles away from dock operations
The creation and implementation of a security plan by the operators of each
seaport
The continued utilization of the Florida National Guard for additional
security
We also recommend:
Criminal background checks on all
seaport employees, and appropriate restrictions on certain employment
activities for convicted felons, but especially for drug traffickers and
money launderers
Limitations on the possession of firearms inside the secured
areas
A comprehensive study of the level of security at all of
Florida's airports
Prosecution of dock workers who assault or attempt to
intimidate law enforcement officers in the execution of their duties
2. Miami River
Based on the testimony we received regarding
the Miami River, we believe it serves as a free entryway for illegal drugs
into our State. We believe the river should be regulated and made as secure
as possible against such activity. Most disturbing to us was the testimony
of law enforcement that "junk freighters" routinely dock for weeks
at a time, running up docking fees in amounts entirely disproportionate to
the value of their declared cargo, presumably waiting for the least law
enforcement presence and observation in order to off-load their illegal
cargo and take on illegal money shipments. Such traffic patterns are so
thoroughly antithetical to the ordinary business of moving goods in commerce
that law enforcement officials are convinced the pattern has no other cause
than the illegal movement of contraband into and out of the State.
Therefore, we recommend the creation of a
"Miami River Authority" to regulate the operation of the docks. We
understand that the docks are privately owned and that the State must be
careful to implement only such time and place restrictions as are reasonably
necessary to the protection of the public.
We also urge the State to seek greater
federal funding for law enforcement personnel and other necessary resources
at the river to ensure routine inspections of both incoming and outgoing
vessels, and we further recommend the "scrapping" of those vessels
determined to be a nuisance. Money laundering on outbound vessels is as
dangerous to our great State as are the inbound drugs producing the lucre;
when the money is safely delivered to the owners of the shipments, they are
enabled to grow, produce, and ship again.
3. Florida's Highways
Based on testimony, evidence and
demonstrations we received from the Department of Transportation, the
Florida Highway Patrol, and the Florida National Guard, and as found by the
Seaports Study, we believe the "intermodal transportation system"
employed in Florida, where cargo containers are off-loaded from ships at the
unsecured seaports and then transferred to trucks or trains at other
unsecured sites, facilitates easy drug trafficking and money laundering. We
further believe that additional resources must be added to the current
complement of enforcement to tackle this problem.
We heard testimony that between 1995 and
1999, the Florida Highway Patrol seized 670 kilograms of cocaine and 26
kilograms of "crack" cocaine, 48,636 pounds of marijuana, and $8
million in U.S. currency from the State's highways.
Last year, the Department of Transportation,
Division of Motor Carrier Compliance received $ 1.6 million for its
contraband interdiction plan. The Division is currently training seven teams
each consisting of a dog and two law enforcement officers. They will work
the seaports and 20 weigh stations, and will set up mobile weigh stations
using portable carrier scales.
The Florida Highway Patrol also employs the
highly effective drug detection dogs to detect illegal substances being
transported across our State's highways, but they only have 32 dogs
available throughout the State and some of them are used to work special
prison details.
Because we found from our own examination of
the work of these detection teams that they are cost-effective,
non-intrusive, and reliable, we recommend that the Legislature increase
funding for the Florida Highway Patrol and the Department of Transportation
for their anti-drug efforts, including the purchasing, training, and
maintenance of additional drug detection dogs and the provision of portable
x-ray equipment and/or other detection devices.
4. Intelligence Center
Florida has a vast array of local, state, and
federal law enforcement agencies working on the drug trafficking problem. We
heard from 12 different agencies and asked questions of witnesses about the
ability and tendencies of such diverse entities to work together on a common
problem. The responses we received ranged from "the politically
correct" to more candid answers. In the end, we felt that there are
some good examples of cooperation and team-work in parts of the State, with
extremely positive results, and pockets of resistance to sharing
intelligence data based on a fear of sharing successful arrest statistics
or, worse yet, a fear of sharing contraband forfeitures.
Based on our inquiry, we agree with law
enforcement officials who proposed that there be a coordinated effort to
combine all field intelligence about drug trafficking arrests, seizures,
patterns of activity, undercover operations, and undercover source
information. This information should be combined with data concerning money
transfers required to be reported to state and federal officials, such as
currency transaction reports for any cash transaction over $10,000, and
suspicious activity reports. Such a center would be responsible for
providing the necessary analysis for (1) identifying criminal activities,
groups, and individuals; (2) "geomapping" to provide an analysis
of where certain crimes are occurring and may be migrating; (3) identifying
macro trends of criminal behavior; and (4) "de-confliction"
(identifying where multiple agencies are unknowingly investigating, in whole
or in part, the same targets).
The Florida Department of Law Enforcement has
submitted a proposal for such a center to the Drug Policy Advisory Council,
which has recommended its creation and funding. We commend FDLE for its
vision, endorse this recommendation, and suggest that it is absolutely
essential to the anti-drug efforts of this State. To accomplish its purpose,
the center must have the support of the highest levels of State government,
and the cooperation and assistance of the federal government. More
importantly, all law enforcement agencies in this State must have a stake in
the operation and utilization of the work of the center.
5. Regional Coordinating Teams
Based on the evidence before us, we have
concluded that there is no formalized mechanism or incentive for law
enforcement agencies to work together for mutual success in the area of drug
enforcement. On another front, the Legislature created in 1993 such a
mechanism for violent crime reduction in Florida. The Violent Crime Council
is comprised of specified law enforcement, education, victim services,
medical examiner, and corrections officials. This council supervises
regional coordinating teams who regularly share intelligence on violent
criminal groups and administers a trust fund to defray the unanticipated
costs of agencies investigating those groups. The funding is predicated on
cooperation between agencies. The regional coordinating teams assist member
agencies and take great pride in their mutual success. Innovative planning
and cooperation are recognized and rewarded. The annual State funding is $1
million. The citizens of the State have benefited from a reduction in the
violent crime rate for several years in a row. It is our opinion that
cooperation between law enforcement agencies on a statewide basis is one of
the many keys to this success. A recommendation coming out of the Drug
Summits, supported by the Drug Policy Advisory Council, calls for an
expansion of the Violent Crime Council to include narcotics trafficking and
money laundering investigations, to add the Drug Control Director as a
council member, and to add an additional $2 million annually into the trust
fund for cooperative law enforcement efforts in the area of narcotics
trafficking. We wholeheartedly support these recommendations.
6. Florida National Guard
It has come to our attention that the best
kept secret in the law enforcement community is the support of the Florida
National Guard. It seems to us that the Guard does so much with so little,
without headlines or complaint.
The Guard currently provides exceptional,
comprehensive, professional military support to law enforcement agencies and
community based organizations to assist them in their fight to reduce the
supply and demand for illegal drugs in this State. They provide personnel,
training, and technology at little or no cost to these agencies and
organizations. The Guard offers investigative case analysis, combat diver
support, cargo/mail inspection, marijuana eradication support, aerial
reconnaissance, and other operational support to law enforcement agencies.
They offer multi-jurisdictional counter-drug task force training, as well as
high school classroom drug awareness programs, community anti-drug coalition
support and training programs and a Junior ROTC Summer Camp. They have
assisted in the seizure of over 10,909 kilograms of cocaine, over 20,000
pounds of marijuana and over $2.7 million during the past year. The support
and training they offer is unparalleled by anything we have seen in our
inquiry.
The funding of the Guard by the federal
government has remained relatively constant over the past four years, while
the call for their services has continued to expand. The Guard currently
operates on an annual State appropriation of $100,000. Based on what we have
seen, we call upon Florida's representatives in Washington to increase the
funding for this valuable resource in Florida's fight against narcotics
traffickers. We also call upon the Legislature to increase State
appropriations to the Guard for their anti-drug efforts, including the
purchase and use of thermal imaging technology on aircraft surveillance to
assist in the detection of marijuana "grow-houses."
7. Contraband Forfeitures
In the course of our inquiry, we learned that
suspected drug traffickers and money launderers may forfeit to the
government the property, vehicles, vessels, and other equipment used to
facilitate their crimes, as well as the ill-gotten gains themselves.
Forfeitures under State law are permitted when a preponderance of the
evidence suggests that the property at issue has been used in or is the
result of drug trafficking or money laundering. If a judge agrees with the
law enforcement agency in this lawsuit or, as often happens, the possessor
does not contest the allegations, claiming ignorance instead, then the
property is ordered forfeited to the seizing agency. The proceeds must be
deposited into a trust fund for law enforcement or drug abuse education and
prevention programs but may not be used to meet normal operating expenses.
In addition, those agencies receiving more than $15,000 in forfeiture
proceeds during any fiscal year must expend or donate 15 percent or more of
the forfeitures for the support or operation of one or more drug treatment,
education, prevention, crime prevention, safe neighborhood, or school
resource officer programs. Property forfeited to a State agency generally
must be deposited into the State's general revenue fund, but certain State
enforcement agencies are authorized to deposit their proceeds into their
trust fund for use as permitted by law.
Based on the testimony and evidence received
from seizing agencies, we believe that contraband forfeiture is a valid and
essential method of preventing drug trafficking and money laundering and of
disabling the trafficking organizations operating in Florida. We endorse
this lawful enforcement and deterrence methodology. Moreover, we believe
such financial resources should be used to fund statewide anti-drug
trafficking and money laundering efforts.
To that end, we recommend that the
Legislature specifically require that a significant portion of all State
agency contraband forfeitures currently going into the general revenue fund
and that a small portion of local law enforcement agency forfeitures be
pooled together for the creation and operation of the intelligence center
and the operation of the regional coordinating narcotics enforcement teams
by the Violent Crime and Narcotics Council.
8. Funding
In addition to forfeitures, there are other
sources of funding that we urge the Legislature to consider:
a.
We have considered the idea of taxing the sales of illegal drugs. We are
mindful that the Florida Legislature passed a law providing for a drug sales
tax which the Florida Supreme Court found to be unconstitutional in 1994, as
the law required an individual to incriminate himself or herself upon the
filing of a return that showed income from the sale of contraband. Because
the tax returns could be turned over to prosecuting authorities and used
against the taxpayer to prove the illegal sales, the Court found the statute
to violate the U.S. and Florida constitutions in Florida Department of
Revenue v. Herre, 634 So.2d 618 (Fla. 1994). A constitutional scheme, it
noted, would provide for use and derivative use immunity for the sales tax
returns. In that manner, the law would capture the sales tax without
requiring self-reporting of prosecutable law violations. While all of this
may seem to be a legal and technical dance, it certainly has the potential
to produce additional funds for the State, while taking the money away from
the drug dealers.
b.
The collection of minimum mandatory fines imposed in drug trafficking cases
must be aggressively pursued by State authorities. The Legislature should
specifically allocate resources for this purpose until it becomes a
self-funding mechanism. Once collected, the money should be specifically
directed toward the implementation of the Strategy. |
| C.
DEMAND REDUCTION
Without a demand for illegal drugs, there is
no market for it. Where the market dries up, the suppliers disappear. With
this in mind, we explored the areas of drug treatment and prevention
education and have arrived at certain conclusions regarding Florida's
efforts in this regard. We offer the following suggestions for demand
reduction predicated on the testimony presented to us.
1. The Court
a.
Based on the testimony of a judicial leader in Florida's drug court system,
we believe the method of delivering treatment to drug addicts through the
drug court system is a powerful tool that Florida must embrace in every
geographic location and with great enthusiasm. Drug courts, a creation of
Miami's court system, have been called the "crown jewel" of the
treatment strategy, and they are widely accepted by treatment providers and
judges alike as extremely effective in breaking the cycle of crime by
producing lower recidivism rates.
Drug courts use the coercive power of the
criminal judge to force treatment upon offenders who are arrested for
non-violent, drug-related crimes. The traditional adversarial justice model
is set aside for the time the offender is in drug court. The judge, serving
as the leader of the treatment team, implements a system of rewards and
sanctions to motivate defendants to continue their treatment. A structured
program is employed that integrates the phases of stabilization, intensive
treatment, and reintegration and transition back to a drug-free life. The
problems of homelessness, mental illness, domestic violence, illiteracy, job
training, and communicable diseases are also addressed. The judge ensures
continual interaction, monitoring, and evaluation to keep the offender
"on track" toward the goals of continued abstinence and obeying
the law. If an offender successfully completes the drug treatment program,
the criminal charges are dismissed. If he or she fails, the criminal charges
are re-instituted and the defendant faces incarceration.
One problematic issue with the current system is
that a defendant arrested for committing a crime in one county, with
residence in another, may find that a drug court does not exist in each
location, or may be required to travel between the counties for treatment.
Therefore we recommend that the court system move quickly to establish the
drug court administrators in each county as authorized by the Legislature,
and that the Legislature fully fund those offices and authorize the transfer
of cases between counties for maximum effectiveness.
b.
Based on the testimony we received from a judicial officer dedicated to
handling civil commitments, we learned that coerced drug addiction treatment
in a civil context is also available in Florida. This statutory scheme,
known as the Marchman Act and contained in Chapter 397 of the Florida
Statues, provides for the protective custody and involuntary submission of
children and adults into residential drug treatment. It is initiated with
the filing of a petition by a family member or other qualifying individuals,
or upon a request by a law enforcement officer who may observe behavior
attributable to substance abuse. The petition must allege that the
individual to be taken into custody for treatment is a danger to herself or
himself or others.
The testimony revealed that the employment of
the Marchman Act is inconsistent throughout the State, nor are there
Marchman courts or judicial officers in many circuits. It is believed that
law enforcement officers and judges are not fully aware of the Marchman Act
and its availability as a tool to stop individuals from harming themselves
and others through drug abuse. Therefore we recommend that Florida's police
agencies and civil judges educate themselves regarding the availability and
efficacy of this approach.
c.
We would be remiss if we didn't raise here a part of the Drug Control
Strategy that deals with Florida's criminal discovery rules that allow for
pre-trial depositions of witnesses, even those like police officers who have
written extensive reports on their investigative activity. Florida is one of
very few states that does so; most states and the federal system do not
allow for witness depositions. Defense attorneys often use them here, as the
Strategy says, "to harass the prosecution and slow down the process to
an unwieldy crawl." 1999 Florida Drug Control Strategy, at 4-54.
According to the Strategy, discovery depositions unnecessarily hike the
costs of prosecuting cases, remove police from their regular duties, and
cause police agencies to take their cases to federal authorities for
prosecution. While we have not been presented with all the facts and figures
on the actual cost in time and resources of this procedural matter, we have
heard enough from senior law enforcement officials to cause us to urge the
Legislature and the Courts to once again address the necessity for pre-trial
discovery depositions in a state that has "open-file" discovery of
evidence and information to the defense. We see this as an example of one of
the areas where streamlining the justice process can allow us to enhance the
limited resources at our disposal, which resources could be better used in
education, prevention, and treatment efforts.
2. Residential Treatment
Based on the testimony from State officials
and various treatment experts, we believe Florida needs more treatment beds
for substance abusers. Even though $420 million was committed this year to
Florida's governmental and private treatment providers, more than at any
other time, we heard testimony that waiting lists are so long that funding
for 400 or 500 additional treatment beds is essential for the Department of
Children and Family Services alone to provide treatment to all who want it
and/or need it. If the experts say it is so, then we believe it must be
given great weight. We do not believe Florida should gamble that there is
some margin of error in these numbers. Therefore we recommend that the
Legislature provide the funding suggested by the Drug Policy Advisory
Council for the Department of Children and Family Services, the Department
of Corrections, and the Department of Juvenile Justice. We realize that the
funding recommendation for 2001 was $12.5 million; however, we believe that
this is Florida's best opportunity to make true progress in reducing the
demand for drugs on a person by person, day by day basis.
3. Incarceration
Recognizing that a substantial number of
criminal defendants have committed crimes because of their drug addictions,
and that their incarceration for these crimes is required by law under
certain circumstances, we examined the manner in which they are exposed to
drug treatment and to the availability of drugs while incarcerated. We found
a lack of resources for treatment while in prison and after release, and we
found ready access to drugs within the prison system itself. While this
raises both supply side and demand reduction issues, we have chosen to
address it here because the greater harm is to the rehabilitation effort
than to the protection of the public at large.
Even though the possession of any kind of
drugs is illegal in prison, visitors, staff and inmates alike have been
caught with drugs or conspiring to smuggle them in. We heard testimony about
female visitors bringing drugs into the prisons hidden within their vaginal
cavities. One of the indictments we returned this session charged an
inmate's mother with conspiring to bring in an ounce of cocaine in this
manner. Once the substances are brought inside the secured areas, they are
then hidden in locations common to the visitors, inmates, and Department of
Corrections ("DOC") personnel, for example, in a bathroom, with a
"canteen" worker, or inside vending machine slots. We heard that
there are waiting lists of inmates ready to purchase these drugs as they are
smuggled into the prisons. Once the sellers learn that their prison cash
accounts have received the correct deposit amounts or they have received
in-prison favors, they then release the drugs in their possession. The
sellers have much to gain: because of the increased risks and logistics
involved, the value of these drugs is about three times that which they are
worth outside the prison walls. Surprisingly, we learned that inmates are
allowed to maintain a balance in their prison cash accounts of up to
$10,000.
To address the problem of trafficking within
the prison walls, DOC has employed what it calls a multi-faceted solution
that includes:
(1)
random drug testing among the inmates (about 3 percent of the inmates are
tested each week),
(2)
employment of narcotics detection canines, and
(3)
a drug interdiction unit comprised of inspectors.
We heard testimony that there are only about
200 arrests per year for drug offenses in the prisons. DOC is aware of about
15 guard arrests per year for prison-related drug charges out of the 18,000
corrections officers they employ. About 90 percent of the 200 arrests are of
prison visitors, who typically visit inmates during the weekend. Upon their
entrance to the facility, corrections staff conduct a visual inspection of
hand carried items and require the visitors to pass through a metal
detector; a pat-down search is not usually conducted.
Charged with investigating these smuggling
incidents are the prison inspectors employed by DOC. There are approximately
50 inspectors in five regional offices. Each of the inspectors handles about
a dozen investigations per year. But we also learned that even though their
actions constitute the actions of the State, the inspectors do not have the
status of sworn law enforcement officers. Such a status would permit them to
make arrests in the course of or upon completion of their investigations and
would permit them to direct the taping of one-party consent telephone
conversations, for example. In order to perform these functions now, the
inspectors must call upon and wait for the local sheriff to do the job. The
inspectors and others at DOC assert that this condition also contributes to
a lack of respect for the inspectors' work by the inmates, who feel that the
inspectors do not have the authority to compel cooperation with the
investigations.
DOC has 10 canine teams available to help
detect illegal drugs in the prisons, which we do not believe is adequate to
maintain control over 60 major institutions, even with the occasional
supplemental teams provided by the Florida Highway Patrol. In fact, their
limited resources only allow DOC to conduct about one complete stem-to-stern
search of each major institution per year.
Thus we do not believe the relatively low
number of arrests is indicative of the level of illegal drug activity in
prison but rather of a lack of authority and resources. Finally, we note
with some concern that corrections officers are not being subjected to
random drug testing, although Florida law provides for it according to
Florida Statute 944.474.
All of this evidence leads us to believe that
drug treatment inside the prison system can and is being sabotaged by easy
in-house drug trafficking. Additionally, research cited by DOC indicates
that treatment without after-care is tantamount to no treatment at all.
Current funding levels only allow for the after care of about one-fourth to
one-third of those receiving treatment in prison. It is estimated that DOC
needs another $38 million to provide the in-prison treatment, after-care and
transitional services to the 63 percent of DOC's 68,000 inmates who need it.
Based on the testimony of corrections
officials, we strongly recommend the following: that the Legislature provide
for the funding of at least one drug detection canine in each facility; that
DOC inspectors be given sworn officer status; that DOC reduce the amounts
that inmates can accrue in their cash accounts; that DOC implement the
random drug testing program that is authorized by law; that the Legislature
provide funding for alcohol and drug addiction treatment, periodic
reinforcement sessions, and transitional services; and that DOC be
encouraged to make the investigation and prosecution of contraband smuggling
its highest investigative priority.
4. Schools
Finally, we come to what is probably the most
important piece of the drug use reduction puzzle - the early education of
Florida's school children. It cannot be emphasized enough that education is
the key to the success of all of these efforts.
Based on witnesses from various State
agencies, school resource programs, and the DARE program, we offer some
recommendations for consideration by the education experts.
a.
We believe that in order for drug education to be effective, it must be
given at all grade levels. We have learned there is a strong drug education
program in elementary schools that teaches children the effects of drugs and
the ethic of abstinence from their use. The DARE program uses uniformed law
enforcement officers to teach fifth and/or sixth graders and is employed in
about 75 percent of the school districts in Florida. But we are dismayed to
learn that there is no concerted continuation of these efforts into middle
and high schools, where the availability of drugs becomes virtually
unbounded and the risk of drug use onset skyrockets. The DARE America
organization has produced a 10-day course for middle school students and a
week-long course for high school students, but these courses are not in
general use in the State of Florida, because of inadequate funding.
Alternative programs should also be considered, for example, the Florida
National Guard's drug abuse education program.
We heard about a young deputy sheriff who posed
as an undercover high school student in the Central Florida area, and whose
efforts to purchase illegal substances resulted in 42 arrests at two
schools. We also learned about the ready availability in middle and high
schools of MDMA ("ecstasy"), LSD, and marijuana. Therefore, we
must recommend that education classes on the effects of these drugs be given
at our middle and high schools, no matter the cost.
b.
We believe a School Resource Officer ("SRO") is a valuable
component of the education, as well as the enforcement effort. SROs give
children someone in authority to go to when confronted with drugs or
encouragement to use them. They provide a tangible symbol of the rule of
law. We know from the testimony and from our own common sense that students
will wait for the School Resource Officer to leave campus before they engage
in their drug transactions. We learned two unsettling things: (1) there is
no consistency in the provision and use of this valuable tool in schools
throughout the State -- in some locales, SROs are provided by the sheriff or
city police department, and in some by a pooling of resources between the
school district and law enforcement, and in some locations, not at all; and
(2) SROs appear to be hampered in their ability to effectively combat drug
use and sales on campus, as they are assigned many other duties, such as
taking reports, solving missing property cases, traffic duty, and providing
after-hours protective services to students and faculty. Therefore, we
recommend that every school in the State of Florida be provided with at
least one full-time SRO and that they be given the charge to address drug
issues in the school.
c.
As with the prisons, we strongly recommend the use of canine drug detection
units in each school in Florida. Detection dogs are specially selected and
trained to sniff out the substances they have been taught to bring out of
hiding, such as certain types of drugs and money. They can also be helpful
to police in capturing or subduing fleeing or violent offenders. They are an
excellent value, as their upkeep is modest compared to the service they are
able to provide law enforcement: the unobtrusive, non-invasive, and fairly
applied detection of contraband and crime.
d.
We believe that the student-to-teacher ratio must be addressed in this
State. Individualized attention to children can result in identification of
those at risk of developing a desire to engage in recreational drug use and
can help address substance abuse problems generally.
e.
We also believe that "open campuses" and personal automobile use
by students during the school day simply begs outsiders to enter with
illegal intent and allows children to leave campus to commit illegal
activity. Therefore, we recommend that school administrators consider
establishing minimum security standards for the schools in their local
districts and to make drug distribution and abuse a consideration in every
decision regarding the physical setting in which children are receiving
their education.
f.
We also believe that children are rushed too quickly through development and
into circumstances where illegal drugs are available to them. Sixth grade
children who are moved into middle school settings, and ninth grade children
who are moved into high school settings, are exposed to the activities of
their older peers before they are ready to understand the consequences of
their actions. They will be followers and will have a difficult time being
leaders with such a huge age and maturity gap between them and the older
students.
Therefore, we recommend consideration of the
delay of a school child's entry into junior high school until the 7th grade,
and the retention of 9th graders in junior high school. We believe this can
bolster 6th and 9th graders' images of themselves as leaders in their
schools, as well as postpone their exposure to the higher availability of
illicit drugs found in high schools. Delaying the onset of "first
use" is a good goal, even if to save children exposing themselves to
poisons while they are still physically developing. And if it can be
achieved, it portends an entire generation maturing into adulthood without
drug dependency. The education system is critical to achieving this goal.
g.
Finally, and more importantly than anything the education system can do for
a child, it cannot be emphasized enough that parents are an essential part
of the anti-drug abuse campaign. Based on what we heard, the children whose
parents are not involved in the operation of the school and its programs are
the children who seem to have the problems. It's the parents who do not
participate in teacher-parent meetings, decision-making, and after-school
programs who would benefit most from them, according to the witnesses. This
suggests that increased parental involvement is evidence and is a direct
result of the enforcement, at home, of the ethic and value of drug
abstinence.
Therefore, we recommend that the governmental
and private agencies in touch with families promote an intensive parental
education program to teach parents the methods and facts that can help them
prevent children from experimenting with drugs and give them a place to turn
for immediate help. We further believe that each one of us must encourage
and praise parental involvement in the education system, and become involved
in mentoring programs to give young people the role models they sometimes
lack at home. We note that the Governor is promoting mentoring programs and
is encouraging State agencies to provide one hour of paid leave per week to
staff members who serve as mentors. We enthusiastically endorse the
Governor's Mentoring Initiative and encourage agency leaders to promote and
participate in it.
5. Insurance Coverage
Based on testimony presented to us by the
treatment community, we believe that the physiology of addiction is better
understood and better treated today than at any other time, and yet, we have
failed as a society to classify it as the medical condition that it is now
understood to be by the scientists who have been studying it and making
discoveries relating to it. We heard testimony that addiction is a disease
-- an identifiable, measurable, treatable disease of the brain that
frequently leads to deterioration of heart, lung and brain function, and
eventually death. If it is a disease, we recommend that health insurance
providers cover all medical costs related to drug addiction.
We learned that:
A 1998 study by the U.S. Substance and Mental Health Services Administration
("SAMHSA") showed that health insurance premiums would only
increase by about $1 per month per insured for coverage on par with other
diseases
A 1999 SAMHSA report concluded that after enactment of the Mental Health
Parity Act of 1996, which extended health insurance coverage to psychiatric
treatment at the same rate as physical injury and disease, 86 percent of
employers found they did not need to adjust their own contributions, because
the actual difference in premiums was expected to be negligible
A 1999 Rand Corporation study showed that it only costs $5 per person per
year to extend unlimited substance addiction treatment benefits to employees
of large companies
We heard testimony that persons with access
to private drug treatment can obtain that treatment virtually immediately,
but that the great majority of those who cannot afford to pay for it must
wait for access to government subsidized programs. If health insurance
providers were required to cover addiction treatment as other medical
conditions are covered, and employers were required to select those carriers
and plans providing addiction treatment for their employees, then (1) more
people would get the treatment we know we as a society would benefit from,
(2) the burden would be shifted away from public monies being spent, and (3)
human suffering would be reduced. The alternative to insurance parity is to
make addicted people continue to wait for publicly funded treatment and make
the taxpayers pay more taxes.
Insurance companies should cover treatment of
addiction as they cover any other medical condition. The costs of doing so
have been demonstrated to be very small, and the benefit to society can be
tremendous: a 1997 study by the Agency for Health Care Administration
concluded that Florida incurred an estimated $250.8 million in hospital
charges for the treatment of illnesses caused or exacerbated by drug use.
The elimination, if possible, of a substance addiction earlier rather than
later results in (1) the avoidance of serious complications such as liver
disease, (2) a productive citizen rather than one who is an economic drain,
and (3) the avoidance of criminal behavior, which has its own quantifiable
and unquantifiable costs to its victims, and the resulting costs of
investigation, prosecution, and incarceration.
As a first step, we recommend that the State
begin this effort in the next insurance contract for State employees, by
requiring drug addiction parity in the State employees health plan contract. |
| D.
SUMMARY OF RECOMMENDATION
In summary, we recommend:
The Legislature give the Office of Drug
Control additional permanent funding for more employees
The Legislature give the Drug Control
Director "budget certification" responsibility for agency
compliance with Florida's Drug Control Strategy
The Legislature adopt the recommendations of
the Florida Seaports Study, including the creation of a seaport regulatory
agency, the adoption of statewide minimum security standards, creation and
implementation of a security plan by the operators of each port, full
background checks for all port employees, and the imposition of limitations
on the possession of firearms inside secure port areas; and that the
Legislature fund a comprehensive airport security study
The Legislature (or local government) create
a Miami River Authority and regulate the operation of the docks
State authorities seek additional federal
funding for a greater law enforcement presence on the Miami River
The scrapping of seized vessels to prevent
resale and further use in narcotics trafficking
The Legislature increase funding for the
Florida Highway Patrol and the Department of Transportation's drug
interdiction efforts, for such items as drug detection dogs and portable
x-ray equipment
The Legislature create and fund a statewide
drug trafficking and money laundering intelligence center
The Legislature expand and fund the Violent
Crime Council to include narcotics trafficking and money laundering
investigations
Increased state and federal funding for the
Florida National Guard's anti-drug efforts
The Legislature require the specific
direction of a portion of contraband forfeitures to fund the proposed
intelligence center and the Violent Crime Council expansion
The Legislature resurrect and re-define the
sales tax on illegal narcotics transactions
The State aggressively pursue the collection
of minimum mandatory fines in drug trafficking cases and earmark the money
for anti-drug efforts
The establishment of drug court
administrators in each county as authorized by the Legislature
That law enforcement officers and civil
judges educate themselves about the availability and efficacy of the
Marchman Act, which authorizes commitment to treatment for dangerous drug
abusers
The Legislature and the courts address the
elimination of pre-trial discovery depositions and the redirection of the
costs savings to drug abuse treatment, prevention, and education
The Legislature adopt the funding
recommendation for substance abuse treatment beds proposed by the Drug
Policy Advisory Council for the Department of Children and Families, the
Department of Corrections, and the Department of Juvenile Justice
The Legislature fund at least one drug
detection dog in each State correctional facility; give DOC inspectors sworn
officer status; and fund alcohol and drug addiction treatment, periodic
reinforcement sessions, and transitional services for prisoners
The Department of Corrections reduce the cap
on amounts that inmates can accrue in their cash accounts, implement the
random drug testing program authorized by law, and make the investigation
and prosecution of contraband smuggling its highest investigative priority
The expansion of drug education programs
beyond sixth grade in our schools
The provision of at least one full time
School Resource Officer in each school, with the responsibility of
addressing drug issues
The immediate availability of drug detection
dogs for schools
Consideration of delay of a school child's
entry into junior high until the seventh grade and the retention of ninth
graders in junior high
Further promotion by government agencies and
private entities of parental drug awareness education and student mentoring
programs
A pilot program for drug addiction parity in
health insurance coverage for State employees |
| IV.
CONCLUSION
When we embarked on this inquiry, we wanted
to make a mark, put our footprint on the landscape, to add value to the
discussions and the pursuit of success in the area of drug control in our
State. We had no idea how complex, provocative, and stimulating this subject
would become for us. We have deliberated and debated amongst ourselves,
called for a great deal of testimony and legal advice, and tried to ask
pertinent and relevant questions.
We were surprised by the similarity of the
thinking in our own group, as well as among the witnesses, in this one
respect: we believe education, prevention, and treatment are the
cornerstones of this effort. We believe that resources, accountability, and
cooperation are the keys to success. As we end our inquiry and issue this
report, we are optimistic that Florida's government officials, private and
commercial entities, and ordinary citizens will answer this call. If the
officials do not, and if the taxpayers do not support them, we will never
win this war. |
| THIS REPORT
IS RESPECTFULLY SUBMITTED to the Honorable Belvin Perry, Jr., Presiding
Judge of the Fifteenth Statewide Grand Jury, this _____ day of November,
2000.
_________________________________
ROLAND P. PICCONE
Foreperson
Fifteenth Statewide Grand Jury of Florida
I, MELANIE ANN HINES, Statewide Prosecutor and Legal Adviser,
Fifteenth Statewide Grand Jury of Florida, hereby certify that I, as
authorized and required by law, have advised the Grand Jury which returned
this report on this _____ day of November, 2000.
________________________________
MELANIE ANN HINES
Statewide Prosecutor
Legal Adviser
Fifteenth Statewide Grand Jury of Florida
I, OSCAR GELPI, Special Counsel and Assistant Legal Adviser,
Fifteenth Statewide Grand Jury of Florida, hereby certify that I, as
authorized and required by law, have advised the Grand Jury which returned
this report on this _____ day of November, 2000.
_______________________________
OSCAR GELPI
Special Counsel
Assistant Legal Adviser
I, RICHARD B. BOGLE, Chief Assistant Statewide Prosecutor and
Assistant Legal Adviser, Fifteenth Statewide Grand Jury of Florida, hereby
certify that I, as authorized and required by law, have advised the Grand
Jury which returned this report on this _____ day of November, 2000.
_______________________________
RICHARD B. BOGLE
Chief Assistant Statewide Prosecutor
Assistant Legal Adviser
I, CAROL J. BREECE, Chief Assistant Statewide
Prosecutor and Assistant Legal Adviser, Fifteenth Statewide Grand Jury of
Florida, hereby certify that I, as authorized and required by law, have
advised the Grand Jury which returned this report on this _____ day of
November, 2000.
_______________________________
CAROL J. BREECE
Chief Assistant Statewide Prosecutor
Assistant Legal Adviser
ORDER
This Report is ordered sealed until the requirements of
Section 905.28, Florida Statutes, have been met. Upon written motion of the
Legal Adviser, the Court will address the issue of publication. Further,
upon the Legal Adviser's oral motion for disclosure for the purposes of
furthering justice, the Legal Adviser is authorized to disclose the
testimony and proceedings recounted in the foregoing document in furtherance
of the criminal investigative and civil administrative responsibilities of
the Fifteenth Statewide Grand Jury.
______________________________________
Belvin Perry, Jr.
Presiding Judge
Fifteenth Statewide Grand Jury of Florida
Dated: ________________________________
Return to the Office
of Statewide Prosecution
|
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