Katelyn Baker
Well-Known Member
It's been about five months since Flagler County leaders last discussed the prospect of a proposed countywide adult civil citation ordinance that could give law enforcement the discretion to cite rather than arrest people caught with small amounts of marijuana.
Officials were expecting the measure to go before the County Commission in February or March. But several things have changed since the county's Public Safety Coordinating Council passed a version of the bill in August, and officials from at least two of the county's cities are opposed to opting into the program, should the county pass an ordinance.
Elected officials from Bunnell and Flagler Beach have yet to discuss the issue during a public meeting. But city managers for both towns said last week they would recommend that city leaders vote against opting in.
EXPRESSING UNCERTAINTY
"A lot of it has to do with, it's just not ready yet," said Bunnell City Manager Dan Davis. "It's just, there's too many holes in it and it's not organized enough."
The jail diversionary program would make pot possession of 20 grams or less - a first-degree misdemeanor under state law - a code violation that would carry a fine for first-time offenders in Flagler.
The public safety panel comprised of Flagler law enforcement, judicial, mental health and court stakeholders approved the measure by a 7-5 vote during an Aug. 10 meeting. That moved it forward to be considered by the County Commission.
Volusia County approved a similar ordinance on March 3 allowing officers to cite pot culprits on beaches and in other unincorporated areas of the county. That measure went into effect April 1.
But county officials in September said they would wait until after the November elections to reconvene on the matter, citing possible shake-ups on the governing bodies for both Palm Coast and Flagler County.
The political landscape in Flagler has shifted dramatically since then. Former County Commission chairwoman Barbara Revels and former sheriff Jim Manfre - two of the biggest proponents of the measure - are no longer in office. Today there's a new sheriff in Flagler, along with three new members of the Palm Coast City Council, including Mayor Milissa Holland.
Donald O'Brien, who supplanted longtime commissioner George Hanns on the county board, has said he favors the proposed ordinance. David Sullivan also said he'd support it during his campaign, though he shows no signs of being anywhere near the advocate that his predecessor Revels was. Revels chaired the public safety committee throughout last year's debate.
County Administrator Craig Coffey said he's delayed placing the ordinance on the agenda to give the two new commissioners time to get up to speed on other issues affecting the county, such as the ongoing battle to deal with destruction caused by Hurricane Matthew. He expects it to come before the board within the next two months.
"They've been great, like a sponge," he said of Sullivan and O'Brien, who joined the board Nov. 22. "But you can only throw so much at them at one time. We were trying not to bombard them with a gazillion things walking in the door."
The Palm Coast City Council has not yet discussed the ordinance. Bunnell Police Chief Tom Foster cast one of the votes against the ordinance and was one of its most ardent critics. Davis said he based his opposition to the proposed partly on Foster's outlook. Flagler Beach Police Chief Matt Doughney was also skeptical of the bill, although he was not present to cast a vote during the Aug. 10 committee meeting.
Flagler Beach City Manager Larry Newsom said his concerns with Flagler's proposed ordinance also stem from those of his police chief.
"There are a lot of what-ifs. That's the general concern from everybody," Newsom said. "You don't want to see anybody get in trouble, and it ruins their life. But like (Foster) said, these officers already make sound decisions in the field. Is it worthwhile?"
LACK OF UNIFORMITY
Many local leaders said they would be more supportive of a statewide program, and doubted the effectiveness of a disjointed county-by-county system, with some areas opting in while others don't. Some still expressed concerns as to how law enforcement and court officials will track offenses if there is no uniformity.
Flagler Sheriff Rick Staly said he sees flaws in the proposed ordinance, too, but said he'd direct his deputies to use citing minor pot offenders as an new alternative if it passes.
"I would tell them it is one of the options that they have in their tool box," Staly said. "So they would then end up with three options - they could write somebody a civil infraction like a traffic ticket, they could take them to jail, or they could charge them."
County Commission Chairman Nate McLaughlin conceded it would be better suited as a statewide program, and even admitted that he's not convinced the county has authority to pass an ordinance that essentially supersedes state and federal law. But he said he supports the principle of "decriminalizing everyday people."
"I'm in favor of passing it, not because I believe it's, in effect, something that we can do. I think it's really a toothless tiger," he said. "In passing this civil citation ordinance, my intent is to send a message to the Legislature and to Congress to say, 'Hey, look guys, prohibition on alcohol didn't work. We made criminals out of everyday citizens. It's not working on marijuana either.'"
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Marijuana Debate Smolders In Flagler
Author: Matt Bruce
Contact: 386-252-1511
Photo Credit: None Found
Website: The Daytona Beach News-Journal
Officials were expecting the measure to go before the County Commission in February or March. But several things have changed since the county's Public Safety Coordinating Council passed a version of the bill in August, and officials from at least two of the county's cities are opposed to opting into the program, should the county pass an ordinance.
Elected officials from Bunnell and Flagler Beach have yet to discuss the issue during a public meeting. But city managers for both towns said last week they would recommend that city leaders vote against opting in.
EXPRESSING UNCERTAINTY
"A lot of it has to do with, it's just not ready yet," said Bunnell City Manager Dan Davis. "It's just, there's too many holes in it and it's not organized enough."
The jail diversionary program would make pot possession of 20 grams or less - a first-degree misdemeanor under state law - a code violation that would carry a fine for first-time offenders in Flagler.
The public safety panel comprised of Flagler law enforcement, judicial, mental health and court stakeholders approved the measure by a 7-5 vote during an Aug. 10 meeting. That moved it forward to be considered by the County Commission.
Volusia County approved a similar ordinance on March 3 allowing officers to cite pot culprits on beaches and in other unincorporated areas of the county. That measure went into effect April 1.
But county officials in September said they would wait until after the November elections to reconvene on the matter, citing possible shake-ups on the governing bodies for both Palm Coast and Flagler County.
The political landscape in Flagler has shifted dramatically since then. Former County Commission chairwoman Barbara Revels and former sheriff Jim Manfre - two of the biggest proponents of the measure - are no longer in office. Today there's a new sheriff in Flagler, along with three new members of the Palm Coast City Council, including Mayor Milissa Holland.
Donald O'Brien, who supplanted longtime commissioner George Hanns on the county board, has said he favors the proposed ordinance. David Sullivan also said he'd support it during his campaign, though he shows no signs of being anywhere near the advocate that his predecessor Revels was. Revels chaired the public safety committee throughout last year's debate.
County Administrator Craig Coffey said he's delayed placing the ordinance on the agenda to give the two new commissioners time to get up to speed on other issues affecting the county, such as the ongoing battle to deal with destruction caused by Hurricane Matthew. He expects it to come before the board within the next two months.
"They've been great, like a sponge," he said of Sullivan and O'Brien, who joined the board Nov. 22. "But you can only throw so much at them at one time. We were trying not to bombard them with a gazillion things walking in the door."
The Palm Coast City Council has not yet discussed the ordinance. Bunnell Police Chief Tom Foster cast one of the votes against the ordinance and was one of its most ardent critics. Davis said he based his opposition to the proposed partly on Foster's outlook. Flagler Beach Police Chief Matt Doughney was also skeptical of the bill, although he was not present to cast a vote during the Aug. 10 committee meeting.
Flagler Beach City Manager Larry Newsom said his concerns with Flagler's proposed ordinance also stem from those of his police chief.
"There are a lot of what-ifs. That's the general concern from everybody," Newsom said. "You don't want to see anybody get in trouble, and it ruins their life. But like (Foster) said, these officers already make sound decisions in the field. Is it worthwhile?"
LACK OF UNIFORMITY
Many local leaders said they would be more supportive of a statewide program, and doubted the effectiveness of a disjointed county-by-county system, with some areas opting in while others don't. Some still expressed concerns as to how law enforcement and court officials will track offenses if there is no uniformity.
Flagler Sheriff Rick Staly said he sees flaws in the proposed ordinance, too, but said he'd direct his deputies to use citing minor pot offenders as an new alternative if it passes.
"I would tell them it is one of the options that they have in their tool box," Staly said. "So they would then end up with three options - they could write somebody a civil infraction like a traffic ticket, they could take them to jail, or they could charge them."
County Commission Chairman Nate McLaughlin conceded it would be better suited as a statewide program, and even admitted that he's not convinced the county has authority to pass an ordinance that essentially supersedes state and federal law. But he said he supports the principle of "decriminalizing everyday people."
"I'm in favor of passing it, not because I believe it's, in effect, something that we can do. I think it's really a toothless tiger," he said. "In passing this civil citation ordinance, my intent is to send a message to the Legislature and to Congress to say, 'Hey, look guys, prohibition on alcohol didn't work. We made criminals out of everyday citizens. It's not working on marijuana either.'"
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Marijuana Debate Smolders In Flagler
Author: Matt Bruce
Contact: 386-252-1511
Photo Credit: None Found
Website: The Daytona Beach News-Journal
