Legislation to ensure that cop killers in Florida get their just desserts is again moving toward passage in the Capitol.

Lawmakers in both chambers of the Legislature voted unanimously to advance bills (SB 234, HB 175) to enhance penalties for manslaughter when it involves a law enforcement officer.

Both proposals are called the “Officer Jason Rainer Act” after Daytona Beach Police Officer Jason Rayner, who was fatally shot on June 23, 2021. He was just 26.

Prosecutors sought a first-degree murder conviction for Rayner’s killer, Othal Wallace, who resisted lawful detainment by Rainer, forced a physical confrontation and in less than 30 seconds pulled a gun and shot Rayner in the head.

Jurors found Wallace guilty of a lesser manslaughter charge, which carries a maximum 30-year prison sentence when the crime involves a firearm.

Community outrage followed Wallace’s sentencing. So did legislation last year from Fort Myers Republican Sen. Jonathan Martin and Jacksonville Republican Rep. Jessica Baker, both former Assistant State Attorneys.

But the bills failed. Now Baker is back with an updated version of the measure, and St. Augustine Republican Tom Leek is carrying its Senate companion.

Both are now one vote from a floor vote in their respective chambers.

If passed, the legislation would add manslaughter to the list of crimes — including first- and second- degree murder, and attempted murder — against a police officer for which the mandatory minimum sentence is life imprisonment without parole.

It would also eliminate statutory language to clarify that a person cannot resist an officer with violence or the threat of violence when the officer is performing his or her official duties.

That change is necessary, Baker said, because “jurors can get confused” when interpreting the relevant statutes as they’re currently listed, and defendants have used that confusion to their advantage.

“What we’re doing with this bill is we’re removing the confusing language and we’re replacing it with language that the court has held it to mean in more laymen’s terms,” she said when explaining her bill Thursday to the House Criminal Justice Committee.

Leek, a lawyer, offered a similar explanation to members of the Appropriations Subcommittee on Criminal and Civil Justice the day before.

“This legislation puts the determination of who was at fault during a police interaction where it belongs: fully in the hands of the court,” he said.

Leek and Baker both heard from their Democratic colleagues about negative impacts the bill could have.

Tamarac Rep. Rosalind Osgood, a former Broward County School Board member who now leads a community-revitalization nonprofit, expressed concern that removing statute language clarifying that it’s lawful to resist unlawful arrests could create problems for people she represents.

Davie Rep. Mike Gottlieb, a criminal defense lawyer, also took exception with the change, which he argued may lead people to believe that there is no defense for an illegal arrest or use of force. He suggested substitute language to Baker, who agreed to consider it.

It was similarly a point of contention for Aaron Wayt of the Florida Association of Criminal Defense Lawyers, who spoke at both hearings this week. Wayt said his organization agrees with the overarching aim of the legislation, but can’t support it as-written because it believed the existing language helps to curb bad behavior by police officers and that deleting it would embolden “bad apples.”

“So, if an officer is doing something that they know is unlawful … and in bad faith, as (this legislation is) written, that officer then can use as much force s they want and we — us, the citizens — are powerless to do anything,” he said. “That can’t be what good law enforcement (and) prosecutors want.”

Leek and Baker maintained that while the changes their bills contemplated would affect the one statute, language elsewhere in Florida law and that is used in jury instructions would still guarantee that defendants could raise self-defense claims.

Organizations supporting the “Officer Jason Rainer Act” include the Florida Sheriffs Association, Florida Police Chiefs Association, Florida Smart Justice Alliance, Gun Owners of America, Florida State Fraternal Order of Police, Florida Police Benevolent Association, Volusia County Sheriff’s Office, Orange County Sheriff’s Office and Sun Coast Police Benevolent Association.

SB 234 will next go to the Senate Fiscal Policy Committee. HB 175 awaits a hearing before the House Judiciary Committee.

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Pinellas County Schools are backing off from an agreement with the federal government to deputize school police for immigration enforcement efforts.

Luke Williams, chief of Pinellas County Schools Police, signed the agreement authorizing officers to question people’s immigration status and detain them for turnover to immigration enforcement officials, according to a statement a district spokesperson sent to Florida Phoenix Thursday morning.

However, the school board and superintendent didn’t authorize Williams to sign that agreement and didn’t know he had.

“The agreement is administrative in nature as it does not obligate the district to participate in training,” wrote Isabel Mascareñas, the school district’s public information officer. “Pinellas County Schools does not intend to nominate any member of the Schools Police department to attend the training program to perform the functions of an immigration officer through the Immigration and Customs Enforcement (ICE).”

ICE took the Pinellas school police off its list of agencies with a pending task force agreement on Thursday morning, a day after the Phoenix reported that the district would have been the first in the country to enact such an agreement.

A spokesperson for the Florida Department of Education directed questions to the county but confirmed the department has encouraged districts to enact task force model agreements with ICE if they believe it would benefit safety.

All the sheriffs in the state and several municipalities and state agencies have entered task force model agreements with ICE, which Gov. Ron DeSantis has described as the maximum level of collaboration with the federal government.

Guidance the district issued following the Trump administration’s reversal of a policy restricting immigration arrests at schools remains in place, Mascareñas said.

“As always, the goal is to maintain a safe learning environment for our students. Ultimately, law enforcement is the function of law enforcement agencies, and not of the schools or the District,” the Jan. 27 guidance from the district to school principals states.

The district recommended that principals contact the legal department if ICE or other immigration officials contact them and emphasized that schools can’t inquire about students’ immigration status. However, the guidance also instructs schools to cooperate with officials seeking access to students and contact the parents only if the officials allow it.

Jared Nordlund, Florida director for Latino civil rights group UnidosUS, found it concerning that the school board and superintendent hadn’t been informed that the police chief had signed the agreement with ICE.

“I’m now wondering if that’s going to happen across the state, I mean, that shouldn’t be happening at all. … All people involved in the school district, from managing down to teaching, should be involved in a plan,” he said in a phone interview with the Phoenix.

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Republished with permission from the Florida Phoenix. By Jackie Llanos, a recent graduate of the University of Richmond. She has interned at Nashville Public Radio, Virginia Public Media and Virginia Mercury.

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Last Call – A prime-time read of what’s going down in Florida politics.

Ed. Note — Sunburn is taking the night off and will return to your inboxes on Monday morning as we get over Peter’s ” bad hip day” (he is recovering nicely, by the way). Thanks for your readership and support. Stay safe!

First Shot

The Florida Chamber of Commerce supports Republican Nathan Boyles in the Special Election for House District 3.

“While Florida continues its growth and economic momentum, we need strong leadership committed to championing the policies necessary to further Florida’s global competitiveness, job creation, and a vibrant quality of life,” Chamber CEO Mark Wilson said.

“The Florida Chamber has put forth a strategic plan to make Florida a top 10 global economy by 2030, as well as create 1.45 million net new jobs, and we trust Nathan Boyles will help keep us on a pathway to get there as a member of the Florida House.”

Boyles is running to replace former state Rep. Joel Rudman, who left office to run unsuccessfully for Congress.

The HD 3 race is one of two legislative Special Primary Elections scheduled for April 1, with General Elections slated for June 10.

Boyles has run and won office before. He’s a former Okaloosa County Commissioner and a small-business owner.

“Throughout the past two decades, my wife and I have built and grown multiple successful small businesses in our Northwest Florida community,” Boyles said. “Having the support of the Florida Chamber of Commerce highlights my career as an entrepreneur and I look forward to partnering with them in Tallahassee to continue to build Florida’s strong workforce and champion economic opportunity.”

The Chamber endorsement comes the same day former Chief Financial Officer Jimmy Patronis also offered his support for Boyles, calling him an “America First fighter.”

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Nearly a month after the proverbial dust settled around whether she could return to the Legislature’s upper chamber, Rep. Debbie Mayfield is adding the Sunshine State’s chief business advocacy organization to her list of supporters.

The Florida Chamber officially backs Mayfield’s bid for Senate District 19, describing her as a “stalwart defender of free enterprise” who fights “against job-killing regulations.”

“Rep. Debbie Mayfield is committed to Florida’s future and will continue to work to help Florida maintain a pro-jobs climate and safeguard the strength of our growing economy,” Wilson said.

“She has proven through her years of service to the people of Brevard County that she is focused on job creation and furthering economic opportunity for all Floridians.”

Mayfield is one of four Republicans competing in an April 1 Primary for the SD 19 seat, which Brevard Republican Sen. Randy Fine is vacating at the end of this month to run for Congress.

“I’m proud to have the support of the Florida Chamber of Commerce,” Mayfield said in a statement. “They represent Florida’s brightest companies and job creators. Working together with President Trump and our Governor, we can expand Florida’s record-breaking job growth into the future.”

Other Republicans in the race include Marcie Adkins, Mark Lightner and former Melbourne City Council member Tim Thomas.

Evening Reads

—“Donald Trump prepares order dismantling the Education Department” via Cory Turner of NPR

—”Trump grants one-month tariff reprieve to some goods from Mexico, Canada” via Mary Beth Sheridan, Michael Birnbaum and Abha Bhattarai of The Washington Post

—”Trump raids will now target migrant families who entered the U.S. with their children” via Julia Ainsley of NBC News

—”10 Democrats join with Republicans to censure Rep. Al Green for Trump speech protest” via Veronica Stracqualursi, Sarah Ferris and Annie Grayer of CNN

—”Ron DeSantis wants to repeal the red flag law. What is it?” via Romy Ellenbogen of the Tampa Bay Times

—”DeSantis warns Byron Donalds about missing votes. He missed plenty in 2018.” Via Kirby Wilson of the Tampa Bay Times

—”Florida is cracking down on Spring Break ‘chaos and mayhem,’ Gov. DeSantis says” via Gabrielle Russon of Florida Politics

—”Andrew Tate says he plans to live in Florida despite ‘hee haw’ over return to U.S. soil amid overseas charges” via Michael Ruiz of Fox News

—”The horrendous norovirus is hitting Florida hard. How to protect yourself.” via Cindy Krischer Goodman South Florida Sun-Sentinel

—”With ‘Sesame Street’ searching for a new home, Sesame Workshop undergoes layoffs” via Alex Weprin of The Hollywood Reporter