Sarasota News Leader

05/03/2013

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Sarasota News Leader May 3, 2013 Page 35 April, after that municipality's ordinance was approved. Among the other local government entities that have implemented such ordinances are Orange, Volusia, Pinellas, Palm Beach and Miami-Dade counties as well as the cities of Gainesville, St. Petersburg, Tampa, Orlando, Miami Beach and Key West. DeMarsh concluded his report by writing, "Given the legal intricacies of these ordinances and lack of case law guidance at the present time," he recommended a more expansive disclaimer than some local governments provide, "so registrants understand that the ordinance is not a substitute for estate planning or other legal counsel." THE STATE BILL Regarding the legislative action this year, DeMarsh noted that Senate Bill 196, which sought to establish a statewide registry, would not preempt local governments from enacting their own ordinances as long as the laws were not in conflict with state law. Commission Chairwoman Carolyn Mason. Photo by Norman Schimmel Shelin, who reviewed DeMarsh's memo at the request of the News Leader, said the only flaw ordinances with just about 7-8 very narrow he found was in DeMarsh's information about rights included. That version received a 5-4 the state bill: It was not up-to-date. favorable vote out of the committee, but has "The Senate version [of the bill] he mentions not been considered by the full Senate and was substantially rewritten after the … Fam- likely won't as the session winds down. The ilies, Elder Affairs and Children Committee House version was never revised and was nevrefused to consider the bill [when it first was er considered in committee." scheduled for a hearing] because it was 'overShelin was pleased to learn that Mason is planly broad,'" Shelin wrote in an email. ning to bring up DeMarsh's memo for discus"The bill was substantially revised and the sion next week. He was hopeful he could be resulting revision looked a lot like the local present at that time, he added. %

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