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Senate President says House Gun Bills “In Trouble”

February 3rd, 2016 by flanews

There’s been no shortage of arguments on both sides of a heated back and forth argument on new gun legislation in the state. As Matt Galka tells us, the fates of both the campus carry and open carry bills may already be decided in both chambers.

The Florida House spent three hours questioning two controversial gun bills Tuesday night.  One allows concealed carry on college campuses, the other allows open carry throughout the state. Democrats heavily oppose both.

“There’s two constituencies, right? There’s the NRA, and then there’s everyone else, and the majority of Floridians don’t think there should be guns in schools or guns on college campuses,” said Rep. Jared Moskowitz (D-Coral Springs).

But gun issues rarely have trouble passing the Republican controlled House.  Open carry sponsor Matt Gatez (R-Shalimar) says it’s about liberty for Floridians.

“Why are we one of only five states that doesn’t allow open carry? I would hope that members of the Senate would be with members of the House in trying to provide the most liberty we can,” he said.

But the Senate President didn’t mince word about both bill’s chances in his chamber

“I think they’re in trouble, I think they’re in trouble. They’re in judiciary, it’s not my intent to pull those bills out of committee, it’s up to the chairs to make those decisions so yea, they’re probably in trouble,” said Senate President Andy Gardiner.

The Senate judiciary chairman said he would not hear the campus carry bill in his committee, and it’s not certain if Open carry makes the cut, either. Gaetz says he’s optimistic.

“I don’t know that any bills are in trouble quite yet 4 weeks into the legislative session, we have 5 weeks left of work and I’m hopeful that we’ll at least get an up or down vote,” he said.

The House did amend their open carry proposal; lawmakers could conceal carry in legislative meetings if it became law.

The Florida House went into session at 3 and they’re expected to pass both gun bills this evening. There are ways the Senate could take the bills up even if they don’t clear Senate committees.

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Family Still Seeking Closure 15 Years After FSU Football Player’s Death

February 2nd, 2016 by flanews

It’s been 12 years and counting since the family of a Florida State football player settled with the university following his death after a practice. As Matt Galka tells us, they’ve been in limbo for more than a decade – waiting on lawmakers to approve their claims bill.

15 years ago, Devaughn Darling had big dreams. He was a football player at Florida State University…playing alongside his twin brother, Devard.  And then on February 26th, 2001, Devaughn died following a brutal morning practice.

“Devaughn is buried in a Florida State uniform down in Houston Texas right now because we love this place so much,” said his brother, Devard.

The Darling family eventually settled with FSU in 2004 for $2 million dollars.  But the school was only allowed to pay $200,000 dollars to the family.  The rest has to be paid by the legislature.  That has yet to happen.

State Senator Arthenia Joyner (D-Tampa) has sponsored the family’s claims bill for seven years.

“The wait for the deliverance of justice for this family is now in its 15th year, almost as long as Devaughn walked the streets of this Earth,” she said.

The family’s push comes with some irony, as it was FSU day at the Capitol.

Devard Darling says he hopes it’s a sign of good things to come.

“Everything happens for a reason and we believe we’re doing the right thing, we think justice will be served,” he said.

The Senate’s president says he’s open to hearing claims bills, but it starts with the bill passing through the required committees.

The claims bills have been filed in both the House and Senate but have yet to be scheduled for a committee

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Supreme Court and Legislature Face Death Dilemma

February 2nd, 2016 by Mike Vasilinda

Florida’s dead penalty was on trial at the Florida Supreme Court today. It was the first death case taken up by the court since the nations high court said in January parts of Florida’s death penalty are unconstitutional. As Mike Vasilinda tells us, now Florida’s Justices must decide if everyone on death row gets a life sentence or if some may still be executed.

Michael Lambrix is scheduled to die February 11th. But his black bordered death warrant was signed weeks before the U-S Supreme Court ruled that the way Florida sentences people to death is unconstitutional. Their reason, because judges, not juries make the final decision. Lambrix attorney Marty McClain told the state Supreme Court the condemned mans death sentence is invalid.

“Under Florida law, there has not been a conviction of the facts necessary to impose death” McClain told Justices

The lawyer wants everyone on Death row to get a life sentence.

“To execute people in Florida on the basis of a statute that has been declared unconstitutional is just wrong” McClain said in closing.

But the State argues the US Supreme Court decision doesn’t apply to the 389 already on death rowans says all should be put to death. Assistant Attorney General Scott Brown said commuting the sentences to life would be “Catasthropic”.

“These are horrible, tragic cases. And to unsettle the expectations of victims family members in that manner is clearly unwarranted” says Brown.

The arguments come as lawmaker are being forced to change how juries decide a death sentence. The current law allows a 7-5 split.
For the last four years, legislation to require unanimous jury verdicts, or even to abolish the death penalty have been introduced. Neither has gone anywhere.1

Juries in Lambrix’s case recommended death by 8-4 and 10 to 2 margins.

Defense attorneys say keeping a death sentence for some but not

everyone already convicted would violate the constitution’s provision for equal treatment under the law.

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FAMU President to be Absent from University’s Day at the Capitol

February 2nd, 2016 by Mike Vasilinda

Today was FSU Day at the State Capitol. President John Thrasher was fully engaged. On Thursday, it’s FAMU day at the State House, but FAMU’s President will not be there. President Elmira Mangum will be in Washington. Many close to higher education say Mangum is snubbing lawmakers at a time when she’s barely recovered from efforts to fire her. None would go on the record, but supporter Arthenia Joyner says the talk of a snub is being blown out of proportion.

“Well, I don’t think she’s snubbing the legislature. she has important business for her university that happens to take place in the nation’s Capitol. And so you have to juggle your schedule and prioritize and I think that we can handle this without her. She has all of us who are graduates, as well as the alumni, and the President and it can be done” says Joyner.

Mangum will be in Washington DC attending congressional meetings and the National Prayer Breakfast.

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Biting Dogs to Get Reprieve

February 2nd, 2016 by Mike Vasilinda

Legislation to give dogs who bite a second chance at life was given tentative approval by the State Senate today. Know as Padi’s law, the legislation was introduced after a lab mix know named Padi bit a young child’s ear lobe off after the child followed the retreating dog under a desk. Current state law says dogs who cause that kind of injury must be put to death, but a judge gave the dog a reprieve,and now lawmakers are about to clarify the law. Sen. Bill Montford, (D-Tallahassee) has the bill in the Senate.

“For example, if some were to climb into a junkyard, and a junkyard dog bites the person, by law, you’re supposed to put the dog down. And that doesn’t make sense so this is really a clarifying bill and its long overdue” says Montford.

The legislation is expected to be on the Governor’s desk as early as next week.

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Local, State Park Ideas Go Down Different Paths

February 1st, 2016 by flanews

It’ s not all fun and games when it comes to local and state park policy in Florida’s capitol. As Matt Galka tells us, some lawmakers want to make them more accessible at a local level, while state officials are trying to figure out how to get state parks to make more money.

Giving veterans, their families, and law enforcement and first responders better access to local parks that may charge a fee is gaining steam in the Florida capitol. Representative Kevin Rader’s bill would give them discounted rates.

“It already is law on the state side, our state parks already have it, this bill mimics is on the city and county level,” said Rep. Kevin Rader (D-Boca Raton).

Florida’s Department of Veteran’s Affairs supports the plan.

“We have folks who served all over the globe, they come back home to Florida, they establish residency, they become part of the fabric of our communities and it’s a way of saying thanks,” said Executive Director Col. Mike Prendergast.

The bill is moving while Florida’s Department of Environmental Protection Secretary is trying to get state parks to be self sustaining.

DEP secretary Jon Steverson came under fire in the last year after proposing to open up some state parks to grazing and timber harvesting in an effort to boost revenue. Here’s what he said in 2015:

“I want to say hey what can we do to make our state parks the most beneficial to the citizens of the state, the visitors of the state, and to the environment that we’re serving.”

The local parks bill sponsor says his proposal wouldn’t have an impact on the controversial idea.

“It really does not, this is allowing our service folks who protect us every day to enjoy our city and county parks at a discount,” said Rader.

Environmentalists have heavily opposed the idea of opening up the parks in an effort to make more money.

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