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Local Governments Free to Ban Pot Shops

June 14th, 2017 by Mike Vasilinda

88 Florida cities have adopted moratoriums or other restrictions on medical marijuana dispensaries, As Mike Vasilinda tells us, the bill lawmakers passed for medical pot will let cities or counties ban the dispensaries altogether.

A fight over how many retail locations medical marijuana growers can operate delayed legislative action for a month. When a compromise appeared during last weeks special session, it contained something not seen before:  authorization for local governments to ban dispensaries. Sen. Kevin Rader was unhappy.

“Why are we allowing local elected officials in any county or municipality to override the will of the voter?” asked Rader.

The legislation now awaits the Governors signature, which Rick Scott says will be forthcoming.

Cities and Counties have a choice when it comes to medical marijuana dispensaries. Treat them like a drug store, or ban them.

Sponsor Rob Bradley says allowing the ban was part of the grease that made the pot deal possible.

 

“I would disagree with such a decision, but if a local jurisdiction would like to not have dispensaries in there area, they have that ability to do that. I hope they don’t exercise that ability” says Bradley.

Casey Cook is the Senior Legislative Advocate for the League of Cities

Q:”Do you think some local governments will ban medical marijuana dispensaries?” we asked.

“It’s too early to tell. I would think with 412 cities in the state, you would have some cities that decide to ban the retail space. that being said, medical marijuana would still be available to patients in those communities, either from a dispensary in a neighboring city or the unincorporated county, or through direct delivery” says Cook.

While bans are possible, Only three counties in Florida saw a medical marijuana vote below 60 percent. even there a majority in all three still said yes.

In addition to 88 cities, four counties have restrictions on marijuana dispensaries. Once the legislation becomes law, those four (Sumpter, Osceola, Hernando, and Columbia) will likely have to revisit their ordinances to conform them with state law.

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Pam Bondi Receiving Extra Security

June 14th, 2017 by Mike Vasilinda

Since an stalker tried to get into Attorney Pam Bondi’s home on March 19th, Florida’s Attorney General has been receiving additional security. Bondi is now receiving protection 24/7 from the Florida Highway Patrol. When asked today, Bondi indicated she has received multiple threats, some of which are still unresolved.

“I have had things that are pending, well, one that you know about… a man, he’s in jail. He tried to break into my home twice. extremely frightening, and there are others out there that I can’t talk about. As well” says Bondi.

Q:So you are receiving additional security?”

“I have been receiving security. Yes I have” she responded. ”And I sleep at night as well. I haven’t since the 3Am incident, but I do now, thanks to the great men and women of the Florida Highway Patrol who protect me.”

Earlier this year, a  man was arrested for stalking Bondi at the State Capitol.

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State Pay Raises a Reality

June 14th, 2017 by Mike Vasilinda

Governor Rick Scott today signed legislation giving state employees a $1,400 pay raise for state employees earning less than $40,000 annually and $1,000 pay raise for those earning more than $40,000 annually.. Correctional officers will see a ten percent bump in the legislation, and sworn law enforcement officers will get a five percent raise. Scott says it is well deserved.

“I was proud to sign a bill to give pay raises that are well deserved, to state workers, law enforcement, and correctional officers. All those individuals are working hard. Since I got elected in 2010, I’ve met and actually respect a lot of people who work for the state. They are mission oriented and they want to do the right things” says Scott.

The 1400 dollars for those making under forty thousand is equal to at least three and a half percent for those at the top of the pay scale. It is identical to the raise they received in 2013.

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HB 7069 Tally: 23,440 yeas, 22,734 nays

June 13th, 2017 by Mike Vasilinda

The fate of a sweeping and controversial education bill is now in the hands of Governor Rick Scott. The measure combines nearly two dozen proposals and as Mike Vasilinda tells us, contains both a carrot and a stick for public schools.

On it’s face, House bill 7069 does a lot of good. Grades k through 5 will see 20 minutes of recess every school day, a teacher bonus plan is expanded. Principles will also see bonuses when their teachers perform. It also expands funding for special needs students. House Education Chairman Michael Bileca calls it targeted.

 

“We get to the teachers. we get bonuses to them. we get funding into the high poverty areas. Try to get meaningful, transformative change to these schools” says Bileca.

HB 7069 also significantly boosts charter school funding, creates charter schools of Hope to augment failing public schools, and for the first time allows charter schools access to federal Title One funding for low income students. Sen. Bill Montford worries about allowing charters to access not only federal, but local property tax revenues.

 

“Those dollars now will also be shared with charter schools, so it will be far less money to meet the needs that we don’t even have enough money to meet now” says Montford.

The legislation, particularly School of Hope, was the top priority for the House Speaker. It became a bargaining chip in budget negotiations.

Governor Rick Scott has said there is no deal to give him what he wanted in exchange for the expansive school legislation. None-the-less, he is expected to sign it later this week.

Lawmakers passed 7069 on May 8th. It didn’t reach the Governor’s desk until Monday, long after a budget deal was crafted.

The Governors office says as of this afternoon, 23,440 people have called, emailed, written or signed petitions in favor of signing HB 7069, while 22,734 say they want the bill vetoed.

If signed, Parents won’t see any changes this fall, but educators warn they’ll see less maintenance, older school buses and some public school program cuts over the next few years as a result of schools having to share local tax revenues. Dozens of calls were made asking the Governor to veto the legislation.

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Burden of Proof Shifts in Stand Your Ground Cases

June 12th, 2017 by Mike Vasilinda

Lawmakers made changes this year to the Stand Your Ground law and as Mike Vasilinda tells us, prosecutors say the change may let some bad guys go free.

A 2011 road rage incident involving an Indiana family on their way to a theme park has shaped Stand Your Ground cases ever since.

“And he stopped in the middle of the road and he will not move his vehicle” said a 911 caller in the car.

“He has a gun pointed to me at the back of my car” claimed the driver who stopped in front of the Indiana family.

The driver who made the first call was charged with aggravated assault. His case went to the State Supreme Court. The court said it was okay for prosecutors to make people claiming stand your ground to prove they were in fear for their life.

 

“and prosecutors have been ignoring the law” says the NRA’s Marion Hammer.

The NRA has been fighting the so called burden of proof hearings ever since. Lawmakers agreed and the Governor has signed legislation that now shifts that burden.

“It just puts the burden of proof back on the prosecutors where it should have been all along” says Hammer.

The NRA had powerful allies: The state’s public defenders. Stacy Scott is the Public Defender in the 8th Circuit headquartered in Gainesville.

 

“What happens if a person exercises their right to self defense and is arrested anyway? What happens is they are in a world of trouble” Scott told a legislative committee earlier this year.

Before the change, advocates argued you were guilty until you could prove your innocence. Now you are innocent until proven guilty.”

 

State Attorney Jack Campbell says the change will make it harder to get witnesses to cooperate.

“The hardest problem we have in a lot of these cases is to get our victim comfortable enough and will ing to come forward to face their accusers. This is going to set up a scenario where will have to do that twice” says the top prosecutor for the Second Judicial Circuit.

Prosecutors also say the change could let some bad guys, particularly gang members, go free.

Prosecutors did win one battle. Lawmakers settled on clear and convincing as the standard for proving intent…that’s one step lower than where lawmakers started, which is beyond a reasonable doubt.

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One Year Later, Memory of Pulse Tragedy Still Inspiring Floridians to Donate Blood

June 12th, 2017 by Jake Stofan
One year ago Monday, 49 people lost their lives at Pulse Night Club in the worst mass shooting in the country’s history.
In the aftermath of the horrific act of violence Floridians came out in droves to donate blood in support of the victims.
OneBlood collected 28,000 pints of blood in just seven days last year following the shooting at Pulse Night Club.
On a normal week they take in just 18,000.
Kelsey Deese was among those who donated in the aftermath of the Pulse shooting.
Deese grew up in Orlando and has connections with the LGBT community in the city.
“I know a lot of people who are hurting still from it,” said Deese.
One year later Kelsey is still donating regularly.
One in three who gave blood in the wake of the tragedy were first time donors.
75% of them haven’t come back to donate again.
“You should come back, because you helped save a life a year ago and you can continue to do that every 56 days when you’re eligible to donate blood,” said Susan Forbes with OneBlood.
The blood used to save Pulse victims didn’t come from the donations following the shooting. It came from those who donated in the days leading up to the tragedy.
That’s why OneBlood officials say it’s so important to donate year round.
“Blood has to be there in advance of it ever being needed and that’s why these blood donors really are the first, first responders,” said Forbes.
Deese says last year’s tragedy was the wake up call she needed to become a regular donor.
She hopes others got the message too.
“I don’t think we need to wait for tragedies to happen to do something good,” said Deese. “I think it’s sad that sometimes that’s what it takes to get someone in the doors. “
The one time donations following the shooting didn’t go to waste.
It was being used in hospitals in a matter of days and is credited with saving hundreds if not thousands of lives.
To find your nearest OneBlood donation center, go to www.oneblood.org.

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2017 Special Session Ends

June 9th, 2017 by Jake Stofan
The 2017 legislative special session came to its conclusion today and Governor Rick Scott seems to have left with everything he had asked for.
He received $85 million dollars for Enterprise Florida, $72 million for Visit Florida and $215 million towards public schools.
“I traveled the state for five or six months I guess and I went and sold it to explain to people, you know this is what’s going on in session. I think everybody came to the conclusion this was good for our state,” said Governor Scott. “I think everybody understands that we’ve got to fund k-12 education, we’ve got to make sure we continue marketing our state through Visit Florida and we’ve got to continue to do the things we can to grow jobs in our state and I think that’s how people came to that conclusion.”
An agreement on the implementation of medical marijuana and a $50 million boost to help speed up the repairs on the Herbert Hoover Dike near Lake Okeechobee were also passed.

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Funding to Speed Up Herbert Hoover Dike Repair Passes

June 9th, 2017 by Jake Stofan
The state legislature has approved a $50 million boost to speed up repairs to the Herbert Hoover Dike in Lake Okeechobee.
Damage to the dock has caused environmental and public safety concerns in the surrounding region.
The funding was added in a surprise last minute call by the Governor.
He was present in both chambers as the funding passed.
“You know hopefully we’ll be able to continue getting state funds. The president has promised federal funds, but it’s money every year to continue to fix the dike. I mean they’ve been doing it, but doing it very slowly, it seems like it always takes longer, they keep pushing out the dates. My goal is to get it done by 2022,” said Governor Rick Scott.
The repairs on the dike are being carried out by the Army Corps. of Engineers.

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Medical Marijuana Implementation Passes

June 9th, 2017 by Jake Stofan
Legislators passed an implementing bill for medical marijuana today.
The deal includes 10 new growers licenses to be granted by October of this year.
Each grower can have up to 25 dispensaries.
The bill allows for more growers and dispensaries as the patient base grows.
The bill allows for edibles and vaporizing as methods of taking the drug.
The final deal did not include smoking.
“Medicine should make you better. Smoking is inherently an unhealthy act based on the evidence that we know today and so I’m comfortable that that is not a mode of delivery for medical marijuana,” said bill sponsor Senator Rob Bradley.
Governor Rick Scott says he plans to approve the legislation.
Lawsuits may still be on the horizon against the state because of the failure to include smoking.

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Bill on Governors Desk Looks to Tackle Synthetic Drug Loopholes

June 9th, 2017 by Jake Stofan
A loophole in Florida law concerning synthetic drugs is likely to be closed thanks to a bill awaiting the Governor signature.
The bill will make new drugs automatically illegal.
Earlier this year the Governor declared the opiate crisis in Florida a public health emergency.
His declaration was largely a response to synthetic opiates like fentanyl and carfentanyl, which are linked to a large portion of the nearly 4,000 annual opiate related deaths in the state.
“Ten to twelve people per day are dying across this state,” said Senator Darryl Rouson.
The new controlled substance act would increase penalties on traffickers of fentanyl and carfentanyl along with synthetic versions of marijuana and benzos.
Dealers have been making slight changes to the chemical make up of synthetic drugs to side step the law.
“Every year we have another bill to deal with the latest form of the drug that’s being shipped and killing our Floridians,” said bill sponsor Represenative Jim Boyd.
The act would make a wide range of substances illegal to close the loophole.
“This hopefully will encompass a broader range of those changes that they make to drugs so enforcement will be a lot easier,” said Rep. Boyd.
The bill also includes mandatory minimums for possession of large quantities  synthetic drugs, which some lawmakers find problematic.
The issue was debated heavily in both chambers. Senator Jeff Brandes argued judges should have discretion in seeking mandatory minimums.
“Let them look at the facts of the case. Let them look at the individual facts and make a decision about what the correct sentence should be,” said Sen. Brandes.
The debate revived interest among lawmakers to take a serious look at mandatory minimums for other drugs next year.
If signed into law the bill will take effect in October of this year.

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Medical Marijuana on way to Governor’s Desk

June 9th, 2017 by Mike Vasilinda

Legislation implementing the medical marijuana amendment voters approved last fall is on it’s way to the Governor.  As Mike Vasilinda tells us the measure bounced back and forth between the House and Senate over a controversial amendment, but was approved in the legislature’s final minutes late this afternoon.

In the middle of debating medical marijuana, the Senate recessed for a half hour to draft a last minute amendment. The half hour tuned into an hour and a half.

“So they are compliant with certification, that’s the bill” Sen. Denise Grimsley told Senators.

The amendment gave the seven existing growers a year to comply with food safety rules, but required new licenses to meet the standards right away. it was later removed by the House. For Sen. Tom Lee, it pinpoints what the legislation is about.

“It becomes a whole lot more about money” says Lee.

To smoke or not too smoke drew the most fire during debate.  Sen. Kevin Radar says voters have expectations.

“I believe they all thought that the way they are going to be using this medicine for medical purposes is by smoking. I think that’s what everyone actually believes in their heart” says Radar.

Gainesville Senator Keith Perry likes the smoking prohibition.

“We’re going to treat this like a drug and this drug is a medicine, then this needs to be administered in a form that will not cause further harm to the patients” says Perry.

Ocala’s Dennis Bailey told Senators he was voting no for his grandchildren.

“No matter what’s in the constitution, I still have concerns about this whole direction” says Bradley.

“28 yeahs, 8 nays.”

Mike Vasilinda Standup

“And the legislation also has money for Moffitt Cancer Center to begin researching medical marijuana.”

Rene Garcia was also one of the eight no votes.

“The fact that you can’t smoke it goes against what the voters of the state of Florida want” say Garcia.

The legislation is likely to face a legal challenge over the smoking issue.

In addition to a court challenge on smoking, the legislation is also likely to be challenged because it allows local governments to ban dispensaries within their borders.

 

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Session ends peacefully

June 9th, 2017 by Mike Vasilinda

Lawmakers spent the last two days arguing but appear to have reached agreement on increasing school funding, as well as giving the Governor money for Visit and Enterprise Florida. They finished about an hour before their 6PM deadline.  State Representative Jim Boyd says it often takes a deadline to force competing interests to agree.

“People start looking at the clock and sawyer have until six o’clock today unless we come back another time, and say, you know, our job is to do what the taxpayers sent us up here to do and that’s finish the job. I think most of my colleagues on both sides of the isle and both sides of the rotunda want to do that. It’s just that that are a lot of competing interests as you know and different priorities” says Boyd.

In the end, lawmakers made the choice to agree now instead of facing negative stories about they dysfunction and having to come back to fund schools before the end of July.

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New Medical Marijuana Bill Increases Growers and Dispensaries

June 8th, 2017 by Jake Stofan
Legislation to implement voter approved medical marijuana is moving closer to the finish line as the House and Senate versions of the bill passed through their final committee stops Thursday.
Patients will find it easier to find medical marijuana dispensaries under the compromise.
Ten new growers would be allowed by October, bringing the number of licenses growers to 17.
Each could have up to 25 retail stores. Stores and growers would increase as the number of patients increases.
Black Farmers are guaranteed at least one license.
Citrus Growers will receive preference for at least two of the new licenses.
“It breaks your heart when you see some of these old orange juice factories that are shut down, jobs lost. Transitioning those industries to something new,” said bill sponsor Senator Rob Bradley.
Medical marijuana activist Louis Rotundo says citrus growers aren’t necessarily the most qualified to grow the plant.
“Those people don’t end to have much of a background in indoor growing, which is where this law requires you to be,” said Rotundo.
Bill sponsor Representative Ray Rodrigues disagrees.
“Some would argue it is easier to grow marijuana than any other plant. It’s not called weed without there being a valid reason to that,” said Rodrigues.
The bill still doesn’t allow for smokable marijuana.
“Breathing in soot, breathing in ash, carries a definite detriment, which we didn’t want to extend to medical marijuana,” said Representative Carey Pigman,
Democrats offered a smoking amendment.
It failed.
Representative Evan Jenne says without smoking,  lawsuits are guaranteed.
“There will be folks that get and earful that they did not support smokable marijuana,” said Jenne.
The text of the amendment only mentions smoking once.
It bans smoking in public.
Jenne says the language implies smoking is allowed in other contexts.
John Morgan, one of the main backers of amendment 2, has sworn to sue the state if smoking isn’t in the final version of the bill.

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Budget Special Session Still in Limbo

June 8th, 2017 by Mike Vasilinda

Florida Schools are one step closer to seeing a hundred dollars more per student next year. As Mike Vasilinda tells us, movement came after the state senate dropped a controversial plan to rely on  increased property values to fund local school contributions.

Lawmakers moved quickly to give schools 215 million more next year.

Senate Budget Chair Jack Latvala handled the bill in his committee.

“That’s a hundred dollars more per student for every district in the state” says Latvala.

The 100 dollar per student increase is exactly what the governor asked for when he ordered lawmakers back.

“149 million is non-recurring general revenue” Latvala told the Senate Appropriations Committee.

A Dispute over how to pay for the increase evaporated when the Senate dropped a plan to use increased property taxes to fund a locally required effort.

“We decided that we would just do what we did during the regular session and put it in with general revenue” said Latvala after the meeting.

Lawmakers are also poised to give the Governor everything he asked for for Visit and Enterprise Florida. During the regular session, the House fought the funding because the system allowed corporations to get big checks. Now there will be limitations on how the money can be used.

House Speaker Richard Corcoran says it’s a new way of doing business

“What we are doing now is giving a fund for the Governor to go out there and do across the board, infrastructure and education, that benefits the entire state” says Corcoran.

The extra school spending comes as an addition to the original appropriation which the governor vetoed. The Senate wants the House to now override that veto.

Despite the Senate’s approach, the House says its not going to override the Governor’s veto. it’s going to start the busters process from scratch.

“We’re talking about school children and jobs, so I think we’ll….Again, it’s not over until the fat lady sings” Corcoran told reporters after Thursdays floor session.

The odds of everything getting done Friday? Just slightly better than 50/50

By starting the budget process from scratch, lawmakers could face a constitutional requirement to wait three days before voting on the budget. Each extra day costs taxpayers 70 thousand dollars.

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Senate Overrides 19 Budget Vetoes

June 8th, 2017 by Mike Vasilinda

The Florida Senate has voted to override the Governor’s veto of 19 higher education projects totaling just over 75 million. House Speaker Richard Corcoran reiterated today that the House will not consider the overrides.

“It’s allegiance to a principle. Do we believe in less government, less spending? Yes. If you believe in less government, less spending, then you don’t override more spending and more pork” Corcoran told reporters.

No GOP governor in Florida has had a budget veto over-ridden by a Republican led legislature.

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