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Tallahassee City Commission to “Demand” End to Pre-emption

April 11th, 2018 by Mike Vasilinda

 

Another local government body in the State Capitol, the Tallahassee City Commission, is slated to vote Wednesday on a resolution demanding the legislature repeal a law that prohibits local governments from enacting stronger gun regulations than the state. We asked City Commissioner Gil Ziffer about the use of the word demand.

“Using terms like we’d like it to happen, or it might happen. We really want to demand that it happens. Preemptions are something that we are very much opposed to and the preemption that the legislature imposed back in 2011 restricting us from anyway regulating guns is wrong, and we want to try and fix that” says Ziffer, who is retiring after his term ends in 2018.

Under the law commissioners want repealed, elected officials who vote for stronger gun laws face fines, removal from officer and having to pay their own legal fees.

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Old Capitol Glowing Purple Ahead of CRC Vote on Marsy’s Law

April 10th, 2018 by Jake Stofan
The Old Capitol is illuminated purple, honoring Crime Victims Rights week.
It comes as a proposed constitutional amendment known as Marsy’s law faces one last vote in the state’s Constitution Revision Commission. It would expand victims rights in the state constitution.
“To provide victims with an opportunity to be heard during the criminal justice process, to be notified of key events like sentencing, parole, bail hearings. Things of that nature,” said amendment sponsor Commissioner Tim Cerio.
Many of the protections are already outlined in the state constitution and detailed in statute, but Pat Tuthill, who’s daughter, Payton, was murdered in 1999 says enforcement is lacking.
“In some cases they’re informed they have rights, but they don’t receive the proper notification and they don’t understand those rights or they have little say in a courtroom,” said Tuthill.
Defense Attorneys worry Marsy’s law would put more pressure on the court system than it’s able to handle.”
“People will have to make a decision whether they want all of this detail when there already is a very strong law in place,” said Nancy Daniels with the Florida Public Defenders Association.
But Tuthill says including those details in the constitution would guarantee the rights of victims and enhance enforcement.
“To know that we can be ensured that they’re not going to be violated and if they are violated that there is some recourse,” said Tuthill.
If approved for the ballot it would need 60% of voter approval in November to become part of the constitution.
If approved, Florida would become the 7th state to adopt Marsy’s Law. A recent poll shows 79% of Florida voters support the measure.

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Scott’s Job Promise

April 9th, 2018 by Mike Vasilinda

Governor Rick Scott continued to promote the state’s job creation as he announced his candidacy for the U-S Senate today. But as Mike Vasilinda tells us, early in his Gubernatorial career he dampened the prospects of living up to a campaign process to create 7 hundred thousand new jobs.

This was Rick Scott, at a debate, running for Governor in 2010.

“So our plan is seven steps to seven hundred thousand jobs and that plan is on top of what normal growth would be.”

The important phrase here…

“and that plan is on top of what normal growth would be.”

 

But 10 months into Scotts first term, Florida’s economy was still struggling. Unemployment was higher than the national average. Scott was asked if he could still create the jobs promised.

“The initial promise was to create 700,000 on top of…”

“No. Lets remember the facts. We have 900,000 people out of work, so I can’t do a lot more than that 700,000.” 

Democrats call it the ultimate flip flop.

 

Ion Sancho was one a several Democrats who spoke immediately after Scott announced his run for the US Senate.

“He promised seven hundred thousand new jobs on top of the existing jobs. That quite frankly, it never happened” says Sancho.

 

 

But fast forward seven years, and Scott seems to have met his initial goal. His official web site shows nearly a million and a half jobs created since Scott taking office.  Brian Burgess was Scott’s Communications director in 2011.

“He said he was gonna do it and then backed away from it.?”

“No, I don’t think he backed away from it. I reject the idea that he backed away from anything. He promised seven hundred thousand jobs. His plan was seven, seven, seven. It wasn’t seven, seven, and an asterisk” Burgess told us.

Ironically, the economy has boomed. Scott has lived up to his promise, and it may have been the only time since taking office he second guessed himself.

Original expectations were that Florida’s economy would have created as many a million jobs without the Jobs growth plan promoted by the Governor, so he is slightly behind the one point seven million jobs, but he has until December to finish the job.

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Democrats Blast Governor Scott on Blind Trust

April 9th, 2018 by Jake Stofan

Governor Rick Scott is the wealthiest Florida Governor in modern history.

With Scott confirming a run for US Senate, Democrats are claiming Scott has hidden much of his wealth in a blind trust under his wife’s name.

Democrats wasted little time attacking Governor Rick Scott, releasing a website titled, “Self Serving Scott” along a wave of political ads ahead of his Monday morning announcement for U.S. Senate.

The ads call into question Scott’s net worth, which according to his latest financial disclosure put him at just shy of $150 million.

Scott is currently in the midst of a legal dispute, which seeks to see how much money is in his wife’s blind trust.

The suit was filed by Attorney Don Hinkle in November.

 

“The Governor admits that he controls and is the beneficial owner of assets that he’s not disclosing,” said Hinkle.

John Tupps with the Governor’s Communication’s office released this statement in response to the suit,

“This is nothing more than a publicity stunt. An identical complaint has already been rejected by a court of law, and the Florida Ethics Commission has also repeatedly rejected Mr. Hinkle’s arguments. He should quit wasting everyone’s time.”

Democrats have raised questions regarding whether Scott has used the blind trusts to hide potential profits earned since taking office.

 

“This blind trust is nothing but a sham so he could personally profit while he was in public office,” said Former Leon County Supervisor of Elections Ion Sancho.

Under Florida law Governor Scott wasn’t required to release the information while  Governor, but candidates for Federal office are required to disclose their spouse’s finances.

Now that Scott has announced he’s running for Senate, he has 30 days to disclose his wife’s finances, but he could ask for an extension of up to 90-days.

“He does not want to make these disclosures or he wants to delay them as long as possible into the election process,” said Hinkle.

Florida Democrats have posted a timer on their website, keeping track of how long it takes Governor Scott to disclose his assets since announcing his bid for U.S. Senate.

Scott will also have to make changes to his personal blind trust if he takes Federal office.

It’s currently managed by former business partners, but would have to be handed over to the care of someone not known to him personally in the event he wins.

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Governor Vetos ‘Toilet to Tap’ Bill

April 6th, 2018 by Jake Stofan

Governor Rick Scott has vetoed the controversial bill known as toilet to tap. As Jake Stofan tells us the decision comes after environmental groups and thousands of Floridians expressed concerns over potential health and environmental impacts.

Governor Rick Scott has been sparring with his veto pen this year, but after a wave of calls against the toilet to tap legislation, the Governor struck the legislation down. It comes as Scott is expected to enter into the race for U.S. Senate Monday.

Everything the governor does now is going to be viewed through a political looking glass.

Aliki Moncrief with the Florida Conservation voters says when it comes to the environment Scott’s record is far from clean.

“The Governor is really trying to green his record and if we were to peel back and look over the entirety of his term he does not have a strong environmental record,” said Moncrief.

In his last year in office Scott has touted $4 billion in the 2018 budget for environmental spending. $50 million for springs restoration alone.

Environmentalists say the legislation would have allowed treated waste water to be pumped into the aquifer. Their fear: polluting 90% of Floridians drinking water and Florida’s more than 700 springs.

 

“If that ever gets into the aquifer it’s going to be virtually impossible to clean the aquifer,” said Dr. Ronald Saff with Physicians for Social Responsibility.

Brian Lee is with Citizens Against Contaminated Aquifer Water. He says The veto only stands to help Scott’s political ambitions.

 

“I am certain he does not want to be known as, ‘The Poopy Water Governor’,” said Lee.

More than 3,000 signed petitions opposing the bill were received by the Governor’s Office.

The Governor cited concerns over protecting the aquifer’s water quality in his veto letter. and asked the Department of Environmental Protection to work with lawmakers going forward to improve any future attempts at passing the legislation.

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Kids Count Florida Survey Results Mixed

April 5th, 2018 by Mike Vasilinda

Child welfare is a mixed bag for Florida’s Children. The new Kids Count survey, which measures 16 data points, shows Florida improving in some measures and declining in others. As Mike Vasilinda tells us, poverty and drugs are two reasons for the stagnation.

Nearly one in four children in Florida live in poverty. The ranking hasn’t changed since 2010. USF Researcher Noreen Dollard says the lack of resources leads to other troubles.

 

“You know, kids don’t develop cognitively as quickly. It has implications related to domestic violence” says Dollard.

The Kids Count study also found that three out of five fourth graders cant read well, and that three out of four eight graders are not proficient in math. Children’s Campaign founder and CEO Roy Miller says the focus on kids has to go beyond just school safety.

 

“We can’t allow the conversation about children to be only about one issue: what’s going on in our schools” says Miller

The well being of children has improved five notches over the last 25 years, but thirty-nine states are still doing a better job than Florida.

Alisa LaPorte, speaking for The National Alliance for Mental Health (NAMI Florida) says a boost in funding for school based mental health programs following the shooting in Parkland is a step in the right direction.

 

“But it took a tragedy to make it happen. It shouldn’t have to be like this. Mental health is so intertwined with so many areas of our budget: juvenile justice” says the Executive Director.

And the increasing number of parents dying from opioids is a major reason more young women are ending up in detention says Delores Barr Weaver Policy Center CEO Lawanda Ravoira.
“They don’t know how to express that grief. So they begin to act out. They lash out” she says.

Despite all the bad news, advocates say the fact the state moved up five notches is proof it can do better.

Two bright spots in the report: The number of kids involved with the Juvenile Justice system has decline dramatically due to civil citations, and Flordia ranked  8th in the nation in the number of three and four year olds in Pre-K.” 

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Meeting Between Facebook and Florida Attorney General Expected in the Coming Weeks

April 5th, 2018 by Jake Stofan
In the wake of the Cambridge Analyitica scandal where millions of Facebook users had their private information shared with third-party companies without their knowledge Florida Attorney General Pam Bondi wants to make sure Floridian’s privacy is intact. 
Anyone using Facebook knows it targets users with advertisements based on their online activity.
It’s a process that helps PR and marketing firms like Sachs Media Group in the State Capitol reach their target audiences.
“We have smart people who know how to use these tools properly and dial up the technology in the right way. It’s ethical and it’s legal when it’s done that way,” said Ron Sachs.
After an estimated 87 million users had private information like their political affiliation and religion shared with third parties without their knowledge or consent, Florida Attorney General Pam Bondi wants to make sure Floridian’s data isn’t compromised going forward.
“We want to know why this happened and of course we want to prevent it from happening again,” said Bondi.
Bondi is in the process of setting up a meeting with Facebook Executives to address some of the privacy concerns.
“Our privacy in the country and especially in the state of Florida with all the Facebook users is very important and we are going to follow up on that,” said Bondi.
While Facebook shares much of users’ data by default you do have the ability to manage what’s shared.
By going to your information in ads settings you can see your ad data and remove categories you don’t want advertisers to see.
Facebook CEO Mark Zuckerberg is scheduled to testify before two Congressional Panels on April 11th.
Bondi hopes more will come to light about how Facebook handles users’ information between her conversations and Zuckerberg’s testimony.
The Attorney General’s communications team says the details of the meeting are still being worked out, but they hope to schedule it within the coming weeks.

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Federal Court Rejects Governor’s Request for a Stay on Clemency Ruling

April 5th, 2018 by Jake Stofan
A federal court has rejected the state’s request for a stay on a ruling that halted the state’s clemency process.
The process was halted after a Federal Judge ruled it unconstitutional because too much room for emotion was involved in the decision to restore felons civil rights.
Attorney General Pam Bondi says she stands by the state’s process and intends to appeal the ruling to the highest level.
“When I put my hand on a bible I swore to protect the constitution of the state of Florida and our laws and that’s what I’m doing. I’m the legal council so I’m not going to comment on this any further, but we will be appealing,” said Bondi.
The state has until April 26th to come up with a new clemency process.

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Florida Special Olympics Gets $4Million Donation at Annual Torch Run

April 5th, 2018 by Jake Stofan
While the Special Olympics is celebrating its 50th anniversary, law enforcement gathered at the state’s Capitol to celebrate the game’s 35th year in Florida with the annual Torch Run.
Law enforcement from around the state carried the Flome of Hope onto the Capitol Grounds for the annual ceremony. A check for more than $4 million was presented to Special Olympics Florida. The money was the result of donations from an estimated 2 million Publix customers.
This year, 46,000 Florida athletes will compete in this year’s games, up from 38,000 last year. 
“For many of these athletes this special olympics is actually what they would call their family. So this is where they not only get physical exercise and interaction, they have great social skills that they’re building because of their friends that are in this,” said Special Olympics Florida President Sherry Wheelock.
The games will be held in May at the ESPN Wide World of Sports in Orlando.

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State Appeals Clemency Ruling

April 4th, 2018 by Mike Vasilinda

Governor Rick Scott and the state’s three Cabinet members are asking a federal appellate court to stay a ruling that Florida’s Clemency process is unconstitutional. As Mike Vasilinda tells us, in 2005, the same court where the appeal was filed ruled the state process was legal.

In his ruling declaring the clemency process unconstitutional, Federal Judge Mark Walker cited the case of Steven Warner.

“And why did you vote illegally?” Asked Governor Rick Scott.

It was his response that got the judges attention.

 

“Ah, I applied for voting rights and actually voted for you” Warner shot back.

In it’s appeal, the state says there was no favoritism even if Warner did get his rights back after saying he voted for the Governor because two other board members had to go along.

“I move to grant restoration of civil rights” motioned Scott.

“Agreed” 

“Agreed” said two of the three members.

In its filing, the state says far fewer people who are given their rights back go back to prison, because they are making better decisions.

 

It cites statistics showing out of the 36 thousand who got their rights back prior to the new system, 11 percent ended up going back to prison. But since 2011, 43 hundred got their rights restored. Just 10 went back to jail.

Human Rights Attorney Mark Schlakman: “The disparities are off of the charts.”

 

Mark Schlackman says those numbers may not work in the state’s favor, even though the appeal was filed with the 11th Circuit in Atlanta. That’s the same court that upheld Florida’s system in 2005. 

“And the numbers are so strikingly low, it’s entirely possible the court may depart from it’s precedent” says the human rights expert.

The appeal isn’t likely to be settled before voters decide the fate of the Clemency process in November.

In filing the appeal, the state is also delaying a potential flood of new voters who would have had their rights returned under the court order.

Amendment four collected more than 840 thousand signatures to get on the November ballot. A February poll shows the Voter Restoration Amendment with 71 percent approval, with only 22 percent opposed.

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Florida Behavioral Health Agencies Suing Big Pharma

April 4th, 2018 by Jake Stofan

Five of Florida’s seven behavioral health managing agencies are joining the wave of lawsuits against Big Pharma for its part in the opioid crisis.

The lawsuit blames the industry for misleading marketing practices, which contributed to the over prescribing of painkillers.

 

The Apalachee Center in the State’s Capitol is on the frontline of the opioid crisis.

Dr. Jay Reeve runs the center. He’s says over the past 5 years, opioid addicted patients have gradually become a bigger part of the center’s overall costs.

 

“Between 15 and 18% of all the folks that come into our detox unit are coming because of opioid related issues,” said Dr. Reeve.

The funding for the center is distributed by Big Bend Community Based Care led by Mike Watkins.

He says state and federal funding hasn’t kept up with the growing cost of the crisis.

 

“We have about 15 people a day dying in the State of Florida for opioid abuse and those monies aren’t coming even close to the expenses that we’re barring,” said Watkins.

Big Bend is one of five managing agencies in the state have filed suit against Big Pharma. They want to collect the cost of treating addicts. The suit blames drug makers marketing practices for the rampant overprescribing of opioids.

 

“The manufacturers and the distributors worked very specifically to market a product that was unsafe,” said Watkins.

The result? More addicts. Which means more people are in need of services and tax payers are on the hook for the costs.

The exact cost to tax payers hasn’t been calculated yet, but nationwide the crisis is believed to cost more than $100 billion a year.

All but two of the managing agencies in the state have signed on to the suit.

The last two, Miami and Broward are expected to join in the near future.

More than 200 cities and counties across the country have also filed lawsuits blaming Big Pharma for costs associated with the opioid crisis. Attorney General Pam Bondi is also investigating the companies, which could result in a suit on behalf of the state.

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Prison Visitation Rule Draws Protest

April 3rd, 2018 by Mike Vasilinda

For three hours this morning, state officials listened to angry family members upset over proposed changes that would make Florida the most restrictive state in the country to visit a prison inmate. As Mike Vasilinda tells us, family visits could be cut from as much as 12 hours a weekend to as little as four hours a month.

“Visitation, when do we want it, every damn day” chanted protestors.

As many as two hundred people, mostly wives, girlfriends and children, showed up to express their anger over a proposed new rule that would restrict prison visitation.

“Florida is about to lead the way to be worst and least accessible visitation in any state prison system” they were told by organizers.

Currently, families can visit as long as six hours a day on weekends and holidays. The D-O-C says short staffing and an increase in contraband are forcing the change, which  would limit visitation to as little as two hours, twice a month.

 

Krystal Lago of Spring Hill nearly broke down.

“My kids look forward to spending time with their father… excuse me” she said as she wiped her face. Others nodded in agreement.

 

Sarah Chancery made the trip from Plant City.

“I think it will increase violence. I think it will not affect the proposed issues at all” says Chancery, who had a young daughter in tow.

And a plan by the department to create video chats is raising big concerns.

Many fear the video chats are the beginning of the end of in person visits.

 

Shirley Reed came from Jacksonville. Her grandson is in prison and she visits regularly.

“We need that hug. We need that kiss. We need for our family members that’s locked up to see us, hold on to us, kiss us” says Reed.

The prisoners families are expected to challenge the change if and when it is implemented.

“Visitation! When do we want it? Every weekend!” Chanted those who waited for buses home.

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Ann Scott Leads Ceremony for Child Abuse Awareness Month

April 3rd, 2018 by Jake Stofan

April is Child Abuse Awareness Month and to spread awareness for the cause First Lady Ann Scott led this year’s Pinwheels for Prevention event with a group of students.

A pinwheel garden was planted in the Governor’s Mansion lawn in support of the annual awareness campaign.

The blue and silver pinwheels are meant to represent safe, happy and healthy childhoods. Chris Lolley is the director of prevention services at Prevent Childhood Abuse Florida. He says during the month of awareness, Floridian’s are urged to pay attention and take action to prevent child abuse.

 

“There are lots of different ways to volunteer, mentor children, mentor families. People donate goods and services all the time, food, clothing. Help people when they need it,” said Lolley.

In 2010 an estimated 51,920 children were victims of neglect or abuse in Florida.

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NRA Calls Lawsuit By Local Governments Against Preemption of Gun Control, “Childish”

April 3rd, 2018 by Jake Stofan

After Parkland, some Florida cities and counties have moved to tighten local gun laws, but state law prevents them from making the change. Now, nearly a dozen Florida cities are seeking to have the ban on local preemption declared unconstitutional.

The preemption by the state for enacting tighter gun control measures dates back to 1987.

Many municipalities ignored it, until 2011, when lawmakers placed tough penalties for local officials who passed stiffer gun restrictions, despite the law.

Local officials can be fined $5,000, be held personally responsible for any lawsuits and face removal from office.

Those penalties were supported by the NRA.

 

“Uniformity is important because we are a mobile society,” said Marion Hammer with the NRA.

In the wake of Parkland there has been a growing number of local governments seeking  to enact bans on high capacity magazines and assault rifles.

Now, 10 jurisdictions are suing the state, arguing the 2011 penalties are unconstitutional.

It’s an argument supported by Gubernatorial Candidate Philip Levine.

He fought the state after passing a local assault weapon ban as mayor of Miami Beach.

 

“Those mayors are fantastic, they’re brave, they’re doing the right thing,” said Levine.

The Governor’s Office says it’s reviewing the lawsuit.

It’s unclear what, if any retaliation the cities listed in the suit might face.

The NRA calls the lawsuit childish. It’s also calling on the Governor and Legislature to continue holding local government officials accountable.

“That’s like children saying I know I did something I wasn’t supposed to do, but you shouldn’t punish me,” said Hammer.

Other cities and counties are expected to join the lawsuit going forward.

If the lawsuit doesn’t side in the local governments’ favor, a ballot initiative is being spearheaded for the 2020 ballot that could put the question of assault weapons and high capacity magazines in front of voters.

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Governor Has Less than a Week to Decide on, “Toilet to Tap” Bill

April 2nd, 2018 by Jake Stofan

 

Imagine water from your toilet, ending up in the sink you drink out of.

 

Legislation dubbed by environmentalists, “Toilet to Tap” and approved by lawmakers would set standards for reclaiming waste water and pumping it back into the ground.

An ever-growing demand for water has put a heavy strain on the state’s aquifers.

Sponsors say pumping reclaimed water back into the ground could help future supply issues.

The problem according to environmentalists and health experts… the reclaimed water is treated human waste water.

While the water is treated and cleaned, opponents say certain contaminants like medications and nutrients still end up in the final product.

Aliki Moncrief, Executive Director of the Florida Conservation Voters says the nutrients threaten the health of Florida’s 700 springs which are fed by the aquifers.

 

“We’re talking about putting water down there that has higher nutrients than our springs can allow. We should think twice about that,” said Moncrief.

Dr. Ronald Saff with Physicians for Social Responsibility says trace amounts of medications left in the water could have negative health effects for the 90% of Florida residents who rely on the aquifers for drinking water.

 

“There have not been filters that have been invented that have been shown to be effective. I think nobody wants to drink filtered poopy water,” said Saff.

The Governor has received more than 3,000 signed petitions asking him to veto the toilet to tap bill.

He has has until April 10th to make a decision.

As part of the 2018 Budget Governor Rick Scott asked for and got $50 million for springs restoration.

The Governor’s office says Scott is reviewing the legislation and is “focused on protecting Florida’s environment.”

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