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Paternity Problem: Three Parents?

May 8th, 2018 by Mike Vasilinda
A five year old Florida girl is in the middle of a legal battle between her biological father and the man married to her mother at the time of her birth. 
The girl’s parents remain legally married and no divorce petition has been filed. 
 
Yet, no one disputes that the biological father is not the mother’s husband, but under Florida law, the husband of a child born into a marriage is the legal father.
Now, The Florida Supreme Court must sort it out.
“You can have two legal moms, you can have two legal dads,” said the legal father’s attorney, Victor Waite. “You can have a mom and a dad. What you can’t do is have three parents. You’re only allowed to have two parents.”
The biological father’s attorney, Nancy Hass, is asking the court to give him shared custody and parenting rights.
“We do that all the time in custody cases. We do it in dissolution of marriage cases,” said Hass.
“Maybe that has to be… Maybe that’s for another day, not this court,” said Justice Barbara Pariente.
 
Ultimately the lawyers, and at least one judge say its going to be up to the Legislature to modernize Florida’s law.
The legal father’s attorney says even if he were to divorce, he wants to be a part of the child’s life.
“I don’t believe any state has allowed for three parents yet,” said Waite. “It’s the difference between having a legal parent and a step parent. Step parents don’t have the right to make legal decisions for the child. A legal parent does.”
The biological father’s attorney told us it’s absurd to think there can’t be three legal parents.
“We have fifty percent of children, I believe, under the age of thirteen who are living in blended families in the state of Florida. So, this is a very relevant issue,” said Hass.
Hass says if the ruling goes against her client, an appeal to the U.S. Supreme Court is likely.
 
Two lower courts have issued different rulings in the case. 
 
One giving the biological father some rights and a second court upholding the legal father’s rights.

Posted in State News | No Comments »

Battle Underway Over Police Radio Contract

May 8th, 2018 by Jake Stofan
The state wants to make sure first responders can talk to each other during an emergency, even if they’re from different agencies, but selecting a vendor is proving to be a daunting task.
“You know a law enforcement officer from one county not being able to speak to another county when they’re rushing to a disaster,” said Joseph Goldstein, an Attorney representing the Division of Management Services.
The state selected Motorola for the contract to create an improved system.
It would cover 95% of the state and make it easier for law enforcement to communicate across agency.
But the previous vendor, Harris Corporation, is arguing the Division of Management Services improperly awarded the contract to Motorola.
It also alleges Motorola’s proposed design has flaws that could make the public less safe.
“The design proposed by Motorola is unreliable, because it uses certain microwave lengths that are subject to rain fade or rain attenuation,” said Karen Walker, an Attorney representing Harris Corp.
Motorola says Harris Corporation is dragging out the process, out of spite.
“The treatment for the movie would be: incumbent vendor loses huge long term contract, here up to 25 years, to its major business competitor,” said Robert Vezina, an attorney representing Motorola.
Harris held the state contract since 2000.
The deal cost the state $18 million a year.
No matter who ends up with the contract the annual price tag will millions of dollars higher than before, but Motorola’s deal would cost the state $300 million less than Harris’ over time.
Arguments will be made throughout the week. The administrative judge will then have the final say on whether Motorola keeps the contract.

Posted in State News | No Comments »

Name Changes Could Be Coming to FSU Campus

May 7th, 2018 by Mike Vasilinda

A panel of 15 FSU faculty, staff, students and alumni has voted to relocate a statute of a former slave owner who played a a role in providing the land for the University.  As Mike Vasilinda tells us, the panel is also recommending renaming two buildings.

The statue of Frances Epps, A grandson of Thomas Jefferson,  sits prominently to the right of Wescott Hall…the main administration building for Florida State.  Jefferson’s grandson helped gain the land the school sits on. A plaque inaccurately calls him the founder of the University.

 

“There is no one founder for Florida State University. He was on a couple of committee’s” says Students for a Democratic Society spokesman Maddie Hendrick. 

Now, a 15 member panel is recommending the Epps statue be moved , and the building behind the statue named for Epps be renamed.  The Students for a Democratic Society pushed for the change.

 

“He was particularly especially brutal, especially racist, especially pro slavery” says Hendrick.

In October 2016 a vote to get rid of Frances’s Epps statue failed. Miserably. Seventy-thirty.”

The panel is also recommending the FSU law school, named for former Florida Chief Justice BK Roberts, also be renamed. Roberts was instrumental in keeping Virgil Hawkins,  a black man from attending the law school at the University of Florida.   

FSU Alum Andre Gordon see’s both sides.

 

“A lot of the land here, was probably…probably had slaves on it. So I don’t know, are we going to remove everything” Asks Gordon.

Renaming the law school would require a vote of the legislature. The fate of the statute and Epps Hall are now in the hands of FSU President John Thrasher. He’s promised a decision sometime this summer.

Nearly 63 Hundred FSU students, about 11 percent of the student body, voted to keep the statue during the October 2016 referendum. New information on the lack of Epps role in founding the University has recently come to light.

Posted in State News | No Comments »

NRA Calls Pam Bondi a “Bully”

May 7th, 2018 by Jake Stofan
The NRA filed a response today after Florida Attorney General Pam Bondi asked a  Federal court to deny a 19-year-old woman’s request to remain anonymous in the suit against the state’s new age restrictions on gun purchases.
The NRA requested the teen be allowed to proceed as Jane Doe in order to protect her from potential bullying, harassment and threats.
Florida Attorney General Pam Bondi is asking the federal court to deny the request, angering former NRA President Marion Hammer, who has personally received numerous threats in the wake of the Parkland shooting.
“The refusal to help protect this young woman is an act of bullying itself,” said Hammer.
Bondi argues the vast public interest of the case outweighs concerns over any potential harassment Jane Doe may face from publicly signing on to the suit.
But Hammer says courts have allowed anonymity in other cases.
“She apparently has forgotten Roe V. Wade and many other lawsuits in which courts decided to protect the identity of people involved who were vulnerable,” said Hammer.
Bondi argues the proper way to deal with any potential harassment would be to rigorously enforce existing laws.
Hammer says if Jane Doe isn’t granted anonymity, she may not sign on to the case.
“If it were my daughter I would not subject her to that,” said Hammer.
The NRA has also requested anonymity for a John Doe, who wouldn’t sign on as a plaintiff, but who’s story would be referenced in the case.
The judge will have the final say on whether or not to grant anonymity. It’s not known when that decision is expected.

Posted in State News | No Comments »

Bi-Partisan Ticket Could Shake Up Democratic Race

May 4th, 2018 by Mike Vasilinda

 

A new poll of Democratic primary voters suggests two former congressmen, one a  Democrat, the other a Republican running on the same ticket would immediately become front runners in what has so far been a lackluster Democratic primary for Governor. But as Mike Vasilinda tells us, there could be legal problems.

A poll of 750 likely Democratic voters is embracing a potential bi partisan ticket headed by former Democratic Congressman Patrick Murphy with former Republican Congressman David Jolly as his running mate. Pollster Keith Frederick says the results make it clear voters are angry with the current system.

“Voters in America today are quite fed up with the political system, and this is another manifestation of that” says Frederick.

 

Front runner Phil Levin dropped from 20 to 17 percent in the poll. That’s after spending 8 million on TV.

“It means he has rented his lead. He hasn’t solidified it” Frederick told us.

 

Democrats Gwen Graham, Andrew Gillum, and Chris King all fell further behind in the race.

“Under State law, candidates sign an oath they’ve been a member of the same party for the last year. Now, some are suggesting that would make illegal for a Democrat and a Republican to run together under one party’s flag ship. And Mark Herron, one of the state’s best election law lawyers says he doesn’t know the answer to that.”

Q:”This has never been done before?”

“Not to my knowledge in the state of Florida” Herron told us.

Q:”and, is it legal?”

“Well, the question is I do not know the answer to that question.”

Q”Sounds like it’s ripe for a challenge if it happens?”

“It’s gonna be an adventure if it happens, yes.”

Murphy and Jolly have until June 22 to qualify for the race. If they do, Florida politics will be entering uncharted waters.

Even with Murphy and Jolly in the race, 41 percent of likely Democratic voters are undecided, leaving room for almost any of the candidates to win.

Posted in State News | No Comments »

Medical Marijuana Advocates Say Patient Access Problems Could Have Been Avoided

May 4th, 2018 by Jake Stofan
The State Department of Health still hasn’t issued 4 new grow licenses state law says should have been approved in October.
Advocates say it’s hurt the availability of medical marijuana.
“The State of Florida needs to immediately open the licensure program to as many people as can compete in the market as possible,” said Jodi James with the Florida Cannabis Action Network.
Joshua Lavy suffers from cerebral palsy. He had to stop using medical marijuana entirely, because he couldn’t be sure he’d get a consistent product.
“I can’t take one medicine one week and then something different the next. It’ll affect me in school it’ll affect me at work,” said Lavy.
Lavy also says long wait times for card approvals and renewals deterred him from continuing to use cannabis as a treatment.
The DOH has blamed pending lawsuits on its inability to issue new licenses.
Two lawsuits on the departments lap include John Morgan’s No Smoke is a Joke suit and Tampa Night Club owner Joseph Redner’s suit to allow him to grow and juice his own plants.
Advocates say if patients had been allowed to grow and smoke their own medicine in the first place, patient access wouldn’t have ever been an issue.
“Tens of thousands of patients would have brought in harvests for themselves while we waited on the Legislature, while we waited on the department of health,” said James.
Advocates hope while the lawsuits make their way through the courts the Department of Health speeds up its approval process for growers.
The number of card holding patients as of this afternoon is just shy of 81,000. When the registry reaches the 100,000 mark, it will require an additional four grower licenses be granted.

Posted in State News | No Comments »

Marijuana Edibles to Be Held to Similar Production Standards as Other Foods

May 4th, 2018 by Jake Stofan
The State Department of Agriculture and Consumer Services laid out its plans for regulating the production of medical marijuana edibles this morning.
The department says it intends to regulate edible production much in the same way it deals with other food products.
Producers will be subject to random inspections to ensure the products are made in sanitary conditions as mandated by federal standards.
“These are medical foods that are going to patients that may potentially have a compromised immune system, so we’re definitely taking that into account when we’re looking at the food safety systems,” said Chief of Food Inspection at the Department, Matt Colson.
The Department of Health is in charge of determining what forms edibles can take and how much THC can be in each product.
Those determinations have not been released yet.

Posted in State News | No Comments »

Electric Utilities face Hurricane Readiness Questions

May 3rd, 2018 by Mike Vasilinda

Florida’s utility regulators have been grilling the states electric utilities and their biggest users over hurricane readiness for the last two days. The debate today, as Mike Vasilinda tells us, was over whether it was more cost effective to do a better job of trimming trees or bury lines underground to prevent outages.

Millions lost power when Hurricane Irma blanketed the entire state last fall. Now, both Duke Energy and FPL say they learned lessons from the storm.

Valerie Petterson is a Duke Energy Spokesperson.

“We’ve made some changes and upgrades and enhancements to our technology. We’re adding more people to respond to customers” Patterson told us during a break at the Public Service Commission. 

(We)“Modified our website. Improved it. rebuilt..reconfigured it in a way that’s going to be able to handle the traffic” said FPL’s Mark Bubriski.

The states major power users are asking regulators to make the utilities do more.

One of the questions raised at the commission, Are the utilities moving fast enough to replace old wooden poles with strong concrete structures?

Jon Moyle represents the Florida Industrial Power Users Group.

 

“Even though the wood is only twenty percent of the system, TECO, if I’m reading this correctly, had all the problems on the wooden transmission poles” Moyle told commissioners.

The Industrial users also want the companies to spend more trimming trees. But Duke Energy says tree trimming wasn’t the issue during Irma.

“A lot of the damage we saw from trees were from trees outside the rights of way” Duke’s Patterson told us.

 

Instead of trimming trees, Florida Retail Federation attorney Schef Wright says customers would be better off if power lines were underground.

“If we get a direct hit, they will more than pay for everything in one storm. And if you get two, you’ve rally saved a lot of money” says Wright.

Staff Recommendations to regulators are due by June 19th, nearly three weeks after hurricane season starts.

Because recommendations won’t be voted on until after Hurricane season starts, and big changes won’t be in place until sometime next year.

Posted in Economy, Energy, Hurricane Season, State News | No Comments »

DOC Budget Shortfalls Leads to Major Cuts for Addiction Treatment

May 3rd, 2018 by Jake Stofan
The Florida Department of Corrections is making drastic cuts to substance abuse treatment options.
The department is slashing its contracts with 33 substance abuse treatment providers by 40%, some face cuts as high as 90%.
The Legislature allocated $19.2 million for the programs, which benefit more than 50,000 inmates and parolees.
“70% of the people that come to prison have a substance abuse problem. It means 70% less will get treatment,” said Mark Fontaine, Executive Director of the Florida Drug and Alcohol Abuse Association.
The department announced the cuts Tuesday and gave providers an ultimatum: Accept the cuts or lose their contracts entirely.
Shelia Randolph is the CEO of The Unlimited Path of Central Florida, which is facing the most drastic cuts.
“The whole system is devoid of any type of treatment with these cuts,” said Randolph.
Less access to treatment means inmates are more likely to fall victim to the opioid crisis when they get out.
Opioids kill 16 Floridians each day.
“This is an emergency and we need the Governor and the Legislature to recognize the problem,” said Randolph.
The department says it has to make the cuts to make up for other healthcare costs, which it’s constitutionally obligated to provide to inmates.
Providers say cutting the programs only stands to cost the department more in the long run.
“Since we started these programs the number of inmates have come down every year,” said Fontaine.
The DOC says the decision to reduce the contracts wasn’t easy and hopes the cuts will only be temporary.
Providers are calling on lawmakers to step in and encourage the DOC to reconsider the cuts or fix the DOC’s budget deficit.

Posted in State News | No Comments »

2nd Amendment Walk Out Correction

May 3rd, 2018 by Jake Stofan

Wednesday we reported that no students at Montford Middle School participated in the scheduled walkout in support of the 2nd amendment.

The information we had been given by the Leon County School system was incorrect.
Chris Petley, Spokesperson for the Superintendent cleared the air Thursday issuing this statement…

Yesterday, a handful of students at Montford Middle School participated in the Stand up for the Second walk out. Unfortunately, media present to cover the activity where asked to stand in a spot away from the event. Leon County Schools apologizes for the misunderstanding. As this event was spontaneous we anticipated students would walk out to the flag pole in front of the school where the media was stationed. However, students walked out to the back side of the school on the football field. Students were present from 10:00am to 10:16am then quietly and calmly walked back to their classrooms. School operated as any other day.”

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Candidates Spending Big and Early

May 2nd, 2018 by Mike Vasilinda

Spending for political ads in Flordia has already topped thirteen million ($13,000,000.00) in the race to be Florida’s next Governor and U-S Senator. As Mike Vasilinda tells us, such early spending was used to be considered foolish, but not necessarily so in todays world of self funders.  

Rick Scott is already up with his third TV spot, including one in Spanish, in his race for the U-S Senate.

“I approve this message because it’s time to make Washington get to work” chimed Scott as he echoed a familiar theme from his term as Governor.

So far, Scott has spent five million on TV. The Republican Governor’s Association has dropped another 6 million to reserve time  through the election.

 

Democratic Consultant Kevin Cate says it is classic Scott.

“Rick Scott is spending because this is formula for winning. Even when he beat Charlie Crist, he had a higher un-favorability rating” says Cate.

At the end of the 2014 election, it looked like Rick Scott might actually lose to former Governor Charlie Crist…until he started spending two million dollars a day on TV.

“We have been all over the state of Florida.” The other big early spender is Democratic gubernatorial hopeful Philip Levine.

 

Between his political action committee and his campaign, Levine has spend more than 8 million introducing himself; including over four million from his own pocket. His latest ad is a collection of TV reports on the race.

”He’s running for Governor and has a plan on how to make that happen” said TV Anchor Evan Donovan of WFLA, Tampa, which was taken off air by the Levine Campaign.

GOP Consultant Mac Stipanovich says such early spending used to be a waste of money.

 

“You probably get twenty cents on the dollar in terms of value at the ballot box” says the GOP veteran.

But for self funders like Levine who have nearly unlimited resources…

‘But you raise a dollar, so now you have a dollar twenty” adds Stipanovich.

After TV, the biggest expense for campaigns so far..campaign consultants.

GOP Agriculture Commissioner Adam Putnam, who wants to be Governor has raised 20 million. His main opponent. Congressman Ron DeSantis has gotten so much free time on Fox news, Putnam was forced to begin spending over a half million on television commercials that began running just over a week ago.

House Speaker Richard Corcoran, who is expected but has not yet entered the GOP Primary for Governor spent nearly three million this spring, with virtually no improvement in his name recognition, backing up the idea that early spending isn’t always a good idea.

Posted in State News | No Comments »

State Supreme Court to Decide if the Legislature Provides Quality Education

May 2nd, 2018 by Jake Stofan

A lawsuit accusing the Florida Legislature of failing to adequately fund Florida schools will get a new hearing.

 

 

Citizens for Strong Schools v. Florida State Board of Education was first filed 9 years ago.

Previous rulings have sided in favor of the state, but education advocates will now get a chance to take their arguments to the state’s highest court.

 

“What this particular case is about is what does high quality mean,” said Executive Director of the Florida School Boards Association Andrea Messina. “And equally as important, is the state delivering on that constitutional mandate?”

The suit argues the Florida Legislature has failed to provide a “high quality” public education system.

 

“This year’s Legislative session was a perfect example of that with only 47 cents being added per student. Not even enough for the cost of a postage stamp,” said Luke Flynt with the Florida Education Association.

They also say students have been negatively impacted by policies like requiring state testing and grading schools on an A to F scale.

 

“We know that no child should be judged on just one test given on one day,” said Flynt.

In the two previous rulings that sided with the state. Judges said the lawsuit dealt with “political questions” that should be left up to lawmakers to decide.

But education advocates say properly funding education is anything but political.

 

“We believe that there is some room for the court to determine what quality looks like and what quality should be expected by the citizens of Florida,” said Messina.

The lack of funding has been compounded by the new school safety Legislation, which requires districts to have at least one resource officer in every school.

Citizens for Strong Schools has until May 21st to file their initial brief, although no date has been set for oral arguments.

At least two counties are considering increasing sales taxes to help pay for the officers.

Posted in State News | No Comments »

Florida DOC Planned Cuts Creating Havoc Among Substance Abuse Treatment Programs

May 2nd, 2018 by Jake Stofan

The Florida Department of Corrections is giving 33 substance abuse treatment providers throughout the state an ultimatum.

Accept drastic cuts ranging from 40 to 90% in their contracts or have their contracts terminated completely.

And providers have only been given 48 hours to make the decision.

The Department cited a $24.9 million budget cut in this year’s allocations as the reasoning for reducing the contracts, which provide substance abuse services to prisoners and parolees.

The Department says it needs to take the money that would have gone to providers and use it for other healthcare needs.

The Florida Drug and Alcohol Abuse Association says the cuts stand to impact more than 50,000 prisoners and parolees who receive treatment through the programs.

The cuts come as 16 Floridian are dying every day from opioid abuse.

 

“In the institutions we’re looking at somewhere between 30 and 60% of the substance abuse treatment will go away. Which means 70% of the people that come to prison have a substance abuse problem. It means 70% less will get treatment,” said Mark Fontaine with the Florida Drug and Alcohol Abuse Association.

Providers have to decide whether to accept the cuts by 5 pm Thursday or have their contract terminated.

Posted in State News | No Comments »

NRA Requests Anonymity for Plaintiff in Lawsuit Against the State

May 1st, 2018 by Jake Stofan
Former NRA President Marion Hammer is no stranger to threats and harassment.
“You have to be cautious, you have to be alert,” said Hammer.
But she says following the Parkland shooting, the threats are worse than ever.
Hammer estimates the threats total in the thousands.
The profanity laced, typo ridden e-mails condemn Hammer to eternal suffering and even threaten her family.
“Am I afraid? I’m concerned, but it’s not going to keep me from standing up for my beliefs,” said Hammer.
Fearing for the safety of a 19-year-old woman interested in joining the Federal lawsuit against Florida’s law banning those under 21 from purchasing a gun, the NRA is asking for the court to allow her to remain anonymous.
“Nobody should have to go through that for simply standing up for their rights,” said Hammer.
In a court filing, the NRA says it expects Attorney General Pam Bondi to oppose the motion to allow the woman to keep her anonymity.
First amendment advocates say the request for anonymity is generally reserved for victims of sexual crimes, not for civil cases.
“Someone who asserts themselves into a lawsuit of wide public concern, I think needs to come fourth,” said President of the First Amendment Foundation Barbara Petersen.
The Attorney General’s Office has until Friday to respond.
A 19-year-old Florida man who wants the court to allow the NRA to describe his story in the lawsuit has also requested anonymity.

Posted in State News | No Comments »

FSU Expanding As Student Applications Skyrocket

May 1st, 2018 by Jake Stofan
Florida State University celebrated a new addition this morning with the opening a new building.
Students enrolled in the Jim Moran School of Entrepreneurship will attend classes in the three story glass faced building located in the heart of downtown Tallahassee.
The new expansion comes as the university faces an influx of new applicants, with 10 students applying for every available opening.
University President John Trasher says the crush of applications creates a unique challenge to ensure lesser privileged students aren’t being left out.
“We’re enhancing our opportunity in our CARE (Center for Academic Retention and Enhancement) program, which goes out and tries to solicit kids that probably may be on the margin both from an academic standpoint and an economic standpoint,” said Thrasher.
The University enrolled just over 400 students last year who were either below the academic threshold or who could not afford to attend the University through the CARE program.

Posted in State News | No Comments »

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