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New Florida Laws Taking Effect January 1st

December 31st, 2019 by Jake Stofan

Day one of 2020 will bring some immediate changes in Florida, with nine laws taking effect.

Here’s breaks down some of the new laws that are likely to impact you.

Just over 1100 tickets have been written for texting while driving or not being hands free in a school or work zone since the texting law took effect earlier this year, but with the new year comes tough new enforcement.

Law enforcement will ramp up ticket writing for distracted drivers.

“That’s the number one thing, just put it down,” said Lieutenant Derrick Rahming with the Florida Highway Patrol.
Also starting January 1st, the Department of Health will have more control over office surgery centers, which have been responsible for multiple deaths and hospitalizations throughout the state.

“It will increase patient safety by orders of magnitude,” said Celebrity Plastic Surgeon Michael Salzhauer at a March press conference.

Doctors will start having to electronically report all prescriptions.

Stricter vaccination reporting requirements will also take effect, but because of opposition from anti vaccination groups, parents will still be able to opt their children out by claiming religious exemptions.

“At the end of the day it’s up to a parent to be able to make that decision,” said Erin Olszewski, President of the Florida Freedom Alliance at a rally in April.

You’ll also be able to have documents notarized online at the start of 2020.

The new year will also come with a 10 cent minimum wage hike, raising it to $8.56 an hour.

And 2020 could see more changes to the minimum wage.

Voters will get the chance to decide if they want to raise the minimum wage to $10 starting in 2021, ultimately reaching $15 an hour.

“I’m not saying right away I’m saying 11, then 12, 13, 14, 15 over a period of years,” said Florida for a Fair Wage Chair John Morgan at a speaking event in August.

After the New Year lawmakers will quickly be returning to work.

The 2020 session kicks off January 14th.

Some of the hot button issued already teed up for the 2020 session include parental consent for minors seeking abortions, mandatory e-verify checks for employment and raising teacher salaries.

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This Could Be the Last New Year’s Eve Fireworks are Illegal in Florida

December 30th, 2019 by Jake Stofan

Many fireworks displays you’ll likely see or hear this New Year’s Eve are technically illegal in Florida.

Unless the displays are put on by a professional, they violate the law, but that might not be the case next year if legislation moving in the Florida Legislature becomes law.

As Craig Dennis with Ashley Pyrotechnics points out, retailers and consumers are able to skirt the current law by signing a form saying the fireworks will be used for agricultural purposes.

“I just bought these the other day. These are all illegal in Florida, but I purchased them because I signed this form that says I’m using them for some exemption under Florida law,” said Dennis.

But a new bill would prevent Floridians from having to lie to enjoy holiday pyrotechnics.

It would allow fireworks to be sold and used three times a year, for Memorial Day, Independence Day and New Years Eve.

“They’re already purchasing fireworks to celebrate national holidays and New Years Eve, New Years Day,” said House sponsor Rep. Ana Maria Rodriquez. “And so why put Floridians in a position where they’re going to be perjuring themselves every time that they purchase fireworks, saying that they’re going to use it for something that they’re not?”

The bill is facing opposition from fire safety advocates who point to fireworks causing nearly 300 fires and almost $800,000 in damage in Florida over the past two years alone.

But with or without the bill, fireworks are readily being sold and used under current law.

“All you have to do is sign a form and you walk out the door with whatever you want and here it would simply put retailers like me in a position where we could compete with other larger companies,” said Dennis.

If the bill becomes law you’ll have to be 18 or older to purchase fireworks.

Local governments will also have the ability to enact their own bans on fireworks if they see fit.

The bill only needs to clear one more committee in the House and Senate before floor votes in both chambers.

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Flu Kills Two in Florida, Multiple Outbreaks Reported

December 30th, 2019 by Mike Vasilinda

Two Florida infants lost their lives to the flu during the first week on December, the first flu related deaths of the year in Florida, according to the Florida Department of Health.

The Department says neither child had been vaccinated.

The number of Florida flu related cases being reported is higher than this time last year.

During the same week four outbreaks were reported in Central and South Florida, three at facilities for adults and at one facility serving children.

The number of emergency department and urgent care center visits for influenza among pregnant women also increased and remained above levels at this time in previous seasons.

The Department of Health says the best way to prevent or lessen the effects of the Flu is by being vaccinated.

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Police Use of Civil Citations Hits Plateau

December 27th, 2019 by Jake Stofan

According to a new report published by the Southern Poverty Law Center Florida arrested 38 percent of children caught committing first time offenses last year.

Police have the option of issuing a civil citation to youth offenders who commit minor offenses.

“Giving kids the opportunity to make a mistake without having to have an arrest record,” said Barney Bishop with the Florida Smart Justice Alliance.

Since 2011 law enforcement’s use of civil citations has increased between five and eight percent each year, but the report shows last year civil citations hit a plateau, increasing only one percent.

“That troubles us because what we see is that juvenile civil citations result in better outcomes for kids,” said Scott McCoy with SPLC Action.

In all, 6,200 children were arrested for first time minor offenses last year.

The report also found more than 600 children 12 years old and younger were arrested last year for first time misdemeanors.

Nearly half of those arrests were of children 11 and younger.

Ten law enforcement agencies accounted for a disproportionate share of the arrests.

Combined they charged 1,900 juveniles, or nearly a third of all first time youth arrests statewide.

Hillsborough County Sheriff’s Office topped the list, arresting 44 percent of first time youth offenders.

“There are several jurisdictions around the state that are not embracing this idea, are not following the data and the research to see that this has a better outcome both for the community and for the kids,” said McCoy.

Legislative attempts to require civil citations for first offenders have failed, and because the citations aren’t mandatory, change will likely have to come at the local level.

“Changing the attitudes of the sheriffs or the police chiefs to using this methodology versus whatever they’re using now,” said Bishop.

Ironically while, Hillsborough topped this list for the most arrests, neighboring Pinellas County scored the best, issuing civil citations in 97 percent of cases.

Despite the slow growth of civil citations last year, criminal justice advocates point out Florida continues to lead the nation in juvenile pre-arrest diversion programs.

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Abandoning Your Pet Outside During a Hurricane Could Soon Be a Crime

December 26th, 2019 by Jake Stofan

Pets are left behind when hurricanes hit, some left outside where they are vulnerable to the worst of the storm.

The ASPCA alone reported rescuing nearly 600 animals that had been left behind during Hurricane Michael.

In a case depicted in a video released by the organization, a dog had been left outside chained to a fence, unable to defend itself.

Similar situations are not uncommon during hurricanes.

“They have no chance to survive,” said State Senator Joe Gruters.

Gruters is sponsoring new legislation would make abandoning a dog chained up outside during a natural disaster a crime, punishable by up to one year in prison and a $5,000 fine.

“It’s when you hike out of town and leave the dog tethered where they have no chance and this bill is about giving all dogs a fighting chance,” said Gruters.

Animal rights groups like the Humane Society hope if passed, the bill would make people think twice before leaving their dogs out in the elements.

“Every family should have a disaster plan and in that plan includes your pets. It’s not okay to evacuate and leave your animal outside chained. If it’s not safe for you it’s not safe for your pet,” said Kate MacFall with the Humane Society.

Some lawmakers have raised concerns about the bill, calling it overly broad, because it isn’t only limited to Hurricanes.

It also includes tropical storm and tornado warnings.

“Half the time I don’t know when a tornado warning has been issued or not issued and how would I possibly be able to get home and unchain the dog?” Said State Senator Jeff Brandes.

Gruters has said he’ll work on refining the legislation moving forward, but what changes might be in store are unknown right now.

So far the bill has cleared one Senate committee, but a companion has not been filed in the House.

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Environmentalists Won’t Get a Frack Free Christmas

December 24th, 2019 by Jake Stofan

The Governor has been receiving some heat this holiday season from environmentalists who say the Governor has failed to follow through with his campaign promise to ban fracking.
Their hope is to see a ban passed in 2020, but so far there doesn’t appear to any momentum building.
Earlier this month caroling environmentalists changed the lyrics to Christmas classics to deliver an anti-fracking message to the Governor.
It’s something the Governor once said he’d fight for.
“It’s been close to a year since he has said anything about it and what he has said was innsufficient so far,” said Kim Ross with ReThink Energy Florida.
Armed with 20,000 petitions asking the Governor to deliver a Frack free Christmas, environmental groups argued Governor Ron DeSantis has turned his back on a campaign promise.
“And this lack of action combined with DEP’s recent actions allowing a Texas oil company to drill for oil in the Apalachicola River basin is absolutely disgraceful,” said Ray Seaman with Progress Florida.
There were early signs of hope.
In his inaugural address DeSantis vowed to be an advocate for the environment.
“And we will never ever quit,” said DeSantis.
He followed up with an executive order, directing state environmental agencies to lobby for a fracking ban.
Last year a fracking ban was proposed and moved further through the legislative process than ever before, but it didn’t cross the finish line.
There hasn’t been much indication a ban will fare better in 2020.
Senate President Bill Galvano said so far there’s been no word from the Governor on the issue.
“We’ve not had those conversations with the Governor. I’m certainly not opposed to senators working on that particular issue as they have in the past,” said Galvano.
This year’s proposed ban has cleared one Senate committee, but hasn’t moved in the House.
Without an endorsement from the Governor, its future remains uncertain.
We reached out to the Governor’s Office for comment on this story, but did not receive a response.

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USMCA Deal A Mixed Bag For Florida

December 23rd, 2019 by Jake Stofan

Overall, Florida stands to win big if the new United States Mexico Trade Agreement clears the finish line in Congress according to the Florida Chamber of Commerce, but one of Florida’s largest industries didn’t get everything it had hoped for in the deal passed by the US House Friday.
With the US House approving the United States Mexico Canada Trade agreement business groups in Florida are breathing a sigh of relief.
“This helps to ensure that those trade wars can stop. That tariffs are not going to overly burden Floridians and hit them in the wallet,” said Edie Ousley with the Florida Chamber of Commerce.
The two boarder countries are both in the top six international buyers of Florida exports.
Florida exports about $58 billion worth of goods about $48 billion in services each year.
“When you think about jobs more than 2.5 million Floridians are actually employed in international trade,” said Ousley.
But not everyone is happy. 
Florida’s Commissioner of Agriculture Nikki Fried tweeted Thursday expressing her disappointment that added protections for Florida farmers didn’t make it into the final product.
It’s deeply disappointing that seasonal protections were not included in this #USMCA legislation. Florida remains committed to continuing our fight through all available channels to protect our vital seasonal produce industry, and to put Florida’s and America’s farmers first,”said Fried.
 
Quincy tomato farmer Graves Williams said cheaper Mexican produce has decimated many Florida farmers.
“We need the seasonal protections immensely so because at certain times of the year they grow so much produce down there it has to come to the states,” said Williams.
Williams said as far as Florida farmers are concerned, the USMCA won’t make their situation worse, but it won’t make it better like they’d hoped.
“Let’s hope in the future that it happens because the United States really does need to feed itself. We don’t need other countries feeding us,” said Williams.
The USMCA still needs to pass the Senate. 
That could come early next year, given it’s not delayed by the impeachment trial.USMCA A Mixed Bag For Florida

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Protect Yourself From ‘Pet Leasing’ this Christmas

December 20th, 2019 by Jake Stofan

Pet leasing is becoming a more popular option offered by pet stores.

Often times those buying a new dog or cat don’t understand what’s at stake when they sign the dotted line.

Lawmakers are hoping to ban the predatory practice in the 2020 session.

Imagine picking up a new dog and bringing it home to the family only to get a bill in the mail a month later explaining you don’t actually own the dog.

“When we go to buy a pet the last think we think of is that this could be a lease,” said Senator Annette Taddeo.

Pet leasing is an option offered by all but six of 66 pet retailers in Florida.

Senator Taddeo said what families often don’t realize is the payments can be incredibly high and missing a payment means the seller could take the family dog away.

“It’s very very tough to find out that if you can’t make the payments, and most of the time they can’t, that they have to return this now family member,” said Taddeo.

That’s why she’s sponsoring legislation that would ban the practice statewide.

Retailers who offer pet leasing options would face up to a $500 fine for a first offense.

The fine doubles for a second offense.

So far seven states have banned pet leasing, but the legislation in Florida won’t be passed before Christmas.

In the meantime, there are ways you can avoid falling victim to a pet leasing scheme this holiday season.

“Look at the paperwork first. Ask them what the financing plans are and really understand how much they’re charging,” said President of the Florida Association of Animal Welfare Organizations Martha Boden.

Another way is to purchase from a trusted breeder.

“Reputable breeders can be found by doing your research. Making sure you see mom and dad and the conditions that they’re kept in before the puppies are sold,” said Jennifer Hobgood with the ASPCA.

Animal activists said adopting from a local shelter is the best option.

No risk of a lease, and you can save an animal’s life.

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More Behavioral Cash Needed to Shorten Time in Foster Care

December 20th, 2019 by Mike Vasilinda

Florida law already requires the Department of Children and Families to limit kids to no more than a year in foster care, but many spend eighteen months or more our of their homes before the state moves to end parental rights and find a permanent home. As Mike Vasilinda tells us, a plan to speed up permanency for foster kids is raising concerns.

  • Number of kids in foster care: 23, 251
  • Number of adoptions in FY 18-19: 4,572
  • Adoptions Fiscal year to date: 1, 996

Just over 23 thousand foster kids in Florida will spend Christmas away from their parents…Best practices and Flordia law requires Children and Families to find a permanent home for foster kids after a year, but Mike Watkins who runs Big Bend Community Based Care, says it seldom happens. 

“The exit cohorts are running about eighteen months.”

Now the state is pushing to get closer to the one year deadline.

But a report by the FSU College of Medicine says that eighty percent of the kids in foster care are there because their parents have mental health or substance abuse issues.

Retired Circuit Judge and longtime child advocate Karen Gievers says a year or less  year would be best for kids 

“if if if”. If the state is doing its job says Geivers.

“If The state says you have to wait two months to get into a program and then the parent starts a program and maybe has a relapse and has to restart,, and then there’s another two or three month lag. If you timeframes and no services being provided in the meantime, there a real concern whether termination of parental rights without giving a realistic fair chance  for the parents to do what they need to do, would not pass constitutional muster.”

And Mike Watkins, who cares for just over 900 foster kids across north Florida this Christmas says a shorter time in care is desired, but…

“If it comes down to the mom and dad, in the eyes of a judge deserve another month or another chance, I think those are also deserved options.”

In the end, any change will take more money, the Governor is proposing 20 million more to help in adoptions, but experts say the real need is for drug treatment.

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Casey DeSantis Proving to Be Most Active First Lady in Decades

December 19th, 2019 by Mike Vasilinda

Florida Governor Ron DeSantis promised to be an active executive when he was sworn into office nearly a year ago.

What he didn’t mention, is that Floridians would also be getting the most active First Lady in decades.

On the day he was sworn in, Ron DeSantis quoted Alexander Hamilton.

“Energy in the executive is the leading character in the definition of good government,” said DeSantis.

He didn’t make it clear Floridians were getting a two for one deal.

In a little less than a year, First Lady Casey DeSantis has taken on mental health in schools, teen suicide prevention worked with first responders on PTSD and other concerns.

“I can either sit by or I can be active,” said First Lady DeSantis.

With all she is doing, she is the most active First Lady Florida has seen in recent memory.

“Never once has the Governor ever said to me, hey, what are you doing, or can I see what you’re doing, or let’s review it. From the beginning, he’s always told me lead with conviction and principle and do what you know in your heart to be right and go do it,” said First Lady DeSantis.

There is also another first in the works.

“Has there ever been in the history of Florida three children, three years of age and under? And so far, we’ve gone back to 1845 and we haven’t seen anything yet,” said First Lady DeSantis. “It’s a lot for the Mansion.”

The DeSantis’ are expecting in March.

“Just because he is the Governor of Florida doesn’t mean he gets out of diaper duty. So he will be doing that at two am if its called for, doing so feedings if thats need too, and helping with the other two kids,” said First Lady DeSantis.

First Lady DeSantis said he plan for the holidays is to enjoy the food, as she’s eating for two.

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Governor Presents $2.6 Million to Hurricane-Struck Gadsden County

December 19th, 2019 by Mike Vasilinda

Governor Ron DeSantis presented a check to Gadsden County Thursday morning for just over $2.4 million.

The cash comes from a $25 million fund set up to help small communities recover from Hurricane Michael.

The money will go to repair a park and reimburse the city of Quincy for lost utility revenues, and several other needs in the rural county.

Emergency manager Jared Moskowitz said the awards are the first of their kind.

“And never before has the state helped cities and counties replenish dollars from lost revenue, also first of its kind. And so that’s what we’ve been doing at the Division of Emergency Management under Governor DeSantis’ leadership. Trying to understand how Hurricane Michael was so different and the areas it hit are so different,” said Moskowitz.

The Governor also made similar stops in Blountstown and Panama City.

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Minimum Wage Hike Will Appear on 2020 Ballot, Business Groups Worried

December 19th, 2019 by Jake Stofan

A proposed constitutional amendment that would increase Florida’s minimum wage has gotten the go ahead to appear on the 2020 ballot from the State Supreme Court.

If passed, the amendment would set the state’s minimum wage at $10 an hour starting September 2021.

It would raise by one dollar each year until hitting $15.

After that, it would increase based on inflation.

Business groups worry raising the minimum wage would cost the state jobs.

“Its proponent says it’s actually designed to help people. The true fact is it’s actually going to hurt the very people that the proponent is claiming that it’s going to help. It’s not good for Florida. Florida stands to lose up to 500,000 jobs between now and 2026,” said Edie Ousley with the Florida Chamber of Commerce.

The amendment will need at least 60 percent voter approval to pass in 2020.

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Distracted Driving Law Goes into Full Swing January 1st

December 19th, 2019 by Jake Stofan

Starting January first you’re more likely to be ticketed for texting while driving or using you phone in a school or work zone.

The state’s new texting while driving law technically went into effect in July 1st, but law enforcement has used the first six months to focus on education.

“We don’t want anyone to take their eyes off the road. We want everyone to be just focused on driving. That’s the number one thing. Just put it down,” said Lieutenant Derrick Rahming with the Florida Highway Patrol.

FHP alone has issued 897 warnings, but as of January first, enforcement becomes the priority.

“Enforcing the law with citations. There will be an approach where we want to make sure that everyone has had their time in the six months,” said Rahming.

In extreme cases law enforcement hasn’t hesitated to write a ticket.

Statewide, police have issued 1,151 tickets for texting behind the wheel.

Since October first, 30 tickets have been issued for violations to the hands free portion of the law, which applies only in active school and work zones.

But expect more tickets after January first.

“We don’t want anyone to get hit anywhere in the state of Florida, but those areas specifically we just want to make sure that if you have a device in your hand you’re going to get stopped, you’re going to get a citation,” said Rahming.

A ticket for texting while driving will cost you $30.

If you’re caught violating the hands free law, you will be ticketed $60 and have three points added to your license.

Safe driving advocates like Demetrius Branca haven’t giving up hope for stronger laws to be passed in the future.

Branca does think the new law does have the potential to make some impact.

“There are of course benefits to this law. It’s an education period for people, and that’s what we need. We need education, we need legislation and we need enforcement and this is kind of a little bit of all three,” said Branca.

The ultimate goal of safe driving advocates is to see Florida go totally hands free, which is already the law in 21 other states.

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State Workers Demand Five Percent Raise

December 18th, 2019 by Jake Stofan

State workers will have Christmas Eve and New Year’s Eve off this year, but unions representing them argue what they really is a pay raise.

Florida has the lowest per capita number of state employees in the country and tax payers spend less than half the national average to pay their salaries.

Despite being efficient, state employees have seen just two pay raises since 2006.

In that same time, their spending power has decreased 25 percent when accounting for inflation.

“It’s about time you recognize the work of your public servants,” said David Jacobsen, President of AFSCME Retirees, which represents retired state workers.

During a rally the State Capitol Wednesday, workers demanded a 5 percent pay raise.

Currently, eight out of ten state employees average just over $37,000 a year.

“It is not something you can raise a family on and beyond that, there’s many employees that make significantly less than that. I make $26,000 a year,” said Jordan Scott with AFSCME Local 3037.

The rally came a day after the Governor announced state workers will get Christmas Eve and New Year’s Eve off, and while unions appreciated the gesture, they said it won’t put more money in workers’ pockets.

“He [the Governor] mentioned in his article yesterday, that they do work hard, but he just wants to give them those two days off for holidays, but they have to go home and face those kids that they can’t get them what they want for Christmas?” Said State President of AFSCME Council 79 Vicki Hall.

There some signs of hope.

Senate President Bill Galvano hasn’t ruled out a raise.

“It’s not off the table to take a look at how we are paying our state workers,” said Galvano.

Looking ahead, unions said ultimately, a two to three percent raise each year is in order to keep state workers afloat.

Unions representing state employees will undergo one last round of negotiations this year on December 30th.

So far they’ve described the described the talks as unproductive.

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Recreational Marijuana Initiative Throws in the Towel, Another Stilling Hanging On

December 17th, 2019 by Jake Stofan

One of two efforts to legalize recreational marijuana is no more.

Now the one serious push to legalize marijuana in 2020 faces an uphill battle to get on the ballot.

Sensible Florida has suspended its effort to put the question of regulating marijuana the same as alcohol before voters in 2020.

A large part of the failure comes down to money.

“They’ve raised only approximately 200 grand. Not to mention they had some reservations coalescing the industry support,” said Taylor Biehl with the Medical Marijuana Business Association of Florida.

The 10-page amendment, which allowed home grow and a included a complete reconstruction of the state’s current marijuana business model, also faced pushback from Florida’s Attorney General, who argued it would confuse voters.

“They were kind of doomed from the onset trying to do too much,” said Biehl.

Unlike Sensible Florida the remaining citizen initiative, Make it Legal Florida, is backed by two prominent medical marijuana companies and has been banking a million a month.

$3.7 million in total.

“They’ve focused on spending money on mail to garner the signatures. It’s costly, but it’s effective and when you’re working on a truncated timeline it certainly very well may prove to be a genius campaign move,” said Biehl.

Make it Legal Florida also kept the amendment simple, leaving plenty of room for the Legislature to work out the details.

House lawmakers have been holding rounds of hearings, preparing for the possibility of marijuana legalization.

There’s been no discussions in the Senate yet.

When asked about the possibility of legalization, Senate President Bill Galvano said the Senate plans to focus on other marijuana issues.

“There are issues with THC and THC limits that the Senate is willing to entertain,” said Galvano.

It’s still unclear if the sensible Florida campaign intends to back Make it Legal Florida’s effort, which still needs nearly 600,000 signatures by February.

And while the state’s seed to sale marijuana business model may no longer be under threat by Sensible Florida’s constitutional amendment, there remains a case pending in the State Supreme Court that could result in the vertically integrated system being declared unconstitutional.

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