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Election Law Signing Backlash Preview of 2022

May 6th, 2021 by Mike Vasilinda

An hour after the Governor signed new election law changes, the League of Women Voters and a host of other groups filed suit. It names all 67 Elections Supervisors, the Secretary of State and the Attorney General. As Mike Vasilinda tells us, reaction was swift.

Reporters were barred from the private event where the bill was signed. And Florida’s lone Statewide elected Democrat, Agriculture Commissioner Nikki Fried, was quick to criticize.

“He took the state plane, the plane you and I pay for, to fly down to a location two miles from his master at Mar-A-Lago” Fried said with indignation.

Fried has made no secret of her plans to challenge the Governor in 2022, or what she says are his motivations for signing the bill on national TV.

“I have absolutely no doubt that this piece of legislation was for the sole purposes of him trying to insure a reelect in 2022 to only run for President in 2024.”

Fried has filed a friend of the court brief in a 69 page Federal law suit filed by the League of women Voters. The suit seeks to invalidate restrictive changes to the use of drop boxes and argues the bill restricts every step of the voting process in Florida.

And we are told to expect the courts to take a hard look at restrictions on their party voter registration organizations.

Groups must tell potential voters their application may not be turned in on time. That they have other options to return the application by mail or in person, or fill it out on line.

Leon Supervisor Mark Earley, who is also  the Vice President of the State Elections Supervisors says ”If you have questions, call your local elections office.” 

Early and the states other 66 Supervisors of Elections opposed most of the legislation.

“I don’t think there need to be many changes. But, the law is what it is and we’ll see how the court cases play out” Earley told us.

Either side is expected to appeal if they lose.

The Govenor won in 2018 by just over thirty two thousand votes, making it the closed race for governor in at least forty years..  A second lawsuit has also been filed by the NAACP. It too alleges the purposed of the legislation is to suppress voter turnout.

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National Day of Prayer

May 6th, 2021 by Mike Vasilinda

A hundred people, likely the largest crowd the state Capitol has seen since the beginning of the pandemic, turned out today for the national Day of Prayer, which is held simultaneously in most state capitals. Today, Florida Corrections Secretary Mark Inch used the occasion to pray for two officers hurt this week in the line off duty.

“That you will bring healing to those that have been hurt, to include our correctional officer that was stabbed eight times two days ago.  Or our correctional officer who received lacerations stopping one inmate from killing another yesterday. For what happens every day, protect our men and women, whether they are inside the prisons or our probation officers throughout our communities” prayed the retired General.

Inch also prayed for more resources to help inmates return to society.

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Florida Supreme Court to Decide if Police Officers Can Also be Victims.

May 5th, 2021 by Mike Vasilinda

A 2018 Constitutional amendment approved by 62 percent of Florida voters continues to be controversial. The so called “Marcy’s Law” is designed to give crime victims rights and protect their identity, but the language is now being used to protect the names of on duty police officers involved in shootings. As Mike Vasilinda tells us, the case is finally going to the state Supreme Court. 

 

This body cam video from last May shows the moments before police shoot a transgender woman who had just stabbed a neighbor.

“An enhanced version of the video showing Tony assuming the shooting position was provided by the Tallahassee Police department.

Afterwards, the Police Benevolent Association sued to keep the officers name, and that of another, secret under Marcy’s Law which is designed to protect crime victims.

“I found it disturbing what my clients experienced” said Luke Newman, the PBA Attorney.

“They certainly signed up to patrol our streets and keep us safe. They didn’t sign up to be charged at with a hunting knife or have a gun pointed at them” added the attorney.

A lower court ruled against the PBA, but an appellate court ruled the names could be  private.

Now the case is going to the state Supreme Court. And those who oppose the secrecy say police officers aren’t average citizens when they are on duty.”

“This is precisely what they signed up for” says former US Attorney and Florida First Amendment President Pamela Marsh.

“Law enforcement receives significant training on being attacked.  And going into violent interactions” says Marsh.

Pinellas County Sheriff Bob Gualtieri says the secrecy ruling was correct, but bad for the long term.

“I don’t think it’s good public policy that a law enforcement officer gets to use deadly force, and remain anonymous. I don’t think its the American way” says Gualteri.

The Supreme Court hasn’t set a date for a hearing, which means a decision could be a year away or longer.

In a statement, Tallahassee City Attorney Cassandra Jenkins, who filed the notice of appeal, said “With respect for the (appellate) court’s opinion and appreciation of the difficult work performed by police officers every day, the decision has far-reaching implications related to public transparency and is deserving of final review by Florida’s highest court.”

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2022 Governor’s Race Under Way

May 4th, 2021 by Mike Vasilinda

Former Governor Charlie is making his sixth run for statewide office and an hour before he officially announced, Ron DeSantis, the current Governor, was already lobbing criticisms and telling Crist and other Democrats to bring it on.

Charlie Crist is just three for six in winning statewide races.

Four of them as a Republican, one as an independent and once again for Governor in 2014 as a Democrat.

That prompted this response from the Governor.

“But now I see he’s voting with Nancy Pelosi one hundred percent of the time. He could probably give it a run for the Green Party and San Francisco liberal Green Party, so who knows what’s gonna happen with that,” said DeSantis.

Minutes later, Agriculture Commissioner Nikki Fried was asked about making the race herself.

“We have seen from this Governor in the last two and a half years that he must be a one term Governor. And as the only statewide elected Democrat, it makes absolute sense for me to be running for Governor. But today is not the day for me to make that announcement,” said Fried.

And then she had this two say about Crist. “His seat is one that probably only Charlie Crist can hold on to. So really, I would liked to have encouraged him to remain in Congress,” said Fried.

Fried also laid out criticism of Governor Ron DeSantis.

Crist did the same in his announcement video.

“He doesn’t believe in a woman right to choose. He doesn’t listen. He doesn’t care,” said Crist in the ad.

And to that, the Governor basically said: Bring it on.

“I implore them, from my political interests, run on closing schools. Run on locking people down. Run on closing businesses and ruining. I would love to have that debate,” said DeSantis.

Just over five million people voted when Crist won the Governor’s race in 2006.

Last year, more than 11 million ballots were counted.

Orlando Democratic Congresswoman Val Demings, who was briefly considered for the Vice Presidency under Joe Biden is also considered a strong contender to get into the Governor’s race.

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Trial of Man Accused of Making Threats on Inauguration Day Begins

May 4th, 2021 by Jake Stofan

The trial of a man accused of threatening violence at the state Capitol on Inauguration Day began in federal court Tuesday.

The government says the former army sniper attempted to call people to arms to attack protesters.

Daniel Baker faces two counts of making true threats of violence.

One for a flier posted on his social media accounts calling Floridians to arms and encouraging them to defend the State Capitol against ‘racist armed terrorists’ he feared would storm the building on Inauguration Day.

The other, for a Facebook group he’s accused of making, calling for similar action.

A group of Baker’s friends were present in court for jury selection.

They didn’t talk Tuesday, but in January they told us Baker is misunderstood.

“The FBI themselves were warning about this and I think he took the FBI warning seriously and I think he was just trying to protect his neighbors,” said Eric Champagne, Baker’s roommate and friend.

A number of potential jurors admitted they would have a hard time separating their feelings about the January 6th insurrection and the facts of the case.

Others were excused for already having knowledge about the case or having already formed an opinion.

In opening arguments the defense didn’t contest the evidence against Baker, saying this trial wouldn’t be a case of ‘who done it’.

Instead, the public defender said their case would rely on whether Baker actually intended to carry out the threats made, or even whether he was capable of doing so.

The prosecution in its opening arguments pointed to Bakers past military service and his time spent fighting in Syria with an anti-ISIS militia group as evidence Baker was capable and likely to have carried through with the online threats.

The prosecution said it will take two or three days to lay out there case against Baker, then the defense gets its turn.

Baker is expected to take the stand.

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Ag Commissioner Hits DEP Over Piney Point Disaster

May 4th, 2021 by Mike Vasilinda

Ag Commissioner Nikki Fried on Tuesday asked tough questions of the man who runs the State Department of Environmental Protection.

She wanted to know why decisions were made a decade ago not to close the former phosphate mine that leaked more than a quarter million gallons of nutrient rich contaminated water into Tampa Bay.

“Piney Point has been a ticking time bomb. And we know that there were letters and communications sent to DEP with the gravity of the upcoming situation. We are not going to allow Noah or this administration to push it under the rug and say everything is going to be okay. We’re throwing hundreds of millions of dollars, taxpayers dollars, to an environmental disaster with no, hey what happened? How did we get here?” said Fried.

Fried also asked what the state is doing to protect 27 other phosphate stacks located throughout the state.

She was offered a private briefing on the matter, but did not get a public response.

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Property Insurance Savings Delayed

May 3rd, 2021 by Mike Vasilinda

Homeowners are experiencing sticker shock as home insurance rates are rising rapidly in Florida.

New reforms designed to lower rates take effect July 1st, unless vetoed by the Governor, but it could be more than a year before rates stabilize.

Florida’s 6.2 million property insurance customers are seeing double digit hikes for homeowners insurance, and reform legislation doesn’t deal with one of the biggest cost drivers.

“Roofs are covered under the amendment, just like they have been in the past in your homeowners policy,” said Senate sponsor Jim Boyd.

Co-sponsor Senator Jeff Brandes explained lawmakers couldn’t agree on a sliding scale to replace a roof based on its age.

“What they see as roofs are getting older, they are having to replace these roofs that are 20 years old that were frankly at the end of their useful life anyway,” said Brandes.

The legislation also makes significant changes to the way attorneys are paid.

“If everybody’s reasonable, then everybody pays for their own attorneys fees. Before it was if you got one dollar more, then the insurance company had to pay all the legal fees,” said Brandes.

Even supporters have said it’s going to take 18 to 24 months for the legislation to make a dent in rates.

Democrats tried freezing current rates while the changes take place.

“And lets make sure it saves consumers money and doesn’t create more profit for an industry,” said State Senator Janet Cruz.

It failed.

House Democrats told us they believe the rejection makes the legislation one sided.

“It’s a bill that’s really meant to put as much money into an insurance companies pockets as is humanly possible,” said Representative Evan Jenne.

Under the legislation, homeowners have to accept a quote from a private insurer, even if it is up to 20 percent more than the state’s insurer of last resort.

The legislation also prohibits third party adjustors from offering incentives to inspect your roof, and provides penalties for those who skirt the law.

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Battle Lines Drawn Ahead of Gaming Session

May 3rd, 2021 by Jake Stofan

Lawmakers may have left for home after wrapping up the 2021 legislative session, but they are already planning to be back in the Capitol in two weeks.

They’ll spend up to a week debating a new gaming compact with the Seminole Tribe.

Already, campaigns for and against the gaming deal are underway.

On the final day of session, the Governor teased the deal while touting the record $101.5 billion state budget.

“Our budget looks great, but why not get more in the kitty, right?” said Governor Ron DeSantis.

The Governor has said the deal will bring in $6 billion to the state by 2030.

A new ad by the tribe also pitches the deal as a win for the economy.

One of the biggest items in the compact is the legalization of sports betting.

“The parimutuels can contract with out-of-state clients to run the back end, but everything goes back to the tribe. The tribe can also contract with out of state to get that done,” sad State Senator Travis Hutson, who has spent years working on gambling legislation.

The deal also allows the tribe to offer craps and roulette.

Any product lawmakers agree on is sure to be challenged by anti-gabling groups, who are already arguing the new compact constitutes an expansion of gaming and has to be approved by voters.

“If Amendment 3 wasn’t designed to stop something like this, the biggest expansion of gambling in Florida history, then what did voters mean by it exactly?” said John Sowinski, who authored the Voter Approval of Casino Gambling constitutional amendment.

Lawmakers believe because any new gaming will run through the sovereign Seminole Nation, the 2018 constitutional amendment doesn’t apply.

“I hear there’s an Oklahoma case that’s very similar that has gone through the federal process. So I think we’re on solid ground,” said Hutson.

Lawmakers have slated five days to work on the gaming issue and it’s possible they’ll finish even sooner.

However, any legal challenges to the Gaming Compact aren’t likely to be resolved with such haste.

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Legislators Go Home, For Now

April 30th, 2021 by Mike Vasilinda

Florida’s legislative 2021 session is now in the history books.

Lawmakers started the week with just 77 bills headed for the Governor’s desk out of more than 3,000 filed.

The number topped 260 when they adjourned at mid afternoon Friday, and the session was controversial right up to the final hankie drop.

Florida lawmakers start their sessions with a prayer and legislation on its way to the Governor will require two minutes of silence at the beginning of the school day.

Republicans in control give the session high marks.

“I think we did some tough votes, but I think we did it in a way that showed respect for all 120 members in the chamber, so I give it an A,” said Representative Sam Garrison.

Democrats, who tried to raise unemployment benefits were not so kind.

“We can’t even get an agreement to raise the unemployment benefits in our state, but yet we can talk about children playing in sports. We are trying to restrict people’s right to vote,” said Representative Michele Rayner.

The session was controversial right up to its final moments.

Democrats are still mad about a ban on transgender women playing girls sports.

“It would expel and humiliate the current transgender athletes that are playing on school teams right now,” said Representative Carlos Guillermo Smith.

And although watered down, the election bill still limits drop boxes.

Mail ballot requests also remain a sticking point.

“This is what it looks like when 22 million people have a conversation,” said Senator Dennis Baxley.

And there was a bit of an upset right before adjournment when an amendment aimed at the NCAA was put into a bill.

It says organizations that boycott Florida can not have their dues paid with taxpayer money.

In the case of FSU, it is an $1,800 a year cost that will have come from private funds in the NCAA pulls championships out of the state.

After the hankie drop, key legislators and the Governor took a victory lap.

“What the Senate and House did this year was take long term structural views of what we were doing,” said Senate President Wilton Simpson.

“If a local government gets hold of defund police, and someone wants to do that. We are protecting people from that, even if your local government goes off the deep end,” said Governor Ron DeSantis.

Lawmakers will be back in mid May for a week long special session to consider ratify a gaming compact with the Seminole tribe.

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Florida Lawmakers Pass Historic $101.5 Billion Budget

April 30th, 2021 by Jake Stofan

State Lawmakers have wrapped up their work for the 2021 legislative session agreeing on a historic $101.5 billion budget.

Both parties say they’re happy with where the budget landed, after initially fearing drastic cuts.

This is the first time in state history the budget has topped $100 billion.

Legislative leaders say the spending plan this year was crafted with the future in mind.

“I believe this session we have created a framework that will benefit our state for generations to come,” said Senate President Wilton Simpson.

The eye popping overall price tag seemed unimaginable at the start of session, when lawmakers were looking at massive cuts to health care, prisons and more.

But those cuts were avoided thanks to higher than expected state revenues and billions in federal stimulus.

“I think every time we came back the estimates got better and better about revenue coming back in the state, which wasn’t happening, which made our budget choices a lot easier,” said House Speaker Chris Sprowls.

Even Democrats are happy with the overall product, despite not seeing the direct relief to Floridians they had hoped the extra federal cash would go towards.

“$10 billion goes a long way into any budget and it’ll make it a lot better,” said House Democratic Co-Leader Bobby DuBose.

Some highlights of the budget include half a billion for coastal resiliency projects, a ten month expansion of postpartum Medicaid coverage, a raise for minimum wage state employees to $13 an hour and one time teacher and principle bonuses of $1,000.

One area seeing a huge boost from the feds, the $20 billion k-12 budget.

“We now have more money than they can even consider what to do with. We’re awash in funding. COVID turned out to be the greatest stimulus for education spending in public education history,” said House K-12 Appropriations Chair Randy Fine.

The budget is now in the hands of the Governor, but the Senate President isn’t fearing the veto pen this year.

“Wildlife corridors, the environment, sea level rise. All of the things that are in this budget, I believe the Governor will fair in his application of the veto pen,” said Simpson.

Facing the uncertainty around the pandemic, the Governor vetoed a billion from the budget last year.

He has a month to decide what stay and what goes for this year.

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Advocates Call on Governor to Veto Tans Athlete Ban

April 29th, 2021 by Jake Stofan

During some last minute maneuvering Florida lawmakers revived, then passed legislation prohibiting transgender women from competing in women’s only sports.

Advocates in the LGBTQ community are now calling for the Governor to veto the bill.

With little warning, the prohibition on trans women competing in women’s only sports was tagged on to a must pass charter schools bill and rushed through both chambers in a matter of hours Wednesday night.

“It caught us totally off guard,” said Representative Carlos Guillermo Smith.

Smith has been one of the most vocal opponents of the legislation.

He argues the bill is discriminatory on its face, despite the ban now only applying to high school and college athletics and the removal of language that would have allowed for challenging the biological sex of student athletes.

“Transgender kids who were playing in team sports in Florida across the state right now, will be expelled and humiliated in front of their peers. They did nothing wrong,” said Smith. “We need to support trans youth and love trans youth, not use them as political pawns.”

LGBTQ Activists held a virtual press conference Thursday, calling for the Governor to use his veto pen.

“Laws like these are intended for one thing. To legislate trans people out of existence and society. To expel us from public spaces, block our access to basic human dignities,” said Willow Leech with the Florida Coalition for Transgender Liberation.

Adding pressure on the Governor, the NCAA has promised to boycott states that implement trans athlete bans.

“It’s up to the Governor to figure out whether or not attacking trans youth is worth losing $75 million in economic activity, jobs and tournaments from NCAA here in Florida,” said Smith.

The Governor has so far been silent on the legislation.

At least one Republican Governor in North Dakota vetoed a similar bill, although others in Mississippi, Arkansas and Tennessee have been signed into law.

And even if the Governor signs the bill into law, legal challenges are all but guaranteed.

A similar law in Idaho has been put on hold by a federal court.

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Historic Police Reform Headed to Governor

April 29th, 2021 by Mike Vasilinda

The most sweeping police reform bill in decades is on its way to the Governor.

The legislation bans chokeholds in most scenarios, requires data collection on the use of force and requires independent investigations when an officer discharges their weapon or causes bodily harm.

The legislation was inspired by the death of George Floyd.

“And we should tell the world to keep watching,” said State Senator Darryl Rouson.

At its center, the legislation creates new training criteria for new officers and recertification of those on the force.

“Not even within agencies do they believe that every single officer is perfect. Training and standards can help that,” said State Senator Audrey Gibson.

But even supporters say it doesn’t go far enough.

“There’s no penalties in this bill, but it is a great step forward,” said Rouson.

“What we don’t see in here today is ending qualified immunity, banning no knock warrants, banning racial and religious profiling and creating a national database of police misconduct,” said State Senator Shevrin Jones.

The support of police agencies helped the legislation pass, including the Florida Sheriffs Association.

No GOP Senators spoke as the bill was passing, but the vote was unanimous

Afterwards, Gibson told us the data collection required in the bill would show where more work is needed.

“It will show you communities, neighborhoods, blocks, zip codes, incidents, all those kinds of things and what police response was. Did somebody die? Were they severely injured?” said Gibson.

And after a six year old was hand cuffed at her school last year for a temper tantrum, the legislation bans the arrest of children under the age of seven, except for forcible felonies.

The legislation also requires outside reviews of the use of weapons or extreme force, and requires agencies and officers to disclose if someone was under investigation when they leave an agency.

The Legislative Black Caucus met with the Governor Thursday and told us afterward they are hopeful he will sign the legislation.

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African American Cemeteries Taskforce Bill Headed to Governor

April 29th, 2021 by Mike Vasilinda

Legislation creating a task force to identify unmarked Black cemeteries and come up with plans for their restoration or relocation is on its way to the Governor.

The legislation was first introduced last year after several abandoned cemeteries were found in the Tampa area.

“Five have been discovered in my area by the archeologists over the last few years. State and Federal estimates tells us that some 3,000 of these cemeteries exist in our state. These African American cemeteries were intentionally abandoned and they are a dark remnant of a ghastly time in our state’s history,” said State Senator Janet Cruz.

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Last Minute Push for Insurance Reform at the State Capitol

April 29th, 2021 by Mike Vasilinda

Legislation reforming property insurance in Florida is in trouble at the Capitol, and Thursday a plane circled the Capitol with a message for the Governor, asking him to intervene in the legislative debate.

Lawmakers have been arguing over a formula over roof replacements, but can’t agree on what the formula should be.

There is also an effort to reduce attorneys fees in the bill, but it is also a sticking point.

It comes as most homeowners are seeing 20 to 40 percent increases this year.

Sponsors say if the issue isn’t resolved by tomorrow, lawmakers will have to come back this summer to deal with rising rates.

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Data Privacy Legislation in Limbo

April 29th, 2021 by Mike Vasilinda

Legislation giving Floridians control over their data was bouncing back and forth between the House and Senate Thursday, as time continued to run out in the legislative session.

The measure requires companies to ask for your permission to sell the data and give you a chance to opt out.

Senator Gary Farmer called it a meaningful consumer protection.

“All we’re talking about is when you get that thing that says I agree, they have to tell you what they are going to do with your information and give you a chance to opt out. That’s a good thing. That’s a good thing for consumers,” said Farmer.

Senate Sponsor Jennifer Bradley told Senators she was surprised by the depth and volume of data being sold.

“And I will tell you that the scale of this surveillance economy that’s happening on the internet now an din our e-commerce, is truly staggering. I really didn’t appreciate the scope of that surveillance until I dug into the details of this bill,” said Bradley.

The bill was approved by the Senate over the objections of Florida’s large businesses, who fear they could be sued.

The legislation says it only applies to companies who collect data on a 100,000 people or more and make 50 percent or more of their profits from selling or sharing the data.

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