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Florida’s Commissioner of Agriculture Nikki Fried hosted a virtual press conference with local elected officials from across the state Wednesday to urge the Florida Supreme Court to take up a challenge to penalties attached to Florida’s gun regulation preemption.

Florida barred local governments from passing gun restrictions stronger than those at the state level in 1987, but in 2011 the Legislature went further and threatened local officials who violate the preemption with $5,000 fines and removal from office.

Local officials sued the state and scored a victory in circuit court, which struck down the penalties, but that decision was reversed on appeal.

Fried, who has joined the lawsuit, said with the country seeing a 34 percent increase in annual gun-deaths over the past 20 years, local governments should have the right to make decisions on how to address gun violence in their communities.

“Let our mayors and our county commissioners and our city commissioners do the job that they were elected to do. And that is to protect and defend the people of their communities. We’ve got to do more and we’re asking the Supreme Court to step up and protect the people of our state,” said Fried.

At this point, the lawsuit does not challenge the underlying 1987 preemption, only the penalties.

In the conference, local officials said those penalties create a chilling effect, making it risky to even test the boundaries of what they can do to quell gun violence.

Florida’s Emergency Operations Center has been elevated to a level one, its highest activation, as the anticipated landfall of Tropical Storm Elsa grows nearer.

Many along the Northern Gulf Coast are taking precautions.

Billy Adams of Jacksonville wasn’t taking any chances and was pulling his 37 foot boat out of the water at Keaton Beach Tuesday morning.

“Just came here to get everything battened down,” said Adams.

The Williams Family from Valdosta rents there year round.

“Some say it’s coming in. Some say it’s not,” said Judy Williams.

We asked what made them decide to pack up and leave.

“Because we’re going to have a bad surge. Three to five,” said Williams.

They had planned to go scalloping and spend the rest of the week in Taylor County.

Instead, Elsa sent them packing.

“I’ll be honest, everybody’s got a different opinion about it. We just not going to take any chances. Take it home,” said V.J. Williams.

Campground owner Spyridon Aibejeris told us not everyone is making the same call.

“Some are waiting it out. Yeah. If you can wait until the last minute, they wait until the last minute. If not, they get prepared and leave,” said Aibejeris.

When Hermine came roaring through the same area in 2016, the storm pushed nine feet of water into the RV park.

“It could be a CAT 1, like we had during Hermine. We’re worried about that,” said Taylor County Director of Emergency Operations Kristy Anderson.

Flood maps covered a table in the Taylor county EOC.

As of midday evacuations were voluntary

“We usually have our storms later in the season, and this is a really early one,” said Anderson. “Usually our peak time is October and that’s when we usually see storms of this magnitude.”

As of Tuesday morning the state had called up just ver 200 National Guard troops.

Most were pushing supplies out of the state’s Orlando warehouse.

By Wednesday afternoon, those who stayed will know if they made the right decision.

Florida family physicians are worried the new Parents Bill of Rights signed into law by the Governor may have some unintended consequences when it comes to providing on-the-spot medical care.

They fear physicians may face misdemeanor charges if they help a child without written parental consent.

Provide emergency medical care to a child and possibly face a year in prison and up to $1,000 fine – That’s the dilemma the Florida Academy of Family Physicians has said doctors now face under the Parents Bill of Rights.

“It truly is the epitome of no good deed goes unpunished,” said Academy President Dr. John Gross.

Dr. Gross said situations where young athletes get injured during a game or even suffer heat stroke are scenarios where medical professionals may find themselves thinking twice before providing care without written parental consent.

“You don’t want that in the back of your mind of, if I help this minor without the parent’s written consent, you know, am I gonna be punished for this good deed?” Said Dr. Gross.

Sponsors of the Parents Bill of Rights have maintained that all the bill really does is make it easier for parents to understand the rights they already had.

“Now we have one section where they’re easily found, easily identifiable,” said Rodrigues.

Sponsors have also pointed to the fact that parents generally have to sign consent forms prior to their children joining school athletic teams.

And under Florida’s Good Samaritan Law, civil immunity is granted to anyone who in good faith renders emergency care.

But Dr. Gross told us the Academy’s attorneys believe more clarity is needed.

“There’s a lot of grey areas,” said Dr. Gross.

The Florida Academy of Family Physicians also said they need more clarity on how minors with abusive parents may seek medical care without parental consent.

Dr. Gross added that it’s his hope the clarity will come in the form of updated legislation.

As he put it, if the issue has to be resolved in the courts that means someone got hurt.

Commissioner of Agriculture Nikki Fried announced her department had secured $93 million from the USDA to help supplement a $262 million hit endured by school districts on lost lunch revenue throughout the pandemic.

The Tuesday announcement came after Fried claimed her calls for the Governor to redirect federal COVID relief funds towards the problem went unanswered.

She said the money will help rebuild reserves and ensure the 71 percent of Florida school children receiving free and reduced lunches in the state won’t go hungry.

“So many of our children, this is the only meal that they get a day, is at their schools. So we have to do everything possible to make sure that our children are getting fed and are getting fed nutritional meals,” said Fried.

Fried said the first of the money began flowing to school districts last week and districts opting for paper checks can expect the relief cash in the coming days.

Roughly 175,000 Florida teachers and 3,600 principles can soon expect $1,000 bonuses in their mailboxes as part of a $200 million investment asked for by the Governor and passed by the Legislature this year.

For the second time in two days, a federal judge has said no, at least temporarily, to the Governor and Florida Legislature.

The latest injunction stops a new limit on contributions to petition gathering efforts.

The ACLU argued restricting contributions to petition gathering campaigns would be the end of Citizens initiatives because they could never afford to get on the ballot.

In a 17-page ruling, a Federal judge stopped the law from going forward until a final court decision.

“This is a vindication of all Floridians rights to pool their resources, band together, and amend their state constitution,” said ACLU attorney Nathan Warren.

Citing a US Supreme Court decision, Judge Alan Windsor wrote that contributions are ‘political expression’.

“You’re really looking at creating a constitution for sale,” said State Senator Dennis Baxley.

Baxley, who’s committee co-sponsored the $3,000-per-person contribution is clear in its desired effect: Making initiatives harder.

“If you’ve got the money and you can figure out the right wording, you can put it on the ballot, then you can just put it directly into the constitution. And the constitution is the defining document of the relationship between the people and their government,” said Baxley.

Since state lawmakers went home on April 30th, a dozen initiates have been filed for 2022.

Many of them have been trying to raise as much cash as possible before the limits would have kicked in.

Warren expects the case to be finalized quickly.

“This is long standing precedent. This is long standing case law here,” said Warren.

Legislation that would have raised the approval threshold from 60 percent to two thirds for a constitutional amendment failed this year.

After this ruling, it’s likely to be back again next session.

State lawmakers have been making it harder to get an amendment on the ballot ever since the 2006 election when the threshold for passage was raised from 50 to 60 percent.

Ironically, it passed with less than the 60 percent threshold it created.

A federal judge blocked Florida’s new law that takes aim at big tech just hours before it would have gone into effect.

The 57-page ruling essentially found every part of the law likely violated the first amendment.

Social media companies would have been subjected to new transparency and content moderation restrictions and could have faced civil suits and daily fines for violations under the law.

The judge said all of those requirements likely violated social media companies’ first amendment right to curate their platforms.

“This ruling was great, not only for social media platforms, but for Florida citizens who don’t have to be subjected to a host of lawful, but awful content,” said NetChoice Vice President Carl Szabo.

Governor Ron DeSantis told us last week an initial defeat was expected.

He anticipates a lengthy court battle.

“It will be appealed either way. Whatever that disposition is, one that will either vindicate what we did, or potentially give us a road map. And say, okay if you don’t like what we did, what would we need to do to tweak it?” said DeSantis.

But in this ruling at least, the judge provided little guidance for legislators to learn from, declaring not only did the entire law likely violate the constitution, but that the goal of law did not serve the public interest.

“The court’s ruling makes clear that trying to force private sector actors to be more fair in what speech they permit or do not permit in their forums is simply not a legitimate government purpose,” said Matt Schruers, President of the Computer and Communications Industry Association.

In a statement the Governor’s office said it was disappointed in the ruling and plans to immediately appeal the decision.

“Governor DeSantis continues to fight for freedom of speech and against Big Tech’s discriminatory censorship,” said DeSantis Press Secretary Christina Pushaw.

The case is now expected to head to the 11th Circuit Court of Appeals in Atlanta, from there, the Governor has speculated the fate of the law will ultimately lie in the hands of the US Supreme Court.

Florida’s new $100 billion dollar budget took effect Thursday.

It’s a ten percent increase over last year’s spending.

The state will spend about $4,600 for every man, woman and child in the state at the rate of $11.5 million an hour, every hour of every day.

Dominic Calabro of Florida TaxWatch said the spending plan is sound and somewhat surprising following the pandemic.

“We saw the GDP at the national level annualized 34 percent reduction GDP. Annualized. But Florida ultimately only had a three percent reduction. So now, our gross domestic product of Florida is actually higher today on an annualized basis than it was, you know, a year, a year and a half ago. So we’ve recovered extremely well. I think it speaks well to the fact we don’t spend money we don’t have, our constitutional checks and balances, our triple A bond rating,” said Calabro.

Just under a third of the budget will go to schools, colleges, and universities.

Heath care makes up the biggest portion of the budget, while the budget for the state courts is just seven tenths of a percent of the overall budget.

The condo collapse in South Florida has highlighted varying inspection regulations across the state.

Miami-Dade requires a 40-year inspection, but most counties do not.

Now a leading condo law firm is calling for the state to pre-empt local regulations to the state.

Attorney Pete Sachs argued without swift action from the state, sales could plummet.

“People that live in the high-rise buildings are concerned right now about their own safety. People who are thinking of buying a condominium are going to think twice, three times or more before buying in a high-rise building. If we don’t take action, we can affect a very important industry in this state,” said Sachs.

There are an estimated four million condos in Florida.

Under new legislation signed by the Governor, police officers will be better trained to de-escalate situations, agencies will no longer be allowed to investigate use of force incidents in which a firearm was intentionally discharged and someone is hurt or dies and police will be required to intervene if they observe a fellow office using extreme force.

The newly signed legislation requires what three of the four officers charged in the death of George Floyd didn’t do: Intervene to stop the knee on Floyd’s neck and to seek medical attention.

“There were protests last summer,” said State Representative Fentrice Driskell who sponsored the legislation.

Driskell called the legislation an effort to respond to the feeling expressed by many in 2020.

“We can look at 7051 and be proud that now there will be more robust and uniform basic training standards throughout the state,” said Driskell.

For the first time there will be a state database to keep track of use of force incidents that result in serious bodily injury, death or the discharge of a firearm at a person.

“And perhaps we can keep a closer eye on what’s happening at these law enforcement agencies. Identify any hot spots,” said Driskell.

There are also new efforts to keep bad cops from moving from one agency to anther.

Officers applying for a new job must disclose if they left the previous job under a cloud, and that previous agency has to be truthful when they’re contacted about a background check.

“It means something,” said Walton County Sheriff Mike Atkinson in an April committee hearing.

Atkinson, who testified for the bill, called the legislation a historic compromise

“At the end of the day, we need to know what police officers, deputies, correction officers have a history of problems elsewhere,” said Atkinson.

The legislation passed both chambers unanimously.

“You know, this bill is an excellent first step, but I think there is still so much work to do. Whether it’s in the area of body cameras, and can we get some uniformity for that statewide,” said Driskell.

The legislation also bans chokeholds except to save the life of the officer or someone else.

There’s also new training required in the proportional use of force and alternatives for de-escalating a situation, and new instruction on how to respond to someone who is mentally ill or drug addled.

The legislation also bans the arrest of anyone under seven except for a forcible felony.

Florida’s no fault auto Insurance law will not be changing, at least for another year.

Governor Ron DeSantis vetoed legislation that would have repealed no fault and replaced it with a fault based system.

The decision came down to concerns the new requirements would have raised costs on Floridians who could least afford it.

DeSantis cited concerns the no fault repeal could have had unintended consequences on the insurance market and consumers in his veto letter.

“These would have increased costs and potentially would have led to more uninsured drivers on the road,” saidLogan McFaddin with the American Property Casualty Insurance Association.

McFaddin said because the bill would have mandated a greater minimum insurance coverage, the 40 percent of drivers carrying the current minimum today would have seen a dramatic rise in cost.

“Up to $860 in their premiums a year,” said McFaddin.

But Bill Newton with the Florida Consumer Action Network argued while those with the least coverage would have paid more, the average policy holder would have seen a cost savings of $300 a year.

“They would have paid more, but they would have gotten better insurance,” said Newton.

So for now, Floridians won’t have to worry about changing policies, but you can almost guarantee the effort to repeal no fault will rear its head in the future.

The groups for and against this year’s effort to repeal the no fault law we spoke with both agreed, reform is needed.

“Bad faith reform in the no fault system. Anything addressing that meaningfully I think will reduce costs,” said McFaddin.

“The main thing with fraud is that it’s no fault. You know, that’s what you have to get rid of,” said Newton.

And until there is some effective reform passed, Floridians can likely expect to continue paying the highest premiums in the nation for full auto insurance coverage.

Under the state’s no fault law drivers must carry a minimum of $10,000 in personal injury protection coverage.

A federal judge has upheld Florida’s law prohibiting the sale of firearms to anyone under the age of 21.

Family members of the victims of the Parkland shooting, which was the impetus for the law, are thankful for the ruling.

Just about an hour after then-Governor Rick Scott signed the Marjory Stoneman Douglas High School Public Safety Act, which in part, prohibited the sale of firearms to those under the age of 21, the NRA hit the state with a lawsuit.

“I’m gonna fight for this bill. I believe it does the right thing,” said Scott in March of 2018.

Three years later, a federal judge has now ruled the law can stand.

“We’re very happy,” said Tony Montalto, President of Stand With Parkland.

Montalto’s daughter Gina was one of the 17 killed in the 2018 mass shooting.

“We need to find a balance here in America between the rights of the individual to own a weapon and the rights of individuals to come home,” said Montalto.

He said the age limit is one of many provisions in the law passed in the wake of the shooting that could have made a difference had it been in place that day.

“He sadly was an unsupervised 18 to 20-year-old who was allowed to purchase this weapon and he made a poor choice of what to do with it and it cost the lives of my beautiful daughter Gina, and 16 other wonderful souls,” said Montalto.

The judge did note some hang ups with the law, including the fact 18 to 20-year-olds can still obtain a firearm through a family member, but for those without family, the law acts as a blanket ban.

“Why should the 20-year-old single mother living on her 46 own be unable to obtain a firearm for self-defense when a 20-year-old living with their parents can easily obtain one?” Wrote walker in the 48-page ruling.

The NRA’s Marion Hammer told us the “NRA is considering its options” in a provided statement.

The organization has until July 26th to decide whether to appeal the ruling.

Florida is one of just four states that bans the sale of all firearms to those under 21.

Washington and Vermont also have an age limit of 21, but with some exceptions.

The newest and perhaps most far reaching state sales tax holiday begins on Thursday and lasts for a week.

The new Freedom Week Sales Tax Holiday is in many ways celebrating and encouraging a return to normalcy after the pandemic.

The list of things on which you won’t have to pay tax starting July 1 for a week is long and varied

“That is a first time holiday and its new to everybody, but it provides an exciting opportunity for purchasing things that get people out and about, and embrace all that is good about Florida, whether its outdoor activities, concerts,” said Scott Shalley, President of the Florida Retail Federation.

At Shell Point Beach we showed mom’s Saidy and Carly the list of tax free items

“The fishing for sure. And then the general outdoors, right? Yeah. They got boating,” said Saidy Curtin, reading the list.

“I think the legislature passed it as part of a little bit of a celebration to motivate people to get out and about,” said Shalley.

Sponsors of the legislation said it’s okay to have a little fun, and not pay tax.

“And some of us kinda came up with some ideas that were beneficial for you know, getting Florida open again. Experiencing the outdoors,” said State Representative Bobby Payne.

Freedom week is also intended to put at least some restrictions of the pandemic behind us

“We need new goggles. And coolers,” said beach-goer Kristen Bolander. “Basically saying, have some fun, go out doors and forget about COVID. I can do that.”

And a man who introduced himself to us as Captain Squirrel made it known he was already living life as if Freedom Week were already upon us.

“There’s more fish than you know what to do with!” Captain Squirrel said.

Starting Thursday, for a week, he won’t have to pay sales tax on a new rod or reel.

You can also plan ahead.

Concert and movie tickets, and even gym memberships are tax free if you purchase them during Freedom week and attend an event before the end of the year.

The state and organizations representing big tech companies laid out their arguments in federal court Thursday hoping to convince a judge to either block or allow the state’s new social media censorship law to go into effect.

The Governor is watching the case closely and has said no matter what the judge rules, the case won’t end here.

Governor Ron DeSantis described this initial phase of the legal battle as “A case of first impression.”

DeSantis hopes the judge will find social media companies have grown too large to continue business as usual.

“You cannot treat these massive companies the same way you just treat a local private company down the street,” said DeSantis.

But on the other hand, social media giants argue the new law violates their first amendment rights by limiting their ability to police content on their platforms.

“This is not a case of first impressions. I mean we have a whole litany of cases that make crystal clear governments cannot force private businesses to say things they don’t want to say,” said Carl Szabo, Vice President of NetChoice.

Understanding federal law limits state authority to regulate social media companies, lawmakers attempted to leverage control where they could.

“With basically [the] Unfair and Deceptive Trade Practices Act. There’s also transparency provisions,” said DeSantis.

But tech giants argue the creative legal strategy doesn’t circumvent the constitutional issue at the heart of the case.

“Not only is this not a monopoly, even if it were, the state would still lose,” said Szabo.

DeSantis acknowledged the possibility of losing this first battle, but said the war is far from over.

“These are huge, huge issues about our society, and about how much power should a handful of companies be able to wield with really no accountability whatsoever,” said DeSantis.

A ruling is expected before Thursday, when the law is slated to take effect.

Even if the state ultimately loses, DeSantis said he’s hopeful rulings throughout the legal battle will provide state lawmakers with a road map to tweak the law in the future in a way where it passes constitutional muster.

After July first a big change is coming to online ordering in Florida.

Up until now, Floridians were required by law to voluntarily submit the tax if it was not collected by the merchant, but a new law will require out-of-state retailers to collect the tax.

https://youtu.be/IHMisInhetw

Collecting the sales tax from online purchases has been hap hazard at best in Florida.

Companies with a physical presence collected it, while others have not.

“There are people who have exploited the law,” said Scott Shalley, President of the Florida Retail Federation.

It’s been a thorn in the side of Florida retailers.

“They are buying large purchase of electronics, large purchases of furniture and those sorts of things. And those folks should notice. It’s a tax that was due and its a tax that needs to be paid,” said Shalley.

Retailers have been trying to get the tax fully collected for over a decade.

Beginning Thursday, the quest will be over.

“Local retailers are feeling a little relief, knowing they can compete on a level playing field,” said Shalley.

Once signed into law, criticism from gubernatorial-hopeful and current Florida Commissioner of Agriculture Nikki Fried was swift.

“This Governor and his legislature raised your taxes by over a billion dollars,” said Fried.

However, the tax was already owed under state law.

Consumers were supposed to fill out a form and send in what they owe every three months, but few did.

The AFL-CIO supported the collection, until lawmakers decided to use the money to offset what could have been huge increases for unemployment taxes for businesses.

“Working families are going to be paying more in taxes and they get absolutely nothing for it. It doesn’t help their schools. It doesn’t provide health care,” said Rich Templin with the Florida AFL-CIO.

Lawmakers have justified the offset, arguing without it there would be fewer jobs.

The legislation also grants amnesty to the millions of Floridians who never filled out the form and paid the tax in the first place.

Florida has been one of only two states with a sales tax that has been leaving the money, to the tune of a billion dollars a year, uncollected.

Missouri remains the other.