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Equality Florida today called on lawmakers to abandon the so called “Don’t Say Gay” bill. It argues the legislation is overly broad and will lead to unintended consequences. 

Todd Delmay, one of the first five plaintiffs in the gay marriage law suit that legalized marriage between same sex partners told of having to have his husband adopt because gay couples were prohibited from adopting. Now he says the legislation will hurt not help kids.

“If this bill had been in force, and one of my sons classmates had said, why does Blake have two dads? The teacher would have been forced to say go home and talk to your parents about that. That isn’;t right. It would have shamed my son, and it would have made all the other students think what’s wrong with Blakes family that we can’t even discuss it at school.”

And Equality Florida says if the Don’t Say Gay Legislation becomes law, it will erase every conversation from the classroom about being gay or transgender.

Efforts to reform Florida’s alimony laws are moving quickly in the state Capitol. The legislation abolishes permanent alimony and sets up a formula based on the length of a marriage, and as Mike Vasilinda tells us, the legislation contains a clause that has sunk reform efforts in the past.

Permanent alimony would end under the legislation. It would be replaced with a formula based on the length of a marriage.

And for the first time, the change is being supported by the Family law section of the Florida Bar.

Philip Wartenberg is the Family Law Chair Elect, and told the committee “This is something the section has historically opposed, but we believe the time has come to move away from this concept of permanent alimony.”

The most controversial provision says child custody issues begin with a presumption that parents will share time equally.

“What would happen is you will have a huge hurdle, this presumption, before you even get to the 20 factors” says Wartenberg.

Before the bill was approved by the House Civil Justice Sub Committee sponsor Jenna Persons-Mulicka (R-Ft. Myers) said there was one goal.

“To insure that this leads to a better system that provides predictability. That provides certainty and fairness.”

Anna Eskamani voted no.

“When you have a fifty-fifty assumption, it can tie a judge’s hands.”

The sponsor twice refused to talk with us about the legislation.

What we would have asked is why the sponsor included the presumption that parents would share children equally. That has killed the bill in the past.

And Barbara Devane of Florida NOW told us the threat of child sharing is often used as leverage.

“To get them to agree to something that is not in their financial economic interests, or the child’s” says Devane. 

The legislation also creates an avenue for the payor of alimony to seek to lower the amount or end it altogether when someone reaches retirement age.

Under current Florida law a judge evaluates 17 to 20 factors to decide child custody. It would remain, but the fear is it will take a back seat to the 50/50 sharing provision.

State House members spent more than an hour Tuesday asking questions about alimony reform before giving the legislation tentative approval, but it was all for naught.

During divorces, kids are often become weapons with parents bargaining for more or less time in exchange for a more or less alimony.

The alimony reform legislation would have set a presumption that parents will share kids equally.

“There is a parent who is an active addict. This would presume that fifty-fifty is in the best interests of the child?” Said Representative Emily Slosberg.

“So, Absolutely not,” said House sponsor Representative Alex Rodrigues in response.

The time sharing gave rise to dozens of questions on the House Floor.

“And like in any other court case, you prove that and the judge will determine is that parent is able to care for their child or not,” said Rodrigues.

Current law outlines 17 factors judges must consider in custody awards, everything from whether there has been abuse, neglect or drug use.

“The judge will still have to abide by those seventeen to twenty factors,” said Rodrigues.

The 50/50 time sharing is not in the Senate version of the bill.

It is also what caused the reform to be vetoed the first time it passed in 2013.

The bill also caps the length of alimony to half the length of a marriage, but a last minute amendment by the sponsor increases the length for marriages lasting longer than 20 years.

“The judge may order alimony for up to seventy-five percent of the marriage rather than the fifty in the underlying bill,” said Rodrigues.

And late Tuesday afternoon, it became clear the bill could not survive the Senate Rules Committee.

Sponsor Joe Gruters pulled it for the rest of this year, saying it will be back next year.

Unclear is whether the House will spend hours debating and passing alimony reform Wednesday on the hope the legislation can be revived in the Senate.

Permanent alimony would end under legislation headed to the House floor, but it’s a provision in the bill dealing with time-sharing of children seems to be causing the most controversy.

Under the legislation, alimony payments could only last for half the length of a marriage, unless the recipient is medically needy or caring for a disabled child.

Both men and women making endless payments to their exes testified in support.

“I can barely pay this monthly alimony and I don’t see any end in sight,” said permanent alimony payer Sonia Delgado.

Tim Kruger said he can’t marry his girlfriend, because her income would be factored into his alimony and increase his payments.

“My pastor says I’m going to Hell and my attorney says don’t marry her,” said Kruger, who is also paying permanent alimony.

Opponents, mostly attorneys with the Florida Bar Family Law Section, argued the change will hurt the most vulnerable.

“That’s low income families that can’t afford attorneys,” said family law attorney Beth Luna.

But it’s another provision in the bill causing the most controversy.

During a divorce proceeding courts would start with a presumption both parents should be entitled to an equal time-share of their children.

“That’s sort of a one size fits all approach,” said Representative Ben Diamond, a Democrat.

Even some Republican lawmakers expressed hesitations.

“My parents didn’t get along and so the 50/50 child sharing would not have worked for them,” said Republican Representative Elizabeth Fetterhoff.

Similar legislation has been passed twice, but was vetoed both times by then-Governor Rick Scott.

Even though the legislation wouldn’t help those currently stuck in alimony-limbo, Delgado believes the status quo isn’t working.

“And that makes marriage in Florida seem like a liability more than a happiness,” said Delgado.

The bill now moves to the House floor and has one more committee stop in the Senate.

If passed, the changes would apply to all divorces in which a final order has not been issued prior to July 1st 2021.

Major changes to the state’s alimony law are on the table at the State Capitol.

Legislation heard Monday afternoon in a Senate Committee would end permanent alimony and set in law formulas for how much and how long a spouse would make or receive payments.

Deborah Favata-Shultz, a physician from Apollo Beach, has been paying alimony for 17 years.

“I’ve paid alimony as long as we were married,” said Shultz.

Under proposed sweeping changes, alimony would no longer be permanent, but limited to half the time of the marriage.

“I am 68 years old. I want to retire. I don’t know how I am going to do that if I have to keep paying him this money,” said Shultz.

Senate Sponsor Joe Gruters said alimony will also end at retirement.

“This doesn’t end alimony. It just ends permanent alimony. But on top of that, you still get 50 percent of all marital assets,” said Gruters.

Under current law, alimony only ends when a spouse gets remarried or a court agrees, but this legislation ends alimony if someone is getting substantial support like living with someone who is helping pay the bills.

“What happens is that they just will never remarry because it’s not in their best interests. And ultimately, it’s cheating the system,” said Rep. Anthony Rodriquez, who is sponsoring the bill in the House.

The Florida National Organization for Women has fought the changes for a decade.

“That woman will be punished for staying home and talking care of the children, while her husband is out advancing his career, and then casting her aside,” said Barbara DeVane with Florida NOW.

The legislation does make it easier for either spouse to go back to court to seek a modification, up or down.

The bill also says there is a presumption spouses will share children equally.

Similar ideas were vetoed by then Governor Rick Scott in 2013 and again in 2016.

A battle over alimony is back in front of lawmakers for the first time in three years.

Reformers are seeking to do away with permanent alimony and create guidelines that would make alimony awards more uniform across the state.

Elisa Del Ray married an abusive husband.

She finally got the courage to get a divorce when he threatened her with a gun.

“I would have never imagined that I would be paying permanently, alimony to my abuser,” said Del Ray speaking to lawmakers in a committee Thursday.

Del Ray’s case is extreme, but it’s part of the reason alimony reformers want an end to permanent alimony in the state of Florida.

“The main thing that permanent alimony payers want is to see the light at the end of the tunnel because a lot of them just have this sense of hopelessness,” said Alan Elkins with Florida Family Fairness.

Reformers are asked lawmakers during a panel discussion to limit alimony to half the length of a marriage and put in place a standard formula to calculate alimony payments to ensure consistency.

The idea has the attention of Rep. Bob Rommel.

“I do want to look at whether there’s a fair formula for the majority of cases. I know in some divorces there’s always extreme circumstances,” said Rommel.

But family law advocates say cost of living and lifestyles differ across the state.

“And when you try to put that in a box and create a formula for that it makes it very difficult to be fair to everyone,” said Andrea Reid with the Florida Bar Family Law Section.

In 2016 a bill which included guidelines for alimony payments was approved by lawmakers.

It was vetoed by then Governor Rick Scott, but now there’s a new Governor and new optimism for reformers.

No bill has been formally introduced yet, but supporters have retained two of the most powerful lobbying groups in the state capital.

One change both reformers and family law advocates do agree on is that after a person retires they should be able to stop making alimony payments.

Legal marijuana advocate John Morgan, who lead the drive for medical marijuana says he is encouraged by new polling showing 67% of likely voters would vote for full legalization in 2020.

Morgan likens the shift in public attitudes to an avalanche.

“What’s happened with marijuana is like this. It’s like Gay marriage. Once upon a time gay marriage was no, no, no, no. then one day gay marriage is okay,” said Morgan. “I say this when an avalanche happens, it not just happens. A snowflake hits. It build and builds and and as snowflake his the snow. And then theres an avalanche. That’s what’s happening with all things marijuana in America.”

As for funding the drive, Morgan said he’s keeping his checkbook closed, choosing instead to bankroll a $15 minimum wage amendment.

The case of a Duck hunter gone missing 17 years in North Florida has taken a new twist. His widow and best friend have long been suspects, and  As Mike Vasilinda tells us, the case appears to have come together after their relationship fractured.

Mike Williams loved to hunt. So when he went missing just before Christmas in 2000, it was investigated as an accident. Co-Worker Brett Ketcham. 

“We just assumed there was an accident in the lake”Ketcham told us.

Suspicions grew when no body was found. Williams was quickly declared dead, life insurance policies were cashed in.  And  within five years the widow and best friend, brian Winchester, married.

“And I know I deserve punishment” Winchester told a court in December.

The marriage unraveled completely after the best friend turned husband kidnapped Denise Williams in 2016. She asked a judge to jail him for life.

“It comes down to my life or his” she said at the time. 

Now Denise Williams has been indicted on first degree murder charges, conspiracy to murder and being an accessory after the fact.

“These are all punishable by life offenses” a judge told her during a first appearance.

She’s being held without bond. Ethan Way, her attorney, calls the charges “fiction”.

“Were gonna fight it and we’re gonna get acquitted.”

Q: “and he flipped?”

“I don’t know what he flipped. I think he made something up. There’s a  big difference because flipping and fiction.”

But Prosecutor Joh Fuchs says the defense doesn’t know what they know.

“To make comments on what the evidence is or is not is premature” Fuchs s told reporters. 

Mike Williams body was found at Lake Carr, not too far from the state Capitol, but 50 miles from where the grand jury says he was killed.

Co-worker Ketcham, says the arrest validates most people’s suspicions.

“I think we saw this day coming”

Q:It took a long time, though?”

“Absolutely.”

When asked if Brian Winchester would be indicted, Prosecutor Jon Fuchs had few words. “No comment.

Brian Winchester, the new husband is serving a 20 year sentence for kidnapping Denise Williams. This afternoon, the state opened an investigation to determine if the death was part of a scheme to fraudulently profit from his life insurance policies. More than 2 million was reportedly paid to the widow.

As Irma’s landfall becomes imminent, Mike Vasilinda tells us one of the most important things you can do is collect all your important papers and keep them safe and dry.

For most people, their home is their single biggest asset. This is what governor Rick Scott has been saying every day this week.

“Remember, we can rebuild your home, but we can not rebuild your life” say Scott.

After safety, the first thing homeowners evacuating, or staying can do, says insurance expert Fred Karlinski, is too keep important papers safe.

“Insurance papers. Life papers. Passports, marriage certificates, things like that” advises Karlinski.

Next on the list: Document the house. Inside and out.

“Insurance experts say the best thing you can do is document your belongings, then so something with the video. Don’t leave it on your phone.”

Chief Financial Officer Jimmy Patronis suggests emailing the photos or video to yourself.

“Put them in a virtual place. Who knows, you might lose your phone. The phone battery may be dead.  It may get water logged. who knows” says the CFO.

Michael Peltier with Citizens Insurance is advising customers not to sign a contract with anyone without first calling your agent or the company.

“The danger of signing something in haste is you don’t know what you are signing. You may be signing away your rights to handle your own claim, and we don’t think that’s a good idea” says the Citizen’s Spokesman.

CFO Patronis says two hundred thousand insurance adjusters are now on standby.

“They’ll create little villages, we’ll create one to go out there to help the outreach of connecting people together and filing the claims process to get them back to some normalcy” says Patronis.

In the end, everyones advice mirrors the Governor’s. Be safe first, worry about everything else later.

The President’s pick for the United States Supreme Court has so far been stonewalled by the U.S. Senate, but as Matt Galka tells us, the problem doesn’t stop in the country’s highest court…Florida has a federal judge problem, too.

Four judicial vacancies have created emergency situations in the central and southern parts of the state according to a new report from government watchdog Integrity Florida.

“Potential impacts include case delays, less time spent on cases because of higher case loads, increased administrative burdens, and increased risk of judicial burnout,” said Executive Director Ben Wilcox.

And even though many of us may not find ourselves in front of a federal judge, their impact can reach everyone.

“Well they’re extremely important, three cases in the last year and a half or two illustrate that. There was Planned Parenthood abortion decision, there was a redistricting decision, and the same sex marriage decision. All of those have sweeping impacts on the people of Florida,” said Alan Stonecipher who helped author the report.

So what do federal judges and emergency rooms have to do with each other? The writers of the report say that when either are short staffed, people can suffer.

“You can liken it to an emergency room, you have all sorts of business in there and you can run as fast as you can and give decent care to everyone, but at some point it breaks down, and you’re not able to give the best quality care to a patient, it’s similar to that for judgeships,” said Stonecipher.

The U.S. Senate has yet to act on the nominations for the vacant positions. And there are more vacancies on the way.

Three nominations were made this past April and one was made in February of last year for the vacant positions.  The report says that when cases are delayed due to vacancies, the cost gets passed on to the taxpayers.

States around the country are coming under fire for Pastor Protection legislation that critics say discriminates against the LGBT community. As Matt Galka tells us, Florida signed into law similar legislation, but equal rights groups were ok with it.

Religious freedom legislation has been prominent in state legislatures around the country in 2016.  Florida lawmakers passed the pastor protection act this year – it protects pastors from lawsuits if they refuse to marry same sex couples.

Religious leaders from around the state supporting the bill could be seen around the capitol for most of 2016’s legislative session

“It’s time for us to stand up and fight against things like same sex marriage,” said Central Florida Pastor Dexter Sanders.

Governor Rick Scott signed the bill earlier in March.  But Florida’s northern neighbor, Georgia, vetoed their version.

But LGBT rights advocates equality Florida say that the Georgia and Florida versions of the bill were very different.

Georgia received national pressure from major companies to veto their legislation. Equality Florida said Georgia’s bill went too far.

“These two bills are totally different, the state of Georgia did what we had feared might happen in Florida when they amended their Pastor Protection bill to also include businesses that serve the public, adoption agencies that would be able to discriminate against gay and transgender people. In Florida, we put a cap on that,” said Carlos Smith with the group.

Equality Florida was originally opposed to the Pastor Protection act in Florida, but were able to reach a compromise with bill sponsors that the legislation would only apply to clergy – who are already allowed to refuse to marry couples.

Legislation ending permanent alimony for divorcing couples in Floria took a giant step forward today in the State Capitol. As Mike Vasilinda tells us, efforts to make the change apply only to couples yet to marry failed.

Alimony could soon be calculated based on the number of years in a marriage multiplied by the difference between the incomes of the divorcing couple.

Sponsor Keli Stargel (R-Lakeland) says the legislation will simplify divorce.

“This approach will reduce litigation that inflicts an economic and emotional toll on the spouses and their families” Stargel told the committee.

The idea brought dozens of people to the Capitol. Many see it as an attack on wives who gave up all for children and a family. Barbara DeVane represents N.O.W. (National Organization for Women).

“If a woman says home for just a few years and takes care of children and then tries to enter the workplace, she’s out of luck” says DeVane.

But women who have been paying alimony for years longer than the  length their marriages say the change is sorely needed. Dr. Natalie Sohn is an O.B.GYN paying alimony.

“It wasn’t fair. I won’t be able to retire. I have a very high amount because they based it on my best year ever” says the doctor.

One of the most controversial provisions says 50/50 child custody is the starting place for a judge to consider. Karen Librizzi asked pointedly:

“Do you really want all our children to be raised by day care centers? Because you’re telling us all just to go to work.”

Efforts to make the new formula apply only to couples who marry after this bill takes effect, failed.

Some fear the change will lead to widespread poverty.

The legislation allows the both sides to go back to court when circumstances change. Alan Frisher, Pres. Family Law Reform has spent eight years trying to pass the legislation.

“If the recipient of alimony is making more money, why does the payer of alimony still pay that same amount” he asked.

In 2013, Rick Scott vetoed a similar bill allowing divorced couples to go back into court retroactively. Scott will celebrate his 44th wedding anniversary in April.

Lawmakers who disagree with the Supreme Courts same sex marriage ruling want to make sure churches don’t have to compromise their faith to perform same sex marriages. As Matt Galka tells us, religious supporters went to Tallahassee today to support their cause.

More than one hundred pastors and religious freedom supporters made their faith known outside of Florida’s Capitol Tuesday.

The We Stand With God Rally focused on supporting the Pastor Protection Act.  Central Florida pastor Dexter Sanders said society needed people of faith to come together.

“It’s time for us to stand up and fight against same sex marriage and abortion and government intrusion that have been tearing the country apart for many years,” he said.

The Florida House debated the bill that protects pastors from litigation for refusing to marry same sex couples while the rally was going on.  Senator Aaron Bean (R-Jacksonville) sponsors the legislation in the Senate.

“We spent a long time debating this bill and making it just right to make this bill a shield, not a sword, but a shield for pastors and religious churches to make sure they have that religious freedom in our state,” said Sen. Bean.

Opponents admit it will probably pass the Florida House, but they say it’s not needed.

Representative David Richardson (D-Miami Beach) says pastors can refuse to marry whoever they want already.

“We don’t have even one example of anyone filing a lawsuit or even suggesting that they would do that. Same sex couples want to get married by someone who supports their union,” he said.

The bill’s House sponsor said he started crafting the bill before the U.S. Supreme Court made gay marriage legal across the country.

The Pastor Protection act is expected to pass the Florida House Wednesday.