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Civil rights restoration becoming less common

December 17th, 2014 by Mike Vasilinda

Fifty or so black shirted protestors showed up the quarterly Clemency Board meeting, angry over what some call the most restrictive clemency system in the nation.

“I deny a full pardon” is said more often than not by the Governor.

Over four years, those getting their rights back has fallen from 30 thousand to under a thousand last year, so hearing the words

”move to grant restoration of civil rights” is rare.

Applicants must wait at least 5 years before even applying.

A single speeding ticket can disqualify someone.

“I’d never been in trouble.”

Lashanna Tyson says after a decade of clean living she is still being hampered by not having her right to vote.

“Even though I’m out here, I still feel incarcerated. I still feel incarcerated, and that’s a hurtful feeling says Tyson.”

Now, a coalition known as Floridians for a Fair Democracy is circulating petitions for a 2016 ballot initiative. It would automatically restore voting rights upon the completion of a sentence. Civil Rights lawyer Mark Schlakman has been advising the group.

“And this is about reentering society after the sentence is complete, and regaining the responsibilities of citizenship.”

One average, one in three people released by the Department of Corrections end up committing a new crime. But when civil rights are restored, the number drops to one in nine.

The recidivism figure comes from the Clemency Boards own investigative arm. The study has done nothing to sway policy makers from their get tough stance.

 

 

 

 

 

 

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Marijuana Confusion

December 15th, 2014 by flanews

Thousands of people in Florida are still waiting for a low-THC medical marijuana law to be put into place. As Matt Galka tells us, federal intervention could make things a little more complicated going forward.

More than 220 days have gone by since Florida lawmakers passed a law allowing low-THC forms of medical marijuana.

A framework for implementing that law is still not in place. The Department of Health had until Monday to appeal a judge’s order to rewrite the rules.  Medical marijuana advocate Taylor Biehl is hopeful something is in place soon.

“Our guess is that they will not appeal, and they will continue to work on the legal guidelines for the rule in the coming weeks,” said Biehl.

The best scenario for low-THC medical marijuana in the state is that rules will be ironed out and in place in about two months. A new guideline from the feds could cause more confusion, however.  Sovereign Indian nations, including ones in Florida, will now be allowed to grow marijuana on their land.

Barney Bishop, who worked with a group to keep broad based medical marijuana laws out of the state’s constitution, says if that happens for tribes, the state needs to address it.

“I think that will be something, as we work thorugh some medical marijuana and low-THC legislation for this coming session, we’ll take a look at this issue, because obviously that would be one that would have an impact on how much is going to be available,” said Bishop.

Biehl says the pot business as a bargaining chip for a gambling deal.

“I certainly think this gives juice to tribe with regards to compact negotiations,” he said.

The state is in the middle of trying to renew a deal with the Seminole tribe for blackjack and other card games. According to a Seminole tribe spokesman, marijuana is not being considered at this time.

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Christmas Displays Anything But Christian

December 15th, 2014 by Mike Vasilinda

Tis the season to be celebrating, but for the second year in a row, a nativity scene has sparked an array of non christian displays in the rotunda of the State Capitol, and coming soon is a display officials called “grossly offensive” last year.

With children from a religious school singing within earshot of the Governor’s office, Pam Olson of the Florida Prayer network says it is time to put  Christ back in Christmas.

“And his love is the answer.”

Q: “to violence”

“To everything. To Violence in our world, to the shootings” says Olson.

This is the second year baby Jesus and the nativity scene were displayed, allowed under rules that declare the Capitol Rotunda a public forum.

So for the second year, Chaz Stevens, a Deerfield beach software developer has created a “Festivus Pole” denoting a fictional holiday from the TV sitcom Seinfeld. “There’s a manger over there right? We’re in a government building. Kinda crazy isn’t it. Why do we have a manger in a government building?”

The 14 stacked beer cans replace a display from the Church of the Flying Spaghetti Monster and a banner from the Freedom from Religion Committee.

Gary Whittenberger from Freedom From Religion says their display was all about “Separation of church and state. That’s what we support.”

Each display is allowed a week. Coming next week,  a second manger scene. And this, a display from the Satanic temple.

Last year the state said no to the Satanic display, calling it “grossly offensive”  John Porgal is a member of the Satanic Temple of Florida and says their organizer “was refused this year as well, and when he presented lawyers, they decided to change their mind.”

So in the end, each of the displays has it’s own ways of saying

Children singing “:We wish you a merry christmas and a Happy New Year”.

The American Civil Liberties Union says that when government allows one group to speak, it must allow all groups to speak, not matter how much it does not like their message.

 

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Environmentalists Fear Loss of Amendment 1 Money

December 12th, 2014 by Mike Vasilinda

One point three million more voters said yes to buying land for conservation than voted for Rick Scott his past November. Amendment one will set aside millions of dollars a year for conservation, but there is a growing fear among environmentalists that voters wishes will be thwarted.

Voters mandated that one of every three dollars raised from taxing real estate transactions go to conserving land. But the election was barely official when the Senate President Andy Gardiner started questioning how the money might be spent.

“That 33 percent is coming from somewhere” gardiner told reporters.

“Water is my number one issue: says House Speaker Steve Cristifulli. He’s floated the idea of using some of the money to fix leaking water pipes for cities.

Both remarks set off fire bells for environmentalists.

Then this past week, Governor Rick Scott was the lone no vote on a land purchase. Scott wanted to offer just ninety percent of the lowest appraised value. “I think we can do a better job for the taxpayers of the state” says Scott.

Now the fear is that the low-balling willing sellers will send them into the arms of developers says Julie Waithmell of Audubon Florida.

Q:”The Governor did not want to pay appraised value. .Do you think that is a problem in the future?”

“It could be. I mean, we’ll see. It remains to be seen. Once the funding becomes available then we are hoping we will see more projects coming forward too.”

University of Florida environmental researcher Dr. Peter Frederick spent his last day on a little known board that will set priorities for land purchases under amendment one.

“I really don’t think that there’s anything in what we saw as voters that would lead you to use it for other purposes” Frederick told us. We asked:“Including leaky water pipes in some big cities?” He laughed and said ”that’s right”.

Environmentalists remain skeptical. Their watchword is straight out of Harry Potter novel. Ever vigilant.

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Florida 2nd in school shootings since Newtown

December 11th, 2014 by Mike Vasilinda

Saturday is the second anniversary of the deaths of 20 students and six teachers at Sandy Hook elementary in Newtown Conn. A new report says Nationwide, there have been 95 shootings on schools since Sandy Hook, and as Mike Vasilinda tells us, 8 of them have been here in Florida.

 

The report from gun control group Everytown,says Florida’s 8 school shootings since Sandy Hook, ranked the state second in the nation, behind only Georgia with 10.

The shooting at FSU has revived legislative efforts to allow licensed students and faculty to carry concealed weapons on campus. The NRA ‘s Marion Hammer says the Constitution doesn’t exclude college campuses from the right to bear arms. “And we have a very strong constitutional right to self defense. Both rights are being denied if you set foot on a college campus.”

The idea for concealed carry on campuses was first floated in 2011. FSU Police Chief David Perry says concealed carry could create chaos at crime scenes. “The dilemma it places our officers in, having to determine who is our aggressor, who is our assailant, and who are people trying to help. So it’s not the appropriate environment for additional weapons.”

Not only are University police chiefs opposed to faculty and staff carrying concealed weapons, they’d like to get rid of a current provision that allows guns inside cars on campus.

4 people died in the eight Florida school campus shootings. One was a suicide. Police shot and killed the assailant in the FSU library shooting.

When FSU’s new President was a member of the Legislature in 2011, he supported concealed carry on campuses until a constituents daughter died in a gun accident at FSU. Former State Senator and current FSU President John Thrasher declined to be interviewed for this story.

 

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Clemency Hearings Bring out the Best and Worst

December 10th, 2014 by Mike Vasilinda

Four times a year, Governor Rick Scott and the elected Cabinet hear from dozens of people convicted of crimes who want their rights restored. Today was one such day, and  the cases range from people serving life to those who slapped their girlfriends.

In 2003, then 21 year old Ryan Holle lent his car to a friend who he knew was going to rob a pot dealer. An 18 year old in the house ended up dead. Offered a ten year plea deal, Ryan refused. He got life without parole under the states felony murder rule.

Nearly 12 years later His family came to plea for mercy. Aunt  Peggy Reunnels told the board “He regrets it everyday.”

But the family of then 18 year old Jennifer Snyder also came, wanting to keep Ryan right where he is.  Surviving sister Marcy Snyder is still grieving. “I still fell the pain and lonelyness without her.”

The case was the most dramatic of more than 80 on the schedule. A decision was delayed.  The rest who came are like Russel Sweet, mostly normal folks who made a mistake. “My life is totally different” said Sweet just before having his rights restored.

David Rios argued slapping his girlfriend was all a big mistake. When pushed about the incident he responded: “No,, no, no, I did not attack her. She beat me with a two by four.”

Pharmacist Burton Sloss traded pills for pot. He cam to clear his reputation. “So that my children, specifically my son, would not have a history behind him of mistakes that I have made” says the Melbourne man. 14 speeding tickets did him in. His pardon was denied.

81 year old DL Barney stole a water pump in the 1950‘s. His years of clean living paid off in in full pardon. We asked, “It must feel good?

“Oh, I feel twenty years younger. You don’t know how much weight that took off my shoulders” said the newly pardoned man with a chuckle in his voice.

Applicants must wait at least five years after a crime before asking for mercy.

Florida is considered one of the most restrictive states when it comes to restoring the right to vote or own a gun. Full pardons are even more rare.

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Silent Protestors Seek Clemency Reform

December 10th, 2014 by Mike Vasilinda

Thousand of people leave Florida prisons every year, but only 500 or fewer cases a year come before the state clemency board. Just 81 cases were on today’s agenda, but  today also saw a protest over the process Florida uses to restore rights.

As the hearing was in progress several dozen black shirted silent  protestors arrived. They are part of a growing movement that believes once someone has done the time, rights should be restored automatically.

Lashanna Tyson of Faith in Florida led the effort. She served ten years for what she called being in the wrong place at the wrong time and has not had her rights restored.

“If you can’t get a job when you come home, you don’t have nothing. What do you have to do if you can’t get in college, if you can’t get in school or anywhere to stay, what else is there for you to do. They want people to go back, and we want to empower people that you don;’t have to accept that.”

Florida has had an on again, off again practice of automatically restoring rights. When the Governor and Cabinet were elected in 2011, the first thing they did was abolish the automatic restoration of civil rights.

 

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Gun Business, Gun Bills Headline Busy Week

December 10th, 2014 by flanews

2015 is shaping up to be another year where gun issues will be on the front burner.  Matt Galka tells us that new legislation filed to allow firearms on campus as well as good news for the gun business is heating up the conversation as we head into the new year.

Gun shoppers took advantage of deals on the Day after Thanksgiving this year.  Florida Department of Law Enforcement Commissioner Gerald Bailey said it was the busiest Black Friday on record.

“It was actually the third busiest day on record. The first two were December 20 and 21 in 2012 following the Sandy Hook shooting,” said Bailey.

There are about 14,000 background checks in a typical week. There were about 23000 during Thanksgiving according to Bailey.

The boom came right after a shooting on Florida State University’s campus that left three people injured and a gunman dead.  Changes could be on the horizon for student gun owners as well.

A window remains boarded up and has one of the names of the victims from last month’s shooting at Florida State’s Strozier library written on it. Just this week, a bill was filed that would allow concealed carry on campuses.

Marion Hammer with the National Rifle Association says they support the bill, and FSU’s shooting is a reason why.

“There was only one person, at that scene, with a firearm and he happened to be a bad guy that was breaking the law.  So the gun free zone, or the ban of having a firearm on campus, doesn’t stop a bad guy,” said Hammer.

Florida leads the nation in concealed carry permits and went over the one million mark two years ago.

A similar proposal in Florida’s legislature had momentum in 2011 and had a good chance of passing, until Florida State’s current president John Thrasher helped shut the guns on campus bill down in the Senate.

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Bondi Mum on Gay Marriage

December 9th, 2014 by flanews

Will Florida’s Attorney General continue to fight same sex marriage? As Matt Galka tells us, with a date set for gay marriage licenses to be handed out, that question remains unanswered.

If Florida’s Attorney General has an opinion on gay marriage licenses being handed out January 6th, she’s not saying yet.

“We’re reviewing the ruling,” said Pam Bondi after the cabinet meeting on Tuesday.

Bondi has fought to keep the ban in place because she says she needs to honor the state’s constitution. We pressed her on her answer following Tuesday’s meeting. She told us two more times they were reviewing the ruling.

A federal ruling that would overturn the ban statewide was handed down in August but a stay was placed on it until January.  Bondi had asked for an extension on the stay which wasn’t granted.

County clerks are trying to figure out if they can even hand the licenses out. Clerks of court were told over the summer that only clerks in counties that have had the ban overturned would be allowed to grant licenses. That was before a statewide ruling was made.

The American Civil Liberties Union helped file the federal lawsuit that threw out the gay marriage ban.

“They can’t enforce a law that’s unconstitutional,” said Baylor Johnson with ACLU.

In a statement, a spokesman for the Florida Association of Court Clerks told us “they just want to make sure they’re following the law.” Barring a last minute change, same sex couples can start getting their marriage licenses on January 6th.

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Gambling Deal in Limbo

December 9th, 2014 by Mike Vasilinda

The state’s deal to allow black jack, poker and other card games with the Seminole Tribe runs out in July. Efforts to renew the deal may be stymied by new leaders in the state Legislature.

The Seminole Tribe pays the state 12 and a half million dollars a month plus a percentage of the profits. The tribe hit its billion dollar guarantee last month…nearly eight months early.

But trouble could be on the horizon. The deal for card games runs out in July. Now, Andy Gardiner, the new Senate President is raising questions about the deals future.

“It’s important for everyone to understand that if the state decides to go in a different direction than that compact would allow, then we gonna let the members figure that out.”

Any new deal must be approved by the US Department of Interior.  Barry Richard, the tribes lawyer thinks jeopardizing the deal is bad business., “The only question this year is whether the provision for the card games, like blackjack will be extended. It just doesn’t make any sense not to extend it. It’s creating a lot of money for both the state and the tribe.”

Rick Scott floated a renewal deal last May that didn’t materialize. For now, the Governor’s not tipping his hand.

“I’m going to take the right amount of time to make sure I get the right transaction for the state of Florida” says Scott. We asked if he thinks the state will get a better deal thhan what it has now?

“I’m going to take the right amount of time to do the best job for the state” responded Scott.

While the card compact runs out in July, the slots deal is good for thirty years.

But all of the money from the Seminole Tribe would go away if the state authorizes big time resort casinos being pushed for South Florida.

Getting a better deal from the Tribe could prove elusive. The state would have to grant greater exclusivity, which has value, or expanded locations to new tribal lands, otherwise the same deal for greater payments to the state would likely not pass Federal muster.

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The Flying Spaghetti Monster is Back

December 8th, 2014 by Mike Vasilinda

Last year, state officials allowed Florida Prayer Network to display a nativity scene in the Capitol Rotunda. Soon thereafter, other groups began demanding space, and so far this year t5 displays have been approved. The first two are up now. They include a Pastafarian Holiday display from the Church of the Flying Spaghetti Monster , and a display from the Freedom from Religion Foundation, calling the season the Winter Solstice with a banner proclaiming that freedom of religion also means freedom from religion. The Nativity scene will be back as will a display from the Satanic Temple that was declared “grossly offensive last year.” ACLU spokesman Baylor Johnson says “If the state declares anything a public forum – it no longer gets to pick and choose what speech is allowed in that forum.”

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Confederate License Plate May Return

December 8th, 2014 by Mike Vasilinda

Is the license plate on the back of your car a form of free speech, and if so…who controls it? The U-S Supreme Court is set to decide the question, and there are Florida ties to the case going back to a 2009 effort to create a Confederate license plate.

Florida has more than a hundred speciality plates. A Son’s of the Confederacy plate is not one of them. But it could have been. In 2009, organizers collected thousands of signatures and put up a sixty thousand dollar deposit, both requirements of the law. But lawmakers never gave the plate idea  a hearing. Bob Hurst was the organizations Lt. Commander at the time.

“I mean, you earn money off them. At the time we had probably 25 or 30 thousand people who indicated to us they would buy our plates before we even issued them” says Hurst.

It was African American lawmakers who killed the confederate plate. But now the plate  could be back. The U-S Supreme Court has agreed to hear Texas’s refusal to allow the plate, framing it as a free speech issue.

A Confederate flag flew over the state Capitol here in Tallahassee until 2001. A Confederate soldier still graces the state seal in the Capitol Rotunda.”

At Florida A&M University we got mixed reaction. Student Taylor Jones wasn’t happy. “I probably would feel very uncomfortable with that. I wouldn’t really agree with it. I mean, it’s up to the state. I hope that it doesn’t happen at all;”

But Actuarial Science student Stratton Thompson took it in stride “I guess it would be an example of freedom of speech.”

The Choose Life license plate is also on the high courts agenda…because Pro Choice forces were denied a Respect Choice plate.

The ACLU has been instrumental in suits in other states. Baylor Johnson of ACLU Florida issued a statement today, saying “States have a choice when it comes to license plates: either produce only plates that express no position, or allow all messages to be represented, so that those who disagree with or find offensive certain plates can demand their own.” The U-S Supreme Court will hear arguments in late March.

 

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‘A Healthy Florida Works’ Plans to Expand Medicaid

December 8th, 2014 by flanews

Around 1 million people in the state are left out when it comes to healthcare coverage. As Matt Galka tells us, there are plenty of backers pushing a new effort that would tap in to federal money.

Medicaid expansion has failed to take off in Florida since it first became available in 2012.  Republican lawmakers have opposed federal money and have tried to distance themselves from the President’s Affordable Care Act. 2015 could be a different story.

A Healthy Florida Works is trying to provide an alternative that sways conservatives.  The plan would tap into the 5 billion dollars a year of federal money currently available which could help cover 1 million Floridians.

The compromise is that it would require monthly premiums to be paid as well as mandate recipients search for work or job training. Multiple business groups are backing it. Damien Filer with Progress Florida says the bottom line is people without coverage need it .

“I think there are a lot of different ways that we can get there, the important thing is that we’re taking a first step and this is a very meaningful one, so I think this is very encouraging that this is happening,” said Filer.

Even though there’s plenty of momentum behind the program, lawmakers here just last month didn’t sound as optimistic. New Florida House Speaker Steve Crisafulli seemed to indicate his chamber wouldn’t change their ways.

“We believe, we stand firm, where we believe we are right now and that’s without expansion,” he said.

But there’s still plenty of time to change minds between now and March…when 2015’s legislative session will start.

27 states have accepted expansion money from the government.  Only four other states have done so with a separate plan form the Affordable Care Act and Florida could become the fifth.

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911 Delays

December 5th, 2014 by flanews

Did dispatchers in Florida’s capital handle Florida State’s shooting in the most efficient way? As Matt Galka tells us, that shooting and another one two days later has people asking questions about safety.

9-1-1 calls from November 20th painted a frightening picture for students inside Strozier library.

A gunman was shot and killed in the early morning hours outside of the library after he injured three people.  Campus and city police were able to respond promptly.  But some students called 9-1-1 panicing and had to wait almost 30 seconds before being transferred to FSU PD. Dispatch Agency director Tim Lee said the policies could be changed.

“I believe that there’s efficiencies that need to be looked at and reviewed.  If we become complacement in the fact that we are looking for enhancements, then we shouldn’t be in the position we’re in,” said Lee.

City and county officials agreed that there would be discussions about changes to the way the system works with FSU.

Two days after the Florida State shooting, a Leon County deputy was ambushed and killed when responding to a house fire.  A report was then commissioned.

Deputy Chris Smith was killed by a man known to have made a threat to shoot any law enforcement that came to his house just two weeks earlier. Human error may have cost him his life.  Three tenured dispatchers were laid off because of the incident.

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Gay Marriage Next Month?

December 4th, 2014 by flanews

Will Florida join a majority of states in the country and recognize gay marriage? As Matt Galka tells us, it looks like that answer will be yes starting in January.

Voters approved a gay marriage ban in 2008. A constitutional amendment was approved that defined traditional marriage being between a man and a woman. That could be coming to an end next month. A federal appeals court declined to extend a stay on the ban.

Jim VanRiper and Equality Florida have been fighting for the ban to be overturned for years. The ruling says a stay on the ban will be lifted at the end of the day on January 5th.

“It’s been a long time coming and we’re excited to see this day drop,” he said.

The original federal ruling overturning the ban came down in August. A stay was put on to allow an appeal.   The State’s Attorney General could still factor into the decision

Officials from Attorney General Pam Bondi’s office said they are reviewing the ruling.  Bondi had asked for an extension of the stay.

“Well I guess nothing is definite until it’s done, but it would take the Supreme Court, the U.S. Supreme Court implementing a stay of their own, and that’s highly unlikely. It hasn’t happened in similar situations,’ said VanRiper.

Licenses could start to be granted on January 6th, the same day as Governor Rick Scott’s inauguration. If the marriage licenses are handed out next month, Florida will become the 36th state plus Washington, D.C. to allow same-sex marriage.

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