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Back to School Sales Tax Holiday Shrinking

March 4th, 2016 by Mike Vasilinda

Florida’s sometimes annual back to school sales tax holiday is shrinking this year. From ten days down to three, and from items under a hundred dollars to just sixty dollars. Computers were included last year. this year they are not. Negotiator Representative Matt Gaetz says the reduction is necessary to shift some of the money to property tax breaks.

“So, the lions share of the legislatures tax cut package this year will to property taxes, and because we are such a commitment to cut property taxes, we’re going to move to a three day tax holiday.”

Q: So really its a trade off, I get it one way or the other?”

“correct”

Overall, this years tax break package will total more than 4 hundred million dollars.

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Forfeiture Legislation Moves Forward in Senate

March 3rd, 2016 by Mike Vasilinda

State lawmakers today gave tentative approval to legislation reigning in law enforcement when it comes to seizing property. each year, tens of millions of dollars in cash, cars, and other property are seized in what police describe as “suspicious” circumstances. The legislation would require police arrest you before they can take your property. Sponsor Jeff Brandes of St. Petersburg says his bill also requires a conviction before police can keep what they seized.

“As I talk to people around the state, they are shocked to learn currently you don’t have too be arrested to have your property seized from you. they are amazed we have gone this long in Florida’s history with that on the books. This fixes that provision, This highlights that property rights exist, and that the legislature is willing to step up and protect them.”

In the case of a car, the legislation also requires police to keep the item in good condition or be responsible for damages if it is returned to you.

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Abortion Restrictions Pass House

March 3rd, 2016 by flanews

A bill that hits abortion clinics with new rules and would defund Planned Parenthood cleared the Florida House Thursday. As Matt Galka tells us, opponents are worried women’s health will suffer because of it.

The Florida House argued about abortion for more than an hour and a half Thursday. Representative Colleen Burton’s (R-Lakeland) bill makes sweeping changes to abortion clinic regulations in the state.

“I ask you to support this good bill, the work of many people who care about women in Florida. Who care the health of Floridians, who believe in life,” she said on the House floor.

Changes include how clinics are licensed and inspected. The bill also defunds clinics that perform abortions. Opponents argued the the bill is an attack on Planned Parenthood.

Missy Wesolowski with Planned Parenthood is worried it could force clinics to close.

“These funds are not about abortion. It’s about preventive healthcare services. STDs testing and treatment and cancer screenings,” she said.

Another section of the bill puts into writing that fetal organ sales and donations are prohibited. It still needs to be approved by the Senate.

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Rape Kit Legislation Heading to Governor’s Desk

March 2nd, 2016 by flanews

Thousands of untested sexual assault kits sit on shelves in police departments across the state – and advocates say the untested kits could mean rapists are walking free. As Matt Galka tells us, Florida’s legislature took a big step in ending the rape kit backlog Wednesday.

A Florida Deaprtment of Law Enforcement study found that more than 13 thousand rape kits sat untested in the state. Lawmakers scrambled this year to find a legislative fix for the backlog.

The state is only the Governor’s signature away from setting new guidelines for testing sexual assault evidence.  House sponsor Janet Adkins says her bill can help get felons off the street.

“How did that happen that we have so many evidence kits sitting on shelves and these victims have not received justice,” said Rep. Adkins (R-Fernandina Beach).

Part of the problem was funding.  The legislature’s earmakred more than two million dollars so far to deal with the untested kits.

“We want to make sure that sexual assault kits arriving at FDLE are also timely tested, so I think the plan that we’ve developed is fully funded and addresses the issue 100 percent,” said Sen. Joe Negron (R-Stuart). Negron was the vice chair of the criminal justice budget conference.

Lawmakers hope the additional funding can help clear the backlog in three years or maybe even sooner.

“The original estimate was eight or nine years and that was unacceptable,” said Senate sponsor Lizbeth Benacquisto (R-Fort Myers).

FDLE’s plan estimated clearing the backlog would cost around $8 million dollars. That included money for pay raises and equipment.  Clearing the backlog and securing proper funding to do it is one of the Attorney General’s top priorities.

“We fully support it but in the long run we need to hire more analysts, pay them competitive salaries with other states, and ultimately we need to build another lab to test this DNA,” said Pam Bondi.

The funding will help the FDLE outsource some of the testing work in order to get it done quicker.

The bill requires law enforcement to submit kits for testing within 30 days and for labs to test the kits within 120 days.

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Senate Votes for 10-2 Death Jury

March 2nd, 2016 by Mike Vasilinda

Florida is one step closer to having a death penalty on the books once again. The US Supreme Court told lawmakers in January it wanted more jury involvement in the decision to impose death. Now as Mike Vasilinda tells us, lawmakers are responding with legislation likely to be challenged.

New death penalty legislation requires a unanimous jury to agree on at least one factor that is so heinous or cruel that it makes a crime eligible for a death. Sen. Greg Evers read from the US Supreme Court decision.

“A defendant has the right to have a jury, not th judge, find the fact necessary to impose a sentence of death” read the Senate Criminal Justice Chair.

But the Senate was closely divided on whether after the first vote, a ten-two jury recommendation was enough, or if a jury should be unanimous in a recommendation for death.

Sen. Darren Soto (D-Orlando) says a unanimous jury leaves no doubts.

“There should be no doubt among any of the jurors is that this is the right thing to do” says Soto.

Supporters of the 10-2 recommendation say the decision was a compromise with the House, which wants a 9-3 vote.

“If we do not come to an agreement and fix this, then there will be justice delayed for victims and victims families” said Sen. rob Bradley, who helped work out the compromise.

State Senator Geraldine Thomson, whose husband is a retired judge, says the compromise is a mistake.

“Judges are uncertain in regard to what the jury really decided. And with a unanimous verdict, they know without question that this is the will of the jury” says Thompson.

Prosecutors pushed hard for the ten-two recommendation. Had it not been for that pressure, the Senate likely would have gone with a unanimous verdict.

Bill Cervone is the State Attorney in Gainesville (8th Circuit)

“The fundamental problem prosecutors have is giving the opportunity for one or two jurors to highjack the entire process” says Cervone.

Only Alabama and Delaware require less than a unanimous jury in a death case.

The legislation does not speak to the fate of the men and women already on death row. Attorneys are arguing that all 389 should receive life sentences. Prosecutors believe only those inmates who appeals are not finished are likely to have their sentence reduced to life.

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Scott Unhappy with Enterprise Florida Lack of Cash

March 2nd, 2016 by Mike Vasilinda

Governor Rick Scott’s top two priorities this legislative session have been a billion dollar tax cut and the creation of a 250 million dollar fund to lure new businesses. As lawmakers finish spending plans, Scott is getting about 400 million in tax cuts and nothing for new industries. Scott said today he is still working with lawmakers on the tax cuts, but conceded the economic development cash is likely dead.

“We have about 277 projects right now at enterprise Florida. It would be about 50 thousand jobs if we got all those. Now, unfortunately, those are all going to go away. that’s too bad because there will be individuals who will not have a job because of this decision” said Scott.

Scott has the final word on the budget with his veto pen. Last year he vetoed 461 million dollars in legislative projects.

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Seminole Compact in Limbo. Rick Scott says he did his Job

March 2nd, 2016 by Mike Vasilinda

9 days remain in the legislative session and agreement on a new gambling compact with the Seminole Tribe is no closer now that it was 8 weeks ago when the session began. Gambling interests have tied expanded card rooms and slot machines for dog and horse tracks to the Seminole deal. Today, Governor Rick Scott, who negotiated the deal with the Tribe says legislative inaction could cost thousands of jobs.

“it’s good for the citizens of our state, but it’s up to the legislature to make their decision on what they want to do. Now, ,according to the Seminoles, if the compact is not passed, thirty-seven hundred people are going to lose their job. But that’s the opportunity  the legislature has to make a decision” says Scott.

The new gaming d

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Will Rick Scott Endorse in the Presidential Primary?

March 2nd, 2016 by Mike Vasilinda

Governor Rick Scott isn’t wading into an endorsement just yet in the GOP Primary for President. Early voting has already begun for the March 15th Presidential Preference Primary. Scott is widely believed to be planning on a Donald Trump endorsement, but at the Capitol today, Scott outlined his criteria but did not name a candidate.

“We need somebody who will say I have a plan to add twelve million jobs. I have a plan to reduce the deficit.I have a plan to eliminate ISIS. that’s what I’m looking for.”

q:” Would you support the Republican nominee, regardless of who it is?”

A:”I will support the Republican nominee” says Scott.

Scott’s concession that he would support whomever republicans nominate is a major step forward for whomever the GOP nominates.

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Uber Ups and Downs

March 2nd, 2016 by Mike Vasilinda

Legislation outlining insurance requirements and background check requirement for ride sharing drivers such as Uber have run into problems at the State Capitol. Uber is blaming Senate President Andy Gardiner for holding up legislation because of ties to taxi interests. Today, Governor Rick Scott waded into the muddy waters or ride sharing.

“I don’t believe the government should be picking winners and losers. Ah, I think that we ought to make sure that anybody who wants to provide a great product to our state, that keeps our citizens safe, they ought to be able to provide that produced or service” says Scott.

Scott did not say ifs he is pressuring one side or the other. 9 days remain in the legislative process and resurrecting ride sharing legislation is still possible.

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Gambling on Hold

March 1st, 2016 by Mike Vasilinda

Two bills dealing with gambling were pulled from the agenda of a powerful state senate committee today over disagreement about expanding gambling. Under one bill, slot machines would have been authorized in six counties that have voted yes, causing other parimutuels to seek expanded gambling. Senate Appropriations Chairman Tom Lee says he pulled the bills because there is no agreement with the House.

“House and Senate are a long way apart. They’re  is a wealth redistribution bill I call it that travels along with the compact. Sort of a ransom for the passage of a compact, and in order to get that bill off the floor, we have to swallow a radical expansion of gaming. there’s lot of members who are uncomfortable with that” says Lee.

The bills could be back before the committee on Thursday, but that would take some agreement with the House, which doesn’t seem likely soon.

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“Zombie Fracking Bill” Likely to Die

March 1st, 2016 by Mike Vasilinda

Fracking opponent s can breathe a sigh of relief tonight. Legislation prohibiting local governments from banning fracking died on a 10 to 9 vote last week in a state Senate committee, but was kept alive on a procedural move. Today, the sponsor acknowledged he couldn’t change votes in his favor, likely killing the bill for 2016. Opponent Merrillee Malwitz-Jipson called it the zombie bill because it kept coming back to life.

“I think oil and extortion in the state of Florida isn’t viable. I think we rely so much on our water for our whole economy, and if it gets tainted or polluted, if it gets impacted from this type of process, we will all feel the ramifications. Certainly, after the BP oil spill, we saw what that felt like. We don;t want to see anything that could have those types of dire consequences our water or in our Floridian aquifer” says the Canoeing business owner.

Lawmakers voted no expressed doubt about the unknowns of fracking in a state like Florida with shallow ground water sources.

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Alimony Could Give Way to Formula

March 1st, 2016 by Mike Vasilinda

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.

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Religious Freedom Supporters Rally Outside Capitol

March 1st, 2016 by flanews

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.

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