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Prosecutor sparks death penalty furor

March 16th, 2017 by Mike Vasilinda

On Monday, Governor Rick Scott signed legislation requiring a unanimous jury in death cases. today, the state’s first black female State Attorney, Aramis Ayala, elected in August in Orlando, said she would not seek the death penalty in the high profile case of a cop killer or any other case doing her term in office. It prompted Governor Rick Scott to call for her to recuse herself from the case, while one of the most powerful state Senators, Jack Latvala, called for her removal.

“I think that’s unconscionable” says Latvala. I believe that State Attorneys and all of us in elected office take an oath to uphold our constitution and our laws of the state, and I don’t think State Attorneys have any special privilege to decide which laws they want to enforce and they don’t want to enforce. And I think the Governor should give serious consideration to what his options are, up to, If I were Governor, And I have the power, I’d throw her out of office. I’d suspend her tomorrow.”

Lawmakers do not have the power to remove a State Attorney or Public Defender from office, but this morning, a House committee approved a constitutional amendment giving lawmakers impeachment power for prosecutors. the move was filed long before this mornings announcement about not pursuing death cases.

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Viewing Police body camera footage

March 16th, 2017 by Mike Vasilinda

A House committee voted 17 to 0 to allow police officers to view footage from their body cameras before submitting reports or responding to complaints, House Bill 305 would give local agencies that use body cameras the authority to allow the viewing. Matt Puckett of the Police Benevolent Association says the viewing could eliminate some confusion.

“There is an accuracy issue right now, where you have video footage and you have the officers report, and sometime they don’t jive up. So what do we have? We have people that should be in trouble for DUI’s and other crimes that get off because of this accuracy issue. So we hope it’s a no brainer” says Puckett.

Police agencies are not required to use body cameras, so those that do, do so voluntarily, but legislation has been filed to require all agencies to use the cameras.

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Lawmaker wants background checks on all gun transfers

March 16th, 2017 by Mike Vasilinda

Legislation has been filed to close the so called “gun show loophole” when it comes to background checks for gun purchases. Under current law, individuals selling or giving guns to another person, as long as they are not in the gun selling business, do not have to runs a background check. State Senator Gary Farmer says the law needs to change.

“If you are a domestic violence offender, If you’re someone with a checkered criminal past, if you are someone who’s mentally imbalanced, what are you going to do?  You’re gonna wait and go to a gun show and not have to undergo any background check. that is simply wrong. It’s an easy fix” says Farmer.

Licensed gun dealers are required to run background checks, even at gun shows. But sales between individuals are not regulated. The legislation would require checks on every transfer of a firearm.

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Shifting burden of proof in Stand Your Ground cases

March 15th, 2017 by Mike Vasilinda

By a vote of 23 to 15 The Florida Senate this afternoon approved changes to the Stand Your Ground law, shifting the burden of proof during initial hearings from individuals to prosecutors. Prosecutors worry the change will increase the number of Stand Your ground cases.

A Supreme Court ruling created a preliminary hearing when someone asserts Stand Your Ground. It requires a person to prove they were in fear for their life.

“And he stopped in the middle of the road and will not move his vehicle.”

But Lawmakers say the ruling turned their intent upside down. Sponsor Rob Bradley  wants the burden to rest with prosecutors.

“The government should rightfully carry the burden from the time of arrest until the end.” said Bradley on the Senate floor.

Democrats, including st. Petersburg’s daryl Rouson opposed the legislation.

“And what we do here has consequences” he warned.

“23 years, 15 nays Mr President.”

Audrey Gibson of Jacksonville fears the worst.

“This isn’t a gun bill, its a murder bill” say Gibson.

Prosecutor Bill Cervone of Gainesville worries the number of cases claiming self defense will skyrocket.

“Be it a person involved in a domestic violence situation who wants to claim the  victim him him first, therefore he was entitled to assault her. It involves any weapon, not just firearms” says Cervone.

The legislation has been a top priority of Marion Hammer, for NRA President.
“The burden of proof is about protecting law abiding people from abusive prosecutors” says Hammer.

The bill now goes to the House.

The House has more than 40 co sponsors. Some of those are suggesting that they will try to appease prosecutors.

No hearing has yet been scheduled in the lone House committee assigned the bill, giving prosecutors more time to press their case.

The 23 to 15 vote was along party lines with just one Republican joining Democrats in opposing the bill.

 

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Decriminalizing Open Carry?

March 15th, 2017 by Mike Vasilinda

Concealed weapons permit holders who inadvertently display their gun would no longer be committing a crime.  Legislation approved by the House Criminal Justice Committee would decriminalize the display. Sponsor Neil Combee of Lakeland calls it a reluctant compromise on open carry.

“If you are walking down the street and a gust of wind blows your coat open, you’re not going to jail. If you’re in the grocery store and you bend down to pick up a case of water off your shopping cart, and a quarter inch of your gun might show, you’re not going to jail, at least not the first time” Combee told the committee,

People who inadvertently show their gun the first time would face a 25 dollar fine. Second offenses would bring a 500 fine. Third offenses would remain misdemeanor offenses.

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Mosquito Control seeks more money

March 15th, 2017 by Mike Vasilinda

The association representing the states mosquito control districts is asking lawmakers for one point two million dollars more than last year. Andrea Leal, executive director of the Florida Keys Mosquito Control district says the money would be used to help smaller counties ramp up efforts to fight Zika.

“So this will really help those smaller counties that may not have the local funds. And that’s what we’re trying to do. We’re trying to allow them to increase funds to be able to increase surveillance, hire more personnel if possible, to deal with this specific mosquito” says Leal.

So far this year, there have been 21 travel related Zika cases, one locally acquired infection, and 9 cases involving pregnant women. Pasco County Mosquito control director Dennis Moore says the warm winter could make the season unpredictable.

“We’ve had a mild winter, so I would guess there are more mosquitos that survived this winter than most, so its really difficult to predict what this spring is going to be like. Its really difficult to forecast mosquito populations based on weather over the winter” said More when asked.

The 1.2 million being asked for is in addition to an additional 1.9 million Governor Rick Scott is asking for to hire more people at the department of Health.

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Family of deputy killed by wrong-way driver want DUI interlocks for everyone

March 14th, 2017 by Mike Vasilinda

This past Sunday marked the one year anniversary of the death of Hillsborough County Deputy Sheriff John Kotfila. The lone witnesses says Kotfila positioned his car in front to hers and was hit by a drunk wrong-way driver on the Selman expressway. Today, the deputy’s family were in the Capitol seeking stronger laws.

The driver of the car that killed Deputy John Kotfila had a blood alcohol level almost three times the legal limit. Terry and John Sr, his parents, spent the day walking the halls of the state Capitol, talking to anyone who would listen.

“He was killed a year ago by a wrong-way driver.” terry told one aide.

They want to require everyone convicted of DUI to have an ignition interlock device.

“You always know that every time they put on that badge, them may not come home,  But never did I think that it would be due to a drunk driver” says Terry.

Currently, only those caught driving at twice the legal limit are required to have the devices.

On any given day, about ten thousand people in Florida have to blow into one of these before the car will start. most of them are second, third or fourth time offends.”

In Massachusetts, where John Sr is a state trooper, the devices are required for every offender.

“In the last nine years, 38 thousand times, someone has tried to get behind the wheel of a car over the legal limit and was stopped from doing that because of this device. It’s time for Florida to pass this” aid the Deputy’s father.

Terry Kotfila says she now worries about her daughter, who will soon graduate from a police academy.

“Although we are very proud and supportive of her, it’s bittersweet because she will be patrolling the same streets where so many have lost their lives, and where her brother was killed.”

29 other states already require interlock devices for most if not all DUI offenders.

Nationwide, MADD says two point three million would be drunk drivers have been stopped from driving by interlock devices in the states where they are required.

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Whiskey and Wheaties narrowly moves forward

March 14th, 2017 by Mike Vasilinda

 

A House committee, by a vote of 7 to 6, has approved legislation that would allow big box stores to sell liquor in the main store instead of at a walled off location. The measure was opposed by independent liquor stores who say the legislation will make it easer for kids to get alcohol. John Stevens owns a store In Jacksonville.

“It’s in a liquor store that where every kid that walks in is stopped. I don’t have 16 year olds or 17 year olds coming into my store, and neither does anybody else because we stop them. Once you put it on the stores, there’re gonna get it” Stephens told the committee.

The change is being pushed by big box stores like Walmart and Target. Lobbyist Joseph Salzverg of Target told the committee the current law is hurting their customers.

“The way Target structures their business model, its a racetrack type of shopping , one stop shop. that’s why we currently don’t offer bifurcated  stores in the state of Florida. this bill allow us to meet our customers needs, and we appreciate the representative for bringing it forward” says the Target representative.

Two of the Committee’s fifteen members were not in the room when the vote was taken.

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Equal pay rally

March 14th, 2017 by Mike Vasilinda

More than a hundred women jammed into the space outside the State Senate Chambers at midday to protest what they call unequal pay for women. Statistically, they say they earn just 87 cents for every dollar a man earns, prompting House minority leader Janet Cruz to lead them in a chant.

“I want the whole damn dollar. My mama wants her whole damn dollar. My daughter wants her whole damn dollar. My granddaughter will want her whole damn dollar. And every woman should want the whole damn dollar.” chanted Cruz.

Florida is actually above the national average in equal pay for women, but it is due in large part to the high number of minimum wage jobs. Patty Farley of the Women’s clubs of Florida says the inequality can add up over a live time.

“A young woman graduates from college into a thirty thousand dollar salary. Over her lifetime, she will make one point two million less than the young man who is graduating at her side” Farley told the crowd.

For high school graduates, the difference is seven hundred thousand dollars. the Democratic sponsored legislation is yet to have a hearing in the GOP controlled legislature.

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Scott tries to rally troops

March 14th, 2017 by Mike Vasilinda

Hundreds of tourism operators are in the Capitol for their annual tourism day, but this years event is taking on special meaning. That’s because the House has already voted to eliminate the jobs incentive agency and cut funding for Visit Florida, the state’s tourism arm. Governor Rick Scott spent part of the afternoon rallying the troops to strong-arm lawmakers into keeping both programs and to fully fund both agencies.

“You know, its important for jobs in our state. As you know, I travel the state everyday. People care about jobs. enterprise Florida ’s done a great job getting people jobs. Visit Florida’s done a great job getting people jobs. I’m gonna fight everyday to make sure we keep doing it” Scott told reporters afterward.

Lawmakers have been unhappy with multi million dollar contracts, pay raises, bonuses, and lavish dinners funded by both agencies. If either survives, it will be with increased reporting requirements for expenditures.

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Magic Johnson pitches HIV funding and health care contract renewal

March 13th, 2017 by Mike Vasilinda

Basketball legend Magic Johnson invited himself to the state Capitol today. He was there to talk AIDS funding, and renewal of a medicaid contract for companies in which he has invested.

Standing next to lawmakers, Magic Johnson was indeed bigger than life. In the Democratic Caucus he talked about the successes of treating aids after he came out with the disease more than 25 years ago.

“That sorta had them say, maybe I can come out to my family, that I do have HIV” Johnson told Senate Democrats.

In the meeting, Sen. Kevin Rader told Johnson of pending GOP cuts in aids research.

“When you go speak them at ten o’clock, tell them I know you cut a million dollars in HIV/Aids research from the University of Miami and please put it back in.”

“Okay. okay” responded Johnson.

But Johnson barely mentioned aids in a meeting with the Senate President.

“We have been both efficient an effective at the same time” Johnson said of his health care companies.

Johnson is an investor in two heath care plans: Simply Healthcare and Amerigroup. He was in the Capitol pitching a contract renewal. CEO Lordes Rivas says since the state awarded the companies a contract, based on Johnson’s involvement, dental care for poor kids has increased dramatically.

“The access to caress been as low as 28 percent” said Rivas.  “The national medium is fifty percent. and we are now at forty-eight percent.”

Johnson told us part of the magic isn’t just his fame, but community involvement.

“Once you are in the community, they know you, they trust you, they become loyal to your company or what you are providing them” said the former Lakers star.

And what Johnson was proving at the Capitol is that star power can get you in the game, but hard work keeps you there.

Johnson’s companies are in their fourth year of a five year contract to provide managed care in South Florida.

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Stand Your Ground burden of proof legislation to be voted on by Senate on Wednesday

March 13th, 2017 by Mike Vasilinda

Later this week, the Florida Senate is poised to pass the first gun bill of the session. The legislation changes the burden of proof in preliminary hearing in Stand Your Ground cases, Currently, someone who asserts SYG must prove they felt threatened. Under the proposed change, the state would have the burden of proving someone was not afraid. Senator Rob Bradley says the change is necessary to uphold the constitutions premise of innocent until proven guilty.

“It gets described as a gun bill, but for many of us this is more about some fundamental constitutional principles and it’s about making sure that people have a right of self-defense and that it is meaningful that it is not just words on paper” says Bradley.

The legislation is also moving through House committees, which is a change from last year when the House did not take the bill up.

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Lawmaker seeks end to Sanctuary Cities

March 13th, 2017 by Mike Vasilinda

Six Florida Counties (Hernando, Pasco, Hillsborough, Pinellas, Palm Beach, and Broward) could soon have 90 days to remove ordinances on their books relating to helping federal officials in immigrations cases, Currently, the six counties require an arrest warrant or deportation order before providing resources. But legislation being heard by a House Sub-committee this afternoon in the state Capitol would require every jurisdiction to help federal immigration authorities when requested says sponsor Larry Metz.

“We’re not creating any duty on the part of state or local government officials to proactively go out and enforce the law. we’re simply saying when requests are made for immigration enforcement cooperation, that it would be the policy the state of Florida for state and local government entities to provide that cooperation and if they  fail to do so that there’s consequences for that” Metz said before the meeting.

If the legislation is signed into law and the counties refuse to comply, they could be fined between a thousand and five thousand dollars a day and face the possibility of losing state grants in aid for five years.

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House kills incentives, Senate future uncertain

March 10th, 2017 by Mike Vasilinda

Despite pleas from Governor Rick Scott to continue funding for economic development incentives, the Florida House voted overwhelmingly to kill the incentives programs today, but  the fight isn’t over yet.

Just 72 hours after Rick Scott implored lawmakers to keep a jobs incentives program,  the House moved to abolish them. Siding with the Governor, Rep. Newt Newton of St. Petersburg argued incentives are the only way to get businesses into blighted communities

“The basic necessities like a grocery store or a restaurant. Those things are non existent in those communities. People will not come their on their own” Newton told members.

Rep. Jay Fant of Jacksonville was one of the few Republicans to buck the Speaker of the House and voted against abolishing the jobs agency.

“I fear killing this program will hurt people” said Fant.

But the overriding sentiment was that businesses shouldn’t need incentives to make money. Representative  Bob Rommel (R-Naples) told colleagues he has started multiple businesses,

“If I can’t make it on my own, I shouldn’t make it” he said.

“87 yeas, 28 nays Mr Speaker.”

After a veto proof vote Governor Rick Scott immediately released a statements saying in part: a vote for these bills was a vote to kill tourism and jobs in Florida.

House Speaker Designate Jose Olive (R-Miami) pushed back.

“Two hundred and fifty thousand new jobs last year were created, and there were no incentive dollars given out.”

Now the focus shifts here to the Senate where so far, there has been little appetite to abolish the jobs incentives.”

House Speaker Richard Corcoran says talks with the Senate are just beginning.

“We’re right on the principle. Doesn’t have life in the Senate is not even remotely in the ball park of truth” says the Speaker.

And Scott is  promising no let up in his near constant campaign to keep the incentives.

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Death penalty fix sent to Governor

March 10th, 2017 by Mike Vasilinda

The first major bill of the 2017 legislative session is on its way to the Governor. The Florida House voted 112-3 to require unanimous jury verdicts in death cases. The legislation was necessary after the Florida Supreme Court ruled last years 10-2 jury legislation was unconstitutional. Rep. Joe Geller of Dania Beach was one of the three no votes.

“I think we have a right to be protected against these monster” proclaimed Geller. “I think we have a right not to have them roaming our streets but I don’t think it is something that the state should do I think it’s wrong and I’m going to vote against this bill because I am against the death penalty.

Even when signed, executions may not resume any time soon. Even sponsors of the legislation say a Supreme Court decision requiring some people to get new sentencing hearings but not others based on when their sentence was final is confusing and open to challenge.

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