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Texting While Driving Ban Passes House Committee

January 25th, 2018 by Jake Stofan

Legislators touted a new texting while driving ban ahead of a favorable vote by a house committee Thursday morning.

Lawmakers stood alongside law enforcement and victims of distracted driving accidents.

The legislation would make texting while driving a primary offense, meaning officers could pull drivers over for using their phones behind the wheel even if they don’t commit another traffic infraction.

The goal is to cut down on the growing number of fatal accidents caused by distracted drivers in the state. There were more than 50,000 accidents and 200 fatalities in 2016.

Demetrius Branca lost his son Anthony after a texting driver hit him while he was driving his motorcycle to school.

 

“It is too late for Anthony. It is too late for many many others. Many other stories that I have heard that break my heart. I have to go to sleep at night with images in my head that I do not want,” said Branca. “So I’m here today to advocate for harsher distracted driving laws because that is what is going to save our kids, our friends, our families and our parents.”

Florida is one of only four states where texting while driving is a secondary offense.

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Senate Committee Approves Two Bills Aimed At Reducing Prison Populations

January 25th, 2018 by Jake Stofan
Florida’s prison budget is more than two billion dollars a year, but some lawmakers say prison costs can be cut by locking up fewer non-violent offenders.
There are approximately 3,300 people behind bars in Florida for felony theft convictions. 
Each costs tax payers more than $20,000 a year.
Part of the reason for the high numbers is Florida’s low threshold for a theft to qualify as a felony.
Stealing an item valued at $300 or more triggers a felony charge.
“As a person gets a felony record, you know even when they’re 18 or 19 or 20-years-old it carries with them all throughout their lives,” said Sal Nuzzo with the James Madison Institute.
A new proposal would raise it to $1,500.
“You can still be convicted of a misdemeanor, serve a year in jail and a $5,000 fine,” said Chelsea Murphy with Right on Crime.
$300 in the 1980’s, when the limit was set, is now worth $683. Barney Bishop with The Florida Smart Justice Alliance says the proposed $1500 threshold is too high.
“If you’re the person that somebody broke into your home and they stole $1,500 of your jewelry, you’re not going to appreciate the fact that it’s still a misdemeanor,” said Bishop.
Bishop’s example would technically qualify as burglary, which would still be classified as a felony regardless of the bill becoming law. Nevertheless, he’s in favor of a compromise on the dollar amount.
Retailers worry increasing the felony theft threshold will result in crooks stealing more.
“That’s costing jobs, that’s costing resources,” said Melissa Ramba with the Florida Retail Federation.
The bill cleared a senate committee alongside another proposal.
The second would make it harder for non-violent offenders to be sent to jail. Sponsor of both, Senator Randolph Bracy says the two combined will make a dent in correctional costs.
“And I think it will help us focus our efforts on serious criminals,” said Bracy.
How much taxpayers will save is a moving target, but the 3,300 in prison for felony theft cost the state $66 million a year.
Since 2000, 37 states have raised their felony theft threshold. Florida’s neighboring states Georgia and Alabama both have $1,500 thresholds.

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Protecting Religious Institutions by allowing Guns in Church

January 24th, 2018 by Mike Vasilinda

Carrying a concealed weapon in a religious institution is illegal if the organization also operates a day care center or school, but as Mike Vasilinda tells us, lawmakers say after shootings in South Carolina and Texas, Churches no longer need to be gun free zones.

After two shooters claimed 35 lives in church shootings, Florida lawmakers want to make sure Churches in Florida are not gun free zones. Rep. Ross Spano (R-Tampa) says even his church has faced a dilemma.

 

“We are faced with the unenviable decision of committing a third degree felony, or allowing allowing our congregants to protect themselves” Spano told committee members.

“The vulnerability of our churches is something this bill is simply seeking to reduce” says Sponsor Lawrence McClure.

 

But Beth DuMond of Moms Demand Action against gun violence calle the legislation unnecessary.

“It’s trying to solve a problem that does not exist” she told members.

But committee members pushed back.

 

Rep. Chris Latvala ( R-Clearwater) asked:  “I believe you said this tries to fix a problem that doesn’t exist and then you list a few churches where there have been mass shootings such as Charleston and Texas?”

“Yes”

“I don’t see how  both of those can jive together.”

NRA lobbyist Marion Hammer also pushed back.

“This bill is strictly about restoring the private property rights of churches, synagogue’s and other religious institutions says Hammer”

In the end, the legislation passed overwhelmingly.

“The legislation only applies to churches that have either a day care center or operate a school.

Because churches and synagogue’s have the final say, this legislation is considered one of the few gun bills considered likely to pass before lawmakers go home in March.

The Senate will hear it’s companion legislation tomorrow morning.

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Insurers Call on Lawmakers to Pass AOB Reform

January 24th, 2018 by Jake Stofan
About 125 insurers marched on the state capitol in to spread the word about an issue they say is driving up insurance rates in the state.
When you sign a form to allow your doctor to bill your insurance company, you are doing what is called Assignment of benefits.
When it comes to home repairs, similar  agreements are often hidden in the repair contracts. Often they allow a contractor to sue a persons insurer without their consent or knowledge.
Insurers say some attorneys are abusing the system.
“In my opinion there’s huge fraud here,” said President and CEO of Citizens Property Insurance Corporation, Barry Gilway.
Lawsuits filed on behalf of homeowners have increased by 6,800 percent since 2006.
“The ultimate payer in this situation is the consumers,” said Gilway. “They will pay the price. Otherwise you wont have any insurance companies that will do business in this state.”
Florida is ranked the state with the fifth worst legal climate in the country. Insurers say Assignment of Benefits fraud is a major factor in the ranking.
The House has passed A bill that would allow people to back out of assignment benefit agreements and put restrictions on when attorneys can collect fees.
Jeff Grant owns Bone Dry Restoration and Cleaning. He says he’s low balled by almost every insurer he deals with. 
“If they can save $50 in doing the wrong thing than they’re going to try to save $50,” said Grant. “They don’t truly take the consumer in to account in any of this.”
He says Assignment of benefits helps him recover full costs, and ensures consumers repairs are up to standards.
A poll by the Florida Chamber of Commerce found 4 out of 5 Floridians don’t think contractors should be able to sue their insurers without their knowledge.

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Mental Health Advocates Urge Florida Lawmakers to Focus on Mental Health Issues

January 24th, 2018 by Jake Stofan
One out of four people will develop a mental health condition at some point throughout their lifetime. It’s the message mental health advocates are trying to get across to lawmakers in an effort to get them talking about mental health reform in the state. 
Advocates also point at the increasingly devastating opioid addiction taking place across the country, noting most addicts also suffer from a mental illness.
Mental health organizations announced their support for 5 proposals in the legislature aimed at improving mental health care in the state. They range from PTSD coverage for first responders, to requiring the Agency for Health Care Administration to study the link between substance abuse and mental health disorders.
“It affects every single one of us. Our friends, our neighbors, our loved ones, our co-workers. Mental illness is one of the leading causes of worker disability in this nation,” said Executive Director of the National Alliance on Mental Illness Florida Chapter, Alis LaPolt. “We’ve got to start talking about mental health in this nation. We’ve got to start talking about mental illness, mental health and recovery. Recovery is possible.”
Among the states, Florida rank’s 49th for funding for mental illness and 44th in terms of access to care.

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Daylight Saving All the Time Clears Another Committee

January 24th, 2018 by Mike Vasilinda

In the last two days committees in the House and Senate at the State Capitol have approved legislation that would move the state to daylight saving time all year round and make the western panhandle pat of the eastern time zone. The latest approval came this morning, when Sponsor Heather Fitzenhagen told committee members the change would be good for the tourism industry.

“Committee members, this is the first great step to putting more sunshine in our lives in Florida. We are the sunshine state. I think its going to improve the health and wellness  across the board. If you think it about it a moment, how many times have you gotten home from work in the wintertime and you would live to go throw the football, maybe drop a line in, or go out to dinner with your spouse. This will give people more quality time, the time when its nicest in Florida” says Fitzenhagen.

If lawmakers and the Governor eventually agree, Congress and the US Department of Transportation would still have to approve the change.

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“In God We Trust” Could Soon Be Displayed on All School Buildings

January 23rd, 2018 by Jake Stofan
Florida has called the phrase, “In God We Trust” its state motto since 1868. It’s on the state seal, which is prominently displayed in the capitol. It was also adopted as the country’s motto in 1956 and appears on the back of currency. 
Representative Kimberly Daniels is looking to remind Florida’s school children of their right to religious freedom, by requiring the phrase to be displayed in public school buildings.
“You have to ask yourself,” said Daniels. “Why would anyone not want a motto that is so positive for our children displayed?”
The motto is already on the state flag, and the flag is required to be displayed in schools.
Begging the question, would the Legislation actually change anything?”
“If the Flag is displayed, the motto is displayed,” said Sue Woltanski with Common Cause Florida.
It was one of two concerns she posed in Tuesday’s committee hearing. She also thinks the proposal would cost too much.
“If I frame a picture, it costs $100,” said Woltanski. “How many schools do we have? I don’t know how many schools we have, but anything times 100 is a lot.”

Despite an unknown price tag, the proposal passed its first committee stop with unanimous approval.

Support crosses secular lines.

Representative Randy Fine is Jewish.

“I think it’s important for people to know that the First Amendment is freedom to practice religion, not freedom from religion,” said Fine.
Supporters say the display is in no way a governmental endorsement of religion.
The first appearance of the phrase, “In God We Trust” was on the two-cent coin in 1864.

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Speak of the House Backs Pro-Israel Legislation

January 23rd, 2018 by Jake Stofan
Florida lawmakers are looking to echo President Donald Trump’s decision to recognize Jerusalem as the Capitol of Israel by making a formal recognition on behalf of the state.
Standing along side jewish members of the House, Speaker Richard Corcoran touted his support of two proposals up for consideration this year that show Florida’s support for the jewish nation.
One would applaud the President for his recognition of recognizing Jerusalem as Israel’s Capitol. The other would prohibit local governments from doing business with companies that have boycotted Jerusalem. 
“There’s no question that throughout the course of the later part of the 20th century and throughout today, Israel has been one of our greatest allies,” said Corcoran. “And anywhere that we have gone and partnered with Israel in an attempt to stomp out evil in the world and create fairness and justice and hopefully a world of peace, they’ve been a partner throughout the entire process. I think both of these bills move us forward.” 
If the boycott legislation were to pass it would prevent pop music star Lorde from playing two dates in Florida on her upcoming tour. The singer canceled a concert in Israel and called for a cultural boycott of the nation.

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Primary Texting Enforcement Clears Senate Committee

January 23rd, 2018 by Mike Vasilinda

Police being able to stop you for texting while driving without first observing another violation is one step closer to becoming the law of Florida tonight. But s Mike Vasilinda tells us, African American lawmakers worry the change could open the door to harassment by police.

State Senator Bobby Powell used to be a police dispatcher. He told a Senate Committee he was 19 the first time police stopped him.

“tag light was out”

And says he’ been on the wrong end of a police stop at night.

“I was verbally abused, yelled at, cursed at” says Powell.

Powell’s opposition to stronger anti texting legislation prompted Demetrius Branca, who’s son Anthony died after being hit by a texting driver,  to argue the good in the bill outweighs the bad.

 

“If we hesitate now, people are going to die” says the Dad working tirelessly to pass a primary enforcement bill.

 

Other parents, like Debbit Wanninkhof, shared their stories.

“He was killed in Oklahoma by a cell phone distracted driver” she said of her son Patrick.

Before a vote, lawmakers added a provision requiring the state to keep track of who is being stopped.

Sponsor Keith Perry says in the end, the legislation will send a message.

“We’re not trying to pull people over. We’re trying to change behavior” Perry told fellow Senators.

Sen Audrey Gibson of Jacksonville was the other no vote. She argues requiring hands free driving takes away the incentive for discrimination to play into who gets stopped.

“It’s very obvious someone is using a phone when you have hands free.”

Discrimination is a problem, acknowledged Florida police chiefs. They say they are working to stop it.

 

“It’s a valid concern, but law enforcement works very hard to implement the appropriate training” says FSU Police Chief David Perry. He came to the committee representing the Police Chiefs Association.

One of the questions asked, Can we text while’s were stopped at a light? The answer is yes.

But not while you are driving, unless you want to risk a thirty dollar ticket.

The legislation has one more committee before being voted on by the full Senate. Last week, Governor Rick Scott said he favors the tougher law.

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Democrat Women want “the Whole Damn Dollar”

January 23rd, 2018 by Mike Vasilinda

Female Democrats in the state legislature say the next logical extension of the #me too campaign is to pay women equally for the same job. They argue they earn between 75 and 85 cents for every dollar a man makes for the same duties. State Senator Linda Stewart is the Senate sponsor of the equal pay legislation.

 

“If you truly value women and the work they do, the rights they have earned, and the respect they are owed, than hear, then pass this bill” says Steward.

House Minority Leader janet Cruz says women want fairness in all aspects of their lives.

 

“I think it’s part of the movement, you know a movement to treat women with respect, whether it be in fair pay equity, pay equity, or whether it be in respect equity.”

The legislation is yet to get a hearing by mostly Republican men in charge of the state legislature.

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Lawmaker Proposes Campus Free Expression Act

January 22nd, 2018 by Mike Vasilinda

When White Supremacist Richard Spencer was shouted down at the University last fall  one state Senator had enough. As Mike Vasilinda tells us, universities, faculty, students or staff who interrupt a scheduled speaker could be liable for up to a hundred thousand dollars in damages under legislation being heard at the Capitol on Tuesday.

Protestors of any kind wouldn’t be stuck in free speech zones on college campuses under legislation pending at the State Capitol.  Sen. Dennis Baxley (R-Ocala) is the sponsor.

 

“The very fact that you would be relegated to a free speeches zone tells you you don’t have free speech” says Baxley.

Baxley proposed the “Free Speech on Campus” legislation after white supremacist Richard Spencer was shouted down at the University of Florida last October.

‘We’ve got to get away from this idea that none of us can hear something that we object to.”

In addition to outlawing free speech zones, the legislation allows a court to imposes a minimum five hundred dollar civil fine for university students, faculty or staff for disrupting a previously scheduled activity.

“We’ve got to learn to debate ideas rather than just yelling and screaming” says Baxley.

A Brookings Institute study has found that among college students, 51 percent think its okay to shout down someone with whom they disagree.

“I think most college students, like, actually understand the first amendment. They might just let their emotions get the best of them” says FSU student Sarafina Cruz.

The legislation gets its first hearing in the House on Tuesday. No hearings are scheduled in the Senate.

While passage is a long shot, just hearing the bill is expected to send a message to University administrators that all speech is to be protected.

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Lawmakers Announce New Initiative to Combat Human Trafficking

January 22nd, 2018 by Jake Stofan
Florida is the state with the 3rd most reports of human trafficking in the country.
Legislators looking to reduce those cases have announced legislation that would create an educational campaign to inform the public how to identify trafficking when they see it.
Senate Sponsor Perry Thuston says it would also require the state to create a hotline people could call to report trafficking.
“The legislation provides new tools to the crime fighting arsenal. It will give the public information to help law enforcement to detect and deter human trafficking,” said Senator Thurston.
96% of human trafficking victims are women.
Roughly half are children.

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State Senate Set to Vote on Permanent State Funding for Controversial Pregnancy Support Centers

January 22nd, 2018 by Jake Stofan
Proposed Legislation at the State Capitol would make permanent $4 million in state funding for pregnancy support centers.
Women’s advocates say the often religiously affiliated businesses undermine a woman’s right to choose.
45 years ago Monday, the US Supreme Court decided women have the right to an abortion.
Legislation moving in the state capitol would build funding for pregnancy support centers into the base budget.
It now comes from one time revenue.
The permanency worries pro choice advocates like Barbara DeVane with the Florida National Organization for Women.
“It gives away our tax money to clinics that are spreading lies about abortion, and they’re demeaning young women,”said DeVane.
Ryan Sprague runs the Pregnancy Help and information Center in Tallahassee.
He says centers like his offer women help through a pregnancy.
“[We offer] Any number of classes that I think everybody, whether you’re pro-choice or pro-life or don’t care you would say is a good thing for education for a mom to get,” said Sprague.
During committee meetings, some young women like FSU student Amelia Zahnder described feeling pressured at the clinics.
“She told me that I had to sign a chastity pledge and told me to hold her hands and repeat a prayer after her,” Zehnder recalled.
Amelia went to a similar pregnancy center, but not one funded by the state.
There have been no formal complaints received by the state against the centers run by Florida Pregnancy Care Network, which holds the contract.
Sprague says while the centers do offer religious materials upon request, they don’t bill the state for those visits.
“When we do a class on car seat safety, we can invoice the state for that class,” said Sprague. “If an hour later we do a class on interpreting the bible we can’t invoice the state for that class.”
The centers say women are free to leave at anytime and go to other clinics like Planned Parenthood that offer abortions and contraception.
More than 45,000 Floridians were served by 105 pregnancy centers around the state in 2016.
The Senate is expected to vote on the legislation later this week. If passed its next stop would be the governor‘s desk.

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Childrens Week Kicks Off

January 22nd, 2018 by Mike Vasilinda

Bright banners draped the rotunda in the State Capitol this morning. They will be there all week as advocates hope to push children’s issues to center stage for lawmakers. The annual event brings thousands to the Capitol to point out what kids need or are lacking. Josh Talkington of Eckerd Connects says it is a chance for advocates to share success stories.

“So anything we can do to move the needle a little bit, as far making their progress a little bit better, making the world a little better for them, putting them on an even playing field. That’s why we are excited about” says Talkington.

Tomorrow, state officials will read to elementary students during a Storybook Village in the Capitol courtyard. There will also be a teen town hall meeting and a news conference to talk about the heath and well being of all children.

 

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Marsy’s Law Amendment Headed for a Vote by Full Constitution Revision Commission

January 19th, 2018 by Jake Stofan
A proposal to put victims rights in the state constitution cleared a a committee of the Constitutional Revision Commission Friday morning.
Mike Liles’ wife was murdered in a home invasion last year.
“I came home and found my wife beaten to death on the floor of our kitchen,” Liles said.
Since then, he’s been dealing with a lengthy legal process in an attempt to convict the man accused of killing his wife. It’s a process he says isn’t sensitive to victims.
“It’s a frustrating system to follow. It’s a frustrating system to understand and you never know exactly what rights you do have,” said Liles.
A proposed ballot measure moving through the Constitutional Revision Commission known as Marsy’s Law aims to help people like Liles.
It would guarantee a set of victims rights in the state’s constitution.
“They ought to have rights as well. They ought to have prerogatives. They ought to have the opportunity to have their voice heard,” said CRC Commissioner and former Senate President Don Gaetz.
Lawyers say because the proposal allows victims to refuse giving a deposition to the defense team, it could lead to more innocent people being convicted.
“The ability to question a witness and a victim under oath prior to a trial is paramount to be able to test the credibility of their allegations and to advise our clients about whether proceeding forward with a trial is a good idea or not,” said 8th Judicial Circuit Public Defender Stacy Scott.
Commissioner Timothy Cerio is the sponsor of the proposal. He says when it comes to victim depositions, Florida is the outlier.
“We are one of only five states in the union that have depositions for victims so 45 other states don’t allow it,” said Cerio.
Florida is among just 15 states that don’t guarantee victims right in their state constitution.
It will be several months before the full Constitution Revision Commission decides if Marsy’s Law should be on the November ballot.
If it makes it on the ballot it would need 60% of voters to approve it to become part of the Constitution.

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