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No nativity scene. No satanic response to the nativity scene. But at the Florida capitol, there’s still a holiday display “for the rest of us.” Matt Galka tells us about the festivus pole holiday display that went up in the Florida Capitol – with an LGBT twist.

South Florida blogger and atheist Chaz Stevens continued his annual tradition of putting up a “festivus pole” in Florida’s capitol rotunda.

The fake holiday Festivus was made famous by an episode of the sitcom Seinfeld. This is the third year Stevens has put the satirical pole up in the state house in a response to religious symbols that have been popular over the years.

“Celebrate diversity, celebrate inclusiveness. Celebrate the fact that it’s religious freedom for all, not just religious freedom for some. The point here is very simple, this is an ode to separation of church and state,” said Stevens.

He hopes plenty of people have grievances to air.

“Oh God yes, if they weren’t, we’d sit back and say ‘what are we doing wrong?” said Stevens.

The pole has a disco ball on top and a rainbow sleeve supporting gay rights this time around. It’s been made of beer cans in the past.

There was no nativity scene in the capitol this year. Tallahassee Reverend RB Holmes, who has supported the display in the past, says nobody should mock other religions.

“I’m not going to be a part of demeaning and denigrating other folks culture and causes,” said Holmes.

Stevens says his Festivus pole is expected to go up in nine state capitols around the country this year. He’s hoping to get the Festivus pole into all 50 state capitols next year. Festivus is actually celebrated on December 23^rd.

Tax cuts, education, money, and gambling. Another year of Florida legislative matters are upon us, and as Matt Galka tells us, Florida’s Speaker of the House hopes to avoid the pitfalls that doomed some of this past year’s lawmaking period.

2015’s legislative session ended with a shocking twist of political theater. The Florida House ended early – killing a few policy issues in the process.

Florida’s Speaker of the House says don’t expect those kind of fireworks this time around.

“My hope is that the 16 session will return back to some normalcy,” said House Speaker Steve Crisafulli.

With less than a month to go before lawmakers return to try and pass new laws, Crisafulli laid out his plans for legislative session. Tax cuts are high on the list, but the Governor is shooting for $1 billion dollars. Crisafulli isn’t ready to commit to the number.

“Is a billion dollars in full off the table? No, it’s not, the reality is, though, is we have to sit down and do the math on the proposed budget and find out where we’re going to land,” he said.

Passing a new gambling deal will also be at the forefront of the to-do list for the legislature.  The Governor inked a new Seminole Compact last week that could add $3 billion dollars of revenue to the statse. Lawmakers need to sign off as well.

“I can’t sit here and tell you for sure that, as it’s written, it has no chance. Is it unlikely? Yea, it’s very unlikely, but there are some things that members have started talking about that they want to tweak,” said Rep. Crisafulli.

Crisafulli said water policy, education reforms, and laws benefiting Floridians with disabilities will be the first ones to come out of his chamber.

While healthcare money was the main dustup that derailed 2015’s legislative session – neither the House Speaker or Senate President have indicated there would be that type of issue this time around.

The Florida Department of Law Enforcement is bracing for a record number of firearm purchase background checks this weekend. .As Mike Vasilinda tells us, fear, prices, and an improving economy are driving the sales.

Background checks for gun purchases are up seven percent over last year, but every day since the San Bernardino shootings, sales have been up by a third  to a half. More than 80 thousand checks have been run in December alone, and there are still 12 shopping days in the month. We found Fsu student Ali Martin looking for a handgun.

FSU Student/Gun shopper

Q:”You’re interested in buying a gun. I heard you say to keep at home?

A:”Yeah”

Q:Why?”

A:”For my safety. I lot of stuff be happening lately.”

The Department of Law Enforcement shoots for a four minute turnaround time on background checks. December weekend sales have been taking up to two hours. FDLE spokesperson Molly Best says the agency has cancelled vacations to staff up for this weekend.

“Well, we have increased our staffing 25 percent for the Christmas weekend” says Best.

Shoppers ran for their lives last Saturday at this Tallahassee mall after a fight broke out and someone thought they heard gunshots. Tallahassee Police Department spokesperson David Northway says patrons did the right thing.

“Someone picked up a garbage can, threw the garbage can and it bounced on the tile flooring the tile floor echoed , it is such a large building, and people assumed those were gun shots” says Northway.

It’s not just fear that’s driving the increase in sales. Gun prices are low right now, and an improving economy is sending many hinders out to re-arm.

But fear is a definite factor. Tina Thomas is a first time gun buyer.

“Home invasions. Break ins. i had my house broke in before, and I just feel I’ll be more safe with a weapon in the house with me” says Thomas.

At it’s current pace, 2015 is poised to set a record for gun sales in Florida.

Police say shoppers were right to flee the mall when they thought they heard shots. they stress Run, Hide or Fight if you find yourself in what you believe to be a life threatening situation.

Assault rifle sales are on the increase since the shootings in San Bernardino and the President again called for their ban. The same thing happened following the same call for a ban after Sandy Hook. Licensed Gun Dealer Mark Folmar says people want what they may be told they can’t have.

“Every time the President speaks out against a certain type of fun, those guns get sold out. I’m not saying he shouldn’t say anything, but overtime he does, sales go through the roof.”

Q:”What have you seen since the San Bernardino address?”

“Well, most of our suppliers that sell AR’s are out, or either why are withholding them so they can raise prices.This has happened several times. overtime somebody thinks you can’t buy something anymore, it makes them want to buy them all the more.”

President Obama called for limits on so called semi automatic assault style rifles and limits on ammunition clips as well.

Governor Rick Scott is running an unusually public campaign to get lawmakers to set asides a quarter billion dollars for economic development. As Mike Vasilinda tells us, the  Governor has gotten more than 100 local and state officials to endorse his plan.

When Rick Scott’s proposed tax cut was in trouble earlier this year, he took the unusual step of spending hundreds of thousands on TV to promote the tax cut. He got mostly what he wanted.

It’s a dream come true, and that’s your Florida” chimed Scott from the Let’s Get to Work spot.

Now he’s doing something out of the box to win a pile of cash for economic development.

“Florida should be the next state where all the corporate offices are moved to” says Scott.

Scott wants to revamp the funding for economic development by putting 250 million into a revolving fund. He says it will send a signal to companies looking to relocate.

“We can’t be subject every year not knowing how much money we’re going to have. We’ve got to fix that. We can’t be subject to whether the legislature holds a special committee meeting or not.

Scott has taken the unusual step of reaching out to local officials and asking them to endorse his plan.

More than a hundred have said yes.

Scott’s outgoing Economic Opportunity Director Jesse Panuccio believes the plan will create thousands of jobs.

“You want to be able to a fund tat is certain. that businesses can look at it and say you know what, Florida has made a three year commitment. They have enough money to come through their promises, and and on their offers and it’s just make us more competitive with these other states.”

Scott’s goal is to create a groundswell of visible support. But when it comes to a quarter billion dollars, lawmakers aren’t going roll over without something in return including a guarantee they have a say on where that cash goes.

A four day trial over the Florida’s State Senate maps will wrapp up late this afternoon. Earlier this year lawmakers admitted they maps drawn in 2012 violated the constitution because they were designed to help the GOP. Lawmakers tried in October and November to redraw a map but failed. Now a circuit judge must decide if the map drawn by the League of Women voters or a map draw by State Senator Bill Galvano should be used. Galvano said after testifying that he may be willing to consider allowing the job to be given to an independent commission in the future.

“Our discretion has continued to be narrowed. And so we have very little room to move when we are in session. And if we do end up in court overtime we do it, maybe we do need to take a look at the process as a whole. But we do have a Constitution Revision Commission that’s just on the horizon, and perhaps we’ll take a look at all these issues with regard to reapportionment” Galvano said after testifying.

As lawyers made their final arguments this afternoon, the judge opined from the bench that he hoped future Floridians would benefit from the turmoil created by the redistricting trials.

Police departments around Florida often get criminals busted for drugs to cut deals and go undercover. They’re known as Confidential Informants or C-I’s. As Matt Galka tells us, the attorney who represented a high profile death of a confidential informant in 2008 says there needs to be stronger protections for people going undercover.

23 year old Rachel Hoffman was busted for marijuana and pills and agreed to go undercover for the Tallahassee police in exchange for leniency on her charge.  She was a confidential informant or CI…but was murdered during a botched sting operation in 2008.  Her case inspired Rachel’s Law which reformed Confidential Informant guidelines.  But 7 years later, if you were to ask how many confidential informants there are in Florida, you wouldn’t get an answer.

Lance Block represented the Hoffman family during a successful lawsuit after Rachel’s death.  He says the law needs to be strengthened.

“We don’t know how many deaths have resulted in deals gone wrong or retaliation,” he said.

Block wants to revive a bill that would require the FDLE to keep data on CI’s around the state.

The bill would also let people consult a lawyer before agreeing to a deal.

“99.9% of defense attorney’s would advise against it if they spoke with a client,” said Block.

State Attorney Willie Meggs says that discretion needs to be used in CI cases, but it’s a necessary program for getting bad guys off the streets.

“I don’t think you could work, legitimately work, drug enforcement or the intelligence we so desperately need without the use of CIs,” said Meggs.

Block says that without data, there isn’t really anything to point to in order to show just how effective confidential informants are. A bill has yet to be filed for 2016 and died in committees last year.

The man in charge of drawing new maps for the State Senate spent and hour and forty five minutes being cross examined today by attorneys for a coalition of voters groups who want to prove the maps were drawn with political intent to help Republicans. But as Mike Vasilinda tells us, both sides have problems with trying to help political parties.

Last summer, State Senators admitted they purposely drew maps in 2012 to help Republicans. The Constitution says they can’t do that.  Now they are in court defending their latest map drawing effort.

” I do” said State Senator Bill Galvano.

Bill Galvano is the only sitting Senator to testify. He’s the Senate Majority Leader, was in charge of raising money for GOP campaigns. He”s in line to be Senate President, and he headed the map drawing efforts. He was asked pointed questions by Voters Coalition Attorney David King.

You did a lot of work raising money, isn’t that right?’

“That’s right” he responded

The point that voting coalition lawyers are trying to make is that Galvano has a lot of reasons to draw a map to help the GOP.

“You created a new map, isn’t that correct sir? asked King.

“That’s correct”

“That’s what you did and it just so happens to be the one that performs best for the Republicans?” Right?

“Based on your exhibit.”

But the legislature also won a minor victory. Emails from the voting groups map drawer were admitted into evidence. In a deposition John O’Neill appeared uncooperative when asked about those emails.

“You said we can pick you seats. Whats; meant? Was we the Democrats?

“I have no recollection of this call.”

Jason Zakia, another of the legislature’s attorneys argued that if lawmakers can’t help one party, neither can the voting groups.

“And if the alternative being offered violates tier one of the Constitution, then clearly it is not better than our map.”

The first new map drawn by the State Senate had five pairs of Senators running against each other..The final map has none.

The trial is expected to wrap up on Thursday.

Both sides are hoping to get a ruling early next year. he case will then go to the State Supreme Court, which might not rule until March.

 

In 1960, Leander Shaw was one of the first African Americans to practice law in Florida. He went on to become the first  African American Chief Justice of the State Supreme Court. Justice Shaw died yesterday after complications from a stroke. And as Mike Vasilinda tells us, Justice Shaw lead efforts to protect a woman’s right to choose and the reform of the death penalty in the state.

In 1989, Justice Leander Shaw authored an opinion upholding the right of a minor to have an abortion. It put him on the anti abortion movement’s radar. Lawyer and activist Ken Connor rallied a crowd to vote against Shaw during an anti abortion demonstration at the Capitol.

“Should Justice Shaw be retained?”

“No”

A year later Shaw’s retention election became the first  openly contested up or down vote on keeping a judge in office.

“When you are asked if the Flordia Supreme Court should be retained, Just say NO!” Conner shouted.

Shaw won with almost 60 percent of the vote. After the election he says he win was a message.

“The message is that you should have an independent judicial system. Single issues should not come into skew the decision making processes.”

In July 1999, Florida executed Alan Tiny Davis. AP reporter Ron Word was a witness.

“There was blood all over his shirt, in the center of his chest, and also blood flowing out the side of his mouth.”

In a later opinion, Shaw, published photos of the bloodied inmate. It resulted in the US Supreme Court halting executions in Florida…which then switched to lethal injections to avoid having the death penalty declared unconstitutional.

Shaw become the first African American Chief Justice of Florida’s high court in 1990.

“As far as I am concerned personally, I don’t feel I carry the weight of minorities on my shoulders, particularily.”

Flags at the Supreme Court are at half staff, where the justice will lie in state in its rotunda  on Monday.

A memorial service will be held a week from today (next Tuesday). Justice Shaw’s final internment will be in Jacksonville.

Florida’s first medical marijuana law has been bogged down by legal challenges and there’s no medicine available almost two years after the law was passed. As Matt Galka tells us, more delays could be coming.

Five companies were awarded the first licenses to grow low-THC medical marijuana in Florida at the end of November.  The ones that lost out had three weeks to challenge the state on it.

When that deadline passed Monday, 13 challenges had been made. Taylor Patrick Biehl with the Florida Medical Marijuana Business Association says the delays were expected.

“There’s no telling how long of a delay this will cause, however, it could be two to three months, it’s certainly going to freeze the process up, but I have the utmost confidence in the Department of Health, I think they’ve done a great job thus far but it’s just a matter of sitting back and watching things unfold,” said Biehl.

Growers who had been awarded one of the five licenses say they’re frustrated. We spoke to Hackney Nursery owner George Hackney in the summer before he had secured the license for the northwest region.  We reached him by phone after the latest challenges were made.

“It’s frustrating, no doubt about it, but it’s part of the process,” he said.

One challenge was made in his region by Alpha Foliage – a company which had already been awarded a license in a different region.

“We’re going to really just continue to focus, though, as we told you before, on getting these naturally based therapeutic products to the patients of Florida as quickly as possible,” said Susan Driscoll, Alpha Foliage’s managing partner.

Legislators will consider expanding Florida’s medical marijuana laws this upcoming legislative session – and that could mean granting more licenses.

Growers of the low-THC medical marijuana are hopeful that the medicine will be available in the summer of 2016.

A Univeristy of Utah Political Scientist whose testimony in the Congressional redistricting case was called “suspect” by the Florida Supreme Court was grilled today in the Senate map case. Dr. Daodong Liu was called by the Senate as their expert. He testified hispanics need at least a 70 percent voting age population in a district to win and insisted blacks need at least 50 percent. On the stand, he floundered under questions from voters coalition attorney David King.

“You suggested here that it’s so important that black voting age population must exceed fifty percent, so in your report here, you don’t list what the black voting population is in the districts.” asked King.

Sot: Dr. Daodong Liu

Univ. of Utah Political Scientist

“No racial group is a majority, so they are a minority” responded Dr. Daodong Liu

“Well, can you tell me what that black voting age population is?”

King asked again.

“It’s less than 50 percent” responded the political scientist.

The district King was asking about elected an African American with only 36 percent black voting age population.

 

Florida lawmakers have already spent 12 million dollars drawing and defending the states congressional and legislative district lines only to have them ruled unconstitutional. As Mike Vasilinda tells us, the cost continued to grow today as the maps drawn for state senators go on trial.

State elections supervisors told the judge they would need approved maps no later than March to begin drawing new precinct boundaries in time for next year’s election.

Democrats outnumber Republicans by four hundred thousand registered voters in Florida.

Yet Republicans outnumber Democrats 26 to 14 in the state Senate. David King, the attorney representing a coalition of voters groups suing the legislature says the lopsided numbers are no accident.

“They did agree that they violated the Constitution when they adopted map 9030, the enacted map that they passed back in 2012” King told the judge.

After admitting their maps were draw to favor the GOP, the legislature tried but failed to adopt a new map. Now a judge will decide. The Senate has offered a map which would likely elect 23 Republicans. A voters group has a map that would split the Senate 20/20.

In opening arguments, Raoul Cantera, the Senate’s six hundred ninety five dollar an hour lawyer argued the map doesn’t have to be perfect…just constitutional.

“There’s more than one way to draw a constitutional map” said Cantera as he justified the Senate’s action of drawing a half dozen maps.

But the Attorney for the voters groups says the Senate’s latest map protects the GOP majority by packing some districts with more voters.

“We will present to you, your honor, in this case, to show that these plans do benefit the Republican  party, and that alternative maps perform more fairly” says King.

No matter what map the judge here chooses, the final decision will be with the Supreme Court. The trial is expected to last through Friday.

As the State Senate and attorneys for a coalition of voters groups argued over the validity of new maps for state senate elections, State elections Supervisors had their representative in the courtroom. They worry about having enough time to run next years elections.

Five growers around the state were officially selected to grow Florida’s first form of medical marijuana in late November. As Matt Galka tells us, those dispensers are getting their first look at state rules that will govern their growing of the low-THC cannabis.

The growers that Florida’s office of compassionate use selected to dispense medical marijuana got their first look at state rules Wednesday. Instead of discussion between the growers and the state, there was a lot of silence.

The draft rules ranged from dispensing requirements, to hygiene and odor control, to security.

“Now that we’ve given out the five approved dispensing licenses, moving forward we now have to ensure that they will continue to operate in a safe and law abiding manner,” said Christian Bax, the state’s director for the Office of Compassionate Use.

After looking at the rules, stakeholders in Florida’s capital said there weren’t many surprises. Susan Driscoll is the managing director of Alpha Foliage and also President of Surterra Therapeutics – one of the five companies selected by the state.

“This is very in line with the application, so at Surterra we feel very comfortable that we can provide safe, natural, helpful products to the patients of Florida,” said Driscoll.

Jeff Sharkey and Taylor Patrick Biehl cofounded the Florida Medical Marijuana Business Association and say that the state is still in a three week period where there could be legal challenges, so there could still be a long road ahead.

“That 21 days ends Monday, so we could certainly see some challenges,” said Sharkey.

Growers and the state are still hoping that the medicine could be available by next summer.

The companies selected had until 5 p.m. Wednesday to post a $5 million dollar performance bond. The Department of Health said four of the five companies had posted the money as of Wednesday afternoon.

More than one thousand bills have been filed in advance of Florida’s 2016 legislative session, and there’s still time to throw a few more potential new laws out there. Matt Galka spoke with one of the men who has control of what passes and what doesn’t – Florida’s Senate President – in advance of the lawmaking period.

Senate President Andy Gardiner sat down with reporters Tuesday morning and reflected a little on his more than 20 years in Florida politics.

“If you really want to make God laugh tell God what you have planned for your life. And certainly in 1999 I never thought I would run for the House, be a majority leader in the House, a majority leader in the Senate, and be blessed to be Senate President,” said Sen. Gardiner (R-Orlando).

The Orlando Republican is in his final term as Senate President with plenty of high profile issues on the table. He’ll leave it up to committees to decide about gun bills like one that would eliminate a ban on guns on college campuses.

“My only discussion with members is not one way or the other, but I said if we are going down the road of eliminating exemptions, at least for this building that exemption should also be eliminated,” he said.

Regulating ride sharing apps like Uber are also high on his chamber’s list. He says insurance requirements are focal point.

“Our role should be to encourage that technology, but to make sure that the residents, God forbid something happens, understand what the liability pieces are,” said Sen. Gardiner.

Gardiner was thankful that one of his top priorities is likely to pass. The Senate President has been adamant about reforms aimed at helping people with disabilities.

“I talk about it a lot but, it’s not a victory for Andy Gardiner.  It’s really a victory for the families that, whenever they are told they have a child with a unique ability, it’s a victory for them,” he said.

Gardiner says he expects disagreements in 2016 and that’s “part of the process” but he says it would be a disservice to voters if he or any other legislator simply came to the capitol and simply rubber stamped anything.

Legislators still have until noon on January 12^th to file new bills.

Blackjack and other card games could soon be joined by roulette and craps at the Seminole Tribes casinos in Florida. Governor Rick Scott concluded more than a year of negotiation last night. As Mike Vasilinda tells us, the deal faces some criticism for expanding gambling and issues around dog and horse tracks need to be worked out by lawmakers.

The newly negotiated deal will give the Seminole tribe exclusive rights to black jack for another 20 years and add roulette and craps to the mix of games the tribe can offer.

Governor Rick Scott says of the signing: “This is a historic day.”

Scott says the compact will give the state 3 billion over seven years. The old deal brought the state a billion over 5.

“And I took the time to do a historic compact. It is a good compact for the state. Again, I respect the decision of the legislature.They’ll make the final decision” says Scott.

The current deal excluded two of the Tribe’s seven casinos…those casinos will start offering the banked games once the deal is ratified by lawmakers. Senate President . Andy Gardiner says opinions on the deal will start to roll in. “Really, over the next three or four days as everybody starts reviewing it, you’ll see where the different opinions are. And I’m sure there’ll be a lot of opinions on it” says the Senate President.

Back in October, both the Tribe and the State sued each other in Federal court. those suits will remain in play, just in case lawmakers balk at the deal.

In a statement, Tribe Chairman James Bille also called the deal Historic and says it will create up to 15 thousand jobs.

But No Casino’s Inc says the deal breaks a trust with Floridians.

“We’re obviously disappointed that the compact provides for the expansion of gambling, both on and off of Tribal property” John Sowinski.

Sowinski says cash earned at a casino is not new to the economy. “A dollar spent in a casino is a dollar not spent in a movie theatre and in a restaurant.”

Under the deal, lawmakers could expand slots in South Florida and change how dog tracks operate.

In a letter delivering the deal to lawmakers, the Governor says the compact “represents an unprecedented level of cooperation between the State of Florida and the Seminole Tribe of Florida.”