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Child welfare is a mixed bag for Florida’s Children. The new Kids Count survey, which measures 16 data points, shows Florida improving in some measures and declining in others. As Mike Vasilinda tells us, poverty and drugs are two reasons for the stagnation.

Nearly one in four children in Florida live in poverty. The ranking hasn’t changed since 2010. USF Researcher Noreen Dollard says the lack of resources leads to other troubles.

“You know, kids don’t develop cognitively as quickly. It has implications related to domestic violence” says Dollard.

The Kids Count study also found that three out of five fourth graders cant read well, and that three out of four eight graders are not proficient in math. Children’s Campaign founder and CEO Roy Miller says the focus on kids has to go beyond just school safety.

“We can’t allow the conversation about children to be only about one issue: what’s going on in our schools” says Miller

The well being of children has improved five notches over the last 25 years, but thirty-nine states are still doing a better job than Florida.

Alisa LaPorte, speaking for The National Alliance for Mental Health (NAMI Florida) says a boost in funding for school based mental health programs following the shooting in Parkland is a step in the right direction.

“But it took a tragedy to make it happen. It shouldn’t have to be like this. Mental health is so intertwined with so many areas of our budget: juvenile justice” says the Executive Director.

And the increasing number of parents dying from opioids is a major reason more young women are ending up in detention says Delores Barr Weaver Policy Center CEO Lawanda Ravoira.
“They don’t know how to express that grief. So they begin to act out. They lash out” she says.

Despite all the bad news, advocates say the fact the state moved up five notches is proof it can do better.

Two bright spots in the report: The number of kids involved with the Juvenile Justice system has decline dramatically due to civil citations, and Flordia ranked  8th in the nation in the number of three and four year olds in Pre-K.” 

Governor Rick Scott and the state’s three Cabinet members are asking a federal appellate court to stay a ruling that Florida’s Clemency process is unconstitutional. As Mike Vasilinda tells us, in 2005, the same court where the appeal was filed ruled the state process was legal.

In his ruling declaring the clemency process unconstitutional, Federal Judge Mark Walker cited the case of Steven Warner.

“And why did you vote illegally?” Asked Governor Rick Scott.

It was his response that got the judges attention.

“Ah, I applied for voting rights and actually voted for you” Warner shot back.

In it’s appeal, the state says there was no favoritism even if Warner did get his rights back after saying he voted for the Governor because two other board members had to go along.

“I move to grant restoration of civil rights” motioned Scott.

“Agreed” 

“Agreed” said two of the three members.

In its filing, the state says far fewer people who are given their rights back go back to prison, because they are making better decisions.

It cites statistics showing out of the 36 thousand who got their rights back prior to the new system, 11 percent ended up going back to prison. But since 2011, 43 hundred got their rights restored. Just 10 went back to jail.

Human Rights Attorney Mark Schlakman: “The disparities are off of the charts.”

Mark Schlackman says those numbers may not work in the state’s favor, even though the appeal was filed with the 11th Circuit in Atlanta. That’s the same court that upheld Florida’s system in 2005. 

“And the numbers are so strikingly low, it’s entirely possible the court may depart from it’s precedent” says the human rights expert.

The appeal isn’t likely to be settled before voters decide the fate of the Clemency process in November.

In filing the appeal, the state is also delaying a potential flood of new voters who would have had their rights returned under the court order.

Amendment four collected more than 840 thousand signatures to get on the November ballot. A February poll shows the Voter Restoration Amendment with 71 percent approval, with only 22 percent opposed.

Five of Florida’s seven behavioral health managing agencies are joining the wave of lawsuits against Big Pharma for its part in the opioid crisis.

The lawsuit blames the industry for misleading marketing practices, which contributed to the over prescribing of painkillers.

The Apalachee Center in the State’s Capitol is on the frontline of the opioid crisis.

Dr. Jay Reeve runs the center. He’s says over the past 5 years, opioid addicted patients have gradually become a bigger part of the center’s overall costs.

“Between 15 and 18% of all the folks that come into our detox unit are coming because of opioid related issues,” said Dr. Reeve.

The funding for the center is distributed by Big Bend Community Based Care led by Mike Watkins.

He says state and federal funding hasn’t kept up with the growing cost of the crisis.

“We have about 15 people a day dying in the State of Florida for opioid abuse and those monies aren’t coming even close to the expenses that we’re barring,” said Watkins.

Big Bend is one of five managing agencies in the state have filed suit against Big Pharma. They want to collect the cost of treating addicts. The suit blames drug makers marketing practices for the rampant overprescribing of opioids.

“The manufacturers and the distributors worked very specifically to market a product that was unsafe,” said Watkins.

The result? More addicts. Which means more people are in need of services and tax payers are on the hook for the costs.

The exact cost to tax payers hasn’t been calculated yet, but nationwide the crisis is believed to cost more than $100 billion a year.

All but two of the managing agencies in the state have signed on to the suit.

The last two, Miami and Broward are expected to join in the near future.

More than 200 cities and counties across the country have also filed lawsuits blaming Big Pharma for costs associated with the opioid crisis. Attorney General Pam Bondi is also investigating the companies, which could result in a suit on behalf of the state.

For three hours this morning, state officials listened to angry family members upset over proposed changes that would make Florida the most restrictive state in the country to visit a prison inmate. As Mike Vasilinda tells us, family visits could be cut from as much as 12 hours a weekend to as little as four hours a month.

“Visitation, when do we want it, every damn day” chanted protestors.

As many as two hundred people, mostly wives, girlfriends and children, showed up to express their anger over a proposed new rule that would restrict prison visitation.

“Florida is about to lead the way to be worst and least accessible visitation in any state prison system” they were told by organizers.

Currently, families can visit as long as six hours a day on weekends and holidays. The D-O-C says short staffing and an increase in contraband are forcing the change, which  would limit visitation to as little as two hours, twice a month.

Krystal Lago of Spring Hill nearly broke down.

“My kids look forward to spending time with their father… excuse me” she said as she wiped her face. Others nodded in agreement.

Sarah Chancery made the trip from Plant City.

“I think it will increase violence. I think it will not affect the proposed issues at all” says Chancery, who had a young daughter in tow.

And a plan by the department to create video chats is raising big concerns.

Many fear the video chats are the beginning of the end of in person visits.

Shirley Reed came from Jacksonville. Her grandson is in prison and she visits regularly.

“We need that hug. We need that kiss. We need for our family members that’s locked up to see us, hold on to us, kiss us” says Reed.

The prisoners families are expected to challenge the change if and when it is implemented.

“Visitation! When do we want it? Every weekend!” Chanted those who waited for buses home.

April is Child Abuse Awareness Month and to spread awareness for the cause First Lady Ann Scott led this year’s Pinwheels for Prevention event with a group of students.

A pinwheel garden was planted in the Governor’s Mansion lawn in support of the annual awareness campaign.

The blue and silver pinwheels are meant to represent safe, happy and healthy childhoods. Chris Lolley is the director of prevention services at Prevent Childhood Abuse Florida. He says during the month of awareness, Floridian’s are urged to pay attention and take action to prevent child abuse.

“There are lots of different ways to volunteer, mentor children, mentor families. People donate goods and services all the time, food, clothing. Help people when they need it,” said Lolley.

In 2010 an estimated 51,920 children were victims of neglect or abuse in Florida.

After Parkland, some Florida cities and counties have moved to tighten local gun laws, but state law prevents them from making the change. Now, nearly a dozen Florida cities are seeking to have the ban on local preemption declared unconstitutional.

The preemption by the state for enacting tighter gun control measures dates back to 1987.

Many municipalities ignored it, until 2011, when lawmakers placed tough penalties for local officials who passed stiffer gun restrictions, despite the law.

Local officials can be fined $5,000, be held personally responsible for any lawsuits and face removal from office.

Those penalties were supported by the NRA.

“Uniformity is important because we are a mobile society,” said Marion Hammer with the NRA.

In the wake of Parkland there has been a growing number of local governments seeking  to enact bans on high capacity magazines and assault rifles.

Now, 10 jurisdictions are suing the state, arguing the 2011 penalties are unconstitutional.

It’s an argument supported by Gubernatorial Candidate Philip Levine.

He fought the state after passing a local assault weapon ban as mayor of Miami Beach.

“Those mayors are fantastic, they’re brave, they’re doing the right thing,” said Levine.

The Governor’s Office says it’s reviewing the lawsuit.

It’s unclear what, if any retaliation the cities listed in the suit might face.

The NRA calls the lawsuit childish. It’s also calling on the Governor and Legislature to continue holding local government officials accountable.

“That’s like children saying I know I did something I wasn’t supposed to do, but you shouldn’t punish me,” said Hammer.

Other cities and counties are expected to join the lawsuit going forward.

If the lawsuit doesn’t side in the local governments’ favor, a ballot initiative is being spearheaded for the 2020 ballot that could put the question of assault weapons and high capacity magazines in front of voters.

Imagine water from your toilet, ending up in the sink you drink out of.

Legislation dubbed by environmentalists, “Toilet to Tap” and approved by lawmakers would set standards for reclaiming waste water and pumping it back into the ground.

An ever-growing demand for water has put a heavy strain on the state’s aquifers.

Sponsors say pumping reclaimed water back into the ground could help future supply issues.

The problem according to environmentalists and health experts… the reclaimed water is treated human waste water.

While the water is treated and cleaned, opponents say certain contaminants like medications and nutrients still end up in the final product.

Aliki Moncrief, Executive Director of the Florida Conservation Voters says the nutrients threaten the health of Florida’s 700 springs which are fed by the aquifers.

“We’re talking about putting water down there that has higher nutrients than our springs can allow. We should think twice about that,” said Moncrief.

Dr. Ronald Saff with Physicians for Social Responsibility says trace amounts of medications left in the water could have negative health effects for the 90% of Florida residents who rely on the aquifers for drinking water.

“There have not been filters that have been invented that have been shown to be effective. I think nobody wants to drink filtered poopy water,” said Saff.

The Governor has received more than 3,000 signed petitions asking him to veto the toilet to tap bill.

He has has until April 10th to make a decision.

As part of the 2018 Budget Governor Rick Scott asked for and got $50 million for springs restoration.

The Governor’s office says Scott is reviewing the legislation and is “focused on protecting Florida’s environment.”

Lawmakers may be returning to Tallahassee sooner than later. The issue… Gaming.

Legislative leaders have confirmed a $60,000-a-day special session is in the works for as soon as mid-April.

Gambling reform has failed in the State Legislature for the past decade.

This year there was a sense of urgency to get something done because a constitutional amendment slated for the November ballot would require lawmakers to put any changes to the state’s gambling laws in front of voters.

“If that amendment were to pass it would severely restrict the ability of the Legislature to make decisions on how we move forward,” said Senate President Joe Negron when asked about the No Casinos amendment in February.

In addition to the amendment, a deadline set to pass at the end of the month will allow the Seminole Tribe of Florida to stop their more than $300 million annual payments to the state if the tribe feels the state isn’t holding up its end of the deal in state’s 25-year compact with the tribe.

House Speaker Richard Corcoran has warned if the tribe were to completely stop paying the state, between $390 and $441 million in General Revenue would have to be redistributed to make up the cost.

The Seminole Tribe could reduce payments over perceived violations of the tribes exclusivity to certain card games and slot machines.

Attorney Barry Richard represents the tribe.

He says the idea that  payments would stop outright is unlikely.

“The tribe doesn’t operate that way. They’re going to do what they think is reasonable given what their rights are and what the economic impact is upon them,” said Richard.

The sentiment was shared by next-inline for the Senate Presidency Bill Galvano this spring

“I feel like they still want to be partners with the state and realize there’s a value to working with us,” said Galvano.

Before any deal is approved by the Legislature, the tribe will have to be onboard if lawmakers want to ensure it continues to pay.

Students may soon be able to take computer science courses under a bill awaiting the governor signature.

The idea to create greater access to computer science education in Florida schools first came from a 14 year old in 2015.

Originally the proposal would have allowed computer courses to be used in lieu of taking a foreign language.

A bill now awaiting the Governor’s signature would require schools to offer computer scene courses, but instead of replacing a foreign language, students would be allowed to replace a low level math or science course with the computer course.

Incentives would also be offered to teachers who become certified to teach the classes.

“What those incentives are designed to do is to have teachers who may be teaching other subject areas get that additional training so so that they can then teach computer science courses,” said Andrea Messina, Executive Director of the Florida School Boards Association.

The bill also clarifies that it’s illegal for any school district employee to have a romantic relationship with a student who has turned 18, even if they consent.

The legislation also implements new standards to ensure incidents are reported and shared among schools.

“We have to be able to criminalize that behavior and be able to go after those bad teachers that are taking advantage of the circumstance and molesting these students or having sex with them,” said Barney Bishop with the Florida Smart Justice Alliance.

The Governor has until April 10th to sign the Legislation.

The bill also allows students enrolled in AP courses to forego End of Course exams.

Democratic Gubernatorial Candidate Philip Levine was in the state’s capital city today speaking to a crowd of political movers and shakers.

Levine touted his achievements as Mayor of Miami Beach, which include implementing infrastructure improvements to combat sea level rise, raising the minimum wage in the city and passing a local assault weapons ban.

He said he would fight to do the same for the state as Governor. The assault weapons ban passed in his city was preempted by state laIf elected Governor, Levine says he plans to put more control in the hands of local governments.

“Government works best that’s closest to the people and I believe that’s what we need to get back to. I know another system that didn’t work out too well was the Soviet Union System where basically you had central planning from Moscow and they told everyone what you’ve got to do for the next five years,” said Levine. “That does not work. Local communities need to be given their rights and their opportunities to say what’s best for them. One size does not fit all.”

Levine is ahead of other Democratic candidates in a recent poll conducted by Public Policy Polling. Levine has 22% of the vote, but 46% of voters have yet to get behind a candidate.

Increased penalties for animal abusers will take effect later this year under legislation signed by the Governor.

When Travis Archer led police into his back yard last year they were horrified by the scene they came upon.

“The dog was gagged, bleeding from the mouth and dead,” said Representative Thomas Leek.

Archer is charged with felony animal cruelty and is awaiting trial. He faces up to five years in prison.

Kate Mcfall with the Humane Society says, the tragic death of Ponce, Archer’s 9-month-old Labrador retriever sparked outrage in the community.

“The public is behind this. It was a wave of support,” said McFall.

That outrage resulted in Ponce’s Law, signed by the Governor on National Puppy Day.

It raises felony animal cruelty from a level 3 to a level 5 offense.

While the increase doesn’t guarantee an offender does time in prison, it makes it more likely if other charges are combined.

“It’s a predictor. People who commit animal cruelty are very, very likely to commit cruelty to violence to humans, children,” said McFall. “In the coming years we will see even more and more momentum to perhaps make this a second degree felony.”

The law also gives judges the option to prohibit users from owning or even having contact with animals for a period time.

McFall says enforcing those court orders will take community involvement.

“People, advocates, just neighbors, people in the community, if you see something just say something,” said McFall.

The bill signed by the Governor also includes new requirements for animal shelters in the state to take extra steps to locate owners of lost pets after hurricanes.