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Lawmakers Tout Criminal Justice Reform Legislation for 2018

November 15th, 2017 by Jake Stofan
A bi-partisan coalition of state lawmakers and criminal justice organizations touted new Legislation aimed at improving the state’s sentencing laws this afternoon.
The press conference discussed three bills filed which would give judges the option to of handing out a sentence lower than the mandatory minimums set for certain drug crimes.
It’s a luxury already granted to prosecutors.
“I think that that shows you the kind of dedication you’re seeing and the kind of leadership you’re seeing on this issue. When you have the presiding officers from both of these chambers for the last many years stepping up and saying it’s okay to talk about criminal justice reform, it’s okay to be bold on these ideas,” said Senator Jeff Brandes.
Legislation has also been filed that would end the practice of suspending drivers licenses when a person fails to pay a fine because they can’t afford it.
Another bill would raise the monetary value of stolen property to qualify as a felony from $300, to $1,500.

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Senate Backs School Funding Boost at Local Taxpayer Expense

November 15th, 2017 by Mike Vasilinda

Governor Rick Scott’s final budget is asking for a two hundred dollar per student increase. Nearly six hundred million of the increase would come from local taxpayers in what is know as the Required Local Effort, or RLE. The plan doesn’t’t increase property owners milage rates, but it does use the growth in property values to fund schools. Senate Budget Chair Rob Bradley says that doesn’t qualify as a tax increase.

“We’re very committed in the Senate to K 12 education. A very important part of that commitment is making sure we have the RLE. And so, it’s not a tax increase. We agree with the Governor” Bradley told reporters after his first meeting as budget chair.

Whether or not paying more is a tax increase or not has been a point of contention between lawmakers last year and the year before.

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Senate Employee filed Sexual Harassment Complaint

November 14th, 2017 by Mike Vasilinda

A woman who has filed a sworn complaint against Clearwater Senator Jack Latvala continues to work for the Florida Senate. As Mike Vasilinda tells us, the woman’s attorney is concerned about retaliation against her client.

Senate Committee rooms were empty and locked Tuesday morning. One Senator called it unusual with a legislative session starting in seven weeks. The slowdown comes as Senators grapple with a now formal sexual harassment allegations against Clearwater Senator Jack Latvala.

“I believe you called him a  “bombastic bully?” We asked.

“ I did say that.”

 

Tiffany Cruz is the attorney representing the woman who filed the complaint. The woman continues to work for the Senate.

“She’s going to do her work as long as she can do her work without any retaliation coming to her. She’s a strong woman” says Cruz.

Latvala denies the allegations, The Senate has hired the Tampa law firm Jackson Lewis, which specializes in representing employers. Lawyer Cruz says an action against the Senate hasn’t been ruled out.

“That’s certainly a right that she has. Its available to her, and she enjoys her work and she serves the people of Florida and that’s what she likes to do” Continued Cruz.

Latvala was behind closed doors. His attorney has asked that  the Senate Rules Chairman Lisbeth Benacquisto be disqualified from the investigation based on our interview with her last week.

 

“Have you received a sworn complaint?”

“I have” she told us.

Latvala’s lawyer argues Benacquisto violated Senate rules by verifying that a complaint had eve been filed.

And the Senate President Presidents office says the rules Chariman won’t have to disqualify herself.

The woman who filed the complaint has yet to be interviewed by the Senates Law firm.

The attorney is also worried lawmakers are fast tracking the investigation to get it over with before the session starts in early January. She believes that will keep witnesses and victims from coming forward if they believe Latvala could regain his powerful chairmanship.

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State Funded Pro-Birth Clinic Legislation Moves Forward, But Not Without Spirited Debate

November 14th, 2017 by Jake Stofan
A bill to use state funding for pregnancy care created a stir before passing through a Florida House committee Tuesday morning.
More than 45,000 Floridians were served by 105 pregnancy centers around the state in 2016.
The state’s been diving out about $4 million each year to the program, lawmakers are looking to make the funding permanent.
Part of their contract with the state forbids providers from pressuring patients with religion. Testimony before a House committee Tuesday morning suggested some clinics may not be following the rules.
“The only thing I felt would help me get out of that tiny room as fast as possible was to agree with everything that the woman was saying. “You believe abortion is a sin, right?” This woman met me five minutes ago, who was she to ask me this,” said FSU graduate student Jennifer Rodriquez, recalling her experience at a clinic.
Since the state started funding the Florida pregnancy care network, no formal complaints have been received.
In the meeting, a care provider admitted to offering religious materials and guidance to those who requested them.
“We’re going to try and encourage them to make life affirming choices, but again anybody can walk out of our office anytime they want to and no one has to come back,” said Ryan Sprague, CEO of Pregnancy Help Information Center in Tallahassee.
But he added the clinic doesn’t bill the state for those visits, which are technically allowed.
Democratic representatives say in addition to religious concerns, the centers limit the choices of women.
“We heard from a clinic provider that he doesn’t even provide contraceptive alternatives,” said Representative Lori Berman.
Bill sponsor Jackie Toledo says women looking for those options can go somewhere else.
“These centers are to promote child birth,” said Toledo.
The Florida pregnancy support services program never had to bid for state contract. If the bill becomes law they would keep it indefinitely.
The bill heads straight for the House Floor after being approved by only a single committee.

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State Democrats Looking to Increase Affordable Housing

November 14th, 2017 by Jake Stofan
With more than 1 million Florida households spending more than half of their income on housing State Democrats want more affordable housing.
The urgency has increased  with the influx of Puerto Rican refugees headed to the state after Hurricane Maria.
A press conference backed by 30 groups announced new Legislation to take back money from the Sadowski Trust Fund.
The fund was created by the Legislature in 1992 to go towards increasing affordable housing, but it’s been consistently swept, with more than 1 billion dollars funneled out of the program in the past decade to make up for shortfalls in the annual budget.
The new bill would prevent the funds from being used for anything but their intended purpose.
“It’s time we stop the sweeping of the affordable trust fund. We’ve got to produce homes that will last far into the future for our families and prevent this self inflicted crisis from getting worse,” said House Sponsor Representative Sean Shaw.
The Governor’s 2018 budget proposal calls for 115 million dollars to be taken from the Sadowski Trust Fund for other purposes.

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Florida Chamber Wishlist

November 14th, 2017 by Mike Vasilinda

The Florida Chamber listed 41 priorities for lawmakers this coming year. The wishlist is topped by ending insurance abuses,  worker compensation insurance costs. Chamber President Mark Wilson says dealing with the future growth of the state is a must.

“We’re gonna grow by five and a half more people. We’re going to add fifty million more visitors. And we’re going to add five million more drivers, and so when we look at infrastructure, when we look at water, when we look at the environment. when we look at energy, the bottom line is that we need twenty percent more water by the year 2030, and the focus of the Florida Chamber is to work with the legislature to cocoa on what the science says we should do” wilson told reporters.

The Chambers list for 2018 is ambitious. It was asked whether the ongoing sex scandals would make it hard to get anything done. Their reply. The Governor, Speaker, and  Senate President can agree on anything and get it done.

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FSU Death Still Under Investigation

November 13th, 2017 by Mike Vasilinda

Greek organizations at Florida State University remain unable to participate as a group in this weekends homecoming events. As Mike Vasilinda tells us, there is also one fewer fraternity on the FSU campus.

20 year old Andrew Coffey was at least the 136th person who has died in the US as a result of hazing. The deaths date back to 1838. Coffey died a mile from Campus after a night of drinking.

The Greek letters at the Pi Kappa Phi fraternity have been removed. The Fraternity’s charter was revoked Frida by it’s national organization. It sited violations of social event policies the day Coffey died.

The death led FSU President John Thrasher to cancel all greek activities indefinitely.

“Have you spoken with the family?” we asked.

“I talked to the mom Friday night the day the young man passed away.. And I had a very…a conversation that was private and serious. I’ll just leave it at that” said Thrasher.

Trouble is not new to the fraternity. Last year, the chapter at the University of South Florida was suspended after a 16 year old girl was raped.

9 Pi Kappa Phi chapters remain active in Florida.

The remaining 54 Fraternities and Sororities here at FSU remain banned from taking part in any homecoming activities this coming weekend.
Asked for how long the suspension of Greek activities will last, FSU President John Thrasher said it was up to the Greek organizations to come up with what he’s calling the new normal.

“Not long. I hope really no long. A lot of things can happen in a very short time, if we get the cooperation of everybody, and I think we will” says President Thrasher.

Coffey’s death remains under investigation.

While Pi Kappa Phi has had its troubles, it has also produced two former Supreme Court justices in Florida, as well as the former CEO of Public, M. Clayton Hollis. University of Florida Alum Ben Hill Griffin, for whom the football stadium at UF is named, was also a member of Pi Kappa Phi.

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Three Bills, One Goal: Loosen Florida’s Mandatory Minimum Laws

November 13th, 2017 by Jake Stofan
Certain drug crimes come with mandatory minimum sentences meaning when a person is convicted, they have to serve a minimum term by law.
Some Florida lawmakers say the policies don’t work and are over crowding the state prisons, costing tax payers millions of dollars.
Three proposals in the Legislature would give judges the option to give out lesser sentences.
Housing more than 100,000 inmates costs Florida tax payers $2.4 billion a year.
Thousands have been given mandatory sentences for drug dealing…in some cases, for small amounts.
“It’s become a prison industrial complex. It’s very very costly,” said Dominic Calabro, President of Florida Tax Watch.
Now, Legislation filed for the 2018 session would allow judges to divert from minimum mandatory sentences for certain drug charges.
“This is a good way of giving judges appropriate digression, saving tax payers money,” said Calabro.
One proposal allows judges to reduce sentences for the lowest mandatory minimums of 3 years.
A second bill, Sponsored by Senator Jeff Brandes, would apply to all drug related mandatory minimums, but only for non violent first offenders.

A nearly identical bill has also been filed in the House, but it would only allow judges to reduce mandatory minimum sentences to 1/3 of their original  length.
Opponents argue current law sets possession amounts so high, no average users ever get a mandatory minimum.
“I mean for pot you’re talking about 25 pounds of pot, up to 200 pounds of pot,” said Barney Bishop with the Florida Smart Justice Alliance.
But there are examples of individuals selling or in possession of opiate prescriptions.
When measured by weight, relatively small amounts can result in lengthy prison sentences, even for a first offense.
“Our bill simply allows judges to look at the individual facts of the case and figure out whether he’s dealing with a drug kingpin or an addict,” said Senator Brandes.
An estimated 1,500 Florida prisoners behind bars for selling painkillers have never previously been imprisoned.
They’re costing tax payers more than $29 million each year.

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Graphic Design Company Helps Florida in it’s Goal of Being the Most Veteran Friendly State

November 10th, 2017 by Jake Stofan
Florida bills itself as the most veteran friendly state in the nation.
For the last 94 years in the state capital, a parade is held for Veteran’s Day.
Skip Smelko and his wife Melode own Altura, a graphic printing company in the the state capital.
Three years ago Skip decided to use the companies resources to help out the parade, but Skip wanted to do more than decorate a float.
“So we decided to pick a veteran every year to honor,” said Smelko.
Each year, their, “Hometown Hero” veteran receives a care package catered to their needs.
“I had an idea to buy a veteran one of these track chairs. Like a bulldozer wheel chair and we did that for our first veteran our first year,” said Smelko.
This year the parade’s theme is veteran’s families.
The Smelkos chose Tina Reason to sponsor.
She comes from a military family and used her 25 year background in social services to create an organization dedicated to helping veterans.
“If we can save one life then we’ve done our job and Sacred Soil for Veterans has stopped 11 suicides,” said Reason.
Tina will ride on the Hometown Heroes float with her son, who is an active duty member in the Marine Corps.
He just returned back to his hometown from deployment this earlier week.
While the folks at Altrua do their part to make the State Capitol a great place for veterans, lawmakers over the years have implemented numerous policies to make the state one of the most welcoming to service men and women.
Navy veteran and company employee, Rich Dye says veterans tax exemptions, discounts on services and aid for disabled veterans reflect the state’s dedication to its vets.
“I think Florida has a little more focus on veterans than other states I’ve lived in,” Dye said.
Since getting involved with the parade Altrua has donated around $50,000 to veterans.

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FSU Seminole Guard Holds Vigil at Florida’s Vietnam Memorial

November 10th, 2017 by Jake Stofan
At the veteran’s memorial at the state Capitol each year, FSU’s Seminole Guard ROTC program carry out a tradition that goes back decades.
The Guards members march in hour long shifts past the names of Florida soldiers who lost their lives in the Vietnam war. Jacob Roberts is leading this years vigil.
“So as a senior I’ve done this for the past 4 years and just being able to lead it and just see all of these freshman through seniors come up and respect their veterans. It just means a lot. It’s a really deep gratitude that I have,” said Captain Jacob Roberts with the Seminole Guard.
The Seminole Guardsmen stay posted at the memorial for a full 24 hours leading up to the Veteran’s day parade in the capital city.

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Vigil Held For Patrick Hannon

November 10th, 2017 by Jake Stofan
Convicted of a double murder in 1991, Patrick Hannon was put to death last night at 8:38 pm.
It marks the 25th inmate put to death under Governor Rick Scott.
This afternoon at the state Capitol a vigil was held for Hannon in protest of the death penalty.
Members of Tallahassee Citizens Against the Death Penalty read from a prepared statement, “We are here to remind the citizens of Florida that Patrick Hannon was a human being, like the other 25 people executed under our present Governor. We are here in the name of justice, to protest this violent act committed in our name and to say that this was not an act of justice.”
Hannon was exempt from being retried, despite lacking a unanimous jury decision in favor of death because he was convicted before 2002.

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Supreme Controversy

November 9th, 2017 by Mike Vasilinda

On November first, we reported on a case at the Supreme Court that could reshape the court itself, depending on who gets to appoint three justices in early January. Now as Mike Vasilinda tells us, a conversation on the bench after the case was over is creating a Supreme controversy.

As lawyers were leaving the Supreme court after arguing about the Governors power to appoint future justices.  Chief Justice Gorge Labarga leaned over to Justice Barbara Pariente, not knowing his microphone was still open.

“He can’t be there. Panuccio.” Larbarga is heard to say.

The audio then tape goes silent, and comes back, as Labarga is again heard saying:

“Izzy Reyes is on there. He’ll listen to me.”

While the audio is not clear, the two appear to be discussing a list on nominees to the Judicial Nominating Commission… That’s the commission that will name potential replacements for the judges retiring in January.

“He can’t be there. Panuccio.”

The reference to Panuccio is to Jesse Panuccio, a former lawyer for the Governor.

“Izzy Reyes on there. He’ll listen to me.”

Izzy Reyes is a member of the nominating commission.

The Governor this week asked for the documents and the audio recording.

“Lets find out what was going on. We expect our judges to be impartial, we expect simply do their job.  And we’ve done a records request to see what document were they talking about, what were they talking about, so its incumbent everybody to understand what was being discussed” Scott told reporters.

Q:”What do you think happened?”

“We’ll find out once we see the documents.”

We asked several high ranking lawmakers for their opinion, but nobody wanted to touch this supreme controversy.

The Governor could ask the judges to disqualify themselves from the case. A spokesman for Rick Scott said “Our office is evaluating the best path forward and all available options.” .

All of the material the Governor requested has been provided to his office according to an email from the Supreme Courts Public Information Officer.

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Latvala Takes Polygraph, Senate Names Investigator

November 9th, 2017 by Mike Vasilinda

A lawyer for embattled State Senator Jack Latvala today released results of a polygraph which purports to show Latvala answered truthfully when he denied sexually harassing employees in the State Senate. At least on formal complaint has been filed. Lawyer Steve Andrews has yet to receive the complaint, which he says puts his client at a disadvantage.

“So I don’t know what else the Senator can do. He’s denied it. He’s voluntarily taken a polygraph. And everything we could identify from the Politico article  he was polygraphed on at his insistence. So, I don’t what else we can really do. I would hope the Senate, in the rules procedure, say any complaint witness should be recommended to give a polygraph” says Andrews.

Q:”So you’d like who ever is complaining to also take one?”

“It would seem to be fair.”

The Senate today, also selected selected Jackson Lewis, a nationwide employment law firm, to conduct the investigation.

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First Official Harassment Complaint Filed Against Latvala

November 8th, 2017 by Mike Vasilinda

A formal complaint has now been filed, charging embattled State Senator and gubernatorial candidate Jack Latvala with sexual harassment. As Mike Vasilinda tells us, the Clearwater Senator has hired a law firm.

The Andrews Law firm is know for it’s scorched earth, win at any cost policies. Attorney Steve Andrews has written the Senate President, asking for retired law enforcement to investigate claims of sexual harassment and a retired judge to determine probable.

“I’m concerned about a fair shake for anybody because this is a spear thrown at the heart of our electoral process. Because if you can influence a campaign without some accountability or investigation, its a sinister thing” says Andrews.

Andrews first questioned the Senate’s opening an investigation over the weekend based on  a report by the political website Politico. That issue is now irrelevant.

Q:”Have you received a sworn complaint.”

“Yes, yes I have” Senate Rules Chairman Lisbeth Benacquisto told us.

We asked for a redacted copy of the complaint. We were told it could only be made public at this stage under Senate rules if Latvala were to ask for its release.

Earlier this spring, state lawmakers passed a bill exempting personal information about state employees who come forward with sexual harassment  complaints. the idea was to make sure more people would come forward.

With the complaint, Latvala’s lawyers say they now know who they are fighting.

“We can confront an accuser” says Andrews.

 

We asked Rules Chairman Lizbeth Benacquisto about a timetable.

“Can it be wrapped up before the start of session. we asked.

“Certainly that is our desire so we can be singularity focused on the work that is before us” says the Senator.

Latvala was in his Senate office Wednesday, behind closed doors. The Senate expects to select a law firm by next week.

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Conversations Surrounding Sexual Harassment Continue to Consume Attention in the State Capitol

November 8th, 2017 by Jake Stofan
Lawmakers at the State Capitol continue to prepare for their annual session in January,  but the preparation is taking second stage to concerns about sexual harassment after one Senator resigned after sleeping with a lobbyist, and another was accused of sexual harassment by multiple women.
The subject  of sexual harassment came up at nearly every group interview.
“If anyone comes forward, sure I’ll be there as a woman and as a human being to protect them,” said Attorney General Pam Bondi.
The Sexual harassment charges leveled at powerful state senator Jack Latvala continue to consume attention at the Capitol. Pressure is building for Latvala to resign
“If anybody’s done anything wrong they shouldn’t be serving,” said Governor Rick Scott.
State Senator Lizbeth Benaquisto is one of two State Senators assigned with the task of improving the Senate’s sexual harassment reporting policy.
She says despite the scandal attracting a large portion of media coverage, business among lawmakers is unaffected.
“We’re addressing issues. We’ve had vigorous discussions about hurricanes, opioids,” said Benacquisto.
But accusations have shaken up leadership in the Senate. Latvala has  been removed from the chairmanship of the senate appropriations committee. He’s been accused of sexual harassment by seven women. Latvala’s staff told us he was in town Tuesday, but we were unsuccessful at tracking him down in the Capitol.
The concerns over the scandal reach further than lawmakers. Lobbyists worry how the accusations will affect their standing with the legislature.
State Senator Audrey Gibson says lobbyists are reaching out to her directly.
“Everything that seems to be happening is impacting women in totality. Whether they’re a lobbyist or a member of the legislature in having sensitivity, but at the same time making sure that our productive work moves forward,” said Gibson.
Even Clearwater State Representative Kathleen Peters who has spoken out in defense of Latvala posted on Facebook that she had been groped as an elected official.
The process of selecting an independent third-party to conduct an investigation into the accusations against Senator Latvala is currently underway.

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