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The fourth amendment to the US Constitution protects your right from unreasonable searches, but legislation being heard at the state Capitol today would go one step further, making it harder for police to search your home or car. As Mike Vasilinda tells us, most people don’t realize they already can say no to a warrantless search, but few do.

Police who smell weed in your car, or see a weapon on the seat have probable cause to search your vehicle. Statistics gathered by State Senator Gary Farmer suggest that in a quarter of the cases police seek consensual searches, those being searched feel violated.

“You have a right to refuse a consensual search, that’s why its called a consensual search” say Farmer.

Farmer says it’s because most people don’t feel they can say no to police.  His legislation would require such a notice.

“To be able to exercise a right, you have to be fully aware of your right. You have to be conscious to all elements of that right” says Farmer.

A US Supreme Court ruling 1973 found citizens didn’t have to told they could object to a search.

Florida’s Police Chiefs say the legislation raises concerns, though they have yet to take an official position.

State Senator Dennis Baxley says the legislation is headed the wrong direction.
“I think it could be made part of your drivers license that you are going to cooperate with law enforcement. If you don’t want to, then you don’t have to have a drivers license.”

Q:”So you would actually go the opposite way?”

“Absolutely. I think we are supporting too much rebellion against law enforcement doing their job” says Baxley.

But the sponsor believes that telling people their rights would result in better cases at trial.

“So many police officers now have body cameras, they’re going to tape that exchange right there. So how is an accused gonna come in and say I didn’t consent to that search” says Farmer.

The legislation faces an uphill battle in conservative legislature.

The Senate Criminal Justice Committee postponed a vote on the legislation after opposition from several members, According to the U.S. Department of Justice, in 2008 50.8% of searches conducted on vehicles and drivers were performed with consent, while 78.3% of total searches were perceived by the subject as illegitimate.

Florida KidCare health insurance covers some 160,000 children aged five to eighteen. The cost to most families, depending on their income, is fifteen to twenty dollars a month. Because of Hurricane Irma, the state extended the families deadline from the beginning of October to the end of the month, But Advocate Karen Woodall and others are asking the state to do the same thing it did for concealed carry permit holders: waive the health care fees for October and November.

“So the concern is that people are struggling financial and that the assistance that’s provided needs to have two things in mind. One, helping them financially, and two, making sure that their children don’t have a gap in coverage and a loss of their coverage” says Woodall.

The state did waive the fee for a lost concealed weapons permit and security guard licenses through the end of November. Governor Jeb Bush also waived the heath care premiums for Kid Care following four storms in 2005.

Governor Rick Scott put the State emergency Operations center on full alert for potential hurricane Nate. For the first time in more than four decades, the primary agency charged with preparing for and responding to a major emergency is without a permanent director. And as Mike Vasilinda tells us, the choice of an interim director is drawing some criticism.

Emergency Management Director Bryan Koon left his state job on October first.

Rick Scott named Koon’s chief of staff, 29 Year old Wes Maul, to be interim director. Maul spent there years as Rick Scotts travel aid, and the last 17 months at emergency management.

The lack of experience brought criticism from Florida Democratic Party spokesperson Johanna Cervone, who called the appointee inexperienced and unprepared.

“And appointing a political crony to head, arguably, one of the most important departments in the state is frankly reckless” Cervone told us by phone.

“We’re still in the middle of Hurricane season. we’ve got another month, almost two months left in hurricane season” governor Rick Scott said in Pensacola.

Scott was In Pensacola on Thursday urging people to prepare for Nate. Historical records show Florida has had more than 40 tropical storms and hurricanes hit the state during the months of October and November hit the state since 1900. No area of the state has been immune.

Former Director Bryan Koon called Wes Maul highly qualified, saying he has learned a lot in the year and a half they worked together.

Based on what he saw from Maul during Irma, Scott also says he made the right choice.

“He was instrumental in helping us open almost six hundred shelters. So he is very resourceful and I have complete confidence in him” said Scott.

Nate’s track has shifted west, but that could change..and there are still more than 50 days left in the hurricane season that could test whether Maul was the right choice.

In addition to more than 40 named storms in October and November, at least a dozen more threatened the sunshine state but later changed course.

Dozens of prayer vigils for death row inmate Michael Lambrix are taking place tonight and throughout the day tomorrow before his scheduled 6PM execution. Although Lambrix has maintained his innocence for 34 years, he told Mike Vasilinda and other reporters he won’t repeat the claim, out of respect for the victims families, if it comes time for him to make a final statement at his execution.

Michael Lambrix is a Plant City high school dropout. He had run ins with the law at an early age.

“Just stupid stuff. writing bad checks, and stealing a couple cars” said the convicted killer.

Lambrix was arrested after his girl friend was stopped in Tampa driving the victims car,

“A witness that the jury in my first trial found so un-credible that they couldn’t reach any verdict” he told reporters.

Florida’s Catholic Bishops have sent this letter to Governor Rock Scott, asking him to stop the pending execution. Ingrid DelGado says it cites both constitutional and moral grounds.”

‘Had Mr. Lambrix been sentenced after 2002, his case would be eligible for re sentencing, but also Mr. Lambrix has indicated he was offered a plea deal, which had had he accepted it, he would have already returned to society.”

During an hour long interview, Lambrix repeatedly professed his innocence.

“And in fact, I’ll be the only honorably discharged disabled veteran Governor Scott has ever killed” says Lambrix.

But the death row inmate says he will not repeat his claims of innocence if it comes to making a final statement at his execution.

“Because the last thing I want to do is cause any more pain or suffering to the Bryant family.”

Instead, Lambrix will say the Lords Prayer

“I have no doubt what so ever that I’m going to wake up to a better existence.”

Lambrix’s family, including his mother, step father, sisters and children are all at the prison. All are being counseled about grief in what could be the final hours of Michael Lambrix’s life.
A spokesman for Governor Rick Scott said, “Signing death warrants is one of the governor’s most solemn duties. The governor’s top concern is always with the families of the victims of these horrible crimes.”

A link to a list of prayer vigils can be found Here

Lawyers for a man convicted of two murders more than 30 years ago are expected to ask the US Supreme Court to stop his scheduled execution, arguing his jury was not unanimous in recommending death.  As Mike Vasilinda tells us, the condemned man spent an hour today talking with reporters.

Michael Lambrix has maintained his Innonence for 34 years. Set to die Thursday, he told his story again to a dozen reporters, the first group interview at the prison in more than a decade.

“It won’t be an execution. It’s going to be an act of cold blooded murder. And the State of Florida is going to be deliberately putting to death an innocent person” claims the 567 year old Lambrix.

Lambrix claims he killed the male victim in self defense after he found him strangling the 19 year old woman. He met both earlier that February 1983 night in a bar. He didn’t go to police because he had walked away from a prison work camp.

“ And I really should have told them exactly what happened right up front” Instead Lambrix ran and didn’t tell police anything, invoking his fifth amendment right when caught days later.

No physical evidence ties Lambrix to the murders…the first jury was hung. During the second trial, the state’s top investigator allegedly slept with the states key witness.

“It’s like banging your head on a brick wall. It really is. The thing is, nobody wants to listen” says Lambrix.

What makes his case unusual is that neither vote for death was unanimous. Lambrix’s problem is that his crime was so long ago.

“Myself, and everybody sentenced to death since 1974 that anything less than a unanimous jury verdict were illegally and unconstitutionally sentenced to death”

For 34 years Michael Lambrix has maintained his innocence, even turning down a plea deal. His family has stood with him every minute of it.

For a final meal, Michael Lambrix has asked for a traditional Thanksgiving dinner He says its the same meal his mother promised him if he was ever set free.

A visitors list shows more than thirty people authorized for the final days. It includes Lambrix’s mother and two of his four children.He’s asked them not to bring his seven grandchildren.