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July is UV Safety Month but of course when you live here, you should always be aware of the damage our beloved sunshine can cause. As Matt Galka tells us, the American Cancer Society wants Floridians to be smart not only this month, but all year round.

A walk is part of the daily routine for Steve Starke. But today, he forgot sunscreen.

“I forgot to put it on I use it everyday,” he said.

Starke says he’s usually better about putting sunscreen on.  He says you have to be aware of sun damage when you live in Florida.

“It’s the smart thing to do, especially in the Florida sunshine all the time,” he said.

Skin cancer expert Dr. Len Lichtenfeld says it’s easy to forget the sunscreen when you’re not at the beach. But trying to prevent potentially fatal consequences is personal for him.

“When I was young people didn’t know about sun safety, we didn’t have sunscreen didn’t use it, so I was a lifeguard and I got burned badly, so the result to me so far has been skin cancers,” he said.

And the American Cancer Society says it’s not hard…when in doubt, just put more sunscreen on.

“Being outside is part of a healthy lifestyle, so take some precautions. We call it slip, slop, slap, and wrap. Slip on a shirt, slop on the sunscreen plenty of it, slap on a wide brimmed hat, and wrap – make sure you use UV protective sunglasses that cover the sides of your eyes as well, to avoid getting cataracts,” said Dr. Lichtenfeld.

Dr. Licthtenfeld says they’re also seeing an uptick of melanoma cases for people using tanning beds.  People trying to get some color from the tanning lamps before the age of 35 increase their risk of melanoma by 75 percent.

And parents don’t forget, a child who is sunburned runs more of a risk of developing melanoma later in life.

He’s known as Florida’s “prison Houdini” after escaping 7 times. As Matt Galka tells us, Mark DeFriest is one of the most unique prisoner’s in Florida history, and his case was before the state’s parole board Wednesday.

Mark DeFriest was only supposed to be locked up for four years – convicted of stealing tools his father willed to him. That was in 1980.  36 years later – DeFriest is still behind bars.

That’s because DeFriest became known as the “Prison Houdini” during that time.  He tried to escape jail 13 times, succeeding about half the time.

The Florida Commission on Offender Review voted to reduce his sentence in December of 2014 for good behavior. But DeFriest – who is now in an Oregon prison – has been acting out the past year.

“He continues to be a consistent risk to not only himself but to the communities which he has gone through,” said Commissioner Richard Davison.

Filmmaker Gabe London – who documented DeFriest’s story – says he’s not getting proper treatment for mental illness.

“We’re seeing somebody who is very old, you know, who has really tried to obey the system and to get along with the system up to a point, right? And then had a collapse when the system didn’t follow though on the reentry programs and the treatment he expected,” said London.

The commission agreed that DeFriest needed rehabilitation.

“I do not think that society would be best letting Mark DeFriest come out of prison without the benefit of any mental health treatment,” said Commission Chairman Melinda Coonrod.

People on the former prison houdini’s side are worried that if action isn’t taken soon, his chances of getting treatment will disappear.

The proposal – move DeFriest to a facility in California.  It’s something the commission seemed to agree on…if California will take the former escape artist.

DeFriest was originally set to be released in 2085 before the commission reduced his sentence.  They’re set to vote on what happens to DeFriest next on Thursday morning.

We might take it for granted when things like band aids, lip balms, and cough drops are tax exempt. But as Matt Galka tells us, women around the state are asking for the same treatment for feminine products they say are necessary to live healthy lives.

Guys, maybe you don’t think about it as much as women do, and maybe women don’t think about it when they’re buying them, but there’s a tampon tax in Florida. And now a Hillsborough County woman has filed a lawsuit looking to get rid of it

Tallahassee lawyer Dana Brooks is one of the attorneys representing the plaintiff.

“Female sanitary products, tampons, pads, stuff like that, used almost exclusively for women, are taxed. And have been taxed, and so we feel like that is discriminatory on its face, it obviously effects women disproportionately,” she said.

Three state agencies have been named in the suit as well as WalMart, Walgreens, Target, Publix, and CVS.

Barbara DeVane with the National Organization for Women supports the lawsuit. She says it’s absurd that tampons are being taxed and other products aren’t.

“If you can exempt bunion pads, why not menstrual pads? Petroleum jelly, wart removers, and for heaven’s sakes, ostrich feed. There are more women than ostriches in the state of Florida,” she said.

Brooks says the products are a necessity.

“It’s a public hygiene and safety issue that is being disproportionately, these costs are being taken on by women,” she said.

The class action suit is seeking money for women who have bought the products in the past three years.

The attorney in the lawsuit told us that she hopes the legislature will act and repeal the tax. The New York state legislature recently repealed the tax on feminine hygiene products, and California has a similar lawsuit pending.

Four Florida businesses, including a discount furniture store, are part of a lawsuit over whether the companies can charge extra to someone using a credit card. As Mike Vasilinda tells us, the case could soon be on its way to the US Supreme Court.

Under Florida law, merchants can’t charge you more for using a credit card unless they post two sets of prices…one for cash, and one for credit. They can offer you a discount for using cash.

“So, everyone’s paying a higher price for goods for the few who choose to use credit cards” says Duana Palmer, owner of Tallahassee Discount Furniture.

Tallahassee Discount Furniture is a stones throw from the state capitol. It advertises prices well below retail. Duana was told to stop charging more for the use of a credit card or face a fine or jail.

“I had no idea it was illegal. It made sense to me to keep my prices down. So I said this is the price, this is what it costs if you use your credit card.’ says the owner.

Duana sued and won. A Federal appeals court said her pricing strategy was free speech. But Florida’s Attorney General is now asking the US Supreme Court to step in and up hold the law, arguing customers shouldn’t be “Ambushed” by higher prices at checkout.

“Why should it be a crime? And we’re being honest with them. This is what they are charging us, if you want to use this method of payment, then we have to pass that fee on. Certainly not trying to ambush anybody. My goal is to give the best pricing as possible” says Palmer.

Florida is one of just ten states that don’t allow credit card surcharges. Forty other states do.

The Attorney General’s Office declined comment, saying it would be inappropriate because of the on going litigation.

We asked if it wouldn’t be easier to just post two prices, one for credit and one for cash. Ms. Palmer responded that it would be time consuming and only add more over head for staff to post the prices.

Dozens of death cases across Florida remain in limbo after three judges have declared the states new sentencing scheme unconstitutional. As Mike Vasilinda tells us, the question keeping some from going forward is whether or not a 10-2 jury death recommendation is constitutional.

Florida, Alabama, and Delaware are the only death states that don’t require unanimous jury verdicts to sentence someone to die.

“There are three states who are outliers\” said Florida Supreme Court Chief Justice Jorge LaBarga from the bench last month while it considered a death sentence declared unconstitutional in Osceola County.

Three circuit judges have ruled the law unconstitutional. But the Florida Supreme Court has gone on break for the rest of the summer without deciding whether the judges were right or wrong.

“My name is Ted Bundy”

Prosecutors invoked the serial killers name during the spring legislative session to argue against unanimous verdicts. Bundy went to the electric chair on a ten two vote.

Prosecutors repeatedly told lawmakers that requiring unanimity put too much power in one jurors hands.

“One person with total veto power, ah, that’s a bad thing” says Second Judicial Circuit State Attorney Willie Meggs.

The State Senate originally held out for a unanimous decision to sentence someone to death, then it compromised, says Senate President Andy Gardiner (R-Orlando).

“The alternative is you have no guidance to give to state attorneys when it comes to these cases in the future if we hadn’t gotten something done.”
“Or there would be no death penalty?”
“exactly” Gardiner told us.

Each of the state’s 20 prosecutors is dealing with the uncertainty differently. Some are moving full speed ahead, but others, like Meggs, are not.

“Until they clarify it and make a decision and rule and we’re kinda gonna be in this limbo land.”

And 100 or more pending death cases could be impacted by what the state supreme court eventually decides. Prosecutors say there are 13 pending death cases in Pensacola, 23 in Jacksonville, and 7 or 8 in Tallahassee. Other state attorneys did not respond to our email.

While prosecutors pointed to Ted Bundy as a reason not to require unanimous jury verdicts, two other serial killers, Aileen Wuornos and Danny Rolling both went to their deaths with unanimous jury recommendations.

Videos showing deadly violence against African-Americans around the country may have prompted a retaliation attack against police in Dallas, Texas, and as Matt Galka tells us, some state legislators here in Florida want to do something about it and make the streets safer for first responders.

In November of 2014 in Tallahassee – a seemingly routine house fire ended with first responders taking gunfire. The ambush left one Leon County Sheriff’s deputy dead.

Florida Police Benevolent Association Executive Director Matt Puckett points to that incident – and now the attack on Dallas, Texas police officers last week that killed five – as the reasons that more officer protections are needed.

“We’ve had a number of South Florida cities pass resolutions asking for this legislation, and I think in the wake of, obviously, the tragic events of last week, these two legislators have said we’re going to put it on our shoulders and try to pass it,” he said.

Two Florida lawmakers say they’ll propose “Blue Lives Matter” legislation for next year’s legislative session.  The bills will make attacking first responders a hate crime.

Hate crimes traditionally involve attacks that involve race or religion, not place of employment.

Prominent civil rights attorney Ben Crump has represented multiple families involved in police shootings.  He says all people need the protections.

“If anything is motivated by hate and you commit a violent act upon it, you should be held to the fullest extent of the law,” said Crump.

Hate crime cases typically carry harsher penalties – usually steeper fines or longer prison sentences.

It’s been nearly a month since more than 100 people were shot inside a gay nightclub in Orlando. As Matt Galka tells us, there’s been plenty said since the shooting, but one of the most powerful legislators in the state – who also happens to have a close connection with the tragedy – has remained mostly silent until now.

Senate President Andy Gardiner (R-Orlando) remembers hearing about the news of the Orlando shooting tragedy.

“I woke up early that morning to helicopters flying around my house, we live about a mile away from the Pulse,” he said.

Of the 49 killed and more than 100 shot last month – many were taken to Orlando Regional Medical Center where Gardiner serves as a Vice President.  He says his coworkers saved lives that night.

“Level 1 trauma centers are the real deal and, if it had not been for the level one trauma center being running distance from the Pulse, it would have been a completely different situation, and I’ve always respected my colleagues, but to see what they were able to do, it was beyond impressive,” said Sen. Gardiner.

And while Democrats were trying to trigger a special session for gun control, Senator Gardiner says he doesn’t regret voting no.

“We just thought it was wrong place wrong time,” he said.

He’s still optimistic that lawmakers can do something to help curb the violent attacks.

“when you look at incidents aroudn the country, whether it be my backyard or San Bearnardino, there were red flags. And how do you identify red flags and get people more comfortable in reporting those red flags?” he said.

Gardiner had quietly visited the site of the attack in the aftermath of the shooting, but mostly stayed out of the public eye during the crisis.

A ticking time bomb is how the union representing correctional officers describes the states prisons. As Mike Vasilinda tells, A riot, an uprising, and attacks against officers are fueling fear.

A quickly quelled riot at Franklin Correctional Institute in June, the second this year. And more than thirty attacks on officers in April and May are the reasons officers call the prisons a ticking time bomb. They want lawmakers to meet soon and provide raises and more staffing. Rick Orzechowski is a retired Major.

“This needs to be addressed as soon as possible, so that staff can feel safe. The more staff, the safer the surroundings” says the former correctional officer.

The Department of Corrections has not confirmed that there have been 30 attacks since April.

In a letter to the Governor and legislative leaders, the Teamsters say there are 11  hundred fewer officers than there were a decade ago, but they are overseeing 12 thousand more inmates. The letter says a session is needed to prevent imminent harm and necessary for th safety of officers, inmates and communities. Senate President Andy Gardiner questioned the timing of the letter.

“We’ve seen a lot of politics being played when it comes to demanding special sessions, demanding surveys so that people can use it in a political campaign” says the outgoing Senate President.

Last week, The Police Benevolent Association, a rival union, filed the paperwork necessary to force corrections officers to vote on who represents them. Matt Puckett says he agrees with the Teamster’s assessment, but…“So the timing of this is a little curious, but I don’t want to diminish that there are issues in the department that we would like the legislature to address” says Puckett.

The Department of Corrections  is in the middle of a hiring campaign. But salaries remain below most other law enforcement in the state, making retention of officers difficult.

The turnover rate at the DOC is 17%. One of every two officers on the job has five years or less with the prison agency.

For parents with children with disabilities, or Floridians living with disabilities, the future can be uncertain when it comes to work and finances. As Matt Galka tells us, a first of its kind savings plan hopes to alleviate those fears.

Jenn Sikora worried about her son Sean’s future on more than one occasion.

“For 13 years we lived in this kind of atmosphere of what are we going to do, what are we going to do when we’re gone? How are we going to plan for that future to happen,” she said.

Sean has Down Syndrome. He, along with millions of others in Florida, could have financial struggles ahead.

“8 out of 10 of American citizens with a disability are not in the workforce,” said Rep. Ray Rodrigues (R-Fort Myers).

ABLE United hopes to change that.  The ABLE accounts launched July 1^st and allow families to save up to $100,000 tax free.

“Now I feel like I can have a little deep breath and relax a little bit,” said Sikora.

Floridians with disabilities had previously only been allowed to receive Government benefits if they made less than $700 dollars a month and had less than $2,000 in assets. The account would allow people to keep their benefits…something Megan Atkinson says could be life changing.

“I’m able to save a little bit of money so we can get a house or other things like that and I can continue my education,” she said.

Disability advocates say the accounts could be the first step in ending poverty for the disabled.

“Prior to this you earned a paycheck and you had to spend it right away because otherwise you were penalized for saving money,” said advocate J.R. Harding.

Florida is one of only three states that have established the accounts since a federal law was passed in December of 2014. The money in the account can go towards expenses like housing, education, transportation, and healthcare.

A law change this year allowed more Florida growers to try and obtain medical marijuana licenses. As Matt Galka tells us, the state faced another challenge for a licenses Wednesday, as families who say they desperately need medicine for their children are still waiting two years after the original law was passed.

Holley Moseley and her severely epileptic daughter RayAnn thought they’d have medicine by now.

“We were told January 1, 2015, oil would be available to patients,” said Holley.

In 2014, the Moseley’s helped pass Florida’s first medical marijuana law. It allowed a low-THC cannabis known as Charlotte’s web to be grown and distributed in the state. It’s been shown to help seizure patients.

“There are kids waiting for treatment that deserve treatment,” she said.

And after two years – nothing.  The state licensed five growers originally, but things have been tangled in a web of legal issues causing a change in state law where a grower could challenge for a license if they weren’t originally granted one.

The Moseley’s traveled to Tallahassee Wednesday to support an administrative challenge from Gainesville based Loop’s Nursery – a business excluded from the original list of five.

“One of the reasons Loop’s nursery was selected as a partner is because they have greenhouse space, they’re ready to go, they can start growing immediately,” said Moseley.

The state argues the selected growers were qualified and that Loop’s is challenging based on just the ability to grow Charlotte’s Web.

“You have to prove that you have more than a brand name,” said Department of Health Attorney Eduardo Lombard.

The Department of Health’s Office of Compassionate use says their confident the medicine will be available this fall.

 

“It’s entirely likely that product will be available before September,” said OCU Director Christian Bax.

The lucrative licenses could mean millions of dollars in revenue if the marijuana industry continues to expand in the state.

The State’s Public Service Commission is reporting a 36 percent increase in the number of solar hookups between 2014 and 2015. and while an impressive increase, Mike Vasilinda tells us the number of people using solar remains tiny.

Ten million Floridians pay an electric bill every month. Now The Public Service Commission is reporting the number of connected solar users has jumped from just over 85 hundred to 11 thousand in 2015. A 36 percent increase. It’s a big jump,  but small numbers overall. Mark Futrell is the Deputy Executive Director at the PSC>

Q:”One tenth of one percent?”

“Well, I guess I would say  what that reflects is that Florida has had a pretty good history at keeping electricity reliable, and safe, and reasonably priced” says Futrell.
With solar penetration at just over one tenth of one percent, Kim Ross of ReThink Energy Florida says it’s regulatory barriers, not low cost electricity that is keeping people from adopting renewables.

“The utilities have a monopoly. they are the only one who can sell energy” says Ross.

Solar for an average house can cost about 16 thousand dollars. That’s before a thirty percent federal tax credit. Solar contractor Al Simpler says growth has been stagnant.

“if you don’t have it in your pocket, where are you going to get the money to put in that investment into solar?” asks Simpler.

The average return on a solar investment? About 11 percent a year.

In August, voters will see a constitutional amendment that will keep an investment in solar or other renewables from raising a businesses property taxes. Home assessments are already protected in the constitution.

In 2014, the PSC allowed the state’s investor owned utilities to reduce their commitment to renewable energy by 90 percent. Renewable advocates say the move sent a message to investors that the state did not care about renewable energy.

 

Democrats in the state Capitol have fallen short of the needed votes to force a special session on gun control.  As Mike Vasilinda tells us, the poll was conducted under an obscure state law that  allows a super majority of the legislature to call itself into  session when no one else will do it.

Democrats forced the poll after the deadly Pulse night club shooting. They were seeking a ban on gun sales to those on the no fly list or people under FBI scrutiny.  Incoming Hose Democratic Leader Janey Cruz (D-Tampa) said the fight wasn’t about the Second Amendment.

This is not about law abiding Floridians. This is about terrorists” said Cruz at least weeks news conference in Orlando.

The outcome was not a surprise to the state’s gun lobby.

“I think most of the people who have been watching what’s going on, mainly, legislators. Legislators know rushing to judgement is not a good thing” said Marion Hammer.

Basically, lawmakers voted along party lines. Just two Democrats said no to the special session, while one Republican thought it was a good idea.

The NRA called the poll of lawmakers premature.

“Calling a special session to fix a problem the they have not accurately identified, because there’s no completed investigation at this time. All the facts aren’t in” says Hammer.

Democrats failed in a similar effort to force a special session on the state’s stand your ground law back in 2013.

Votes were still being collected until today’s noon deadline, but the effort was doomed over the weekend when enough No votes had been submitted to defeat the effort to call a session. A final vote tally is expected by the end of the day.

 

The state’s Economic development agency, Enterprise Florida, clamored for cash this year from the legislature, but were mostly denied. As Matt Galka tells us, while Florida’s Governor lobbied hard for the extra cash, the agency’s executives saw their salaries continue to climb.

Governor Rick Scott fought hard for $250 million dollars of economic incentive cash for Enterprise Florida – a public – private partnership used for economic development.

“We’ve got to continue putting money into Enterprise Florida,” said Scott back in February.

The legislature didn’t agree. The agency got $23 and a half million from the budget that took effect July 1^st.  But while Enterprise Florida said they needed more cash…the agency’s executives saw their salaries going up.

Executive salaries went from nearly $800,500 to $1.4 million over the past six years according to USA Today.

Ben Wilcox with Integrity Florida has consistently questioned whether Floridians were getting a good return on investment.

“Enterprise Florida is funded 90% by Florida taxpayers, they seem to think that they get to play by a different set of rules than other taxpayer funded entities,” he said.

Enterprise Florida’s board voted last week to lay off 12 people and eliminate another 12 positions in a cost cutting measure.

The agency says they need to cut $6 million dollars. The Governor told the board last week it’s because the legislature didn’t properly fund them. Critics in the legislature compared the funding to corporate welfare.

“We see a lot of promises of jobs that are being created but a lot of times those jobs never materialize,” said Wilcox.

Enterprise Florida will also be closing four international offices in an effort to save money.

We reached out to Enterprise Florida Tuesday for comment but they have not yet returned our messages

Today is the first day of a new state budget, and Florida will spend just over 82 billion dollars this year. That’s up by three billion over last year and as Mike Vasilinda tells us, comes to four thousand and four dollars for every man woman and child living here.

82 billion is a lot of money and the cash goes fast. In the minute and three-quarters Shannon Sullivan waited at a tallahassee stop light, the state spent nearly 300 thousand dollars.

“I don’t know…that’s a lot of money” he told us.

Ten thousand of it went to protect children.

And In the two minutes and 15 seconds Denise Sage was in this bank, Florida spent just over 46 thousand dollars fixing and building roads.

“It’s better spent on maybe on some bike lanes and mass transit, but it’s not bad” said Sage.

Florida spent 26 thousand dollars in the ten seconds it took postal worker Jason Comfort to drop off mail at this office.

“Shocking” he told us.

“Almost a year’s salary isn’t it?”

“Yes Sir”

75 hundred went to schools.

Florida spent 117 thousand dollars the time it took Edward Johnson to use this ATM.

“That’s why we pay taxes through government to help people who need help.”

Q:”so, you’re glad to do that?”

“I’m glad to do my part, yes sir.”

And the state will is going to send just over six million a day keeping people in prison, but many think that number could be lower.

The organization Smart Justice’s Barney Bishop believes the prison population could be cut by a third if minimum mandatory sentences were eased and inmates got drug counseling behind bars.

“And that will save hundreds of millions of dollars going forward” says Bishop.

And there is good news for property owners. Lawmakers used 420 million dollars to offset  higher property taxes for schools.

The state payroll will remain on of the most frugal in the nation. 113 thousand jobs are authorized in the budget, but the state has consistently ranked 50th in per capita cost for running government.

July 1^st means new laws going into effect, and as Matt Galka tells us, Floridians have 159 new things to worry about.

It’s time to follow some new rules, but they’re not all bad.  Lawmakers passed nearly 300 bills this year, and more than half of them go on the books Friday.

One of the more controversial bills debated this year – the pastor protection act – takes effect.  Clergy will have the state’s backing if they refuse to marry gay couples.

“We’re pastors, we’re not politicians and we’re not lawyers and we cannot afford to fight legal fights,” said Miami pastor Abraham Rivera when the bill was being debated in February.

You’ll also now be able to better manage your digital life after you pass away under a law that lets you assign a guardian for you cloud assets.

“People are doing banking online, they’re doing all kinds of financial transactions online, how would anyone even know if you had those transactions if you couldn’t gain access?” said bill sponsor Sen. Dorothy Hukill (R-Port Orange).

But the only most likely to impact you right away – the tax cut package. Including a three day back to school sales tax holiday in August.

“Back to school sales tax holiday is important not just for consumers but also for businesses as well. Businesses see an increase in sales during this three day period, and consumers obviously get to save a nice chunk of money as well on the stuff they’re going to buy anyways going back to school, now they get to save 6, 7 percent,” said James Miller with the Florida Retail Federation.

A controversial new abortion law was set to take effect but was blocked by a federal judge just hours before midnight. The bill blocks Planned Parenthood from receiving state funds.

“These laws specifically target abortion providers and we do more to prevent the need for abortion than any group in the country, what’s really at risk here is the healthcare of women in the state of Florida,” said Barba Zdravecky, a CEO with the organization.

Part of the law requiring doctors to have admitting privileges at nearby hospitals was not blocked by the judge.

Of the 272 laws lawmakers passed overall this year and sent to the Governor, only three were vetoed, the rest were signed.