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Supreme Court Hears Florida-Georgia Water Wars Case

January 8th, 2018 by Jake Stofan
The U.S. Supreme Court heard oral arguments Monday in a decades old battle between Florida and Georgia over consumption of water from Lake Lanier.
Georgia wants unlimited water, Alabama and Florida want its use capped.
Julie Warithmell, Executive Director of Audubon Florida says Georgia’s over use of the ecosystem’s water hurts Florida’s bays and estuaries and has crippled Apalachicola’s oyster industry.
“This is a really important system not only just economically, but ecologically and so every time somebody washes a car in Atlanta it threatens the future of a plover in Apalachicola or a prothonotary warbler in the basin or an oyster on somebody’s plate,” said Wraithmell.
In February a court appointed special master ruled Florida has not proved Georiga’s consumption needed to be capped.
The Supreme Court will decide if the case should be returned to the special master to redistribute the water between the states.

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Generators a Top Legislative Priority for Nursing Homes in 2018

January 8th, 2018 by Jake Stofan
Florida nursing homes are asking the Legislature for fifty million dollars in this years budget.
They would use the cash to help improve staffing, quality of care and help pay for the installation of generators, which they say can cost up to three hundred fifty thousand dollars for larger facilities.
The homes successfully challenged an emergency rule requiring the generators after Hurricane Irma related deaths in south Florida.
Now, multiple legislative proposals would require each to have a generator, but nursing homes say they would prefer to work with the Governor on a new rule.
“Our hope is that the Governor’s Office would work with us, would work with the parties who challenged the nursing home rule and sit down with us and work it out because again, we don’t disagree with his goal of putting [in] generators,” said lobbyist for the Florida Health Care Association Bob Asztalos. “The disagreement has been how to get there and we think that if we can work together, we can get there.”

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Opioid Legislation Would Limit Prescriptions to Three Days and Require Physician Training

January 8th, 2018 by Jake Stofan
Solving the opioid crisis is one of the top agenda items for this legislative session that begins Tuesday.
The Governor is supporting a limit on prescriptions and additional training for doctors.
In 2017 an average of 16 Floridian’s died with opioids in their system each day. The year before it was just 10.
Senator Lizbeth Benacquisto says over prescribing not only results in people developing a dependence on the drugs, but it also results in more drugs on the streets.
“The pills get stolen or somebody sells them,” said Benacquisto.
To tackle the issue Benacquisto is sponsoring Legislation that would restrict how many opioids a doctor could prescribe.
Single prescriptions would be limited to 3 days.
Prescriptions can be extended up to 7 days if a doctor deems it medically necessary.
The bill also requires doctors to go through training every other year for best practices in order to continue prescribing opioids.
“To medically manage people who have surgery, yet not set them up for addiction,” said Executive Director of the Florida Alcohol & Drug Abuse Association, Mark Fontaine.
The state would also expand its prescription drug monitoring database, by sharing the list with other states.
By expanding the prescription drug monitoring database across state lines, lawmakers hope to prevent people from doctor shopping.
“If I go to Georgia and I get a doctor or two and I get a doctor or two here and there’s no information being exchanged then I can literally walk away with four prescriptions to opioids and nobody would know,” said Fontaine.
Doctors would be required to look patients up in the data base before prescribing them opioids.
“To make sure that physicians are aware of what their patients are doing,” said Benacquisto.
If passed Florida would be the second state to restrict prescriptions to 3 days.
The only other state with such restrictions is Kentucky.

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Cities Fear Loss of Local Control

January 8th, 2018 by Mike Vasilinda

When Florida lawmakers return to the Capitol tomorrow, one of the items on the agenda  of House leaders is continued preemption of local government’s ability to regulate things such as vacation rentals or local tree trimming requirements. Scott Dudley, Chief Lobbyist for The Florida League of Cities is lamenting the effort, saying local governments know what’s best for their local communities.

“We have ordinances that say you can’t cut down certain size trees unless you get a permit from the city and have basically, a public input process to it. Cities lose that. They lose their own unique personality and their own look.”

Last year, lawmakers took away local governments authority to regulate new, 5G wireless towers. The Cities are expecting an onslaught of attempts to preempt many local regulations to the state this year.

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Upsetting the Applecart: DeSantis enters Governor’s Race

January 5th, 2018 by Mike Vasilinda

If the 2018 elections are to be a referendum on President Donald Trump, as many say, Mike Vasilinda tells us the latest entry into the race to be Florida’s next Governor thinks Trump’s support makes him a winner.

Ron DeSantis has represented Florida’s mid east coast in Congress for five years. He announced his gubernatorial bid on FOX news.

“And with the support of the President, I’m in a position where I can exercise the leadership to build on the great work Governor Rick Scott has done to advance economic opportunity, reform education, and drain the swamp in Tallahassee, which needs to be drained, just like Washington” DeSantis told viewers.

Days before Christmas, DeSantis got a ringing endorsement from Donald Trump, who tweeted he would be a great Governor.

“I think it pretty much upsets the whole applecart” says GOP political consultant Mac Stipanovich.

Stipanovich has helped elect GOP governors in Florida before. He believes DeSantis will force more mainstream Republican Adam Putnam to the right.

“DeSantis will be a right…crazy run over a dog in terms of right wing populism. He will pull Adam to his right, as Adam tries to compete for that Trump vote” says DeSantis.

In a statement, Putnam’s campaign criticized DeSantis for making his announcement in a tv studio.

And if the GOP primary does take a hard turn to the right, the likely beneficiary: the Democratic nominee”.

Democrat Gwen Graham quickly called DeSantis “out of touch and too extreme for  Florida.

But the race is still 11 months away. The question is whether support for Trump is enough to drive Democrats to the polls.  Typically Democrat turnout drops y more than a million voters in non presidential elections.

DeSantis and Putnam are the two key contenders for the GOP nomination. House Speaker Richard Corcoran is also expected to enter the race when Florida lawmakers go home in March. Embattled former state senator Jack Latvala remains in the GOP race despite resigning in over sexual harassment charges in December. $ Democrats are serious candidates for their party’s nomination.

 

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Future of Florida’s Medical Marijuana Industry Uncertain

January 5th, 2018 by Jake Stofan
A shadow of uncertainty has been cast on the states medical marijuana industry after the U.S. Attorney General  rescinded an Obama-era policy that encouraged federal prosecutors to take a hands-off approach to state run marijuana operations.
Reinforcing his historically anti-marijuana platform, U.S. Attorney General Jeff Sessions has opened the door for federal prosecutors to crack down on state run marijuana operations.
In Florida, where the voter mandated medical marijuana program is still in it’s infancy, businesses and investors are scrambling to figure out the implications of the new federal policy.
“People are going, where is this really going, what does this really mean, you know, why don’t we pause for a minute,” said Jeff Sharkey with the Medical Marijuana Business Association.
While the Florida Department of Health says it’s reviewing the new policy, State lawmakers were quick to take aim at Sessions via Twitter.
Representative Carlos Guillermo Smith tweeted, “Trump’s DOJ is prepping to bring us back to the dark ages on weed cuz “good people don’t smoke marijuana” according to the dinosaur serving as AG.”
Senator Rob Bradley was the author of Florida’s Medical Marijuana Law. In a Tweet he defended Florida’s policy saying, “If federal authorities are now scrutinizing states, Florida will be the model.”
Advocates say Sessions’ move is putting pressure on Washington, to clear up the question once and for all… Do states have the right to legalize marijuana?
“Sessions has called the question,” said Sharkey. “What does the country want to do?”
In another Tweet, Senator Bradley called for Congress to, “Fix the pot laws” and strip marijuana from its schedule one drug classification.
We reached out to Florida’s Northern District U.S. Attorney to ask how he plans to deal with the state’s medical marijuana program.
While we didn’t receive a response we were told the office will have something to say next week.
Sessions’ memo comes as the second recent blow to the state’s medical marijuana industry.
Florida’s First Green Bank, which did business with many of the state’s growers has begun dropping its medical marijuana clients.

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Offshore Oil Drilling Could Be Coming to Florida

January 5th, 2018 by Jake Stofan
The Trump administration says it will allow new offshore oil drilling in nearly all United States Coastal waters… including here in Florida.
The administrations proposal includes 47 potential leases including one on Florida’s coast off the Eastern Gulf of Mexico. Leases for drillers could start in 2023.
Both of Florida’s US Senators and Governor Rick Scott oppose the plan.
Julie Wraithmell is the Interim Executive Director of Audubon Florida. She says drilling in the gulf could devastate Florida’s coast.
“It’s just unthinkable. I know I sit everyday at my desk with my paper weight of tar balls from 2010 and think goodness gracious how could we ever do that again and to see such a casual announcement just really gives me pause,” said Wraithmell.
Governor Rick Scott has asked for a meeting with Interior Secretary Ryan Zinke, to discuss removing Florida coasts from consideration for drilling.

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New Legislation Would Give More Public Schools the Option for Alternative Grading

January 4th, 2018 by Jake Stofan
A Florida lawmaker is looking to give school districts in the state new alternatives to traditional grading standards.
The Competency-Based Education Pilot Program was implemented in five Florida School Districts in 2016.
It gives students the option of showing their mastery of a subject instead of completing the traditional credit hours.
Newly filed Legislation would rename the program to the Mastery-Based Education Pilot Program and open the pilot up so other school districts could join.
The proposal would also allow districts in the program to reinterpret the standard letter grading system.
Bill sponsor, Representative Jennifer Sullivan says the pilot program would allow students to focus on individual skills instead of trying to achieve a standard letter grade.
“Personalized education is a way for students to be able to truly learn… and we need to be able to meet them where they’re at,” said Sullivan.
Andrea Messina is the Executive Director of the Florida School Boards Association.
She says the new system could cause inconsistent standards for student achievement.
“That lack of calibration and continuity and consistency can be problematic,” said Messina.
Education advocates say there could be resistance from universities and colleges, because the bill requires them to grant equal access to students with non-traditional high school diplomas.
Messina says there’s no way to guarantee a non-biased admissions process.
“The college admissions have so many factors involved… while we can say that they should be taken as equal… we don’t know if in fact that will be the case,” said Messina.”
Representative Sullivan says schools currently in the program still tend to issue standard letter grades alongside the mastery component.
That way parents and colleges can have some traditional reference for student achievement.
The pilot program is slated to end in 2020 regardless if the new legislation passes or not.

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Second Trial Date set in Murder for Hire Case

January 3rd, 2018 by Mike Vasilinda

Trials for two defendants accused in the murder for hire of an FSU Law Professor were supposed to start this month, but have now peen pushed back until later this year. The crime has been linked the ex wife’s family in court documents, but as Mike Vasilinda tells us, arrests are not on the horizon.

Renowned FSU Law professor Dan Markel was gunned down in his driveway in July 2014. Almost two years late, police arrested two Miami men and accused them of murdering Markel for money.

One of the two. Luis Rivera, cut a deal and implicated co defendant Sigfredo Garcia and his girlfriend, Katie Magbanua.

“You are going to cooperate and testify truthfully” asked Judge James Hankinson during the plea hearing. “Do you understand that?”

“Yes Sir” said Rivera.

Magbanua was arrested in October 2016, accused of brokering the hit for Markel’s ex wife’s family. On Wednesday, her trial was set for this October. Her attorney, Tara Kawass says she hasn’t seen her two children since being taken to jail.

“No, she hasn’t seen her kids, and you can image what it must be like to be incarnated for this long” says Kawass.

Prosecutor georgia Cappleman had hoped that after Rivera confessed and with Magbanua facing life without her two children, she would flip, and testify to prosecutors theory the hit money came from ex wife family.

“is it still your hope that she perhaps becomes ante witness?”

“That would be lovely, but I have little hope of that” Cappleman said after the hearing.

“Really”?

“un hun”

Asked is more arrests are likely, prosecutors said no comment.

An attorney for the family of the slain professor says in a statement

“With this latest delay, the Markels remain in agony.  Dan, their only son, was stolen from them more than three years ago.  …Throughout this horror, the Markels remain hopeful that they will one day see their grandsons again and that justice will be achieved.

The state wants to try both the hitman and his girlfriend together. It plans to appeal today’s action setting separate dates.

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Florida Snow Day Shuts Down Major Sections of I-10

January 3rd, 2018 by Jake Stofan
As the State Capitol awoke Wednesday morning residents were greeted by winter wonderland….snow on the ground and falling.
The snow fall ended about as quickly as it began, lasting less than an hour. When all was said and done, Floridians got a taste of the headache that comes along with true winter weather.
As commuters cracked open their frozen doors and defrosted their frozen windshields, they were greeted with road closures on I-10 spanning roughly 75 miles east, all the way to Live Oak.
“The road way conditions are very icy, especially over the overpasses. So we’re asking motorists to stay off the roads if at all possible. Do not come out driving if you do not need to be out here driving,” said Captain Jeffery Bissainthe with the Florida Highway Patrol.
News of winter weather road closures in the sunshine state came as a shock to travelers, mnany of whom were escaping snowy conditions in the North.
Ray Beaulieu says he wasn’t expecting anything like this on way back to Okeechobee after a visit in Oklahoma.
“I sure didn’t and it was three days of hell in Oklahoma because they didn’t know how to drive in it either,” said Beaulieu.
As news broke to eastbound travelers, some like Bill Watson and his wife Pat busted out their paper maps, looking for a new route.
“Sometimes you’ve just got to go with this,” Bill joked.
The two were traveling to Orlando from their hometown in Illinois.
Others had to to come up with a new plan on the fly.
“Oh yeah I’ve got to have surgery done in the end so I have to go all the way to Jacksonville to do it,” said Panama City resident John Darrenbacher.
The closures only caused about 30 minutes extra travel time between Tallahassee and Jacksonville.
Public schools in Tallahassee also closed their doors due to the winter weather. FSU and FAMU also gave staff the day off.
The last time snow fell in the Capitol was 1989.

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Tougher Texting Law on Legislative To Do List

January 2nd, 2018 by Mike Vasilinda

The new year could hold tougher enforcement for anti texting laws in Florida. Legislative leaders are now supporting making texting while driving a primary offense, which as Mike Vasilinda tells us, means police won’t need another reason to pull you over.

Looking at a phone instead of the road has become all too common says Florida House Speaker Richard Corcoran.

“We have fifty thousand accidents in Florida, over 200 deaths. The quantity of volume of this that’s going on on the roads, you can’t drive down the road and not see it” say Corcoran.

Corcoran now has two teens who are driving. Even he admits that he has to fight the urge to look at a buzzing phone when he’s alone in the car.

“92 percent of all drivers have admitted to engaging in some sort of texting, emailing behavior while in an automobile. We’ve got to curb that behavior to keep our roads safe”  says the Speaker.

It is Corcoran’s support, along with the support of incoming Speaker Jose Oliva whose change of heart has made the difference..

Florida is one of only seven states that don’t allow police to pull someone over for just  texting alone.

Gwendolyn Reese lost her niece two years ago this month.

“My niece was a Senior at Florida State University.”

She believes that tougher, primary enforcement,  might have saved her nieces life.

“I can say with all my heart, that if we had tougher laws, it would have probably decreased the probability of her dying the way that she did” says Reese.

Concerns remain about privacy. Under the proposal police would need a warrant to look at your phone, but black lawmakers worry primary enforcement will open the door to racial profiling…a concern they raised when seatbelt use, not texting was the issue.

The fine for a first offense under the proposal would remain at thirty dollars, but texting in a school zone or a second offense would count as moving violations and earn points on your license.

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Do Not Call Violations #1 Consumer Complaint in 2017

January 2nd, 2018 by Jake Stofan
Tallahassee resident Barbara Rodman likes to kick back by enjoying a a game of Wii Bowling with other seniors at the Tallahassee Senior Center.
But throwing a strike takes concentration and holding that concentration can be difficult when you’re interrupted by annoying solicitation calls.
“I want to talk to somebody about it and see if they’ll make them stop,” said Rodman.
Despite being on the state’s Do Not Call Registery Barbara estimates she still gets about 300 unwanted calls a year.
“I get calls about renewing a warranty on my car. There’s no point to it,” said Rodman.
The State Department of Agriculture and Consumer Services received more than 40,000 consumer complaints in 2017.
This year violations of the state’s do not call list were by far the most common.
With more than 19,000 complaints, it’s nearly nine times as many as the second most common complaint category, landlords.
Florida ranked 2nd for complaints filed with the federal government for violations to the national do not call list.
The Department wasn’t available for an interview for this story, but in 2014 we spoke with Liz Compton, Chief of the Department’s Bureau of Compliance and it seems little has changed.
“People do not want to be called, at their dinner hour or late into the evening, especially when they’re on the do not call list,” she told us at the time.
Despite the high number of complaints, the Department of Agriculture and Consumer Services says it’s holding violators accountable.
The department collected more than $2.6 million in fines for consumers in 2017.
To file a complaint with the Department of Agriculture and Consumer Services call 1-800-HELP-FLA or visit FreshfromFlorida.com.

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Frigid Weather Hits the State Capitol

January 2nd, 2018 by Jake Stofan
Floridian’s in the State Capitol bundled up to endure the cold weather this morning.
Temperatures reached as low as 27 degrees and didn’t rise above freezing until after 10 am.
The cold morning left icicles on statues at the Capitol and at FSU.
Tallahassee resident John Bartlett says the cold delayed his start on construction work at the university.
“Yeah it’s got to be 40 and above, you know its got to be 40 and climbing in order to pour concrete… This is the coldest part of the year and I’m glad it’s only going to be a week,” said Bartlett.
Tallahassee residents will see lows in the 20’s through Saturday. The coldest temperature ever recorded in the city was -2 degrees. That was more than 117 years ago.

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Circuit Court Ruling Could Allow DOH to Issue More Marijuana Growers Licences

December 29th, 2017 by Jake Stofan
State law required at least one medical marijuana license go to a member of the Black Farmers Association, but a circuit court judge has blocked the license. The ruling found, because the law required an applicant to be a member of a specific association, it unconstitutionally favored a private corporation.
Jeff Sharkey with the Medical Marijuana Business Association says the Black Farmers  Association prevented other black farmers who otherwise would have qualified for the license from joining.
“And in fact discriminated against other black farmers,” said Sharkey.
At legislative meetings in October, the Office of Medical Marijuana Use’s Director blamed the lawsuit for delaying the issuance of 5 new licenses by an October 3rd deadline.
At the time, State Senator Dana Young argued the Department’s decision to delay the application process was hurting patients.
“There are a lot of sick Floridians that have been waiting for this medication to be available that are suffering because of it,” said Young.
The Department of Health says it’s reviewing the latest ruling, to determine if it can now issue the licenses that should have been awarded two months ago.
Sharkey says he believes it can and should. With over 63,000 patients, he says the budding industry needs all the growers it can get.
“Hopefully moving forward and selecting new licensees will put more product in the marketplace,” said Sharkey.
Other legal challenges are still pending including a suit challenging a preference for citrus growers to receive a license as well as a lawsuit to allow smokable marijuana.
There are currently 13 licensed treatment centers, with 25 dispensing locations around the state.

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Emergency Rule Issued to Allow for Greyhound Drug Testing

December 28th, 2017 by Jake Stofan
The State Department of Business and Professional Regulation is fighting back after an administrative judge declared the department’s policy for drug testing greyhounds invalid.
His ruling found the policies were never properly adopted into state regulations.
In response, the department has issued an emergency rule.
Citing an immediate danger to public health, it allows the state to continue testing greyhounds.
Anti-racing advocates echo the state’s concerns.
“It’s open season in Florida for people to use drugs in the greyhounds. It means that the racing is less honest than it was before and it’s just another point that leads us to say it’s time for greyhound racing to be gone in Florida,” said Laua Bevan with the Humane Society.
Pro-racing advocates say the current drug testing methods and standards often result in false positives.
They fear the issuance of the emergency rule is a signal the state wont work with them to come up with a new, more reliable policy.
Jack Cory, a lobbyist for the Florida Grey Hound Association says the state’s standards for a failed test are so low, natural trace amounts of substances can result in a breeder losing their license.
“We need to update the rules and the testing so that they meet the standards today, protecting the animal number one, protecting the integrity of racing number two,” said Cory.
Anti-racing group Grey2K says it’s happy the state moved quickly to issue a new rule, but it fears pending doping cases could still be thrown out, leaving dogs in danger.
The Department of Business and Professional Regulation has also filed a motion asking the administrative judge to reconsider his initial ruling.
If reversed, it would prevent pending cases from being thrown out.

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