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Florida is one step closer to a viable death penalty after the State Supreme Court ruled the states 10-2 jury recommendation was unconstitutional late last year. As many as 50 prosecutions are on hold as a result. State lawmakers toady moved a unanimous jury verdict bill forward. Sponsor Chris Sprowls says it is key to getting the death penalty functioning again.

“The ruling has absolutely put the death penalty to a standstill. What we are trying to do here is a limited approach” says Sprowls. “We are addressing that issue and only those issues.  the issue that they raised is that they deemed our statute which requires a 10-2 jury recommendation for the death penalty be unanimous. that is what the bill does. Comes in changes 10-2 to unanimous And therefore the hoe going forward  si the House and Senate pass this bill, the Governor signs it, and we have a working death penalty statute.”

The bill has one more hearing next week and will likely go to the Governor in early March for his signature.

City commissioners in more than half the 400 cities in the state may soon have to provide residents much more financial information before they run and after they are elected. Commissioners in cities with budgets of more than 5 million annually will be subject to greater reporting requirements.

Tampa’s annual budget is 906 million, In Pensacola, its 217 million, and in Ft. Myers it’s

334 million, yet none of the commissioners who build and vote on those budgets file as complete a financial disclosure form as required of the mayors in each of the cities.

“I wold like to call to order the meeting of the Public Integrity and Ethics Committee” said Chairman Larry Metz..

Now a House committee, pushed by the Speaker, wants to strengthen financial reporting requirements to the same level required of state officials and mayors. the plan calls for more disclosure by commissioners approving budgets of five million or more,

“That captures about 200 cities int eh state of Florida, out of over 400” Metz told members.

The vote was unanimous. We asked Ethics Commission Executive Director Virlindia Doss to explain the difference between whats now required and that could be required.

‘Form one is a statement of financial interests. it is a less detailed, less invasive, form. The form 6  is the more detailed, full and public disclosure thats called for by the constitution” says Doss.

The Committee chairman says the idea is to give the public more information.

“And it could create the need for further inquiry as to why peoples net worth’s ar going up, why they are getting income from certain individuals they were’n’t getting before” say Metz.

Under the current law, the Ethics Commission can’t look into the disclosure forms to see if they are accurate. They can only look if someone files a complaint.

Metz says a pro active Ethics commission may have to wait for another day.

The legislation also sets up a statewide lobbyist registration database for anyone lobbying local governments for a fee.

Judge Andrew J.Decker is a circuit judge in Jasper, near Lake City. He has been accused of lying about improprieties as a lawyer when he was running for judge. It has been more than a year since he was first asked but he Supreme Court to show cause why he should not be kicked off the bench, but he did not respond, and the court has not taken action. that got the attention of state lawmakers. Committee Attorney Carine Mitz says there may be cause for impeachment.

“The House must determine if there is probable cause to believe Judge Decker committee a misdemeanor in office in order to proceed with impeachment proceedings. He may have provided untruthful  testimony as a sitting judge under oath before the JQC.”

We asked Committee Chair Larry Metz if the discussion was a message to the court  to  deal with this or we will?”

“No, I wouldn’t go that far” responded Metz. “It’s something we are trying to draw attention to because it has been languishing too long across the street at the Supreme Court.  And if you consider what the nature of the inquiry is, its whether the judge should potentially be removed from office. that’s what the order to show cause addressed.  So that being the case, , one has to wonder why it would take more than a year to get to a conclusion on that.”

If the court does not act, the House would have to call witnesses and take testimony to determine if the judge did in fact lie before the Judical Qualifications Commission.

CFO Jeff Atwater met with Governor Rick Scott this afternoon to discuss legislative priorities, but Atwater said afterwards that Scott tell him he would take as long as necessary to name Atwater’s successor. Atwater has resigned to take the CFO job at Florida Atlantic University, the same university he once applied for its presidency.

“The positions open now. The opportunity presents itself now. i do wish it was at a later date,, I spend much of my business career associated with the University. As a legislator, helped establish the med school there. My three children went there, so there’s just been an incredibly deep affection” says the CFO.

Atwater says a salary level has not been finalized. He makes 129,00 as CFO.

University of Florida President Kent Fuchs spoke to the Economics Club of Florida today in the State Capital. FSU President John Thrasher sat nearby . Fuchs says UF is lacking in three areas to be a top ten research university: Fundraising, State funding,and student to faculty ratio.

“We rank 34th out of these 34 universities. At the bottom with 21 students for each professor.  top ranked Michigan has a a student to faculty ratio of 12-1. Our goal is to be among the top ten public universities by anyone’s measure, and to get to that we need a student to faculty ratio of 16 to 1” says Fuchs.

Fuchs says that would require hiring 550 more faculty.

Students could use their religion as the subject of an assigned essay, wear clothing promoting their faith, and even hold a prayer group during school hours if similar non secular activities were allowed under a bill filed in the state Capitol.  But the freedom of religious express legislation would open the door to any faith, not just Christianity.

From prayer groups before during and after school to writing essays about their faith, to drawing a picture of the crucification in art class,, students with a religious point of view would have the same rights as any other student under a four page bill filed in the capitol. Sponsor Kimberly Daniels says prayer should have never been taken out of schools.

“If we open the door for Christian clubs, for children to join Christian clubs, there would be less people going street gangs” says the Jacksonville freshman lawmaker.

There is currently no statewide policy, Decisions on what’s appropriate are made locally, which Co Sponsor Dennis Baxley says have been stiffing some districts.

“And I think generally there is a chilling effect and a sense by many that you are supposed to sterilize the environment of any free expression. I don’t think that’s healthy” says Baxley.

And while sponsors of this bill really mean Christian freedom of expression, it would do so much more.

When the Capitol was opened to a nativity scene, a devil worship exhibit was also allowed. Andrea Messina, the Executive Director of the FL School Boards Assn, says local control is important.

The legislation has been assigned to committees, but no hearings have been set.”

The legislation would apply not only to students, but staff and faculty in a school as well.

The Florida Highway Patrol, along with local sheriffs and police chiefs is dusting off a decades old Arrive Alive program…with a new twist. Data. Analysts are combing through mountains of crash data in an effort to isolate areas in each county where there has been an up tick of fatal car crashes or serious injuries. Col. Gene Spaulding of the FHP says this isn’t just dusting off old signs.

“We’re identifying hot spots. three to five hot spots in every county” says Spaulding. “Here the biggest increase, the biggest number of fatal and serious bodily injury cases are occurring. And believe it or not, you’d be amazed at how it overlays with the crime in the are too. You look at the local crime data. So disability, presence,a awareness, education, and enforcement if need be is the key to this program.”

The FHP director says one reason crime data mirrors crash data is because criminal elements are speeding, impaired, or driving recklessly.

Legislation to limit Supreme Court and appellate judges in Florida to two six year teams is moving forward in the state House. It became a top priority of the Speaker after several adverse rulings from the Court.

The Supreme Court ruled twice against lawmakers in redistricting, overturned a death penalty sentencing law, and threw out caps on attorneys fees in workers comp cases…all in the last 2 years.

”This is the Civil Justice…”

Now key lawmakers are pushing a 12 year term limit on appellate judges. Right now they face voters every six years, but no judge has ever lost.Rep. Jennifer Sullivan (R-Lake County) is the sponsor.

“An accountability system that doesn’t hold people accountable is not truly an accountability system” says the second term lawmaker.

Warren Husband, representing The Floria Bar, told lawmakers Florida would be the only state to restrict judges terms if passed and approved by voters.

“Been on the ballot three times in three states. Been rejected by the voters in all three instances” say Husband.

Even William Large, who is President of the conservative, law suit fighting Florida Justice Reform Institute thinks term limits for judges is a bad idea.

“It would be very unlikely that the best and brightest lawyers would apply, because what they would see that would have to mandatorily retire in 12 years” says Large.

State Rep. Sean Shaw’s father was a distinguished Supreme Court Justice.

Q:”Do you feel the courts are under attack here?”

“Yes! The courts are definitely under attack. When you’re attacking something that’s not broken, it’s unnecessary. The court system is working fine, just because you disagree with certain decisions, doesn’t mean that you just broad side attack on the court is appropriate” says Shaw.

Many believe that attorneys in private practice would be reluctant to apply if there were term limits, and that would  mean only government lawyers would apply to be judges.

And they are likely to be less skeptical of government.

In 2011, after other adverse rulngs, a different House Speaker tried to split the supreme Court in two and pack more judges on the court. It cleared the House but never got a hearing in the Senate.

A two page bill filed in the state legislature has local governments up in arms. the legislation would take away the rights of cities and counties to pass regulations on businesses, including where medical marijuana dispensaries or liquor stores could be located. Tallahassee Mayor Andrew Gillum calls the idea draconian.

“Everything from nosiness signage to where businesses can be located, to environmental rules. You name it. This bill seems take aim at it” says Gillum.

The Sierra Club has joined the protest. David Cullen is concerned statewide urban turf fertilizer rules would be set too low for some of the most at risk areas of the state.

“Southwest Florida has had serious problems with algal blooms caused by nutrient pollution” says Cullen. “If those communities are not able to control the level of nutrients going into their water at the source, which is the best way to deal with pollution. It is much easier to take care of it by stopping it at the source rather than trying to get it out once its in there.”

The bill was assigned to two committees on February 9th. No hearing have been scheduled on it yet.

Women who suffer emotional stress or injury during an abortion could sue their doctor as late as ten yeas after the procedure under legislation approved by a House Committee in the state Capitol today.  Current law allows just a two year window for malpractice suits.

Of the 70 Florida thousand women who have abortions each year, estimated 1800 hundred have minor complications, but freshman lawmaker Erin Grall says she’s spoken to women who didn’t know they had a problem until years later.
“This is especially true of the psychological issues which may develop over time, or be underlying and triggered by a later event in life” says the first year lawmaker.

One of the first questions came from Democrat Barbara Watson and dealt with the uncertainty of allowing a law suit ten years later. that’s eight years after the statute of limitations has run.

“Are we talking about every doctor’s lifetime savings are now vulnerable to a law suit?” she asked.

The National Organization for Women and other opponents waived their testimony.

But the groups picked up two unlikely allies. Insurance companies and doctors.

Mark Delegal is an Insurance Lobbyist.

“This is bigger than the abortion issue, ladies and gentleman. This is a malpractice bill that indicts the current system” says Delegal, who is considered an expert in insurance law.

Erin Foster came from Tampa with her own story of an abortion.

“I made a difficult choice and I had an abortion. And despite growing up in a time and a place with people who think abortion is the ultimate sin, I don’t regret it.”

The bill was approved on a ten to six vote.

Erin Foster says there are no scars.

“I have thrived every since.

Federal courts have already stopped last years abortion law from requiring women to make two visits to clinic before a procedure.

It too was sponsored by a freshman, a practice know as carrying water for leadership.

An OGBYN from the University of Central Florida told committee members that having an abortion is no more dangerous than carrying baby to full term.

A House committee has approved legislation to limit judges on appeals courts and the Florida Supreme Court to just two, six year terms. The vote came after the committee was told the change would lead to inexperience on the bench and longer wait times for court rulings. Tampa State Representative Sean Shaw is the son of the late Supreme Court Justice Leander Shaw. He says the legislation is not needed.

“I’m still not sure there is a problem that we are addressing. If you do not agree with certain decisions of the Florida Supreme Court or an appellate court, good. That’s okay. It means the separation of powers is working” says Shaw.

Shaw’s father, Justice Leander Shaw, served 23 years as an appellate judge, and successfully faced two retention votes.

Shoppers at big box stores like Walmart and Target may soon be able to buy liquor inside the store instead of having to leave and enter a liquor store owned by the chain through a separate entrance. dubbed the whiskey and Wheaties bill, the measure cleared a key Senate committee in the State Capitol today and is ready for a vote by the full Senate.  Sponsor Anitere Flores says the current law is a relic but opponents say the bill still needs work.

“Originally the  intent of this law was to limit the number or retailers as alcohol was reintroduced into the marketplace after prohibition.  After 8 decades, I think we’ve adjusted, and that is what the bill does says Flores.”

Charles Bailes is teh CEo of ABC Liquors. He has been working to change the bill.

“We still don’t think it protects public safety. We’re still concerned about access to minors, and so, we will continue to work with the bills sponsors and amendment sponsors to try and make it a better bill” says Bailes.

The legislation brought unusual testimony from the NRA, which said big box stores in rural areas would have to stop selling guns if they sold liquor under the same roof, which the NRA says would deprive rural citizens from excising their second amendment rights.

The state legislature has gotten itself into a dilemma because of different rules in the House and Senate when it comes to the budget, which is the only bill the legislature must pass.  The House wants to outlaw lasts minute additions to the budget. Those projects often grease compromise, so now Senate Appropriations Chair Jack latvala (R-Clearwater) is proposing a joint rule which will allow budget additions under two conditions.

“Certain categories of projects not included in the original bills submitted to the conference committee may be included in a conference report, if number one, certain information is submitted at the time the project is proposed to the conference committee. And number two, very importantly, the conference committee provides time for public testimony, which would outline the projects” explained the senior Senator.

A House panel voted 10-5 today in the state capitol to abolish 28 state run incentive programs, including Enterprise Floria, the state’s business development arm. CEO Chris Hart says he’s tightened travel procedures and reduced salaries since taking over the troubled agency in January.

“We understand the taxpayers is ultimately funding economic development” says Hart. “Its a public good, just like transportation and education are public goods. And because of that, we recognize that taxpayers are out shareholders, and we’re always looking to bring the highest return to the shareholder we possible can.”

Keeping funding for Enterprise Florida is a top priority of the Governor.

Legislation filed today in the state Capitol would allow people to donate their electronic medical records after their death to research. All or just part of the records could be donated. Sen. Jeff Brandes says researchers crunching the data in the records could be lifesaving.

“Ultimately those medical records should be able to be donated to for longitudinal studies for research and science that’s currently not being done” says Brandes. “We think we’ll be the first state. we think we’ll save thousands of lives by making this available to for research”

the legislation allows records to be donated anonymously.