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Thousands of untested sexual assault kits sit on shelves in police departments across the state – and advocates say the untested kits could mean rapists are walking free. As Matt Galka tells us, Florida’s legislature took a big step in ending the rape kit backlog Wednesday.

A Florida Deaprtment of Law Enforcement study found that more than 13 thousand rape kits sat untested in the state. Lawmakers scrambled this year to find a legislative fix for the backlog.

The state is only the Governor’s signature away from setting new guidelines for testing sexual assault evidence.  House sponsor Janet Adkins says her bill can help get felons off the street.

“How did that happen that we have so many evidence kits sitting on shelves and these victims have not received justice,” said Rep. Adkins (R-Fernandina Beach).

Part of the problem was funding.  The legislature’s earmakred more than two million dollars so far to deal with the untested kits.

“We want to make sure that sexual assault kits arriving at FDLE are also timely tested, so I think the plan that we’ve developed is fully funded and addresses the issue 100 percent,” said Sen. Joe Negron (R-Stuart). Negron was the vice chair of the criminal justice budget conference.

Lawmakers hope the additional funding can help clear the backlog in three years or maybe even sooner.

“The original estimate was eight or nine years and that was unacceptable,” said Senate sponsor Lizbeth Benacquisto (R-Fort Myers).

FDLE’s plan estimated clearing the backlog would cost around $8 million dollars. That included money for pay raises and equipment.  Clearing the backlog and securing proper funding to do it is one of the Attorney General’s top priorities.

“We fully support it but in the long run we need to hire more analysts, pay them competitive salaries with other states, and ultimately we need to build another lab to test this DNA,” said Pam Bondi.

The funding will help the FDLE outsource some of the testing work in order to get it done quicker.

The bill requires law enforcement to submit kits for testing within 30 days and for labs to test the kits within 120 days.

Florida is one step closer to having a death penalty on the books once again. The US Supreme Court told lawmakers in January it wanted more jury involvement in the decision to impose death. Now as Mike Vasilinda tells us, lawmakers are responding with legislation likely to be challenged.

New death penalty legislation requires a unanimous jury to agree on at least one factor that is so heinous or cruel that it makes a crime eligible for a death. Sen. Greg Evers read from the US Supreme Court decision.

“A defendant has the right to have a jury, not th judge, find the fact necessary to impose a sentence of death” read the Senate Criminal Justice Chair.

But the Senate was closely divided on whether after the first vote, a ten-two jury recommendation was enough, or if a jury should be unanimous in a recommendation for death.

Sen. Darren Soto (D-Orlando) says a unanimous jury leaves no doubts.

“There should be no doubt among any of the jurors is that this is the right thing to do” says Soto.

Supporters of the 10-2 recommendation say the decision was a compromise with the House, which wants a 9-3 vote.

“If we do not come to an agreement and fix this, then there will be justice delayed for victims and victims families” said Sen. rob Bradley, who helped work out the compromise.

State Senator Geraldine Thomson, whose husband is a retired judge, says the compromise is a mistake.

“Judges are uncertain in regard to what the jury really decided. And with a unanimous verdict, they know without question that this is the will of the jury” says Thompson.

Prosecutors pushed hard for the ten-two recommendation. Had it not been for that pressure, the Senate likely would have gone with a unanimous verdict.

Bill Cervone is the State Attorney in Gainesville (8th Circuit)

“The fundamental problem prosecutors have is giving the opportunity for one or two jurors to highjack the entire process” says Cervone.

Only Alabama and Delaware require less than a unanimous jury in a death case.

The legislation does not speak to the fate of the men and women already on death row. Attorneys are arguing that all 389 should receive life sentences. Prosecutors believe only those inmates who appeals are not finished are likely to have their sentence reduced to life.

Governor Rick Scott’s top two priorities this legislative session have been a billion dollar tax cut and the creation of a 250 million dollar fund to lure new businesses. As lawmakers finish spending plans, Scott is getting about 400 million in tax cuts and nothing for new industries. Scott said today he is still working with lawmakers on the tax cuts, but conceded the economic development cash is likely dead.

“We have about 277 projects right now at enterprise Florida. It would be about 50 thousand jobs if we got all those. Now, unfortunately, those are all going to go away. that’s too bad because there will be individuals who will not have a job because of this decision” said Scott.

Scott has the final word on the budget with his veto pen. Last year he vetoed 461 million dollars in legislative projects.

9 days remain in the legislative session and agreement on a new gambling compact with the Seminole Tribe is no closer now that it was 8 weeks ago when the session began. Gambling interests have tied expanded card rooms and slot machines for dog and horse tracks to the Seminole deal. Today, Governor Rick Scott, who negotiated the deal with the Tribe says legislative inaction could cost thousands of jobs.

“it’s good for the citizens of our state, but it’s up to the legislature to make their decision on what they want to do. Now, ,according to the Seminoles, if the compact is not passed, thirty-seven hundred people are going to lose their job. But that’s the opportunity  the legislature has to make a decision” says Scott.

The new gaming d

Governor Rick Scott isn’t wading into an endorsement just yet in the GOP Primary for President. Early voting has already begun for the March 15th Presidential Preference Primary. Scott is widely believed to be planning on a Donald Trump endorsement, but at the Capitol today, Scott outlined his criteria but did not name a candidate.

“We need somebody who will say I have a plan to add twelve million jobs. I have a plan to reduce the deficit.I have a plan to eliminate ISIS. that’s what I’m looking for.”

q:” Would you support the Republican nominee, regardless of who it is?”

A:”I will support the Republican nominee” says Scott.

Scott’s concession that he would support whomever republicans nominate is a major step forward for whomever the GOP nominates.

Legislation outlining insurance requirements and background check requirement for ride sharing drivers such as Uber have run into problems at the State Capitol. Uber is blaming Senate President Andy Gardiner for holding up legislation because of ties to taxi interests. Today, Governor Rick Scott waded into the muddy waters or ride sharing.

“I don’t believe the government should be picking winners and losers. Ah, I think that we ought to make sure that anybody who wants to provide a great product to our state, that keeps our citizens safe, they ought to be able to provide that produced or service” says Scott.

Scott did not say ifs he is pressuring one side or the other. 9 days remain in the legislative process and resurrecting ride sharing legislation is still possible.

Two bills dealing with gambling were pulled from the agenda of a powerful state senate committee today over disagreement about expanding gambling. Under one bill, slot machines would have been authorized in six counties that have voted yes, causing other parimutuels to seek expanded gambling. Senate Appropriations Chairman Tom Lee says he pulled the bills because there is no agreement with the House.

“House and Senate are a long way apart. They’re  is a wealth redistribution bill I call it that travels along with the compact. Sort of a ransom for the passage of a compact, and in order to get that bill off the floor, we have to swallow a radical expansion of gaming. there’s lot of members who are uncomfortable with that” says Lee.

The bills could be back before the committee on Thursday, but that would take some agreement with the House, which doesn’t seem likely soon.

Fracking opponent s can breathe a sigh of relief tonight. Legislation prohibiting local governments from banning fracking died on a 10 to 9 vote last week in a state Senate committee, but was kept alive on a procedural move. Today, the sponsor acknowledged he couldn’t change votes in his favor, likely killing the bill for 2016. Opponent Merrillee Malwitz-Jipson called it the zombie bill because it kept coming back to life.

“I think oil and extortion in the state of Florida isn’t viable. I think we rely so much on our water for our whole economy, and if it gets tainted or polluted, if it gets impacted from this type of process, we will all feel the ramifications. Certainly, after the BP oil spill, we saw what that felt like. We don;t want to see anything that could have those types of dire consequences our water or in our Floridian aquifer” says the Canoeing business owner.

Lawmakers voted no expressed doubt about the unknowns of fracking in a state like Florida with shallow ground water sources.

Legislation ending permanent alimony for divorcing couples in Floria took a giant step forward today in the State Capitol. As Mike Vasilinda tells us, efforts to make the change apply only to couples yet to marry failed.

Alimony could soon be calculated based on the number of years in a marriage multiplied by the difference between the incomes of the divorcing couple.

Sponsor Keli Stargel (R-Lakeland) says the legislation will simplify divorce.

“This approach will reduce litigation that inflicts an economic and emotional toll on the spouses and their families” Stargel told the committee.

The idea brought dozens of people to the Capitol. Many see it as an attack on wives who gave up all for children and a family. Barbara DeVane represents N.O.W. (National Organization for Women).

“If a woman says home for just a few years and takes care of children and then tries to enter the workplace, she’s out of luck” says DeVane.

But women who have been paying alimony for years longer than the  length their marriages say the change is sorely needed. Dr. Natalie Sohn is an O.B.GYN paying alimony.

“It wasn’t fair. I won’t be able to retire. I have a very high amount because they based it on my best year ever” says the doctor.

One of the most controversial provisions says 50/50 child custody is the starting place for a judge to consider. Karen Librizzi asked pointedly:

“Do you really want all our children to be raised by day care centers? Because you’re telling us all just to go to work.”

Efforts to make the new formula apply only to couples who marry after this bill takes effect, failed.

Some fear the change will lead to widespread poverty.

The legislation allows the both sides to go back to court when circumstances change. Alan Frisher, Pres. Family Law Reform has spent eight years trying to pass the legislation.

“If the recipient of alimony is making more money, why does the payer of alimony still pay that same amount” he asked.

In 2013, Rick Scott vetoed a similar bill allowing divorced couples to go back into court retroactively. Scott will celebrate his 44th wedding anniversary in April.

Lawmakers who disagree with the Supreme Courts same sex marriage ruling want to make sure churches don’t have to compromise their faith to perform same sex marriages. As Matt Galka tells us, religious supporters went to Tallahassee today to support their cause.

More than one hundred pastors and religious freedom supporters made their faith known outside of Florida’s Capitol Tuesday.

The We Stand With God Rally focused on supporting the Pastor Protection Act.  Central Florida pastor Dexter Sanders said society needed people of faith to come together.

“It’s time for us to stand up and fight against same sex marriage and abortion and government intrusion that have been tearing the country apart for many years,” he said.

The Florida House debated the bill that protects pastors from litigation for refusing to marry same sex couples while the rally was going on.  Senator Aaron Bean (R-Jacksonville) sponsors the legislation in the Senate.

“We spent a long time debating this bill and making it just right to make this bill a shield, not a sword, but a shield for pastors and religious churches to make sure they have that religious freedom in our state,” said Sen. Bean.

Opponents admit it will probably pass the Florida House, but they say it’s not needed.

Representative David Richardson (D-Miami Beach) says pastors can refuse to marry whoever they want already.

“We don’t have even one example of anyone filing a lawsuit or even suggesting that they would do that. Same sex couples want to get married by someone who supports their union,” he said.

The bill’s House sponsor said he started crafting the bill before the U.S. Supreme Court made gay marriage legal across the country.

The Pastor Protection act is expected to pass the Florida House Wednesday.

Governor Rick Scott has used just about every speaking opportunity to push lawmakers for a billion dollar tax cut and 250 million dollars for economic development. But as Mike Vasilinda tells us, lawmakers are responding with a resounding NO.

Rick Scott pushed his tax cuts and incentive money at this Capitol rotunda event  in early February.

“We’ve got to keep putting money in Enterprise Florida” Scott said that day and likely every day since.

And the Governor’s Let’s Get to work committee has spent just over a million dollars since the first of the year on TV with this message.

“Attract businesses to move to Florida.”

But lawmakers are saying no. Scott is getting none of the 250 million to lure businesses, and less than half of the tax cuts he has been seeking. Rep. Clay Ingram (R-Pensacola) and Chairman of the Appropriations Committee that handled the tax breaks says s decision as made early on not to find the  incentives package.

“We stand at the House position of zero dollars for the quick action closing fund, the enterprise fund” says Ingram.

Enterprise Florida is already saying that fifty thousand jobs won’t be created because of the decision. But lawmakers aren’t buying it.”

Lawmakers are also pushing back by refusing the Governor’s request to use local property taxes to fund an increase in school funding. Senator Don Gaetz was the first to propose cutting property taxes instead of corporate taxes.

“There are over eleven million property tax payers, i’m told, in the state of Florida. So when we can give tax relief to eleven million people, that’s better than giving it to a handful of corporations” Gaetz told us.

Right now, the so called required local effort costs property owners four dollars and ninety five cents for each one thousand dollars of taxable value.

“There will be literally a decrease in the required local effort down to I think about 4.6 mills.”

Scott was out of the Capitol Monday morning.  His office declined an interview when he returned at midday.

By requiring the required local effort property tax levy, the owners of a home valued at one hundred fifty thousand dollars should see about a three hundred fifty dollar reduction in their property taxes next year.

Science, technology, engineering, and math..or STEM education…got a big push at the Capitol this week. As Matt Galka tells us, as technology students took over Tallahassee, lawmakers on the inside pushed for legislation beefing up computer instruction in schools.

Politicians can be a little robotic…but it was a good thing this week at the Capitol. STEM day allowed student Peter Leonard to show off his science, technology, engineering and math skills.  Leonard wants to take the skillse he’s learned in the Florida Lego League and turn them into a job.

“People say ‘oh I’m never going to use that’ but we’re getting to the point where math is needed more than ever,” said Leonard.

Many of the projects were made outside the classroom.

State Senators passed a bill this week allowing schools to offer computer coding as a foreign language.  High School senior Dustin Carwile said it definitely belongs in classrooms.

“Not everyone enjoys Spanish or French just like anything else. Not everyone enjoys football or agriculture, not everyone enjoys it, so that would be a way to get more of a variety of students where and into things they like and enjoy and are passionate about,” said Carwile.

Department of Economic Opportunity Executive Director Cissy Proctor said she’s not picking a side on the bill…but she sees the value – especially with STEM job demand growing.

Critics of the legislation said it takes away from learning other cultures…and worried that some Florida schools can’t properly incorporate it with limited technology access.

The US Supreme Court ruled last month that Florida juries needed a bigger role in deciding life or death. A legislative compromise has already cleared the State House, but as Mike Vasilinda tells us, that compromise ran into a temporary snag today.

Compromise legislation calls for the jury to vote unanimously twice. Once on guilt, a second time on whether the crime was so bad it warrants death.

“You are hereby committees to the Department of Corrections” said in sentencing Gary Michael Hilton to Death.

After that a third vote with at least a ten two majority is needed to recommend death. Criminal Justice Chair Sen. Greg Evers helped work out the deal.

“There was an agreement between the House and  Senate that we would do a ten-two in lieu of a nine three or unanimity.”

Prosecutors agreed to the 10 – 2 standard.

But Public defenders argue that requiring a unanimous jury  is the only way to make sure the courts don’t step in again. Rex Dimmig was representing the  FL Public Defender’s Assn.

“Require unanimity. Follow the words of the Florida Constitution” Dimmig told the committee.

Then after an informal vote count.

“we’re going to show this bill temporarily postponed.”

The halt concerned victims families. Blake  and Nancy Williams came to tell their daughter Mia’s story.

“She was driven to a secluded place in the woods and her car was set on fire. She was in the trunk and she perished in that fire” said her Father.

Florida has been without a death penalty since the court ruling on January 12th. It wills that way until lawmakers act and the Governor agrees.

The Williams tell us not having a death penalty isn’t an option.

“We’re doing everything in our power to bring justice. Not just for her, but for all victims of horrendous crimes such as we;ve gone through” said mom Nancy.

The bill was brought back up later in the day and approved, but another fight over a unanimous jury is expected.

The Williams never did get to tell lawmakers the story of their daughters death. Her killer got a 9-3 death recommendation. Alabama and Delaware are the only death penalty states that don’t require unanimous verdicts.

Fracking hasn’t found many friends in the public who have spoken out against the controversial practice at the Capitol. As Matt Galka tells us, opponents scored a small victory Thursday, but fracking isn’t a dead issue at the Capitol yet.

Fracking opponents filled the Senate Appropriations committee to capacity Thursday.

Dozens of people from around Florida traveled to Tallahassee to speak out against the drilling and chemical process.  Andrew Rock from Tampa said he couldn’t think of a bigger issue.

“We don’t want to poison our drinking water and we don’t want to look for more oil and gas,” said Rock.

The bill in question – one that would allow the state to temporarily prohibit fracking, study it, then create guidelines for it.

“If this bill dies, we will wake up in March and still have fracking,” said bill sponsor Garrett Richter (R-Naples).

Senators weren’t convinced it was best for Florida.

“I think the major question is are all these risks worth what we would be getting in return. The answer for me is ‘no,'” said Miami Republican Sen. Anitere Flores.

“You say we don’t know if this is dangerous to Florida. Did we wait for them to drop the atomic bomb on Florida to find out if it was dangerous for us?” said Sen. Arthenia Joyner (D-Tampa).

The bill failed, but the issue isn’t dead yet…the committee made a motion to reconsider it.

It means the bill can be voted on again in the two weeks before session ends. Many opponents said if it comes to that – they’ll be back.

The bill has already passed the state House.

Everyone knows about “the cloud.” The digital storage system just floating around carrying some of our personal information. As Matt Galka tells us…lawmakers want to make sure the answer to who gets your digital assets after you pass away isn’t up in the air.

Attorney Pete Dunbar used handwritten accounts to write a book about his father’s experiences in World War II.

“The letters had been written to my father’s mother and father, they were kept by my mother, they were there and available,” he said.

The letters passed down letters provided a first person view of the war.  Dunbar says there’s no way the book could’ve been written if they were online..

“Those would not have been available to me if they were somewhere in the cloud,” said Dunbar.

The question about what happens to your digital assets after you pass away has created some messy situations in the digital age.  Senate sponsor Dorothy Hukill says the bill is necessary now more than ever.

“People are doing banking online, they’re doing all kind of financial transactions online. How would anyone even know about those transactions if they can’t get access and how would they take care of you,” Sen. Hukill.

Bigger internet companies opposed the bill last year, but that wasn’t the case this time around.

House sponsor Jay Fant says the bills help Internet Service providers avoid ongoing litigation.

“There can be some lack of clarity on how to obtain those assets or how to Marshall those assets for the estate. And this bill cleans that up, so in these modern times, these are the kinds of things the law is catching up with,” said Rep. Fant.

A person could grant access to digital assets through power of attorney or will them to a relative under the legislation.