Florida lawmakers are moving quickly to ban vaccine and mask mandates for employees and students.
They are expected to wrap up their five-day session in just three and some of the most heated debate is over a 20-year-old law that has never been used.
Following the attacks on the twin towers, Florida lawmakers meet in a special session like the one this week and approved a bill giving the Surgeon General the power to force people to be vaccinated.
State Senator Aaron Bean is leading the charge to to repeal the vaccine authority.
He painted a graphic picture of what the future could look like if it remains on the books.
“That picture will be there down the road somewhere in Florida of somebody being held down against their will and having a vaccine or whatever it is injected into their person,” said Bean.
Opponents argued that even though the power has never been used, it may be needed in the future.
“The idea is to protect the public,” said State Senator Audrey Gibson.
Activists testified the law didn’t go far enough.
“It’s still in other places,” said Boca Raton resident Nikki Celso.
Senator Jason Pizzo recounted George Washington once ordered his troops vaccinated, b history lesson didn’t sway anyone.
The Senate Appropriations Committee approved the bill on party lines.
Senator Darryl Rouson voted no.
“He should, or she, should have all the tools available to curtain a public health emergency in their toolbox,” said Rouson.
Senator Jeff Brandes voted yes, but he argued as long as the word ‘treatment’ is still in the law, the bill is useless.
“It does only that it takes out the word vaccine, but it doesn’t actually prevent them from forcing a treatment upon somebody,” said Brandes.
Because the Surgeon General reports directly to the Governor, some lawmakers believe that’s enough control over what treatments may or may not be ordered.
A final vote is expected Wednesday, and since the bill was part of the Governors call, there is little doubt he will sign it.
Newly filed legislation would require background checks for anyone buying ammunition.
The bill is dubbed “Jamie’s Law, for Jamie Guttenberg, who died during the Parkland massacre in 2018.
Jamie’s father Fred, has been fighting to restrict guns since his daughter’s death.
He said the checks would cure a loophole in state law.
“The problem: There’s no requirement for a background check on ammunition sales. So you can be someone who just stole a gun, illegally got your gun from some kind of trafficking or were in possession of it and you are intending a crime. You can walk into any store and buy the bullets and nobody is going to check. If we extend background checks to ammunition, we immediately save lives,” said Guttenberg.
If passed, a person illegally purchasing or selling ammunition would face a third degree felony, which comes with up to five years in prison and a $5,000 fine.
Florida lawmakers began their special legislative session called to push back on national vaccine mandates and protect workers from losing their jobs on Monday.
Legislation is also expected to strengthen the Parents Bill of Rights to clarify they are in control of whether their children wear masks in school.
Before lawmakers ever began Monday afternoon, several dozen central Florida firefighters were already at the Capitol supporting the ban on vaccine mandates.
Most worked through the pandemic and now believe they are getting kicked to the curb if they don’t get a shot.
“I was the 2019 Florida State Firefighter of the Year two years ago, and now since August, I’m fighting for my job,” said Orange County firefighter Jason Wheat.
The firefighters posted a new video online, explaining that they aren’t against vaccines, but believe it should be a personal choice.
“What’s going on right now is affecting firefighters mentally. Very much so emotionally wise, and also physically,” said Orange County firefighter Wendy Williams.
Inside the Capitol Florida Democrats held a press conference pushing back on the GOP agenda.
State Senator Janet Cruz called the session political and a waste of time and money.
“I really, honestly don’t understand why people would walk around unprotected,” said Senator Cruz.
GOP House Speaker Chris Sprowls expects quick approval of the bans on vaccine mandates.
“Can someone have a religious exemption, can that be possible? Yes. Should someone have a medical exemption, or testing, or if they just got COVID last week, should they have to be vaccinated this week? Does that make sense? If they are pregnant, should they have to get vaccinated? If they are willing to submit to daily or weekly testing, should they have to get vaccinated?” said Sprowls.
While the session is scheduled to go five full days, lawmakers have scheduled floor votes on Wednesday, which means they could go home two days early.”
The Governor was in Miami early in the day at the Freedom Tower, pushing a plan to restore the symbolic building.
He he didn’t take questions, but the underlying message was made clear by Lt. Governor Janette Nunez.
“The free state of Florida stands with you,” said Nunez.
Several bus loads of firefighters are expected at the Capitol Tuesday, as the full House takes the first vote on the package of bills in the morning.
Pope Francis has bestowed a newly created Guardian of Life award on a Tallahassee man for his work counseling those on death row and in solitary confinement.
The recipient gave up a lucrative Wall Street financial career after a near death experience.
Dale Recinella was a financial services lawyer in his early thirties…
“Making piles of money,” said Recinella.
Until one day in 1988, he ate a raw oyster he shouldn’t have.
“Where I contracted Vibrio vulnificus, a generally fatal flesh eating bacteria from a bad oyster,” said Recinella.
Since that near death experience, Brother Dale as he has become known, has counseled thousands of prisoners over the last 24 years.
“He’s come along at a great time to highlight the injustices that are inherent in our death penalty,” said Michael Sheedy with the Florida Catholic Conference.
His efforts were honored in September by Pope Francis with the first ever Guardian of Life Award.
“And the church is speaking for what it believes is god’s heart, that there is no reason to be executing people in our day and age,” said Recinella.
The award was the reason for a hundred-strong virtual recognition Wednesday, which included these words from exonerated Juan Melendez.
“Dale helped me believe in dreams,” said Melendez, who spent a total of 17 years on death row.
It has been 26 months since Florida has had an execution.
Brother Dale said that shows people are still safe.”
“Do we really have to kill them? And I don’t think we do. I don’t think we’ve ever been less safe for not killing anybody who we can incarcerate and protect society from,” said Recinella.
Death row’s population stood at 304 Wednesday morning, down more than a hundred from its peak.
Dale’s wife Susan, a psychologist, has been with him counseling inmates the entire time.
Florida has executed 99 people since 1979.
At the same time, 30 people on death row have been released.
Scott Maddox, the former Mayor of Tallahassee and his longtime business partner report to a yet to be disclosed Federal prison today after convictions for honest services and tax fraud in August. As Mike Vasilinda tells us, they enter prison the same day the man who paid them a hundred thousand in bribes is sentenced to three years in prison and a 1.25 million dollar fine in Federal Court.
Tallahassee Developer JT Burnette entered the federal courthouse facing70 years on five corruption convictions.
The question, “Was it worth it?” Went unanswered as he entered the courthouse.
Burnette was convicted of bribing former Tallahassee Mayor and two time statewide candidate Scott Maddox and his business partner.
None of the convictions were likely without Erwin Jackson. He spent the last dozen years battling corruption in the state Capitol.
“And he decided he would rather write a check and gain an advantage over his competition, and that’s a problem with the business community.” Jackson told us before heading to the courthouse to see Burnette’s sentencing.
To draw attention to the corruption, Jackson handed out plies of real cash at a city commission meeting in September 2017.
“I put on a visual display about what corruption is” Jackson told us at the time.
The FBI conducted at least two investigations and likely impacted the 2018 race for governor, when mayor Andrew Gillum faced off against Ron DeSantis. The GOP used the investigation to slam Gillum in TV spots across the state that said: ”Twenty FBI agents spent two yers investigating the city during Andrew gillum’s tenure.”
DeSantis won by four tenths of a percent.
Ethics watchdog Ben Wilcox says the Capital City continues to pay a price.
“Nobody wants to come to a community that’s known for pay to play corruption” said Wilcox, adding that everyone in the community is paying a “corruption tax” in fewer jobs and higher city spending.
Jackson’s day job is renting apartments to students, and his annual property taxes run into the hundreds of thousands of dollars.”
We asked Jackson why he cared so deeply for so long.
”Every time I see a dollar being stolen from the city, I think is my personal dollar” was his response.
And while many in the city hail the sentencing as the conclusion of a sad time, Jackson says it ’s far from over.
And Jackson plans to present evidence of theft by a former city manager at the Tallahassee city commission meeting tomorrow, and believes more indictments are coming.
Guns made from 3D printers or manufactured by a person are legal in Florida and the US, but those in the business of manufacturing firearms are required to apply for a serial number and register the firearm. As Mike Vasilinda tells us, Two Florida lawmakers now want to make manufacturing your own gun illegal.
At Colonial Williamsburg, actors put on a daily show for tourists, giving this warning first: ”Go ahead and cover your ears” before a cannon fires.
During the revolution and afterwards, virtually every firearm was home made.
But now two Florida Democrats want to outlaw so called Ghost guns: Senator tina Polsky’s argument is that the law hasn’t kept up with technology.
“There was no such thing as a 3D printer ten or twenty yeas ago.There was no such thing as Ghost guns that were assembled, purchased on the internet” Polsky said during her press conference to announce the bill filing.
Unlicensed frames and receivers, the two key parts of a gun, would be illegal starting starting in January 2023. Fred Guttenberg lost his daughter in the Parkland massacre, and has since become an advocate for stricter gun control.
“Ghost funs and there usage is exploding, especially in states where we do have stronger gun safety laws” says Guttenberg.
A check with FDLE found no ghost gun statistics.
So far, no Republican has signed on the to this legislation, and neither the police chiefs and sheriff’s associations have reviewed it or make a recommendation.
The NRA declined to be interviewed but did provide us a statement from their national headquarters, saying in part, “It’s still illegal for prohibited people to possess and those in violation are subject to ten years in prison.”
A first offense would be a misdemeanor; a second offense would be a third degree felony.But first the legislation must has to be heard and passed. Lawmakers begin their annual session January eleventh.”
Here is the NRA’s full statement:
“The NRA supports the Second Amendment right of law-abiding Americans to make their own firearms for personal use without the permission of the federal government. Firearms made by individuals are subject to the same rules and regulations as firearms manufactured by a company. It is still illegal for prohibited people to possess them and those in violation are subject to 10 years in prison. People have made their own firearms since before the country was founded and there is no valid reason any law-abiding person should be barred from possessing them. If federal, state and local governments are interested in making their communities safer, they should enforce the laws on the books and arrest and prosecute criminals who break the law.”
A man who spent 37 years in state prison for a rape and murder he didn’t commit is also being barred from being compensated for his wrongful conviction.
Efforts are under way to eliminate or bypass the so called “clean hands” provision that bars compensation if there had been previous convictions.
55-year-old Robert Duboise has been walking the halls of the state Capitol seeking compensation for 37 years he spent behind bars.
It has been ruled a wrongful conviction.
Duboise has maintained his innoncence the entire time.
“You just got to keep your faith. That’s what its about. You’ve got to have patience. It’s easy to get in there, but its hard to prove your Innoncence once you’re in,” said Duboise.
His problem is that he had previously been sent to prison for nonviolent felonies.
Under Florida law, anyone wrongly convicted seeking compensation must have a clean record.
“An incredible story,” said State Senator Jeff Brandes.
Brandes has filed legislation waiving the clean hands provision for Duboise.
“We’ve taken a portion of their lives as a state then they should be compensated for that wrongful conviction,” said Brandes.
State law sets payments for wrongful convictions at $50,000 a year.
In Mr. Duboise’s case, he would qualify for $1.85 million.
This week Robert met with lawmakers, including Senate Democratic leader Lauren Book.
He was describing how he helps feed the homeless
”So what I did was started making bag lunches,” said Duboise.
”How do you stay so positive?” Asked Senator Book.
“You have to,” replied Duboise.
In 2020, lawmakers waived the clean hands requirement for Jacksonville’s Clifford Williams.
If they do the same for Duboise, he’s already got a plan in place.
“I would get me a house, which I’ve never had, and just concentrate on the future. Invest, and just keep pushing forward,” said Duboise.
And even if the money comes through, Duboise told us he’s going to keep working.
Since his release last fall, Duboise has been working as a handyman, doing small construction and maintenance projects.
The legislation also apologizes for the wrong, and provides Duboise with 120 hours of trade school or college free at a state institution.
A Texas couple who discovered spy cameras in their Manatee County AirBNB was before the Supreme Court of Florida Wednesday morning asking for their day in a trial court.
The couple has been blocked from suing because they agreed to the vacation rental’s terms and conditions.
When someone signs up for AirBNB and most other online platforms, they must first agree to the company’s Terms of Service.
But did a Texas couple agree to be spied on?
The couple, known only as John and Jane Doe were at the Supreme Court of Florida with an uphill argument: Giving away their legal rights to a third party was not clearly stated.
“They give the power to an arbitrator to make a decision, but it’s not supposed to displace the trial court’s inherent authority to make that decision too,” said attorney Tom Seider, who is representing the couple.
AirBNB’s disagreed.
“Terms of Service begins with all capital letters. Read these terms of service. Your legal rights and remedies are limited,” said AirBNB attorney Joel Perwin.
Justices asked why the language weans’t more clear.
“Just three or four, five, six, seven more words that basically say your arbitrator is going to decide whether he or she gets the case or not,” said Justice Jorge Labarga.
The spy cameras weren’t mentioned in court at all Wednesday, and won’t ever get before a judge unless the Supreme Court decides the terms and conditions were’t as clear as they could be.
Afterward the couple’s attorney said they knew they were giving up some rights, but not others.
“Our contract doesn’t talk about surveillance. It says we’ll arbitrate claims over deposits or if the property doesn’t match up with what we saw online. So we agreed to arbitrate those claims. We didn’t agree to arbitrate whether we were illegally surveilled,” said Seider.
The bottom line is that terms and conditions seldom benefit the consumer, so buyer beware.
Only one of at least three Florida appellate courts has ruled against AirBNB in cases like this one.
The different findings are why the case is before the Supreme Court.
Florida has been working on creating a digital drivers license since 2014, but has been hampered by a lack of national standards until now.
A new secure app became available Wednesday morning, but won’t be fully turned on until mid-November.
State Representative Fiona McFarland said if it had come online sooner, the application could have saved the state millions in unemployment claims.
“It was difficult to show that the person applying for unemployment benefits was who they said they were and there were some different hacks and spoofs that happened. And if this mobile drivers license had been in place, it would have been a fantastic way to identify that the applicant was who they said they were,” said McFarland.
An education campaign for drivers and law enforcement will launch soon.
Drivers must consent for the digital information to be transmitted to police or merchants checking IDs.
And while the rollout is coming soon, the state will be taking baby steps to make sure the app is secure and that police have the equipment to receive the device’s information without ever having to hold your phone.
The special session of the Florida Legislature called by Governor Ron DeSantis is less than two weeks away.
It was called to deal with mask policies, vaccine requirements and other COVID-related issues, but as of Tuesday, there was still no specific language for lawmakers to chew on.
With lobbyists in the hallways, Florida’s Capitol resembled pre-pandemic days this week, but vaccines and mask mandates are very much on the agenda in the coming special session.
“To add protections for people in the state of Florida,” said Governor Ron DeSantis when announcing the session in late October.
The Governor has said businesses mandating vaccines should lose COVID protections passed last year.
Republican Senator Jeff Brandes passed those protections and doesn’t see them changing.
“I don’t plan to support anything that would remove the COVID protects for business, period,” said Brandes.
“We’re gonna see where we land on that as we get ready to launch a special session,” said State Senator Travis Hutson. “I would say it’s in the discussions between the House the Senate and the Governor.”
Hutson, who represents Palm Coast, told us specific bills will be out soon.
“Friday, Saturday. We’ll probably launch some bills then,” said Hutson.
Among the legislation likely to be introduced is a plan for the state to create its own workplace safety agency, replacing the federal agency OSHA, which is about to issue vaccine mandates.
Democratic Senator Audrey Gibson argues businesses should be left alone.
“Those businesses in those communities should be able to to exercise their freedom based on the conditions that they know are happening,” said Gibson.
Florida Agriculture Commissioner and Gubernatorial hopeful Nikki Fried blasted the call for a session.
“And I do hope that this Legislature steps up to the plate, does what right for the people of our state and pulls back the request for the Governor,” said Fried.
Brandes and other GOP lawmakers told us they believe the Governor will come away with a legislative win, even if it’s not everything he wants.
The dilemma is that GOP lawmakers are pro-business at almost every turn, so they have a small needle to thread to make the results acceptable to their base, businesses and parents alike.
The state’s tourism and marketing agency’s life would be extended until 2031 under legislation approved by a Senate Committee in the State Capitol Tuesday.
The agency was nearly abolished in 2019, but its life was extended until 2022 when the pandemic hit.
Tuesday’s action was supported by the Florida Restaurant and Lodging Association, which told lawmakers the agency has been instrumental in the state’s economic recovery.
“Extending the sunset day allows VisitFlorida to really dig into its mission, attract top talent and develop innovative marketing strategies for the short term and the long term. All of these benefit all Floridians because tourism is the engine for Florida’s economy,” said Samantha Padgett with the Florida Restaurant and Lodging Association.
The agency has been having trouble recruiting top talent who were concerned their job would only last a year or two.
The Florida House rejected a plan to keep the agency in-business indefinitely, but it agreed on the 2031 date, which future legislatures can extend or honor.
After initially telling three professors they could not testify against the state in an elections lawsuit the University of Florida has now relented.
But the University has now set conditions for the professors to testify in court.
Professors Daniel Smith, Michael McDonald and Sharon Austin were all notified in mid-October that the University of Florida would not allow them to testify in a lawsuit challenging election law changes.
Documents filed in Federal court show UF believed the testimony created a conflict between the state and UF.
Senate Bill 90 prohibits unattended ballot drop boxes and prohibits the possession of more than two mail ballots by a single person.
In its suit, Rising Florida argues the changes impose substantial restrictions on voters.
The Governor and a handful of lawmakers who negotiated the deals on SB 90 are all fighting subpoenas requiring them to testify on why the legislation was needed.
Senator Dennis Baxley sponsored SB90, but on Monday he wouldn’t talk about trying to block efforts to have him testify in the case.
”It’s time for me to hush and let them do their business,” said Baxley.
The professors have testified against the state before.
Smith worked with voting rights advocate Desmond Meade to win the right of felons to once again vote.
“In our case, he was very helpful because he gave us a better idea of the number of people that was impacted by fines and fees, and so it really helped to tell our approach as to how we were going to attack that problem,” said Meade.
Democrats called the affair an example of the state’s top down management style.
“It’s the universities, they way one individual thinks they should be run, or they won’t be given their allowance,” said State Representative Evan Jenne.
The University has now clarified its position.
The professors can testify, but only on their own time and without compensation.
When asked about the university’s decision Governor DeSantis’ Press Secretary Christina Pushaw told us the Governor ‘has always championed free speech, open inquiry, and viewpoint diversity on college and university campuses’.
“The Constitution guarantees the right to free speech, but not the right to receive compensation for speech,” said Pushaw.
Full statement from UF:
“The University of Florida has a long track record of supporting free speech and our faculty’s academic freedom, and we will continue to do so. It is important to note that the university did not deny the First Amendment rights or academic freedom of professors Dan Smith, Michael McDonald and Sharon Austin. Rather, the university denied requests of these full-time employees to undertake outside paid work that is adverse to the university’s interests as a state of Florida institution.”
“It is worth noting, the university views the professors’ request as a request to be paid to testify against the state, and the university, as a public institution, is part of the state — therefore, that would be adverse to the university’s interests. However, to be clear, if the professors wish to do so pro bono on their own time without using university resources, they would be free to do so.”
Full State from the Governor’s Office:
“Governor DeSantis has always championed free speech, open inquiry, and viewpoint diversity on college and university campuses. Earlier this year, he signed House Bill 233, which requires state colleges and universities to conduct annual assessments of the viewpoint diversity and intellectual freedom to ensure that Florida’s postsecondary students will encounter diverse ideas and opinions, including those that they may disagree with or find uncomfortable.”
“UF’s statement reiterated the university’s long-standing commitment to academic freedom. UF denied the requests of full-time university employees to undertake outside paid work that the university considers adverse to its own interests. Those professors, like all UF professors, are free to express their own opinions about this and other issues. In fact, these faculty have openly stated their disagreement with their institution’s policy: For example, Professor McDonald tweeted “I won’t back down” and asserted his opinion that faculty are being denied their right to free speech. Professor McDonald and all faculty members are entitled to their own opinions.”
“The Constitution guarantees the right to free speech, but not the right to receive compensation for speech.”
“The fact remains that all public universities, including UF, have policies around situations where conflicts of interest may arise, including paid testimony in a lawsuit. The UF policy that requires professors to seek approval for paid outside work to prevent conflicts of interest was established well before SB 90 and the lawsuit; therefore, it could not have been a reaction to this case.”
“The governor’s office did not create UF’s policy on conflicts of interest, nor did the governor tell the university – directly or indirectly – how to enforce their own policy.”
Visitors to the State Capitol got a free piece of pizza as part of a political statement Monday.
Represent US, a grassroots organization calling on lawmakers, was making the point that during this year’s redrawing of political maps, lawmakers shouldn’t be allowed to pick who they represent, just as Represent Us was giving free pizza to the customers it was choosing.
“Pizza places shouldn’t hand pick their customers any more than politicians shouldn’t and pick their own voters. So this is a public education campaign to educate voters across the country about the redistricting process that happening right now. It’s a once-in-ten year process. And talking about the threat gerrymandering poses to our democracy,” said Joe Kabourek with Represent US.
Represent US argued the best thing voters can do is require lawmakers to be transparent about how and why maps are drawn in particular ways.
For the second week in a row, Florida’s elections Supervisors are reaching out.
Last week it was a letter to officials asking them to tone down the rhetoric and this week it’s a letter to voters asking them to not to be fooled by misinformation.
Last November, Governor Ron DeSantis said the ghost of the Florida’s contested 2000 election was finally dead.
“Finally vanquished the ghost of Bush v Gore,” said DeSantis.
But for some doubts remain.
A Walton County man is facing $50-a-day fines for violating sign regulations for displaying a ‘Trump Won’ banner.
Rep. Anthony Sabatini has filed HB 99, calling for a forensic audit of Florida’s 2020 election, which Trump won by four points.
“There’s a lot of people in the state who do not trust the verification of this election. They don’t trust it, and they know an audit will show it was either completely fine or not completely fine. That’s the only thing it will show,” said Sabatini.
Next year’s August primary is 300 days away and the November General is in 377 days.
Election Supervisors are already worrying the chatter and rhetoric from elected officials and others is casting doubt over what they do.
Mark Earley is the President-Elect of the Supervisors Association, which has now sent letters to elected officials and voters attempting to instill confidence in the system.
“The power of social media and combined with human frailty. Those two are mixing together in a way that’s never happened before. I think some people have used that, are abusing that, to sway people’s opinion and undermine their faith in elections,” said Earley.
Supervisors told us they had to start their campaign more than a year from next fall’s election to fight through the clutter of social media and assure people their votes really do count.
If the mistrust lingers, it’s only going to make the supervisors job that much harder.
Florida’s new Surgeon General has only been on the job a month and he is already taking heat after refusing a request to put on a mask in a state Senator’s office.
Last week, Joseph Ladapo was making the rounds in the State Senate Office building.
He stopped in to see Senator Tina Polsky, a Democrat.
She told him she has a serious health condition and asked he wear a mask.
“I ask everyone to wear a mask in my office,” said Polsky, who was recently diagnosed with breast cancer.
He refused.
“It was like a negotiation, and at some point I said, you know, if you won’t wear a mask, I know all I need to know about you. You can leave now,” said Polsky.
One the way out, Polsky told us one of her aides heard Ladapo say: “Sometimes I try to reason with unreasonable people for fun”.
“He doesn’t have the basic human skills of a human. He doesn’t have the skills of a physician to care about me as an individual when I told him I had a serious medical condition,” said Polsky.
Senator Polsky was upset because two aides with the Surgeon General did nothing to encourage mask wearing and did not wear one themselves.
Calls to the Department of Health have gone unanswered.
Over the weekend, Polsky’s office received an anti-Semitic voice mail and numerous hateful emails.
“A couple of them were threatening. Someone said they hoped I died of cancer,” said Polsky.
In a memo to Senators and staff, GOP Senate President Wilton Simpson called the encounter unprofessional and disappointing.
Agriculture Commissioner and Gubernatorial Hopeful Nikki Fried said she believes Ladapo has no place in Florida.
“And certainly this is not someone who should be leading our state during a health care crisis,” said Fried.
Even before the incident Sen. Janet Cruz was unhappy with Ladapo, but lamented there was little Democrats could do during his confirmation.
“The majority vote rules,” said Cruz.
After last weeks incident, some Republicans might share her concerns.
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