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In June 2002, The U-S Supreme Court issued it’s “Ring Decision” finding only a jury could determine if death was appropriate. Florida Justices immediately downplayed it’s significance..and judges were reminded of that decision this week by the Attorney General’s office because they want to narrow the changes to existing death sentences. Justice Fred Lewis wrote the original opinion.

“We can be wrong. I have to be big enough to admit.”

In January the Nation’s highest court did indeed say Ring applied to Florida. Just Barbara Pariente read it outlaid more than once.

“As we hold the sentencing scheme unconstitutional.”

Death Row Attorneys are asking the court to re-sentence all 389 death row inmates to life in prison. The state wants the court to keep death sentences for everyone already there. Justice Lewis doesn’t think that’s fair.

“And that one person is executed today, but the one that comes up tomorrow is not, and there’s really no difference between their cases” said Lewis from the bench.

Right now, there are 43 active death appeals here at Florida’s Supreme Court. And  because those appeals aren’t final, all 43 will likely be be automatically re-sentenced to life in prison.

But what about the other 346? Since Ring, 40 inmates went to their death in Florida.

Rex Dimmig is the 10th Circuit Public Defender. “So they followed their normal procedural sorts of rules. Unfortunately it does result in people having been executed that we now know were unconstitutionally executed” says Dimmig.

Now the court must decide if it wants to chance getting it wrong again by keeping most death sentences. dOr avoid that mistake by sentencing every prisoner facing death to life without parole.

State lawmakers are looking at new sentencing schemes for Florida. This week a House committee adopted a 9-3 jury recommendation. The Senate is considering requiring a unanimous verdict. Neither house is considering what to do about those already on death row.

It’s been a controversial topic – increasing the minimum wage for what some call low-level jobs. But as Matt Galka tells us, a new study says the low wages that many Floridians are making are costing the rest of the taxpayers billions.

Patricia Walker is a Tampa home care worker making minimum wage. It’s not easy for the mother of two.

“I take care of my clients and make sure they have food, but then I need to go home and open my refrigerator to see what I got to eat,” she said.

Walker pleaded with state legislators to raise the minimum wage to 15 dollars so she and many others around the state can live without assistance.

“We give our heart to our clients or our customers in whatever we do. But who’s gonna support us? Who’s gonna help us out,” she said.

A new study from Florida State University economics professor Patrick L. Mason says that the low wage earners are draining every other tax payer throughout the state.

“10 programs you calculate the total amount that is going to low-wage workers and that’s where the $11.4 billion dollars comes from,” said Mason.

State Democrats filed bills to increase the state’s current 8 dollar and five cents minimum wage.

“Why is it you’re working two or three jobs why is it you’re having to depend on food stamps why is it you’re depending on agencies to make sure you have a quality of life,” said Orlando Democrat Rep. Victor Torres, the House bill’s sponsor.

Even supporters say that it could all just be wishful thinking as the Republican control legislature has no plans to push for a $15 minimum wage.

Bills raising the minimum wage have yet to be heard in both the House and the Senate.

The report is backed by the SEIU public service labor union.

Pastors and their churches could not be sued for refusing to perform same sex marriages under legislation that moved forward today in the State Capitol. As Mike Vasilinda tells us, opponents say it creates a smoke screen for bigotry.

Churches wouldn’t lose their tax exempt status and pastors couldn’t be sued for refusing to perform same sex marriages under the so called pastor protection act sponsored by  Rep. Scott Plakon (R-Altamonte Springs)

“This is a conscious protection bill” says Plakon.

The idea generated a firestorm of emotion as nearly 40 pastors of all stripes spoke out.

Including Pastor D. Donaldson of Miami “Family first starts with a man and a woman. I don’t see it any other way. I will not do it, and I will not let you handcuff me for something I’m doing right for god.”

Pastor Harold Thompson of the United Methodist Church of Miami took the other side.

“It’s divisive. It will rip apart how we understand our faith” Thompson told lawmakers.

Nearly all conceded they are already protected by the first amendment’s freedom of religion clause.

”I don’t need it and I don’t want it” said Pastor Claire Washington.

But the Christian Family coalition pointed to two lawsuits in other states  the embroiled small churches in litigation.  Anthony Verdugo is the organizations Executive Director.

“Yes, we have cases in the United States where ministers have been sued, that’s why we need it.”

Attempts to weaken the legislation were unsuccessful. Rep. Dave Kerner was blunt in his opposition.  “It’s offensive to me” said Kerner.

Even supporters like Rep. Matt Hudson (R-Naples) said they hoped the protections were never needed, but. “You never hope you’re going to need your air bag, right? But frankly, you’d like to have one just in case.”

Supporters called the positive vote a victory.

The legislation’s next stop, a vote by the full house.

A Senate companion still has two more hearings before it could come up for a vote.

In addition to the US Constitution, the Florida constitution protects the freedom of religion.

Legislation limiting appeals court and Supreme Court Justices to two six year terms cleared its final House Committee today and is ready for a vote by the full House. Many see the legislation as payback for unfavorable judicial rulings this past year on legislative redistricting. The legislation was approved today over the objections of the Florida bar. Spokesman Chris Carlyle said experience is important. “it doesn’t make sense to take experienced people who are doing their job, have gained some expertise, some wisdom over a period of time and get rid of the arbitrarily for no good reason.”

Judges are already required to retire at the age of 70.

Divorces can be complicated and emotional, especially when finances and alimony are involved.  As Matt Galka tells us, Florida lawmakers are backing a bill that could put an end to permanent alimony in the state.

The days of paying an ex-spouse for life could be numbered if the Florida House gets their way.  Representative Colleen Burton’s (R-Lakeland) bill would effectively put an end to the permanent payments.

“This is a bill that, across our state, provides a framework that provides wherever you live in the state, you walk in and can ensure you’ll receive equal treatment no matter where you are,” said Rep. Burton.

The bill gives judges a formula to determine limited alimony. Tampa Family law attorney Joseph Hunt says the bill would give uniformity to a complicated issue.

“We have seven family law judges in Tampa I can have the same set of fact and receive 7 different outcomes for alimony, is that fair to the people of Florida?” said Hunt.

Alimony is typically looked at as an ex-husband paying an ex-wife. But Tarie MacMillan says her ex lives off 65 percent of her income.

“No adult should live off another adult is my basic feeling. I mean once my children are 18 they’re responsible for themselves, but if you marry someone and you decide not to be married you can be responsible for paying the rest of their lives or the rest of your life,” said MacMillan, the Vice President of Family Law Reform group.

Stay at home moms are worried the bill could cripple them. Shelly Moxon Lehman says she was a cheated on and a victim of domestic violence before she got a divorce.

“It was not good for our children to be in that but nowadays if there’s no protection for full time mothers, women are going to stay in those relationships, knowing they’re not going to survive,” said Moxon Lehman.

Governor Rick Scott vetoed a 2013 bill that would have ended permanent alimony because it was retroactive.

The bill Is ready for a full vote from the House but has yet to be heard in the Senate

Governor Rick Scott continued his push for a billion dollar tax cut that benefits mostly businesses today, And as Mike Vasilinda tells us the Governor is getting some pushback from lawmakers over who should reap the benefits.

To pitch his tax cuts, Governor Rick Scott took to tossing bean bags in the Capitol rotunda.

“Oh, it’s tied up right now”

He was joined by the leaders of the state’s two biggest business lobby groups.
“It’s unfair that our businesses are in the only state where they pay a tax on commercials leases” said Scott as part of his pitch.

But nowhere in sight were average people who would benefit from the cuts.

When you look at the breakdown, almost all of the money goes to businesses, with only ten or eleven percent going to businesses.

Scott says in the end creating jobs will benefit everyone.

“You’ve seen as we’ve cut taxes, our revenues have grown. Home prices have gone up. People have jobs. We have over a million jobs.”

Four floors up in the state Capitol lawmakers put the initial budget to a vote, but only after criticism that increases in education…more than four hundred million this year are coming from higher property taxes known as the required local effort or RLE. Senate President Andy Gardiner says everything is on the table.

“I think the RLE is certainly in play. I thinks it’s an open discussion. It is a broad based tax cut” gardiner told reporters,

The the Senates powerful chairman of Education Appropriations, Don gaetz (R-Niceville) says 254 million ought to cut from the required local effort.

“That has a positive impact , I guess, on at least eleven million Floridians who pay property taxes” says Gaetz.

As for the bean bag pitching, Scott did about as well as the elements of his tax cut pitch is doing. He came close a bunch of times but hitting the mark just once.

And if you are wondering what tossing bean bags has to do with tax cuts, the game is made in Florida and the Governor is seeking a permeant cut  for equipment used in manufacturing.

Two bus loads of casino workers from Tampa spent the day lobbying lawmakers. They are asking the new gambling deal between the Seminole tribe and the state get signed sooner than late. Black Jack dealer Kandi Karbin says the lack of a deal is causing many to worry.

“Our jobs are at stake. Our livelihood is at stake. We’re here to support the compact be signed once again.”

Q:”And if it isn’t?”

A:”If it isn’t the dynamic would be devastating to thousands of families. The compact will provide nearly 20 thousand jobs directly. and indirectly to the people of Florida” says Karbin.

The Senate says it will roll out legislation next week and hold at least one hearing on the gambling deal.

A day after the Florida Supreme Court stayed a pending execution over uncertainties in the constitutionality of the states death penalty, The US Supreme Court ruled the state’s sentencing scheme of allowing a seven five vote to send someone to death was unconstitutional. Senate President Andy Gardiner says his chamber is planning on getting something done quickly.,

“There is strong believe on unanimous. What I’ve encouraged Sen. Evers, Senator Bradley, and Senator Simmons is a part of this too; we can have that dialog, but its important we resolve this matter this yea and not leave anything to question where we are.”

Senators are also considering allowing a 9-3 or 10-2 jury vote. Only Alabama has less than a unanimous jury requirement among death penalty states. It requires a 10-2 vote for death.

There’s been no shortage of arguments on both sides of a heated back and forth argument on new gun legislation in the state. As Matt Galka tells us, the fates of both the campus carry and open carry bills may already be decided in both chambers.

The Florida House spent three hours questioning two controversial gun bills Tuesday night.  One allows concealed carry on college campuses, the other allows open carry throughout the state. Democrats heavily oppose both.

“There’s two constituencies, right? There’s the NRA, and then there’s everyone else, and the majority of Floridians don’t think there should be guns in schools or guns on college campuses,” said Rep. Jared Moskowitz (D-Coral Springs).

But gun issues rarely have trouble passing the Republican controlled House.  Open carry sponsor Matt Gatez (R-Shalimar) says it’s about liberty for Floridians.

“Why are we one of only five states that doesn’t allow open carry? I would hope that members of the Senate would be with members of the House in trying to provide the most liberty we can,” he said.

But the Senate President didn’t mince word about both bill’s chances in his chamber

“I think they’re in trouble, I think they’re in trouble. They’re in judiciary, it’s not my intent to pull those bills out of committee, it’s up to the chairs to make those decisions so yea, they’re probably in trouble,” said Senate President Andy Gardiner.

The Senate judiciary chairman said he would not hear the campus carry bill in his committee, and it’s not certain if Open carry makes the cut, either. Gaetz says he’s optimistic.

“I don’t know that any bills are in trouble quite yet 4 weeks into the legislative session, we have 5 weeks left of work and I’m hopeful that we’ll at least get an up or down vote,” he said.

The House did amend their open carry proposal; lawmakers could conceal carry in legislative meetings if it became law.

The Florida House went into session at 3 and they’re expected to pass both gun bills this evening. There are ways the Senate could take the bills up even if they don’t clear Senate committees.

It’s been 12 years and counting since the family of a Florida State football player settled with the university following his death after a practice. As Matt Galka tells us, they’ve been in limbo for more than a decade – waiting on lawmakers to approve their claims bill.

15 years ago, Devaughn Darling had big dreams. He was a football player at Florida State University…playing alongside his twin brother, Devard.  And then on February 26^th, 2001, Devaughn died following a brutal morning practice.

“Devaughn is buried in a Florida State uniform down in Houston Texas right now because we love this place so much,” said his brother, Devard.

The Darling family eventually settled with FSU in 2004 for $2 million dollars.  But the school was only allowed to pay $200,000 dollars to the family.  The rest has to be paid by the legislature.  That has yet to happen.

State Senator Arthenia Joyner (D-Tampa) has sponsored the family’s claims bill for seven years.

“The wait for the deliverance of justice for this family is now in its 15^th year, almost as long as Devaughn walked the streets of this Earth,” she said.

The family’s push comes with some irony, as it was FSU day at the Capitol.

Devard Darling says he hopes it’s a sign of good things to come.

“Everything happens for a reason and we believe we’re doing the right thing, we think justice will be served,” he said.

The Senate’s president says he’s open to hearing claims bills, but it starts with the bill passing through the required committees.

The claims bills have been filed in both the House and Senate but have yet to be scheduled for a committee

Florida’s dead penalty was on trial at the Florida Supreme Court today. It was the first death case taken up by the court since the nations high court said in January parts of Florida’s death penalty are unconstitutional. As Mike Vasilinda tells us, now Florida’s Justices must decide if everyone on death row gets a life sentence or if some may still be executed.

Michael Lambrix is scheduled to die February 11th. But his black bordered death warrant was signed weeks before the U-S Supreme Court ruled that the way Florida sentences people to death is unconstitutional. Their reason, because judges, not juries make the final decision. Lambrix attorney Marty McClain told the state Supreme Court the condemned mans death sentence is invalid.

“Under Florida law, there has not been a conviction of the facts necessary to impose death” McClain told Justices

The lawyer wants everyone on Death row to get a life sentence.

“To execute people in Florida on the basis of a statute that has been declared unconstitutional is just wrong” McClain said in closing.

But the State argues the US Supreme Court decision doesn’t apply to the 389 already on death rowans says all should be put to death. Assistant Attorney General Scott Brown said commuting the sentences to life would be “Catasthropic”.

“These are horrible, tragic cases. And to unsettle the expectations of victims family members in that manner is clearly unwarranted” says Brown.

The arguments come as lawmaker are being forced to change how juries decide a death sentence. The current law allows a 7-5 split.
For the last four years, legislation to require unanimous jury verdicts, or even to abolish the death penalty have been introduced. Neither has gone anywhere.1

Juries in Lambrix’s case recommended death by 8-4 and 10 to 2 margins.

Defense attorneys say keeping a death sentence for some but not

everyone already convicted would violate the constitution’s provision for equal treatment under the law.

Today was FSU Day at the State Capitol. President John Thrasher was fully engaged. On Thursday, it’s FAMU day at the State House, but FAMU’s President will not be there. President Elmira Mangum will be in Washington. Many close to higher education say Mangum is snubbing lawmakers at a time when she’s barely recovered from efforts to fire her. None would go on the record, but supporter Arthenia Joyner says the talk of a snub is being blown out of proportion.

“Well, I don’t think she’s snubbing the legislature. she has important business for her university that happens to take place in the nation’s Capitol. And so you have to juggle your schedule and prioritize and I think that we can handle this without her. She has all of us who are graduates, as well as the alumni, and the President and it can be done” says Joyner.

Mangum will be in Washington DC attending congressional meetings and the National Prayer Breakfast.

Legislation to give dogs who bite a second chance at life was given tentative approval by the State Senate today. Know as Padi’s law, the legislation was introduced after a lab mix know named Padi bit a young child’s ear lobe off after the child followed the retreating dog under a desk. Current state law says dogs who cause that kind of injury must be put to death, but a judge gave the dog a reprieve,and now lawmakers are about to clarify the law. Sen. Bill Montford, (D-Tallahassee) has the bill in the Senate.

“For example, if some were to climb into a junkyard, and a junkyard dog bites the person, by law, you’re supposed to put the dog down. And that doesn’t make sense so this is really a clarifying bill and its long overdue” says Montford.

The legislation is expected to be on the Governor’s desk as early as next week.

It’ s not all fun and games when it comes to local and state park policy in Florida’s capitol. As Matt Galka tells us, some lawmakers want to make them more accessible at a local level, while state officials are trying to figure out how to get state parks to make more money.

Giving veterans, their families, and law enforcement and first responders better access to local parks that may charge a fee is gaining steam in the Florida capitol. Representative Kevin Rader’s bill would give them discounted rates.

“It already is law on the state side, our state parks already have it, this bill mimics is on the city and county level,” said Rep. Kevin Rader (D-Boca Raton).

Florida’s Department of Veteran’s Affairs supports the plan.

“We have folks who served all over the globe, they come back home to Florida, they establish residency, they become part of the fabric of our communities and it’s a way of saying thanks,” said Executive Director Col. Mike Prendergast.

The bill is moving while Florida’s Department of Environmental Protection Secretary is trying to get state parks to be self sustaining.

DEP secretary Jon Steverson came under fire in the last year after proposing to open up some state parks to grazing and timber harvesting in an effort to boost revenue. Here’s what he said in 2015:

“I want to say hey what can we do to make our state parks the most beneficial to the citizens of the state, the visitors of the state, and to the environment that we’re serving.”

The local parks bill sponsor says his proposal wouldn’t have an impact on the controversial idea.

“It really does not, this is allowing our service folks who protect us every day to enjoy our city and county parks at a discount,” said Rader.

Environmentalists have heavily opposed the idea of opening up the parks in an effort to make more money.

Social media threats against events or schools can send people into a panic and force lockdowns…all because of a prank.  As Matt Galka tells us, lawmakers want to send a strong message that they’re not finding the “jokes” funny.

Social media posts threatening gun violence at multiple high schools around Florida’s Capitol earlier this week led to panic, low attendance, and extra security from law enforcement.

The threats appear to be a hoax. Now legislators say Florida laws on threats need to be updated.

“If you call in a bomb threat today to a school, that is a felony. If you threaten to go shoot the school up, that is a misdemeanor,” said Trilby Republican Sen. Wilton Simpson.

Simpson sponsors a bill that would clarify the threat laws.

Anyone caught making a verbal threat or writing one on social media could be hit with a felony

Local law enforcement is backing the bill. The Pasco County sheriff’s office cited a similar recent prank threat as a reason why there needs to be uniform penalties for bomb threats and shooting ones.

“Putting online that you’re going to shoot up the school, that could be a misdemeanor if it effected school function. This didn’t effect school function but it sure effected law enforcement function,” said PCSO Cpt. James Mallo.

But Senator Jeff Clemens (D-Lake Worth) worries that saying a juvenile made terroristic threats could ruin the rest of their life.

“I think we just have to be careful when we’re escalating penalties for juveniles who may have done something dumb, but aren’t really a threat to society. I’m not sure I want to label a high school student a terrorist,” he said.

People could face up to 15 years behind bars and pay up to $10,000 dollars under the bill. But a judge could use discretion and shave off some prison time or potentially put a juvenile into a diversion program.

The bill unanimously cleared both a House and a Senate committee this week.