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Florida’s Department of Health says the number of under age children using e-cigarettes doubled in Florida from 2011 to 2012. Lawmakers want to make the sales of the fake cigarettes to minors go up in smoke.

Jim Hampton’s store in Tallahassee is one of thousands of outlets in the state that sell electronic cigarettes.

“Business is good,” says Hampton, the store owner of ‘Just Vapin’.’

Hampton proudly sells the device that he says has helped dozens of customers quit tobacco by still allowing them to inhale nicotine.

With just a few clicks, the e-cigarette can dispense flavored nicotine vapors. It’s something Senator Lizbeth Benacquisto wants to make sure isn’t sold to minors, just like a traditional cigarette.

“Well the trend is that youth are using them in larger numbers and, as a mom, I want to do all I can to protect kids from getting addicted to nicotine at such a young age,” said Benacquisto.

There has yet to be federal regulation on the e-cigs because they don’t contain tobacco. Minors can purchase the cartridges and flavored nicotine juices as they please. Hampton decided not to sell to minors at his store, but he  believes they’re better for kids than real tobacco.

“If my child was under 18 and smoked cigarettes, I would certainly purchase them for him,” he said.

While Hampton supports the bill and regulating the marketplace, his main worry is opening the door to banning e-cigs in public. Benacquisto didn’t go so far as to rule it out.

“If another Senator wants to file another bill at another time, that’s their prerogative, but my desire and the desire of this bill is to keep them from being purchased by minors,” she said.

The bill has passed its first three committees unanimously. The next stop is Senate Appropriations.

If passed, the bill would make selling to minors a second degree misdemeanor, and would be bumped up to a first degree misdemeanor if there are multiple violations in the same year.

The 1989 disappearance of University of Florida student Tiffany Sessions appears close to being solved. Detectives working cold cases in Gainesville have identified a deceased inmate, Paul Rawls, as the likely suspect.

Each year, Tiffany’s mother Hillary places a rose next to her daughter’s picture at the annual Missing Children’s ceremony at the State Capitol.

This year Hillary told us the biggest problem was not knowing what really happened to her daughter.

“The most important thing is resolving the issue on what happened.  “As I wrote in my book she could have been take by an alien, by a stranger or a criminal” says Hillary.

Police have been searching a field near Sessions’ house. It’s the same field where another Rawls victim was found more than 20 years ago.

Florida lawmakers today moved a step closer to allowing private insurers to write flood insurance in Florida. The move comes as efforts to roll back huge rate increases has stalled in Congress.

Homeowners have seen flood insurance rates skyrocket. The culprit, a new federal law designed to make the rates financially sound. The problem. Big sticker shock instead of gradual increases for homeowners. State Senator Jeff Brandes’ St. Petersburg district is among the hardest hit in the state. “Florida has been one of the largest contributors to the national flood insurance program” say Brandes.

Three of every four dollars Floridians spend on flood insurance go to pay claims in other states.

Under the Floridian plan, homeowners would be allowed to reduce coverage as their mortgage goes down.

Sponsor Jeff Brandes told a Senate Committee the bill will help people stay in their homes.

“and I believe without the bill, homeowners would not have this option” he added.

The legislation brought tough questions from Reggie Garcia of the Florida Justice Association. “Lot’s of limitations. This is essentially unregulated rates” is what Garcia told the committee.

Lawmakers raised concerns over how policy holders would find out what’s not covered in here. The fight’s over either putting those exclusions on the front page, or burying them inside.

Concerns were also raised over the complexity of the legislation.

“I’m just a little bit reluctant to vote on a strike everything amendment when I don’t know what’s in their and I don’t fully understand” said Sen. Jack Latvala.

In the end the committee approved the bill…but only after the promise of more scrutiny from the insurance committee. It was that scrutiny that won Arthenia Joyner’s vote.

“We want to make sure its right. We don;t want people paying for something and at the end of the day they can get nothing” says Joyner.

The state insurance program would sunset after ten years. It has been 40 years since private companies sold flood insurance policies in Florida. If the legislation becomes law, those companies could begin selling polices later this year.

 

Ten years ago this past Saturday, the kidnapping of 11 year old Carlie Brucia was captured on a car wash security camera. Today, her convicted killer Joseph Smith had his appeal heard by the Florida Supreme Court, where the appeal was as unusual as the murder ten years ago.

Video of 11 year old Carlie Brucia being led to her death shocked the nation a decade ago…

Her mother made dramatic plea’s for her return, telling a national audience “Please come forward.”

Five days later, Joseph Smith, the man leading Carlie led police to Carlie’s shallow grave. He was sentenced to death.

On Wednesday, the Florida Supreme Court heard Smiths second appeal…and it was as strange as the murder itself. His lawyer argued Smith should have been allowed to question jurors to see if they did something improper.

“Juror Misconduct” he told the court, Even the battle tested Justices were surprised. Justice Peggy Quince asked if that’s all there was. “There were no…no factual issues that needed to be developed…on this record?”“That’s correct mam” Answered attorney Robert Strain.

“I guess it’s just …it defies my…” said Justice Barbara Pariente.

The hearing lasted just half of the allotted time…also unheard of in death appeals.

Afterwards Attorney Robert Strain told us the legs of any appeal were cut from under him When killer Joseph Smith led police to Carlie’s body before ever being indicted.

Smith’s lawyer is banking on coming Federal appeal in which he’ll argue he ought to be allowed to cross examine the chemist who analyized Smith’s DNA

“If a dna expert testifies in court about the lab tests, he has to be the one who conducted the lab tests, not some supervisor reading it. So it’s a complicated case” says Attorney Strain.

The court sent a clear signal it wasn’t buying Smith’s arguments, which moves Joseph Smith one step closer to his execution.

Smith’s attorney did raise five other issues in briefs filed with the court. All contend the Death Penalty is unconstitutional because of jury instructions, lethal injection procedures, or it violates an inmates rights. All have been previously dismissed by the court.

 

It’s been said the two things we can count on in life are death and taxes. Some lawmakers want to make sure there’s no more payments after your time is up.

Dealing with the loss of a loved one can be hard enough. The last thing people want to get hit with is a tax. Some people in the state have to pay a little extra to be cremated. 

 “Not all counties, but some counties, have begun to charge a fee for this service,” said Rep. Ross Spano. 

Almost two thirds of Florida’s counties charge a county service fee for cremation. Spano introduced the bill after dealing with families going through the extra costs during estate and probate court.

“The thinking was we pay lots of fees and surcharges and taxes in our lifetime, maybe it’s a good idea at death not to charge that fee,” said Spano.

The county service fee isn’t charged for traditional burials. The bills supporters hope that this puts an end to taxes after death.

“The taxman shouldn’t be dancing on the graves of those who have died simply to exact another fee after they’re dead,” said Florida Funeral and Cemeteries Advocate James Wylie. 

The cremation service fee varies from nothing to more than $60. Counties using the system would have made about $4 million dollars on the tax if they used it on every person that passed in 2012. Spano says the loss of revenue can be offset by an online death certificate system. 

“We created a system statewide that allows counties to use that system. So they’ve incurred tremendous administrative savings,” said Spano.

The legislation was approved unanimously at its first committee. It has two more to go before heading to the floor.

A bill that would strengthen Florida’s laws on protecting student information has unanimous support from the Senate Education Committee.

The traditional pen and paper is almost obsolete thanks to new technology. Lawmakers want to make sure the same expanding tech isn’t used to gather student information using biometrics.

Senator Dorothy Hukill introduced the bill that bans high tech data collection. “We can get kids through a lunchline without taking their personal information. In this day and age this is something we need to be really concerned about,” said Hukill.

Senate Bill 198 would prohibit the use of things like retinal scanners and computer palm readers from collecting student info at schools across the state.

Devices have already been used at some schools around the state on busses and in the lunchroom.  Concerns about security, lawmakers want to know where the palm readout and retinal scans go, and who has access.

“The technology advances agree today that we have to be exceptionally sensitive and be able to protect the students and information. All you have to look at is what’s happened recently in another arena with Target,” said Senate Education Committee Vice Chair Bill Montford.

Education Commissioner Pam Stewart is opposed to the technology measures.

“I don’t know that those methods are necessary needed in order to ensure our students security but we’re moving forward to make sure that our students and our students information is secure,” said Stewart.

The bill passed the education committee unanimously with a vote of 9 to 0. The bill would also make it mandatory that parents are notified annually about their rights regarding education records.

Florida lawmakers are moving quickly to close loopholes in the sex predator registration and civil commitment laws that allowed accused killer Donald Smith to escape scrutiny. The legislation could be the first bills signed into law this year..

Sex Predators would face increased registration, including their cars and email. Senator Greg Evers told the committee “ I don’t care if they are living under a bridge.”

Legislation would also make it harder for predators to leave custody after their sentences are over.  “The bill fixes loopholes where inmates were inadvertently released from custody. And under this bill, these individuals will be detained and evaluated for civil commitment” said Sen. Denise Grimsley of Lake Wales.

The legislation is on the fast track after last years death of Cherish Perrywinkle. Her accused killer..Donald Smith slipped through the cracks and avoided screening that could have shown he was still dangerous. Sen. Eleanor Sobel is sponsoring one of the four bills. “So we want to make sure that they are not in society and hurting our precious kids.”

Northeast Florida lawmakers, including Sen. John thrasher of St. Augustine are pushing the legislation. “Because I want to get as close to zero tolerance as we can get” says Thrasher.

The Florida Action Committee’s Gail Colletta told lawmakers they were heading the wrong way. She argued better screening up front for everyone arrested would keep kids safer. “And they would have been able to identify at this point that this is a high risk offender, whether sexually motivated or not, that information given to a judge. He would more than likely not been pled down” says Colletta

Lawmakers plan on a full Senate vote on the first day of the legislative session…making it likely that this package will be the first bills signed into law.

Florida’s Sex Predator Legislation in Florida is named for 9 year old Jimmy Ryce, who was murdered in 1995. His killers execution is set for next week.

The legislation also requires at least two experts in sexual predators to agree that someone is not a danger to society before they can be released, even if their sentence has expired.

 

State Attorney’s from 35 counties began reviewing hundreds of drug cases Monday. They’re dealing with the fallout of an FDLE evidence tampering investigation

Willie Meggs handles six counties for Florida’s 2^nd Judicial Circuit. He said his office started going back through almost 50 drug related cases. All relied on the Florida Department of Law Enforcement’s crime lab in Pensacola to test evidence. On Friday, Meggs was forced to ask for an extension on a trial after he discovered some evidence was swapped with over the counter pills “We’ve got to go back and look over all of our cases that have been sent to that lab in Pensacola. Even the closed ones, the tried ones, it’s a pretty big task” says Meggs

On Saturday. The Florida Department of Law Enforcement said they had relieved a chemist at the Pensacola lab  after finding prescription pill evidence was missing. Over the counter drugs had been substituted. FDLE Commissioner Gerald Bailey called the investigation unusual because it involves one of his own. “We have not had a bad apple problem, and this individual would have been way down on my list if you had asked me for that.”

Bailey says the evidence tampering could affect thousands of cases in 35 counties across Florida. Meggs believes the problem is a byproduct of budget cuts to the department.

“This is a spinoff. It would be much better to have more personal contact with our lab people than we do, but in today’s economy we’re not able to do that.”

And with compromised evidence, Meggs and others are unsure how pending or past cases will be resolved…including some who have been convicted and are now certain to appeal.

After being vacant for ten months, Florida has a new Lt. Governor. Former State Representative and Miami Dade Property Appraiser Carlos Lopez-Cantera took the oath of office at the State Capitol today.  The job is largely undefined.

Florida went without a Lt. Governor for almost a hundred years.   The job was re-created in 1968, On Monday, former State Representative and Miami Dade Property Appraiser took the oath in a private ceremony in the Governor’s office. He becomes the 11th Second in command in modern times.

“I just look forward to being a part of the team and helping in any way I can” Lopez-Cantera told reporters outside the Governor’s Mansion. Rick Scott chimed in as well. “He’s going to do a great job.  Look at all the relationships that he;s had to have to get all of the things  he’s gotten done. He ushered in tax reform, he was majority leader, majority whip.”

Lopez-Canter’s father, who shares his son’s name. was understandably proud. “He was a heck of a young ma..but look..he turned out great! I’m very proud.”

A private lunch followed at the Governor’s Mansion. Only one Democrat..A Miami Dade State Senator..attended.

The job of Lt Governor is largely undefined and it can change everyday.

Lozpez-Cantera was majority whip when Adam Hasner’s was majority leader and says

“Carlos is someone who is fiercely loyal, and also fiercely competitive”.

St. Augustine  State Senator John Thrasher was once widely reported to have turned the job down.“He’ll be a real asset to the Governor” Thrasher says, and was then asked why he didn’t want the job. He responded “I’m happy doing what I’m doing… I’m happy doing what I’m doing.”

Lopez-Cantera is the first Hispanic to hold the job. He replaces Jennifer Carroll who resigned in March after being connected to an internet cafe company charged with illegal activity.

After being vacant for ten months, Florida has a new Lt. Governor. Former State Representative and Miami Dade Property Appraiser Carlos Lopez-Cantera took the oath of office at the State Capitol today.  The job is largely undefined.

Florida went without a Lt. Governor for almost a hundred years.   The job was re-created in 1968, On Monday, former State Representative and Miami Dade Property Appraiser took the oath in a private ceremony in the Governor’s office. He becomes the 11th Second in command in modern times.

“I just look forward to being a part of the team and helping in any way I can” Lopez-Cantera told reporters outside the Governor’s Mansion. Rick Scott chimed in as well. “He’s going to do a great job.  Look at all the relationships that he;s had to have to get all of the things  he’s gotten done. He ushered in tax reform, he was majority leader, majority whip.”

Lopez-Canter’s father, who shares his son’s name. was understandably proud. “He was a heck of a young ma..but look..he turned out great! I’m very proud.”

A private lunch followed at the Governor’s Mansion. Only one Democrat..A Miami Dade State Senator..attended.

The job of Lt Governor is largely undefined and it can change everyday.

Lozpez-Cantera was majority whip when Adam Hasner’s was majority leader and says

“Carlos is someone who is fiercely loyal, and also fiercely competitive”.

St. Augustine  State Senator John Thrasher was once widely reported to have turned the job down.“He’ll be a real asset to the Governor” Thrasher says, and was then asked why he didn’t want the job. He responded “I’m happy doing what I’m doing… I’m happy doing what I’m doing.”

Lopez-Cantera is the first Hispanic to hold the job. He replaces Jennifer Carroll who resigned in March after being connected to an internet cafe company charged with illegal activity.

Statement Regarding Screen Identifying Information

Capitol News Service takes full responsibility for an error that resulted in one of our clients, WTVJ incorrectly labeling on screen material.

In a report in which we played a web ad by the Republican Party of Florida, our employees indicated it should have the on screen chyron “ Reprehensive Party of Florida.”  We deeply regret this incident.  The people who made the error and reviewed it without catching it are no longer in our employ.

 

Governor Rick Scott has used job creation as a reelection pitch against former Governor Charlie Crist. As Matt Horn reports – a job growth report supports more jobs, but Rick Scott isn’t solely credited on the increase.

Florida continues to outpace most states in the country by adding private industry jobs. Florida TaxWatch is reporting the highest increase per capita since 2005.

“On a percentage basis, we’re second in the entire country on job creation, only behind North Dakota this year,” said Dr. Jerry Parrish, Florida TaxWatch. “That’s a big improvement.”

It’s a reelection year and Governor Rick Scott is using the increase in jobs as his key pitch to be re elected.

“Florida shed more than 800 thousand jobs in the four years before I took office. Taxes increased, debt increased and the unemployment rate rose to 11 point four percent,” said Governor Rick Scott, (R) Florida.

Florida’s economy plummeted during former Republican Governor turned Democrat Charlie Crist’s time in office. But, during Crist’s time in office, the entire country was in the worst recession since the Great Depression.

“The notion that any one person brought that, or any one governor certainly brought that on, it’s just absurd, it’s laughable,” said Crist. “If they try to sell that to people, people are smarter than that.”

A key factor in Florida’s 2013 job growth is a direct reflection of other states across the country.

“One of the main things is, is record tourism. We’ve had record tourism over the last couple of years and that contributes significantly to not only the economy, but to the state revenues as well,” said Dr. Parrish.

The report shows the only sector to lose jobs was Government…state and federal while local government continued to add jobs. Overall 192-thousand jobs were created in 2013.

A new Quinnipiac University poll shows former Governor Charlie Crist leading incumbent Rick Scott by 8 points. Crist and Scott held a defacto debate this week, even though the two weren’t in the room at the same time.

Rick Scott used his budget unveiling before editors and writers to criticize rival Charlie Crist at least seven times. “Florida shed more than 800 thousand jobs in the four years before I took office. Taxes increased, debt increased,” says Governor Rick Scott.

Crist wasn’t in the room but appeared hours later, fighting back with his own critique. “This is a guy who headed a company that ended up having to pay the largest fine for fraud in the history of the United States of America,” says Charlie Crist.

The sparring match came one day before a new poll shows Crist leading Scott by 8 points. The poll found men split evenly, but women and independents showing strong support for Crist.

Political Scientist Carol Weissert says it is too early to take the numbers to the bank. “Independents are key, right, in Florida and as you know the number of independents is increasing,” says Carol Weissert, FSU Political Scientist.

Governor Rick Scott has been basing his entire campaign so far on an improving economy. One of the surprises in the poll? Only 29 percent say the economy is the most important thing.

While Scott was bashing Crist, the Republican Party of Florida released a web ad it parroted Scott’s talking points on the economy

Until voters start paying attention, all bets are off. “The summer will be an important time,” says Weissert.

And that promises to make the summer hot in more ways than one.

For the second day more than it 200 miles of interstate 10 have been closed because of winter weather. As Matt Horn reports the closure re-routed trips and delayed drivers.

Milt Gernhart has been a trucker since the 1980s. He’s seen plenty of winter weather in other parts of the country but never in Florida.

“You wouldn’t think its going be an issue. But, as it turns out, its an issue and you can’t move,” said Gernhart.

From the Alabama-Florida state line to mile marker 233 east of Tallahassee, Interstate ten has been closed for more than 24 hours; forcing drivers to look for alternative routes.

“What we’re trying to do is protect all of our residents and visitors who come to our state. It’s an inconvenience, we understand that, but it’s a necessary one,” said Major Mark Welch.

Across the Panhandle inexperienced drivers were unable to drive on icy roads. Roads, bridges and schools across the Panhandle were closed for the second day to this unusual winter storm.

“I lost control last night coming across and thank God I made it safe,” said Gernhart. “But, in the meantime I saw a bunch of cars off the shoulder.”

Jasper Simmons is from Pensacola. He and his family have been stuck in Tallahassee since Wednesday afternoon.

“It’s been like 20 some hours, it’s been a minute. We didn’t expect to have to get a hotel, but we had to,” said Simmons.

The last winter storm to cripple Florida was the Christmas storm of 1989.

Governor Rick Scott unveiled a 74 point two billion dollar budget for the 2014-2015 fiscal year. As Matt Horn reports – the Governor says he wants more money in Floridians wallets.

Governor Rick Scott unveiled his election year budget in front of newspaper editors meeting at the capitol. He has been dribbling out details for the last several weeks.

“My message for the people of Florida is this: it’s your money we want you to keep it in your pockets, invest in your hopes, and invest in your dreams. Our state is heading in the right direction,” said Gov. Scott.

His proposals include a 542 million dollar increase for K through 12 education; and plans to cut 500 million dollars in tax and fees.

“We want to create an opportunity economy in Florida,” said Gov. Scott.

David Hart with the Florida Chamber of Commerce says an early look at the budget suggests a big win for Floridians.

“I’m very encouraged by the additional funding; the historic high levels for education, for K through 12, our state colleges and universities, said Hart. “That’s pretty exciting.”

Former Florida Governor and Gubernatorial Candidate Charlie Crist is concerned with Governor Scott’s budget announcement.

“I’m disappointed from what I heard about how it relates to education funding, requiring about 300 million dollars more in property taxes on the backs of our fellow Floridians with the required local effort that doesn’t sound like the right thing to me,” said Crist.

Legislative leaders responded with mostly favorable comments on the Governor’s tax cutting plans. Lawmakers will have the final say on how much is spend and where.