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Florida Legislature

Supreme Court Reverses Unanimous-Jury Requirement in Death Penalty, Raising Questions About a Flagler Case

January 24, 2020 | FlaglerLive | 2 Comments

Death Row Cell #5 at Florida's state prison in Starke. (DOC)

The Florida Supreme Court said unanimous jury recommendations are not necessary before death sentences can be imposed, backing away from a 2016 decision. The ruling puts in question the case of Bunnell’s Cornelius Baker, scheduled for a re-sentencing in February.

Wrongfully Convicted, He Was on Florida’s Death Row for 42 Years. He’s Seeking $2.5 Million the State Owes Him.

January 23, 2020 | FlaglerLive | 4 Comments

Clifford Williams spent 43 years on Death Row for a murder he did not commit. He is owed $50,000 for every year he was wrongly imprisoned. (NSF)

Clifford Williams, now 77, gives God the credit for his release from prison, after state prosecutors found he and his nephew, Hubert Nathan Myers, were wrongly convicted in the 1976 Jacksonville murder of a woman and the attempted murder of her girlfriend.

Florida Senate Panel Backs Reparations for Descendants of Ocoee Massacre Victims at White Mob’s Hands

January 22, 2020 | FlaglerLive | 17 Comments

An abandoned shed in Ocoee. (Dan Tantrum)

Some 60 to 70 black residents of Ocoee were murdered during the massacre in the Central Florida town. The reparation funding levels were modeled, in part, on a 1994 decision by the Legislature to compensate African-American families up to $150,000 for damages in the Rosewood Massacre of 1923.

Florida Senate on Brink of New Rules for Drug Offenses, Lowering Sentences and Restoring Judges’ Discretion

January 17, 2020 | FlaglerLive | 5 Comments

Circuit Judge Terence Perkins presides over felony court in Flagler County. Judges would have more discretion in certain drug-trafficking cases when imposing sentence, if a bill set to pass the Senate is also approved in the Florida House and becomes law. (© FlaglerLive)

Under the new guidelines, judges would be allowed to consider shorter sentences and lower fines for drug-trafficking defendants who meet certain criteria. But the bill’s fate in the House is uncertain.

DeSantis Opposed to Measure Closing Gun-Show Loophole to Require Background Checks

January 16, 2020 | FlaglerLive | 8 Comments

Loophole. (Mo Barger)

The proposal (SB 7028) would close the gun-show “loophole,” create a record-keeping system for private gun sales and set aside $5 million to establish a “statewide strategy for violence prevention,” among other things.

Gov. Ron DeSantis’s State of the State Address

January 14, 2020 | FlaglerLive | Leave a Comment

Gov. Ron DeSantis delivers the State of the State address today. (Ron DeSantis/Flickr)

Gov. Ron DeSantis on Tuesday gave his State of the State address to formally start the 2020 legislative session. Here’s the full text as prepared for delivery.

Florida Lawmakers Pressured to Increase Penalties Over School Safety as Grand Jury Finds Flaws

January 9, 2020 | FlaglerLive | Leave a Comment

parkland massacre anniversary. (NSF)

The grand jury wants the Legislature to give the Florida Department of Education more power to investigate non-compliant districts and to allow the state agency to sanction local school officials, reprimands that could include fines or removal from office.

Favoring Student Profits, House Speaker Says College Athletics Have ‘Basically Become Pro Sports’

January 7, 2020 | FlaglerLive | 1 Comment

pro sports

House Speaker Jose Oliva offered support Tuesday to lawmakers who want Florida’s college athletes to be able to cash in on their names and images, as three influential House committees prepare to jointly discuss the issue next week.

Nikki Fried Backs Cities and Counties on Immunity for More Restrictive Local Gun Laws

December 27, 2019 | FlaglerLive | 17 Comments

restrictive gun laws

The law, passed by the Republican-controlled Legislature in 2011, threatens tough penalties — including fines and potential removal from office — if local elected officials approve gun regulations.

Supreme Court Defines When Stand Your Ground Law Shifting Burden to Prosecution Applies

December 19, 2019 | FlaglerLive | 1 Comment

Chief Justice Charles Canady wrote the opinion for a unanimous court. (Wikimedia Commons)

With backing from groups such as the National Rifle Association, the 2017 law shifted the burden from defendants to prosecutors to prove whether a self-defense claim is justified.

GOP Legislators Claim Restrictions on Medical Pot Keeps It From Ending Up In Recreational Hands

December 17, 2019 | FlaglerLive | Leave a Comment

medical pot

In a Florida Supreme Court case with major ramifications for the medical-marijuana industry, the Florida House contends a disputed 2017 law helps prevent “diversion” of pot to the illegal recreational market, minors and other states.

$600,000 Sought to Help Pulse Massacre Survivors

December 12, 2019 | FlaglerLive | Leave a Comment

Two House Democrats want the Legislature to set aside nearly $600,000 to keep open the doors of a center that helps survivors of the mass shooting at Pulse nightclub in Orlando.

Florida House Revives Controversial College Survey That Would Undermine Intellectual Freedom

December 12, 2019 | FlaglerLive | 3 Comments

Viewpoint politics. (Brennan)

During the final hours of the 2019 legislative session, Senate Appropriations Chairman Rob Bradley, R-Fleming Island, warned senators the so-called intellectual freedom survey would “keep coming up again” and urged the Senate to block it from passing every time.

Physician Assistants and Certain Nurses Could Practice Independent of Doctors Under Proposed Law

December 11, 2019 | FlaglerLive | Leave a Comment

It could be a different world for many Florida nurses if a bill in the state legislature becomes law. (Wikimedia Commons)

Bill sponsor Cary Pigman, R-Avon Park, said the proposal (HB 607) would go a long way toward improving patients’ access to primary-care providers, especially in medically underserved areas of the state.

God, Homosexuality and Government Intrusion Frame Senate Panel’s Push For Abortion Restrictions

December 10, 2019 | FlaglerLive | 3 Comments

Gayle Harrell, the Stuart Republican, attempted to balance debate between two contentious sides over abortion. (NSF)

The 6-3 vote by the Senate Health Policy Committee followed a hearing that lasted more than 90 minutes as Chairwoman Gayle Harrell, R-Stuart, tried to balance testimony between people on both sides.

Nikki Fried Backs Proposed Requirement to Keep Fingerprints of Concealed-Weapons Applicants

December 1, 2019 | FlaglerLive | 5 Comments

Agriculture Commissioner Nikki Fried. (Facebook)

Florida Agriculture Commissioner Nikki Fried is backing a measure that would require her agency to retain fingerprints of applicants seeking concealed-weapon licenses.

State Seeks to Strictly Deny Home Rule to Florida Cities and Counties on Gun Regulations

November 25, 2019 | FlaglerLive | 4 Comments

pre-emption gun laws florida

Pointing to a “hierarchical relationship” with local governments, the state late Friday asked an appeals court to uphold a 2011 law that has threatened tough penalties if city and county officials approve gun regulations.

DeSantis Proposes $91.4 Billion Budget, With Focus on Teachers and Environment

November 18, 2019 | FlaglerLive | Leave a Comment

Lawmakers will decide whether to move forward with DeSantis’ priorities, such as his plan to set minimum teacher salaries at $47,500 --- an idea that would cost $603 million next year.

Lawmakers will decide whether to move forward with DeSantis’ priorities, such as his plan to set minimum teacher salaries at $47,500 — an idea that would cost $603 million next year.

DeSantis Pitches Bonuses for Teachers and Principals Based on School Grades

November 16, 2019 | FlaglerLive | 6 Comments

Gov. Ron DeSantis. (© FlaglerLive)

Bonuses would be up to $7,500 for teachers and up to $10,000 for principals, drawing immediate criticism from the teachers union, which has long pushed for salary increases rather than bonuses.

Now Calling It ‘Dangerous,’ Florida House Moves Toward Abolishing Constitution Revision Commission

November 14, 2019 | FlaglerLive | 1 Comment

Different days at the Florida Constitution Revision Commission, circa 1978: From left, Lois Harrison, Dexter Douglass and Freddie Groomes. (Florida Memory)

The Constitution Revision Commission drew across-the-aisle scorn for the manner in which it successfully put seven amendments on the November 2018 ballot. Voters may get to vote on abolishing it–through a constitutional amendment in 2020.

Measure Would Loosen Minimum Mandatory Drug Sentences, But Police Chiefs Object

November 12, 2019 | FlaglerLive | 3 Comments

Defense attorneys speaking with their clients during recent pre-trials at the Flagler County courthouse. (© FlaglerLive)

A bill would loosen mandatory minimum sentencing laws for some drug-trafficking offenses. The proposed change that ran into opposition from law enforcement officials.

With Recreational Pot on Florida’s Horizon, a House Panel Looks to Oregon for Insights

November 5, 2019 | FlaglerLive | 7 Comments

Mary Jane's pot shop in Eugene, Ore. (Rick Obst)

Facing the possibility that Floridians could be asked next year to legalize recreational marijuana, a House panel on Tuesday turned to Oregon to learn more about the economic, environmental and health impacts the state has faced since authorizing adult pot use four years ago.

School Safety Commission Calls for More Mental Health Funding in Second Major Report

October 31, 2019 | FlaglerLive | Leave a Comment

A scene from Parkland. (NSF)

A state commission tasked with making school-safety policy recommendations to the Florida Legislature approved a draft report on Thursday that will highlight a need for more mental health funding.

Florida’s Parental Consent Abortion Bill Is Intended to Shame and Scare Pregnant Girls

October 27, 2019 | FlaglerLive | 22 Comments

parental consent rights

“We’re stridently noisily pro-choice creatures,” conservative writer Nancy Smith says. “You know why? Because we remember what it was like to grow up in towns and cities without Roe V. Wade. We were there, eyes wide open.”

Florida Senate Removes Broward Sheriff Scott Israel from Office

October 23, 2019 | FlaglerLive | 5 Comments

Appointed Broward County Sheriff Gregory Tony doesn't have to worry about the reinstatement of Scott Israel. (Facebook)

Special Master Dudley Goodlette, a former Republican state representative from Naples, recommended last month that Israel be reinstated, finding that DeSantis’ lawyers failed to present evidence to support the suspension.

Senate Panel’s Republican Majority Backs Ouster of Democratic Sheriff Scott Israel

October 22, 2019 | FlaglerLive | 3 Comments

Broward County Sheriff Scott Israel. (NSF)

Ignoring the conclusions of a Senate special master, a key committee voted along party lines Monday night to uphold Gov. Ron DeSantis’ ouster of Broward County Sheriff Scott Israel.

New Building Improvement Regulations Eyed to Withstand Hurricanes

October 14, 2019 | FlaglerLive | 2 Comments

hurricane building regulations

The Florida Building Commission gave tentative approval to more-stringent wind resistance requirements for vinyl siding and additional mitigation requirements for rooftop decks, among other recommendations to lawmakers.

Palm Coast Sewer Line Through Hammock Would Reduce Reliance on Septic, But Raises Development Fears

October 1, 2019 | FlaglerLive | 4 Comments

The Hammock owes much of its character to limited development, and lack of a sewer main has helped limit that development: it was instrumental in the county's decision to ultimately reject a plan by Captain's Barbecue at Bing's Landing to build a larger restaurant. (© FlaglerLive)

A Palm Coast sewer line up the spine of the barrier island would help stop a reliance on septic tanks and has been a priority for local governments, but Hammock residents are concerned that it would also spur more intensive development.

New Laws Take Effect Tuesday Targeting Texting While Driving, Hazing, Sex Dolls and Vet Courts

September 29, 2019 | FlaglerLive | 13 Comments

As long as you're not driving. (Vaughan Nelson)

The state’s ban on texting while driving will expand to prohibit motorists from using handheld wireless devices while driving in designated school crossings, school zones and work zones.

Appeals Court Upholds Florida’s ‘Red Flag’ Law Allowing Gun Seizure From Mentally Ill

September 25, 2019 | FlaglerLive | Leave a Comment

A Florida law allows the seizure of firearms from individuals who pose a threat to themselves or others. (Office of Public Affairs)

Florida’s red flag law passed after the 2018 mass shooting at Parkland’s Marjory Stoneman Douglas High School and allows guns to be removed from people found to pose a threat to themselves or others.

In Defeat for Conservationists, Court Rules Florida May Spend Trust Fund Money Liberally

September 9, 2019 | FlaglerLive | 2 Comments

Ginnie Springs northwest of Gainesville. (Julia Putnam)

An appeals court Monday overturned a circuit judge’s ruling that said Florida lawmakers improperly diverted money that flowed from a 2014 constitutional amendment designed to boost land and water conservation.

Appeals Judges Punt on State Medical Pot Controls and Ask Florida Supreme Court to Decide

August 27, 2019 | FlaglerLive | 3 Comments

Florida legislators are all for deregulating business, but not pot businesses. (NSF)

The 1st District Court of Appeal asked the Florida Supreme Court to decide whether the state’s “vertical integration” system of requiring licensed operators to grow, process and distribute cannabis and derivative products runs afoul of a constitutional amendment that broadly legalized medical marijuana in Florida.

House Democrats Seek Special Session On Gun Violence, But GOP Set to Quash It

August 20, 2019 | FlaglerLive | 4 Comments

Around 300 peopled gathered on the steps of the Minnesota capitol to call attention to the impact by gun violence and call for simple, common sense gun control laws from the Legislature. But the Legislature did not act. (Fibonacci Blue).

House Democrats on Tuesday said they’ve submitted letters from 41 representatives, more than the required 20 percent of the chamber’s 120 members, to demand that Secretary of State Laurel Lee poll all 160 legislators on the request for the special session.

In Defeat for Home Rule, Appeals Court Rejects Florida City’s Ban on Styrofoam Containers

August 14, 2019 | FlaglerLive | 3 Comments

Styrofoam may live long and prosper in Florida. (Waferboard)

Siding with the Florida Retail Federation and upholding the constitutionality of state laws, an appeals court Wednesday rejected a 2016 move by the city of Coral Gables to ban the use of Styrofoam food containers.

Florida Senate Will Study White Nationalism and Other Factors in Mass Violence

August 6, 2019 | FlaglerLive | 19 Comments

dayton ohio shooting

In the run-up to the 2020 legislative session, the Florida Senate will review acts of mass violence such as the deadly shootings this weekend in El Paso, Texas, and Dayton, Ohio, along with factors such as white nationalism.

Siding With Local Governments, Judge Strikes Law Penalizing Officials Who Pass Gun Rules Stricter Than State’s

July 28, 2019 | FlaglerLive | 3 Comments

guns restrictions

In 2011, Florida lawmakers approved a series of penalties that local governments and officials could face if they violated the prohibition on gun laws that are stricter than the state’s.

A Clerk of Court Takes a Case to the Supreme Court (It’s Not Tom Bexley)

July 26, 2019 | FlaglerLive | 1 Comment

Broward County Clerk of Court Brenda D. Forman. (Facebook)

The Broward County clerk of court wants Florida Supreme Court justices to take up a dispute about whether the state has unconstitutionally underfunded the clerk’s office.

Both Republicans, One Florida Senator Wants to Protect Undocumented Migrants, Another Wants to Punish Them

July 22, 2019 | FlaglerLive | 4 Comments

immigrants

Senate Judiciary Chairman David Simmons would give undocumented immigrants legal permits to work and drive in Florida while Sen. Joe Gruters would harshen up penalties for the undocumented.

As Crime Victims’ Compensation Fund Struggles, Reimbursements May Be Reduced Significantly

July 16, 2019 | FlaglerLive | 2 Comments

The victim's advocate purple bag, often seen during court proceedings at the Flagler County Courthouse. It contains items of comfort for victims who may be in court, attending proceedings related to their case. They are always accompanied by the advocate. (© FlaglerLive)

Certain crime victims who want financial aid for out-of-pocket expenses like medical bills, lost wages or mental health counseling, will hit a lower cap on reimbursements from the fund if a proposal by the attorney general is approved.

Citing Police Role and Trust, South Miami Will Challenge New Law Banning Sanctuary Cities

July 11, 2019 | FlaglerLive | 9 Comments

They have a hard enough job as it is. (South Miami Police)

“As soon as [police] are seen as somebody who might turn you in if you called for assistance, they’re no longer trusted and they can no longer do their primary job,” the South Miami mayor says.

Appeals Court Rules Florida Marijuana Law’s Restrictions Violate Amendment Legalizing Medical Pot

July 10, 2019 | FlaglerLive | 7 Comments

An appeals court sides with pot. (NSF)

Florida’s law requiring pot operators to grow, process and distribute cannabis and related products created an “oligopoly” and runs afoul of a constitutional amendment that broadly legalized medical marijuana in the Sunshine State, an appellate court ruled Tuesday.

Citing Impact on Education Funding, DeSantis Kills ‘Addiction’ Warning on Lottery Tickets

June 30, 2019 | FlaglerLive | 5 Comments

For what it's worth. (Rimse Nefert)

Noting potential impacts to money for education, Gov. Ron DeSantis vetoed a controversial bill that sought to require warnings about addiction and caution to play responsibly on the front of all lottery tickets.

Barbara Petersen, Fierce Open Government Advocate for 25 Years, Is Stepping Down From First Amendment Foundation

June 30, 2019 | FlaglerLive | Leave a Comment

Barbara Petersen. (Facebook)

Barbara Petersen’s retirement from the First Amendment Foundation, after 25 years, takes place as legislators have piled up 1,122 exemptions to Florida’s open government laws.

Group Files Federal Suit Challenging Florida Restrictions on Felons’ Voting Rights Moments After DeSantis Signs New Law

June 29, 2019 | FlaglerLive | 13 Comments

Desmond Meade of the Florida Rights Restoration Coalition, one of the groups most instrumental in the passage of Amendment 4 last November. (FRRC)

A partisan firestorm erupted in the waning days of this year’s legislative session after Republicans tacked onto the elections package provisions aimed at implementing the voter-approved constitutional amendment that restores the voting rights of felons who have completed their sentences.

Vaping, School Vouchers, Texting While Driving: New Florida Laws Take Effect Monday

June 28, 2019 | FlaglerLive | 4 Comments

Staring Monday, cops in Florida may pull you over if they see you texting and driving. You will be cited. Previously, texting while driving was a secondary offense, meaning that you could be cited for it only if you were pulled over for a primary offense first, such as speeding. (Joe Strupek)

A new ban on texting while driving and a ban on vaping, adding toll roads and preventing local governments from uprooting vegetable gardens are among the new laws that take effect in Florida Monday.

Calling It ‘Fiscally Responsible,’ Governor Signs $91 Billion Budget, Vetoing Just $131 Million

June 23, 2019 | FlaglerLive | 1 Comment

Gov. Ron DeSantis. (NSF)

Gov. DeSantis praised lawmakers for exceeding his request for spending on environmental projects and for a boost in per-student funding in public schools, though as FlaglerLive previously reported, that funding increase is not necessarily what it seems.

New Legislation Adds to Early-Voting
Fight on Florida’s College Campuses

June 18, 2019 | FlaglerLive | 3 Comments

The University of Central Florida campus. But is it eligible as an early-voting site? (Facebook)

A bill Gov. DeSantis is about to sign deals with a variety of elections issues, but a lawsuit is focused on a provision requiring early-voting sites to provide “nonpermitted parking,” which could exclude college campuses.

Denying Voting Rights to Felons Should Be Beneath Us

June 17, 2019 | FlaglerLive | 19 Comments

Blowhardism in action: House Rep. James Grant, who led the fight for restrictions on Amendment 4. (Florida Channel)

Who gets to vote should be driven by citizenship, the spirit of the United States Constitution and all America stands for, not by blowhardism and dirty tricks, argues Nancy Smith.

Is State Law Restricting Local Governments’ Gun-Safety Ordinances Constitutional? Judge Hears Arguments.

June 6, 2019 | FlaglerLive | Leave a Comment

You may want to check with the Florida legislature first. (c FlaglerLive)

Florida since 1987 has barred cities and counties from passing regulations that are stricter than state firearms laws. But in 2011, lawmakers went further by approving a series of penalties that local governments and officials can face if they violate the prohibition.

Florida TaxWatch Calls For Eliminating $133 million in Budget ‘Turkeys’; Flagler Is Spared

June 6, 2019 | FlaglerLive | Leave a Comment

As of Wednesday afternoon, DeSantis had received 123 of the 174 bills approved by the Legislature during this year’s session. He’d signed 80 and vetoed two.

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