Sen. Jeff Brandes has repeatedly introduced measures that would prohibit driver’s license suspensions for non-driving offenses. But Clerks of court stand to lose $40 million annually if the law is modified.
florida law
In American First, Scott Signs Bill Providing for Birth Certificates In Cases of Miscarriage
The bill, which easily cleared the Senate and House in early May, makes Florida the first state in the nation to issue birth certificates for miscarriages. The implications of the bill are unclear.
Proposal to Shift “Stand Your Ground” Burden of Proof to Prosecutors Advances
The measure would shift the burden of proof from defendants to prosecutors during pre-trial evidentiary hearings in “stand your ground” cases.
Despite Same-Sex Marriage Ruling, Gay Adoption Rights Remain Restricted in Florida
While same-sex couples have long been able to adopt from private, gay-friendly adoption agencies, adopting children from the foster care system has proved more difficult in some states, among them Florida.
Sunburned Child at Flagler Camp Exposes a Florida Paradox: Paddling Is OK. Applying Sunscreen Is Not.
The Palm Coast mother of a 5-year-old child who got sunburned while in care of Flagler camp counselors was surprised to find the strict limitations on school employees touching children.
Some of Your Privacy Rights Are Waived In Medical Malpractice Lawsuits, Court Rules
The Florida court’s decision stemmed from a controversial 2013 law the Republican-controlled Legislature passed after a lobbying battle between groups such as doctors and plaintiffs’ attorneys.
Judge Halts Abortion Waiting Period Set to Start Wednesday, Pending ACLU Challenge
But the appeal by Attorney General Pam Bondi triggered an automatic stay on Francis’ decision, which could allow the law to go into effect. The American Civil Liberties Union, which filed the initial case, immediately responded by asking for Francis to lift that stay.
ACLU and Women’s Health Center Sue Florida Over 24-Hour Abortion Waiting Period
The lawsuit contends that for women — especially low-income women who must arrange for child care, time off work and overnight travel — the law can push them past the time it is legal to have abortions.
The War on Women, Cont’d: Enough with Mandatory Vaginal Exams, Florida
It’s not enough that in 2011 our Legislature passed a draconian law forcing women to schedule, pay for, and look at an ultrasound of their fetus if they choose to exercise their right to an abortion.
Fifteen Years For Sex on the Beach? Seriously?
Federal prisons are full of white collar criminals who won’t serve a day over five years, criminals who destroyed companies and bilked citizens out of their life savings. Yet Elissa Alvarez and Jose Caballero face 15 years for “lewd and lascivious” sex on the beach, a ridiculous excess, argues Nancy Smith.
More Secrecy, Harsher Punishment for Pregnant-Women Beaters, Parasailing Regulations: 32 New Laws Go In Effect
A number of the new Florida laws going in effect Wednesday involve public-records exemptions, including one to allow some university boards to meet in private to discuss donors and research funding.
South Florida Appeals Court Rules Cremation Ashes Are Not “Property,” and May Not Be Divided
In what could be a first-of-its-kind case in Florida, a state appeals court Wednesday weighed into a burial dispute and said the cremated remains of a man are not “property” under law, and may not be split between his divorced father and mother, so each could have some remains to bury.
Despite Parental Notification Law, Court Finds Room for Teens to Protect Privacy When Seeking Abortion
Florida voters in 2004 approved a constitutional amendment that requires parents to be notified before their minor daughters can have abortions. But an appeals court ruling released Friday shows how far teens can go to challenge the law–and preserve their privacy when seeking an abortion.
Stand Your Ground: Florida is Not My Castle. And It’s Not Yours, Either.
The right to stand one’s ground against aggression in one’s home is unquestioned, but, argues Julie Delegal, in public, spaces must be shared, peacefully. The castle doctrine cannot be extended to cover the entire state, as Florida’s Stand Your Ground law does.
NRA-Backed Bill Would End Zero-Tolerance Punishment of Students Play-Acting Guns at School
The NRA-backed measure by Florida House Judiciary Chairman Dennis Baxley, R-Ocala, would prevent children from being disciplined for simulating a gun while playing or wearing clothes that depict firearms.
Florida Lawmakers Would Stiffen Penalties On Insurers Discriminating Against Gun Owners
Insurance companies could face tougher penalties if they impose higher rates, refuse to issue or cancel auto or homeowner policies due to gun ownership, under a measure backed by a House committee Tuesday.
Six Gay Couples and Equality Florida File Lawsuit in State Court Seeking Freedom to Marry
The lawsuit argues that Florida’s laws barring same-sex couples from marriage violate the United States Constitution by denying them the legal protections and equal dignity that having the freedom to marry provides.
Senate Wants to Make Florida “Scorched Earth” For Violent Sexual Offenders
The proposed bills would “widen the net” to apprehend, punish and monitor sexually violent predators anywhere in Florida. The proposals have bipartisan support and the Senate and House are speeding toward a comprehensive effort in both chambers.
Harsh Outlier: Florida’s Sentencing Laws Still Lock Up More Juveniles Than Any Other State
As state legislators have tried and failed to craft a juvenile-sentencing law that conforms to landmark U.S. Supreme Court rulings, a national advocacy group is calling Florida a “clear outlier” among states for its hard-line approach to trying juveniles as adults.
Bill Would Grant Immunity From Harsh Sentences for Firing Warning Shots
A bill filed by a Polk County lawmaker is intended to address what he called “the negative, unintended consequences” of Florida’s 10-20-Life sentencing law by granting immunity to people who fire warning shots to protect themselves and others. The new bill was filed on the same day that the 1st District Court of Appeal ordered a new trial for Marissa Alexander, a Jacksonville woman sentenced to a mandatory 20 years in prison for a shot fired during a domestic dispute in her home.
Appeal Court Orders New Trial for Marissa Alexander, But No Redo on Stand Your Ground
Marissa Alexander, a 32-year-old mother of three, was convicted on improper self-defense instructions to the jury, the court ruled. Alexander was serving a 20-year sentence for shooting a gun during an argument with her abusive husband, against whom she had a restraining order.
Florida Supreme Court’s New Term: Death Penalty, Utility Rates, Red-Light Cameras
The court faces high-profile cases that deal with issues such as medical malpractice, red-light cameras, utility rates and the death penalty. In some of the cases, justices have already heard arguments and could rule any week. In others, the cases still are percolating and have not gone to arguments.
Cabinet Passes, for Now, on Pardoning Marissa Alexander, Pending Stand Your Ground Appeal
Alexander, a 32-year-old mother of three, was sentenced to 20 years in prison last year after firing a shot into a wall during a dispute with her abusive husband, a case that stands in sharp contrast with George Zimmerman’s not-guilty verdict after he shot and killed an unarmed teen.
Middle School Boy Invokes Stand Your Ground in School Bus Fight With Girl, and Court Agrees
Showing the breadth of Florida’s “stand your ground” law, an appeals court Wednesday said the controversial legal defense can be used by a boy involved in a fight with a girl on a school bus. No weapons were involved. The boy making the stand your ground claim was arrested on a battery charge.
Federal Appeals Court Strikes Down Scott’s Drug-Testing of State Workers as Too Broad
The 11th Circuit Court of Appeals declared an executive order by Riock Scott to drug-test 85,000 state employees and all job applicants as mostly unconstitutional, but left room for a lower court decision to be rewritten to allow for certain employees in certain categories to be drug tested–essentially restoring Florida’s drug-testing standard to what it was before the governor’s executive order.
Gov. Scott Vetoes Bill Ending Permanent Alimony After Fierce Backlash
Gov. Rick Scott vetoed a bill that would have ended permanent alimony and limited alimony payments based on income and the length of marriage, a victory for thousands of constituents who’d urged the governor to do just that.
Police Drones Are Banned from Florida Skies Absent a Warrant or Other Exceptions
The bill (SB 92) prevents law enforcement use of drones unless a judge has issued a warrant, or in cases where there is a “high risk of terrorist attack,” or a case of imminent danger, such as in a missing person case where the person is thought to be in immediate danger.
Duping Court Ruling, Florida Replacing Life Juvenile Sentencing With 50-Year Minimum
Legislation aimed at putting Florida in line with a U.S. Supreme Court ban on automatic life sentences for juvenile murderers cleared a House panel Tuesday, but with a 50 year minimum sentence that opponents say may keep the state’s law at odds with the court’s aim.
Revenge Porn: Florida Lawmakers Take National Lead in Battling Bullying’s New Virus
In a more lurid consequence of sexting, Florida women and girls have been targeted by revenge porn–the online posting of nude images without the victim’s consent–in several documented instances, leading the Legislature to seek to criminalize the practice as a second or third-degree felony.
“Mental Retardation” and “Retarded”
Will Be Excised from All Florida Laws
Florida lawmakers are moving toward erasing the terms “mental retardation” and “mentally retarded” from myriad state laws, as the word “retarded” has become widely viewed as offensive to people with disabilities.
In a Decision With Local Sway, Federal Court Upholds Prayers Before Government Meetings
The 11th U.S. Circuit Court of Appeals, which has jurisdiction over all of Florida, ruled that the Lakeland City Commission’s custom of opening meetings with a prayer was constitutional, though the court sidestepped the city’s focus on Christian prayers, and its closed door to atheists, agnostics, humanists or other non-clergy representatives.
In Florida Case, U.S. Supremes Strike Down Drug-Sniffing Cop Dogs Outside of Home
The U.S. Supreme Court’s 5-4 ruling in Florida v. Jardines is the second out of the state dealing with how search and seizure limits under the U.S. Constitution affect the ability of police to use sniffer dogs to find drugs.
Corporal Punishment: When a Religious Exemption Becomes a License to Brutalize
A harrowing recent series in the Tampa Bay Times detailed how for 30 years a handful of homes for troubled youth have used a misguided exemption in Florida law to get away with all manner of abuses by using religion as a shield.
Should Ronald Thompson Be Serving 20 Years for Firing a Gun to Protect an Elderly Neighbor?
Ronald Thompson, a 65-year-old disabled veteran, is serving 20 years for firing two shots in the ground to protect an elderly neighbor from her grandson and three of his friends. The mandatory sentence spotlights a recurring dilemma with Florida’s sentencing laws.
Caylee’s Law Now In Effect, Making Lying About a Missing Child a Felony
Prompted by the death of Orlando two-year-old Caylee Anthony in 2008, Gov. Rick Scott on Friday signed a measure to bolster penalties for lying to police when a child goes missing.
Spank On: Florida Court Says One Smack Isn’t Child Abuse, But No Limit Set
An appeal court ruled that the spanking of a 14-year-old girl by her father did not amount to domestic violence because the disciplining was applied in a “reasonable manner.”
In a Case With Implications for Palm Coast and Bunnell, Polk Sheriff Shuts Down Internet Cafe
The Internet cafe–or gambling parlor–shut down in Davenport Monday is similar to those in Palm Coast and Bunnell, where local officials and residents are debating whether and how to regulate (or ban) the businesses.
Why You Won’t Have to Leave Your Foreclosed House (If You have a Good Lawyer)
Some banks are still insisting that their errors are minor and foreclosures will continue, but what they say publicly and do privately are two different things.
Florida Law on Wrecker-Operators and Penalties for Skirting the System
Florida law prohibits unauthorized wrecker operators from monitoring police communications to scout for potential business.
