The Top 10 Big Issues Of The 2017 Florida Legislative Session
May 7, 2017
Florida lawmakers will gather Monday at the Capitol to pass a new state budget. But for the most part, the annual legislative session ended Friday night when the House and Senate adjourned after a final round of negotiating and maneuvering.
As always, the Legislature considered hundreds of bills during the session, with many passing, many dying quietly and others flaming out because of disagreements between the House and Senate.
Here is a quick look at 10 big issues:
BUDGET: House and Senate leaders struggled to reach agreement on a spending plan for the fiscal year starting July 1, with the sometimes-contentious process forcing them to extend the session through Monday. Lawmakers will vote on an $82.4 billion budget, though that figure does not include some costs tucked away in other bills. The budget will provide a modest increase for the main formula for school funding, give state employees their first raise since 2013 and take into account a package of tax cuts.
DEATH PENALTY: Florida’s death penalty has been on hold since January 2016 because of rulings by the U.S. Supreme Court and the Florida Supreme Court. But lawmakers moved quickly during the session to address one key legal issue. They passed a measure that requires unanimous jury recommendations before defendants can be sentenced to death. The Florida Supreme Court last year struck down a law that required only 10 of 12 jurors to agree on recommending death sentences.
ECONOMIC DEVELOPMENT: Gov. Rick Scott spent the final days of the legislative session traveling the state in a last-ditch effort to pressure lawmakers on the issues of funding economic-development agency Enterprise Florida and tourism-marketer Visit Florida. But Scott, who battled throughout the session with House Speaker Richard Corcoran, R-Land O’ Lakes, about the programs, got little of what he wanted. That has led to widespread speculation that Scott could go so far as to veto the budget.
EDUCATION: Corcoran and Senate President Joe Negron, R-Stuart, had two different sets of education priorities — but both largely got what they wanted. Lawmakers will vote Monday on what is known as a budget conforming bill that includes Corcoran priorities such as the “schools of hope” program, which will encourage charter schools to open near academically struggling traditional public schools. Negron, meanwhile, focused on bolstering the university system and got agreement on issues such as expanding the Bright Futures scholarships program and requiring universities to offer block tuition, which involves students paying a flat fee per semester rather than a credit-hour charge.
GAMBLING: With the incentive of trying to reach a new gambling deal with the Seminole Tribe of Florida, the House and Senate worked on plans that could have revamped the state’s gambling industry. But the efforts collapsed early in the final week of the session, with House and Senate negotiators unable to reach a compromise. Among the key differences was the Senate’s support for allowing slot machines at pari-mutuel facilities in eight counties where voters have approved the machines in referendums — an issue opposed by the House, which wanted to take a more status-quo approach to gambling.
GUNS: Second Amendment supporters got a win late Friday when lawmakers approved a plan to shift a key burden of proof in “stand your ground” self-defense cases, an issue backed by groups including the National Rifle Association. But other high-profile gun issues got bottled up in the Senate early in the session and did not pass. Those issues included a proposal to allow people with concealed-weapons license to carry firearms on college and university campuses and a proposal to allow license holders to openly carry firearms in public.
HEALTH CARE: Corcoran and other House Republican leaders pushed for easing health-industry regulations, arguing a more free-market approach would help improve access to care. But the Senate scuttled high-profile House proposals such as eliminating what is known as the “certificate of need” approval process for building hospitals. Similarly, the Senate never took up a House proposal that would have changed criteria for the addition of hospital trauma centers, long a contentious issue in the hospital industry.
INSURANCE: After regulators last year approved a 14.5 percent increase in workers’ compensation insurance rates, lawmakers faced pressure from business groups to make changes that would hold down rates. But the House and Senate could not agree on a plan, with the differences largely focused on proposals to limit fees for injured workers’ attorneys. Lawmakers also did not move forward with a proposal to repeal the state’s no-fault auto insurance system and could not reach agreement on an issue known as “assignment of benefits,” which property insurers blame for increased homeowners’ rates.
MEDICAL MARIJUANA: The House and Senate adjourned Friday night without approving a plan to carry out a November constitutional amendment that broadly legalized medical marijuana in the state. Negotiations about the issue continued through the final days of the session, but the failure to agree on a bill will leave implementation of the voter-approved amendment to state health officials. A key difference between the House and Senate centered on how many marijuana dispensaries the state should have.
WATER: Along with pushing for changes in the university system, Negron made a top priority of building a reservoir south of Lake Okeechobee. The issue hit home for Negron: Polluted discharges from the lake have fouled waterways in Stuart’s Treasure Coast district, and the reservoir could help alleviate the problem. Negron’s proposal initially drew heavy opposition from farmers, including the sugar industry, and some community leaders south of the lake, but the Senate and House ultimately agreed on reservoir plan after Negron made changes.
Photos: Branden Penegar Memorial Car Show
May 7, 2017
The annual Branden Penegar Memorial Car Show was held Saturday at the Gonzalez United Methodist Church on Pauline Street in Cantonment. Penegar, the “Gentle Giant” was a 2011 graduate of Tate High School, an assistant coach for the freshman Aggies’ football program and varsity tennis team, and a member of the Tate High School Student Hall of Fame. He passed away in March 2013 at the age of 20.
Penegar was a active member of the Gonzalez United Methodist Church and youth program.
Photos for NorthEscambia.com, click to enlarge.
Wahoos Lose To The Lookouts
May 7, 2017
The Pensacola Blue Wahoos dropped Saturday’s game, 5-1, to the Chattanooga Lookouts and now have lost 10 of their last 12 games.
The team’s slump includes three straight losses to Chattanooga at AT&T Field. Pensacola’s losses come after winning a franchise record eight in a row.
Pensacola is now 15-13 and just one game ahead of the Mississippi Braves, who are 14-14, in the Southern League South Division.
Part of the reason for the losses are a lack of hitting. Pensacola’s one run Saturday came on just three hits.
Blue Wahoos second baseman Josh VanMeter was 1-4, DH Angelo Gumbs was 1-4, and first baseman Brian O’Grady was 1-3. Pensacola’s only run came when third baseman Alex Blandino, who was 0-2, smacked a fly ball to left field that scored Gabriel Guerrero, who reached first on an error by Chattanooga second baseman Nick Gordon. Gumbs singled Guerrero to third.
Chattanooga went up 5-0 in the first four innings. They scored twice in the second inning when Gordon singled to right field and drove in both DH LaMonte Wade and left fielder Travis Harrison.
In the fourth inning, Chattanooga’s right fielder Edgar Corcino doubled to centerfield scoring center fielder Tanner English and shortstop Engelb Vielma. The Lookouts tagged on another run when first baseman Jonathan Rodriguez singled to left field to score Corcino to go ahead 5-0.
Chattanooga starter Matt Tracy allowed all three Blue Wahoos’ hits in his six innings of work. He allowed one unearned run, didn’t allow a walk and struck out four. He improved to 2-2 with 2.60 ERA.
Meanwhile, Keury Mella allowed all five Chattanooga runs in 3.2 innings. He allowed six hits, walked five and struck out two. He fell to 0-3 on the season with a 4.76 ERA.
Pensacola’s bullpen – Ismael Guillon, Ariel Hernandez and Jimmy Herget – shutout Chattanooga the final 4.1 innings on two hits, four walks and nine strikeouts.
Century Receives $700K Housing Grant
May 6, 2017
The Town of Century has received a $700,000 housing grant, bringing the total housing grants received this year to $1.3 million.
The $700,000 Community Development Block Grant is for housing rehabilitation and replacement. Funds can be used to repair or replace housing damaged in the February 2016 EF-3 tornado, but the funds are not limited to storm recovery.
The Department of Economic Opportunity administers the State Program in Florida through the Small Cities Community Development Block Grant Program. This is a competitive grant program that awards funds to units of local government in small urban and rural areas. The program provides an opportunity for communities to obtain funds for projects that they cannot otherwise afford, including rehabilitation of substandard housing.
The application process for $700,000 in housing rehab and replacement funding has not yet been announced.
Recently the town also received $600,483 in emergency funding from the Florida Department of Economic Opportunity for tornado recovery. The application period for residents closed on May 3; recipients have not yet been announced.
NorthEscambia.com file photo, click to enlarge.
Aggie Nation on Top: Playoff Wins In Softball, Baseball
May 6, 2017
It was just good to be a Tate Aggie on Friday with the softball team winning a walk-off thriller in the regional quarterfinal and the baseball team winning two to claim the district championship.
SOFTBALL REGIONAL QUARTERFINAL
Tate 6, Milton 5
Tate Softball won the regional quarterfinal 6-5 on a walk-of homer over right center by Shelby Ullrich. Tate was down 5-3 in the bottom of the seventh inning when Ullrick drove in three runs.
For Tate – Hannah Brown 1-4, R; Hayden Lindsay 3-4, 3R; Belle Wolfenden 1-4; Shelby Ullrich 2-4, R, 4 RBI; Madison Nelson 1-3, 2 RBI; Sydni Solliday 1-3.
Hannah Brown earned the win for Tate. She pitched seven innings, giving up five runs, five hits, and striking out three.
Tate will take on Niceville at 7 p.m. Tuesday in Niceville in the Region 1-7A Semifinal game.
BASEBALL DISTRICTS
Tate 11, Escambia 1
In the 1-7A district semifinals, Tate easily beat Escambia 11-1 Friday.
Tate secured a strong 6-0 lead in the bottom of the first.
The fourth inning was a regular home run derby for the Aggies with homers from Hunter NeSmith, Logan Blackmon and Logal McGuffey.
Gabe Castro earned the win for Tate Aggies Varsity. He pitched five innings, surrendering one run, three hits, and striking out three.
Tate 4, Pine Forest 3
In the 1-7A championship game, Tate won their second straight district title 4-3 over Pine Forest.
Logan McGuffey tossed a complete game for Tate allowing three runs, six hits, striking out six, and walking zero.
For Tate – Mason Land 1-3, R, RBI; Mason Land 1-2, R, RBI; Logan McGuffey 1-3, RBI; Hunter NeSmith 2-3, R; Corben Young 1-2, R.
The Tate Aggies will host Niceville Tuesday at 7:00 in the Region 1-7A Quarterfinal.
Two Men Get Life In Prison For 2015 Murder
May 6, 2017
Two Escambia County men have been convicted of a 2015 murder.
Gerial Martell DeLoach, and Charles Demetries Boutwell were both found guilty of the charge of first degree premeditated murder. The jury deliberated one and a half hours before returning a guilty verdict as charged.
Judge Scott Duncan sentenced both to life in state prison without the possibility of parole.
On the morning of August 11, 2015, the victim Dewayne Silas, met the two defendants by a white Chrysler Sebring inside the Oakstead Mobile Home Park. The defendants dropped Silas off at the back gate of the trailer park, then drove around to the outside of that back gate. Boutwell beckoned the victim to come back outside the gate through a hole in the fence. Silas exited the trailer park, DeLoach and Boutwell shot him a total of nine times with a pistol and a rifle.
DeLoach and Boutwell then fled the scene in the white Sebring and ditched the vehicle off of Mobile Highway. The vehicle was later recovered with Silas’ blood on the passenger door in addition to DeLoach’s palm print.
Barrineau Park Historical Society Awards Scholarships
May 6, 2017
The Barrineau Park Historical Society announced four scholarship winners Friday night.
- Savannah Calhoun, West Florida High School, was presented the $1,000 Stephen S. Jogan Memorial Scholarship. She plans to attend the University of West Florida in the fall majoring in social work.
- Mitchell Singleton, Northview High School, was presented the $500 Lynda Minchew Memorial Scholarship. He plans to attend Pensacola State college after he serves one year as vice present of the Florida FFA.
- Jared Aliff, homeschooled, received the Louis Crabtree Senior Scholarship. He plans to attend Asbury College or Faulkner State.
- Deborah Rogers, homeschooled, received a $1,000 Barrineau Park Histoical Society Scholarship. When she graduates from high school later this month, she will also receive an associates degree from Pensacola State College.
Pictured top: Scholarship winners Mitchell Singleton and Savannah Calhoun Friday night in Barrineau Park. Not pictured are Jared Aliff and Deborah Rogers were unable to attend the presentation. Photo for NorthEscambia.com, click to enlarge
Stand Your Ground Law Change Headed To Scott
May 6, 2017
A change to the state’s “stand your ground” self-defense law is heading to Gov. Rick Scott after the Senate agreed late Friday to go along with a House proposal.
The House and Senate both wanted to change the law but had clashed on a legal issue in the bill (SB 128).
But with time running out in the legislative session Friday, the Senate voted 22-14 — with Tallahassee Democrat Bill Montford joining Republicans in support — to accept the House proposal.
The move came in exchange for getting the House to accept the Senate’s more far-reaching language on a separate measure (SB 436) dealing with religious expression in public schools.
“I thought that it was a reasonable resolution to both matters, and they’re both constitutional issues,” said Sen. Rob Bradley, a Fleming Island Republican who sponsored the “stand your ground” bill. “And we wrapped it all up in a bow, and we resolved them both in a satisfactory manner.”
The overall issue stems from a Florida Supreme Court ruling in 2015 that said defendants have the burden of proof to show they should be shielded from prosecution under the “stand your ground” law.
In “stand your ground” cases, pre-trial evidentiary hearings are held to determine whether defendants should be immune from prosecution.
While the House and Senate broadly supported the idea of shifting the burden of proof from defendants to prosecutors in the pre-trial hearings, they differed on a legal standard.
The House proposal said prosecutors in pre-trial “stand your ground” hearings would have to overcome the asserted immunity sought by defendants through “clear and convincing evidence.” The Senate fought for a higher standard of proof, known as “beyond a reasonable doubt.
The two chambers needed to reach agreement by Friday, the final scheduled day of the annual legislative session. Lawmakers will meet again Monday to vote on budget-related issues but will not take up other matters.
In the end, , the Senate agreed to go along with the “clear and convincing evidence” standard.
Proponents of the bill, which had support from groups such as the National Rifle Association, said shifting the burden of proof would better protect the rights of defendants. But critics argued, in part, that the change would lead to cases ending before all the facts are revealed.
Sen. Jose Javier Rodriguez, D-Miami, said Friday the House version didn’t alleviate his concerns about the bill.
“If you talk to prosecutors, they’re already gearing up just in case we pass this bill to expend significant amount of resources, in literally every single case where there is violent activity, where they (defendants) can raise this at the pre-trial stage and force the prosecutors to basically put on a trial at the pre-trial stage,” Rodriguez said.
by Jim Turner, The News Service of Florida
Tate Aggies Football Team Volunteers In Area Car Rider Lines
May 6, 2017
Several members of the Tate High School football team were up early Friday morning to volunteer in the car rider lines at several elementary schools. The players welcomed the students to school. Photos for NorthEscambia.com, click to enlarge.
Florida Medical Marijuana Deal Goes Up In Smoke
May 6, 2017
Unable to bridge a gap over how many marijuana dispensaries the state should have, Florida lawmakers Friday failed to pass legislation that would have created a framework to carry out a constitutional amendment legalizing medical marijuana for wide variety of patients.
Implementation of the voter-approved amendment now rests in the hands of state health officials, who have been harshly criticized by legislators, patients, vendors — and judges — for their handling of the state’s current medical marijuana regulations.
“The Florida Legislature chose political gamesmanship over the will of 71 percent of voters,” said Ben Pollara, executive director of the group Florida for Care, who also served as campaign manager for the political committee that backed the amendment. “The will of the people was thwarted again today by Tallahassee politicians, but they can’t deny us forever. Florida for Care will continue fighting to implement the Constitution and bring a compassionate medical marijuana law to this state’s patients.”
A potential deal collapsed Friday evening after the House amended its proposal (HB 1397) to impose a cap of 100 retail outlets for each of the state’s medical marijuana operators, over the objections of some Democrats. The Senate had proposed a cap of 10, at least for now.
“I’m nervous that bouncing this back … will kill this bill and we will be stuck with a situation where the Department of Health has to implement Amendment 2, which can be disastrous for patients,” objected Rep. Carlos Guillermo Smith, D-Orlando.
House Majority Leader Ray Rodrigues, the bill’s sponsor, pointed out that lawmakers had hours to go before the session was scheduled to end at midnight.
“If the Senate can’t get this bill heard and decided in the next 3.5 hours, that problem’s with them, not with us,” Rodrigues, R-Estero, said.
The Senate ultimately did not take up the final House proposal.
The Senate bill sponsor, Rob Bradley, called the Legislature’s failure to act disappointing, saying he would rather lawmakers had control over the amendment’s rollout instead of the Department of Health.
“That’s a real concern. The Legislature at some point in time needs to have a bill that implements Amendment 2. It’s disappointing that we didn’t get it done this session,” Bradley, a Fleming Island Republican said. “We just couldn’t bridge the gap, and that just happens sometimes.”
Bradley started floating a plan to implement the amendment during committee hearings in January.
Republican leaders in the two chambers set out contrasting approaches, with the House favoring a more-restrictive proposal and the Senate approving a plan that had a more-aggressive schedule for increasing the number of operators responsible for growing, processing and distributing marijuana and derivative products.
In the days leading up to Friday’s end of the legislative session — for issues other than the budget — the two chambers ironed out most of their differences on that issue.
But a critical sticking point that emerged late in the session — caps on the number of dispensaries each medical marijuana operator would be allowed to have — ultimately proved too big a divide to resolve.
The Senate on Thursday modified its proposal (SB 406) to limit each marijuana operator a maximum of 10 retail locations. The number would have increased as the number of eligible patients registered in a statewide database grew.
But, while the House originally wanted fewer licensed marijuana operators in the state, the House’s bill would have allowed the purveyors to have an unlimited number of storefronts.
Critics maintained that an unlimited number of dispensaries would give an unfair advantage to the seven operators currently licensed by the state.
The caps were aimed not at limiting patient access but to ensure that “the golden ticket holders in the state will not be able to continue a monopoly moving forward,” Smith said during floor debate on the House’s proposal late Friday evening.
But Rodrigues maintained that a proliferation of dispensaries would ultimately benefit patients.
“Just because you’re first to the market, doesn’t mean you own the market,” Rodrigues said. “I believe the free market will work, and quality will rise to the top, and the public will respond to that.”
More than 71 percent of voters signed off on the constitutional amendment, largely bankrolled by Orlando trial lawyer John Morgan, in November.
The constitutional amendment allows doctors to order marijuana as a treatment for patients with cancer, epilepsy, glaucoma, HIV, AIDS, post-traumatic stress disorder, amyotrophic lateral sclerosis (ALS), Crohn’s disease, Parkinson’s disease or multiple sclerosis. Doctors also have the power to order marijuana for “other debilitating medical conditions of the same kind or class as or comparable to those enumerated, and for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient.”
A ban on smoking pot products was one of the most fiercely debated issues for patients and advocates, but House and Senate leaders refused to back down from the prohibition. The House did agree, however, to allow marijuana operators to sell pot in vaporizable or edible forms.
Morgan has threatened to sue the state over the issue. The amendment allows any Florida citizen to sue state officials if they fail to implement the amendment properly.
Lawmakers first created a framework for the state’s marijuana industry more than two years ago, when they legalized non-euphoric, or low-THC, cannabis for patients with epilepsy, severe muscle spasms or cancer.
Under the 2014 law, nurseries that had been in business for at least 30 years and grew at least 400,000 plants were eligible to apply for one of five licenses to grow, process and distribute marijuana and derivative products in different areas of the state.
The operators were supposed to start dispensing the low-THC products by Jan. 1, 2015, but a series of legal and administrative challenges delayed the rollout. As a result of the challenges, health officials were forced to issue two additional licenses.
Anticipating that the amendment would pass in November, lawmakers last year expanded the law to allow full-strength marijuana for terminally ill patients.
“We’re disappointed that we weren’t able to change a lot of the policy to allow access to patients across the state,” said Igniting Florida President Nikki Fried, the lead lobbyist for San Felasco Nurseries, one of state’s seven current medical marijuana vendors. “We’re hoping the Department of Health will faithfully implement the constitutional amendment and the will of the people.”
Early this year, the Florida Department of Health began the rulemaking process to implement the amendment and held five workshops throughout the state to take testimony from the public.
“The department is committed to quickly moving through the rulemaking process to create a regulatory structure for Amendment 2,” Department of Health spokeswoman Mara Gambineri said in a statement.
by Dara Kam, The News Service of Florida