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Senate Democratic Leader Oscar Braynon Calls On Governor Scott for Action

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As the Trump administration doubles down on enforcing its executive policy of separating children from parents detained at the border, state Senate Democratic Leader Oscar Braynon (D-Miami Gardens) on Tuesday called on Florida Governor Rick Scott for action.

“As a staunch campaign and financial supporter of Donald Trump who maintains a close bond with the president, Governor Scott maintains a measure of influence he could easily deploy to end this catastrophic and inhumane situation,” said Leader Braynon. “At the same time, Governor Scott holds a great deal of power over the state’s complicity in this tragedy. Unless he agrees with the president, he has a duty to act quickly.”

Leader Braynon said Governor Scott should ask President Trump to reverse his executive order and is strongly urging the governor to:

  • Call on the President to allow elected officials into federal detention facilities where children who were separated from their parents and immigration detainees in general are being housed so they can inspect the conditions under which they are being housed.
  • Join the growing number of Republican and Democratic governors refusing to allow their National Guard units to be used if the federal government calls on them to go the U.S.-Mexican border for further illegal immigration enforcement.
  • Join Colorado in forbidding state agencies from using state resources to separate children from their parents or legal guardians on the sole ground of immigration status.

“There is nothing in federal law compelling the separation of these children and parents,” said Leader Braynon. “It took the stroke of a pen to initiate this atrocity. It takes the stroke of a pen to undo it.”

Rene Garcia Endorses Diaz

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Today, the Manny Diaz Campaign announced the endorsement of Senator Rene Garcia, who currently holds the District 36 seat in the Florida Senate that Diaz is seeking. Diaz has represented District 103 in the Florida House of Representatives since 2012. Garcia joins a number of other key Miami-Dade leaders in backing Diaz’s candidacy. 
[Read more…] about Rene Garcia Endorses Diaz

Citing Longtime Work on Women’s Issues, Bob Doyel Touts Endorsement from the National Organization for Women (NOW)

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Today, Democratic candidate for Florida Senate District 22, Bob Doyel, announced an endorsement from the National Organization for Women (NOW) while citicing his long time work to end violence against women.

Bob Doyel has been a vocal activist for the testing of more than 13,400 untested rape kits in Florida. Today, the democratic challenger took to his campaign’s facebook account to share with supporters that he has received the endorsement from the Florida Chapter of the National Organization for Women.

“I am proud and honored to have the support of the National Organization for Women as I work to make women’s equality a priority in the Florida Senate,” Doyel wrote. “I’ve been fighting to shine a light on the issue of violence against women for many years, and have worked hard to give a voice to women in the judicial process. That work will continue in the Florida Senate.”

Doyel’s work was recently highlighted in his local newspaper, “The Ledger,” after 47 year old Stephen Berouty was convicted earlier this month for a rape that happened back in 2003.

“This is a public safety issue,” Doyel told The Ledger. “Testing these kits could identify a serial rapist that we need to get off the streets.”  

Bob Doyel is a retired circuit court judge, law professor, and vietnam veteran who has lived in Polk county for more than three decades. Doyel is running in one Florida Democrats’ most competitive State Senate Districts and is hoping to unseat incumbent Kelli Stargel of Lakeland.  

Incoming Senate Democratic Leader Audrey Gibson Sets the Record Straight

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In letter to federal government, AHCA’s false claims belie the facts

Incoming Senate Democratic Leader Audrey Gibson (D-Jacksonville) on Friday called on Governor Rick Scott’s Agency for Health Care Administration to immediately retract its misleading claims that no legislative objections or concerns were raised over its plan to gut a critical safeguard protecting Florida’s seniors and families facing catastrophic health care emergencies.

“AHCA omitted key facts in its letter to the federal government seeking to amend its Medicaid waiver, promoting the move as an efficiency tool. In reality, despite both opposition and concern raised by myself and other Democrats, the main intent was to free up $38 million for general revenue, surrendering $60 million in federal matching dollars while saddling seniors, the disabled, and their families with massive medical debt.”

At issue is a waiver to the state’s Medicaid program sought by Scott’s Administration to eliminate “Medicaid retroactive eligibility,” which allows Medicaid to cover unpaid medical bills for up to 90-days from the date of application. Florida Medicaid only covers certain low income individuals: pregnant women, children, a limited number of parents who meet stringent income limits, people with disabilities, and senior citizens. While the waiver now being sought would continue the retroactive coverage of Medicaid-eligible pregnant women and children, seniors and the disabled – including veterans – would lose this extended period, and bear the heaviest financial consequences.

In its April 27, 2018 letter to the Centers for Medicare & Medicaid Services, AHCA’s Deputy Secretary for Medicaid claimed: “We are not aware of any concern or opposition raised by any member of either party regarding this provision during extensive budget debate.”

The record refuting that statement follows. During the March 9th, 2018 Senate floor debate on HB 5001, the General Appropriations Act, Democratic Senators Audrey Gibson, Jose Javier Rodriguez, Kevin Rader, and Victor Torres all expressed concerns and raised questions about the need for the cut.

“Contrary to AHCA’s alternative facts, Senate Democrats did raise both opposition and concerns during the budget debate on the Medicaid retroactive eligibility cuts. Attempting to sell this as a bi-partisan blessing on bad policy is an untruth.”

Marjory Stoneman Douglas High School Public Safety Act Signed Into Law

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Critical public safety legislation establishes
safeguards designed to enhance safety in schools

Florida Governor Rick Scott today signed Senate Bill 7026, The Marjory Stoneman Douglas High School Public Safety Act. The legislation represents a comprehensive approach to addressing the issues presented by the tragedy at Marjory Stoneman Douglas High School in Parkland, Florida, including firearm and school safety, and community mental health resources.

“I am pleased to see this comprehensive public safety legislation become law today. The Florida Legislature and Governor Scott worked diligently in the days following this horrific shooting to seek input from survivors and their families, as well as concerned citizens across the state,” said Florida Senate President Joe Negron (R-Stuart). “We can never replace the 17 lives lost at Marjory Stoneman Douglas High School, but in their memory we can, and through this legislation we will, do more to prevent a senseless tragedy like this from ever happening again.”

“The safety of our children is the top priority for all of us in public service. I appreciate the hard work of my colleagues and Governor Scott as we crafted an immediate plan of action to identify where the gaps exist in funding and policy for firearm and school safety, as well as community mental health resources,” said Senator Bill Galvano (R-Bradenton) who authored Senate Bill 7026. “The advice of survivors and the family members of the victims played a key role in the development of this legislation, and I was reassured to see the families of the victims join Governor Scott to see this legislation become law today.”

A summary of The Marjory Stoneman Douglas High School Public Safety Act is below.

Mental Health

In the area of mental health the legislation makes significant changes to keep firearms out of the hands of those suffering from mental illness:

  • Authorizes a law enforcement officer who is taking a person into custody for an involuntary examination under the Baker Act to seize and hold a firearm or ammunition from the person for 24 hours after the person is released and does not have a risk protection order against them or is the subject of a firearm disability.
  • Prohibits a person who has been adjudicated mentally defective or who has been committed to a mental institution from owning or possessing a firearm until a court orders otherwise.
  • Creates a process for a law enforcement officer or law enforcement agency to petition a court for a risk protection order to temporarily prevent persons who are at high risk of harming themselves or others from accessing firearms when a person poses a significant danger to himself or herself or others, including significant danger as a result of a mental health crisis or violent behavior. The bill also:
    • Allows a court to issue a risk protection order for up to 12 months.
    • Requires the surrender of all firearms and ammunition if a risk protection order is issued.
    • Provides a process for a risk protection order to be vacated or extended.

Firearm Safety

The legislation also provides new provisions to ensure full and complete background checks when a firearm is purchased:

  • Requires a three-day waiting period for all firearms, not just handguns or until the background check is completed, whichever is later. Provides exceptions for:
  • Concealed weapons permit holders, and
  • For the purchase of firearms other than handguns, an exception for:
    • Individuals who have completed a 16 hour hunter safety course;
    • Individuals holding a valid Florida hunting license; or
    • Law enforcement officers, correctional officers and service members (military and national guard)

The bill addresses two of the most frequent requests Senators heard from the families of victims simply to raise the age for purchasing a firearm and ban devices that turn a legal firearm into an illegal weapon.

  • Prohibits a person under 21 years of age from purchasing a firearm, and prohibits licensed firearm dealers, importers, and manufacturers, from selling a firearm, except in the case of a member of the military, or a law enforcement or correctional officer when purchasing a rifle or shotgun. (Persons under 21 years of age are already prohibited from purchasing a handgun under federal law.)
  • Prohibits a bump-fire stock from being imported, transferred, distributed, sold, keeping for sale, offering for sale, possessing, or giving away within the state.

School Safety

The bill improves school safety through the following provisions:

  • Establishes the Marjory Stoneman Douglas High School Public Safety Commission to investigate system failures in the Parkland school shooting and prior mass violence incidents, and develop recommendations for system improvements.
  • Codifies the Office of Safe Schools within the Florida Department of Education (DOE) and which will service as a central repository for the best practices, training standards, and compliance regarding school safety and security.
  • Permits a sheriff to establish a Coach Aaron Feis Guardian Program.
    • The legislation allows school districts to decide whether to participate in the guardian program if it is available in their county.
    • A guardian must complete 132 hours of comprehensive firearm safety and proficiency training, pass psychological evaluation, submit to and pass drug tests; and complete certified diversity training. The guardian program is named after Coach Aaron Feis, who lost his life protecting students during the shooting at Marjory Stoneman Douglas High School. The guardian program is completely voluntary for a sheriff to establish, for a school district to participate, and for an individual to volunteer.
    • Individuals who exclusively perform classroom duties as classroom teachers are excluded from participating in a Coach Aaron Feis Guardian Program. However, this limitation does not apply to classroom teachers of a Junior Reserve Officers’ Training Corps program; a current service member; and a current or former law enforcement officer.
  • Requires each district school board and school district superintendent to cooperate with law enforcement agencies to assign one or more safe-school officers at each school facility.  The safe-school officer requirement can be satisfied by appointing any combination of a school resource officer, a school safety officer, or a school guardian.
  • Requires each district school board to designate a district school safety specialist to serve as the district’s primary point of public contact for public school safety functions.
  • Requires each school district to designate school safety specialists and a threat assessment team at each school, and requires the team to operate under the district school safety specialist’s direction.
  • Requires the DOE to contract for the development of a Florida Safe Schools Assessment Tool which will assist school districts in conducting security assessments to identify threats and vulnerabilities.
  • Creates the mental health assistance allocation to assist school districts in establishing or expanding school-based mental health care.

The legislation also:

  • Prohibits a person from making, posting, or transmitting a threat to conduct a mass shooting or an act of terrorism.
  • Requires DCF to contract for community action treatment teams to provider behavioral health and support services.
  • Requires FDLE to procure a mobile app that would allow students and the community to relay information anonymously concerning unsafe, dangerous threats. The students of Marjory Stoneman Douglass recommended that the program be named “FortifyFL”

Funding

The legislation appropriates $400 million to implement the bill provisions, including the following:

  • Over $69 million to the DOE to fund the mental health assistance allocation.
  • $1 million for the design and construction of a memorial honoring those who lost their lives on February 14, 2018, at Marjory Stoneman Douglas High School.
  • Over $25 million for replacing building 12 at Marjory Stoneman Douglas High School.
  • Over $67 million for sheriff’s offices who decide to establish a school guardian program.
  • Over $97 million to aid for the safe schools allocation.
  • Over $98 million to implement a grant program for improving and hardening the physical security of school buildings.
  • $18.3 million to DCF for additional mobile crisis teams to ensure reasonable access among all counties.

Senate Passes Marjory Stoneman Douglas High School Public Safety Act

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Critical public safety legislation establishes
safeguards designed to enhance safety in schools

The Florida Senate today passed Senate Bill 7026, The Marjory Stoneman Douglas High School Public Safety Act. The legislation represents a comprehensive approach to addressing the issues presented by the tragedy at Marjory Stoneman Douglas High School in Parkland, Florida, including firearm and school safety, and community mental health resources.

“The opportunity to meet with and listen to survivors of the Marjory Stoneman Douglas High School shooting as well as the families of the victims has had a tremendous impact on each and every Senator and has significantly influenced the development of this important legislation,” said Senator Bill Galvano (R-Bradenton) who presented Senate Bill 7026 today. “We are listening. The Senate hears you and we are taking the appropriate steps to help ensure that a senseless tragedy like this never happens again.”

“We can never replace the 17 lives that were lost at Marjory Stoneman Douglas High School, and we can never erase the traumatic experience that lives on in the memories of those who survived this horrific attack. However, we will do everything we can to address the failure of government to effectively address the numerous warning signs that should have identified the perpetrator as a danger to others. We can and we will increase the resources available to identify and treat those suffering from mental illness, improve the safety and security of our schools, and ensure those suffering from mental illness do not have access to firearms,” said Senate President Joe Negron (R-Stuart).

A summary of The Marjory Stoneman Douglas High School Public Safety Act is below.

Mental Health

In the area of mental health the legislation makes significant changes to keep firearms out of the hands of those suffering from mental illness:

  • Authorizes a law enforcement officer who is taking a person into custody for an involuntary examination under the Baker Act to seize and hold a firearm or ammunition from the person for 24 hours after the person is released and does not have a risk protection order against them or is the subject of a firearm disability.
  • Prohibits a person who has been adjudicated mentally defective or who has been committed to a mental institution from owning or possessing a firearm until a court orders otherwise.
  • Creates a process for a law enforcement officer or law enforcement agency to petition a court for a risk protection order to temporarily prevent persons who are at high risk of harming themselves or others from accessing firearms when a person poses a significant danger to himself or herself or others, including significant danger as a result of a mental health crisis or violent behavior. The bill also:
    • Allows a court to issue a risk protection order for up to 12 months.
    • Requires the surrender of all firearms and ammunition if a risk protection order is issued.
    • Provides a process for a risk protection order to be vacated or extended.

 

Firearm Safety

The legislation also provides new provisions to ensure full and complete background checks when a firearm is purchased:

  • Requires a three-day waiting period for all firearms, not just handguns or until the background check is completed, whichever is later. Provides exceptions for:
  • Concealed weapons permit holders, and
  • For the purchase of firearms other than handguns, an exception for:
    • Individuals who have completed a 16 hour hunter safety course;
    • Individuals holding a valid Florida hunting license; or
    • Law enforcement officers, correctional officers and service members (military and national guard)

The bill addresses two of the most frequent requests Senators heard from the families of victims simply to raise the age for purchasing a firearm and ban devices that turn a legal firearm into an illegal weapon.

  • Prohibits a person under 21 years of age from purchasing a firearm, and prohibits licensed firearm dealers, importers, and manufacturers, from selling a firearm, except in the case of a member of the military, or a law enforcement or correctional officer when purchasing a rifle or shotgun. (Persons under 21 years of age are already prohibited from purchasing a handgun under federal law.)
  • Prohibits a bump-fire stock from being imported, transferred, distributed, sold, keeping for sale, offering for sale, possessing, or giving away within the state.

 

School Safety

The bill improves school safety through the following provisions:

  • Establishes the Marjory Stoneman Douglas High School Public Safety Commission to investigate system failures in the Parkland school shooting and prior mass violence incidents, and develop recommendations for system improvements.
  • Codifies the Office of Safe Schools within the Florida Department of Education (DOE) and which will service as a central repository for the best practices, training standards, and compliance regarding school safety and security.
  • Permits a sheriff to establish a Coach Aaron Feis Guardian Program.
    • The legislation allows school districts to decide whether to participate in the guardian program if it is available in their county.
    • A guardian must complete 132 hours of comprehensive firearm safety and proficiency training, pass psychological evaluation, submit to and pass drug tests; and complete certified diversity training. The guardian program is named after Coach Aaron Feis, who lost his life protecting students during the shooting at Marjory Stoneman Douglas High School. The guardian program is completely voluntary for a sheriff to establish, for a school district to participate, and for an individual to volunteer.
    • Individuals who exclusively perform classroom duties as classroom teachers are excluded from participating in a Coach Aaron Feis Guardian Program. However, this limitation does not apply to classroom teachers of a Junior Reserve Officers’ Training Corps program; a current service member; and a current or former law enforcement officer.
  • Requires each district school board and school district superintendent to cooperate with law enforcement agencies to assign one or more safe-school officers at each school facility.  The safe-school officer requirement can be satisfied by appointing any combination of a school resource officer, a school safety officer, or a school guardian.
  • Requires each district school board to designate a district school safety specialist to serve as the district’s primary point of public contact for public school safety functions.
  • Requires each school district to designate school safety specialists and a threat assessment team at each school, and requires the team to operate under the district school safety specialist’s direction.
  • Requires the DOE to contract for the development of a Florida Safe Schools Assessment Tool which will assist school districts in conducting security assessments to identify threats and vulnerabilities.
  • Creates the mental health assistance allocation to assist school districts in establishing or expanding school-based mental health care.

The legislation also:

  • Prohibits a person from making, posting, or transmitting a threat to conduct a mass shooting or an act of terrorism.
  • Requires DCF to contract for community action treatment teams to provider behavioral health and support services.
  • Requires FDLE to procure a mobile app that would allow students and the community to relay information anonymously concerning unsafe, dangerous threats. The students of Marjory Stoneman Douglass recommended that the program be named “FortifyFL”

 

Funding

The legislation appropriates $400 million to implement the bill provisions, including the following:

  • Over $69 million to the DOE to fund the mental health assistance allocation.
  • $1 million for the design and construction of a memorial honoring those who lost their lives on February 14, 2018, at Marjory Stoneman Douglas High School.
  • Over $25 million for replacing building 12 at Marjory Stoneman Douglas High School.
  • Over $67 million for sheriff’s offices who decide to establish a school guardian program.
  • Over $97 million to aid for the safe schools allocation.
  • Over $98 million to implement a grant program for improving and hardening the physical security of school buildings.
  • $18.3 million to DCF for additional mobile crisis teams to ensure reasonable access among all counties.

Senate Passes Proposed Constitutional Amendment Requiring Supermajority Vote for Tax Increases

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Florida voters can require two-thirds vote of both the House and Senate to raise taxes

The Florida Senate today passed HJR 7001, Supermajority Vote for State Taxes or Fees. The legislation proposes an amendment to Florida’s Constitution to require that a state tax or fee imposed, authorized, or raised by the Legislature, be approved by two-thirds of the membership of each house of the Legislature.

“Florida families plan their budgets carefully to make every dollar count and the Legislature exercises the same attentiveness when appropriating the tax dollars Floridians send us,” said Senate President Joe Negron (R-Stuart). “Just like Florida families, state government should live within its means.”

“When families across Florida have to find a way to pay for medical bills, braces, a new car, or a broken appliance, they have to sacrifice either by cutting expenses or increasing revenues by working extra hours, or taking on a second job,” said Senator Kelli Stargel (R-Lakeland), Chair of the Appropriations Subcommittee on Finance and Tax, who presented HJR 7001 on the Senate floor. “State government should be just as diligent with determining when to make cuts and when to increase revenues. This important legislation gives voters a chance to make it harder for the Legislature to raise state taxes and fees.”

The amendment proposed in HJR 7001 will take effect on January 8, 2019, if approved by sixty percent of the voters.

Florida Senate Committee Sends Payday Lending Bill To Floor Over Strong Objections

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New Report Documents Payday Lenders’ $8 million Investment

A bill that creates a new predatory lending product passed out of the Senate Rules Committee Thursday morning and heads to the Senate Floor. A companion bill is already headed to the House floor. SB 920 and HB 857 would double the amount lenders may loan to each borrower and increase the cost to the consumer for the loans, with annual interest rates over 200%. Senator Anitere Flores (R) and Senator Jose Javier Rodriguez (D) voted against the bill.

“The payday lending expansion bill shot through the committee process,” said Alice Vickers, of the Florida Alliance for Consumer Protection. “You would think a product that is so damaging to the financial stability of so many households would give lawmakers pause. But they seem only to have ears for the payday lenders.”

A new report released this morning by the Florida Consumer Action Network and Every Voice Counts, “Payday Lender Influence in Florida,” documents the dollars payday lenders have spent in Florida. The report found that between campaign contributions and lobbying expenditures, payday lenders have spent at least $8 million in Florida since 2007.

Payday lenders claim they need a new product in Florida to avoid falling under a rule by the federal Consumer Financial Protection Bureau, which is meant to protect people from long-term debt traps. But the CFPB rule is under attack in Washington and may never take effect. Regardless, SB 920 and HB 857 would expand payday lending in Florida, which relies on trapping borrowers in a cycle of high-cost loans.

Reform passed in 2001 failed to stop the cycle of debt that payday lending intentionally creates. Payday lenders obtain 75% of their revenue from customers caught in 10 loans per year. In Florida, over 83% of loans go to people with seven or more loans per year, and the payday lenders suck over $300 million annually out of Florida’s economy.

At a Tuesday press conference, Rev. James T. Golden, of the AME Church of Florida said, “While I do not begrudge any business from making a profit, I do not think that it is fair that most of the profit from this business comes from the backs of people who can least afford it. If you want to provide a service, provide it. But if you want to create a situation where people are just not able to get beyond where they are, the payday lending industry is for you.”

Jared Nordlund with UnidosUS, opponents of the bill said, “We do not see usurious loans as a valid alternative for any consumer. Our communities are targeted by these businesses, and we should not be a haven for these predatory lenders.”

“We cannot support loans that place borrowers in a cycle of debt with 50% of these loans going to borrowers with 12 or more loans per year,” said Marucci Guzmán, Executive Director of Latino Leadership. “We look to our legislators to do a better job helping our community meet its financial needs.”

Calls to kill SB 920/HB 857 continue from the NAACP Florida State Conference, Cooperative Baptist Fellowship of Florida, Florida Conference of Catholic Bishops, Florida Council of Churches, and 11th District Episcopal AME Church, Latino Leadership, Florida Prosperity Partnership, Florida Veterans for Common Sense, UnidosUS, Florida Hispanic Unity, Florida Legal Services, League of Southeastern Credit Unions, Catalyst Miami, Solita’s House, Jacksonville Area Legal Aid, Beaches Habitat for Humanity and a growing list of other organizations in Florida.