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Florida Supreme Court: Regular weekly opinion release, 3/9/2017

Posted on March 9, 2017

Filings for the Florida Supreme Court
March 9, 2017

  • SC12-1252 & SC14-881 – Charles L. Anderson v. State of Florida and Charles L. Anderson v. Julie L. Jones, etc.
  • SC12-2469 – Dale Glenn Middleton v. State of Florida
  • SC14-383 – Inquiry Concerning a Judge, No. 13-25 Re: Andrew J. Decker, III – Corrected Opinion and Notice of Correction
  • SC14-1551 – Howard Steven Ault v. State of Florida
  • SC16-8 & SC16-56 – Cary Michael Lambrix v. State of Florida and Cary Michael Lambrix v. Julie L. Jones, etc.
  • SC16-118 – Joyce C. Shaw, et al. v. Mark A. Hunter, Sheriff, etc., et al.
  • SC16-724 – In Re: Standard Jury Instructions in Criminal Cases – Report 2016-01

Filed Under: Featured Tagged With: Florida Supreme Court, Regular Weekly Opinion Release

Senate Passes Excellence in Higher Education Act

Posted on March 9, 2017

Legislation expands financial aid and scholarship programs,
streamlines 2+2 college-to-university partnerships, strengthens
performance tools to keep schools accountable to taxpayers

The Florida Senate today passed Senate Bill 2, the Florida Excellence in Higher Education Act, sponsored by Senator Bill Galvano (R-Bradenton). Senate Bill 2 is the key component of Senate President Joe Negron’s (R-Stuart) Excellence in Higher Education Agenda for the 2017 Legislative Session.
Senate Bill 2 promotes on-time graduation by expanding student financial assistance and support, establishing tuition and fee incentives, streamlining 2+2 articulation, and strengthening mechanisms that keep colleges and universities accountable to Florida taxpayers. The legislation also expands policy and funding tools universities can leverage to recruit and retain the very best faculty, enhance professional and graduate schools, and improve aging infrastructure and research laboratories.
Statement by President Negron:
“This comprehensive legislation will boost the strength and competitiveness of our state’s higher education system as our primary economic engine to drive vibrant, sustainable economic development and growth in high-paying jobs. Our primary objectives are to work with universities to better serve students and increase their accountability to the taxpayers. I believe Florida taxpayers will see a return worthy of their investment when our top Florida students attend our own universities, complete degree programs on-time, and then graduate with job opportunities in high-demand fields needed in our growing communities.
“As we worked on this legislation over the last year, I have enjoyed the opportunity to hear from students and learn about the challenges they face as they work to complete their degrees. Like many students today, I worked throughout college and law school, and I understand the challenge of working and balancing difficult coursework. I am confident this package of policy enhancements will help more students graduate on-time, while maintaining the flexibility some students need as they balance their studies with family and work obligations.”
Statement by Senator Galvano:
“Our goal is to preserve access and increase affordability for Florida students, while at the same time making strategic investments that elevate the prominence of our state universities and increase their ability to compete as national destination institutions.
“By increasing need and merit-based financial assistance for university students and requiring universities to create flexible tuition policies, we can improve Florida’s 4-year graduation rate, which means cost savings for students and their families. Together with policy enhancements and funding investments that support university efforts to recruit and retain renowned faculty, improve facilities, and enhance professional schools, this legislation will help elevate the national reputation of Florida’s state universities, and further increase the return on investment for students, parents, and taxpayers.
“The bill prioritizes on-time graduation as a goal for our system of higher education, while still recognizing that, for a variety of reasons, not all students will be able to complete their programs within the traditional timetable. The legislation also makes it clear that schools are only evaluated on the graduation rates of our traditional, full-time, first-time-in-college students. No student is penalized in any way by this policy. In fact, this pro-student legislation supports students by removing barriers to graduation and helping ease financial insecurities that lead students to delay completing their degrees.”
SENATE BILL 2 – THE FLORIDA EXCELLENCE IN HIGHER EDUCATION ACT
Expands Student Financial Assistance and Support

  • Reinstates Highest Bright Futures Scholarship Program Award (Florida Academic Scholar) to cover 100 percent of tuition and certain tuition-indexed fees, including the summer term, plus $300 for textbooks and college-related expenses during the fall and spring terms.
  • Expands the Benacquisto Scholar Program to provide awards for qualified out-of-state students, as funded in the General Appropriations Act (GAA), equal to the highest cost of resident student attendance at a state university. The student must physically reside in the community of the university he or she is attending.
  • Revises the 1st Generation Matching Grant Program to provide two to one (state to local match versus one to one), as funded in the GAA.
  • Creates the Florida Farmworker Student Scholarship Program to provide need-based scholarships to cover the cost of tuition and fees for farmworkers and the children of farmworkers to earn a workforce certificate or a college degree.

Establishes Tuition and Fee Incentives
The Legislature has authorized state universities to implement flexible tuition policies to assist students in accessing higher education in our state. To date, no state university has implemented a block tuition policy.

  • Requires universities to implement a block tuition policy, which must specify an in-state block tuition rate and an out-of-state block tuition rate for full-time undergraduate students. The university board of trustees and the Board of Governors must publicly approve the block tuition policy in time for implementation by no later than the Fall 2018 semester.

Streamlines 2+2 Articulation

  • Establishes the 2+2 targeted pathway program to strengthen Florida’s 2+2 system of articulation and improve student retention and on-time graduation in four years with a baccalaureate degree.
  • Requires each community college to execute at least one 2+2 targeted pathway articulation agreement by the 2018-19 academic year. The articulation agreement must provide students who meet specified requirements guaranteed access to the state university and baccalaureate degree program in accordance with the terms of the agreement.
  • Requires district school boards to notify students and parents with accurate and timely information about how college credits generated in high school will apply towards a college degree.

Strengthens Mechanisms That Keep Colleges and Universities Accountable To Florida Taxpayers
Incentivizes full-time student graduation in four years by focusing institutional efforts on initiatives that reduce student time to, and costs of, on-time degree completion.

  • Upgrades State University System (SUS) Performance Metrics in Preeminence and Performance Funding programs: 
    • Tightens graduation rate expectations to four-year (from six-year) for a baccalaureate degree. (Note: Universities are only evaluated based on the graduation rates of students who are enrolled full-time, beginning in the fall semester, and who have not previously enrolled.)
    • Repeals preeminent university authority for a six-credit set of “unique courses” that consume time and money for non-transferable credit.
  • Upgrades Florida College System (FCS) Performance Metrics in Distinguished College and Performance Funding programs:
    • Tightens degree (associate and bachelor) graduation rate metrics to 100 percent (versus 150 percent) of normal-time completion. (Note: Colleges are only evaluated based on the graduation rates of students who are enrolled full-time, beginning in the fall semester, and who have not previously enrolled.)
    • Adds a college affordability metric, which must be adopted by the State Board of Education.
    • Specifies the job placement metric must be based on wage thresholds that reflect the added value of the applicable certificate or degree.

Expands and Enhances Policy and Funding Tools State Universities can Leverage to Recruit and Retain the Very Best Faculty

  • Establishes a World Class Faculty Scholar Program to fund university efforts to recruit, recognize, and retain star faculty and teams, as funded in the GAA.
  • Establishes a University Professional and Graduate Degree Excellence Program to promote quality and excellence in university professional school and graduate study outcomes in high-impact fields of medicine, law, and business, as funded in the GAA.
  • Links education to job opportunities by expanding university responsibility to identify internship opportunities for students to benefit from industry experts and mentors, earn industry certifications, and become employed in high-demand fields of unmet need.

 

Filed Under: Featured Tagged With: Excellence in Higher Education Act, Florida Senate

Statement by Commissioner Adam Putnam on Today’s Historically Low Citrus Crop Forecast

Posted on March 9, 2017

Florida Commissioner of Agriculture Adam H. Putnam released the following statement today after the U.S. Department of Agriculture released its monthly citrus crop forecast for the 2016-2017 season, which is down four-percent from the February forecast:
“Although not unexpected, today’s historically low forecast is the latest example of citrus greening’s continued devastation of Florida’s citrus industry. Until a long-term solution is discovered, which some of our state’s brightest minds are working on, we must support Florida’s multi-billion dollar citrus industry and the more than 60,000 jobs it supports.”
The USDA’s forecast today of 67 million boxes of oranges for the 2016-2017 season is down more than 17 percent from the 81.5 million boxes harvested last season. Today’s forecast represents a decline of more than 70 percent since the peak of citrus production at 244 million boxes during the 1997-98 season.
In support of Florida’s growers and industry groups seeking approval from the EPA for the use of certain antimicrobial treatments to combat greening, a bacterial disease spread by a tiny, invasive insect, Commissioner Putnam issued a crisis declaration in 2016 regarding their Section 18 application to the Environmental Protection Agency, which allowed the immediate use of these treatments.
For more information about the Florida Department of Agriculture and Consumer Services, visit FreshFromFlorida.com.

Filed Under: Featured Tagged With: Citrus Crop Forecast, Commissioner Adam Putnam, FDACS, Historically Low, statement

Governor Rick Scott to Give Update on Collier County Wildfire

Posted on March 9, 2017

Tomorrow, March 10th, Governor Rick Scott and Commissioner Adam Putnam will give an update on the Collier County wildfire at the Collier County Emergency Management facilty.
WHAT: Update on Collier County Wildfire
WHEN: 9:00 AM
WHERE: Collier County Emergency Management
8075 Lely Cultural Pkwy
Naples, FL 34113

Filed Under: Featured Tagged With: Collier County Wildfire, Governor Rick Scott, Media Advisory, update

Senator Bill Nelson's remarks re: Bob Levinson

Posted on March 9, 2017

Today marks 10 years since Bob Levinson, a retired FBI agent and Florida resident, went missing while visiting an island off the coast of Iran. U.S. Sens. Bill Nelson (D-FL) and Marco Rubio (R-FL) filed a resolution today calling on the government of Iran to follow through on its repeated promises to help search for Levinson.
“Today, we renew our call on Iran to make good on those promises and return Bob,” Nelson said in remarks on the Senate floor this afternoon. “We also urge the president and our allies to keep pressing Iran – to make clear that the United States has not forgotten Bob and we won’t forget him until he’s home.”
Following is a transcript of Nelson’s remarks and here’s a link to watch video of his speech: https://youtu.be/hASS4wwYulY.

The text of Nelson and Rubio’s resolution is available here.
U.S. Sen. Bill Nelson
Remarks on the Senate Floor
March 9, 2017
Sen. Nelson: Madam President, I come to the floor today with a heavy heart because ten years ago today, Robert Levinson, a former FBI agent, was detained in Iran on the tourist island of Kish island in the Persian Gulf.
Bob, a long-time and much respected FBI agent who had been retired, had served his country for 28 years. He is the longest held civilian in our nation’s history. He’s a husband, a father of seven and now a grandfather of six and he deserves to be reunited with his family.
Since Bob’s detention, American officials have sought Iran’s cooperation in locating and returning Bob to his family. And, of course, Iranian officials have promised over and over their assistance, but after ten long years, those promises have amounted to nothing. Bob still is not home.
The bottom line, Madam President, is that Iran is responsible for returning Bob to his family. If Iranian officials don’t have Bob, then they sure know where to find him.
So today we renew our call on Iran to make good on those promises and return Bob, return him where he ought to be, with his family.
Iran’s continued delay in returning him, in addition to the very serious disagreements the United States has with the government of Iran about its missile program, its sponsorship of terrorism and its human rights abuses, it’s just another obstacle Iran must overcome if it wants to improve relations with the United States.
We also urge the president and our allies to keep pressing Iran to make clear that the United States has not forgotten Bob and won’t forget him until he’s home.
Obviously, we owe this to Bob, a servant of America, and we certainly owe it to his family. And so to Bob’s family, we recognize your tireless efforts over the years for ten long years to bring your dad home, and we offer our sympathies.
Madam President, I yield the floor.

Filed Under: Video Tagged With: Bob Levinson, Remarks, Senator Bill Nelson

Attorney General Bondi to Convene the Statewide Council on Human Trafficking

Posted on March 9, 2017

MEDIA ADVISORY

Attorney General Pam Bondi will convene this year’s first meeting of the Statewide Council on Human Trafficking today, March 9, at 1:00 p.m. in Tallahassee. The 15-member council, chaired by Attorney General Bondi, builds on existing state and local partnerships working to make Florida a zero-tolerance state for human trafficking. Members of the council include law enforcement officers, legislators, prosecutors and experts in health, education and social services.
WHO: Attorney General Pam Bondi and members of the Statewide Council on Human Trafficking
WHEN: Thursday, March 9, 1:00 p.m.
WHERE: Cabinet Meeting Room
The Capitol, LL-03
Tallahassee, Fla.
To view the meeting agenda, click here.
For more information on the Statewide Council for Human Trafficking, visit MyFloridaLegal.com.

Filed Under: Featured Tagged With: Attorney General Pam Bondi, Media Advisory, Statewide Council on Human Trafficking

Wedgewood Golf Club Featured as Florida Historic Golf Trail Course of the Month

Posted on March 9, 2017

Florida Department of State
Secretary of State Ken Detzner announced today that the Wedgewood Golf Club, located in the City of Lakeland in Polk County, has been chosen as the featured course on the Florida Historic Golf Trail for the month of March.
“We are pleased to feature the Wedgewood Golf Club as a partner on the Florida Historic Golf Trail,” said Secretary Detzner. “Since its opening in 1931, this course has hosted some of golf’s greatest players.”
3.9.2017 X Wedgewood Golf Club

Image Courtesy of Jack Collins

The Club is located on the former site of the National Home of the United Brotherhood of Carpenters and Joiners of America. Construction of the golf course began in 1929. The golf course officially opened on January 1, 1931, with Charles W. Howe as the professional in charge. In 1983, the course reopened after a year’s worth of redesign by Lakeland golf course architect Ron Garl.
Today, the 18-hole, par-70 golf course features three sets of tees playing from 4,800 to 6,400 yards. The layout has plenty of sand, water and trees, and creates a terrific challenge for golfers of all ages and skill levels.
“We are excited and honored to be featured this month on the Florida Historic Golf Trail,” said Sun Shin, President of Wedgewood Golf Club. “Wedgewood’s history dates back to the 1920s. The course has hosted golf legends like Hogan, Sarazen, Snead and Bobby Jones as well as Arnie Palmer. Redesigned by Florida architect Ron Garl, this course is still challenging to all levels of players.”
For more information about the Wedgewood Golf Club or the Florida Historic Golf Trail program, visit Wedgewood Golf Club  , Florida Historic Golf Trail or Facebook.com/FloridaHistoricGolfTrail.
About The Florida Historic Golf Trail
Florida’s golf history, recognized as one of the oldest in the nation, dates back to the late 1800s when a number of early courses were created along with the development of railroads and hotels in the state. The Florida Historic Golf Trail is a collection of more than 50 historic, publicly accessible golf courses throughout the state that can still be played on today. Through the Florida Historic Golf Trail, golfers can play on courses designed by world-class architects and played by famous golfers such as Bobby Jones, Walter Hagen, Gene Sarazen, Babe Zaharias, Arnold Palmer and Jack Nicklaus. Information about the history and current day contact information for each partner course can be found at FloridaHistoricGolfTrail.com. Find the historic course near you and Come Play on History! 
About The Division of Historical Resources
The Florida Department of State’s Division of Historical Resources (DHR) is responsible for preserving and promoting Florida’s historical, archaeological, and folk culture resources. The Division Director’s office oversees a grants-in-aid program to help preserve and maintain Florida’s historic buildings and archaeological sites; coordinates outreach programs such as the State Historic Markers program and the Florida Folklife program which identifies and promotes the state’s traditional culture. DHR directs historic preservation efforts throughout the state in cooperation with state and federal agencies, local governments, private organizations, and individuals. The Division Director serves as the State Historic Preservation Officer, acting as the liaison with the national historic preservation program conducted by the National Park Service. The Division is comprised of two Bureaus, archaeological research and historic preservation. For more information visit flheritage.com.

Filed Under: Featured Tagged With: Florida Historic Golf Trail, Wedgewood Golf Club

Groups file Clean Water Act suit against Pilgrim's Pride for polluting the Suwanee

Posted on March 9, 2017

ENVIRONMENTAL GROUPS FILE CLEAN WATER ACT SUIT AGAINST WORLD’S SECOND LARGEST CHICKEN PRODUCER, PILGRIM’S PRIDE, FOR POLLUTING THE SUWANNEE RIVER

Groups Sue Live Oak Processing Plant for Polluting “Outstanding Florida Water”
With Toxic Wastewater in Violation of Permit Limits

Environment Florida announced today that it has filed a lawsuit in the United States District Court in Jacksonville against the second-largest chicken producer in the world, Pilgrim’s Pride, for alleged ongoing violations of the federal Clean Water Act at its poultry processing plant in Live Oak, Florida.
Filed in court today, the complaint alleges that the company has committed 1,377 days of Clean Water Act violations since 2012, by discharging wastewater that exceeds pollution standards by as much as triple the legal limits. The lawsuit is a major step towards restoring the health of the Suwannee River.
“Here is one of the world’s largest meat companies continually dumping pollution into one of Florida’s most beautiful rivers,” said Jennifer Rubiello, State Director of Environment Florida. “If our own state officials won’t step in and protect the Suwannee, then Environment Florida will.”
Pilgrim Pride’s pollution contributes to low dissolved oxygen levels and toxic algal blooms, which are serious environmental problems plaguing the Suwannee and other Florida waterways.  Moreover, some of Pilgrims’ alleged violations are for toxicity – meaning they can disrupt the survival, growth, and reproduction of aquatic organisms.
The middle Suwannee River is famous for its 62 freshwater springs, is home to several state parks, and is part of the Florida Trail and the Suwannee River Wilderness Trail, a paddling route with river camp locations which receives over 43,000 visitors a year. The area is very popular with hikers, fishermen, and boaters. The Suwannee River State Park, near the processing plant’s pollution discharge point, is home to some of the best backcountry paddling in the state and welcomes more than 35,000 visitors yearly.
Sierra Club has also given formal notice of intent to sue Pilgrim’s Pride, and will join as a co-plaintiff in the lawsuit after the 60-day waiting period mandated by the Clean Water Act.
“The Suwannee River is one of Florida’s jewels,” said Whitey Markle, a longtime member of the Suwannee-St. John’s Group of the Sierra Club.  “It is essential that we preserve this valuable river for the enjoyment of all Florida citizens and visitors to the Sunshine State.”
In fact, the Florida Department of Environmental Protection has designated the Suwannee River as one of Florida’s 41 “Special Waters” (a water of exceptional recreational or ecological significance) within the category of Outstanding Florida Waters.
“As a biologist, I research the springs of the Suwannee River, and as a nature lover I lead canoe trips on the Suwannee, so it is clear to me that any harm to this special natural resource is shameful,” said Bob Knight, Environment Florida member and President of the Board at the Florida Springs Institute. “I want to be able to take my grandchildren paddling down the Suwannee with me, which means any further pollution needs to stop.”
The allegations in the lawsuit only address discharges that allegedly violate Pilgrim’s Pride’s permit. But the total pollution from Live Oak facility is much larger: the company dumped 379,641 pounds of toxic pollution into the Suwannee River in 2014, according to data from U.S EPA’s Toxics Release Inventory.
Such dumping fits into a broader pattern of pollution by Pilgrims’ Pride and its parent company, the Brazilian-based meat giant JBS. Last summer, Environment America – of which Environment Florida is a state affiliate – published a national report documenting water pollution by major agribusiness firms. According to the Environment America report, JBS’ supply chain in the U.S. generate 45 million tons of manure, and its processing plants (including this Pilgrim’s one in Florida) dumped more than 37 million pounds of toxic pollution into waterways from 2010 to 2014.
Today’s Clean Water Act citizen enforcement suit is part of Environment America’s effort to reduce corporate agribusiness’s massive toll on America’s rivers and streams.
Environment Florida’s complaint seeks a federal court order requiring the Live Oak facility to comply with its Clean Water Act permit, as well as civil penalties against Pilgrim’s Pride to punish it for past violations and to deter future violations.
Pilgrim’s Pride Corporation has operations in 14 states, Mexico, and Puerto Rico and is a supplier to KFC, Wal-Mart, Publix, and Wendy’s and generated a revenue of $7.9 billion in 2016. The Live Oak facility processes live poultry into fresh and frozen chicken meat products, and operates a broiler hatchery to produce chicks for distribution to growers. Pilgrim’s Pride is part of Brazilian company JBS S.A., the largest meat company by sales in the world.
 

Filed Under: Featured Tagged With: Clean Water Act, Environment Florida, Pilgrim's Pride, Pollution, Suwanee River

Be a citizen-scientist this horseshoe crab spawning season

Posted on March 9, 2017

Spring is approaching and that means it is peak mating season for horseshoe crabs. Biologists with the Florida Fish and Wildlife Conservation Commission (FWC) are asking the public to report horseshoe crab sightings.
Horseshoe crabs mate year-round, and spring is the peak season to see them in groups along the shore. To identify mating pairs, look for a smaller male on top of a larger female. Beachgoers will likely have the best luck spotting horseshoe crabs around high tide, within three days of a new or full moon. The next full moon is Sunday, March 12, and the new moon is Monday, March 27.
For 15 years, citizens have reported horseshoe crab sightings to the FWC, providing important information about population distribution. Although horseshoe crabs have been around for approximately 450 million years, their numbers have declined in recent decades due to overfishing and loss of habitat.
If you see a horseshoe crab on its back, gently pick it up (holding both sides of the shell) and release it back into the water. Simple actions like this help conserve this species and the countless other species that depend on it.
The FWC asks the public to report sightings through one of several options. Go to MyFWC.com/Contact and go to “Horseshoe Crab Nesting Activity” for the “Florida Horseshoe Crab Spawning Beach Survey” link. You can also report findings via email at [email protected] or by phone at 866-252-9326.
 

Filed Under: Featured Tagged With: citizen-scientist, horseshoe crab, spawning season

FDLE arrests mobile device consultant

Posted on March 9, 2017

Inspectors with the Florida Department of Law Enforcement arrested FDLE government operations consultant John Leland Goelz on charges of grand theft and organized scheme to defraud.  Investigators believe Goelz, in his capacity as the agency’s mobile device consultant, purchased cell phones for himself and his family using FDLE’s mobile device contract.
FDLE began investigating Goelz after a member reported not being able to get an older cell phone upgraded.  As part of its mobile device contract, FDLE is eligible for a certain number of mobile device upgrades at discounted rates each year.  Goelz purchased 10 mobile devices for his personal use that should have been used to upgrade FDLE member phones.  By using FDLE’s contract, he was able to receive steep discounts on the phones he purchased.  The value lost to the agency was nearly $5,000.
FDLE is in the process of upgrading its procedures to ensure no changes are made regarding FDLE mobile phones without supervisory oversight.  Goelz, who was arrested Tuesday and booked into the Leon County Jail, is in the process of being terminated from FDLE.
The Office of the State Attorney, 2nd Judicial Circuit will prosecute this case.

Filed Under: Featured Tagged With: arrest, FDLE, mobile device consultant

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