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Plaintiffs Submit Brief Proposing Remedy for Unconstitutional Felon Voting Rights Restoration Process in Florida

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Fair Elections Legal Network and the law firm Cohen Milstein Sellers & Toll PLLC, counsel for the plaintiffs in Hand v. Scott, submitted a brief proposing a remedy for the constitutional violations found by U.S. District Court Judge Mark E. Walker in his February 1, 2018 ruling. Judge Walker ruled Florida’s voting rights restoration process for persons with felony convictions violates the 1st and 14th Amendments to the United States Constitution. Florida is still permitted to deny the right to vote to persons with felony convictions, and felons still cannot register or vote until that right is restored.

The brief stated the following:

Plaintiffs propose that this Court order the restoration of the right to vote to all persons with felony convictions immediately following the completion of any waiting period of a specified duration of time set forth in Florida state law or the Rules of Executive Clemency.  Currently, the Rules require a felon to wait five or seven years after sentence completion before he or she is eligible for restoration of civil rights.  Such an order will effectively eliminate the requirement for ex-felons to affirmatively apply for restoration and eliminate the state’s obligation to investigate each ex-felon in the State of Florida prior to making what this Court has found must be an objective determination made in a timely fashion.

This proposed remedy would fix the unconstitutional arbitrariness in the current restoration system and save the state money by eliminating the need to process and investigate individual applications for restoration of the right to vote.

In its February 1st ruling, the Court rejected the plaintiffs’ challenge to the pre-application waiting periods. This proposal calls for automatic restoration of voting rights for persons with felony convictions while deferring to state law on any uniform waiting period. This proposed approach would preserve the possibility of changing or eliminating any state law waiting periods in the future by, for example, constitutional amendment (including Ballot Question Number 4 which qualified for the November 6, 2018 election), legislation, or a vote of the Executive Clemency Board members to change their rules.

The brief and proposed order were submitted February 12th.

Background

Judge Walker’s February 1st decision affirmed that the 1st Amendment protects the right to vote and concluded that the process by which Florida officials grant or deny former felons’ restoration of voting rights applications is unconstitutionally arbitrary. The decision did not immediately order a remedy for the unconstitutional system.

Florida is one of four states that denies the right to vote to all former felons until they petition for rights restoration, and this process is the target of the lawsuit. Almost 1.5 million Floridians are currently disenfranchised even after completing their sentences, including men and women of all different political parties, races, ethnicities, ages, from cities and rural areas, as well as veterans, small business owners and others.

The lawsuit cited the lack of any rules governing the Executive Clemency Board’s decisions to grant or deny applications and contended that the arbitrary rights restoration process violates the U.S. Constitution.

The text of the U.S. District Court decision from February 1st can be found here.

The original complaint, procedural documents and other information on Hand v. Scott can be found here.

The Fair Elections Legal Network (FELN) is a national, nonpartisan voting rights and legal support organization. Our mission is to eliminate barriers to voting and improve election administration across the United States. Working alongside other national and state groups, FELN works to make the processes of voter registration, voting, and election administration as accessible as possible for every American. 

Cohen Milstein Sellers & Toll PLLC is recognized as one of the premier law firms in the country handling major, complex plaintiff-side litigation. With more than 90 attorneys, Cohen Milstein has offices in Washington, D.C., Chicago, Ill., Denver, Colo., New York, N.Y., Palm Beach Gardens, Fla., Philadelphia, Pa., and Raleigh, N.C.  For additional information, visit cohenmilstein.com

Tampa area claims lowest housing price index among major metros in Florida

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Tampa Hillsborough Economic Development Corporation’s latest Cost of
Living Index report has Tampa tied with Jacksonville for overall affordability
when compared with other state and nationally competing metros

The Tampa metro area claims the lowest housing costs among competing markets in the state of Florida and other major metro areas, according to the latest Cost of Living Index (COLI) report issued by the Tampa Hillsborough Economic Development Corporation (EDC). With a national average index of 100, Tampa’s 2017 housing index was 77.0 – 23 percent lower than the national average. The Tampa metro area’s overall 2017 COLI was 94.8, more than five percent lower than the national average.

“Tampa is attracting national attention for its vibrant food & craft beer scene, entrepreneurial buzz, and amazing quality of life,” said Michelle Bauer, chief marketing officer of the Tampa Hillsborough EDC. “The metro area ranks number one in the state for availability of high-wage jobs in fields such as information technology and financial services. The excellent career opportunities combined with affordable home prices make Tampa an ideal place to build your future.”

The composite index score is based upon individual scores for items including groceries, housing, utilities, transportation, health care, and miscellaneous goods and services, which are all weighted differently. Tampa’s lowest score was in housing.

Since 2011, the Tampa MSA has been at the top of the list for most affordable locations in the state of Florida. The market’s three year average index is 92.4.

For more information about the area’s Cost of Living scores, please visit the Tampa Hillsborough EDC’s Data Center.

About the Tampa Hillsborough Economic Development Corporation
The Tampa Hillsborough Economic Development Corporation is the lead designated economic development agency for Hillsborough County and the cities of Tampa, Plant City and Temple Terrace.  A partnership between the public sector and private corporate investors, the EDC works to develop and sustain a thriving local economy through the attraction, retention and expansion of high-wage jobs and capital investment within targeted industry sectors, including Corporate Headquarters, Financial and Shared Services, Life Sciences, Defense and Security, and Manufacturing.

The Tampa Hillsborough Economic Development Corporation exists because of the generous support of over 100 corporations, Hillsborough County, and the cities of Tampa, Plant City and Temple Terrace. For more information, visit tampaedc.com.

W. Pineloch Avenue Closure for SunRail Crossing Replacement

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W. Pineloch Avenue will be closed in both directions closed in both directions at the railroad crossing near Wadsworth Avenue from 7 a.m. Saturday, February 24, to 7 p.m. Sunday, February 25. The closure is necessary to replace the crossing, including removing steep and sloped asphalt between the two tracks, which will improve safety and provide a smoother ride for vehicles crossing the tracks.

Detour route signage will be placed at key locations in the area to direct drivers around the work zone. Access to businesses will be reduced and truck traffic will not be allowed through residential areas. The detour information for the closure is as follows:

  • Westbound W. Pineloch Ave. traffic will be directed to turn right onto S. Orange Ave. and then left onto W. Michigan St., then left on Lake Holden Terrance, left on W. Illiana Ave., right onto Wadsworth Ave., then right to go back onto W. Pineloch Avenue. Local traffic will be permitted to continue west on W. Pineloch Ave. to the closure.
  • Eastbound W. Pineloch Ave. traffic will be directed to turn left onto Wadsworth Ave., left onto W. Illiana Ave, right onto Lake Holden Terrace, right onto W. Michigan St., right onto S. Orange Ave., then left to go back onto W. Pineloch Ave.

Please note that schedules may change due to weather or other unforeseen circumstances. Updates can be found on the Florida Department of Transportation’s Central Florida website. For questions, please contact Communications Manager Steve Olson, at 386-943-5479 or [email protected].

Pembroke Pines woman claims $10 million FLORIDA LOTTO® jackpot

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The Florida Lottery announces that Marie Boucher, 51, of Pembroke Pines, claimed the $10 million FLORIDA LOTTO® jackpot from the drawing held on February 10, 2018, at Florida Lottery Headquarters in Tallahassee.

Boucher chose to receive the winnings as a one-time, lump-sum payment of $6,700,750.00. The jackpot-winning FLORIDA LOTTO Quick Pick ticket was purchased from Publix, located at 15729 Pines Boulevard in Pembroke Pines. The retailer received a bonus commission of $60,000 for selling the jackpot-winning FLORIDA LOTTO ticket.

The next FLORIDA LOTTO drawing will be held tomorrow, February 14, 2018, at 11:15 p.m. ET, with a $2 million jackpot. FLORIDA LOTTO drawings are broadcast on 17 carrier stations throughout the state. Drawings are also available for viewing on the Florida Lottery website. Winning numbers are available on the Lottery website, at retailers statewide and by phone at (850) 921-PLAY.

 

DSC February job fairs at Flagler/Palm Coast, DeLand campuses

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Business officers from a variety of industries will be on hand seeking to fill positions on Friday, Feb. 23, and Wednesday, Feb. 28, when Daytona State College’s Flagler/Palm Coast and DeLand campuses host spring job fairs.

“These job fairs are excellent opportunities for our students, graduates and the general public to connect with area employers who are hiring,” said Dean Howe, head of Daytona State’s Career Services Department, located in the Wetherell Building, Rm. 205, on the Daytona Beach Campus.

The Feb. 23 job fair at Flagler/Palm Coast Campus, 3000 Palm Coast Pkwy. SE, is slated from 11 a.m. to 3 p.m. Employers include the city of Palm Coast, Hammock Beach Resort, Palm Coast Data, Flagler County Sheriff’s Department, Flagler County Schools and Sea Ray Boats, to name just a few.

The Feb. 28 job fair is set for 9 a.m. to noon at the DeLand Campus, 1155 County Rd. 4139. Participating employers include Concierge Care, Florida Health Care Plans, Halifax Health, Pall Corporation, Sherwin-Williams, U.S. Foods, Sykes, Walgreens and others representing a range of industries.

Current DSC students and alumni are welcome to visit the college’s Career Services Department prior to the job fairs for assistance with resume and cover letter writing, interview preparation and other free services.

For additional information regarding the job fairs or DSC’s Career Services, contact Howe, (386) 506-3379 or [email protected].

CARE FL, others file federal lawsuit to stop the U.S. DOT from ignoring safety

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Indian River & Martin Counties, CARE FL File a Federal Lawsuit to Stop the
U.S. DOT from Ignoring Safety, Maritime & Environmental Problems and
Illegally Subsidizing All Aboard Florida/Brightline with Tax Exempt Bonds

Indian River County, Martin County and Citizens Against Rail Expansion in Florida (CARE FL) today filed a joint complaint in the U. S. District Court for the District of Columbia against the U.S. Department of Transportation (USDOT) and the Federal Railroad Administration (FRA).

The complaint demonstrates that federal officials ignored or failed to consider the environmental, public safety, maritime and environmental impacts the All Aboard Florida (AAF) rail project will have on Treasure Coast communities. Instead of directly addressing those vital concerns and directing that they be appropriately resolved in the Final Environmental Impact Statement (FEIS) and Record of Decision (ROD), USDOT/FRA instead acted as the project’s supporter, deferring to AAF’s needs and wishes in violation of law. The Counties and CARE FL demonstrate how those actions are contrary to and violate the National Environmental Policy Act (NEPA).

“Throughout the NEPA process, Indian River County submitted comments to the FRA demanding that the agency take a hard look at the environmental impacts of the All Aboard Florida project,” said Dylan Reingold, Indian River County Attorney. “Unfortunately, after improperly waiting 28 months, the FRA issued a flawed and legally inadequate Record of Decision.”

The new complaint demonstrates that the AAF rail project will significantly increase the number and speed of trains passing through nearly 350 at-grade road crossings along the Florida East Coast Rail corridor, 28 of which are located in Martin County and 31 of which are located in Indian River County. Those at-grade road crossings create what the FRA has euphemistically called in the FEIS, “opportunities for conflict between trains and vehicles or people.” Collisions and death are the result.

“Martin County feels strongly that the Federal Government rubber-stamped a high-speed train route through historic and environmentally sensitive areas of Martin County, ignoring viable alternative routes just to maximize profits,” said Sarah Woods, Martin County Attorney.

Even before All Aboard Florida’s Brightline began service on Phase 1 from Miami to West Palm Beach, in mid-January 2018, two pedestrians were killed. Subsequently, once service began a very few weeks ago, two more citizens have been hit and killed, and two injured—in all six separate encounters with the higher speed trains have occurred, garnering national attention. These tragic incidents are at slower speeds (below 80 miles an hour), while the speeds in the Counties will be 110 miles per hour.  The accidents clearly demonstrate the urgent need for the United States and State of Florida to pay much greater attention to the need for safety measures that will be necessary to protect pedestrians and motorists impacted across Florida.

The Florida East Coast Railway, on which Brightline operates, is already one of the deadliest tracks in the United States. Between 2011 and 2017, data collected by the U.S. Department of Transportation and the Federal Railroad Administration shows that there have been a total of 103 deaths, over 350 miles of Florida East Coast Railway tracks.  With the AAF/Brightline deaths, that number is now at least 107, and likely to continue to increase.

“While the death toll mounts day by day, the fundamental issue is how many more ‘encounters’ between AAF/Brightline trains and pedestrians, bicyclists and motorists will occur at the at-grade crossings?” questioned Steve Ryan, CARE Florida’s and Martin County’s attorney.  “We don’t believe that these crossings in highly populated areas can be made safe for trains traveling at 110 miles per hour.”

The complaint also addresses USDOT’s decision to subsidize AAF with tax-exempt Private Activity Bonds (PABs). The Internal Revenue Code only permits the issuance of tax-exempt PABs to finance a project if it falls into approved specified categories. However, the AAF project does not qualify to be designated as a “high-speed intercity rail facility”, and the USDOT and FRA have unlawfully approved the PABs for AAF, claiming incorrectly that the project is a “qualified highway or surface freight transfer facility.”  The project is clearly not qualified as a passenger railroad based on how Congress defined qualifying projects– and it is neither a highway nor a freight transfer facility, and the U.S. government should not try to pull the wool over the public’s eyes in order to justify providing subsidies inconsistent with the statute Congress carefully considered and passed.

Also described in the complaint are the multiple, significant environmental impacts the AAF project would have on the Treasure Coast region. For example, the St. Lucie Estuary and Indian River Lagoon, which support one of the most diverse assembly of flora and fauna communities, are two of the most productive and most threatened estuaries in the nation.The need to replace antiquated bridges, and the impact of grossly increased rail-bridge closures resulting from the AAF project, will have multiple adverse impacts on these rivers, the ecosystem and maritime commerce. The Project’s construction, noise and vibration, among other things, would also harm protected wildlife species and their habitat in the region.

In addition to environmental and public safety concerns, the complaint also outlines the adverse financial impact the Counties and its taxpayers will have to bear to mitigate the safety impacts of a project built and operated by a private railway company. The Federal government is inexplicably ordering the Counties to pay the increased costs of maintenance and rehabilitation of the project in perpetuity. The counties will be forced to pay millions of dollars to support AAF’s crony capitalism, already subsidized by the Federal and Florida state governments.

In 2015, Indian River County, Martin County and individual CARE FL plaintiffs successfully sued U.S. DOT in two different Complaints that were consolidated for decision. In August 2016, the U.S. District Court ruled that the PABs used by U.S. DOT and AAF would provide a taxpayer subsidy of $600 million to AAF in the first 10 years and that the PABs constituted a ‘major Federal action’ and that NEPA applied to the project. The Court made clear this was the first such finding by any Court. Subsequently, AAF and USDOT decided to withdraw the $1.75 billion in bonds to ‘moot’ the first case.  Since AAF has now been ‘re-awarded’ two tranches of PABs worth $600 million and $1.15 billion, it is obvious that withdrawal was just a tactic to delay the NEPA suit now being filed.  USDOT took 28 months from the time the FEIS was filed in August 2015 to December 15, 2017, before issuing the ROD that enables the NEPA suit to proceed. These manipulations on behalf of AAF demonstrate the steps USDOT has taken to frustrate safety, health and environmental review.

As the Congress and public begins to review the President’s infrastructure proposal, both are entitled to know USDOT will actually follow Congress’s directions—and not attempt to turn the statute upside down to subsidize a non-qualifying passenger train project as it is trying to do here.

For more information please visit ircgov.com, martin.fl.us, and CARE FL’s site at saveourfl.com.

Feb. 22 UT Honors Symposium to Explore “Captive Nation: Black Prison Organizing in the Civil Rights Era”

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On Thursday, Feb. 22, Dan Berger, who is an associate professor of comparative ethnic studies and U.S. history at The University of Washington Bothell, will discuss “Captive Nation: Black Prison Organizing in the Civil Rights Era” as part of The University of Tampa’s Honors Program symposia series. Berger’s talk will begin at 4 p.m. in Reeves Theatre, located on the second floor of the Vaughn Center, and is free and open to the public.

Berger is the author or editor of six books, including Captive Nation: Black Prison Organizing in the Civil Rights Era, which won the 2015 James A. Rawley Prize from the Organization of American Historians.Captive Nation documents the central role prisons played within the black freedom struggle between 1955 and 1980. He recently published an op-ed in The Washington Post’s “Made by History” blog about Florida prisons.

Other published books by Berger include Rethinking the American Prison Movement, The Struggle Within: Prisons, Political Prisoners and Mass Movements in the United Sates and Outlaws of America: The Weather Underground and the Politics of Solidarity. Berger was the editor of The Hidden 1970s: Histories of Radicalism and Letters from Young Activists: Today’s Rebels Speak Out.

Berger is a faculty associate of the Harry Bridges Center for Labor Studies at the University of Washington, and he sits on the advisory or editorial board of the journals Abolition, Journal of Civil and Human Rights and The Sixties.

For more information about the event, contact Ryan Cragun, director of the Honors Program and associate professor of sociology, at [email protected], or Kacy Tillman, associate director of the Honors Program and associate professor of English, at [email protected].

Gov. Rick Scott to Announce 2017 Visitation Numbers During Multi-City Tourism Tour This Week

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MEDIA ADVISORY

This Thursday, February 15th, Governor Rick Scott will announce Florida’s 2017 visitation numbers during a multi-city tourism tour in Juno Beach, Tampa and Naples. Florida welcomed an all-time record 112 million visitors in 2016. VISIT FLORIDA works each day to market Florida as the world’s premier tourism destination, and the state’s six-straight record-breaking years of visitation have directly coincided with the marketing resources and funding championed by Governor Scott.

This year, VISIT FLORIDA was funded at $76 million, and the governor has recommended $100 million for VISIT FLORIDA as part of his 2018-2019 Securing Florida’s Future budget. Currently, the Florida Senate has proposed $50 million and the Florida House has proposed $76 million for VISIT FLORIDA during the ongoing legislative session.

WHAT: Tourism Numbers Announcement

WHERE: Juno Beach, Tampa, Naples
Additional details will be announced in the coming days.

Harris Corporation to Showcase Florida-based Technology, Economic Impact in State Capitol

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MEDIA ADVISORY

Melbourne-based company sponsoring inaugural
Florida Technology Council Tech Day at the Capitol

Technology experts from Harris Corporation, one of Florida’s largest companies, will be available to discuss the latest trends in innovation and its role as an economic growth engine at the Florida Capitol this week.

Harris is the title sponsor of the first-ever Florida Technology Council Tech Day at the Capitol Thursday, Feb. 15, which showcases Florida technology companies, their homegrown innovation and the role they play in the state’s economy.

Harris is highlighting educational partnerships and technology during STEM Day at the Capitol Tuesday, Feb. 13, and on the same day Florida-based vendors will visit lawmakers during Harris Supplier Day. The company is showcasing space capabilities during Florida Space Day Wednesday, Feb. 14.

Harris experts are available for technology demonstrations and interviews on:

  • MyFloridaNet-2 (MFN-2) – New state data management network that connects agencies and local governments, school districts, colleges and universities and non-profit organizations. MFN-2 is replacing the MyFloridaNet system.
  • Public Safety Communications – First responder communications equipment and networks used throughout Florida. Harris played a significant role ensuring law enforcement, firefighters and emergency medical personnel were connected during Hurricane Irma last year.
  • Space–based weather technology – World’s most advanced digital camera monitors weather conditions aboard NOAA’s GOES-East satellite, while the Harris-built ground system controls the satellite and processes data for weather forecasters.
  • STEM education – Harris has donated millions of dollars to Florida schools and employees have volunteered thousands of hours to Science, Technology, Engineering and Mathematics education.
  • Space – Harris’ Florida-based Space and Intelligence Systems business provides satellite technology, space-based weather monitoring capabilities, geospatial data gathering and space ground systems that receive and analyze satellite data. More than 90 Harris space antennas are on-orbit today.
  • Geiger-mode LiDAR – Advanced geospatial technology that provides high resolution topographical mapping quickly and efficiently. One application, advanced flood plain mapping to prepare for hurricanes, is recommended by the House Select Committee on Hurricane Response and Preparedness report.

Who: Harris Corporation subject matter experts

What: STEM Education Day at the Capitol – Feb. 13
Harris Supplier Day – Feb. 13
Florida Space Day – Feb. 14
Florida Technology Council Tech Day at the Capitol – Feb. 15

When: 10 a.m.- 3 p.m.

Where: Florida State Capitol Rotunda
400 S. Monroe Street
Tallahassee, FL 32301

CFO and State Fire Marshal Jimmy Patronis on Passage of PTSD Benefits for First Responders Out of Second House Committee

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Chief Financial Officer (CFO) and State Fire Marshal Jimmy Patronis issued the following statement regarding the unanimous approval of House Bill 227 today by the Florida House of Representatives Government Operations and Technology Appropriations Subcommittee.

“To those opposing this good measure, I ask ‘what is a first responder’s life worth?’ First responders show up for us and our families without hesitation. It’s unacceptable that mental health is not a benefit for our first responders. With more than 15 percent of firefighters reported having made at least one suicide attempt during their time in fire service, it’s our responsibility to make mental health benefits more accessible and affordable for our first responders. I urge the House and Senate to continue to move QUICKLY on this bill so our first responders can get the help they need.”

The next stop for HB 227, sponsored by Rep. Matt Willhite, is the House Government Accountability Committee.