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Senator Powell’s ‘Direct File’ Prohibition Bill Heads to Next Committee Stop

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Legislation would reform the way children are prosecuted in adult criminal court statewide

Legislation sponsored by Senator Bobby Powell (D-West Palm Beach) seen as a key component of criminal justice reform in the state of Florida is heading for its second Senate hearing, following a bi-partisan 5-1 vote of support in the Senate Criminal Justice Committee on Monday.
“I thank the Committee for recognizing the need for change,” said Senator Powell. “Our children are losing their futures in the current system. That benefits no one—not the state of Florida, not the criminal justice system and, certainly, not these kids.”
Backed by a broad array of social, religious and legal advocacy organizations, including the Florida Public Defenders Association, the Florida PTA, the ACLU of Florida and the Florida Conference of Catholic Bishops, Senator Powell’s ‘direct file’ bill, SB936, would reform the way children are prosecuted as adults in Florida
Currently, there are three ways juveniles are sent to the adult criminal justice system: indictment, judicial waivers and direct file, the latter giving prosecutors, not judges, the sole discretion to decide how children are prosecuted. Florida leads the nation in the numbers of children prosecuted as adults and is one of only three states that do not involve a judge in those decisions.
Senator Powell’s legislation would change that by eliminating mandatory direct file, prohibiting the direct filing of 14- and 15-year-olds, and revising the list of crimes for which prosecutors can decide to send children of any age into the adult system, among other important provisions.
“No one is saying children should not be held accountable for their actions,” said Scott McCoy, senior policy attorney for the Southern Poverty Law Center, and a supporter of the bill. “What we’re saying is they should be held accountable in the system we designed for that purpose, which is not the adult system, but the juvenile justice system. Otherwise, it’s tantamount to throwing them away.”
Senator Powell’s bill next heads to the Senate Appropriations Subcommittee on Criminal and Civil Justice.

Real Estate Leaders in Florida Named to SP200 Power List

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Florida Realtors® congratulates several leaders in Florida real estate for being named to the 2018 Swanepoel Power 200 list of the most powerful leaders in residential real estate.
Those recognized in the power rankings include:

  • Michael Saunders, founder and CEO of Michael Saunders & Company, at 94 on the list
  • Clark W. Toole III, president, Florida Companies, Coldwell Banker Residential Brokerage, who oversees NRT’s Florida operations, at 96
  • Mike Pappas, CEO, The Keyes Company, at 99
  • Rei Mesa, president and CEO, Berkshire Hathaway HomeServices Florida Realty, at 122
  • Teresa King Kinney, CEO, Miami Association of Realtors, at 123
  • Merri Jo Cowen, CEO, My Florida Regional MLS, at 140
  • Bill Martin, CEO, Florida Realtors, at 171
  • Dionna Hall, CEO, Realtors of the Palm Beaches & Greater Fort Lauderdale, at 188

The SP200 is produced and published annually by the Swanepoel T3 Group, the real estate consulting firm run by Stefan Swanepoel. The SP200 team invests more than 400 hours researching and analyzing bios, transaction and sales volume data, annual reports and other announcements and statistics from the past year.
According to the list, leaders are evaluated based on the office they hold, the decision-making power associated with that office, the financial resources at their disposal, their organization’s industry significance and geographical reach, public announcements about imminent changes, their tenure and their personal influence in the industry.
The Swanepoel T3 Group/T3 Sixty publishes several categories covering Corporate Executives, Power Brokers, Technology Executives, ORE (Organized Real Estate Leaders) Executives, Women Leaders, Emerging Leaders, Trendsetters, Social Influencers and the overall SP 200.

New JMI Report Urges Dental Workforce Reform to Expand Care and Patient Access for Millions of Floridians

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Florida faces a growing shortage of dental care over the next decade, a challenge that will only worsen the $322 million cost of emergency room dental care for Floridians who cannot see a dentist on their own, a new study by The James Madison Institute (JMI) finds. To combat the problem, the report says, state licensing regulations should be reformed to let the market determine the number and types of Florida’s dental care providers, including the relatively new innovation of dental therapists.
The “Dental Workforce Reform in Florida” study, conducted by JMI’s Center for Economic Prosperity, found that Florida lags 16 percent behind the national average in dentists per 100,000 residents, and roughly one in four Floridians – about 5 million people – live in areas of the state where there are documented shortages of dentists. Florida hospital emergency rooms treated almost 167,000 patients for non-traumatic dental conditions in 2016, amounting to more than $322 million – the largest portion paid by the taxpayers through Medicaid.
“The single most impactful way that policymakers can improve the overall trajectory of dental care in Florida is to embrace the innovation present through allowing dental therapists to practice their services,” concludes the study written by Sal Nuzzo, JMI’s vice president of policy, and Jennifer Minjarez, a policy analyst with Texas Public Policy Foundation.
Dental therapists, new to the United States, are dental practitioners who work within a dental team and under the supervision of a dentist. These licensed professionals primarily focus on routine preventive and restorative care and have the ability to provide quality dental care at lower costs for more individuals.
The study found that only 63 percent of Floridians visited a dentist or dental clinic in 2016. Those who do not receive regular dental care are more likely to experience severe dental disorders due to lack of care, forcing them to seek treatment from hospital emergency rooms, which can cost up to five times more than equivalent care offered in dental offices.
“Florida lawmakers should embrace a practical market-based health policy reform that enables dental therapists to meet our state’s diverse demand for dental care,” said Dr. Robert McClure, JMI’s president and CEO. “Implementing new policies that accommodate dental therapy would encourage the development of a highly-skilled health care profession, expand access to care, and improve the health of millions of Floridians.”
The study concluded that producing more dentists is not a viable solution to fixing Florida’s dental care shortage. The state is home to several special populations who often have unique oral health needs. Individuals 65 years and older make up one-fifth of the Florida population and usually have a greater need for dental care. In addition, 30 of the state’s 67 counties are designated rural areas in which only 2.4% of Florida’s general dentists practice.
“As the dental therapy workforce continues to grow in the U.S., policymakers will have the opportunity to reduce costs and expand access to quality dental care for individuals who have been underserved throughout the years,” said Nuzzo. “We found that clinics utilizing dental therapists experienced both individual cost savings and increased patient satisfaction.”
Six states – Alaska, Minnesota, Maine, Vermont, Washington, and Oregon – have recognized the positive relationship between dental therapists and increased access to care. These states have successfully employed licensed dental therapists to combat dentist shortages and meet the needs of their populations. In Florida, however, the Florida Dental Association has opposed the use of dental therapists, arguing that they do not provide the same level of care as licensed dentists.
The James Madison Institute’s policy brief is available HERE.

High-Speed Rail Fatalities Highlight Need for State Safety Measures

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Sen. Mayfield and Rep. Grall push for high-speed
passenger rail measures SB 572 and HB 525

The State of Florida currently has no law or regulation governing high-speed rail safety and recent Brightline fatalities have federal, state and local officials extremely concerned. In just the first five days of its high-speed rail service in the state, we have already seen two tragic fatalities, one of those during its inaugural run. This brings the number of fatalities associated with high-speed rail to four since July 2017.
Senator Debbie Mayfield, (R-Melbourne) and Rep. Erin Grall (R-Vero Beach) held a news conference at the Capitol calling on their colleagues in the House and Senate to address the need for high-speed rail safety measures. The lawmakers observed a moment of silence for the victims and their families.
“These deaths are tragic and unacceptable which is why I have been pushing for high-speed passenger rail safety measures for the past two sessions,” said Sen. Debbie Mayfield, (R- Melbourne). “Unfortunately, but not surprisingly, I have been met with resistance every step of the way. I believe we must do everything possible to ensure public safety and to minimize the risk of further tragedy.”
Sen. Mayfield has filed SB 572 that will create the Florida High-Speed Passenger Rail Safety Act that establishes minimum safety standards for high-speed passenger rail, including the installation of approved safety technology that at a minimum must include Positive Train Control and Remote Health Monitoring. Before operating high-speed passenger rail, a railroad company must also install or realign crossing gates, equip all automatic public railroad- highway grade crossing warning systems with remote health monitoring technology, and construct and maintain fencing in accordance with the act. Additionally, this act will prevent
high-speed passenger rail companies from shifting upgrade and maintenance costs to the taxpayers.
Later this afternoon the Senate Committee on Community Affairs is holding a workshop to discuss SB 572.
Residents in the affected regions have long expressed their growing fears over the additional 32 passenger trains per day and additional freight trains that will be speeding through a rail corridor where there are approximately 350 at grade crossings. County governments have also expressed concerns over the cost of safety upgrades which they will have to absorb despite the high-speed rail project being touted as privately funded.
“Local governments should not have to absorb the costs of a privately funded project,” said Rep. Erin Grall, (R-Vero Beach). “My bill will hold Brightline and other rail companies responsible for the cost of necessary safety upgrades rather than shifting them to the taxpayers.”
Rep. Grall and co-sponsor Rep. MaryLynn Magar have filed HB 525 which stipulates that a railroad company operating high-speed passenger rail is solely responsible for all rail corridor improvements or upgrades relating to its operation and safety. Neither local governments nor the state will be responsible for any costs associated with the construction and maintenance of necessary improvements unless express consent is given in writing.
Joining Sen. Mayfield and Rep. Grall were Kate Pingolt Cotner, Assistant County Attorney for Indian River, Chief Dan Wouters, Fire Rescue, Division Chief of Martin County Emergency Management, and Brent Hanlon with Citizens Against Rail Expansion in FL who echoed concerns on behalf of the Treasure Coast Region.
For more information please visit flsenate.gov and myfloridahouse.gov.

PIFF: Broxson AOB Amendment will Stop the “Looting by Lawsuit” in Florida

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The Personal Insurance Federation of Florida (PIFF) today issued the following statement applauding Senator Doug Broxson (R-Pensacola), for filing an amendment to Senate Bill 1168 that will resolve the problem of assignment of benefits abuse (AOB), which is driving up homeowners’ insurance rates for many Floridians. The Senate Banking and Insurance Committee will have the opportunity to vote on the bill this afternoon.
Statement from Michael Carlson, president of the Personal Insurance Federation of Florida (PIFF):
“This amendment is a silver bullet with strong consumer protections that will cut down on frivolous lawsuits and finally give relief to thousands of Floridians facing increasing premiums.
“We hope Chair Flores and the members of the committee give this amendment a fair hearing based on the mountains of evidence on this problem.
“As the latest Wall Street Journal editorial pointed out just this week, Florida can’t continue to prosper if it becomes a mecca for ‘looting by lawsuit.’ Republican leaders in the Senate have an opportunity to prove their commitment to constituents rather than caving to special interests.” 
Background

  • Senator Broxson’s amendment includes the provisions of Senate Bill 62, filed by Senator Dorothy Hukill (R-Port Orange), which is the product of years of efforts by stakeholders.
  • The key provisions of the bill were drafted by the Office of Insurance Regulation and Citizens Property Insurance Corporation, and are aimed at protecting consumers.
  • The amendment will require that in lawsuits between assignees and insurers, attorney fees will only be awarded pursuant to current laws permitting offers of settlement and penalizing frivolous claims or defenses.
  • It will include several strong consumer protections, such as requiring written, itemized estimates; prohibiting onerous cancellation and check processing fees; and protecting homeowners from claims by vendors when there is an assignment agreement in place.
  • Finally, the amendment includes a requirement that all property insurers make a full rate filing with the Office of Insurance Regulation within the year after the law becomes effective, to ensure that insurers are incorporating adjusted loss trends into the rate.

PIFF is a member of the Consumer Protection Coalition, which is a grassroots organization whose goal is to educate policymakers on the problem of AOB abuse and to find sensible, pro-consumer solutions that will reduce costs. Learn more about the AOB problem and the Coalition at fightfraud.today.

Maternal Mental Health Advocacy Day Jan. 29

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2018 is a landmark year for Maternal Mental Health in Florida as the legislature considers Senate Bill 138, the “Florida Families First Act,” filed by Senator Lauren Book. The Florida Maternal Mental Health Collaborative is hosting a Maternal Mental Health Advocacy Day in Tallahassee on Monday, January 29, 2018.
According to the American Academy of Pediatrics, postpartum depression is the most common, yet also most under-diagnosed, obstetrical complication in our county impacting women, infants and their families. Approximately 40,000 Florida families will be affected by a maternal mental health disorder. Most medical care providers don’t screen for these disorders and if they do, they are unsure of local specialized resources to help care for their patients’ needs. Maternal mental health disorders can occur during pregnancy and up to one year after delivery. This can include mild to severe depression and anxiety; and the less common but very serious postpartum psychosis that presents a need for emergency medical attention.
Since its founding in 2016, the Florida Maternal Mental Health Collaborative has brought together increasing numbers of various professional disciplines, advocates and survivors across the state to partner for positive change in awareness, education and services for maternal mental illnesses.
Partners from across the state will convene in Tallahassee on Monday, January 29 to educate and advocate for attention to these needs addressing postpartum depression and related illnesses. The Florida Families First Act has passed favorably through its first committee appearance, the Senate Health Policy Committee and will now be sent before the Senate Appropriations Subcommittee on Health and Human Services.

FAMU, WFSU Public Media, and Firelight Partner to Premiere PBS Film “Tell Them We Are Rising: The Story of Black Colleges and Universities”

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Film by Preeminent Storyteller Stanley Nelson
Showcases Florida A&M University’s National Impact

On January 26, 2018, Florida A&M University (FAMU) will partner with WFSU Public Media and Firelight Films to present a public screening of “Tell Them We Are Rising: The Story of Black Colleges and Universities,” the latest film from Emmy and Peabody Award-winning director Stanley Nelson. The screening is part of a national HBCU Tour and a collaboration between public media stations and historically Black colleges and universities (HBCUs).

The screening will be held at 7 p.m., in FAMU’s Lee Hall Auditorium, located at 1601 S. Martin Luther King Jr. Blvd., and will be followed by a panel discussion with representatives from the creative team, University leaders, prominent alumni, and other invited guests to talk about the important issues explored in the documentary.
FAMU, WFSU Public Media, and Firelight Media want the community to be a part of the discussion. To participate, interested attendees must RSVP at wfsu.org/ttwarscreening. Media availability with filmmakers and FAMU leaders will be held prior to the start of the film screening.
As a leading HBCU, FAMU’s students, faculty, and leaders play a prominent role in the film, showcasing the valuable impact of the University.
“Florida A&M University has had a tremendous impact on our community. It has provided opportunity and access for many to fulfill their dreams of an education,” said Kim Kelling, Director of Content and Community Partnerships.  “There are FAMU graduates in many leadership positions throughout the area and nation. It is our hope here at WFSU Public Media that this film, ‘Tell Them We Are Rising,’ will help inform our audiences of the value of historically Black colleges and universities. It is so critical to understand the history and legacies of these schools including FAMU.”
The 90-minute film will air nationally on the acclaimed PBS series, “Independent Lens” on Monday, February 19, 2018, from 9 p.m. – 10:30 p.m. EST (check local listings). The film will also be available for online viewing on PBS.org beginning February 20, 2018.
FAMU President Larry Robinson, Ph.D., commended Nelson, Firelight Media, PBS, WFSU, and the Corporation for Public Broadcasting for recognizing and honoring FAMU’s impact and the contributions of all HBCUs by producing and showing the film to local, regional and national audiences. 
“FAMU, and our sister HBCUs, have a rich and dynamic legacy. FAMU alone has provided life-changing educational experiences for more than 75,000 alumni that have gone on to become leaders and innovators who have strengthened our society and affected positive change in places near and far,” said Robinson. “We look forward to sharing our story with the world as we celebrate the life and legacy of HBCU graduate, Rev. Dr. Martin Luther King Jr., this January and pay homage to African Americans in February in honor of Black History Month.”
The screening and tour are a major part of “HBCU Rising,” the yearlong, multi-platform engagement project designed to drive dialogue sparked by the film among a variety of audiences.
Written, directed and produced by Nelson (“The Black Panthers: Vanguard of the Revolution”) and produced by Firelight Films, “Tell Them We Are Rising” reveals for the first time the complex history of how HBCUs – havens for Black intellectuals, artists and trailblazers – offered a path of promise toward the American dream, educated the architects of freedom movements throughout the decades, and cultivated leaders in every field.
The film also examines the impact HBCUs have had on American history, culture and national identity for more than 150 years.
“We felt it was very important to showcase the film to students on HBCU campuses because this is a vital part of our African-American and American history,” said director Stanley Nelson. “Many students and even alumni are not aware of the deep history of how and why HBCUs were created and the foundation for success they provided for African Americans. We appreciate the Corporation for Public Broadcasting’s support and the partnership on the ground with local public television and radio stations to make this tour possible.”

Fort Lauderdale woman wins top prize playing $500 A WEEK FOR LIFE Scratch-Off game

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The Florida Lottery announces that Georgia Heslop, of Fort Lauderdale, claimed a top prize in the $500 A WEEK FOR LIFE Scratch-Off game at Florida Lottery Headquarters in Tallahassee.
Heslop chose to receive her winnings as a one-time, lump-sum payment of $410,000. She purchased her winning ticket from Synergy Petroleum Group Inc., located at 3100 West Oakland Park Boulevard in Lauderdale Lakes.
The $1 Scratch-Off game, $500 A WEEK FOR LIFE, launched on July 2017, and features more than $19 million in total cash prizes, including six top prizes of $500 a week for life! The game’s overall odds of winning are one-in-4.97.
Scratch-Offs are an important part of the Lottery’s portfolio of games, generating more than $784 million for the Educational Enhancement Trust Fund (EETF) in FY 2016-17, and comprising approximately 68 percent of ticket sales.

Expert on Academic Freedom in Higher Education to Speak at UT on Friday, Feb. 9

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Risa Lieberwitz, professor of labor and employment law at Cornell University and general counsel of the American Association of University Professors (AAUP), will speak at The University of Tampa about academic freedom in higher education on Friday, Feb. 9, at 2 p.m.
This presentation is free and open to all UT students, faculty and staff, and the public. It will be held in the Reeves Theater in the Vaughn Center on campus.
Lieberwitz will address the role of law and institutional policies in protecting the multiple aspects of academic freedom in public and private institutions of higher education — individual rights of free speech and due process and collective rights of shared governance. The presentation, “The Many Faces of Academic Freedom: Free Speech, Due Process and Shared Governance,” will also examine the following questions: What does academic freedom mean? Does it extend beyond the teaching and research? Does it include rights to due process?
Lieberwitz’s presentation will be followed by a Q-and-A session.
The event was organized by the UT Workgroup on Free Speech and Academic Freedom and is sponsored by the Office of the Provost and Faculty Senate. The presentation is the first of a series of forums and events meant to cover the principles of free speech and academic freedom for the benefit of the entire University community.
For more information, contact Marcus Arvan, UT assistant professor of philosophy and chair of the UT Workgroup on Free Speech and Academic Freedom, at [email protected].

Spiny lobster trap tag fees waived for 2018-19 season

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As commercial fishermen and women begin to purchase their spiny lobster trap tags, this is a reminder that the Florida Fish and Wildlife Conservation Commission (FWC) has waived the $1 per trap spiny lobster trap tag fee for the 2018-2019 season. This waiver was approved at the December 2017 Commission meeting as an action in response to Hurricane Irma.
“Our hearts go out to the men and women who were impacted by Hurricane Irma. The commercial spiny lobster industry was severely impacted through the loss of traps during the height of the season. We hope this waiver will help the industry, which is one of the most economically important fisheries in Florida, get back to work,” said Jessica McCawley, director of the FWC’s Division of Marine Fisheries Management.
The commercial spiny lobster season is open from Aug. 6 through March 31 annually. While the tag fee for the 2018-2019 spiny lobster season is waived, commercial harvesters do need to submit the order for the tags and affix them to their traps prior to the August opening.
To access the Commercial Licensing System and to learn more, visit MyFWC.com/CLS.