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Senate Passes Legislation to Require Civil Citations for Certain Youth Offenders

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Legislation decriminalizes many non-violent, first time offenses committed by adolescents

The Florida Senate today passed House Bill 301, sponsored by Senate President Pro Tempore Anitere Flores (R-Miami, Monroe). The legislation reforms requirements regarding the issuance of civil citations for certain non-violent youthful offenses.
“Almost daily, we see local, state, and even national news stories, where law enforcement officers are brought in to referee the day-to-day challenges that come with raising children,” said Senate President Joe Negron (R-Stuart), who has made juvenile justice reform a priority of his two-year term as Senate President. “We should not, and we will not tolerate serious wrongdoing by young people, but at the same time, we should not stigmatize non-violent, first-time youth offenders with a criminal record that could impact their ability to further their education, join our military, or earn credentials for many other important jobs.”
House Bill 301 requires law enforcement officers to issue a civil citation, or require the juvenile’s participation in a diversion program, when the juvenile admits to committing certain first-time misdemeanor offenses including: possession of alcoholic beverages, criminal mischief, trespass, and disorderly conduct, among others.
“There is a difference between the lack of judgement and maturity, and deliberate criminal behavior. When young people commit serious, violent crimes, there needs to be an appropriate legal penalty to ensure public safety. However, for many non-violent, first-time offenders, a civil citation is a better mechanism to help a young person learn from his or her mistakes without a criminal record that could haunt them throughout their adult life,” said President Pro Tempore Flores.
Under House Bill 301, for offenses where law enforcement officers have the discretion to issue a civil citation, but instead arrest the juvenile, they must provide written documentation articulating why an arrest was chosen over a civil citation. The legislation also specifies the option of the issuance of a civil citation or referral to a similar diversion program, does not apply to a juvenile who is alleged to have committed, has plead guilty to, or has been convicted of a felony, or a misdemeanor offense arising out of an episode in which the juvenile is also alleged to have committed a felony.

FDACS recovers more than $167,000 for Floridians in April

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The Florida Department of Agriculture and Consumer Services recovered more than $167,000 for Florida consumers during the month of April. Last year, the department recovered nearly $3 million for Florida consumers from moving companies, vehicle repair shops, pawn shops, health studios, telemarketers, sellers of travel and more.
During April 2017, the department:

  • Recovered $167,407 on behalf of Florida consumers;
  • Received 3,283 complaints;
  • Initiated 351 investigations;
  • Arrested eight individuals;
  • Provided assistance to 20,011 consumers through the 1-800-HELP-FLA hotline, online chats and emails; and
  • Added 23,386 telephone numbers to Florida’s Do Not Call List.

As the state’s clearinghouse for consumer complaints, the department educates the public, investigates complaints and provides mediation on behalf of consumers. The department’s call center is staffed with trained analysts who can respond to questions about programs and regulations under the department’s purview, provide information on a wide variety of topics or direct callers to the appropriate government agency.
Consumers who believe fraud has taken place can contact the department’s consumer protection and information hotline at 1-800-HELP-FLA (435-7352) or, for Spanish speakers, 1-800-FL-AYUDA (352-9832). For consumer protection information and resources, visit FloridaConsumerHelp.com.

Senator Linda Stewart's Disability Accommodations Bill Receives Senate Approval

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Determined to maintain her long-standing promise to protect the most vulnerable residents of the state, State Senator Linda Stewart (D-Orlando) on Monday passed a public accommodations bill in a full vote on the Senate floor with unanimous, bipartisan support. SB 1398 creates a voluntary program that promotes accessibility for the disabled, provides businesses with guidance on compliance with the Americans with Disabilities Act (ADA), and gives courts a tool to reject claims for attorneys’ fees and costs in “drive-by” lawsuits.
“We are taking key steps to ensure the Americans with Disabilities Act is used for the purpose for which it was intended—to protect our friends and neighbors with a disability,” said Sen. Stewart. “Florida’s small businesses will now have access to information and guidance that ensures they are taking proactive steps to accommodate anyone who wants to shop there. I would like to thank my colleague Rep. Tom Leek for his work on the House companion bill.”
Drive-by lawsuits were recently the focus of CBS’s 60 Minutes, which highlighted the abuses of certain law firms that have sought out unsuspecting hotels, restaurants, and other local employers to file hundreds of frivolous lawsuits based on highly technical violations of the ADA. Violations can be as simple as misplaced signs or failing to include the words “Van Accessible” on parking signs. Senate Bill 1398 provides businesses with resources to increase accessibility for places of public accommodation and gives courts a tool to handle drive-by ADA lawsuits accordingly.

Nelson: Keep oil drilling out of Florida Keys

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Sen. Bill Nelson today sent a letter to Interior Secretary Ryan Zinke and Commerce Secretary Wilbur Ross strongly urging the new administration to keep oil and gas drilling away from the Florida Keys.
Nelson’s letter comes in response to an executive order the president signed Friday ordering the Department of the Interior to determine how many energy and mineral resources are available in designated national marine sanctuaries, such as the Florida Keys National Marine Sanctuary.
Nelson, who filed legislation last week that would block the Interior Secretary from opening additional areas to offshore drilling until at least 2022, cited the significant environmental and economic impact that drilling in the Florida Keys sanctuary would have on Florida.
“Against clear congressional intent, the president’s Executive Order directs your departments to tally the oil and minerals contained in national marine sanctuaries like the Florida Keys,” Nelson wrote. “Seismic testing and other preleasing drilling activities directly conflict with the laws that created the Florida Keys National Marine Sanctuary and I strongly urge you to refrain from allowing any oil and gas activities in the Florida Keys.”
Below is the full text of Nelson’s letter, and here is a signed PDF copy.

May 1, 2017

The Honorable Wilbur Ross
Secretary
U.S. Department of Commerce
1401 Constitution Ave NW
Washington, DC 20230
The Honorable Ryan Zinke
Secretary
U.S. Department of the Interior
1849 C Street NW
Washington, DC 20240
Dear Secretary Zinke and Secretary Ross,
I am gravely concerned that the Presidential Executive Order issued Friday, April 28th, represents a significant economic and environmental threat to Florida—and it violates both the spirit and the text of the law regarding National Marine Sanctuaries.
The Florida Keys National Marine Sanctuary (NMS) is a gem among many in Florida’s tourism-based economy, generating $4.4 billion in annual revenue for the local community and supporting over 70,000 jobs. It is home to over 6000 species of marine life, the third largest living coral barrier reef system in the world, and an estimated 1,000 shipwrecks. Fourteen historic sites in Florida Keys NMS are listed on the National Register of Historic Places.
This area is of such national importance that in response to environmental threats, including oil drilling, Congress designated the Florida Keys as a National Marine Sanctuary in 1990 “to protect and preserve living and other resources of the Florida Keys marine environment.”
Against clear congressional intent, the president’s Executive Order directs your departments to tally the oil and minerals contained in national marine sanctuaries like the Florida Keys—presumably by using seismic air gun blasts in some of the most sensitive and important habitats in our ocean.
Seismic testing and other preleasing drilling activities directly conflict with the laws that created the Florida Keys National Marine Sanctuary and I strongly urge you to refrain from allowing any oil and gas activities in the Florida Keys.

Sincerely,

Fulbright scholar from Brazil visiting Flagler College to study Deaf Education program

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Dr. Margaret Finnegan with Fulbright visiting scholar Dr. Maraisa Lopes

For the first time ever, Flagler College is hosting a Fulbright scholar. Dr. Maraisa Lopes, from the Federal University of Piaui Teresina, Brazil, is working with the Deaf and Hard of Hearing program in the Education Department to study differences between Brazilian and American higher education experiences in the field.
She is working closely with Professor Dr. Margaret Finnegan, Deaf Education coordinator — from now until June and again in the fall — to examine teacher education experiences, which include the structure and impact of student practicums, coursework, curriculum, internships, testing practices and state and federal standards. The aim of the cross-cultural collaboration is to share expertise and improve deaf and hard of hearing programs.
“Dr. Lopes is a consummate professional, asking questions and making observations about our program that prompt me to reflect on my practice and our course of study,” Finnegan said. “This has been an unexpected benefit, encouraging me to look at our D/HH program and to view our courses with an eye on how we might improve them.”
Lopes received a Fulbright “Junior Faculty Member Award” from the organization’s Core Fulbright Visiting Scholar Program, which provides grants to 800 faculty and professionals from around the world for advanced research and university lecturing in the United States.
The Brazilian scholar said she chose Flagler as a host site for two reasons: place and people.
“I was looking for a university with a long history of experience in the deaf education field,” Lopes said. “Other universities in the U.S. could have offered that, but then I came upon Dr. Finnegan’s name. She is very involved in the deaf community, and leads a deaf education program.”
Flagler College, she concluded, was the right place.
As part of her studies, Lopes is currently observing and examining various elements of Flagler’s teacher education program. One of the difference she’s already noticed is the emphasis on practical experience at Flagler, and the benefits it offers students. When she returns to Brazil this summer, she will administer a questionnaire to her colleagues and students at Federal University in Piaui to gauge their experience in their teacher education program. When she returns to Flagler in the fall, she will do the same and compare the results of both groups in a final report.
In addition to research and collaboration, the Fulbright grant has encouraged cross-cultural exchange.
“This kind of program is really good because beyond having a project, having people from different cultures and places interact is really important,” Lopes said.
Finnegan agreed. “I believe Fulbright scholars can bring not only their knowledge and skill, but also energy, intellectual curiosity and new cultural perspectives,” she said. “It is a very real benefit to our department and to the college. We are so fortunate to have Dr. Lopes. I am learning from her every day.”
The Fulbright Scholar Program oversees the visiting scholar program and is organized by the United States Department of State, Bureau of Educational and Cultural Affairs.

Representative Matt Caldwell Files to Run for Commissioner of Agriculture

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Today, Representative Matt Caldwell filed his paperwork to run for Commissioner of Agriculture.

Rep. Matt Caldwell

Representative Caldwell said, “As a 7th generation Florida native and the descendant of Florida farmers and small business owners, this great state has given my family so much. I am seeking this opportunity to give back and to serve the people of the great State of Florida. I have filed to run for Commissioner of Agriculture in order to continue our work together, fighting for and building upon the important issues we’ve tackled in the Florida House.”
The Commissioner of Agriculture serves as a member of the Florida Cabinet and is critical to the foundation of Florida’s economy. The Florida Department of Agriculture and Consumer Services helps the agricultural industry with its daily challenges, promotes Florida’s agricultural commodities, manages state forests, safeguards consumers, implements the school lunch program, and oversees the concealed-weapon license system.
Caldwell was first elected to the Florida House in 2010. He has chaired committees related to agriculture and natural resources and has served on committees focusing on issues including transportation, tax policy, redistricting, insurance, banking, and local government & federal government affairs. He currently chairs the Government Accountability Committee, which oversees state policy on natural resources and public lands, transportation and infrastructure, local, federal, and military issues, & oversight of government operations, such as pensions & elections.
Caldwell has consistently been a champion of issues that impact our environment and the agricultural community. He sponsored an expansion of the Everglades Forever Act, which will complete Everglades restoration in the area south of Lake Okeechobee, and was the prime co-sponsor of the Legacy Florida Act, which will permanently fund restoration of the greater Everglades.
In 2016, Caldwell followed the heed of current Commissioner Adam Putnam and then-Speaker Steve Crisafulli who both identified water as the central issue facing 21st century Floridians, by sponsoring the “statewide water bill”, bringing transformational changes to water supply planning for agricultural, urban and environmental needs.
In the 2017, Caldwell championed a positive overhaul of the vaunted Florida Forever program. If passed, the legislation refocuses the program with a priority for conservation easements and permanent funding totaling roughly $3 billion dollars over 17 years.
Matt and his wife, Yvonne, live in North Fort Myers, where they raise their daughter, Ava. A hometown announcement will be held in the weeks following the close of Florida’s Legislative Session.

Florida on Verge of Building Code Policy Improvements

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Florida Home Builders Association Remarks on Committee Passage of Policy Changes

The Florida Senate Appropriations Committee today passed Senate Bills 1372 and 1312 by Senator Keith Perry, R-Gainesville, both of which which would improve Florida’s ability to strengthen its building code. The Florida Home Builders Association (FHBA) made the following statement:

“Florida is on the verge of a common-sense solution that keeps our state the gold standard for building code safety,” said Jeremy Stewart, president of FHBA. “This policy allows Florida to amend its own already strong, existing state code, rather than starting from scratch with out-of-state code driven by special interests. It means improvements to safety, understanding, compliance, and enforcement of our state’s relevant codes.

“We want to thank Senators Perry and Lee for their leadership on this issue. On behalf of the builders and contractors working with families every day and making commitments to safe structures, we’re grateful for the progress made today, and we look forward to this policy reaching the Governor’s desk.”

Background:

  • Florida upholds the strongest building codes in the nation to help prevent the tragic loss of life the state saw in Andrew’s aftermath.

  • Currently, Florida is required to take up a new edition of its building code “rule book” every three years via the ICC (International Code Council). It takes a year to fully digest all the code changes, requiring marketing planning and building strategy changes. Once those are confirmed, the state moves to an entirely new code. It is difficult for contractors and inspectors to keep up. The vast majority of these changes have little to do with building integrity.

  • The policy passed by the Senate Appropriations Committee today would flip the presumption that Florida must start from scratch every three years, and would allow Florida to simply amend / add onto its own already strong, existing state code.

  • Inefficient code practice is also costly to homeowners. Keeping up with rapidly changing codes, often unnecessary and added by special interests, trickles down to home buyers. For every $1,000 increase in the price of a new affordable home in Florida, the number of households priced out of the market ranges from 21,037 to 22,974 households.

  • With this policy change, some ICC codes would not be in the Florida code, but nothing that would sacrifice safety. What would be axed are things that are unnecessary and only in there for special interest reasons.

For more information, visit http://fhba.com/.

Senate Appropriations Committee Passes Broad-Based Tax Relief Package

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Back-To-School Sales Tax Holiday, Sales Tax Exemption for
Feminine Hygiene Products, Lower Business Rent Tax

The Florida Senate Committee on Appropriations, chaired by Senator Jack Latvala (R-Clearwater) today passed House Bill (HB) 7109, Taxation. The legislation will deliver broad-based tax relief to families and businesses across Florida.
“I am pleased to see a tax package advance to the Senate floor that incorporates several ideas promoted by the Senate throughout the 2017 Legislative Session,” said Senate President Joe Negron (R-Stuart). “This tax relief package continues our commitment to reducing the tax burden facing Florida families and businesses in a broad-based and meaningful way.”
“From tax savings for parents and students preparing for the new school year, to permanent savings for women’s health products, the Senate is advancing legislation that will keep more money in the pockets of the hardworking Florida families who earn it,” said Senator Kelli Stargel (R-Lakeland), Chair of the Senate Committee on Finance and Tax. Chair Stargel sponsored an amendment to HB 7109 to incorporate various components of the 2017 Tax Relief Package.
Establishes the 2017 Back-To-School Sales Tax Holiday
The legislation creates a three-day “back-to-school” sales tax holiday for clothing and footwear costing $60 or less, school supplies costing less than $15, and for the first $750 of the cost of a personal computer.
Creates a Sales Tax Exemption for Feminine Hygiene Products
The bill creates a permanent sales tax exemption for essential hygienic products for women. Currently, Florida law imposes a sales tax on luxury items such as cosmetics and toiletries, while providing tax exemptions for medical products used to prevent or treat illness. HB 7109 makes it clear that feminine hygiene products are not luxury items in the same category as toiletries, but rather a necessity for women’s overall health, hygiene, and well-being. Several states including: Illinois, Maryland, Massachusetts, Pennsylvania, Minnesota, New Jersey, Connecticut, New York, and the District of Columbia currently exempt these items.
Legislation to exempt the sales tax on feminine hygiene products was originally filed as Senate Bill 176 by Senator Kathleen Passidomo (R-Naples), which passed the Committee on Appropriations earlier this session.
“This common sense legislation will result in a tax savings for women all over the state who purchase these necessary products,” said Senator Passidomo. “Through this bill, Florida stands to join a number of states that currently exempt these items.”
Reduces Business Rent Tax
House Bill 7109 permanently lowers the sales tax charged on commercial leases. The state currently levies a six percent tax on the total rent or license fee charged for renting any real property. Residences are exempt from this tax, and Florida is currently the only state in the country to impose this type of tax on businesses. The bill permanently lowers the rate from 6 percent to 5.8 percent.
Earlier this session, the Senate Committee on Finance and Tax passed Senate Bill 378 by Senate President Pro Tempore Anitere Flores (R-Miami, Monroe) to lower the business rent tax.
“Cutting this business tax will help the small, local businesses in your community who lease property,” said President Pro Tempore Flores. “This legislation is a great step towards reducing and hopefully one day eliminating this burdensome tax on business.”

First Lady Ann Scott kicks off 2017 Summer Literacy Adventure in Tallahassee

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First Lady Ann Scott today welcomed more than 30 students from Springwood Elementary School to the Governor’s Mansion for the seventh annual Summer Literacy Adventure kick-off. The Summer Literacy Adventure challenges students to pledge to read as many books as possible over the summer, with the goal of students maintaining and improving upon the skills they gained during the previous school year.
For the seventh consecutive year, First Lady Ann Scott will share her passion for reading with summer camp students during fun-filled events at Florida state parks in June and July.
First Lady Ann Scott said, “It was a pleasure to welcome Springwood Elementary School students and teachers to the Florida Governor’s Mansion today as we kicked off the seventh annual Summer Literacy Adventure! As a mother and grandmother, I believe there is nothing more important than investing time in Florida’s children who will one day become leaders in our communities, state and nation. Literacy is an essential skill to succeed in any career path, and I hope that today’s event inspires these students to be life-long readers.”
The 2017 Summer Literacy Adventure is made possible through a partnership between the Florida Department of Education, the Florida Department of Environmental Protection and the Florida Lottery.
Education Commissioner Pam Stewart said, “We are grateful to First Lady Ann Scott for once again hosting students at the Florida Governor’s Mansion to raise awareness about the importance of reading every day, even when school is not in session. Her participation in the Summer Literacy Adventure has encouraged countless students to love reading as much as she does, and I hope that all of our state’s schools and families will take full advantage of this opportunity to motivate our young readers.”
DEP Secretary Ryan Matthews said, “DEP is proud to continue this important partnership with First Lady Ann Scott, DOE and the Florida Lottery. The Summer Literacy Adventure helps encourage the next generation to explore and learn about Florida’s unique natural environment.”
Florida Lottery Secretary Tom Delacenserie said, “The Florida Lottery is proud to once again join First Lady Ann Scott, the Department of Education and the Department of Environmental Protection in support of the 2017 Summer Literacy Adventure. We encourage Florida’s students to continue their reading this summer, and enjoy a visit to some of Florida’s incredible state parks.”
Research shows that children who do not continue reading through the summer can lose a month or more of progress made during the school year. By encouraging children to read, parents are playing a critical role in achieving Florida’s goal of having every child reading at or above grade level. Children can pledge to make summer reading a real-life adventure HERE.
 
For more information about the Florida Department of Education, visit www.fldoe.org.