Gov. Rick Scott of Florida overreached last month when he issued an executive order stripping a state attorney of her authority to prosecute a man charged with killing his pregnant ex-girlfriend and an Orlando police officer. On Monday, he also removed her from 21 other murder cases.
Mr. Scott’s executive orders appear to be without precedent in Florida. They are meant to punish the state attorney, Aramis D. Ayala, Florida’s first black elected prosecutor, for announcing she would no longer seek the death penalty because it was not in the best interest of her jurisdiction, which stretches from Orlando to Kissimmee.
Ms. Ayala rightly argued that capital punishment does not deter crime, nor does it protect police officers. Instead, it often leads to protracted appeals, and rarely delivers closure to the victim’s family. “Punishment is most effective when it happens consistently and swiftly,” she said. “Neither describe the death penalty in this state.”
In retaliation, Governor Scott reassigned the cases to a prosecutor who will most likely seek executions.
This is not just a dispute over the death penalty. It’s also about the governor’s brazen lack of respect for prosecutorial independence, which is critical to the functioning of the legal system. Not only is it unclear whether the governor has the authority to make these reassignments, but in substituting his judgment for Ms. Ayala’s, he is also sending a dangerous message to prosecutors in Florida that politics will supersede their discretion.
The governor’s action also got ahead of the normal judicial process. Pre-emptively calling the death penalty “justice” wrongly presumes the defendants should be executed without consulting the families of the victims or considering any mitigating evidence about the accused.
Governor Scott must quickly reverse his executive orders. I do not say this lightly. I was appointed to lead the Florida Senate criminal justice committee, a rare privilege for a Democrat in the Republican-controlled legislature. I sponsored legislation, signed into law last month by Governor Scott, to require a unanimous jury vote for the death penalty, after the Florida and United States Supreme Courts last year struck down Florida’s capital punishment system as unconstitutional.
While I may not agree with Ms. Ayala’s decision to reject the death penalty in all cases, I strongly affirm her right to make that choice.
Florida prosecutors, like all prosecutors, have broad discretionary power. That was the central argument in a letter protesting the governor’s overreach, which was signed by more than 150 prosecutors, judges and law professors. “Florida’s entire criminal justice system is premised on the independence of prosecutors,” they wrote. Ms. Ayala “is solely empowered to make prosecutorial decisions for her circuit.”
Although Ms. Ayala’s critics have denounced her actions as dereliction of duty, they cannot point to a single law or statute that she has violated. That’s because she hasn’t. There are no federal or state laws that say prosecutors must seek death sentences. And the United States Supreme Court has banned all state laws that make executions mandatory for murders.
The governor‘s executive order also undercuts the will of the people who last fall elected Ms. Ayala to serve them. Moreover, a poll last year found that nearly two-thirds of Floridians prefer life imprisonment over the imposition of the death penalty. So do people who live in Central Florida, where her district is, 58 percent to 36 percent.
As a black man, I see the death penalty as a powerful symbol of injustice in which race often determines who lives and who dies, especially in Florida. The state has the second-largest number of death row inmates in the country, after California, and African-Americans are grossly overrepresented on Florida’s death row. This disproportionality was a driving force behind my bill. And while I felt that Florida was not ready to relinquish the death penalty, I tried to make it more fair.
Ms. Ayala’s arguments for rejecting the death penalty were compelling and well reasoned; they were drawn from the stark racial disparities in the criminal justice system that she confronts every day. Yet Ms. Ayala has always said that she would hold the guilty accountable, including, if he is convicted, the defendant in the first case from which she was removed, Markeith Loyd.
Understandably, the issue of how to punish people who kill police officers remains highly charged, especially among law enforcement officials. Many believe that the only proper resolution for the death of Lt. Debra Clayton, the Orlando police officer Mr. Loyd is accused of killing, is an eye for an eye. I get that.
But for others, including Stephanie Dixon-Daniels, the mother of Mr. Loyd’s slain ex-girlfriend, who has also experienced a devastating loss, Ms. Ayala’s sentencing choice made sense. The death penalty will continue “to drag us back in court and relive this violent, hideous act,” Ms. Dixon-Daniels said. Instead, she wants closure.
Ms. Ayala demonstrated leadership when she made her decision. “An analysis of the death penalty must be pragmatic,” Ms. Ayala concluded. “It must be realistic and not simply theoretical, impulsive or emotional.”
It’s disappointing that the governor abandoned the same dispassionate examination. It’s not justice Governor Scott is delivering by forcing the death penalty upon us all. It’s vengeance.
Randolph Bracy is the chairman of the Florida Senate criminal justice committee.
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Florida consumer sentiment in March hits pre-recession level
Consumer sentiment among Floridians rose last month to the highest level in 15 years, according to the latest University of Florida consumer survey.
The reading of 99 in March was the highest since March 2002 and the second-highest since November 2000. The 5.2-point increase in March followed a dip in February, which ended the month with a revised reading of 93.8.
All five of the components that make up the index increased.
Perception of one’s personal financial situation now compared with a year ago ticked up four-tenths of a point, from 88.1 to 88.5. Perceptions as to whether now is a good time to buy a major household item such as an appliance rose 3.8 points, from 99.7 to 103.5.
“The increase in these two components shows that current economic conditions improved among Floridians in March,” said Hector H. Sandoval, director of the Economic Analysis Program at UF’s Bureau of Economic and Business Research. “In particular, women and those under age 60 displayed more optimistic perceptions.”
Expectations of personal finances a year from now rose 7.8 points from 99.5 to 107.3. Opinions of anticipated U.S. economic conditions over the next year increased 7.2 points, from 92.0 to 99.2. Similarly, expectations of U.S. economic conditions over the next five years rose 7.2 points, from 89.5 to 96.7.
“Overall, Floridians are far more optimistic in March than the previous month. The gain in March’s index came mainly from consumers’ future expectations about the economy. Importantly, these views are shared by all Floridians, independent of their demographic characteristics and socioeconomic status,” Sandoval said. “These expectations are particularly strong among women and those with an income under $50,000.”
Consumer sentiment at the national level also remained positive in March at 96.9, according to the University of Michigan’s survey of consumers.
In Florida, consumer sentiment may have been lifted by good economic news. The Florida labor market has continued expansion, adding jobs on a monthly basis for more than six years.
The unemployment rate in Florida remained unchanged at 5 percent in February, the most recent figure available. Over the last year, the unemployment rate has remained stable: Between March and December 2016, the unemployment rate was 4.9 percent, and since January the rate has been 5 percent.
According to the U.S. Bureau of Economic Analysis, Florida ranked third of all states in the country in personal income growth, with a growth rate of 4.9 percent in personal income between 2015 and 2016. The main contributor to this change came from net earnings, which includes wages, salaries and supplements but excluding contributions for government social insurance.
Nationwide, economic activity and the labor market has continued to expand and strengthen, and household spending has risen. As a consequence, last month the Federal Open Market Committee decided to raise the federal funds rate to a target range of 0.75 to 1 percent.
“In general, the economic outlook is very positive and the positive sentiment will aid the economy to expand even further,” Sandoval said.
Conducted March 1-30, the UF study reflects the responses of 507 individuals who were reached on cellphones, representing a demographic cross section of Florida.
The index used by UF researchers is benchmarked to 1966, which means a value of 100 represents the same level of confidence for that year. The lowest index possible is a 2, the highest is 150.
Details of this month’s survey can be found at http://www.bebr.ufl.edu/csi-data.
Writer: Colleen Porter, [email protected]
RoadWatch Advisory: I-75 Toledo Blade Ramp Closures in Charlotte and Sarasota Counties
CHARLOTTE/SARASOTA COUNTIES
I-75 from south of Harborview Road (mile marker 167) to Sumter Boulevard (mile marker 182): Construction project: This project widens the road from four to six lanes and adds a 12-foot travel lane and 10-foot shoulder to the inside of existing northbound and southbound I-75.
- Motorists should expect lane closures on I-75 during nighttime/overnight hours from 8 p.m. to 5 a.m. through the duration of the construction.
- Motorists should also expect periodic travel lane shifts through the duration of construction.
- Motorists should expect the inside northbound lane on the bridge over the Peace River closed through the duration of the project.
- Kings Highway on-ramp to I-75 northbound will be closed during nighttime/overnight from 11 p.m. to 5 a.m. on Wednesday, April 5 and Thursday, April 6.
Variable message signs will be in place to alert drivers that work is underway. Drivers should use caution while traveling in this area. Estimated completion is end of 2017. The contractor is Astaldi Construction Corporation.
UNF English Department Presents Annual Shakespeare-in-the-Park Season
The University of North Florida’s Department of English, in collaboration with the City of Atlantic Beach Department of Parks and Recreation and the Church of the Good Shepherd, will present the eighth annual Shakespeare-in-the-Park performance, designed to present authentic, accessible and bold productions of Shakespeare’s plays for contemporary audiences.
Questions about justice, mercy, license and what constitutes government of the self and the state characterize “Measure for Measure,” one of Shakespeare’s late tragicomedies. Directed by Dr. Pam Monteleone, UNF associate professor of English, the cast features University students and members of the Jacksonville community. All productions are free and open to the public.
The production opens 8 p.m. Thursday, April 6, and will repeat 8 p.m. both Friday, April 7, and Saturday April 8, on the UNF Green, in front of the Fine Arts Center, Building 45.
The show will travel to Johansen Park in Atlantic Beach for performances 8 p.m. Friday, April 14, and Saturday, April 15, with a rain date set for 8 p.m. Sunday, April 16. Catering will be available during the Atlantic Beach performances beginning at 7 p.m. Some chairs will be provided; patrons may also bring their own chairs/blankets.
The final performances will take place 7:30 p.m. Thursday, April 27, and Friday, April 28, in Worsham Hall at the Church of the Good Shepherd, 1100 Stockton Street in Jacksonville. Friday’s performance will be followed by a panel discussion on issues raised by the play.
For information about the UNF performances or the Church of the Good Shepherd performances, contact the UNF Department of English at (904) 620-2273. For information about the Atlantic Beach Performances, contact Linda Ginsberg at (904) 246-4061.
Florida PSC Approves Rate Case Settlement for Gulf Power Company
Assured that Gulf Power Company (Gulf or Company) customers will have stable, diverse, and reliable service, the Florida Public Service Commission (PSC) today approved a settlement agreement on the utility’s rate petition. The settlement was signed by Gulf; the Office of Public Counsel, who represents all ratepayers; the Florida Industrial Power Users Group; and Southern Alliance for Clean Energy. No other party to the case objected.
In the settlement, Gulf agreed to a one-time $32.5 million write-down of its ownership costs for Plant Scherer, reducing the expense to be recovered from ratepayers. The plant is jointly owned by Gulf and its sister company, Georgia Power; both utilities are Southern Company subsidiaries. Gulf also agreed to continue a moratorium on financial hedging for natural gas purchases until January 2021.
Gulf had originally requested additional revenues of $106 million and a return on equity of 11 percent. The settlement provides Gulf with recovery of an additional $62 million in revenues and maintains its return on equity at the current 10.25 percent. New customer rates will take effect on July 1, 2017.
A five-year pilot program for electric vehicle charging facilities is allowed in the settlement. Program costs and revenues will be included in Gulf’s quarterly surveillance reports to the PSC, but will not impact customers’ bills.
Gulf filed its petition for a base rate increase with the PSC on October 12, 2016. The PSC held customer service hearings on January 26, 2017 in Pensacola and on January 27, 2017 in Panama City. Gulf currently provides electric service to more than 450,000 retail customers in eight Florida counties.
For additional information, visit www.floridapsc.com.
Follow the PSC on Twitter, @floridapsc.
US 41 at Fruitville Road Public Meeting Scheduled in Sarasota
The Florida Department of Transportation (FDOT), District One, will hold a public information meeting as part of the Project Development and Environment (PD&E) study to evaluate improvements to the intersection at US 41 and Fruitville Road in the City of Sarasota. The meeting will be Tuesday, April 11, 2017 at the SRQ Media Room located in the Annex building of Sarasota City Hall, at 1565 1st Street, Sarasota, Florida, 34236.
The meeting will be an open house format from 5 p.m. to 7 p.m. where people can ask questions and provide comments to FDOT representatives in a one-on-one setting. Persons wishing to submit written statements, in place of or in addition to oral statements, may do so at the meeting or by sending them to Project Manager Joshua Jester by email at [email protected]. All statements postmarked on or before April 21, 2017, will become a part of the public meeting record.
FDOT is sending notices to property owners located within at least 300 feet of the intersection and projected project boundaries FDOT encourages all interested people to attend and express their views regarding the project and information presented.
FDOT solicits public participation without regard to race, color, national origin, age, sex, religion, disability, or family status. People who require special accommodations under the Americans with Disabilities Act or who require translation services (free of charge) should contact FDOT project manager Joshua Jester at 863-519-2251 or by email at [email protected] at least seven days prior to the public meeting.
Dori Saves Lives promotes Florida Road Safety Week
On Thursday, April 6, 2017, the Honorable Irving Slosberg together with families of victims lost in car crashes and students from all over the state, will discuss the road safety bills and, specifically, the distracted driving bills that are moving in the legislature. The following families who lost loved ones will be speaking: Demetrias Branca (Tallahassee), Captain Mike Bellamy (Tallahassee), Stacy Fultz (Tallahassee), Diane Daniels (Tampa) and Gwendolyn Reese (Tallahassee).
Representative Emily Slosberg will join her fellow legislators, the Director of Highway Safety Terry Rhodes, the Secretary of Transportation Rachel Cone, and Pam Bondi Attorney General State of Florida along with GEICO’s Senior Counsel Bonny Gordon in support of protecting our children and keeping our roads safe. The Florida Road Safety Week Proclamation was signed by the Governor declaring April 3rd – 6th Road Safety Week.
Who : The Dori Saves Lives Foundation & the GEICO Philanthropic Foundation
What : Road Safety Week Press Conference
When : Thursday, April 6th 2017 at NOON
Where : Old Capitol steps – Monroe St. side, Tallahassee, FL
The Dori Saves Lives Foundation is pleased to announce the recent opening of their brand-new office in the heart of Tallahassee. This office, located at 214 South Monroe Street, is the first step in the foundations’ new chapter focus on expansion into the Capitol and to the broader state of Florida.
The Dori Saves Lives Foundation has worked tirelessly for more than thirteen years with local and national highway safety organizations, as well as providing educational programs throughout the State of Florida to raise road safety awareness. The Chairman of the Board Irv Slosberg has made it his life’s mission to create a public service organization dedicated to saving lives.
New Supreme Court Justice experienced life through the eyes of a Honduran child
Alan Lawson and his wife Julie both grew up in families that believed in service to others, and so it was only natural for them to volunteer when they learned of a group doing health-related work in Central America called SMART – Surgical & Medical Assistance Relief Teams.
That was how they came to the slums of Honduras in 1999 and met a beautiful 12-year-old child named Denia Osorto Corrales. She had an endless smile, full dark eyes, long black hair – and a damaged heart that soon could put her in the grave.
Denia Corrales
“We just couldn’t walk away from her without at least trying to help,” said Lawson, 55, who will be sworn as Florida’s 86th Supreme Court Justice Wednesday in Tallahassee. “We knew that God put her in our path for a reason.”
Lawson, 55, said he and his wife began their work with Denia on the spot, by securing her medical records. Immediately upon returning to Orlando they arranged to bring her to their home for open-heart surgery at the Arnold Palmer Children’s Hospital. And when complications arose, they arranged for her return for a second surgery and follow-up care. She lived with the Lawson family for almost a year.
When they returned Denia to Honduras, they travelled with a team of family members, church members and other friends who worked together to move the family – seven siblings, parents and grandparents – from a two-room structure in a remote area with no electricity or running water into a home purchased with help from Make-a-Wish Foundation, and others. The team, which included Lawson’s parents, in-laws and children, personally rehabilitated the home on that trip.
The Lawsons have continued to travel annually to Honduras to volunteer there and visit with “the family.” Friends who were on the second trip in 2000 have sponsored Denia’s older brother through medical school at the National University of Honduras. The Lawsons are sponsoring another brother who is studying civil engineering at Honduras’ Catholic University. The goal is to increase the entire family’s self-sufficiency.
“Julie and I found that our lives were so greatly enriched by the presence of the Corrales family,” said Lawson. “Seeing life through their eyes, and seeing their family tragedy turn into a story of hope and promise was the most joyful experience I can recall, other than the birth of our children. We have come to love their family as much as we love our own.”
The Corrales family with Alan and Julie Lawson
Lawson will take the oath of office at the Florida Supreme Court Building on Wednesday, April 5 at 3:00 p.m. At the ceremony, Gov. Rick Scott will present Lawson’s written credentials to Chief Justice Jorge Labarga, signifying the point in time when Lawson formally moves into the judicial branch as the state’s newest Justice.
More than 70 judges from around the state have committed to attend the event and take part in a Judicial Processional – formally entering the courtroom in Tallahassee wearing their black robes after a public introduction by the Supreme Court marshal.
Wednesday’s ceremony is open to the public, although overflow crowds already are expected. The event will be streamed live by the Florida Channel and from the Court’s own Gavel to Gavel video portal located at: http://wfsu.org/gavel2gavel/.
Lawson is a native of Lakeland and grew up in Tallahassee. He and his wife later moved to the Orlando area, where Lawson served as a trial judge. More recently he was chief judge of the Fifth District Court of Appeal in Daytona Beach.
Lawson is the 86th Justice named to the Supreme Court since Florida achieved statehood in 1845.
Jacksonville among nation's solar leaders
Other Florida cities lag behind, but see opportunity for growth
As Florida continues to debate policies critical to the growth of solar power, a new report released today shows that Jacksonville ranks 19th for installed solar capacity.
The report comes as Florida legislators debate a utility proposal that would further wed Floridians to out-of-state dirty energy sources like fracking, while also stalling to swiftly implement pro-solar measures like Amendment 4 that remove solar barriers for businesses.
“By using solar power, Jacksonville is reducing pollution and improving public health for everyday Floridians,” said Jennifer Rubiello, state director of Environment Florida. “To realize these benefits, city leaders should embrace a big vision for solar on rooftops throughout the state.”
The report, Shining Cities: How Smart Local Policies Are Expanding Solar Power in America, ranks Jacksonville ahead of cities like Tampa, Miami, and Orlando for amount of installed solar for the 3rd year in a row. Although Jacksonville ranks in the top 20 cities for solar installed, its rank dropped from 16th last year in terms of total solar installed.
The figures in the report reflect the recent growth of solar across the country. The top 20 cities listed in the report have nearly as much solar today as the entire country had installed in 2010. In 2016, solar was the number one new source of energy installed in America.
The Solar Foundation just released new data showing there are 8,260 people employed in solar in Florida, a 26 percent increase from 2015.
Despite that growth, challenges remain for the solar industry in Florida. While solar power is growing throughout the nation, utility companies are campaigning intensely to maintain barriers to rooftop solar, which they see as a direct threat to their business model.
Cities can push solar forward in a number of ways, according to the report. Among the recommendations, cities can set a goal for solar usage, help residents finance solar power and put solar on government buildings.
The report also shows that while Jacksonville is a solar leader, it currently only uses 1.5 percent of its solar potential, according to data from the US Department of Energy.
“Cities are big energy users with lots of unutilized roof space suitable for solar panels,” said Rubiello from Environment Florida. “Jacksonville can continue leading the way and protect our environment by using as much of our solar potential as possible.”
Environment Florida is a statewide, citizen-based environmental advocacy organization working for a cleaner, greener, healthier future.
FDOT Public Hearing for US 92 from County Line Road to Wabash Avenue in Polk County
The Florida Department of Transportation (FDOT), District One, is holding a public hearing for the US 92 Project Development and Environment (PD&E) study from County Line Road to Wabash Avenue in Polk County.
FDOT is studying the proposed widening of US 92 from two to four lanes to accommodate increased traffic demand generated by projected economic growth in Polk County. Additional right-of-way, or property, is needed to accommodate widening US 92 and for stormwater management ponds. Existing access to properties along US 92 will change due to the addition of a median, a result of widening the road. US 92 currently falls under Access Management Classification 3 from County Line Road to Airport Road/Galloway Road and Access Management Classification 5 from Airport Road/Galloway Road to Wabash Avenue. FDOT proposes to change the existing Access Management Classification from Access Class 3 to Access Class 5 from County Line Road to Airport Road/Galloway Road. These changes are presented in compliance with Section 335.199 Florida Statutes (Transportation projects modifying access to adjacent property). The no-build alternative, where no improvements other than routine maintenance are made to US 92 through 2040, will remain viable throughout the remainder of this study.
The public hearing will be:
Date: Thursday, April 13, 2017
Time: 5 p.m. Open house
6 p.m. Formal presentation and public comment period
Location: The Lakeland Center, Lake Hollingsworth Ballroom
701 W Lime St
Lakeland, FL 33815
Please use Gate 6 to park in the Red Lot behind the Jenkins Arena and inform the gate staff that you are attending the public hearing. The closest building entrance to the hearing is Entrance 2. Project staff will display plans and answer questions about proposed widening alternative for US 92. FDOT solicits public participation without regard to race, color, national origin, age, sex, religion, disability, or family status. The environmental review, consultation, and other actions required by applicable federal environmental laws for this project are being, or have been, carried out by FDOT pursuant to 23 U.S.C. §327 and a Memorandum of Understanding dated December 14, 2016 and executed by the Federal Highway Administration and FDOT.
