As the Legislative session in Florida enters its final month, both chambers have been active passing bills ranging from the controversial Stand Your Ground law to how the state hires university presidents. Here’s a recap of what’s going on in Tallahassee.
Stand Your Ground
The House passed a bill Wednesday that would make Florida the first state in the country to place the burden of proof in “stand your ground'' pretrial hearings on the prosecution rather than the defendant.
The House voted 74-39 after an hour-and-a-half of debate over the expansion of the law that's been a source of contention since it was first enacted in 2005.
Right now defendants are required to prove at a pretrial hearing they were acting in self-defense to avoid a trial on charges they committed an act of violence. The bill would require prosecutors prove at a pretrial hearing that someone wasn't acting in self-defense once a defendant makes the self-defense claim.
The measure goes back to the Senate, which passed it last month, after the House changed language in the bill. The Senate bill originally said prosecutors have to prove “beyond a reasonable doubt'' that a defendant wasn't acting in self-defense. The House changed that language to the lower threshold of presenting “clear and convincing evidence.''
Supporters argued that the bill simply protects the presumption of innocence until proven guilty as provided in the U.S. Constitution.
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But Democrats argued that the original stand your ground bill is already flawed and has led to more violence. They also said self-defense immunity hearings have disproportionately helped white defendants accused of attacking blacks rather than black defendants who have sought immunity after being accused of attacking whites.
“Flipping the burden of proof will only lead to more deaths and violence. It incentivizes individuals to permanently silence the only potential witness against them,'' said Democratic Rep. Bobby DuBose. “Flipping the burden of proof will do nothing more than increase the carnage that this legislation has unleashed on our communities.''
While Democrats said the bill will lead to people getting away with murder, Republicans said that's not the case.
Republican Rep. James Grant said the “clear and convincing evidence'' threshold is much easier for prosecutors to prove.
“If the government cannot beat the lesser easier burden in an immunity trial, then they darn sure can't meet beyond and to the exclusion of each and every reasonable doubt when they ask for a conviction,'' he said. “This bill will make it easier to claim immunity. This bill will not make it any easier to get immunity.''
Republican Sen. Rob Bradley is sponsoring the measure in his chamber. He said he will review the House language before deciding whether to ask the Senate approve it.
While at least 22 states have similar laws that say people can use even deadly force to defend themselves from threats, Florida could be alone shifting the burden to prosecutors. Only four states mention burden of proof in their “stand your ground'' laws - Alabama, Colorado, Georgia and South Carolina and all place the burden on defendants.
Gambling
It's finally time for the Florida Legislature to try to make a deal on gambling.
The Florida House on Wednesday voted 73-40 for a bill that would “freeze'' gambling across the state. The legislation is vastly different from a version approved by the Florida Senate.
Legislators have a month left to reach an agreement amid heavy lobbying effort from those in the gambling industry.
The Senate bill would allow slot machines at dog and horse tracks in eight counties outside of South Florida. It would also allow the Seminole Tribe to offer craps and roulette at its casinos.
The House measure would allow the tribe to keep its slot machines and blackjack tables for 20 years but would not let them offer additional games. The legislation also confines slot machines to tribal-run casinos and tracks in South Florida.
Lake Okeechobee
Top Florida Republicans have taken a big step toward making their plan of building a reservoir south of Lake Okeechobee an easier-to-swallow proposal for its opponents.
A Senate budget committee on Wednesday approved drastic changes to the project, which seeks to divert toxic algae blooms from Lake Okeechobee after the harmful discharges threatened coastal tourism and marine wildlife in South Florida last summer.
Senate President Joe Negron has made this project a top priority during the legislative session. The adjustments to Senate Bill 10 were made after the plan got pushback from the sugar industry, which would have lost more farmland with the initial proposal. Even with these modifications, it remains unclear if the industry is fully on board. U.S. Sugar Corp. said in a statement the project overhaul was “significant progress.''
The revisions mean the project has scaled back in size from the 60,000 acres initially proposed. Although it remains unclear how big the reservoir will end up being, Negron says the system would be deepened by 14 feet.
The goal for water storage south of Lake Okeechobee - the second largest lake in the nation - would still be met despite reducing the amount of farmland needed for the reservoir. This would further the intent to reduce, and ultimately eliminate, the harmful discharges from the lake.
Decreasing the size of the project has garnered Negron support from Democrats who worried about taking agricultural land out of production and as a consequence would put residents in impoverished area communities out a job.
The Everglades Foundation, a nonprofit dedicated to protecting the Everglades ecosystem, said the changes to the bill would have a “positive impact on the restoration'' efforts.
Gov. Rick Scott has not taken a firm stand on the bill, even though last year he promised to push the Legislature to battle the massive algae bloom fouling Florida's precious coastal waters.
The legislation has advanced to the Senate floor for consideration.
Picking School Presidents
Florida legislators are considering whether to keep secret searches for university and college president.
A House panel approved a bill Thursday that would keep confidential the name of anyone applying to become head of a college or university.
The bill sponsored by Rep. Bob Rommel, a Naples Republican, would also keep confidential the names of people applying for other top positions such as dean or provost.
The legislation (HB 351) heads next to the full House. A similar bill has not moved in the Senate.
If the measure becomes law, the names of finalists for top jobs would be made public 21 days before there is a final vote to hire someone.
Rommel and other supporters contend the change is needed because Florida isn't attracting quality candidates for university jobs.
