[Washington, D.C.] Florida led the national conservative charge to strike down President Obama‘s signature Affordable Care Act and lost.

In what will be seen as a landmark decision and a potential presidential campaign game-changer, Thursday morning’s decision by the U.S. Supreme Court (SCOTUS) to uphold most of the health care law no doubt sent shock waves across this great nation.

Conservatives, who were primed for a victory lap, were stunned.

“Today’s decision by the Supreme Court of the United States is simply disappointing,” said Florida Gov. Rick Scott. “The Justices have declared that the central provision of ObamaCare is a judicially mandated tax. A new tax pure and simple.”

“… The entire act should have been held invalid. … This is just another burden the federal government has put on American families and small businesses,” he added.

Surprisingly – or more accurately, tellingly – it was Chief Justice John G. Roberts Jr. who joined SCOTUS’s liberal justices in the majority opinion. Roberts may have finally proved that he is the only conservative on the court who is willing to put the law above politics.

The individual mandate – indeed the most contentious part of the health care law – survived. The only part that was struck down was the provision that allowed the government to withdraw existing Medicaid funding from those states that had decided to not participate in the expansion.

How confident were conservatives that they would win? At 10:10 this morning, Florida’s CFO (FLCFO) Jeff Atwater sent out a press release titled “Statement from Chief Financial Officer Jeff Atwater Regarding the U.S. Supreme Court’s Decision to Strike Down the Health Care Individual Mandate.”

Illustration: DonkeyHotey. Photo: a2gemma

Chief Justice Roberts cast the deciding vote that upheld the health care law

Atwater most likely had the document prepared ahead of the decision – ready to boast that his side had won – as his press release beat some news organizations to my email INBOX. But the FLCFO’s side didn’t.

In fact, it was a brutal blow against practically everything they’ve said for more than two years.

Now Atwater’s words – knowing that they were to be used during the conservative victory dance – are an ode to what could have been.

“Today’s landmark ruling by the Supreme Court upholds two distinctly American principles outlined in our Constitution—individual freedom and limited government,” he said.

“I am proud of the role Florida has played in defending our Constitution, protecting the individual freedoms of the American people and affirming the limited role of government our founders designed,” he continued.

But then he took it all back two minutes later.

According to Atwater Press Secretary Anna A. Alexopoulos, “Initial reports from various media outlets stated the individual mandate was ruled unconstitutional. After reports came out stating otherwise, the statement was retracted.”

Yes, both CNN and FOX eagerly reported that the individual mandate had been struck down, both failing the read the ENTIRE decision first. Conservatives’ high-fiving quickly stopped as both realized their mistake rather quickly and changed the story.

Chaos ensued. Atwater was embarrassed.

Nonetheless, his updated statement focused on the tax issue, a big one for conservatives and one they will ride like Seabiscuit through November 2012.

Illustration: DonkeyHotey. Background photo: Carol M. Highsmith

Drawing conclusions: The Supreme Court of the United States

“I remain deeply troubled, however, that Congress and the Obama administration would use an issue of such importance to the American people to disguise their intentions to add further tax burdens on our fellow citizens,” said an updated Atwater.

“Pushing a tax and spend agenda through dissembling and subterfuge is fundamentally dishonest and should not be tolerated in a free and open society,” he said the second time.

Florida Attorney general (FLAG) Pam Bondi is surely taking this the hardest. She spent and endless amount of taxpayer-funded time and money fighting this thing tooth and nail after taking the reigns from her predecessor Bill McCollum.

“Today we defended Americans’ individual liberty by arguing that the federal government cannot force us to purchase private health insurance from cradle to grave,” Bondi boldly proclaimed in a statement released during oral arguments for the Affordable Care Act.

“The health care act’s individual mandate far exceeds the limited and enumerated powers that the Constitution grants the federal government.”

Oops. Now the FLAG flies at half mast.

Like Atwater, FLAG Bondi had expected the Supreme Court to overturn the health care law – she even planned what was to be a a victory speech sometime between noon-1 p.m. today.

Photo: Lance Turner/latuphoto.com/Sunshine Slate Images. copyright 2012. all rights reserved

Gov. Scott reacts to the health care law ruling: “The entire act should have been held invalid”

Will she admit she was wrong? No. Will she say that the justices were wise? No. She will say that the justices got it wrong, and that the fight will continue.

Florida’s two Senators – one Republican, one Democrat – were unsurprisingly split on the health care law ruling.

“What’s important to remember is that what the Court rules on is whether something is constitutional or not, not whether it’s a good idea,” said U.S. Sen. Marco Rubio (R-FL).

“I hope that in the fall we will have a majority here that will not just repeal this law, but replace it with real solutions that will insure more people and cost a lot less money,” said Rubio, obviously unaware that his party hasn’t offered anything close to an alternative.

The senior Senator from Florida was more matter-of-fact than “I told you so.”

“A lot of us feel the health-care law wasn’t perfect, but it was needed,” said U.S. Sen. Bill Nelson (D-FL). “We passed legislation to prevent insurers from running roughshod over people. And today, the Supreme Court upheld most of these reforms.”

Full text on the U.S. Supreme Court decision on the Affordable Care Act below.

By: Mark Christopher/Sunshine Slate

Lead image: Phil Roeder

Supreme Court Health Care Decision Text

health care law

[Tallahassee, FL] You’ve probably seen their ads on TV. They feature a guy wearing what is quite obviously a cop Halloween costume telling you to call 411-PAIN after an auto accident.

You could be eligible for up to $100,000 if you just call the number, claim the ads. The cop from The Village People was more believable.

“With over 15 years of experience we can direct you towards getting your life back to normal and easing your pain and suffering,” quipped the 411-PAIN website.

“If you are injured an auto accident you may be entitled up to thousands of dollars in personal injury protection benefits and lost wages depending on the facts of your case,” it says (notice the grammatical error before “thousands” indicating a recent change).

Well, Florida Attorney General (FLAG) Pam Bondi has announced that her office has agreed to a pricy settlement with the company medical and lawyer referral service over the ads. This after Bondi filed a lawsuit against the Florida-based company over its business practices.

The company has agreed to change its ways going forward and will pony up a $550,000 “charitable” contribution for breaking a Florida Statute that says that it is unlawful to advertise potential dollar amounts paid out to victims in excess of $10,000.

Oh, and they have to stop using the guy dressed as a cop unless it clearly states in the ad that he is a “Paid Actor.” Apparently, the FLAG was afraid that someone would mistake the gentleman for an actual cop (and not a stripper?) and feel that they were “told” to call 411-PAIN.

“We are protecting consumers by requiring 411-PAIN to change its representation of services and its advertising practices,” stated Bondi.

So who gets the $550,000? Half of that penalty will go to the Broward Health Foundation and the other half will go to the Joe DiMaggio Children’s Hospital to aid in covering the costs of indigent trauma patients.

NOTE: Pictures of the cop-actor guy were still available (seen above) on the 411PAIN.com website in the photo gallery.

By: Adam Rousso/Sunshine Slate

Images: 411-PAIN

411-PAIN

[Tallahassee, FL] Today is Memorial Day. But what does it mean beyond “support the troops” and “remember those who died fighting for our freedom”?

Memorial Day – a federal holiday – got its start after the American Civil War. It was originally called Decoration Day and was intended to commemorate the fallen Union soldiers of the Civil War. The graves of Confederate soldiers were also decorated.

By the 20th century, Memorial Day had grown to become an all-encompassing holiday to honor and remember the men and women who died while serving their country in the United States Armed Forces. Many people visit cemeteries and attend memorials at national cemeteries.

Memorial Day also typically marks the start of the summer vacation season, with Labor Day marking the end.

Our leaders release official statements in observance of the holiday. While this ritual can seem a bit canned and even viewed as using the office as a platform for political gain, we’ll give our elected officials the benefit of the doubt.

Here is what they had to say:

VIDEO MESSAGE FROM PRESIDENT OBAMA:

Gov. Rick Scott

“This weekend Floridians throughout our state will remember the men and women of the United States Armed Forces who have lost their lives while serving our country throughout our nation’s history.

As we come together with family and friends to honor our fallen military and veterans, let us also bring to mind the tremendous sacrifice they have made for our benefit.

Those who serve in the Armed Forces risk their lives to preserve our national independence and the unmatched freedom we enjoy as United States citizens. Our military defends our own democracy, as well as assists emerging democratic societies around the globe.

These opportunities for freedom are made possible only through the selfless sacrifice of our military.

To those currently serving in the Armed Forces and the Florida National Guard, Lt. Governor Jennifer Carroll, Ann and I want to express our appreciation for your bravery and willingness to spend time away from your family and loved ones.

Know that we are praying for your safety and for your families here at home to receive the strength and support they need.”

Photo: eddiecoyote

Florida Attorney General Pam Bondi

“As we spend this Memorial Day weekend enjoying time with family and friends, let us not forget that Memorial Day is about remembering and honoring the courageous men and women who sacrificed their lives so that we could enjoy our freedom.

While we enjoy this long holiday weekend, join me in taking time to remember those who dedicated their lives to military service and who died to keep our nation the greatest in the world.

If you see a man or woman in uniform, be sure to thank them for all that they do to protect us and our liberty.”

U.S. Sen. Marco Rubio

“With American service members currently deployed all over the world,  it is important that we take the time both as a nation and personally, to reflect on the sacrifices that our military men and women make on a regular basis, and have been making since our founding.

America has been blessed with many riches, vast lands and precious resources, but our greatest blessing has been the bravery of our men and women who have served in uniform and defended the freedoms we hold dear.

Our country is truly a safer, stronger and more prosperous nation because of their sacrifices. And the world is a safer place because of them.”

Photo: U.S. Army Alaska

CFO Jeff Atwater

“Memorial Day, unfortunately, has become more about retail and parties than understanding the importance of remembrance and the solemn celebration it should be in our lives.

We may not think about the Civil War when we think about Memorial Day, although it would make perfect sense to do so.

The history of Memorial Day and how we honor our fallen heroes is rooted in a day from the Civil War called Decoration Day. In the late 1860s, northern Civil War veterans led by Gen. John A. Logan called for a day of remembrance:

‘The 30th of May is designated for the purpose … decorating the graves of comrades who died in defense of their country … and whose bodies now lie in almost every city, village and hamlet churchyard in the land …’

As you come together with family and friends, remember those who gave their lives throughout our history so that we can enjoy the freedoms we have today. Remember the families missing a mother, father, sister, brother or friend, and wave your flag for them.

Decorate your home in the colors of our flag, and keep our fallen heroes and their families in your thoughts and prayers so the ideals and principles that America’s soldiers fight and die for are never forgotten.”

By: Adam Rousso/Sunshine Slate

Lead image: Just Add Light

Memorial Day

[Manatee County, FL] Another violent SUR-13 gang member is off the streets for good.

On Monday, Daniel “Boom” Robledo, 26, was sentenced to life in prison for the second-degree murder of Elvis Ruiz, 27, during a street fight in which Robledo was the aggressor. Ruiz, who wasn’t packing any heat, was fatally shot in the chest with a shotgun by Robledo.

Both men were from Manatee County.

“This man is the fourth SUR-13 gang member sentenced to prison in recent months. He deserves to spend his life behind bars,” stated Florida Attorney General (FLAG) Pam Bondi.

Robledo is the latest member of the SUR-13 gang to be convicted, sentenced and bussed off to prison. Just last month, three Palm Beach County members of the gang were handed down prison terms totaling 150 years.

According to the FLAG office, that Palm Beach County crew has been terrorizing the area for years with crimes ranging from multiple homicides, armed robberies, a drive-by shooting, aggravated battery, retaliatory arson and multiple theft and drug-related charges.

So far, 14 gang members there have been charged there with crimes, including the three who have already been convicted.

And the state is not done with Robledo – he is charged with three counts of armed Robbery and racketeering and will be tried on those charges in November.

Nationally, the SUR-13 gang – collectively known as “Sureños” (Southerner in Spanish) – has Mexican-American roots and its origins can be traced back to the oldest barrios of Southern California.

SUR-13 has made frequent headlines and is routinely a problem for authorities across the nation, but especially in California and on the East Coast in areas such as Baltimore.

It is believed that “SUR” stands for “Southern United Raza.” The number 13 represents the 13th letter of the alphabet, which is “M,” which pays homage to their original name, Mexican Mafia (also known as “La Eme”).

By: Mark Christopher/Sunshine Slate

Images: Manatee County SO (mug), Daquella manera (graffiti)

SUR-13

[Tallahassee, FL] Gov. Rick Scott signed several bills on Friday, one of which – the so-called school prayer bill – opens up the state and local municipalities to court challenges going forward.

That bill – SB 98 – is certainly the most controversial of the bunch, as it would allow student prayer at mandatory school events, prompting several groups opposed to the law to warn school districts against implementing it.

The measure signed by Scott would pave the way for local districts to approve policies allowing students to decide whether to have another student deliver an “inspirational message” at school events. Scott signed the bill without comment.

Supporters say the measure would simply reaffirm the right of Florida students under the First Amendment to proclaim their religious beliefs without fear of being restricted by government.

They said the country was in danger of becoming un-moored from the religious traditions that guide the nation.

“When we took school prayer … out of school, it’s clearly documented that school discipline – disciplinary cases went up, that we had a lot more school vandalism, that we had a lot more disrespect for schools, including the physical plant as well as school personnel, teachers and principals,” Rep. Charles Van Zant (R-21/Keystone Heights), the House sponsor of the bill, said during a committee hearing in February.

But opponents of the bill said it would lead to potentially offensive messages and could ensnare school districts in costly lawsuits.

While supporters are largely viewed as trying to open up a channel for student prayer, both sides in the debate agree it could also allow messages that include Holocaust denial, racially-charged speeches, uncomfortable beliefs of some fringe religions or endorsements of sex and drugs, among many other topics.

Photo: FL House

Rep. Charles Van Zant sponsored the school prayer bill

On Friday, the ACLU of Florida, the Anti-Defamation League and Americans United for the Separation of Church and State each separately issued warnings to local school districts that going ahead with an inspirational message policy could subject them to costly legal challenges.

Sunshine Slate recently reported on a plea by three leaders of American United – all three of them clergymen, by the way – asking for Scott not to sign the bill.

“Legislators are clearly inviting Florida school boards to plunge into a legal swamp,” said the Rev. Barry Lynn, executive director of Americans United. “It’s wrong to subject students to coercive prayer and proselytizing. Our public schools should respect diversity, not undermine it.”

School Voucher Bill Signed, As Well As Voyeurism Measure, Others

A measure that would raise the cap on the state’s school voucher system, funded by tax credits to corporations who contribute to scholarship funds, was approved Friday by Gov. Scott.

The bill (HB 859) would increase the amount of credits available for the 2012-13 school year to $229 million, up more than $50 million for the current school year and more than $10 million over a scheduled increase to just under $219 million.

The measure also loosens restrictions on which students can take advantage of the program,  getting rid of the requirement that students in second through fifth grade have to have attended a public school the year before they accept a scholarship.

Also freshly inked: A bill that would increase penalties for video voyeurism against a minor, making it a second degree felony instead of a third degree felony and requiring those convicted of it to register as six offenders.

Photo: FL House

In addition to the school prayer measure, Rep. Eric Eisnaugle’s child porn bill was signed

The bill (HB 437) by Rep. Eric Eisnaugle (R-40/Orlando) also would allow prosecutors to charge defendants in child pornography cases with a separate crime for each victim in a photo or video, instead of with just one crime per file.

The governor also signed a bill (HB 667), which would allow people who kill someone in a crash while fleeing police to be charged with first or second degree murder instead of third degree murder.

The measure was inspired by the death of Hernando County Deputy John Mecklenburg, a 35-year-old father of two, who was killed in a crash while pursuing a fleeing suspect.

Scott also signed legislation (SB 198) that expands the number of provider companies that can participate in the retirement program for university professors and administrators. Currently there are five firms allowed to participate in the retirement program, and 80% of the management of the program’s roughly $200 million under investment is managed by just one firm, TIAA-CREF.

Scott also put his John Hancock on bills protecting the identity of people who donate to performing arts centers (SB 570), a public records exemption for biomedical research peer review materials (SB 1856) and a public records exemption for donors to the Old Capitol museum (SB 374).

And for you synthetic drug users and sellers: A bill increasing the number of variations of synthetic drugs that are illegal was also signed into law Friday by Scott. The measure (HB 1175) was needed, backers said, because drug dealers change the chemical compounds of drugs once certain chemicals are outlawed.

“This law bans dangerous new synthetic drugs and will clear Florida’s store shelves of substances that are harming young people,” stated Attorney General Pam Bondi. “We will continue to crack down on drug makers who are attempting to skirt state law and endangering lives. I applaud Governor Scott for signing this vital public safety bill into law.”

By: Brandon Larrabee/The News Service of Florida

Lead image: Governor Scott and First Lady Ann Scott visit with children at the Florida State Fair in Tampa (photo: Gov.’s Office)

school prayer

[Sanford, FL] Tiny Sanford continues to be in the national spotlight following last month’s shooting of unarmed black teen Trayvon Martin and the subsequent non-arrest of his assailant by the city police. And all of the attention being paid to Sanford – the county seat of Orange County neighbor Seminole County – is bad.

But maybe ultimately it will do some good.

The latest in this ever-developing saga is that not one, but two major local figures have removed themselves to allow others to handle the emotionally charged Trayvon Martin investigation.

And now, Gov. Rick Scott has injected himself into the fray by meeting with Martin’s family, appointing a special prosecutor and forming a task force. Earlier this week, Black lawmakers had called on Scott to appoint a special prosecutor to handle the case.

In a news release, Scott said the Task Force on Citizen Safety and Protection will “thoroughly review Florida’s ‘stand your ground’ law and any other laws, rules, regulations or programs that relate to public safety and citizen protection.”

But to the outraged electorate that feels that all of this should have happened before the national outrage, it does little to tamp down on the anger and continued mistrust of the police by the state’s black population, and specifically its black males. Not to mention the historically documented racial tension that continues to simmer in Sanford.

Night after night, hours and hours of television are presented with hosts and “expert” guests talking about the particulars of this case, Florida’s “stand your ground” law and the localized racism obvious to everyone who’s even barely been informed about the handling of this debacle.

Even the Sanford City Council has voiced its displeasure: on Wednesday, they came down 3-2 on Sanford Police Chief Bill Lee with a vote of “no confidence.”

Photo: SA18 Office

Norm Wolfinger shown at right

A Sheep In Wolf’s Clothing

On Thursday, Seminole County State Attorney Norman R. Wolfinger recused himself from the case, sending a letter to Scott requesting that another prosecutor be assigned.

“In the interest of the public safety of the citizens of Seminole County and to avoid even the appearance of a conflict of interest, I would respectfully request the executive assignment of another state attorney for the investigation and any prosecution arising from the circumstances surrounding the death of Trayvon B. Martin,” Wolfinger said in a statement.

“This request is being made in light of the public good with the intent of toning down the rhetoric and preserving the integrity of this investigation.”

During a meeting, Gov. Scott promised Trayvon Martin’s family that the state attorney – who initially declined to press charges against shooter George Zimmerman – would step aside. And now he is.

In an executive order, Scott said Jacksonville-area State Attorney Angela Corey has accepted an assignment to handle the case. Corey, whose office handles prosecutions in Duval, Clay and Nassau counties, was elected state attorney in 2008. A Republican, she was a long-time prosecutor before getting elected state attorney.

Wolfinger said in his statement Thursday that he said he was confident in the ability of his office to “conduct a fair and impartial investigation.”

“I have already committed experienced career prosecutors and investigators to this task who have been working diligently,” said Wolfinger, who has scheduled a grand jury look into the matter on April 10. “We will cooperate fully with the appointed state attorney to assure a smooth transition of the investigation.”

Photo: Sanford PD

Sanford Police Chief Bill Lee has stepped down during the Trayvon Martin investigation

Sanford Police Chief Steps Down … Temporarily

The Wolfinger announcement followed the morning reveal by Sanford Police Chief Bill Lee that he was “temporarily” stepping down from his post until the Trayvon Martin thing is settled. Lee has been on the job less than a year. It is a good bet that we won’t see him back – at least not in Sanford.

“I am keenly aware of the emotions associated with this tragic death of a child,” said Lee, as reported by WESH. “I am also aware that my role as the leader of this agency has become a distraction from the investigation.”

Lee said that while he stands by the Sanford Police Department, “it is apparent that my involvement is overshadowing the process. Therefore I have come to the decision that I must temporarily remove myself from the position as the police chief of the city of Sanford.”

Now, there’s a new sheriff – I mean police chief – in town. But the appointment – albeit temporarily – of Sanford Police Chief Capt. Scott O’Connor to be the interim chief will probably do little to appease locals, whose confidence in the Sanford Police to play fair is currently in question.

“I do this in hopes of restoring some semblance of calm to the city, which has been in turmoil for several weeks,” added Lee of his chess move right off the board.

Lee has been at the center of most of the criticisms in this case for his department’s failure to arrest Zimmerman after the incident, letting him go simply based on his word that it was self defense. This despite Zimmerman failing to follow the police’s advice to let them handle the situation and to stay in his car.

Then there’s this little gem: Since giving his statement to police, investigation has shown that Zimmerman may have used a racial slur (“coon”) while on the phone with 911, as reported by Sunshine Slate.

Chief Lee no doubt hasn’t relished him time in the media and under the national microscope. On Friday, WESH reported that a Melbourne Beach man was arrested and charged for making death threats against Lee.

Photo: FL Senate

FLAG Pam Bondi (right) will help form task force

“Stand Your Ground” Law Gets Task Force

On Thursday, Gov. Scott formed a task force that will review the state’s controversial “stand your ground” law in the wake of the Trayvon Martin shooting.

The Task Force on Citizen Safety and Protection will start meeting after Corey’s investigation into Martin’s death, hold hearings and ultimately make recommendations to Scott and the Legislature.

“As we exercise our right to be free and secure both in public and in the privacy of our own homes, it is important that we have an open and honest discussion on these issues so that we might help avoid such tragedies in the future,” Scott said.

Scott said legislative leaders and Florida Attorney General (FLAG) Pam Bondi will recommend other members.

The stand-your-ground law has drawn heavy criticism since Martin, 17, was killed as he walked to the home of his father’s girlfriend home in a gated community. Lawmakers passed the self-defense law in 2005, allowing people to stand their ground and shoot – instead of retreat – if they think they are in danger.

The Trayvon Martin case has spurred criticism of the law – and its application in this case – across the country.

State Sen. Gary Siplin (D-19/Orlando) had called Wednesday for a special prosecutor and issued a statement Thursday night praising Scott’s decision to appoint Corey and the task force.

“I am pleased Gov. Scott had the wisdom and foresight to listen to the pleas of the thousands of citizens in the city of Sanford who are yearning for justice in the killing of Trayvon Martin,” Siplin said.

By: Mark Christopher/Sunshine Slate. Additional reporting by Jim Saunders/The News Service of Florida

Lead image: Trayvon Martin family

Trayvon Martin

[Tallahassee, FL] The battle rages on in Tallahassee during a special session designed to meet the criteria set forth by the state’s highest court and voter-passed amendments.

Racial and even moral conflicts entered the already-contentious redistricting process Wednesday as a key Florida Senate committee sent a proposed map to the floor despite Hispanic and conservative Christian disagreements with some elements of the plan.

The maps passed the Senate Reapportionment Committee on a day that at times veered between the unusual and the surreal.

District numbers for the upper chamber’s new redistricting plan – necessary because the Florida Supreme Court threw out the maps – were selected in part by a raffle-style drawing. That prompted one Senate Republican to accuse the panel of breaking the state’s gambling laws.

And the racial politics of Miami-Dade County, which had been relatively muted throughout the redistricting process, have begun to boil over in a battle over whether to create a fourth majority-Hispanic district in the county.

The most unique flare-up of the day came when senators essentially raffled off odd and even seats. Because of the way the state’s term limit laws work, an odd or even seat can mean the difference between a lawmaker serving an eight-year term or getting an extra two years.

Photo: FL Senate

Sen. Gary Siplin raises an issue during a recent committee hearing

The original Senate map gave almost every incumbent in the chamber an opportunity to serve as long as 10 years, one of several aspects of the plan that the Florida Supreme Court said violated the anti-gerrymandering Fair Districts amendments approved by voters in a 2010 referendum.

But the raffle upset some lawmakers who are opposed to gambling and said the new system sent the wrong message.

“I believe that there are people all across the state of Florida that will be very, very deeply offended by the Florida Senate casting lots to make a decision,” said Sen. Ronda Storms (R-10/Valrico).

Storms later called a point of order and asked for an opinion by Attorney General Pam Bondi during the raffle, saying Senate staff might be committing a misdemeanor by running the operation. Senate Reapportionment Chairman Don Gaetz (R-4/Niceville), rejected the point but said Storms was free to ask for an opinion from Bondi.

“This isn’t a lottery,” he told reporters. “This is the minority leader and the majority leader advising me as to what they believe ought to be put in the amendment that describes the assignment of senatorial district numbers.”

Storms said she would file an amendment to reorder the districts and make sure incumbents serve no longer than eight years – though she admitted the measure was likely to fail. The current way, she said, would damage the institution over the long term.

Photo: FL Senate

Sen. Evers (L) and Sen. Diaz de la Portilla (R) exchange ideas during 2011 session

“Even though these particular 40 Senators are serving, I think that we have diminished the decorum and the stature of the state of Florida by twirling balls around in a basket and having the secretary of the Senate call out numbers,” Storms said.

Meanwhile, Sen. Miguel Diaz de la Portilla (R-36/Miami) said he would take his fight to create a fourth majority-Hispanic seat in Miami-Dade County to the Senate floor. Diaz de la Portilla would turn the district represented by Sen. Gwen Margolis (D-35/North Miami Beach) into one where non-black Hispanics would comprise 66.2% of the voting-age population.

But he brushed aside claims that the effort was meant to help his brother, Alex Diaz de la Portilla, who has filed to run for Margolis’ seat.

“Whoever wants to run for that district, that potential fourth Hispanic seat, will have to run and compete with a number of other people, because it will be an open seat,” Miguel Diaz de la Portilla said.

Margolis, in a debate with Diaz de la Portilla in front of reporters, dismissed those claims and said Diaz de la Portilla’s amendment could lock whites out of the county’s delegation.

“This amendment, if it makes a fourth seat in Dade County a protected seat, disenfranchises every Anglo,” said Margolis, who is white. “There will never be an Anglo member of the Florida Senate from Dade County if this amendment passes.”

Photo: FL Senate

Sen. Nan H. Rich presents during session in honor of FSU Day at the Capitol

Diaz de la Portilla portrayed Margolis as an incumbent attempting to cling to power and said deciding not to create the fourth district could open the map up to a challenge under the federal Voting Rights Act.

“You have incumbency protection on the one hand versus enfranchising language minorities on the other,” he said.

The map ultimately passed on a 21-6 vote, with Margolis and three other Democrats joining every Republican in approving the plan. In a separate vote, five Republicans and one Democrat, Sen. Gary Siplin (D-19/Orlando), opposed renumbering the districts through the raffle.

Democrats who opposed the overall plan said it didn’t go far enough to address justices’ concerns about eight districts, the numbering system and the division of the city of Lakeland.

“We have fixed a few things,” said Senate Minority Leader Nan Rich (D-34/Weston). “But I think the map simply does not fix a number of the things that the court suggested to us that needed to be corrected.”

Republicans, though, said the map was a success despite the arduous process.

“This is as good a product as you can possibly get,” said Sen. Nancy Detert (R-23/Venice).

By: Brandon Larrabee/The News Service of Florida

Lead image: Former Senate president, Democratic Senator Gwen Margolis during a 2011 Senate committee hearing (photo: FL Senate)

redistricting

[Washington, D.C.] When the U.S. Supreme Court hears arguments this month in a Florida-led challenge to the 2010 federal health law, the most closely watched issue will be whether the so-called “individual mandate” should be upheld.

But attorneys for Florida and other opponents filed a brief this week arguing that the entire law should be rejected if the individual mandate – a requirement that most Americans have health coverage in 2014 – is found unconstitutional.

The brief centers on the legal concept of severability, which involves whether parts of a law can go into effect when others are rejected. The 2010 law includes wide-ranging issues, such as expanding Medicaid and making health-insurance changes.

The brief, filed Tuesday, argues that the mandate is the linchpin of the law.

“The individual mandate is not some stand-alone ‘reform’ that can be excised while leaving the balance of the (law) intact,” the brief says.

But Obama administration attorneys argue that other parts of the law can move forward independently if the mandate is found unconstitutional. That also was the position of the 11th U.S. Circuit Court of Appeals, which last year ruled against the mandate – but not the rest of the law.

The Supreme Court will hold its landmark arguments March 26 through March 28.

Photo: Gov.'s Office

Governor Scott meets with local Tallahassee leadership

The state’s two most powerful politicians – Gov. Rick Scott and Florida Attorney General (FLAG) Pam Bondi, both Republicans – have been very vocal about the state’s challenge that is leading a national effort by a group of states attorneys to overturn the 2010 law.

“Throughout this case, we have urged swift judicial resolution because of the unprecedented threat that the individual mandate poses to the liberty of Americans simply because they live in this country,” said Bondi in a previous report by Sunshine Slate.

“We look forward to presenting oral argument and defending our position that the individual mandate is unconstitutional, that the entire law fails if one part fails, that the Anti-Injunction Act does not apply, and that Medicaid’s expansion is unlawfully coercive,” said Bondi

Not to be outdone, Gov. Scott also made his feelings quite clear on the matter back in November.

“I look forward to the day we can move past this big government mandate and begin making the meaningful, and constitutional, changes that are necessary to improve our health care system,” he said.

He also threw the FLAG – and the former FLAG – a few props.

“I applaud Attorney General Pam Bondi for leading the effort to protect Floridians’ freedom to make their own healthcare choices and I am also grateful that former Attorney General Bill McCollum had the foresight to initiate this lawsuit,” Scott said.

By: The News Service of Florida. Additional reporting by Mark Christopher/Sunshine Slate

Lead image: FLAG Pam Bondi and Sen. Benacquisto (photo: FL Senate)

individual mandate

[Tallahassee, FL] Efforts to crack down on Florida’s pill mills have already shown results, Gov. Rick Scott and other state officials said Wednesday.

When Scott took office in January 2011, seven Floridians a day were dying of prescription-drug overdoses, and people from other states came here to make their buys.

Now, according to the 2011 Interim Drugs Identified in Deceased Persons Report, the number of prescription-drug deaths has fallen nearly 8% compared to the same period in 2010.

And since their creation a year ago, Florida’s Drug Enforcement Strike Force Teams have made 2,150 arrests and seized nearly half a million pills, 391 weapons and $4.7 million, said Florida Department of Law Enforcement (FDLE) Commissioner Gerald Bailey.

“We’ve gone from being known as the ‘Oxy Express’ to being a role model for our sister states,” Bailey said.

As a result of law enforcement efforts and a new state law, which went into effect on July 1, oxycodone purchases by Florida doctors have dropped 97% from 2010 to 2011, officials said.

In 2010, Florida was home to 90 of the nation’s top 100 oxycodone-buying doctors and 53 of its top 100 oxycodone-buying pharmacies. But over the last year, the number of such doctors has been reduced by 85%, to 13%, and the number of pharmacies has dropped 64%, to 19%; the number of pain clinics has dropped from 800 to 508 statewide.

Gov. Scott & FLAG Pam Bondi press conference

What’s more, the U.S. Drug Enforcement Administration (DEA) reported in January that 21 doctors in Georgia and 11 in Tennessee are now among the nation’s top 100.

Bailey, Scott, Florida Attorney General (FLAG) Pam Bondi, Interim Surgeon General Steven Harris and other officials touted the success of the state’s efforts Wednesday. Bondi, who worked with her counterpart in Kentucky, Attorney General Jack Conway, recalled a trip there to meet with Conway and anti-drug advocates.

“I had to hug a mother who lost her daughter two years ago to prescription drugs, and those drugs were bought here in Florida,” Bondi said. “So hopefully, that’s going to stop.”

The new law restricts doctors from prescribing the type of opiate drugs that are often abused, leading to overdoses and deaths, said Harris, interim head of the state Department of Health (DOH).

Among those arrested by the strike forces were 34 doctors, and DOH is reviewing the emergency suspension order used when licensed medical practitioners pose a threat to the public safety.

The amount of time it takes for a suspension to occur has been reduced from an average of more than five months to 30 days or less in half the cases, Harris said.

Florida law enforcement officers, meanwhile, are breathing sighs of relief as the allure of the state’s pill mills abates – and with it, a powerful magnet for related crimes.

Photo: Winter Park Police Dept.

Winter Park Police Chief Brett Railey

Compared to last year, said Winter Park Police Chief Brett Railey, the number of drug offenses in Central Florida has plummeted.

“Over 650 arrests have been made, numerous illicit pain management clinics have been closed, and dozens of unethical medical professionals have been stopped from doing business in our region.”

Railey said an important tool has been the availability of strike force funding, without which many of the cases would have gone unaddressed. The statewide strike force, under the coordination of FDLE, works with seven regional teams, each led by a police chief and sheriff.

But law enforcement officials warned that much work remains – and that criminals will find new ways to dispense their wares.

Sales are already migrating to online locations.

“We will not be able to restore our state’s good name overnight,” said Steve Casey, executive director of the Florida Sheriffs Association, “but we are making progress.”

By: Margie Menzel/The News Service of Florida

Lead image: Gov.’s Office

pill mills

[Tallahassee, FL] Florida has launched a new website aimed at educating and informing seniors about a variety of consumer-related topics related to finance and insurance. It’s called On Guard for Seniors.

While no doubt helpful to some, On Guard for Seniors also serves as a “look what we’ve done” promotional tool for the state’s Republican administration eager to bolster relations with an uneasy electorate generally unhappy with the direction Gov. Rick Scott and the GOP-dominated Legislature has taken, according to polling.

The site contains success stories – well, two success stories, anyway – from seniors who have been well served by the Department of Financial Services (DFS). They are quick to point out that last year, the DFS’s Division of Consumer Services helped Floridians recover more than $22 million.

Sunshine Slate has asked for a breakdown of that $22 million.

“Through my years in the financial community and as an elected representative, I’ve learned that more often than not it is our seniors who are most vulnerable to financial fraud,” said Florida’s Chief Financial Officer (CFO) Jeff Atwater, who unveiled the On Guard website yesterday, in the midst of Consumer Protection Week, which ends Saturday.

What, only one week?

“Seniors are inundated with offers of financial stability while being exposed to fraud artists targeting their life savings. The result — financial decisions become overwhelming,” he said.

Screen shot from an On Guard for Seniors video

And boy, does Florida have a lot of seniors. We currently rank first when it comes to the percentage of population that is over 60 years of age. The Sunshine State is also home to more than 1.7 million seniors over the age of 75. And the fastest-growing age group in Florida? Seniors age 85 and older.

Those figures are courtesy of the Florida Department of Elder Affairs.

“Many seniors are concerned about making their savings last, which makes them prone to fraudulent or misleading sales pitches,” CFO Atwater said. “Together we can all help ensure our seniors have the tools and resources to make informed financial decisions that best suit their needs both today and for the future.”

The On Guard for Seniors website includes explanations and educational videos about such topics as annuities, reverse mortgages, long-term care insurance and identity theft.

Florida Attorney General Pam Bondi also had a word of caution for consumers this week. Her website has a detailed list of consumer protection tips here.

“Consumers should always research businesses and educate themselves prior to making any transaction,” stated Bondi. “If anyone suspects fraudulent or deceptive practices, I encourage them to contact my office.”

You can email Bondi using this form or call the Fraud Hotline at 1-866-966-7226. The National Consumer Protection Week website also has helpful consumer advice as well. Visit that site here.
By: Mark Christopher/Sunshine Slate

Image: On Guard for Seniors website

On Guard for Seniors

[Tallahassee, FL] Now that she’s back in the Sunshine State, Florida Attorney General (FLAG) Pam Bondi is talking up her trip to Washington, D.C., where she testified during a U.S. House of Representatives subcommittee hearing entitled “Prescription Drug Diversion: Combating the Scourge.”

During the hearing, which took place on Thursday, Bondi told the subcommittee that seven Floridians die each day from prescription drug abuse. She also discussed what Florida has done to address the problem.

Bondi listed comprehensive legislation, law enforcement operations and prevention strategies as effective weapons in the battle against Florida’s “pill mill” and “doctor shopping” problem.

The results are striking: in 2010, 98 of the top 100 doctors responsible for the largest amounts of oxycodone prescriptions were based in Florida. That number is now down to 13 out of 100, a dramatic swing.

The drop in the number of pain management clinics has also dwindled down from 900 to less than 580, says Bondi. Pain management clinics were dubbed “pill mills” for their volume and frequency of illegal pain pill prescriptions.

“I have made ridding our state of this horrific epidemic my top priority,” Bondi re-iterated in her Weekly Briefing, distributed March 2.

Photo: FLAG

FLAG Bondi speaking at the Anti-Pill Mill Bill signing

Some Are Having A Difficult Time Getting The Medication They Need

But has the state gone too far in its efforts to combat a very real problem? Has the state created very real problems for others in Florida who need legitimate pain therapies?

Some patients have said since the laws took effect July 1, their options have dwindled and their needed medications are much harder to get.

The new rules – which require doctors looking to prescribe and deliver pain medication to register with the state and change their status – have become too burdensome and off-putting for many doctors, especially for those who run smaller practices in rural areas.

That has left some patients without access to needed pain meds, or at best, made getting those medications extremely difficult and time-consuming. Meanwhile, the pain isn’t going away.

“If we can’t get our prescriptions, we would end up in the hospital,” Mary Lou Lyles told WJHG in a report about the negative side effects of the new law.

Lyles lives with her husband in Defuniak Springs. She suffers from a host of ailments, including depression, anxiety disorder and PTSD, according to the report. After the law went into effect, their doctor decided to get out of the pain medication business, leaving the Lyles scrounging for a new physician.

Doctors that have spent their whole lives helping to heal the sick are suddenly unable to do so.

Photo: DEA

The sign from this 2011 exhibit presentation in Tampa says it all

“We decided not to go along as a pain clinic,” said Dr. Marianna Post of Niceville Clinic, as reported by WJHG. “Generally, it was kind of very vague what we need to do as a pain clinic, what would be the rules.”

Under the new law, doctors such as Dr. Post who wish to continue to prescribe pain medicines such as oxycodone would have to label themselves something that they are not.

“Why would I need to register for a pain clinic if I’m not a pain specialist?,” asks Dr. Post, who is now only legally allowed to prescribe narcotic pain relievers to cancer patients or those who suffer from rheumatoid arthritis. “It’s been very frustrating because I need to tell those patients, I’m sorry I can’t help.”

Mary Lou and others just like her feel that while the law – some law – was needed, the “pill mill” law currently on the books needs to be tweaked to accommodate real life pain sufferers who aren’t using these medications recreationally.

“The people that put this law into place, they might have had good intentions but they did not look into the whole picture. There are other people that take medications that are controlled substances that need them in order to survive and do well in this world,” said Lyles, as reported by WJHG.

Photo: FL House

Babies Born Addicted Affected By New Law

With the shutdown of so many clinics, some of the state’s drug addicts are having a hard time getting the medicine they need. That’s what the law was supposed to do you say? Keep those little pill poppers from getting their hands on the good stuff, right?

These aren’t your average addicts – these are mothers who are pregnant and are addicted to prescription narcotics. Health care workers say that they can’t get these mothers properly weened off of the drugs while they are in their second and third trimester under the new law – they simply don’t have access to the pills.

They say it is causing more babies to be born hooked on drugs right out of the womb. It is a growing problem in Florida, some say an epidemic.

How many babies are we talking about? Hundreds are born each year. In fact, WFTV reports that in the past 5 years, the number of babies born addicted to drugs has increased by a whopping 433%. No doubt accelerated by Florida’s prescription drug problem.

Linda Sutherland, Executive Director of the Healthy Start Coalition in Volusia County, told WFTV that she sees these drug-addicted babies all the time. These infants exhibit “erratic behavior,” says Sutherland. They are always “clenching their fists” and they “can’t settle themselves.”

Why? Because “they are in pain,” said Sutherland.

Photos: (L) DEA, (R) FL Senate

(L) oxycodone, (R) Sen. Joe Negron

While already a bad scene, the new law is making matters worse. It is enough of a problem that Attorney General Bondi has asked for the formation of the Statewide Task Force on Prescription Drug Abuse and Newborns. The House has already unanimously passed HB 227, which creates the task force.

“I applaud the House of Representatives for unanimously passing a bill that will enable our state to take the first step in protecting infants from the devastating effects of prescription drug abuse by expectant mothers,” stated Bondi. “This Statewide Task Force will enable us to better understand the scope of the problem, effective treatment for babies, and prevention strategies for expectant mothers.”

The bill creating the task force – which would include the FLAG, the State Surgeon General, the Health Care Administration Secretary, the Florida Department of Law Enforcement Commissioner, a rep from the Florida Hospital Association, a rep from Florida Medical Association, a substance abuse recovery organization, a State Senator and a State Representative – was sponsored by Rep. Kelli Stargel (R-64/Lakeland).

“We need more information about the unfortunate emerging trend of babies born addicted to prescription narcotics. A better understanding of the scope of the problem is necessary to develop effective strategies to prevent prescription drug abuse by pregnant mothers,” Stargel said in a statement, as reported by WTSP.

The Senate version – SB 402, sponsored by Sen. Joe Negron (R-28/Palm City) – has already cleared three committees, the latest of which was the Senate Budget Committee on Feb. 29.

By: Mark Christopher/Sunshine Slate

Lead image: Be.Futureproof

pill mill

[Tallahassee, FL] The Florida Supreme Court hears oral arguments today in what could be a landmark redistricting case, after a series of shifting coalitions triggered a week and half of topsy-turvy decisions.

Justices are preparing to hear a redistricting case for the first time since voters adopted the anti-gerrymandering Fair Districts amendments in November 2010.

So far, the court has seemed divided on when and whether to accept motions beyond an initial filing deadline – and how deep the justices have to pore over the result of the once-a-decade process.

Even legislators say they’re not sure how the court will rule, given the fluid majorities that have decided most of the orders handed down by the justices.

“I think it signifies that, hey, they … are wrestling with new language – never been tested, never been litigated,” said House Speaker Dean Cannon (R-35/Winter Park).

The latest sign of the scrambled majorities came on an attempt by Democrats to file a revised affidavit Tuesday for a redistricting expert, a move justices rejected on a 4-3 vote.

The affidavit would have painted a far less flattering portrait of the Legislature’s plans, with the expert seeming to deflate claims that large numbers of incumbents would square off against each other under the House plan.

According to the expert, Harvard professor Stephen Ansolabehere, 110 of the incumbents currently serving in the House could run for re-election without facing another sitting lawmaker.

“Of these legislators 33 are Democrats and 77 are Republicans,” Ansolabehere said in the affidavit. “This division clearly treats Democrats and Republicans differently.”

Photo: FL House

House Speaker Dean Cannon: the Supremes are “wrestling” with new redistricting language

Lawyers for Florida Attorney General Pam Bondi and the House and Senate assailed the new affidavit and, by extension, said the numerous corrections in it proved the initial one filed for Ansolabehere was flawed.

The House pointed out in a brief calling for the court to reject the filing that press reports said 38 members would face another incumbent and that the affidavit appears to ignore the fact that term limits will force several lawmakers from office.

“Even if the factual assertions were accurate, fundamental fairness dictates against the submission of new, untested factual data before this Court less than twenty-four hours before oral argument,” the House said.

Democrats said they weren’t fazed by the ruling.

“We attempted to provide the court with the most up to date information, but bottom line nothing has changed: the maps passed by the GOP-controlled Legislature represent the partisan gerrymandering and incumbent protection that 63% of Floridians overwhelmingly rejected when they passed the Fair District Amendments,” said David Bergstein, a spokesman for the Florida Democratic Party.

Overall, the rulings do appear to provide something of the lay of the land on the court. Chief Justice Charles Canady and Justice Rick Polston have stuck together and seem to favor the Legislature’s argument that the review should be narrow.

Justices Barbara Pariente, Peggy Quince and Jorge Labarga have ruled largely in favor of those challenging the maps.

The swing votes have often proven to be Justices Fred Lewis and James Perry, who could essentially decide whether the court accepts the maps, rejects them out of hand or allows another court to take a look first.

By: Brandon Larrabee/The News Service of Florida

Image:

redistricting

[Tallahassee, FL] Florida’s Attorney General (FLAG) Pam Bondi has fought off the wolves (re: lawyers) on behalf of Florida residents and businesses who rightfully deserve money from the Deepwater Horizon oil spill.

Bondi challenged – with several other AGs from states in the oil-spill affected zone – what appeared to be a bargained-for done deal which would have paid lawyers hundreds of millions from settlements that they did not even work on. They called it a “hold-back.”

“Each person who suffered financial harm as a result of the Deepwater Horizon oil spill deserves full and fair compensation,” said Pam Bondi in her weekly email.

“That’s why last week I filed a brief in the multi-district oil-spill proceedings in New Orleans challenging a plan to take hundreds of millions of dollars from the individual and business claimants who have decided to pursue non-litigation recoveries through the claims process,” Bondi added.

And she used old school 1990s legislation to do it, specifically the Oil Pollution Act of 1990. That’s the same act that makes BP obligated – as the designated responsible party – to pay out such claims in the event of an oil-spill disaster.

“In response to my objections and those made by other attorneys general and the federal government … a federal judge reversed his decision to require a partial “hold-back” of oil spill claimants’ recoveries,” said Bondi. “The amended order ensures that Floridians who received compensation through the claims process do not end up picking up the tab for attorneys who never assisted them.”

Pam Bondi was defiant in the face of legal vultures looking to make bank on behalf of Florida’s oil-slicked sufferers and the citizens and business owners of the state of Florida will get 6% larger settlements in the end as a result.

“Claimants who followed Oil Pollution Act requirements by seeking compensation from the Gulf Coast Claims Facility without resorting to litigation should not be forced to pay for legal work from which they derived no benefit and that was performed on behalf of others,” said Bondi.

The Gulf Coast Claims Facility (GCCF) is the official conduit for individuals and businesses to file claims related to the Deepwater Horizon Incident on April 20, 2010 (otherwise known as the BP oil spill). Kenneth R. Feinberg is the GCCF claims administrator. The famed federal “Equalizer” is acting on behalf of BP.

“I am committed to fighting for a fair and transparent Gulf Coast Claims Facility claims process,” she said.

By: Mark Christopher/Sunshine Slate

Image: U.S. Coast Guard

Pam Bondi

Amen. But don’t start spending that $8.4 billion just yet – not all Florida homeowners will get that money directly, as in, say, a class action suit. Instead, Florida borrowers will receive $7.6 billion from loan modifications, which includes principal reduction.

Additionally, those homeowners who suffered foreclosure abuses in the process of losing their home from Jan. 1, 2008 through Dec. 31, 2011 will be eligible for a check out of a pool of approximately $170 million.

It is estimated that the value of “underwater” loans that are refinanced is $309 million. The agreement includes a cash payment to the state of Florida of $350 million. The settlement is backed by a federal court order filed in U.S. District Court in Washington, D.C., and will be monitored by an independent auditor.

All of this comes as a result of a giant civil law enforcement investigation that involved state banking regulators as well as state attorneys general.

“These practices were plainly irresponsible and we refused to let them go unanswered,” President Obama said of the landmark agreement. “This settlement is a start. We’re going to make sure that the banks live up to their end of the bargain.”

It will take three years to fully realize all facets of the agreement.

“In some cases participating mortgage servicers will contact borrowers directly regarding loan modification options,” said Bondi’s release. “However, borrowers should contact their mortgage servicer to obtain more information about specific loan modification programs and whether they qualify under terms of this settlement or other available programs.”

For more information on the proposed foreclosure abuses agreement:

By: Mark Christopher/Sunshine Slate

Photos (L-R): Images_of_Money, AR McLin

foreclosure abuses

[Tallahassee, FL] A bill tweaking the law banning synthetic drugs like bath salts and K2-Spice to account for new chemical formulas was approved Monday by a House committee.

Florida’s Attorney General (FLAG) gave it a standing ovation.

“We must stay ahead of drug makers who are altering the chemical components of dangerous synthetic drugs to circumvent state law,” stated FLAG Pam Bondi. “I applaud Representative Ingram and the House Justice Appropriations Subcommittee for their commitment to the safety of Floridians by passing this bill today.”

The Legislature outlawed the synthetic drugs last year, but in the short time since then, new molecular formulas of the drugs have been developed.

State Rep. Clay Ingram (R-2/Pensacola) told the House Justice Appropriations Subcommittee on Monday that his Controlled Substances Bill (HB 1175) is needed to keep ahead of the drug makers and dealers. The bill passed unanimously and goes next to House Judiciary.

The Senate version (SB 1502) is sponsored by State Sen. Greg Evers (R-2/Pensacola).

By: Mark Christopher/Sunshine Slate. Additional reporting by: The News Service of Florida

Image: DEA

Related reading:

County seeks ban on synthetic drugs (Fernandina Beach News-Leader) Faced with the spread and sale of synthetic drugs in Nassau County, county commissioners are looking for help from Tallahassee. Commissioners voted last week to ask Florida Attorney General Pam Bondi for assistance in …

Answer to synthetic drugs is educating kids (Tampabay.com) The end result is that instead of smoking marijuana, there is now an incentive to smoke synthetic drugs that are cheaper, produce greater highs, don’t show up in most standard drug tests and won’t get you arrested. The American Association of Poison …

Florida’s battle to stay ahead of synthetic drugs (WTSP 10 News) Florida lawmakers are moving swiftly once again to ban over-the-counter synthetic drugs. Lawmakers already took action last year to ban synthetic compounds sold as bath salts under such names as “White Rush,” “Blue Silk” and …

Drug Ban Gets First Committee Hearing (WJHG-TV) Not long after the ban went in to effect, new drugs began showing up in gas stations and tobacco shops. One of those products, Jazz, a synthetic marijuana compound may have contributed to the death of a Florida teen earlier this month.

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synthetic drugs

[Tallahassee, FL] The annual report that looks at the plight of black males in Florida has been released. And it isn’t pretty.

The Florida Council on the Social Status of Black Men and Boys (CSSBMB) 2011 Annual Report, released Jan. 27, sheds light on the injustices that black males face in our society. It details the current conditions and provides recommendations.

The areas looked at include homicide rates, arrest and incarceration rates, poverty, violence, drug abuse, death rates, disparate annual income levels, health issues and school performance.

Housed within the Florida Attorney General’s Office (FLAG), The Council on the Social Status of Black Men and Boys was created in 2006 by the Florida Legislature. Although he is the chairman of the Council, Eddy M. Regnier PhD – a clinical and forensic psychologist with APS Healthcare – pulled no punches in his overall assessment.

“Unfortunately,this report reveals and exposes educational, economic, criminal justice and health status inequality that reduces the quality of life for black men and boys in Florida,” he wrote.

While Attorney General Pam Bondi says that the CSSBMB has, “concentrated its efforts on developing programs and services that will improve the lives of black men and boys,” Regnier says otherwise.

“In the past four years, the Council has made recommendations to address these disparities, and today most of these recommendations remain unfulfilled,” wrote Regnier.

In 2010, The Council focused on identifying ways to “correct the underlying conditions that lead to disparities in the lives of black boys between the ages of 14 and 18″ and to “isolate conditions that lead to high black-on-black crime rates and high dropout rates in schools.”

That’s not enough, says Regnier. He notes continuing problems like the, “overrepresentation of black males in the criminal justice system, poor educational opportunities, unequal economic status, unemployment and under employment, and consequences of health disparities.”

Here are the CSSBMB’s recommendations:

Education

Add a performance component to the Florida Education Finance Program (FEFP) calculations for improving the educational outcomes of low performing students.

Health & Families

Support legislation that promotes healthy choices through the following: Healthy Choices & Life Styles: Promoting better diet and eating habits, promoting physical fitness to decrease obesity, lowering the consumption of alcohol, decreasing the use of tobacco, and encourage or promote safer sex practices.

Criminal Justice & Crime Prevention

Promote and expand comprehensive diversion and supervision strategies aimed at decreasing the representation of black males in Florida in the criminal justice system: 1. Civil Citation (Diversion Programs); 2. Unsupervised population community based collaboration strategies; 3. Delivery of targeted programs and services.

Employment & Economics

Increase participation in employment and training workforce programs by black males in Florida to decrease unemployment, increase self-sufficiency, and reduce the in-cidence of re-entry to prison.

By: Mark Christopher/Sunshine Slate

Image: CSSBMB

black males in Florida

[Delray Beach, FL] Scammer Guard claims to be “the largest and most trusted scam prevention service.”

But Florida Attorney General (FLAG) Pam Bondi says that the Delray Beach-based company has been scamming people themselves by falsely advertising scam protection services and committing fraud. The FLAG office has sued Scammer Guard for the misrepresentation as well as received a temporary injunction to stop the “deceptive practices.”

According to a FLAG-issued press release, the lawsuit alleges that Scammer Guard allegedly “told consumers they were affiliated with the Florida Attorney General’s Office, the Federal Trade Commission and other government agencies.”

Uh oh.

This was in addition to claiming to be actually handling the investigations for the government agencies. They then used these supposed connections and “special” information to obtain refunds for consumers, for which people paid up-front fees between $250-$750.

“This fraudulent scheme preyed on consumers who had already suffered financial harm,” stated Bondi. “Consumers should never fall for any representation that the Attorney General’s Office partners with private companies to obtain consumer refunds or that our office charges consumers any fees.”

Now Scammer Guard, LLC, and its principal, Frank Esposito, are in a lot of legal hot water for their allegedly criminal actions.

Once The Toast Of The Town … Now Just Toast

Scammer Guard was once the toast of town and has been featured on several newscasts (see below) for their “unique” services. Their website asks: “Have you been the victim of a scam? We can help. Call Toll Free!”

They also claim to have helped hundreds of people who have been victimized by scammers. Founder Frank Esposito says he developed the company “to assist any individual person or business that has been affected by any unethical business practices.”

The list of frauds Scammer Guard says it deals with on a “daily basis”:

• Fraudulent Mortgage Broker
• Faulty Real Estate Agents
• Banking Fraud
• Internet Consumers
• Loan Modification Consumers
• Telemarketing Sales Fraud
• Fraudulent Real Estate Investments
• Timeshare Fraud
• Fraudulent Business Opportunities
• Investment Fraud
• Fraudulent Paid Surveys
• Fraudulent Online Education
• Facebook Fraud
• Victim of Exploiting the Elderly
• Foreclosure Fraud
• Fraudulent escrow
• Fraudulent Home Business Scams or Work From Home
• Email Fraud
• Victim of 419
• Disaster Recovery Fraud
• Nigerian Fraud
• Victim of Fraudulent Western Union Transactions
• Victims of Craigslist

Now they can add one more to that list.

By: Mark Christopher/Sunshine Slate

Scammer Guard

[Tallahassee, FL] On Friday, Florida Attorney General Pam Bondi announced that the state was filing a lawsuit against the manufacturers and sellers of cathode ray tubes (CRTs) for price fixing. CRTs are the main ingredient of the “old-school” boxy TVs and computer monitors.

But new information about the old devices has Bondi going to court on behalf of the state’s consumers. The Attorney General’s complaint says that during the years 1995-2007, the manufacturers and sellers of CRTs were fixing prices, resulting in billions in profits at the expense of Floridians.

“During hard economic times, price fixing exacts a terrible toll on Florida consumers,” stated Bondi. “It is my hope that these lawsuits will serve to provide economic relief to the victims and deter future misconduct by corporations that seek to do business with Florida consumers and Florida governmental agencies.”

Apparently, the CRT people held secret “Glass Meetings” where “price forecasts, volume, allocation, supply and demand for CRTs was discussed,” according to the AG’s office. The result? Florida consumers – even governmental agencies – got the shaft, paying higher prices than they should have for televisions and computer monitors.

Florida seeks damages and civil penalties for the defendants’ (alleged) illegal price fixing ways.

The list of the Glass Meetings participants is lengthy, and includes nearly all of the major players in the electronics biz: LG, Philips, Samsung, Toshiba, Panasonic, and Hitachi, as well as several names you would never recognize. Chunghwa Picture Tubes, anybody?

Notably absent is Sony, an industry leader in television sales during the period in question.

LCD and plasma flat screens have virtually ended the CRT’s reign of the marketplace. Incidentally, Florida already has a 2010 suit pending that alleges manufacturers and sellers of LCDs were preventing competition and increasing prices for those screens as well.

By: Mark Christopher/Sunshine Slate

Image: Elsie esq.

price fixing

[Tallahassee, FL] Earlier this month, Attorney General Pam Bondi announced that Ponzi schemer David Lewalski had been sentenced to 20 years in federal prison, the maximum under the circumstances.

David Lewalski, the lead principal in Botfly LLC, has agreed to a consent judgment to pay $19 million in restitution to consumers, the full amount of their losses.

The 2010 lawsuit brought on by the Attorney General’s Office against Botfly and its principals preserved $3.8 million in domestic assets along with $1.1 million in foreign assets.

“Exploitation and deception of more than 500 Floridians totaling millions of dollars is despicable and will not be tolerated,” stated Pam Bondi. “I am pleased that our office stopped the Botfly Ponzi scheme before it collapsed so that victims will receive some compensation for their losses.”

Lewalski admitted to being a fraud who supposedly invested in foreign currency trading. Evidence revealed the funds were actually used to purchase exotic vehicles (a Ferrari, two Porches, two Corvettes, a Ducati motorcycle), jet charters, stays at luxury hotels, clothing and jewelry.

Multiple government agencies worked many months to bring down Lewalksi and his scheme: Attorneys and investigators with the Attorney General Pam Bondi’s Office, the Florida Department of Law Enforcement (FDLE), the United States Department of Justice and the U.S. Postal Inspection Service.

The U.S. Attorney’s Office for the Middle District of Florida in Tampa prosecuted the case.

By: Mark Christopher/Sunshine Slate

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David Lewalski

[Tallahassee, FL] Florida is taking the lead on the states’ battle to fight the implementation of The Patient Protection and Affordable Care Act, signed into law by President Obama in 2010. Republican-controlled states like Florida are challenging the U.S. Government’s right to mandate its citizens pay into a pool for health care coverage.

Last week, it was announced that the U.S. Supreme Court would be hearing Florida’s lawsuit, originally brought by former Attorney General Bill McCollum, in march of next year. The Supreme Court date is somewhat earlier than expected.

And with the 2012 election just around the corner, the stakes are high for both the Democrats and Republicans.

The state’s two most powerful politicians – Gov. Rick Scott and Attorney General Pam Bondi, both Republicans – wasted no time to comment on the decision by the U.S. Supreme Court (SCOTUS) to hear the case and that Florida’s would be getting top billing on the national stage.

“[A week ago] Monday, the U.S. Supreme Court announced their decision to hear the federal health care challenge. I am pleased that they have granted certiorari in the States’ challenge to the federal health care law,” said Bondi. “Throughout this case, we have urged swift judicial resolution because of the unprecedented threat that the individual mandate poses to the liberty of Americans simply because they live in this country.”

“We are hopeful that by June 2012 we will have a decision that protects Americans’ liberties and limits the federal government’s power,” Bondi added. “We look forward to presenting oral argument and defending our position that the individual mandate is unconstitutional, that the entire law fails if one part fails, that the Anti-Injunction Act does not apply, and that Medicaid’s expansion is unlawfully coercive.”

Gov. Scott also released a statement, although he refers to the Affordable Care Act as “ObamaCare,” which is the preferred brand-name among Republicans.

“[The] news that the U.S. Supreme Court will hear arguments next March in the Florida lawsuit against ObamaCare is a tremendous step in the fight against the job-killing federal mandate,” Scott said. “I look forward to the day we can move past this Big Government mandate and begin making the meaningful, and constitutional, changes that are necessary to improve our health care system.”

Photo: Governor's Office

Gov. Scott announcing 550 new aerospace jobs for the Space Coast on Oct. 31

“With this news, I am hopeful that ObamaCare will be repealed by the end of 2012 and we can put a stop to further tax increases, additional job losses, the inability of many Americans to keep their existing health insurance, and the rationing of health care, all of which ObamaCare threatens to do,” added Scott.

The governor also gave credit where credit was due.

“I applaud Attorney General Pam Bondi for leading the effort to protect Floridians’ freedom to make their own healthcare choices and I am also grateful that former Attorney General Bill McCollum had the foresight to initiate this lawsuit,” he said.

Republicans are probably feeling pretty good about their chances, although they lost the bigger battles in the lower level courts. Across the country there were 20 court challenges to the health care reform package. Most of those focused on the individual mandate for all Americans to buy insurance or face some sort of minor penalty.

Florida says it is unconstitutional for Congress to mandate that citizens buy anything. A hundred years or more of precedent says that the Constitution gives broad powers to Congress to federally regulate society and enforce fees in all matters of commerce and national interest.

The federal government will argue that the Affordable Care Act is in the national interest, and that Congress has the power to pass laws governing commerce under the Constitution, and that the Supreme Court has upheld that right on numerous occasions.

Florida’s ace(s) in the hole? Supreme Court Justices Antonin Scalia and Clarence Thomas. The pair was reported by the L.A. Times to have dined with the legal team challenging the bill, stirring up an ethics debate and leaving Democrats already crying foul.

By: Mark Christopher/Sunshine Slate

health care