Connect with us

Politics

Advancing bills would repeal Florida’s ‘clean hands’ rule, lengthen window for exoneree claims

Published

on


Wrongly incarcerated Floridians could have an easier time seeking compensation for the time taken from them under proposals that are again advancing in the Legislature.

This week, the Senate Appropriations Committee on Criminal and Civil Justice voted unanimously for SB 130, which would repeal a unique Florida law that prevents some exonerees from receiving recompense

The bill has one more committee stop before reaching a floor vote. Its House twin (HB 59) has two more stops.

If passed, the legislation would make several notable changes to existing state law, including extending the time an exoneree must file for compensation from 90 days of an order vacating their conviction to two years.

Most notably, it would delete part of Florida Statute 961.04 that denies payment to exonerees with more than one nonviolent felony. Florida is the only state in the nation with that restriction, known commonly as the “clean hands” rule.

Fleming Island Sen. Jennifer Bradley and Tampa Rep. Traci Koster, both Republicans, have been tried repeatedly to nix the rule, to varying degrees of success. In 2023, for instance, Bradley and Koster’s bills cleared every committee in their respective chambers before the legislation died without a vote on the House floor.

Last year, the bills died unheard.

Bradley noted during a brief speech to the Senate panel Wednesday that since Florida lawmakers enacted a statute enabling wrongly incarcerated people to seek compensation in 2018, 18 exonerees have been denied for more than a combined 300 years of lost liberty.

“This bill is not about having strong penalties against criminals who commit bad acts in our state. This bill is (for) people who are exonerated, who have been found factually innocent by the original sentencing court,” she said. “That’s the universe of focus we’re talking about, and this bill rights that wrong and gets them compensation that’s deserved when the state gets it wrong.”

Florida law today provides that wrongly incarcerated individuals are eligible to receive no more than $50,000 for each year they unjustly spent behind bars. That amounted to $1.85 million approved in June 2023 for Robert Earl DuBoise, who served 37 years in prison for a crime he didn’t commit.

Several advocacy organizations signaled support for the legislation, including the Innocence Project of Florida, Americans for Prosperity, Florida Smart Justice and the Alliance for Safety and Justice.

SB 130 will next go to the Senate Fiscal Policy Committee, after which it would advance to the Senate floor. HB 59 must clear the House Budget and Judiciary committees before a full vote of the chamber.


Post Views: 0



Source link

Continue Reading

Politics

Clay Yarborough bill checks wayward teachers and the school districts that hire them

Published

on


Yarborough’s bill has three committee stops before a full Senate hearing. Similar legislation has been filed in the House. 

Sen. Clay Yarborough’s proposal for new requirements on teachers accused of crimes and the school districts that hire them is the fulfillment of a promise made last year.

SB 1374 would impose reporting requirements and mandate the removal of teachers accused of a wide variety of crimes detailed in Florida Statute. These include grooming behaviors.

Teachers and administrators would be required to self-report the accusations within 48 hours of arrest, and would also be compelled to report convictions and rulings for any offense except a minor traffic violation in the same timeframe.

Districts would have to remove the teachers from classrooms within 24 hours of the notification.

Yarborough was inspired to file this bill by a series of incidents in his native Jacksonville, where the Douglas Anderson School of the Arts had a number of teachers who flouted laws and community standards.

In a letter last year to Acting Superintendent Dana Krisnar, the School Board and Jacksonville General Counsel Michael Fackler, he expressed “serious concerns about the immediate safety” of students at Douglas Anderson in the wake of an arrest of a teacher over a “sexual incident” covered in the local press.

“The fact that the district was aware of this and allowed the teacher to remain in direct proximity with students and chose not to inform parents until last week is beyond comprehension,” Yarborough wrote.

This legislative proposal is an attempt to get state guardrails on a situation neglected by locals.

The bill notes that the “self-report is not considered an admission of guilt and is not admissible for any purpose in any proceeding, civil or criminal, administrative or judicial, investigatory or adjudicatory.” So it’s not a presumption of guilt. But it’s a recognition of the gravity of the charges.

Yarborough’s bill has three committee stops before a full Senate hearing. Similar legislation has been filed in the House.


Post Views: 0





Source link

Continue Reading

Politics

John Rutherford wants more ‘detail’ on DOGE cuts amid constituent concern

Published

on


A Jacksonville Republican member of the U.S. Department of Government Efficiency (DOGE) Caucus says he and his constituents want to know more about what’s being cut amid the Elon Musk group’s breakneck pace.

“I have constituents sort of concerned about the cuts as well. But I think part of what’s going on is DOGE is moving so fast that it’s got people’s heads spinning,” said Rep. John Rutherford. “In fact, I want more information about what’s going to happen before it happens. They’re moving so fast.

Rutherford is among the Congressional Republicans who have resisted calls to hold town halls, saying they present “an opportunity for a mob to act out in front of media.” So his constituent concerns are coming from smaller group settings.

Yet it’s notable that his comments, made Friday on C-SPAN’sWashington Journal,” stop short of previous full-throated endorsements of the DOGE mission.

“Musk is not acting on his own, nor does he have complete authority over anything, including the Department of Government Efficiency. Musk is carrying out the orders given to him from President Donald Trump to clean up the waste, fraud, and abuse that have plagued the federal government for far too long,” Rutherford said last month.

During the same C-SPAN hit Friday, Rutherford acknowledged that Trump has the ultimate authority to cut executive branch functions, and defended those moves to reduce “bloat” in the government, particularly given that previous President Joe Biden hired people in what the Congressman called a “willy-nilly” way.

“He has the duty and the power … and the responsibility,” he argued.

As First Coast News reports, DOGE cuts look likely to impact Rutherford’s district with some notable cuts.

The Charles E. Bennett Federal Building, which is considered an “anchor institution” by Downtown Vision, was listed among 440 structures that could be sold. Internal Revenue Service, Department of Labor, and Housing and Urban Development functions are among those that could be removed from the city as a result.

The U.S. Army Corps of Engineers Jacksonville District is also vacating its offices on the Southbank.


Post Views: 0



Source link

Continue Reading

Politics

Griff Griffitts bill would give election supervisors, clerks of court budget appeal authority

Published

on


More constitutional officers may have a chance to fight back against budget constraints with help of statewide elected officials, if a bill filed Friday passes.

Rep. Griff Griffits’ HB 7007 would let elections supervisors and clerks of courts appeal budgets to the state Administration Commission, which is made up of the Governor and the Cabinet.

If the Panama City Beach Republican’s bill becomes law, that would given them the same latitude sheriffs have had for decades. The appellants would have to give their reasons for appeal in their filings with the Governor’s Office.

From there, the local lawmakers would have five days to respond to the grievance.

After the response, the Governor’s Office would set up a timely hearing of the Administration Commission.

From there, the proposal would give 30 days to determine a resolution. That could include accepting one side’s proposed resolution or a combination of line items that could be a state-brokered compromise.

This law would take effect in July, potentially leaving a tight window for local budgets that take effect October 1 and are often passed just before the beginning of the new fiscal year.


Post Views: 0



Source link

Continue Reading

Trending

Copyright © Miami Select.