Politics

Tom Leek postpones floor vote on cop killer bill after Black Caucus decries removal of ‘good faith’ standard

Published

6 days ago

March 27, 2025

After hearing impassioned arguments over its potential negative impacts, Ormond Beach Republican Sen. Tom Leek has postponed a floor vote on his bill to enhance penalties for people found guilty of killing a police officer.

Leek and Jacksonville Republican Rep. Jessica Baker have argued for weeks that their companion bills (SB 234, HB 175) afford cops no additional room to misuse their authority.

They’ve said the legislation is instead meant to ensure that debate about the lawfulness of an arrest or detainment takes place in a courtroom, not on the street where it sometimes leads to lethal results.

But contention that the legislation’s removal of a requirement that officers act in “good faith” when arresting or detaining people has persisted, with detractors contending it will embolden bad actors and suppress historically marginalized communities.

That contention came to a head Wednesday before a planned vote on SB 234, with several Black lawmakers pushing back against the bill. Leek heard them and temporarily pulled the measure from consideration.

“My love for you all tells me today that the best thing for us to do is to keep talking, to continue the discussion (and) try to do the best that we can to make everybody comfortable that the policy we pass is good policy,” he said.

SB 234, if passed in its current form, would require defendants convicted of manslaughter in cases involving the death of a police officer to receive life sentences without parole. The legislation is named for Daytona Beach Police Officer Jason Rayner, who was fatally shot in 2021.

Prosecutors sought a first-degree murder charge against Rayner’s killer, Othal Wallace, who resisted lawful detainment by Rayner, forced a physical confrontation and in less than 30 seconds pulled a gun and shot the officer in the head. Jurors instead found Wallace guilty of a lesser manslaughter charge, which carries a maximum 30-year prison sentence when the crime involves a firearm.

Community outrage followed Wallace’s sentencing. So did bills last year from Fort Myers Republican Sen. Jonathan Martin and Baker, both former Assistant State Attorneys, neither of which succeeded.

SB 234 and HB 175 would add manslaughter to the list of crimes — including first- and second-degree murder, and attempted murder — against a police officer for which the mandatory minimum sentence is life imprisonment without parole.

It would also eliminate statutory language to clarify that a person cannot resist an officer with violence or the threat of violence when the officer is performing his or her official duties.

That change is necessary, Baker said, because “jurors can get confused” when interpreting the relevant statutes as they’re currently listed, and defendants have used that confusion to their advantage.

But the legislation’s removal of a “good faith” standard for officers has been a persistent sticking point. Miami Gardens Democratic Sen. Shevrin Jones explained why Wednesday while proffering an amendment, which his GOP colleagues shot down, that would have kept that language in the law.

“If there is a factual question about good faith, the jury should be able to ask and engage (on) it. That’s what our system does, trust a jury to make sometimes difficult calls,” he said. “In Black communities, this (bill) does not and will not play out (the way you think it will).”

*Sen. Shevrin Jones said removing Florida’s ‘good faith’ standard for police officers would hurt marginalized communities. Image via Colin Hackley/Florida Politics.*

Several of Jones’ Black Caucus colleagues concurred. St. Augustine Democratic Sen. Darryl Rouson, who made history as Pinellas County’s first Black prosecutor, spoke of how he taught his sons to be submissive during police interactions because “if you resist, you might die.”

Requiring good faith from police officers, he said, “doesn’t seem like a whole lot to ask” in return.

Rosalind Osgood, a Tamarac Democrat, voted for SB 234 twice during the committee process, but had a change of heart after speaking with Black police officers, community members and reflecting on her own uneasy interactions with law enforcement.

She spoke of the police killing of George Floyd in May 2020 that sparked nationwide protests and calls for police reforms and how, even as people witnessed and filmed the incident, no one intervened.

“Law enforcement officer can do their jobs … but they can’t just do what they want to do, and a lot of times in our community we have law enforcement officers that handled us in a way that’s not of justice (and) that I know most of you in this room would not approve of,” she said. “We’re (not) saying all White police officers are bad or we’re making ourselves the victims. What we’re trying to express to you is the reality of what we live with every day.”

Hollywood Democratic Sen. Jason Pizzo, a former prosecutor and the current leader of Senate Democrats, said SB 234 undermines the “gatekeeping function” of the Fourth Amendment, which protects people from unlawful searches and seizures. But as it’s written, it would also disincentivize defendants from pleading guilty because of the heightened mandatory minimum.

“This is a bill that basically addresses how upset we are that a jury found a lesser (sentence). This is, ‘How do we get justice (and) closure for our family because a prosecutor didn’t do a good enough job to get a higher charge,’” he said. “If the prosecutor had gotten second-degree murder, there would not be an SB 234.”

In what initiated the most heated exchange on the floor Wednesday, Martin talked of how “many people disrespected law enforcement but at the same time would demand that law enforcement would keep their community safe.” He attributed that disconnect to “televised controversy, where someone says they were innocent and were profiled,” but that the officers in question were acting on material evidence — a vehicle description, for instance — that prompted the interaction.

“We cannot let the lies in the media that amp us up … ruin our communities, and this bill gets to the heart of that issue,” he said, adding that nonviolent resistance such as walking away when a cop tells you to stop would still be lawful. “If the law enforcement officer doesn’t have a right to detain you, you have a right to run away. But under no circumstance do you have a right to fight that officer (or) resist with violence.”

Jones, his voice raised, told Martin racial profiling and implicit bias are “not a myth.” Martin denied saying any such thing.

“It may not be in your community,” Jones said. “You’ve got five Black members who are sitting in this room, so don’t say racial profiling is not real, because it is, sir.”

Before pulling the bill, Leek tried to lower the temperature in the room.

“There’s no one in this chamber who believes racial profiling doesn’t exist,” he said. “We know it happens.”

Organizations supporting the “Officer Jason Rainer Act” include the Florida Sheriffs Association, Florida Police Chiefs Association, Florida Smart Justice Alliance, Gun Owners of America, Florida State Fraternal Order of Police, Florida Police Benevolent Association, Volusia County Sheriff’s Office, Orange County Sheriff’s Office and Sun Coast Police Benevolent Association.

Aaron Wayt of the Florida Association of Defense Attorneys said Floridians today have “multiple defenses” against excessive, unwarranted force by a police officer, and key to those defenses are the “good faith” and “legal duties” standards.

“If we don’t agree that officers should be acting in good faith,” he said, “that’s the sound of the canary in the coal mine.”

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Senate Appropriations Committee passes bill to survey seniors about nursing home conditions

Published

7 minutes ago

April 2, 2025

May Greene

The Senate Appropriations Committee has OK’d a bill that could give lawmakers new insight into how seniors feel at nursing homes in order to better protect them.

“This bill strengthens the voice of our nursing home residents and their family members to ensure they can age with the dignity and care they deserve,” said Senate President Ben Albritton in a statement.

If SB 170 passes this Session, the Agency for Health Care Administration (AHCA) would create biennial customer satisfaction surveys for residents and their families at nursing homes. The survey would be available at all facilities, including ones operated by nonprofits and for-profit companies, for short-term and long-term residents.

Nursing home employees would be prohibited from trying to influence the responses, although seniors’ families could help them complete the surveys, the bill outlines.

“The beauty of this survey is we will be able to use it in a multitude of ways,” said Sen. Colleen Burton, a Lakeland Republican, during Wednesday’s hearing.

Lawmakers would be able to understand if the state’s programs are improving seniors’ quality of care and plan to study how Florida compares to other states, Burton said.

The survey results will also be available to the public in the AHCA Nursing Home Guide website.

“Following the survey results, nursing homes must develop and submit an internal action plan for improvement to AHCA. This feedback is essential to help Florida families make a clear and informed decision when selecting a nursing home,” the Senate press release said.

Staff analysis of the bill warned about costs ahead. “AHCA estimates a cost of $356,500 to implement the Nursing Home Patient Satisfaction Survey and the Nursing Home Patient Safety Culture Survey required in this bill,” the staff report said.

“The agency will also require $140,500 annually to maintain, enhance, and secure endorsements for these surveys. The comprehensive study of nursing home quality incentive plans will require an estimated $1.5 million to complete.”

What could help lower the state’s cost are new $10,000 fines the bill is proposing on nursing homes that refuse to submit audited financial information to the state as required by law.

The bill also includes a provision to require nursing home medical directors to obtain an American Medical Directors Association certification or hold a similar credential approved by AHCA.

“Floridians should feel confident when selecting a nursing home for themselves or a loved one. This legislation will elevate the quality of care and safety standards of nursing home facilities statewide,” Burton said in a statement.

“Enhanced transparency and feedback from nursing home residents and their family members will better inform Floridians and safeguard the quality of care for seniors and individuals with disabilities.”

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Nikki Fried says Special Election overperformance lays groundwork for future Dem success

Published

38 minutes ago

April 2, 2025

May Greene

Florida Democratic Party Chair Nikki Fried says overperformance by candidates in two congressional districts could bring Democrats long-term benefits.

“We put a down payment on our future,” Fried said, “and we’re going to make Republicans pay for it in the long run.”

Democratic candidates spent upward of $17 million in Special Elections in Florida’s 1st and 6th Congressional Districts. In the Panhandle, Gay Valimont lost to Republican Jimmy Patronis, while in Northeast Florida, Josh Weil fell to Republican Randy Fine.

In both cases, the Republicans won by about 14 percentage points in districts where President Donald Trump in November won by more than 30 points.

In that sense, Fried didn’t consider either campaign a loss. Fried the next day participated in a Democratic National Committee (DNC) press call with DNC Chair Ken Martin to tout the overperformance.

Seeing President Donald Trump hold telerallies for both candidates showed Florida Democrats can still get national Republicans’ attention, she said.

“These races should have never been competitive, but we outworked them, we outraised them, and we slashed their margins by more than half, and they panicked,” Fried said. “They had to call daddy, hosting emergency town halls, slashing last minute cash and even sacrificing (New York U.S. Rep. Elise) Stefanik’s nomination to protect their very slim majority.”

Martin, while touting the victory of a Liberal Wisconsin Supreme Court justice over a conservative publicly championed by billionaire Elon Musk, also saw good things from the election results in Florida.

“Last night’s Special Elections in Florida showed Trump, Musk and Republicans that they’re in trouble in even the reddest of districts,” Martin said.

“Democrat Gay Valimont claimed the best performance from a Democrat in Florida’s 1st Congressional District this century, and became the first Democrat in almost two decades to flip Pensacola. In Florida’s 6th, Democrat Josh Weil secured a massive overperformance in this Trump plus-30 district and validated Republicans’ widely covered concerns about Republican candidate Randy Fine.”

Fried also said the Democratic campaigns spent their money wisely, focusing on ground game over flashy marketing.

“These races came down to the wire because we invested in them, put money into strong ground game and organized in red counties like never before,” Fried said. “Investment on the ground matters. Money spent in Specials was largely on the ground, not TV, and campaigns left behind cash to local county parties to continue that work. So don’t tell me, ‘Florida, it’s too expensive.’ We have proven that we can raise the money and spend it wisely.”

Fried also said Democrats in off-year and unscheduled races can make an important difference in providing balance in state elections.

“Here in Florida Special Elections, we flipped a really important House seat last year in the beginning part of ’24. It allowed us to take back School Board races in the August Primaries, to re-elect our Mayor down in Miami-Dade County. These elections are important for infrastructure and build our momentum.”

That 2024 Special Election was a win by Democrat Tom Keen in House District 35, but Keen lost the seat in November to Republican Erika Booth.

Fried said this year’s Special Elections will lay the groundwork for strong performance in the Midterms next year.

“People are coming out of their homes, wanting to be part of this revival of the Democratic Party and this retaking back of our state,” she said. “These important elections are a message test. It is an opportunity to organize, to galvanize our base, but also to make sure that we are creating this momentum going into the ‘26 actual elections year,” she said.

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New data reveals Trump Country flocks to the health care marketplace

Published

1 hour ago

April 2, 2025

May Greene

In the same way Floridians flocked to the polls for Donald Trump, they have flocked to the health care marketplace, seeking affordable health care coverage for themselves and their families.

In fact, new data reveals that Florida participation in the health care marketplace has multiplied by 2.5 in just five years.

In 2020, there were 1.9 million Floridians on the exchange. That’s just a fraction of the 4.7 million residents across the Sunshine State enrolled today.

KFF News reported this week that enrollment has grown significantly more in states that favored Trump last election than in states that voted for his opponent.

“On average, states that voted for President Trump have seen Marketplace enrollment grow by 157% while states that voted for former Vice President (Kamala) Harris saw a 36% increase in Marketplace enrollment,” according to the report. Florida was one of the top 15 for growth.

Yet, the 4.7 million Floridians who rely on the marketplace may lose their enhanced tax credits if Congress does not act.

The enhanced tax credits have increased the affordability of coverage for middle income Americans. They are set to expire at the end of this year, and premiums will skyrocket for those on the exchange.

If Congress does not renew the tax credits, a 60-year-old couple in Florida earning $82,000 a year will be forced to pay $13,000 more for their health care coverage. A family of four in Florida earning $129,000 per year will face an increase of $4,500 on their annual premiums.

Hispanics would be among the hardest hit if the tax credits were to expire.

Julio Fuentes, President of the Florida Hispanic Chamber of Commerce warned in an op-ed this week that “inaction would devastate Hispanic small business owners, their employees, and millions of other Floridians who depend on these tax credits.”