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Bill aimed at preventing ‘stolen valor’ heading to Senate floor

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A proposed Senate bill that would broaden definitions of so-called “stolen valor” cases is ready for the Senate floor.

All 25 members of the Senate Rules Committee voted unanimously to endorse the legislation (SB 402). The bill is sponsored by Sen. Tom Wright, a Port Orange Republican, and would outlaw anyone who misleadingly uses military uniforms, medals or insignias.

The proposed measure consolidates all military branches into one single classification as a “military uniform.”

“The bill ensures that the same branches of armed forces are listed in each provision of the statute,” said a Senate staff background report.

Wright said the instances of abuse by those who do not serve, also known as “stolen valor,” are increasing.

“I have found two situations in my district where men are wearing fatigues and claim to be veterans and they’re not,” Wright said of the men who were trying to raise charitable donations outside of stores on the Space Coast.

“I talked to the store managers in both cases and they threw them off the property.”

Currently, a person could be charged with a third-degree felony if found guilty of committing “stolen valor.”

Ultimately, Wright said serving in the military is a distinguished accomplishment. He said that should not be taken advantage of by anyone who has not served.

“We have to protect the sanctity of the uniform and make sure they are represented correctly,” Wright said.

Wright’s bill is similar to another Senate bill that would specifically target public officials from using stolen valor in their official capacity if elected or while running a campaign.

Sens. Jay Collins, a Tampa Republican, and Don Gaetz, a Pensacola Republican, cosponsored a bill (SB 348) which institutes ethics violations for candidates or elected officials who engage in stolen valor. Violation of that measure, if approved, could include censure by the Florida Board of Ethics, a $25,000 fine and possible removal from office by the Governor. That measure has also received preliminary approval by several Senate committees.


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House panel supports making university presidential searches more transparent

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A Republican-led effort to take back some of the power from Gov. Ron DeSantis after several of his allies landed presidential university jobs is moving through the House.

A bill sponsored by Rep. Michelle Salzman to add more transparency to the university presidential search process cleared the House Education Subcommittee with bipartisan support in a 15-0 vote.

Salzman’s legislation (HB 1321) would overturn a 2022 law that made the presidential applicants confidential and only the finalists public. Lawmakers originally argued that only releasing the top finalists encouraged more good candidates to apply because they wouldn’t be outed to their current employers if they didn’t get the job.

“When we have presidential searches,” said Salzman, a Republican from Escambia County, “we don’t need to be hiding people behind the shade because we’re worried about if they win or lose.”

In the case of Ben Sasse — the former University of Florida President who is now under fire for wasteful spending — his was the only name released for the job when he was hired.

“This bill is all about accountability and transparency,” said Rep. Marie Woodson, a Hollywood Democrat. “It was overdue, and we have to make sure that we, as lawmakers, we are accountable and we are transparent.”

The bill would also cut the Florida Board of Governors out of the presidential hiring process. The Board would no longer get a vote confirming university Presidents, leaving that decision solely up to school trustees.

Wednesday’s hearing drew several university professors who praised the bill. They spoke about how important it was to have a legitimate presidential search with public scrutiny to get the best candidate for the job.

“When decisions happen behind closed doors, we lose the opportunity to evaluate candidates against our institutions’ needs and values. Open processes allow us to ask critical questions,” said Samique March-Dallas, a finance professor at FAMU.

“A President chosen through a secretive process begins their tenure with a trust deficit. By contrast, leaders who emerge from transparent processes arrive with built in faculty support and legitimacy, essential foundations for addressing the complex challenges facing Florida’s higher education system.”

The next stop for Salzman’s bill is the House Education and Employment Committee.

The Senate companion (SB 1726) filed by Sen. Alexis Calatayud has been referred to the Education Postsecondary Committee, Appropriations Committee on Higher Education, and Rules Committee, but hasn’t been scheduled on a committee agenda yet.


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Senate panel advances bill paying $1.7M to family of man who drowned in Miami Beach pool

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The family of a Miami Beach recreation leader is one step closer to receiving the balance of a wrongful death settlement it reached with the city last year.

Members of the Senate Judiciary Committee voted 10-1 for SB 14, which would clear $1.7 million to the loved ones of Peniel “P.J.” Janvier, who drowned in a city pool on Aug. 16, 2022.

Janvier, a 28-year-old Army Reserve member, was a recreation leader and football coach for Miami Beach’s Parks and Recreation Department. He was off the clock on the day he died while visiting kids whom he oversaw during Summer camp at the Scott Rakow Youth Center’s outdoor pool.

Douglas McCarron, an attorney for the family, cited video footage showing Janvier being pushed by a camper into the pool’s deep end and struggling for 12 minutes as kids tried to save him. A lifeguard on duty was focused on his phone.

The city later suspended two employees and fired a third. In May 2024, the Miami Beach Commission approved a $2 million settlement with Janvier’s family.

But only $300,000 has been given. That’s due to Florida’s sovereign immunity law, which protects government agencies from costly lawsuits by capping payouts at $200,000 per person and $300,000 per incident.

For payments beyond those sums, state lawmakers must pass a claims bill, a special classification of legislation intended to compensate a person or entity for injury or loss due to the negligence or error of a public officer or agency.

Miami Gardens Democratic Sen. Shevrin Jones filed SB 14 in August, less than three months after Miami Beach OK’d the settlement. Miami Republican Rep. Juan Porras filed the bill’s House twin (HB 6519) last month.

Palm Harbor Republican Sen. Ed Hooper cast the sole “no” vote Wednesday, but provided no explanation why. He voted for other claims bills during the same meeting, saying of one measure to fulfill a settlement over a 19-year-old accident, “Nineteen years? Maybe we ought to come up with a better process.”

Republican Sen. Corey Simon of Tallahassee and Republican Rep. Fiona McFarland of Sarasota are carrying bills to overhaul Florida’s claims bill statutes, including raising payout caps and allowing localities to forgo sovereign immunity protections.

SB 14 will next go to the Senate Community Affairs Committee, after which it has one more stop before reaching a floor vote. HB 6519 also has two more stops before it would be up for a full vote by the House.


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Bill enhancing penalties for multiple DUI offenses advances

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The House Criminal Justice Subcommittee unanimously advanced a measure known as “Trenton’s Law” that seeks to increase penalties for subsequent DUI offenses.

St. Johns Republican Rep. Kim Kendall presented the bill (HB 687). She detailed how it came about after the death of Trenton Stewart, an 18-year-old cybersecurity Major and Stetson University All-American football player who had just finished his freshman year at college and was visiting his mom for Mother’s Day.

“May 9, 2023, a man was traveling 113 miles an hour in a 45 mile an hour zone, heading westbound on an eastbound lane. … On that eastbound lane was 18-year-old Trenton Stewart,” Kendall said.

“He was traveling on old St. Augustine Road. The crash investigation report … indicated that this man floored the gas four seconds before hitting Trenton. The report proved that this man was in control of his vehicle but barely pressed the brakes and never attempted to avoid Trenton’s vehicle, which was at a complete stop.”

Kendall said Trenton suffered multiple injuries, some of which were fatal.

“This man admitted guilt for slamming into Trenton head on while traveling at over 100 miles per hour. The Trailblazer Trenton was driving went airborne with him in it and was pushed a half a football length before it hit a tree,” Kendall said.

“Trenton suffered 13 injuries, nine of which were critical and fatal in nature. Trenton was alert directly after the collision and was trapped in his SUV for over 18 minutes. Trenton was observed on chest cam indicating he needed help and was in pain. Trenton fought for his life for 83 minutes until he was called dead as he arrived into the emergency room.”

Kendall noted that the offender had already killed someone else while driving under the influence.

“One of the most disturbing things … it’s the second time he killed somebody with a vehicular homicide,” Kendall said. “We are asking for enhancements to a first-degree felony for subsequent DUI … vessel homicide, or vehicular homicide.”

Florida Highway Patrol State Trooper Susan Barge spoke in support of the bill, and detailed how there are challenges for law enforcement when it comes to drivers taking non-controlled substances but still continuing to drive despite knowing they are impaired.

“One of the challenges besides just arresting someone for DUI, and also in our traffic homicide cases, is when we get somebody that decides to go to the store, that they still have to show their ID to buy cough medicine. But they could drink that whole thing of cough medicine and go out and drive a car and kill somebody, and there’s no penalties because it’s not a controlled substance.” Barge said.

Barge said members of law enforcement face obstacles when it comes to drivers taking these particular substances.

“Our hands are kind of tied when we have these cases,” Barge said. “I feel that we would have a better outcome with our DUI cases if we’re given a little bit more leeway on being able to arrest people for the things that they are responsible enough to go in and buy, but not responsible enough to take into their system and not drive a vehicle, knowing it impairs them.”

Mandy Stewart, Trenton’s mother, also spoke before the committee, and said the punishment that the offender received for taking the life of her son, was not enough.

“I’m Trenton’s mom, he unfortunately was killed by a felon … with a lengthy history of both violent criminal charges and countless traffic violations, including his first conviction in a vehicular homicide in 2001,” Stewart said. “Aside from the other 13 criminal charges and over 20 traffic violations, the offender (who) killed Trenton has finally been sentenced to only 12 years in prison. … In my opinion (it) is not true justice for this situation.”

Stewart noted that currently the maximum an offender can get is 15 years in prison.

“I shudder to think that after Trenton’s offenders’ now killed two people, he will be walking freely around our communities at the age of 50 years old or younger,” Stewart said. “That gives him a lot of life still to do this potentially again. … We don’t want another family to experience what we have.”

During the bill’s debate, Davie Democratic Rep. Mike Gottlieb called what happened to Trenton a “travesty” and noted that it highlights a problem in the criminal justice system.

“When you hear a story like this, it’s truly a travesty, and I think we have the greatest criminal justice system in the world, and it makes mistakes,” Gottlieb said.

“This case highlights one of those mistakes where the punishment wasn’t severe enough for somebody … (who) had 13 prior felony convictions, some violent, (and a) second offense where they killed an individual. So, normally I would be yelling and screaming and saying it’s inappropriate to double the punishment, but this is a case that has highlighted a problem in our criminal justice system.”

The bill will now go to the Justice Budget Subcommittee.


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