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Bill codifying gift card fraud punishments advances to final Senate committee

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A bill clarifying penalties for gift card fraud cleared is en route to its final committee stop in the Senate after receiving another round of unanimous approval.

Members of the Senate Appropriations Committee on Criminal and Civil Justice voted 9-0 for SB 1198, which would establish that it is a first-degree misdemeanor, punishable by up to a year in jail and/or $1,000 in fines, to commit gift card fraud in Florida.

That includes:

— Acquiring or retaining possession of a gift card or gift card redemption information without proper consent.

— Altering or tampering with a gift card or its packaging.

— Devising a scheme to obtain a gift card or gift card redemption information for fraudulent pretenses.

— Using an illegally obtained gift card or gift card redemption information to get money, goods, services or anything else of value.

If the value of the money, goods or services obtained illegally exceeds $750, the violator would face a third-degree felony, punishable by up to five years in prison and/or $5,000 in fines.

Sen. Nick DiCeglie, a St. Petersburg Republican, is sponsoring the measure.

And it’s hardly superfluous; in 2023 alone, gift card-related fraud accounted for $217 million of the record $10 billion lost in scams across the U.S., according to Federal Trade Commission data.

There is no shortage of news reports about gift card fraudsters getting caught across the Sunshine State.

The Florida Chamber of Commerce, Florida Restaurant and Lodging Association, AARP Florida and Walgreens support the bill.

So does St. Augustine Democratic Sen. Daryl Rouson, who noted in Monday’s meeting that while it’s already unlawful to scheme, defraud and steal someone’s gift card, DiCeglie’s measure “brings clarity to the prosecution.”

“I am proud to support this bill,” Rouson added.

SB 1198, which passed the Senate Criminal Justice Committee early this month on a 9-0 vote, will next go to the Senate Rules Committee, after which it will go to the chamber floor.

Its House companion (HB 1007) by St. Augustine Republican Rep. Sam Greco and Coral Springs Democratic Rep. Dan Daley cleared its first of two committee stops this month with unanimous support.


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John Dailey, Tally City Manager are taking local government dysfunction to a whole new level with TMH debacle

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Tallahassee city government is proving once again that it is dysfunctional, and some leaders may have set a new low during a raucous City Commission meeting that put the city’s ineptitude on full display.

And I say that fully aware that this is a city where a few recent Mayors have been criminally charged, with one sentenced to five years in prison.

Current Mayor John Dailey, along with his City Manager — perhaps better described as henchman — Reese Goad, are responding to reasonable attempts by Tallahassee Memorial Hospital (TMH) to improve operations with what can be fairly be called a temper tantrum.

At issue is a request from TMH to create a new Governing Board to allow for it to expand regionally, outside of Tallahassee. That prompted Dailey and Goad to add an informational item to the City Commission agenda evaluating “whether continued city ownership remains in the city’s long-term interest,” according to the Tallahassee Democrat.

That in turn sparked concern that the city would attempt to sell TMH, possibly to Florida State University to operate under an academic health system.

The addition came as a shock, with none of the City Commissioners or the CEO of TMH being notified that this conversation was coming. Considering that TMH is the single largest private sector employer in Tallahassee, with $1 billion in annual revenue, the cloak-and-dagger approach represents — and I’m putting this kindly — a significant lapse in judgment.

Currently, the city owns the land the hospital is located on, and its assets. TMH, which operates as an independent nonprofit, pays the city a $1 per year lease.

To be clear, TMH has said it would like to partner with FSU, but selling the hospital doesn’t guarantee such a partnership. Instead, the move could place the regional health center under the state’s purview, a possibility that prompted major backlash at Wednesday’s meeting.

There were some sane voices in leadership. Commissioners Jack Porter and Jeremy Matlow both signaled support for the city maintaining hospital ownership, and they rightly (and more diplomatically than might have been necessary) complained about the secrecy with which the discussion was scheduled.

What could have been a productive conversation about improving health care access in Tallahassee, and expanding TMH in a way that creates the most good for the most people, instead turned into a showdown at the not-so-OK-Corral. Goad appeared out of his depth in defending the agenda item, and Dailey was clearly struggling to maintain the moral high ground in what came off more like a whiny counterattack on a hospital leadership team that never really even attacked.

Among the changes TMH is seeking are new branding and a new name, Aerris Alliance, as well as new facilities outside city limits. Speaking to the Tallahassee Democrat, Dailey said the hospital was “asking for a lot.”

That may well be, and perhaps a conversation is in order. But Dailey’s blindsiding of the City Commission, the hospital and Tallahassee residents specifically included a call for staff to “explore the feasibility and potential advantages of a possible sale.”

Anyone who knows anything about business — in any industry — understands that volatility and uncertainty breed bad outcomes. This is no different. There was no need to take a “the sky is falling” approach, and every reason to celebrate TMH’s success. The hospital in 2023 was ranked just outside of the top 10 hospitals in Florida, and earned 10 “high performing” ratings in specialty care.

Dailey should take notice. Already hundreds of stakeholders were buzzing about the recent drama at the 5th Annual Commercial Real Estate Update held at the Moon in Tallahassee Monday. While leaders at the event tried to keep conversations focused on industry trends, it was the TMH debacle that dominated the more mingling discussions, according to the Tallahassee Democrat, which noted that several professionals also said they felt blindsided by the city’s consideration of a sale.

Whatever happens, transparency needs to take priority. And in that process, egos need to take a back seat to community health care access. And with a lot of things like this, we’re all staying tuned as more drama is likely on the way.


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

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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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Benefits for firefighters hurt in training advance in House

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The measure is said to ‘fix a glaring hole’ in Florida law. But it may create a hole in local budgets.

The dangers for firefighters don’t begin on their first call for service. Many of them are hurt in training.

And Republican Rep. Judson Sapp says they deserve benefits as well.

His bill (HB 749), which the Budget Committee is moving forward, would ensure firefighters who are totally and permanently disabled would still have insurance coverage for themselves and their families.

Ahead of the unanimous vote to advance it, Sapp said the bill “fixed a glaring hole” in Florida Statutes.

The bill has one House stop ahead in the State Affairs Committee before advancing to the floor.

A similar bill is also moving in the Senate.

SB 1202, sponsored by Stan McClain, is moving ahead as a committee substitute from the Governmental Oversight and Accountability Committee.

Differences between the bills are minor.

The House version is called the “Anthony Gillan Act.” It’s named after the Marion County firefighter severely injured during a training exercise who subsequently lost his job.

The Senate version stipulates that the Legislature “determines and declares that this act fulfills an important state interest.”

Though an “important state interest” may be fulfilled, the House bill analysis warns that it could create local budget impacts.

“The bill may result in a negative fiscal impact on the state and local governments. The fiscal impact is indeterminate at this time, as it depends on the number of full-time firefighters who become totally and permanently disabled due to a catastrophic injury sustained during an official training exercise. “


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