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Florida’s ‘red-flag’ law eyed as example amid gun debate

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Florida’s ‘red-flag’ law eyed as example amid gun debate


TALLAHASSEE, Fla. – As a nationwide debate rages over gun legal guidelines after final month’s mass capturing at a Texas elementary college, proponents of “red-flag” insurance policies level to a Florida regulation as a mannequin for states in search of to strip lethal weapons from individuals who may trigger hurt.

The Florida regulation, which permits authorities to take weapons from folks discovered to pose a “vital hazard” to themselves or others, has drawn pushback from Second Modification advocates and a few law-enforcement officers.

However supporters say the regulation — used hundreds of occasions because the Republican-controlled Legislature permitted it in 2018 — has saved an untold variety of lives.

“There’s no query that it has prevented hurt. Little question in my thoughts,” Pinellas County Sheriff Bob Gualtieri informed The Information Service of Florida.

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The measure permits law-enforcement officers to hunt “risk-protection” orders from judges, who should think about a variety of elements — comparable to current acts of violence or threats of violence — earlier than granting the requests. The orders can last as long as 12 months, and officers are permitted to hunt a single extension of as much as one other yr.

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Lawmakers included the red-flag measure in a sweeping school-safety regulation handed after a 2018 mass capturing at Marjory Stoneman Douglas Excessive Faculty in Parkland that killed 14 college students and three college members.

In Pinellas County, Gualtieri has a particular unit devoted to processing risk-protection order requests for the sheriff’s workplace and municipal police departments. Pinellas has had about 1,100 petitions for the orders — the second-highest quantity within the state.

The orders have thwarted shootings, “active-assailant occasions” and home violence, stated Gualtieri, who chairs a school-safety fee created by the Legislature after the Marjory Stoneman Douglas capturing.

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“A few of these those that we’ve got been profitable in eradicating firearms from are scary folks, are those that have been in some instances hellbent on that pathway to violence, and they might have acted,” he stated.

The orders enable authorities to “intervene on the earliest attainable time” to “stop one thing from changing into actionable,” Gualtieri added.

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Most risk-protection orders should not in search of to stop folks from hurting themselves, in response to Gualtieri.

“The vast majority of them are hurt in the direction of others. Their head’s not in the suitable house. They shouldn’t have weapons or ammunition,” he stated.

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However critics of the regulation imagine it provides the federal government an excessive amount of energy and doesn’t do sufficient to safeguard due-process rights.

Beneath the regulation, authorities can petition courts to briefly take away folks’s weapons for as much as 14 days. If such petitions are granted, hearings have to be held inside two weeks on requests for risk-protection orders that may last as long as a yr.

As a result of the method isn’t felony, folks topic to risk-protection petitions should not entitled to public defenders and must rent non-public attorneys to characterize them at hearings. The regulation additionally permits folks to petition courts to have their weapons returned earlier than orders expire. Authorized prices in risk-protection instances can vary from $5,000 to $10,000, in response to some consultants.

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When weighing requests for risk-protection orders, judges should think about whether or not to order mental-health evaluations. However the regulation doesn’t require that providers be supplied to individuals who is likely to be experiencing mental-health crises and are suspected of being threats.

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“These kind of individuals have to be recognized, and we have to make a willpower, is that this someone that we have to be ensuring they don’t get weapons. I agree with all of that. Why are we too scared to offer them a proper to counsel, and why are we too scared to incorporate provisions within the regulation for them to really get stabilization and remedy of some kind?” Eric Friday, an legal professional who’s basic counsel of the Florida Carry gun-rights group, stated in a phone interview.

Friday and different gun-rights advocates stated officers ought to use Florida’s Baker Act, which permits folks to be involuntarily detained for as much as 72 hours whereas mental-health evaluations are carried out, to isolate individuals who pose dangers to themselves or others, quite than stripping them of Second Modification rights.

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However Polk County Sheriff Grady Judd stated “the Baker Act is a very totally different instrument” and doesn’t enable the elimination of firearms.

“In order that’s why you want the RPO (risk-protection order). Once we go to somebody and so they’re having a mental-health break, or they’ve bought one thing actual nerve-racking and so they’ve not dedicated against the law, they’re not a felony. They’re slightly below this immense stress and haven’t but acted out. I name it ‘threatened out,’” Judd informed the Information Service this week.

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Polk County, with about 1,300 orders over the previous 4 years, has had extra risk-protection orders than wherever else within the state.

“It’s merely a software to maintain folks secure and to guard folks from one another typically or defend folks from themselves,” Judd stated.

Ryan Petty, whose 14-year-old daughter Alaina was among the many Parkland victims and who’s a self-described “ardent Second Modification supporter,” acknowledged that red-flag legal guidelines are problematic for some gun-rights advocates.

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“The priority that the majority Second Modification advocates have is it appears like due course of is reversed,” he stated in a telephone interview.

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However Petty, who additionally serves on the school-safety fee, defended the regulation.

“With regard to the due-process points, I get it. It appears like responsible till confirmed harmless. I don’t know the way you get round that, to be trustworthy with you,” he stated. “Nevertheless it appears to me that we’re balancing the rights of law-abiding gun homeowners towards the rights of people who’ve chosen and demonstrated that they’re a menace to themselves or others. That’s the excellence I make, and that’s why I’ve supported and assist red-flag legal guidelines like we’ve got in Florida.”

As of Could 25, the state had 2,845 lively risk-protection orders, together with short-term orders, in response to the Florida Division of Regulation Enforcement. The numbers can fluctuate every day.

For the reason that regulation handed in March 2018, 8,683 petitions for short-term 14-day orders and 5,856 petitions for orders that may last as long as 12 months have been filed, and almost the entire requests have been permitted, in response to information supplied by the Workplace of the State Courts Administrator. The information present vast disparities within the variety of requests among the many state’s 67 counties.

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“I’ll let you know unequivocally some sheriffs philosophically could also be towards it, so that they’re not going to encourage using it. … Some police businesses are simply lazy and take the simplest technique to the tip of the method. Some might not even find out about it but. On the finish of the day, they might accuse me of overusing it, however I’m making an attempt to avoid wasting lives,” Judd stated.



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Florida arts groups left in the lurch by DeSantis veto of state funding for theaters and museums

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Florida arts groups left in the lurch by DeSantis veto of state funding for theaters and museums


ORLANDO, Fla. (AP) — The Coral Gables Art Cinema will be short more than $100,000 this year. About $150,000 has suddenly disappeared from the Orlando Philharmonic Orchestra’s budget. The Miami New Drama also has an unexpected $150,000 budget hole.

Across Florida, arts groups are scrambling after Republican Gov. Ron DeSantis unexpectedly vetoed $32 million in arts funding on June 12, eliminating all state grants for those organizations in a move that advocates say will devastate arts and culture in the Sunshine State.

“What baffles me is that Florida has been trying to attract business from New York, Chicago and Los Angeles, and what message are we sending if we cut funding to our cultural organizations?” said Michel Hausmann, artistic director and co-founder of the Miami New Drama in Miami Beach. “Are you going to attract people to a state where arts and culture aren’t valued? They are the lifeline of a city.”

Arts leaders across the state say it’s the first time they recall a Florida governor eliminating all grant funding for arts and culture, and it comes as arts organizations that survived COVID-19 pandemic closures are still recovering with smaller attendance and revenues.

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For the more than 600 arts groups and facilities that were up for state grants, DeSantis’ veto was a surprise because the Legislature had approved arts funding, though what lawmakers approved was less than half of what was initially recommended by the state Division of Arts and Culture. Florida arts organizations had planned their budgets accordingly.

When asked at a news conference on Thursday why he vetoed arts funding in the state’s $116.5 billion budget, DeSantis said some of the money was slotted for programming that many taxpayers would find objectionable because of its sexual nature or for other reasons.

“When I see money being spent that way, I have to be the one to stand up for taxpayers and say, ‘You know what, that is an inappropriate use of taxpayer dollars,’” DeSantis said. “I think the Legislature needs to reevaluate how that’s being done.”

Most arts groups are still assessing the impact, but some may have to cut programming or staff.

“We are appealing to the community to help cover part of the budget deficit and we are exploring other funding opportunities in the private sector,” said Brenda Moe, executive director of Coral Gables Art Cinema. “We must get creative to plug this hole.”

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The Orlando Philharmonic Orchestra will trim expenses, look for a way to increase revenue and hope county and city officials fill some of the gap, said Karina Bharne, the symphony’s executive director.

State grants made up 10% of the Coral Gables Art Cinema’s budget, more than 3% of the Miami New Drama’s budget and around 2% of the Orlando Philharmonic’s budget.

PEN America, the free-speech nonprofit, likened the arts funding cuts to legislative priorities pushed by the DeSantis administration, such as laws limiting what can be said in classrooms about sexual orientation and gender identity and prohibiting the teaching of an academic framework outlining the ways systemic racism is part of American society.

”DeSantis is taking his war on culture to a new level,” said Katie Blankenship, director of PEN America’s Florida office. “This decision will not only devastate the arts but add to his legacy of censorship and disregard for art, literature, and knowledge.”

State grants are important to Florida arts groups not only because of their monetary size but because they can be used for salaries, rent, insurance and utilities. Often, private donors make gifts with strings attached for certain programs or performances. Ticket sales cover as little as a third of some arts groups’ budgets.

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“It hurts us dramatically in our ability to pay rent and pay salaries,” said Robert Kesten, executive director of the Stonewall National Museum Archives & Library in Fort Lauderdale, which had been expecting $42,300 from the state this year.

To overcome shortfalls, arts groups may have to explore alternative fundraising strategies, such as tapping new Florida residents who haven’t donated before, or collaborate with each other by sharing staff, spaces, costumes or sets, said Jennifer Evins, president and CEO of United Arts of Central Florida in Orlando.

Florida’s arts and cultural industry generates $5.7 billion in economic activity a year, including $2.9 billion by nonprofit arts and culture organizations, and supports more than 91,000 full-time jobs, according to a study from Americans for the Arts in collaboration with the state Division of Arts and Culture and Citizens for Florida Arts Inc.

“We make a huge impact on the quality of life. We make the state more appealing, and we don’t cost money,” Hausmann said. “There’s no justification for this cut unless it’s trying to make a political statement. It’s not an economic one.”

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Associated Press reporters Cody Jackson in Fort Lauderdale, Florida, and Curt Anderson in St. Petersburg, Florida, contributed to this report.

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Follow Mike Schneider on the social platform X: @MikeSchneiderAP.



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FIU earns highest rank for FL performance award, FGCU lowest • Florida Phoenix

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FIU earns highest rank for FL performance award, FGCU lowest • Florida Phoenix


Florida International University ranked highest among the 12 Florida public universities in qualifying for performance-based funding awards. 

Criteria to determine the awards include graduate employment or further education, median wage of graduates, tuition and fees, graduates with degrees in areas of strategic emphasis, and other indicia of academic progress. 

Eleven of the state’s 12 public universities scored above 70 out of 100, the threshold to receive all of their share of state-allocated funding. The pot contains more than $300 million, with shares ranging from $71 million for the University of Florida to $5.1 million at New College of Florida. 

One university will miss out on at least half of its performance-based funding. Florida Gulf Coast University would have been entitled to $15.3 million but posted the lowest score at 63. Because that’s under a 70 score, that entitles it to at least $3.8 million since it met the first requirement of submitting a student success plan and, if the plan is implemented plan by March, it would qualify to double that amount to $7.6 million.

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However, the balance of the original entitlement will be shared among FIU, the University of Florida, Florida State University, and University of South Florida, which scored the highest (FSU and USF tied for third place).

“I’m very proud to say we’ve already implemented the student success improvement plan and I assure you that we are not going to have the same conversation next year, so we are already seeing the improvements in many of our metrics,” FGCU President Aysegul Timur said during the Thursday meeting of the State University System Board of Governors in Orlando.

FIU has scored the highest in three of the past four years, notching a 96 this year. 

State government instituted the performance-based funding program in 2014. 

Board members are talking about fiddling with the formula, partly because high-scoring universities can get penalized if their scores decline even modestly. For example, The University of Central Florida scored 85 points this year, two points less than last year; if it drops by even one point next year, it would be required to submit a student success plan, but still be eligible for 100% of funding as long its score remains above 70.

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Other schools that scored lower than the year before are Florida A&M University, Florida Polytechnic University, the University of North Florida, and USF.

Additionally, FSU Board of Trustees chair Peter Collins said that increased investments to attract students who receive Pell grants — a factor in the scoring — could prove a poor use of money, because it could spark in-state competition for that pool of students. 

Alan Levine, vice chair of the Board of Governors, acknowledged Collins’s point, adding that, given Florida universities’ national rankings, it makes sense for the board to start measuring Florida universities against their peers in other states, such as the University of Michigan and Duke.

“Evolving these metrics to be more specific to the institution and that institution’s goals makes a whole lot of sense, given where we are,” Levine said.

Overall, Levine praised the performance-based funding program, saying it produced improvements at FAMU. 

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FAMU ranking up for discussion

During the board’s Friday meeting, a representative of the FAMU Alumni Association, William Youmans, said the university’s score of 72 is respectable but argued the university deserves credit “in context of the challenges that our students overcome and the university’s accomplishments.”

“FAMU is persevering through it all,” Youmans said, given that many of its incoming students aren’t as prepared for college because of social and other barriers that the university needs to help them overcome.

FAMU is the only historically Black university in the State University System. More than 80% of its students are Black and more than 90% are students of color.

“Some metrics are interdependent and should be calculated in context to each other, such as graduation rate and university-access rate to the actual outcomes, to include the social mobility index,” Youmans said.

The social-mobility index calculates a school’s role in improving the economic mobility of its students.

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Despite historical factors affecting the communities broadly served by FAMU, its students must compete with the other 11 universities in categories such as starting salary of graduates, graduation rate, and incoming high school GPA, or else the university risks forfeiting performance funds to the other universities.

In the first year of performance-based funding, 2012-13, FAMU tied for seventh out of the 11 universities. This year, it ranked tenth of 12.

FAMU was ranked the 2024 best among Historically Black Colleges and Universities by Niche and the 91st best public school in the U.S. by U.S. News & World Report.



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Could tropical storm or hurricane affect your Florida Fourth of July plans?

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Could tropical storm or hurricane affect your Florida Fourth of July plans?



AccuWeather ‘not sounding alarm bells’ but don’t let your guard down

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The second named storm of the 2024 Atlantic hurricane season is expected to form today or Saturday, less than a week before the Fourth of July holiday.

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Predictions call for it to quickly become the first hurricane of the season as it moves into the Caribbean.

Although it’s currently Invest 95L, once named, it’ll be Beryl.

➤ Spaghetti models for Invest 95L

➤ Track all active storms

While the future Beryl is expected to approach the Lesser Antilles by the end of the weekend, predictions on where it will go after that depend on a variety of factors.

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Could Florida feel an impact from what will become Beryl, and could any impacts affect your Fourth of July plans? Here’s what you should know.

Current forecast for Invest 95L. When will it become Tropical Storm Beryl?

Invest 95L: A low pressure system located about 1500 miles east-southeast of the Windward Islands is gradually becoming better defined.

Showers and thunderstorms are also showing signs of organization, and a tropical depression or tropical storm will likely form later today or on Saturday.

Tropics watch June 28: Tropical Storm Beryl expected to form soon

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This system is expected to move westward at 15 to 20 mph and approach the Lesser Antilles by the end of the weekend. Residents in the area should monitor the progress of this system.

  • Formation chance through 48 hours: high, 90 percent.
  • Formation chance through 7 days: high, 90 percent.

Spaghetti models for Invest 95L. Will it approach Florida?

Can’t see the map? Open in a new browser.

Special note about spaghetti models: Spaghetti model illustrations include an array of forecast tools and models, and not all are created equal. The hurricane center uses only the top four or five highest performing models to help make its forecasts.

Invest 95L becoming better organized. Could become hurricane early next week

“As we speak, the storm is betting a lot better organized and may form later today or by tomorrow morning” into Tropical Storm Beryl, said Alex DaSilva, AccuWeather lead hurricane forecaster

“The official forecast is for a strong tropical storm to approach the Less Antilles Monday. It may become a hurricane by then, and we’re getting a little more concerned about that possibility” DaSilva said.

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“There’s plenty of warm water. Wind shear is decreasing as the storm moves west. It’s dealing with some dry air and wind shear right now but (conditions) are turning more favorable for development over the weekend.”

Timeline: Where could Beryl go and when will it become a hurricane?

Look for the storm to approach the Lesser Antilles Monday and move into the Central Caribbean Tuesday or Wednesday.

Where it goes after that, along with development, depend on a couple of factors: land interaction and a system of high pressure over the southeastern United States, DaSilva said.

If it moves over Hispaniola or eastern Cuba, the land and mountains could disrupt its circulation, leading to less organization and weakening from a wind speed perspective. That doesn’t mean those areas wouldn’t feel an impact from the storm, which could dump a huge amount of rain on the islands, DaSilva said.

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By the Fourth of July, the storm will likely be a hurricane in the western Caribbean, south of Cuba.

“From that point, we’re going to have to watch an area of high pressure across the southeastern U.S. If there is weakness in that high-pressure system, (Beryl) could be drawn up north into either the Gulf of Mexico or the Florida Peninsula,” DaSilva said.

Timing would be next weekend if it does get drawn north, so really watch this thing July 5-7, DaSilva said.

If the system of high pressure stays strong, the storm will be forced west and go into Yucatan and Mexico. with no real impacts to the U.S.

Will Florida feel any impact from Beryl on Fourth of July?

The system that’s expected to become Beryl is compact so nothing should be felt across Florida on the Fourth of July that’s associated with the storm.

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“You may get just the normal run-of-the-mill summer thunderstorms, but nothing associated with Beryl,” DaSilva said.

July 4th Florida forecast: Scorching heat and severe storms ahead. Where to watch in Florida. See radar

Worst-case scenario: Florida could feel impact from Beryl by next weekend

Long-range forecasts can change a lot and depend on several evolving factors, but the worst-case scenario could see some impact from Beryl across Florida next weekend.

How much or even if anything is felt depend on the state of the storm later next week and interaction with the islands, which could pull it apart. But if there’s less interaction with land, the system could become more organized, DaSilva said.

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A worst case scenario all depend on the state of the storm next week and that interaction with Cuba and Hispaniola. One possibility is rain associated with Beryl affecting Florida next weekend.

The most likely scenario is that Beryl will head west into Mexico and miss Florida entirely, DaSilva said.

“We want people to be alert and aware. We don’t want people to be caught off guard. We’re not sounding alarm bells, and the holiday looks OK. Beyond that, just watch and see,” DaSilva said.

Hurricane Beryl likely to ‘plow’ through Windward Islands next week

Hurricane Tracker App tweeted Friday morning:

“It’s becoming likely that we will have a Hurricane named #Beryl plowing through the Windward Islands Mon am through Tues am.

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“Data shows it reaching Cat 1 status with winds 74-95 mph. All interests in the Windward Islands should be preparing for a hurricane. Upgrade likely today (Friday, June 28).”



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