Florida

Judge Blocks Parts Of New Florida Election Law

Published

12 months ago

July 4, 2023

Judge Blocks Parts Of New Florida Election Law

Topline

A federal judge blocked parts of Florida’s new elections law Monday that restricted third-party organizations that register people to vote—calling it the state’s “latest assault” on voting rights—part of a string of recent court rulings taking aim at Florida Gov. Ron DeSantis (R) and his allies’ policies as the governor launches his presidential run.

Pinellas County residents go to cast their voting ballots on November 8, 2022 in St. Petersburg, … [+] Florida.

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Key Facts

U.S. District Judge Mark Walker issued a preliminary injunction blocking two parts of Florida’s sweeping new election law SB 7050, which took effect July 1, writing in his decision that the “Free State of Florida is simply not free to exceed the bounds of the United States Constitution.”

The ruling blocked a part of the law that barred noncitizens from registering people to vote—even if they’re legally residing in the U.S.—which Walker ruled was likely in violation of the Fourteenth Amendment’s Equal Protection Clause for discriminating on the basis of not being a citizen.

Walker, an Obama appointee, also blocked a part of the law that made it a felony for third-party voting organizations to retain any voter information, ruling it was overly vague and not clear if it would penalize groups from keeping information like email addresses or phone numbers to keep in touch with voters.

The text of the statute is “so devoid of meaning that it cannot possibly give people of ordinary intelligence fair notice of what information they are allowed to retain,” Walker wrote, noting that the state’s “insistence” in court that the statute would only cover personal information “offer[s] little solace to individuals facing a felony prosecution.”

Walker’s ruling did not affect other parts of the election law, which includes a provision that makes it possible for DeSantis to run for president without resigning his role as governor.

DeSantis’ office has not yet responded to a request for comment.

Crucial Quote

“The State of Florida is correct to seek integrity in our electoral system. … Here, however, Florida’s solutions for preserving election integrity are too far removed from the problems it has put forward as justifications,” Walker wrote. “It is no answer to assert the Florida Legislature’s work here was ‘good enough.’ … The United States Constitution demands more than “good enough.”

Chief Critic

The Florida government had opposed the lawsuit, which was brought by voting rights organizations, and their request for a preliminary injunction, writing in a court filing that “the Florida legislature gets to choose the policies” and third-party voting groups are “the source of endless complaints.” “Regulating them makes sense,” Florida Secretary of State Cord Byrd (R) wrote in a court filing. Walker noted in his ruling that the state justified the ban on noncitizens registering people to vote because of a fear that they “may leave the country before they can turn in such applications,” but said the state did not provide any evidence showing there is a legitimate risk of that being a widespread issue.

What To Watch For

The state is expected to appeal Walker’s ruling, which could result in the provisions either being more permanently struck down or allowed to go back into effect. Politico notes that other voting rights rulings Walker’s issued have had mixed success in appeals court, which most recently reversed a previous decision by Walker that blocked restrictions on ballot drop boxes.

Key Background

The election law is part of a slew of new legislation that Florida’s GOP-controlled legislature passed during its general session this spring, along with other policies like a six-week abortion ban, concealed carry, immigration restrictions and expanding restrictions on discussing sexual orientation and gender identity in schools. The legislative session was widely seen as a way to bolster DeSantis’ presidential campaign—which he formally announced right after the session ended—by giving him a tranche of conservative policy wins to point to in his campaign. Courts have repeatedly taken aim at some of the policies in recent weeks, however. In addition to Walker’s voting ruling, the state’s new restrictions on drag performances was also blocked in court in June, as were Florida’s bans on Medicaid coverage for gender-affirming care and gender-affirming care for minors.

Former ‘Cafe Risque’ stripper files lawsuit against the state of Florida

Published

7 hours ago

July 2, 2024

Press Room

Former ‘Cafe Risque’ stripper files lawsuit against the state of Florida

MICANOPY, Fla. (WCJB) -The state of Florida now requires strippers to be at least 21 years of age.

A lawsuit filed by Serenity Bushey, “Cafe Risque”, and two other adult establishments claims the new law violates their First Amendment and equal protection rights.

Bushay’s attorney, Gary Edinger, says the law is unconstitutional.

“The idea that adult residents of the state of Florida don’t have the same rights as people who are a couple of years older than them… it doesn’t make any sense under the constitution.”

The federal suit claims at least nine women under the age of 21 perform at “Cafe Risque” and have since lost their jobs.

Edinger says the law doesn’t only apply to strippers at adult entertainment clubs.

“So whether they are performers, or cooks, or DJs, or security, they can no longer be employed,” he stated. “And that affects what you might think of as strip clubs, it affects adult theaters, and also adult retail stores.”

He also tells TV20 that the consequences are high stakes.

“If someone slips by with a particularly good fake ID that club is strictly liable,” he added. “If it’s a nude club such as ‘Cafe Risque’ in Micanopy that’s a third-degree felony, that means someone’s going to jail for that…”.

Edinger and Bushey are asking for attorney fees and calling for a permanent injunction on the law.

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Florida

Is Florida testing students too much? Why there's not an easy answer

Published

14 hours ago

July 2, 2024

Press Room

Is Florida testing students too much? Why there's not an easy answer

PALM BEACH COUNTY, Fla. — WPTV is continuing to dig deeper into Florida test scores just released from the state department of education. They show whether students are performing at grade level in a variety of subjects.

Education

Making the grade: Florida education leaders praise student test scores

3:21 PM, Jul 01, 2024

This was Florida’s second year of the progress monitoring testing style, measuring student success three times throughout the year.

Local school district leaders told WPTV education reporter Stephanie Susskind they really like it. But parents Susskind spoke to aren’t so sure yet.

“I just don’t get it. I truly don’t know how taking away one test to add three, there’s no logic to me. It doesn’t make sense,” said Palm Beach County mom of two Sheena Romano.

Romano shares a popular opinion with many parents Susskind heard from on Tuesday: there’s too much testing in school.

“You have the elementary school sitting three times a year for iReady to grade their progress. And then you have the [Florida Assessment of Student Thinking] to grade their progress. So it’s like, can we eliminate one?” Romano said.

North in St. Lucie County, Superintendent Dr. Jon Prince doesn’t disagree.

“Testing in Florida is rigorous,” Prince told Susskind. “I still say we’ve got a little too much assessment going on.”

But he does support the new style of progress monitoring testing using the Florida Assessment of Student Thinking, or FAST. It’s given at the beginning, middle, and end of the school year to measure what a student is learning and where they need to focus.

“It’s been a great blessing that we get these results back immediately. So we know exactly where these kids are weak,” Prince said.

Florida education leaders tout this state testing style as the first in the nation. It replaced the high stakes FSA exam, which was given once at the end of the year.

“We are finding there is a lot more interface between parents and schools,” Prince said. “OK, my kid didn’t do very well. What can I do as a parent? And what can we do to partner and help them perform better? So I think it’s helped not just student learning, but that interaction between parents and families and schools.”

While parents like Romano understand that perspective, they still feel there’s too much testing pressure on today’s students.

“I think a good teacher, just like a good parent, should be able to see the progress. If you are honed in on the children,” Romano said.

So why are these tests important? Not only do they measure student progress, but they are used to help determine school and district grades. Those are expected to be released later this summer.

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Florida

My Safe Florida Home Program reopens: How to apply

Published

21 hours ago

July 2, 2024

Press Room

My Safe Florida Home Program reopens: How to apply

‘My Safe Florida Home’ sees backlog of registrants

Changes are being considered to the ‘My Safe Florida Home’ program, as the home insurance program faces a backlog of registrants and is starting to prioritize older homeowners.

TAMPA, Fla. – The My Safe Florida Home Program, helping cut property insurance costs for Floridians, reopened on Monday and will start offering grants again.

This program offers matching grants for Floridians of up to $10,000 to homeowners who shore up their homes with storm-protective upgrades like hurricane-safe doors or windows.

READ: Florida program aims to help ease sting of high property insurance premiums

Governor Ron DeSantis signed Senate Bill 7028 into law in April to allocate $200 million to the My Safe Florida Home Program.

READ: New Florida laws going into effect on July 1: Here are some of the highlights

The bill also allows applicants under the program to still receive home inspections even if they’re not eligible for a grant.

First-time applicants must complete an initial wind-mitigation inspection to proceed to the grant application. That inspection will then provide homeowners with:

The opportunity to share that report with their insurance carrier to make sure they’re receiving all possible discounts on the hurricane portion of their home insurance premium
A roadmap to retrofitting their home with improvements to strengthen it against hurricanes

Existing users can access their portal account to see their Grant Group Category number.