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Orlando gunman’s widow pleads not guilty to aiding husband

The widow of the Orlando nightclub gunman pleaded not guilty Wednesday to charges of aiding and abetting her husband’s support of the Islamic State group and hindering the investigation of the attack that killed 49 people and injured 53 others.

Noor Salman, 30, entered her plea in an Oakland, California, courtroom two days after she was taken into custody at the home she shared with her mother in suburban San Francisco.

Her arrest came after she was interviewed numerous times by FBI agents investigating the June 12 attack in Florida.

Federal prosecutor Roger Handberg said in court Tuesday that Salman knew about the plan by her husband Omar Mateen to attack the gay nightclub and then lied to investigators after it was over. Mateen was killed at the scene by authorities.

Handberg declined further comment on the indictment outside court, and no further details of the charges have been disclosed.

Salman will return to court Feb. 1 to argue for her release pending trial on the counts that could result in a life sentence if she is convicted.

Salman’s uncle Al Salman has defended his niece, saying she is an innocent person who was physically and mentally abused by Mateen.

He said she remained in the marriage because she feared losing custody of the couple’s 4-year-old boy.

Noor Salman was living with Mateen in Fort Pierce, Florida when he proclaimed his allegiance to Islamic State and attacked the nightclub.

The indictment charges her with aiding and abetting Mateen in providing material support and resources to Islamic State between April and June of last year. She was also charged with obstruction, accused of misleading and lying to police and the FBI during their investigation.

Charles Swift, her lead attorney, declined comment Wednesday outside court. He is director of the Texas-based Constitutional Law Center for Muslims in America.

Salman told The New York Times in an interview published in November that she knew her husband had watched jihadist videos but that she was “unaware of everything” regarding his intent to shoot up the club. Salman also said he had physically abused her.

Republish with permission of The Associated Press.

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Personnel note: Dean Izzo departs DEO for Capital City Consulting

Dean Izzo, the Department of Economic Opportunity‘s chief of staff, is leaving the state’s jobs agency for a post at Capital City Consulting, the firm announced Wednesday.

Izzo

Izzo, who also has been chief financial officer and chief information officer for DEO, begins Jan. 30. He had been with the agency since its creation in 2011.

“Dean will be a true asset to our current and future clients seeking partnership with the state and we are excited for him to join our growing team,” said Nick Iarossi, a partner at the firm.

Added Izzo in a statement: “Capital City Consulting is second to none for government relations in Florida. I look forward to using my dynamic experience, relationships and knowledge of the executive branch to work on behalf of our clients.”

He previously was director of real estate for the Florida Department of Management Services, “where he oversaw approximately 55 million square feet of commercial property, managed the state’s construction management and leasing program, and provided strategic and technical management of Florida’s real estate holdings and assets,” the release said.

Izzo also has been vice president of operations in the retail banking division at JP Morgan Chase Bank, a consultant and project manager at IBM, and chief information officer at the now-defunct Florida Department of Community Affairs, according to the release.

He received his undergraduate degree in real estate and finance from Georgia State University, and has Florida Certified Contract Negotiator Certification as well as Project Management Professional Certification from the Project Management Institute.

Izzo will continue to live in Tallahassee with his wife and children.

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Officials, others respond to school vouchers case

The Florida Supreme Court’s decision not to take up a contentious school vouchers lawsuit continued to garner reaction throughout Wednesday.

Betsy DeVos, President-elect Donald Trump‘s nominee for U.S. Education Secretary, tweeted, “Congrats to the Florida families who have a clear path toward more opportunity due to #SchoolChoice w/ today’s FL Supreme Court decision!”

Florida House Democratic Leader Janet Cruz of Tampa, in a statement, called the move “a blow to our state’s Constitutional promise of  ‘a uniform, efficient, safe, secure, and high quality system of free public schools.’ ”

“We can all agree that the zip code of a child’s birth should not be a determining factor in their access to a high quality public education,” she said. “However, for almost 20 years now, since the passage of Gov. Jeb Bush’s original unconstitutional voucher system, Florida has diverted billions of taxpayer dollars away from our public schools in a misguided attempt at outsourcing our children’s education to for-profit corporations and fly-by-night profiteers.

“Instead, these resources should have been spent improving our neighborhood schools, focusing on options that we know have a proven success rate and a genuine benefit to the public they are meant to serve, such as the community schools model,” she added. “Unfortunately, some continue to view our children as a commodity from which every ounce of profit should be squeezed.

“Even with today’s setback, House Democrats will continue to fight on behalf of the thousands of parents and students who have been failed by legislative leaders more intent on serving an ideology of boundless privatization rather than a commitment to the educational well-being of our children.”

Bush, the president and chairman of the Foundation for Excellence in Education (ExcelinEd), the school reform group he founded, said the decision is “a powerful reminder to entrenched special interests that when policymakers work hand-in-hand with Florida’s families, students win.”

“It is my hope that opponents of Florida’s efforts to help our most vulnerable students will stop impeding successful reforms and join us in ensuring all students have access to excellent educational options,” he said.

Cruz’s counterpart, Republican House Speaker Richard Corcoran, called the court’s order “a great victory for school children, parents, and classroom teachers who want the best for their students.”

“I thank the many organizations, pastors, parents, and children who advocated for fairness and justice in our education system and wish them all a great school year,” he said.

Attorney General Pam Bondi said she was “pleased that the lower court’s decision will stand, and that this important program will continue to provide educational opportunities for children of families that have limited financial resources.

“Today is a great victory for our children,” she said in a statement.

Americans for Prosperity-Florida (AFP-FL), the state’s pro-free market organization, called Wednesday “a day to celebrate.”

“Our childrens’ future looks brighter than ever,” AFP-FL state director Chris Hudson said in an email. “Last year, the legislature enacted several common sense reforms to improve access to a quality education. Today’s ruling furthers the initiative to ensure that parents can make the best decisions for their children.”

Florida TaxWatch President and CEO Dominic M. Calabro said the program “provide(s) lower income families, most of whom are minorities, the opportunities to receive a high quality education and are funded through donations from businesses across the state.”

“Educating our children, particularly those who do not have the same opportunities as others, is crucial in ensuring that they can go on to college, earn a degree and begin a career that offers them prosperity and success,” Calabro said in a statement. “…With the lawsuit officially over, the state does not have to continue to spend taxpayer dollars on what could have been an expensive battle at the Supreme Court.”

Cesar Grajales, Florida Coalitions Director of The LIBRE Initiative, a project of Americans for Prosperity focused on the Hispanic community, said the court “was right to defend the needs of Florida students by dismissing the attacks from unions.”

“School choice is a powerful tool to ensure that our community has the best access to education possible,” Grajales said. “…I am looking forward to working with the Florida legislature to continue expanding reforms that ensure parents and students can achieve their educational goals.”

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classroom school vouchers

Teachers’ union: “Who can challenge the Legislature on voucher program?”

The Florida Education Association (FEA) vented its “frustration” Wednesday after the Florida Supreme Court declined to take up a suit challenging the constitutionality of what’s been called “the nation’s largest private school choice program.”

The court decided not to hear a challenge to the Tax Credit Scholarship Program, created in 2001, though – as one former judge noted – its order “doesn’t say (it) lacks jurisdiction.” (Main story here.)

That had Joanne McCall, the statewide teachers’ union’s president and the lead plaintiff in the case, asking, Who can pursue a case? A trial court and the 1st District Court of Appeal had previously ruled the matter could not go forward.

“This ruling, and the decisions by the lower court, doesn’t answer that question,” she said in a statement. “We still believe that the tax credit vouchers are unconstitutional, but we haven’t had the opportunity to argue our case in court.”

Though the Supreme Court put an end to this case, first filed in 2014, the challenge now for voucher opponents is to find one or more plaintiffs who do have the legal standing to successfully press a complaint.

At issue was money going toward religious schools, and whether “taxpayers,” like McCall, could challenge “indirect state subsidies” paying for parochial school tuitions.

“We’re baffled that the courts would deny taxpayers the right to question state expenditures,” McCall added. “This decision has ramifications beyond this challenge to a voucher program.”

It “relies on private, voluntary donations—not public dollars,” the state’s brief on the jurisdictional question said. “And the program provides tax credits to donors—not schools or students.”

“At bottom, petitioners’ assertion of taxpayer standing is predicated on the assumption that this case involves the unlawful ‘use of public funds,’ ” the state’s brief said. “As the trial court and the (appellate court) correctly concluded, that position is flatly at odds with the how the Scholarship Program actually operates, and misconstrues the plain language of Florida’s Constitution.”

In other words, “the Legislature’s carefully crafted policy choice does not suffice to establish a concrete, particularized injury” to those that sued, including the FEA, the League of Women Voters and the NAACP’s Florida State Conference.

On the other hand, the FEA’s brief said the vouchers scheme “diverts funds from the public (treasury) to subsidize the costs for certain Florida children to attend private schools, the overwhelming majority of which are sectarian.”

“(N)othing in the law prohibits these schools from engaging in religious discrimination or mandating that their students participate in religious instruction and religious exercise,” according to the brief.

It said the high court should “accept jurisdiction … because the decision not only undermines the law of taxpayer standing, but it effectively holds the Scholarship Program – and any other government program similarly funded by a targeted tax credit rather than direct appropriations – to be immune from challenge.”

Simone Marstiller, a retired judge of the 1st District and now a lawyer in private practice, said appellate Judge Lori S. Rowe‘s decision “beautifully lays out exactly why” the high court turned the case down.

“Bottom line: The union and others simply cannot show any ‘injury’ from the Legislature’s use of tax credits to fund the scholarship program,” said Marstiller, who also held many positions under Gov. Jeb Bush, including secretary of the Department of Business and Professional Regulation.

“This is not a situation in which tax revenues are being diverted away from the public school system in favor of private schools, including religious schools,” she said. “So, not only is there no exercise of the Legislature’s spending power at issue, no constitutional provisions are implicated.”

The FEA did not immediately say what further legal plans it had regarding the vouchers program.

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David Simmons weighing Florida attorney general, congressional runs

While giving his blessing to state Rep. Jason Brodeur to run for his current post, state Sen. David Simmons says he’s weighing his options to go after the Florida attorney general’s post, Florida’s 7th Congressional District seat, which Democrats just flipped, or staying full-time with his growing law firm.

The attorney general option could come sooner rather than later, as Attorney General Pam Bondi is widely reported to be in the running for a position in President-elect Donald Trump‘s administration.

If Bondi leaves, Gov. Rick Scott would be appointing a successor. If she stays, she’ll be term-limited out in 2018, the same year that U.S. Rep. Stephanie Murphy comes up for her first re-election bid in CD 7, a seat Republicans had held for generations before her arrival. Simmons said it was premature to say if he has spoken to Scott about the prospect of being appointed as attorney general.

One way or the other, Simmons, a Longwood Republican, leaves by 2020, when he term-limits out. That’s the year for which Brodeur, a Sanford Republican, announced he was filing to run to succeed Simmons in Florida Senate District 9, which covers Seminole County.

“I am looking at my options,” Simmons told FloridaPolitics.com.

“I know that in 2018 the attorney general position will be open, and maybe earlier. And so, at this point in time, we’ll see what happens,” Simmons said. “And then of course, with the events that occurred in Nov. 2016, I believe that there is a need to have a Republican who represents Congressional District 7. And so I’ll look at option as well. When it gets to be 2020, or 2018 — you know how politics is volatile that we don’t’ know what’s going to happen, and who is going to be running for what positions — predicting what is going on is a very difficult thing.”

Becoming just a private attorney with de Beaubien Simmons Knight Mantzaris & Neal also is attractive, he added. That firm, now using the logo DSK Law, has been growing rapidly and now has 50 lawyers and a full-spectrum practice, headquartered in Orlando with offices in Tampa and Tallahassee. Simmons is the financial managing partner, and practices large commercial litigation trial law.

Simmons first entered the Florida House in 2000 and was elected to four terms. He ran and was elected to the Senate in 2010.

The state attorney general’s prospect appears to be leading his current interests. Simmons said he and Bondi are close friends, and was hesitant to speculate about whether she would leave early, or — out of respect — whether he already was posturing to replace her.

Yet Brodeur’s relatively early announcement of interest in Simmons seat may signal that at least Brodeur anticipates that Simmons’ seat might open up soon.

“Certainly I am very interested in the attorney general’s position,” Simmons said.

“I am an attorney who has been involved in the practice of law, has three board certifications, all of them relating to the active practice of law, and having been now the Legislature and the Senate, and having been actively involved in many major issues.”

Simmons said he supports Brodeur to replace him.

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Florida GOP lawmakers hosting annual ‘Mardi Gras’ fundraiser weekend before start of Session

Ever wanted to ask Senate President Joe Negron what he’d do to earn some Mardi Gras beads?

Well, you’ll have the chance to do just that if you take part in a “Mardi Gras Celebration” at Universal Studios in Orlando where Negron, Speaker Richard Corcoran, Senate Presidents-to-be Bill Galvano and Wilton Simpson and House Speakers-to-be Jose Oliva and Chris Sprowls and other legislative leaders will come together for a fundraiser the weekend before the start of the 2017 Legislative Session.

According to an invitation obtained by FloridaPolitics.com, on March 4-5, the Republican lawmakers will take part in a full schedule of activities, including VIP tours. There will be a lunch and dinner, followed by a VIP viewing of a Mardi Gras Celebration Parade & Concert.

Funds raised at the event will benefit House Majority 2018, one of the campaign arms of the Republican Party of Florida.

Presumably, it would be during the parade when an adventurous donor could trade some beads for a check — if only doing so were not against the gift ban.

Let’s hope Negron, Corcoran and Co. do not partake too much in the Mardi Gras festivities. The legislative session will kick-off just two days later.

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Supreme Court throws out school vouchers case

The Florida Supreme Court on Wednesday said it will not take up an appeal on a high-profile school vouchers case.

The decision comes as a major setback to vouchers opponents, including the Florida Education Association (FEA), the statewide teachers’ union, but was applauded by school choice advocates. (Separate story on the FEA’s reaction here.)

The court denied a request to review the case, but did not comment on its merits. “No motion for rehearing will be entertained by the Court,” its 2-paragraph order said.

“Who is allowed to challenge the constitutionality of the tax credit vouchers?” FEA President Joanne McCall said in a statement. “This ruling, and the decisions by the lower court, don’t answer that question.” McCall is the lead plaintiff in the case.

Justices Barbara Pariente, Peggy A. Quince, Charles Canady and Ricky Polston concurred in the decision. Justice R. Fred Lewis dissented, saying he would have granted oral argument.

The nonprofit organization that administers legal battle over the nation’s largest private school choice program is over,” in a blog post.

Doug Tuthill, president of the nonprofit Step Up For Students organizationhe court has spoken, and now is the time for us all to come together to work for the best interests of these children.”

His organization and other supporters had put on a pro-vouchers rally last year featuring Martin Luther King III, the oldest son of Dr. Martin Luther King Jr. The FEA held its own “Enough is Enough!” rally days before.

“We face enormous challenges with generational poverty, and we need all hands on deck,” Tuthill added in a statement.

The program “provides for state tax credits for contributions to nonprofit scholarship funding organizations (SFOs). The SFOs then award scholarships to eligible children of low-income families,” its website says.

The tax credit cap for the current year is $559 million, according to the state. That cap will increase to $698,8 million for the 2017-2018 state fiscal year.

House Speaker Richard Corcoran also issued a statement, calling the move “a great victory for school children, parents, and classroom teachers who want the best for their students.” The program is a favorite of legislative Republicans.

“I thank the many organizations, pastors, parents, and children who advocated for fairness and justice in our education system and wish them all a great school year,” said Corcoran, a Land O’ Lakes Republican.

The Supreme Court’s inaction leaves in place a 1st District Court of Appeal decision, siding with a lower court’s decision to throw out the lawsuit filed by the Florida Education Association and others.

They had argued that the state’s method of funding private-school educations for more than 90,000 schoolchildren this year is unconstitutional.

The appeals court said the plaintiffs haven’t been harmed by the program, and denied that it violates state law. The vouchers are funded by corporations, which in turn receive tax credits on money they owe to the state.

Florida has several voucher programs in place; the one being challenged extends vouchers to low-income families, most of them black or Hispanic, who send their children to religious schools.

It began in 2001 under Gov. Jeb Bush, and legislators later approved expanding it to middle-income families.

The teacher union argued that it violates the state’s constitution by creating a parallel education system and directing tax money to religious institutions.

But Judge Lori Rowe, who wrote the 1st DCA opinion, said the plaintiffs lack legal standing to sue because they had not shown that other school funding had declined because of the program, or provided other proof of “concrete harm.”

Rowe added that the tax credit scholarship program doesn’t violate a constitutional ban on state aid to religious institutions because it involves the taxing, and not the spending power, of the Florida Legislature.

The Florida Coalition of School Board Members (FCSBM) weighed in later Wednesday morning, saying “Florida is on the right side of history.”

“I am proud to live in a state where educational choices for families are embraced and upheld,” said Shawn Frost, FCSBM president. “… “Let’s return Florida’s focus to where it belongs: on our students.

“We must commit to meeting each child’s unique needs, and improving academic outcomes for all,” Frost said. “When choices work for a child, we should celebrate that success not be threatened by it.”

Background for this post from The Associated Press, reprinted with permission. 

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Sierra Club challenges nearly $1 billion electric rate hike

An environmental group is challenging a rate hike for Florida’s largest electric utility.

The Sierra Club on Tuesday asked the state Supreme Court to reject an $811 million hike that was approved last year for Florida Power & Light. FPL has about 4.8 million customers in the state.

FPL initially wanted a $1.3 billion hike but scaled it back during settlement negotiations. The hike was approved by the Florida Public Service Commission, and part of it took effect this month.

Company officials said the higher rates would help pay for improvements, including a new natural gas plant.

But Sierra Club officials maintain state law required FPL to present “substantial evidence” to prove the gas plants were needed. They assert the company never showed if it considered options such as solar.

Republished with permission of The Associated Press.

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Denise Grimsley eyeing Ag. Commissioner run in 2018

Add state Senator Denise Grimsley to the growing list of Florida politicos thinking about 2018.

The Sebring Republican said Tuesday that she is considering a 2018 run for Agriculture Commissioner. A registered nurse and hospital administrator, Grimsley said in a interview via text message that agriculture has always played a big role in her life.

“It’s a big decision and one I’ve been discussed with both my family and my employer,” she said. “Agriculture has always been a big part of my life and having someone hold the office who brings the unique qualification of hands on farming and ranching is important to me.”

While most 2018 chatter has been about who will occupy the Governor’s Mansion, the race to be the next Agriculture Commissioner has been thrust into the spotlight in recent days. Former House Speaker Steve Crisafulli announced last week he would not run for the office in two years.

With deep roots in the state’s agriculture community, Crisafulli was considered to be a frontrunner to win the Republican nomination to succeed Agriculture Commissioner Adam Putnam, who can’t run for re-election because of term limits.

His decision to pass on 2018 leaves a wide open Republican field, and could give Grimsley an edge.

A fifth generation Floridian, Grimsley was first elected to the Florida House in 2004, where she served until 2012. Grimsley was elected to the Florida Senate in 2012. She ran unopposed in 2016 and easily won re-election. She served as the Senate’s deputy Majority Leader from 2014-16.

A member of the Highlands County Citrus Growers Association, Grimsley touts the work she’s done for the agriculture community on her Facebook page.

“Over the past few years, we have partnered together in assisting farmers affected by natural disasters and raising the profile of Florida’s first-class agricultural community; communicating the economic development challenges and needs of small counties and rural areas; (and) finding common sense solutions for quality health care and the desperate need for more qualified health professionals like nurses,” she wrote.

Grimsley isn’t the only name being floated as a possible 2018 contender. Rep. Matt Caldwell, a North Fort Myers Republican, is also believed to be eyeing the office. Last week told FloridaPolitics.com that he has discussed the possibility with his wife, who has said she is “comfortable with that if that’s the decision” he makes.

Caldwell cannot run for re-election in 2018 because of term limits.

Also in the mix are state Reps. Ben Albritton and Halsey Beshears.

In a statement Wednesday, Grimsley said she expects to make a decision about 2018 soon.

“I’ve been humbled by all the calls I’ve received offering support,” she said. “You can expect to hear more soon.”

Jenna Buzzacco-Foerster contributed to this story.

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Steve Bahmer: Nursing home care in Florida has come a long way in the last 30 years

Steve Bahmer

Since the early 1980s, when the state Agency for Health Care Administration conducted its last major overhaul of the Medicaid payment system for nursing homes, the quality of care in Florida nursing homes has vastly improved.

Although there are still exceptions, Florida is no longer home to the flood of nursing home horror stories that Sunshine State residents heard so frequently, and from so many homes, in the early ‘80s.

Improved regulatory oversight at AHCA and a payment system that rewarded nursing homes for providing high-quality care, among other factors, combined to slowly move Florida into the top tier of states in terms of nursing home quality.

In 2014, the organization Families for Better Care gave Florida nursing homes an ‘A’ grade, one of only 10 states to receive that grade, and it rated Florida fifth overall in the country in terms of care quality. In its 2015 rankings of the nation’s best nursing homes, US News & World Report listed Florida behind only California and Ohio for the number of 5-Star nursing homes in the state.

This may all be about to change.

Earlier this month, AHCA submitted a plan to the Governor and the Legislature for a new approach to nursing home Medicaid payments. The plan was intended to establish an equitable payment system that includes incentives for high-quality care, that simplifies the payment process, and that ultimately controls costs and makes legislators’ budgeting for Medicaid spending on nursing homes more predictable.

What the plan will actually do is penalize the nursing homes that for the last three decades have invested in delivering the highest quality of care possible, while rewarding homes that have remained at the bottom of the quality barrel.

Under AHCA’s proposal, 143 nursing homes that are rated as 4 or 5-star homes would lose significant funding. Meanwhile, 86 nursing homes that received a 1 or 2-star rating would receive additional funding. In fact, a single nursing home chain would reap $16.5 million of that unearned windfall.

Clearly, this is neither equitable nor fair. Moreover, the proposal does nothing to control Medicaid spending on long-term care, or even to make budgeting meaningfully more predictable. The Legislature decides when to fund a rate increase for nursing homes, something it has not done since 2011, and the current payment system includes caps and limits on payments.

Quality care costs money, and those costs are largely driven by staffing levels – the number of nurses and nursing assistants who are available at any given time to care for a frail senior in a nursing home. The best way to ensure that nursing home residents receive quick, consistent, quality care is to ensure a sufficient number of skilled, caring, long-tenured staff to provide that care.

Under the AHCA proposal, however, nursing homes with the highest staffing levels would lose funding, while those with the lowest staffing would gain dollars.

Nursing home care is not improved, or even sustained, by stripping funding from those that have invested in delivering high quality and shifting it to those that, for whatever reason, have not chosen to make that investment. Despite claims in earlier news reports, the plan does not require that the low performers spend any of their new money on care, nor is there any mechanism in the plan to ensure that quality improves.

AHCA’s proposal is not likely to achieve any of the agency’s stated goals.

It is likely, however, to reverse 30 years of progress in improving quality in the homes that care for Florida’s most vulnerable seniors, and the Legislature simply must reject it.

___

Steve Bahmer is president and CEO of LeadingAge Florida, a nonprofit organization that advocates for quality senior care and services.

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