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Perez faces another charge of extortion

May 5, 2009 · Comments Off

Avon Park Police Officer Alberto Perez was out of jail Friday on a $6,000 bond following his second arrest Thursday for allegations of police misconduct.

Perez, 34, was arrested on warrants charging extortion or threats and official misconduct.

On June 28, 2008, Perez reportedly responded to a two-vehicle accident at the intersection of Main Street and South Lake Avenue in Avon Park, according to the probable cause affidavit.

The driver of a Dodge truck was responsible because he reportedly rear-ended a van with his vehicle. Perez arrived at the accident and took the truck driver’s license. The officer told the Hispanic male that his license was invalid and that he could be arrested, the affidavit stated.

“OK, take me to jail,” the man reportedly told Perez.

Perez allegedly told the man he could keep him out of jail if he paid the officer $300. The driver then got the money out of his truck and put it in the back of Perez’s ticket book, according to the affidavit. The man was released and given a copy of the crash report.

via Perez faces another charge of extortion.

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State says Scott Wagman’s house party invite not illegal

May 4, 2009 · Comments Off

State says Scott Wagman s house party invite not illegal ST. PETERSBURG- The Florida Elections Commission has cleared mayoral hopeful Scott Wagman of any wrongdoing for a supporter s failure to put the proper political disclaimer on a house party invitation. Mark S. Adams 30 of St. Petersburg filed the complaint on the same day Bay Buzz wrote about the questionable invite to lawyer Lucas Fleming s house for a meet and greet with Wagman. Fleming created the invite using Wagman s campaign logo. The invite did not have a political disclaimer as required by state law. “The complaint is legally insufficient because it appears that the invitation was created and paid for by someone other than Respondent s campaign ” Charles A. Finkel interim executive director of the elections commission wrote this week. Adams has 14 days to appeal. We have no clue what Adams does or if he is tied to anyone s campaign so if you do let us know. Cristina Silva Times staff writer

via State says Scott Wagman’s house party invite not illegal.

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Do Florida’s Sunshine laws cover texting? — OrlandoSentinel.com

May 4, 2009 · Comments Off

Text messaging is an everyday habit for many, but if public officials use it to talk about public business, they could be violating the law.

One area city commission has this solution: a ban on texting during public meetings.

Deltona officials recently barred themselves from texting during meetings to avoid the chance that hand-held devices could be used to skirt laws on open government and public records.

Among cellular services, AT&T doesn’t save text messages, and Verizon stores them for only a day. Sprint archives text messages for up to five days and has retrieved texts requested under law-enforcement warrants. Other than that, the only way to see messages is on the phone itself, if they have not already been deleted.

Still, there’s a risk if Commissioner A is texting Mayor X about a vote.

“That is clearly illegal,” said Barbara Petersen, foundation president and chairman of the governor’s Commission on Open Government Reform.

via Do Florida’s Sunshine laws cover texting? — OrlandoSentinel.com.

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Leesburg teen text about planned brawl, then fight — OrlandoSentinel.com

May 4, 2009 · Comments Off

Police later learned that a text message had been going around school Wednesday. The message told “students to meet at the bus stop because a fight was going to take place.”

via Leesburg teen text about planned brawl, then fight — OrlandoSentinel.com.

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PAT RICE: Caught in the spotlight? Just blame the media! | college, media, news – News – Northwest Florida Daily News

May 4, 2009 · Comments Off

That refrain was heard last week, when the college’s board of trustees fired college President James “Bob” Richburg.

The firing came a couple of weeks after a grand jury indicted Richburg for official misconduct and perjury, both felonies.

The grand jury was formed in January, after the college came under scrutiny for its relationship with state Rep. Ray Sansom, R-Destin. Sansom also has been charged with official misconduct.

In November, Richburg hired Sansom for an unadvertised, part-time job at the college that paid $110,000 a year. The hiring occurred the same day Sansom became speaker of the Florida House.

via PAT RICE: Caught in the spotlight? Just blame the media! | college, media, news – News – Northwest Florida Daily News.

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Broward Health: Former prosecutor warns commissioners to watch their ethical steps

May 4, 2009 · Comments Off

The U.S. Attorney’s Office has been increasingly aggressive in prosecuting public corruption in South Florida in recent years, and a former assistant U.S. attorney has warned North Broward Hospital District commissioners to be careful.

via Broward Health: Former prosecutor warns commissioners to watch their ethical steps.

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Supreme Court to consider life in prison for juveniles | U.S. | Reuters

May 4, 2009 · Comments Off

WASHINGTON (Reuters) – The U.S. Supreme Court said on Monday that it would decide the constitutionality of giving juveniles who commit crimes other than murder a sentence of life in prison without the chance of release.

The nation's high court agreed to hear two Florida cases, one involving a 13-year-old convicted of raping an elderly woman and the other involving a 17-year-old who took part in an armed home-invasion robbery while on probation for an earlier violent crime.

via Supreme Court to consider life in prison for juveniles | U.S. | Reuters.

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Charlotte County judge who ordered domestic battery victim arrested faces reprimand | HeraldTribune.com | Sarasota Florida | Southwest Florida’s Information Leader

May 4, 2009 · Comments Off

The Florida Supreme Court could publicly reprimand County Judge Peter A. Bell for having a domestic battery victim arrested in his courtroom last year.

The woman had appeared at a hearing as the victim of violence from her ex-husband, a local attorney who often appears in Bell’s courtroom. The attorney also had attended Bell’s church, disciplinary records state.

via Charlotte County judge who ordered domestic battery victim arrested faces reprimand | HeraldTribune.com | Sarasota Florida | Southwest Florida’s Information Leader.

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Judge: Can’t order board to let kids miss school | Lawinfo Weblog

May 4, 2009 · Comments Off

Judge: Can’t order board to let kids miss school

May 4th, 2009 · No Comments

MONTGOMERY, Ala. (AP) — A mother and father in Alabama want a judge to force school officials to let their sons do their school work from home because of the swine flu scare, but the judge said no.

Montgomery County Circuit Judge Charles Price said Monday he did not have authority to order school officials in nearby Elmore County to allow the 7 and 8-year-old sons of attorney Jerry Blevins to do their work from home for the rest of the school year. The parents filed a lawsuit Friday seeking the order.

Price said Blevins and his wife, Carol, could withdraw their children from school and home school them or enroll them in a private school. He said any parent has that right.

Price said he would issue a written order later Monday.

Copyright 2009 The Associated Press.

via Judge: Can’t order board to let kids miss school | Lawinfo Weblog.

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Local Governments Using Kelo to Condemn Property Despite State Law

May 4, 2009 · Comments Off

You’ll recall that when the new, broader standard for government takings came down in Kelo v. City of New London, states rapidly passed legislation limiting such takings (see a map of how states dealt with Kelo here). More than forty states passed laws excluding the term “economic development” from the reasons government may take a property.

However, property owners are learning the hard way that this exclusion probably was not enough. Most states still allow localities to condemn properties deemed to be “blighted.” Governments are construing this undefined term so broadly that almost any property could be determined to fit the definition.

Fastcase – Accelerated Legal Research: Local Governments Using Kelo to Condemn Property Despite State Law.

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