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Tag: James Uthmeier

  • House unanimously passes bill in response to Hope Florida saga

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    Florida State Rep. Alex Andrade, R-Pensacola, and Florida Attorney General James Uthmeier talk during the first day of the legislative session at the Florida State Capitol on Tuesday, March 4, 2025, in Tallahassee, Fla.

    Florida State Rep. Alex Andrade, R-Pensacola, and Florida Attorney General James Uthmeier talk during the first day of the legislative session at the Florida State Capitol on Tuesday, March 4, 2025, in Tallahassee, Fla.


    Photo by Matias J. Ocner

    mocner@miamiherald.com

    Tallahassee

    The Florida House on Wednesday unanimously passed a bill that would prohibit the diversion of money to a third party in a state settlement— a direct response to the DeSantis administration’s maneuvering during the 2024 election.

    Rep. Alex Andrade, a Republican Pensacola lawyer who runs the House budget committee, filed the bill, HB 593. He used his committee last year to investigate how the DeSantis administration secretly diverted $10 million from a $67 Medicaid settlement to the Hope Florida Foundation, with most of the money ending up in a political committee run by the governor’s chief of staff.

    The Legislature was never notified of the agreement, finalized in September of 2024 as Gov. Ron DeSantis was struggling to raise money for his campaign to defeat ballot initiatives that would have overturned the state’s six-week abortion ban and legalized recreational marijuana. Both failed despite receiving support from a majority of voters.

    After receiving the $10 million, the charity split the money between two “dark money” non-profits that aren’t required to disclose their donors. Those groups then gave most of the money to a political committee controlled by DeSantis’ chief of staff, James Uthmeier, whom the governor later appointed as attorney general. Uthmeier has denied wrongdoing and claimed victory in defeating the amendments. He has defended the ability to coordinate with outside groups while serving in the government.

    “The state was victorious,” Uthmeier told reporters earlier this month. “So, at the end of the day, I think it’s a good result.”

    Uthmeier has never answered questions directly about his involvement in overseeing the transactions, citing an ongoing grand jury deliberation on whether crimes were committed. In his final committee meeting about Hope Florida last April, Andrade accused Uthmeier and the charity’s attorney, Jeff Aaron, of engaging “in a conspiracy to commit money laundering and wire fraud.”

    Andrade’s bill would make the diversion of the funds to a third party in a state settlement “an official definitive crime against the state,” he said on Wednesday before its passage. The bill requires the Legislature to get notice of settlements. It would go into effect in July and isn’t retroactive.

    “We have public officials who don’t feel obligated to act transparently, and don’t have any concerns about shaving funds owed to the state off the top, and then diverting them to their own intended uses,” Andrade said. “If we don’t know what statewide settlements are happening on a day-to-day basis, I feel like that’s a significant vulnerability.”

    The bill would also prohibit someone from using their official capacity to politically fundraise. Andrade said that provision was in a similar bill last year, meaning it wasn’t related to his Hope Florida probe, which began after the Herald/Times reported on issues with the program and charity last March.

    Andrade is in his final year in office due to term limits. He acknowledged the Senate doesn’t seem interested in passing the bill in its chamber, where similar legislation has never been heard. The Senate president and DeSantis are political allies while the House speaker is estranged after Andrade’s investigation into the Hope Florida saga and conflicts about how best to cut taxes.

    “This legislation is absolutely necessary,” Andrade said. “If it is not passed in both chambers this year, my hope is that it comes back next year, because it’s a concern.”

    House Minority Leader Fentrice Driskell, a Tampa Democrat, thanked Andrade for his “good bill,” particularly the provision that would require agencies to notify legislative leaders, like her, of a settlement, in writing, 10 days after it is signed.

    “When I became aware of Hope Florida, I went back through my records, because actually, as minority leader, I’m entitled to receive notification of settlements with the state,” Driskell said. “But there was none, and there has been no accountability for that.”

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    Alexandra Glorioso

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  • Judge denies Democrats’ lawsuit over ‘Alligator Alcatraz’ access

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    Credit: Shutterstock

    A Leon County circuit judge has rejected a lawsuit filed by five Democratic lawmakers who sought access to the immigrant-detention center dubbed “Alligator Alcatraz,” saying laws about access to state prisons and local jails do not apply to the Everglades facility.

    Judge Jonathan Sjostrom on Friday sided with Gov. Ron DeSantis’ administration in the lawsuit filed after lawmakers made an unannounced visit to the detention center in July but were denied access. The Democrats contended in the lawsuit the denial violated laws allowing access by legislators to correctional institutions.

    Sjostrom, in a five-page ruling, wrote that the laws allow access to facilities such as state prisons and county jails — but not to the immigrant-detention center run by the state.

    “The (immigrant detention) facility does not meet the statutory definition of a state correctional institution because no prisoner is housed in the facility under the jurisdiction of the Florida Department of Corrections,” Sjostrom wrote. “Likewise, the facility does not meet the statutory definition of a county or municipal detention facility because there is no allegation that the (immigrant detention) facility is operated by any county or municipal government or related entity.”

    The state drew national attention when it opened the facility last year at the Dade-Collier Training and Transition Airport as DeSantis and other Florida Republican leaders sought to assist President Donald Trump’s mass deportation of undocumented immigrants. The facility, which is surrounded by the Everglades and Big Cypress National Preserve, also has led to separate legal battles in federal court. The airport had long been used for flight training.

    Sen. Shevrin Jones, D-Miami Gardens, Sen. Carlos Guillermo Smith, D-Orlando, Rep. Anna Eskamani, D-Orlando, Rep. Angie Nixon, D-Jacksonville, and Rep. Michele Rayner, D-St. Petersburg, went to the center on July 3 “to inspect the state detention facility, evaluate the use of taxpayer funds and assess safety pursuant to Florida statutory guidelines,” the lawsuit said.

    “The petitioners (the lawmakers) attempted to arrive unannounced so that they could observe the unadulterated conditions of the facility,” the lawsuit said. “The unannounced inspection of the facility falls squarely within the petitioners’ purview and oversight duties as state officers and members of the Florida Legislature.”

    After they were turned away, the lawmakers filed the case at the Florida Supreme Court on July 10 seeking what is known as a “writ of quo warranto” directing DeSantis and state Division of Emergency Management Director Kevin Guthrie to allow lawmakers unannounced access to the facility. The Supreme Court, without offering an opinion about the lawmakers’ arguments, sent the case to circuit court.

    Amid the controversy, state lawmakers and members of Congress were allowed to visit the facility, though Democrats said the visit was tightly controlled and left unanswered questions.

    In a November response to the lawsuit, attorneys for DeSantis and Guthrie wrote that the laws cited by the Democrats “do not entitle them as individual legislators to enter Alligator Alcatraz at their pleasure.”

    “The facility is not a ‘state correctional institution’ because it is not a ‘prison’ or ‘other correctional facility,’” the response said, partially quoting one law. “‘Prisons’ and ‘correctional facilities’ describe facilities that are part of the criminal justice system. … Instead, Alligator Alcatraz is a short-term civil detention facility in which illegal aliens are held under the authority of the federal government and processed for deportation.”

    In addition to citing the laws about legislators having access to correctional facilities, the lawsuit also raised constitutional separation-of-powers arguments.

    “The denial of the petitioners’ access to the ‘Alligator Alcatraz’ detention facility was an unconstitutional executive overreach because it prevented the duly elected members of the Florida Legislature from exercising their powers,” the lawsuit said. “The petitioners’ denial of entry and access restricted the Legislature’s independence as a co-equal branch of government.”

    But in the November response, the DeSantis administration attorneys said the state Constitution gives the Legislature oversight authority and a law authorizes legislative committees to carry out investigations. But the administration attorneys said individual lawmakers don’t have such powers.

    “Far from the governor or FDEM (the Division of Emergency Management) usurping the authority of another branch of government, it is petitioners who attempt to usurp the authority of the Legislature and its committees by taking matters into their own hands,” the response said.

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    Orlando’s Sen. Carlos Guillermo Smith and Rep. Anna Eskamani are among five Democratic lawmakers who were denied access to the center in July

    DeSantis stayed quiet in the first days following the operation — even though Florida boasts the largest Venezuelan community in the nation

    The ruling on assisted reproduction methods raises a new complication for couples seeking to have kids with outside help



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    Jim Saunders, News Service of Florida
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  • Uthmeier wants recreational pot amendment rejected

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    Attorney General James Uthmeier and two major business groups have urged the Florida Supreme Court to reject a proposed recreational-marijuana constitutional amendment, arguing it is misleading and conflicts with federal law.

    Uthmeier, the Florida Chamber of Commerce and Associated Industries of Florida filed briefs Friday as the Supreme Court prepares to make a pivotal decision about whether the proposed constitutional amendment meets legal tests to go on the November ballot.

    The political committee Smart & Safe Florida is sponsoring the proposal, which would allow people age 21 and older to use recreational marijuana. In addition to needing Supreme Court approval, Smart & Safe Florida must meet petition signature requirements by Feb. 1.

    The Supreme Court is not supposed to consider the merits of proposed constitutional amendments but looks at issues such as whether wording is clear and whether proposals improperly deal with multiple subjects.

    The brief filed by Uthmeier’s office called the pot proposal “fatally flawed.”

    “It misleads voters in a way designed to garner greater approval, is flatly invalid under the federal Constitution and violates the single-subject requirement,” the attorney general’s brief said. “The (Supreme) Court should therefore strike the proposed amendment from the ballot.”

    Uthmeier, who was then Gov. Ron DeSantis’ chief of staff, and the Chamber of Commerce were among leading opponents of a similar proposed constitutional amendment sponsored in 2024 by Smart & Safe Florida. The amendment fell short of receiving the required 60 percent voter approval to pass, leading Smart & Safe Florida to try again to pass an amendment in 2026.

    In a statement Monday, Smart & Safe Florida pushed back against the opponents’ new briefs.

    “In 2024, the Florida Supreme Court rejected nearly identical arguments, upheld a virtually identical amendment and again provided a clear roadmap for ballot approval,” the statement said. “We followed the Court’s guidance, and we anticipate they will again follow Florida law and approve the current ballot language. 5.9 million voters approved of the measure in 2024, and over a million Florida voters have signed petitions to put the current language on the ballot, we hope their voices won’t be ignored.”

    Uthmeier’s office and the business groups contend the proposal is misleading because of an issue about where smoking and vaping marijuana would be barred.

    The proposed ballot summary — the wording voters would see when they go to the polls — says smoking and vaping would be prohibited “in public.” But the opponents contend that conflicts with the detailed text of the amendment, which says smoking and vaping in “any public place” would be prohibited. The text provides a definition of “public place” that includes numerous places such as parks, beaches, roads, sidewalks, schools, arenas and government buildings.

    The opponents argue that the part of the text about barring smoking in public places is narrower than the summary’s description of a ban on smoking in “public” — potentially leading to voters being misled about the effects of the amendment.

    “The ballot summary would lead voters to believe that voting yes would ensure there is no marijuana — or its smell — ‘in public,’ while the actual amendment delivers no such thing,” Uthmeier’s office argued. “The ‘in public’ summary language would likewise deceive Florida parents into thinking this initiative will prohibit marijuana smoking near their children in hotels, restaurants, sports venues, and other areas open to the general public. The initiative provides no such protection.”

    The briefs filed by Uthmeier’s office and the business groups and another brief filed by the Drug Free America Foundation also contend the Supreme Court should block the proposal because marijuana remains illegal under federal law. Pointing to what is known as the Supremacy Clause of the U.S. Constitution, the briefs contend federal law would effectively trump a change to the state Constitution allowing recreational marijuana.

    “Federal law criminalizes the acquisition, cultivation, processing, transportation, and sale of marijuana,” said the Chamber of Commerce brief, which was joined by the Florida Legal Foundation and former state appellate Judge Frank Shepherd. “The proposed constitutional initiative would allow it.”

    The Supreme Court considered arguments about potential conflicts with federal law before allowing the 2024 recreational-marijuana amendment to go before voters. The court’s main opinion said that for such a challenge to succeed, “we must find that a law would be unconstitutional in all of its applications. We decline to make that broad finding here. A detailed analysis of the potential conflict between sections of this (proposed 2024) amendment and federal law is a task far afield from the core purpose of this … proceeding under the Florida Constitution.”

    Five justices approved allowing the 2024 amendment to go on the ballot, with four signing on to the main opinion. Two justices dissented.

    Smart & Safe Florida faces a Jan. 12 deadline for filing arguments at the Supreme Court.

    The political committee also must submit at least 880,062 valid petition signatures to the state by Feb. 1. While it indicated in Monday’s statement it had collected more than 1 million signatures, the state Division of Elections website showed 675,307 valid signatures had been tallied.

    Smart & Safe Florida last week filed a lawsuit in Leon County circuit court alleging state elections officials had improperly directed the invalidation of about 72,000 signatures.

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    Jim Saunders, News Service of Florida

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  • Florida AG sues Starbucks over what he says is race-based hiring

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    Florida Attorney General James Uthmeier on Wednesday filed a lawsuit alleging Starbucks Coffee Co. has violated a state civil-rights law through race-based hiring and race-based compensation decisions.

    “Defendant (Starbucks) has implemented employment policies that favor persons belonging to only certain favored races — in other words, defendant has engaged in discrimination against persons belonging to non-favored races — namely, white, Asian, and multiracial people,” Uthmeier’s office said in the lawsuit filed in Highlands County.

    The lawsuit came after Uthmeier’s office on Nov. 26 said it was dismissing a case against Starbucks that was filed last year at the state Division of Administrative Hearings. In the dismissal, it indicated it would pursue the issue in state or federal court.

    Starbucks dispute the allegations in the Division of Administrative Hearings case, saying in a document last month that the state did not “identify any person in Florida who should be awarded the unspecified monetary relief sought by the OAG (Office of the Attorney General), nor does it identify any injury to such person — for example, an adverse employment action against the individual or a comparator to raise an inference that such action was motivated by discrimination. Instead, the OAG seeks to proceed solely based on speculation that respondent’s (Starbucks’) goals or initiatives theoretically could give rise to discrimination.”

    But in the lawsuit filed Wednesday, Uthmeier’s office alleged that for the “past five years and continuing to the present day, defendant has excluded or disfavored nonminorities in numerous employment practices and programs.”

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    News Service of Florida

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  • Campbell’s says it uses ‘100% real chicken’ after Uthmeier moves to investigate

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    Credit: Shutterstock

    A day after Florida Attorney General James Uthmeier said that his office is investigating allegations that the Campbell’s Soup Co. uses bioengineered meat in their soups, the company is strongly denying that claim.

    Uthmeier weighed in Monday following the release of comments made in a secret audio recording of a vice president of the company criticizing Campbell’s “bioengineered meat” and “chicken from a 3-D printer.”

    “We have s*** for f***** poor people,” part of the recording said, as reported by WDIV Local 4 in Detroit. “Who buys our s***? I don’t buy Campbell’s products barely anymore. It’s not healthy now that I know what the f*******‘s in it. Bioengineered meat — I don’t wanna eat a piece of chicken that came from a 3-D printer.” (Elisions by Florida Phoenix)

    Uthmeier seized on the media report.

    “Florida bans lab-grown meat,” the attorney general posted on X Monday. “Our Consumer Protection division is launching an investigation and will demand answers from Campbell’s.”

    When reached for comment, a spokesperson for Campbell’s directed the Phoenix to a newly created page on the company’s website that says: “The chicken meat used in Campbell’s soups come from long-trusted, USDA approved U.S. suppliers and meets our high-quality standards. Campbell’s does not use 3D-printed chicken, lab-grown chicken, or any form of artificial or bioengineered meat in our soups.”

    Florida banned lab-grown meat in 2024

    Florida became the first state in the country to ban the selling, manufacturing, or distribution of lab-grown or “cultivated meat” in 2024. Since then, six states have followed suit, according to the National Agricultural Law Center. The bill was sponsored by now-Florida Lt. Gov. Jay Collins in conjunction with the Florida Department of Agriculture.

    “There are many concerns right here and, until we have those studies and there’s proof positive that this process is going to work, we want to ban this in the state of Florida because it’s just not there quite yet,” Collins told a Senate committee about the legislation.

    The label on Campbell’s soups says that the company uses “bioengineered food ingredients,” but the company says that “[b]ioengineered food ingredients refers to genetically modified crops — canola, corn, soybean, sugar beets, etc. that are grown by the vast majority of American farmers. This language on our labels refers to ingredients derived from those crops, not chicken.”

    Cultivated meat is animal meat (including seafood and organ meats) produced by growing animal cells directly. According to the Good Food Institute, cultivated meat is made of the same cell types that can be arranged in the same or similar structure as animal tissues, thus replicating the sensory and nutritional profiles of conventional meat.

    While it’s been hailed by its supporters as better for the environment, a 2023 report from the University of California at Davis found that lab-grown or “cultivated” meat’s environmental impact is likely to be “orders of magnitude” higher than retail beef based on existing and near-term production methods.

    Lawsuit

    Upside Foods, one of two companies in the country authorized to sell cultivated meat, filed a lawsuit against the state after it banned its product, raising claims under the Commerce Clause and the Supremacy Clause of the U.S. Constitution.

    In April of this year, Federal Judge Mark Walker threw out four parts of that lawsuit, but did not dismiss the suit outright, according to the Associated Press. Upside Foods argued the case before the U.S. Court of Appeals for the Eleventh Circuit earlier this month.

    WDIV-TV in Detroit was the first station to report about the audio recording, which surfaced in a story about a former employee at Campbell’s, Robert Garza, who filed a lawsuit in Michigan. Garza claims he was fired after he complained about Campbell’s VP for Information Technology Martin Bally, who can be heard in a video released by the TV station blasting the quality of Campbell’s Soup and the people who buy it.

    Regarding the audio recording, Campbell’s said this in a statement:

    “We are proud of the food we make, the people who make it and the high-quality ingredients we use to provide consumers with good food at a good value. We know that millions of people use Campbell’s products, and we’re honored by the trust they put in us. The comments heard on the recording about our food are not only inaccurate — they are patently absurd.”

    Campbell’s added that “the alleged comments heard on the audio were made by a person in IT who has nothing to do with how we make our food.”

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    Despite a legal setback, Smart & Safe Florida insists they still can qualify for the 2026 ballot

    Florida’s AG said his office is investigating allegations that Campbell’s uses bioengineered meat in their soups

    A former employee recorded the exec’s hour-long rant that included racist speech, admitting to working high off edibles and more



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    Mitch Perry, Florida Phoenix
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  • Florida AG to investigate Campbell’s after VP exposed for saying soup is bioengineered ‘sh-t for poor people’

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    Los Angeles, CA/USA 04/03/2019 Tin cans of Campbell’s tomato soup for sale in a supermarket shelf Credit: Shutterstock

    Florida Attorney General James Uthmeier said Tuesday the state’s Consumer Protection division is launching an investigation into canned soup company Campbell’s use of lab-grown meat. 

    The announcement comes as a former Campbell’s employee launches legal action against the company following a meeting with the vice president that turned into an hour-long rant mocking “poor people,” calling Indian employees “idiots,” admitting to working high off edibles and using bioengineered meat.

    Robert Garza, a former cybersecurity analyst from Michigan, was working for Campbell’s Camden, New Jersey headquarters when he met with Vice President and Chief Information Security Officer Martin Bally for a standard salary discussion. Garza recorded the conversation that ultimately left him feeling “pure disgust,” he told Detroit’s Local 4 News. 

    “We have shit for fucking poor people. Who buys our shit? I don’t buy Campbell’s products barely anymore,” Bally is allegedly heard saying.

    “It’s not healthy now that I know what the fuck’s in it.”

    He goes on to claim the meat used in Campbell’s products is fake.

    “Bioengineered meat — I don’t wanna eat a piece of chicken that came from a 3-D printer. Do you?”

    He’s also heard using racist remarks to blast Indian employees. 

    “Fucking Indians don’t know a fucking thing.”

    “They couldn’t think for their fucking selves … I’m like ‘You dumb fucks.’”

    Garza also recorded Bally saying he regular comes to work high off of marijuana edibles. 

    A Campbell’s spokesperson has said Bally is “temporarily on leave while we conduct an investigation.”

    “If the comments were in fact made, they are unacceptable. They do not reflect our values and the culture of our company. We were not aware of the recording,” a spokesperson said in a statement. “We are proud of the food we make, the people who make it and the high-quality ingredients we use. The comments heard on the recording about our food are not only inaccurate — they are patently absurd.”

    Campbell’s spokesperson shared with Orlando Weekly a webpage that reads:

    “The chicken meat used in Campbell’s® soups comes from long-trusted, USDA approved U.S. suppliers and meets our high quality standards. Campbell’s® does not use 3D-printed chicken, lab-grown chicken, or any form of artificial or bioengineered meat in our soups.”

    Garza says he was fired from his job for coming forward. He told Local 4 News the company has not followed up with him after he has released the audio and raised concerns about the workplace environment.

    In Florida, AG Uthmeier is most concerned with the admission of the company’s alleged use of bioengineered meat.

    He wrote on social media Monday, “Florida law bans lab-grown meat. Our Consumer Protection division is launching an investigation and will demand answers from Campbell’s.”

    Florida’s ban on lab-grown meat was signed into law in May 2024 by Gov. Ron DeSantis. It went into effect the following July. 

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    “This whole thing is a made-for-television event, and it’s specifically made for television for the CFO’s reelection”

    An audit found “funding did not follow the child” to private schools or homeschool

    Decker, who was on assignment for three news outlets, was covering a protest action by Sunshine Movement, which saw many of its members arrested.



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    Chloe Greenberg
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  • Florida AG Asks Lawmakers to Elevate Illegal Gambling Penalties

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    Posted on: November 25, 2025, 08:09h. 

    Last updated on: November 25, 2025, 08:10h.

    • Florida AG Uthmeier wants the state to increase penalties for running an illegal gambling business
    • Florida currently only levies misdemeanor charges against unlicensed gambling enterprises

    The attorney general of Florida enforces the law but cannot make it. He’s pleading with state lawmakers in Tallahassee to update penalties related to illegal gambling convictions.

    Florida gambling illegal casino arcade
    The Triple Cherry Arcade in Fort Myers is an illegal gambling outfit disguised as an arcade. Florida Attorney General James Uthmeier is calling on state lawmakers to increase penalties for running an illegal gambling operation from misdemeanors to felonies. (Image: Google Maps)

    On Monday, following yet another high-profile case involving an illegal gambling business, this one involving a county sheriff and his wife who were allegedly involved in the criminal enterprise, Florida Attorney General James Uthmeier “encouraged” the legislature to elevate penalties against those convicted of operating unlicensed gambling houses from misdemeanors to felonies.

    Not only does it violate our state’s rule of law and put our consumers at risk, but it often breeds other illicit acts, like human and drug trafficking, money laundering, and racketeering. Right now, people can stand to make millions off unlawful gambling operations and just end up with a slap on the wrist,” Uthmeier said.

    “This is not sending the right message,” Uthmeier continued. “It is not enough of a deterrent. I encourage the Florida Legislature to pursue heightened criminal penalties and increase the current misdemeanor charge to a felony.”

    Sun Setting on Illegal Gambling? 

    Florida has the highest concentration of retirees in the country. About 21% of the Sunshine State’s population is aged 65 and older.

    Many older adults enjoy playing slot machines. But with Las Vegas-like slots limited in Florida to the Seminole Tribe’s six land-based casinos and slot machines within Miami-Dade and Broward counties, many illegal gambling “arcades” have popped up from the Everglades to the Panhandle.

    The unregulated businesses commonly offer newer slot terminals found in casinos across the nation. But unlike legal gambling enterprises, the games are not monitored for fair play.

    In Florida, slot machines are required to have a minimum payout rate of 85%. At unregulated gambling arcades, some machines have been set to as low as 18%.

    Unregulated gambling businesses often lack responsible gaming safeguards, and the venues typically have lax security protocols.

    The possible financial gain, with many of the illegal businesses reportedly raking in millions of dollars a year, outweighs the possible misdemeanor penalties, says Uthmeier.

    It’s time to ensure that the consequences for this illicit behavior correspond with the dangers it brings into our communities,” Uthmeier said.

    The attorney general said law enforcement has taken down numerous large-scale illegal gambling operations that have spanned in the “tens of millions of dollars.” However, much law enforcement work regarding illegal gambling remains, as many of the bad actors open new illegal gambling arcades following their misdemeanor convictions.

    Bill Introduced

    Legislation to increase illegal gambling convictions in Florida to felonies died in the state House of Representatives earlier this year. When the legislature convenes for its 2026 session in January, the discussion will continue.

    State Sen. Jennifer Bradley (R-Union) and Rep. Dana Trabulsy (R-St. Lucie) have pre-filed gaming bills in their respective chambers to levy felony charges in the third degree against persons found to be running an illegal gambling business. A person found guilty of a third-degree felony in Florida faces “a term of imprisonment not exceeding five years.”

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    Devin O’Connor

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  • Florida AG asks judge to toss out challenge to kratom 7-OH ban

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    Credit: FDLE @fdlepio/X

    Attorney General James Uthmeier is asking an administrative law judge to toss out a challenge to an emergency rule banning the sale and manufacture of a concentrated byproduct of kratom, known as 7-OH.

    Uthmeier on Aug. 15 issued the rule prohibiting the alkaloid 7-hydroxymitragynine, known as 7-OH, and adding it to the list of the state’s most dangerous drugs, saying the ban was needed “to avoid an imminent hazard to the public safety.”

    The rule went into effect immediately and will last for a year, though Uthmeier is working with the Legislature to make it permanent. The concentrated byproduct of kratom was available at smoke shops throughout the state.

    Companies that sell 7-OH and users of the product filed a complaint at the state Division of Administrative Hearings last week alleging that the emergency ban is invalid, in part, because Uthmeier’s office failed to follow proper rulemaking procedures and it “was not adopted under a procedure which was fair under the circumstances.”

    But in a motion to dismiss filed Tuesday, lawyers for Uthmeier said the rule complied with state requirements and asked Administrative Law Judge Robert Cohen to dismiss the complaint.

    The attorney general is only required to consider certain factors to justify a finding of “imminent hazard to the public safety” warranting an emergency rule, Uthmeier’s lawyers argued. Such factors relate to potential abuse and a history and current pattern of abuse, as well as the scope, duration and significance of abuse, the motion to dismiss said.

    The complaint raised numerous questions about the emergency rule, including whether there were “less onerous alternatives” to address the purported need for the ban on 7-OH.

    Tuesday’s motion, in part, argued that the complaint “exceeds the scope of a permissible challenge” under Florida administrative law.

    An administrative law judge “looks only to the reasons set forth by the agency as the basis for adopting the rule to determine its validity, and it is not the court’s ‘responsibility to determine whether other means may have been more appropriate,’” the attorney general’s lawyers argued.

    The complaint “goes well beyond … permissible parameters” for a rule challenge, “pleading as disputed facts what the petitioners would do if they were king for a day,” the state’s lawyers added.

    The complaint was filed on behalf of The Mystic Grove, LLC, a Florida-based company that operates two retail stores; Green Brothers Wholesale, Inc., which distributes hemp, kratom and other smoke-shop products; and six people — identified as K.T., B.M., J.E., A.G., A.R. and M.D. — who use 7-OH products.

    As an example of the people in the case, the complaint said that “M.D.” unsuccessfully struggled for years to kick his opioid addiction.

    “While kratom powder initially helped him reduce his dependence on opiates, it was not until he discovered 7-OH tablets that he was able to achieve lasting control over his addiction,” the complaint said.

    Uthmeier’s lawyers argued the complaint violates administrative law procedures because it “brazenly withholds the names” of the anonymous users “while disclosing lengthy, intimate discoverable facts” about their “family, health and details” of their lives and addictions.

    “The user petitioners then command this tribunal that they will testify only at the hearing, in a secret, confidential session outside of the public. … There is no authority for petitioners’ attempt at such secrecy,” Uthmeier’s lawyers wrote.

    Florida in 2023 prohibited the sale of kratom, a plant whose botanical name is “mitragyna speciosa,” to people under age 21. But legislation aimed at regulating or banning sale or use altogether has not passed.

    The 7-OH alkaloid is one of the kratom’s most potent active compounds. Levels of 7-OH levels are low in whole kratom leaves, while isolated or concentrated forms of the compound are much stronger and often are sold as natural or health supplements.

    Uthmeier’s ban came weeks after President Donald Trump’s administration took initial steps to add 7-OH to the nation’s list of dangerous drugs as part of a broader effort to address opioid addiction.

    A hearing in the case is set to begin Dec. 3

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    Whether the GOP-controlled Legislature will act on the request is questionable

    Uthmeier said the ban was needed “to avoid an imminent hazard to the public safety.”

    The bill, if approved, would make it legal to use testing strips, and could help curb overdose deaths



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    Dara Kam, News Service of Florida
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  • Florida AG supports federal ban of hemp-derived THC products

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    Credit: Attorney General James Uthmeier/X

    Florida Attorney General James Uthmeier said Monday that he supports the nationwide ban on most hemp-derived THC products that Congress approved last week and that is scheduled to take effect late next year.

    Language in the federal legislation reopening the government prohibits sales of hemp products with more than 0.4 milligrams per container of total delta-9-tetrahydrocannabinol (THC) — the psychoactive compound found in the cannabis plant. That effectively would prohibit hemp-derived products like Delta-8 from being sold online, in gas stations, and corner stores around the country.

    The vote came weeks after 39 state attorneys general from both red and blue states signed a letter asking Congress to outlaw intoxicating hemp products at the federal level.

    Uthmeier was not one of them, however.

    Speaking during a press conference in Tampa, Uthmeier said he declined to sign because he wanted to review the request “a little bit more to figure out the best way to regulate,” but agreed that “a full sweeping regulatory overhaul of hemp, I think, was greatly needed.”

    “Our team is looking in on that and we’re going to make sure that we’re getting illegal products off the market,” he said.

    Against the collective objections of the billion-dollar hemp industry in Florida, the Legislature passed a bill in the 2024 legislative session that would have banned Delta-8 and imposed strict limits on the amount of THC that could be included in hemp-derived products. It was ultimately vetoed by Gov. Ron DeSantis.

    The Legislature came back in the 2025 session with proposals to regulate hemp, but failed to approve a bill.

    7-OH

    Uthmeier repeated his concerns about 7-OH, a concentrated byproduct of the kratom plant (7-OH is abbreviation of the substance 7-hydroxymitragynine). The attorney general announced in August that he had filed an emergency rule classifying 7-OH as a controlled substance in Florida, making it illegal to sell, possess, or distribute any isolated or concentrated form of 7-OH in the state.

    That prompted Florida Commissioner of Agriculture Wilton Simpson to announce last month that his agency had removed 17,113 packages of 7-OH from retail locations in more than 20 Florida counties.

    “If you don’t know what this 7-0H is, it’s dangerous. It’s highly concentrated,” Uthmeier said Monday.

    “We’ve taken measurements that are 13 times more potent than morphine and it was being sold on a shelf right next to candy and retail products. So, just because something’s on a shelf doesn’t mean it’s gone through all the regulatory approvals, it does not mean it’s safe. We’re in a world where there’s a lot of new products coming in and it’s up to us — state leaders, law enforcement, and the Legislature — to get involved, crack down, and make the tough decisions to protect our consumers.”

    The U.S. Food and Drug Administration is also pushing to ban 7-OH. In late July, the U.S. Department of Health and Human Services recommended that the federal Drug Enforcement Administration place 7-OH in Schedule I, citing a high potential for abuse. The classification would not apply to kratom leaves or powders with naturally occurring 7-OH.

    Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Contact Michael Moline for questions: info@floridaphoenix.com. Follow Florida Phoenix on Facebook and Twitter.

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    Have yourself a (S)cruddy little Christmas

    Alt-rockin’ around the Christmas tree

    The latest such move by the Legislature is a law passed earlier this year that restricts local governments from regulating development



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    Mitch Perry, Florida Phoenix
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  • Ban on kratom 7-OH in Florida challenged

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    Credit: via James Uthmeier/X

    Companies that sell a byproduct of kratom, known as 7-OH, and users of the substance are challenging an emergency rule banning its sale and manufacture in Florida.

    Attorney General James Uthmeier on Aug. 15 issued an emergency rule prohibiting the alkaloid 7-hydroxymitragynine, known as 7-OH, and adding it to the list of the state’s most dangerous drugs. The ban on the concentrated byproduct of kratom, which was sold in smoke shops throughout the state, went into effect immediately.

    The compound — available in such products as drinks, gummies and powders — has skyrocketed in popularity over the past few years. Doctors say 7-OH acts on the same parts of the brain and is as addictive as opioids.

    An administrative complaint filed Monday alleges that the emergency ban is invalid, in part, because Uthmeier’s office failed to follow proper rulemaking procedures and it “was not adopted under a procedure which was fair under the circumstances.”

    Florida law allows the attorney general to adopt emergency rules to classify a “new substance” as a Schedule 1 drug on a temporary basis if necessary “to avoid an imminent hazard to the public safety.”

    Under state law, Schedule 1 drugs are substances that have a “high potential for abuse” and have “no currently accepted medical use in treatment.”

    The complaint filed Monday at the state Division of Administrative Hearings alleges that “there is an insufficient factual or scientific basis” to show that the banned products are “being used in a manner” that “creates a substantial likelihood of hazard to the user’s health or the safety of the community,” as required for an emergency rule.

    The complaint was filed on behalf of The Mystic Grove, LLC, a Florida-based company that operates two retail stores; Green Brothers Wholesale, Inc., which distributes hemp, kratom and other smoke-shop products; and six people — identified as K.T., B.M., J.E., A.G., A.R. and M.D. — who use 7-OH products. The businesses and the 7-OH users are represented by J. Stephen Menton of the Rutledge Ecenia, P.A. firm and Paula Savchenko of PS Law Group.

    Uthmeier’s office “has provided no evidence of widespread or habitual misuse, no documentation of diversion from legal channels, and no indication that 7-OH poses a greater risk than comparable over-the-counter botanical or nutraceutical products,” the 44-page complaint said.

    Instead, “epidemiological data and real-world usage patterns” suggest that the substance “has been widely used as a harm reduction tool” by people addicted to illegal street drugs such as fentanyl or heroin or to address chronic pain.

    “The absence of overdose deaths attributable solely to 7-OH undermines any claim that the substance presents a substantial likelihood of harm under the statutory definition,” lawyers wrote.

    During a news conference in August, Uthmeier said he planned to work with lawmakers during the 2026 legislative session on a measure to make the ban on 7-OH, which is effective for a year, permanent. The session will start in January.

    “It is a significant painkiller. It has been proven to be highly addictive and easily can be overdosed, so it’s very dangerous,” Uthmeier said at the time. “We are taking emergency action now because we see immediate danger.”

    According to the newly filed complaint, the emergency rule left The Mystic Grove with “significant inventory of 7-OH that, although legal to possess and sell the day before, was suddenly illegal.” The company’s estimated economic losses run to several thousand dollars per month.

    Green Brothers’ business dropped by about 60 percent after the rule went into effect, which “is consistent with industry-wide contraction resulting from the ban,” the complaint said.

    As an example of the people in the case, the complaint said that “M.D.” unsuccessfully struggled for years to kick his opioid addiction.

    “While kratom powder initially helped him reduce his dependence on opiates, it was not until he discovered 7-OH tablets that he was able to achieve lasting control over his addiction,” the complaint said.

    The emergency scheduling of 7-OH “threatens to upend his progress and poses a direct risk of relapse,” according to the complaint.

    Uthmeier’s action came weeks after President Donald Trump’s administration took initial steps to add 7-OH to the nation’s list of dangerous drugs as part of a broader effort to address opioid addiction.

    The rule challenge filed Monday maintains that no new science has emerged since the federal Food and Drug Administration dropped an effort to ban 7-OH in 2018.

    “There is no compelling new scientific evidence that has suddenly become accepted in the scientific community to support a claim of an imminent health crisis sufficient to reverse the 2018 FDA determinations,” the complaint said.

    Florida in 2023 prohibited the sale of kratom, a plant whose botanical name is “mitragyna speciosa,” to people under age 21. But legislation aimed at regulating or banning sale or use altogether has not passed.

    The 7-OH alkaloid is one of the kratom’s most potent active compounds. Levels of 7-OH levels are low in whole kratom leaves, while isolated or concentrated forms of the compound are much stronger and often are sold as natural or health supplements.

    Efforts to ban 7-OH in Florida and elsewhere have sparked a deep divide within the kratom industry, pitting manufacturers and consumers of the concentrated alkaloid against advocates for kratom in powder or leaf form.

    The rapid advent of 7-OH at gas stations, smoke shops and other retail stores made a significant dent in the sales of powdered and leaf-based kratom products, according to industry experts.

    David Bregger, whose son died of an overdose in Colorado, blamed the death on the toxic effects of a concentrated form of kratom mixed with diphenhydramine, the active ingredient in Benadryl, along with other over-the-counter sleep aids.

    Bregger, who called 7-OH “a horrible dangerous substance,” is pushing for strict regulations for the kratom industry.

    “Pure leaf kratom is safe. It shouldn’t be banned,” Bregger told The News Service of Florida in an August phone interview. “You can’t overdose on it, really.”

    But proponents of 7-OH contend that the number of opioid deaths nationally has dropped since 7-OH entered the market two years ago.

    “Without clear evidence of a surge in hospitalizations, toxicological alerts, or overdose deaths, there is no basis to suddenly declare an imminent hazard to public health,” the complaint said.

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    Uthmeier called the touring show “openly anti-Christian,” expressing his concern it would result in religious discrimination.

    Gov. DeSantis’ delay means some voters won’t be represented until after the next legislative session ends

    The majority of unexpected departures in Orange County were children in immigrant families, said school board member Stephanie Vanos.



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    Dara Kam, News Service of Florida
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  • ‘Drag Race’ star claps back at Florida AG ‘Mister Urethra’ for targeting Christmas show

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    The cast of “A Drag Queen Christmas” 2024. Credit: Nina West/Facebook

    Gov. Ron DeSantis’ administration this week continued its holiday tradition of targeting Christmas drag shows.

    In a letter to Pensacola City Council, Florida Attorney General James Uthmeier called “A Drag Queen Christmas,” the touring show of RuPaul’s Drag Race stars, “openly anti-Christian,” expressing his concern it would result in religious discrimination.

    The show, he said, “openly mocks one of the most sacred holidays in the Christian faith.”

    No word on if he’s coming after Orlando resident The Grinch, who’s never been criticized in his 68 years and three remakes for mocking Christmas.

    Uthmeier also claimed the queens are attempting to “expose themselves to the kids innocently enjoying Christmas festivities” at a nearby winter festival, despite the event being a ticketed 18-and-up show. He’s still trying to reignite the blocked 2023 law restricting drag shows.

    It’s not the first time the DeSantis administration has come after this drag show specifically. In 2022, the administration targeted liquor licenses at the Hyatt Regency Miami and Orlando’s Plaza Live for hosting a “Drag Queen Christmas.” That same year, Proud Boys and evangelists protested outside its Clearwater appearance at Ruth Eckerd Hall.

    This year, Uthmeier attacked specific queens.

    In his letter, the Attorney General specifically denounced Suzie Toot (calling her  “demonic Betty Bop,” a misspelled reference to her Vogue photoshoot); Bosco, AKA “the Demon Queen of Seattle”; and Crystal Methyd, for her “glamorous and beautiful” satanic imagery.

    Trinity “The Tuck” also got a shoutout for her role in previous versions of the show. And since Uthmeier opened the library, Trinity read him back.

    In a video addressing “James Urethra,” Trinity clarified that the show is not anti-Christian.

    “’A Drag Queen Christmas’ is mostly about stupid Christmas numbers, not necessarily about the birth of Jesus. Regardless of that, drag is an art form that is free speech, and we are allowed to do that by law.”

    Trinity encouraged Floridians to sell out every “A Drag Queen Christmas” show in the state as an act of resistance.

    “Show them the support so we can show this administration … drag is fun, drag is art, and it’s not hurting anybody,” Trinity said. “If you’re worried about children, worry about gun control and feeding them instead of worrying about drag queens.”

    “A Drag Queen Christmas” returns to Clearwater’s Ruth Eckerd Hall on Dec. 22, the day before it’s slated for Pensacola. Tickets start at $49.

    A version of this story first appeared in our sibling publication Creative Loafing Tampa Bay.

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    Two ‘Daily Show’ alums dispense with the niceties

    Uthmeier called the touring show “openly anti-Christian,” expressing his concern it would result in religious discrimination.

    The three-day event is aimed to help raise awareness of and prevent diabetes, in recognition of National Diabetes Month



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    Selene San Felice
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  • Florida AG says judges can’t stop state attorneys, staff from bringing guns into court

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    Credit: James Uthmeier/X

    Florida judges legally can’t bar state attorneys and their staff from carrying firearms into courtrooms, according to Florida Attorney General James Uthmeier.

    In an Oct. 20 letter posted to the attorney general’s website, Uthmeier told Sarasota’s Republican State Attorney, Ed Brodsky, that he and his staff should be allowed to bring their guns into courtrooms — even though the Chief Judge of the Twelfth Judicial Circuit decreed otherwise in a September order.

    “The Chief Judge’s Administrative Order clearly conflicts with and attempts to amend Florida law,” Uthmeier wrote in his advisory opinion, insisting that the circuit has “contravened” the law. These opinions are not binding, and while courts have to consider them in litigation, they don’t need to abide by them.

    “The Order cannot lawfully prohibit the State Attorney, assistant state attorneys, and their investigators from carrying firearms in the Twelfth Circuit’s courtrooms.”

    He argued that although Florida statute empowers judges to limit “any person” from bringing weapons into their courtrooms, state attorneys and their staff don’t count as “any person.”

    They count as law enforcement.

    “Law enforcement officers—including state attorneys, assistant state attorneys, and investigators—do not fall within the definition of ‘any person,’” he said.

    Uthmeier’s opinion tracks with his dogged pro-gun rights approach since Gov. Ron DeSantis appointed him to the chief legal position in February. He declined to defend a decades-old ban on open carry last month when the First District Court of Appeal struck it down as unconstitutional. He has since asked the legislature to clean up state statute to reflect the decision.

    The DCA’s ruling made statewide waves, prompting Florida Supreme Court Chief Justice Carlos Muñiz to issue a memorandum noting that the decision had no effect on the court’s weapons policy, which exclusively allows members of the Marshal’s Office to bear arms within the state Supreme Court.

    Uthmeier has also preemptively refused to defend a Parkland-era law that lowered the gun-buying age if it makes it to the Florida Supreme Court — unlike his predecessors. This  approach comes as House Republicans are set to consider (for the fourth year in a row) whether to return the gun-purchasing age to 21. DeSantis, meanwhile, has advocated for a repeal of Florida’s red flag laws, but the state Senate has largely avoided touching gun laws since the Marjory Stoneman Douglas High School shooting in 2018.

    Why did Uthmeier write this opinion?

    The dispute arose after Judge Diana Moreland in September finalized new restrictions on where state attorneys can carry firearms: state attorneys and their staff could carry firearms into court facilities where their offices are, but not in courthouses without their offices or in any courtroom. Moreland oversees cases in Sarasota, Manatee, and DeSoto counties.

    Brodsky disagreed, and wrote to Uthmeier to ask his legal opinion. Because this isn’t a court case, the attorney general as Florida’s chief legal officer can offer advisory opinions that often carry great weight in future litigation and serve as a guideline for state attorneys.

    Uthmeier referenced a 1988 opinion by Florida Attorney General Robert Butterworth in a letter to then-State Attorney Janet Reno, a Democrat serving Miami-Dade who went on to serve as U.S. Attorney General. Butterworth believed that assistant state attorneys are law enforcement, and therefore could carry weapons into court in their official capacity.

    “The Florida legislature has recognized the importance of the safety of prosecutors by giving them the right to arm themselves in the course of their official duties,” Uthmeier wrote.

    “While [statute] contemplates a Chief Judge’s ability to regulate the carrying of firearms in courthouses and courtrooms, the State Attorney, assistant state attorneys, and investigators plainly fall outside that statute’s permissible regulatory sweep.”

    Update: This story now includes reference to Chief Justice Carlos Muñiz’s September memo reminding Florida judges that new open carry guidance does not alter the Florida Supreme Court’s firearm policy.

    Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Contact Michael Moline for questions: info@floridaphoenix.com. Follow Florida Phoenix on Facebook and Twitter.

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    Florida statute says judges can limit ‘any person’ from bringing guns into court — Uthemeier says state attorneys don’t count as ‘any person’

    The Senate unanimously passed a similar bill during the 2025 session, but the House did not approve it

    Attorneys said the agency fired the biologist to ‘prevent foreseeable disruption, reputational harm and loss of public trust’



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    Livia Caputo, Florida Phoenix
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  • Murder charge dropped in road rage case eyed by Uthmeier, but Orlando woman is still going to prison

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    Although a murder charge levied against an Orlando woman for a fatal road rage incident has been dropped a month after Attorney General James Uthmeier insisted she acted in self-defense, she’s still headed to prison, a court ruled Thursday.

    An Orange County judge Thursday morning agreed to drop Tina Allgeo’s second-degree murder charge after the 47-year-old took a plea deal, pleading no contest to aggravated battery. Allgeo was sentenced to 18 months in prison followed by 10 years of probation.

    The local case took on a statewide angle when Uthmeier in September publicly bashed Orlando’s Democratic State Attorney, Monique Worrell,  for pursuing a murder charge against Allgeo, whom Uthmeier believed acted in self-defense under Florida’s Stand Your Ground law. Although Allgeo initially claimed a defense under Stand Your Ground, on Thursday she changed course.

    Still, Uthmeier celebrated the dropped murder charge on social media.

    “We’re glad to see that Orlando State Attorney Worrell took our advice and dropped the unjust murder charge against Tina Allgeo this morning. Ms. Allgeo clearly acted in self-defense,” Uthmeier posted. “In Florida, we will protect the right to stand your ground against violent aggressors.”

    The Allgeo case served as another chapter in the deepening feud between Uthmeier and Worrell, who first clashed through Gov. Ron DeSantis in 2023. When Uthmeier served as the governor’s chief of staff, Worrell was suspended for allegedly neglecting “her duty to faithfully prosecute crime in her jurisdiction.”

    Despite this, Worrell won her seat back in November 2024, unseating the attorney DeSantis had appointed to replace her.

    Most recently, Uthmeier last month accused Worrell of refusing to prosecute pedophiles. In April, he said she was slow-walking and ignoring a mounting backlog of cases.

    Worrell has denied all wrongdoing, accusing Uthmeier in turn of incompetence.

    What happened?

    The Orange County Grand Jury indicted Allgeo in February for the second-degree murder with a firearm of 42-year-old Mihail Tsvetkov. Surveillance footage shows Allgeo outside of her car, taking photos of Tsvetkov’s plates. When Tsvetkov drove away, she pursued him and struck his car with hers, the Phoenix previously reported.

    A red light camera video then follows Tsvetkov as he exits his car, yanks open Allgeo’s car door, and begins to beat her, seemingly attempting to pull her out of her vehicle. Allgeo then pulls the trigger on her firearm, shooting Tsvetkov “in the face” and killing him almost instantly.

    Uthmeier said Allgeo acted under the state’s Stand Your Ground law, which was passed in 2005. The law allows Floridians to use deadly force in self-defense as long as they are not engaged in criminal activity.

    Worrell disagreed. During her quarterly meeting, she said, “The Attorney General has political motivations to try to label me as an anti-Second Amendment person; that is not the case,” ClickOrlando reported.

    She added that Stand Your Ground still has limitations.

    “What those limitations include is one, if you’re the aggressor, you now have a duty to retreat, and two, if you are in the commission of a crime, you have the duty to retreat,” Worrell said.

    Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Contact Michael Moline for questions: info@floridaphoenix.com. Follow Florida Phoenix on Facebook and Twitter.

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    Livia Caputo, Florida Phoenix

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  • Democrats urge DeSantis to declare emergency, fill Florida food pantries

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    Credit: Shutterstock

    Florida Democrats in the Legislature are imploring Gov. Ron DeSantis to declare a state of emergency and use state money to buy food and direct it to food pantries as nearly 3 million people lose access to a federal food assistance program.

    Led by Senate Democratic Leader Lori Berman, D-Boynton Beach, and her House counterpart Fentrice Driskell, D-Tampa, legislative Democrats sent DeSantis a letter Tuesday asking him to use his emergency powers to ensure the millions of Floridians who rely on the Supplemental Assistance Nutrition Program don’t go hungry when their benefits expire Saturday as a result of the federal government shutdown.

    The letter also asks DeSantis to direct the Department of Children and Families, which administers the SNAP program, to coordinate with local food banks and their community partners to distribute the food immediately.

    “For families already struggling under record food and housing costs, the loss of this critical support would be catastrophic,” the letter reads. “Local food banks and pantries have already reported overwhelming demand and depleted supplies. … We are days away from a full-blown hunger emergency that will leave families without food during the holiday season. The state cannot stand by.”

    Florida Democratic Party Chair Nikki Fried added in a separate written statement: “This moment is bigger than politics. This is about showing up for our fellow Americans and keeping Floridians safe and fed.”

    SNAP provides nutritional support for low-income seniors, people with disabilities living on fixed incomes, and other individuals and families with low incomes. Florida has the fourth largest SNAP enrollment nationwide with 2.94 million relying on the assistance for their food security, behind California, Texas, and New York. Nationwide, 41.7 million people rely on SNAP benefits, August 2025 data show.

    The governor’s office didn’t immediately respond to Florida Phoenix’s request for comment.

    The Democrats’ letter comes after the DeSantis administration posted a notice that SNAP benefits are about to expire.

    The state notice was put up after the U.S. Department of Agriculture posted Friday that it would not tap into $6 billion in contingency funds to keep benefits intact for the coming month. It would take $9 billion to cover the costs of the SNAP program through November. But the federal memo, first reported by Axios, claims that SNAP contingency funds cannot be used to float the program during the shutdown, an assertion that has been disputed.

    Contingency funds “are only available to supplement regular monthly benefits when amounts have been appropriated for, but are insufficient to cover, benefits. The contingency fund is not available to support FY 2026 regular benefits, because the appropriation for regular benefits no longer exists,” the memo says.

    The partisan impasse has resulted in a 28-day government shutdown, which began Oct. 1, the start of the federal fiscal year.

    “SNAP is one of the most effective programs for addressing hunger and food insecurity in the state,” the letter from the Democrats stated.

    “Especially after the recent cuts stemming from President Trump’s One Big Beautiful Bill, Floridians cannot afford another day without action by the state. Florida has the fiscal strength to respond. What’s needed now is the moral will to act. No parent should have to choose between paying rent and feeding their kids. No child should go hungry because politicians in Washington can’t agree. We urge you to act immediately.”

    Florida’s Republican Attorney General James Uthmeier, meanwhile, joined 18 GOP state Attorney Generals on Tuesday in signing onto their own letter urging Senate Democrats to concede to Republicans and prevent disruptions to SNAP.

    “This does not need to happen,” the letter, led by Ohio Attorney General Dave Yost, reads. “Congress can stop the threat right now by passing a clean continuing resolution that keeps essential services funded and protects those who rely on them. You have the power to prevent a crisis that is entirely avoidable.”

    “Heartless”

    Berman said in prepared remarks that Florida has $5 billion in its “rainy day” fund that DeSantis could use to avert the food cliff  low-income families face.

    “The sudden loss of those benefits would be an economic and humanitarian nightmare,” she said. “With the stroke of a pen, the Governor can keep food on peoples’ tables. He has a responsibility to the people of this state to put partisanship aside and lead. Refusing to act would be truly heartless.”

    Driskell said in her prepared remarks that the governor “brags” about “maxing out” the amount of savings in the state’s “rainy day” fund.

    “If millions of hungry Floridians isn’t an economic storm, I don’t know what is,” she said, adding, “This is a crisis but an entirely solvable one. We can make sure Floridians do not go hungry. It costs a little more than $6 a day to feed someone. Isn’t every Floridian worth that?”

    The letter also asks the governor to request the state Department of Agriculture and Consumer Services to implement the universal school meals programs for the duration of the emergency.

    Orlando Weekly reporter McKenna Schueler contributed to this story.

    This story has been updated to include comment from FDP Chair Nikki Fried.

    Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Contact Michael Moline for questions: info@floridaphoenix.com. Follow Florida Phoenix on Facebook and Twitter.

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    ‘[There’s] a clinical assistant professor from supposed Palestine. Why are they—is that just social justice that they’re doing?’

    He insisted that voters should be given just one proposed constitutional amendment to overhaul the system instead of multiple proposals.

    Nearly 3 million people are expected to lose access to the federal food assistance program



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    Christine Sexton, Florida Phoenix and McKenna Schueler
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  • Florida AG announces criminal investigation into video game Roblox

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    Credit: Shutterstock

    Following a civil subpoena earlier this year, Attorney General James Uthmeier announced Monday that he is issuing a criminal subpoena to Roblox, an online video game.

    According to Uthmeier’s office, “multiple investigations have revealed that sexual predators are using Roblox to access, communicate with, and groom minors.”

    “Roblox profited off of our kids while exposing them to the most dangerous of harms. They enabled our kids to be abused,” Uthmeier said in a video posted to his social media. “Companies like Roblox have become breeding grounds for predators to get to and have access to our kids.”

    The attorney general said there have been reports of predators using Robux, the in-game currency, “to bribe minors into sending sexually explicit images of themselves.”

    According to the attorney general, victims accuse Roblox of failing to implement safety measures and failing to warn parents of the dangers the game could pose to their children. 

    In a response to the Phoenix, Roblox said, “We share Attorney General Uthmeier’s commitment to keeping kids safe and we will continue to assist his office in their investigations.”

    “We have a strong record of working with law enforcement and investing in advanced safety systems to help protect our users and remove bad actors. To safeguard users, we prohibit the sharing of images and videos in the chat, use filters designed to block the exchange of personal information, and we are working to implement age estimation for all users accessing chat features,” Roblox continued.

    The attorney general said there have been “troubling allegations” that the game has been negligent in verifying users’ ages and failed in content moderation. 

    “These criminal subpoenas will enable us to gather more information for our prosecutors about the criminal activity taking place on Roblox’ platform as well as evidence on the predators that are out there and the victims that are abused,” Uthmeier said. 

    Uthmeier appeared on Fox & Friends First Monday to talk about the launch of the investigation. 

    “Here in Florida we’ve arrested over 1,000 child predators just this year, and many of these investigations lead right back to Roblox,” Uthmeier said. 

    Predators often pose as young people and “engage in long-term dialogue” with the minors, “and in the worst of cases, we’ve seen actual physical abuse,” Uthmeier added.

    In 2023 and 2024, Roblox was included on the National Center on Sexual Exploitation Dirty Dozen list. 

    The list, since 2013, calls out “mainstream entities for facilitating, enabling, and even profiting from sexual abuse and exploitation.”

    In 2024, other companies on the list included Reddit, Discord, Spotify, Telegram, LinkedIn, Meta, Apple, Cash App, GitHub, and Cloudfare. A federal law, the Communications Decency Act Section 230, provides legal immunity for for technology companies for material posted by users.

    The center did not release a list of companies for 2025; instead, it showcased victims it said were denied justice as a result of the federal law and called for its repeal.

    “While no system is perfect, our trained teams and automated tools continuously monitor communications to detect and remove harmful content. We are committed to leading the industry in safety and transparency,” Roblox concluded its statement.

    Earlier this year

    In April, Uthmeier requested information from Roblox, such as how many of the game’s users are under the age of 16, marketing materials that relate to suitability for children, documents showing parental controls, and documents showing steps Roblox has taken to ensure children do not see mature content. 

    Uthmeier’s April subpoena also sought communications with the National Center relating to Floridians and communication with Florida users reporting abuse.

    Uthmeier told Fox & Friends that after the April subpoena, “what we found is evidence that they’ve been operating in a careless way. They know child predators are using the app to go after our kids and they haven’t done enough about it.”

    Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Contact Michael Moline for questions: info@floridaphoenix.com. Follow Florida Phoenix on Facebook and Twitter.

    Subscribe to Orlando Weekly newsletters.

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    ‘Investigations have revealed that sexual predators are using Roblox to access, communicate with, and groom minors’

    Once green-lighted from the federal government, the aircrafts would be expected to provide short air transport ‘like an Uber’

    Florida Republican Ryan Chamberlin filed similar legislation for consideration earlier this year but it failed to pass



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    Jay Waagmeester, Florida Phoenix
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  • Florida AG James Uthmeier alleges Roku sold kids’ information

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    Roku, the smart TV company, has raised the eyebrows of Florida Attorney General James Uthmeier, who alleges the company sold children’s consumer data.

    Uthmeier’s Office of Parental Rights is taking action against the tech company in the Collier County Circuit Court. Uthmeier opened that office in April in the interest of “putting our money where out mouth is.”

    “We believe that Roku has taken, used, shared, and sold the personal, sensitive data of our consumers, namely, our kids, and that they’ve done so in violation of the Florida Digital Bill of Rights and the Florida Deceptive and Unfair Trade Practices Act,” Uthmeier said in a video posted to his social media.

    Uthmeier said he believes Roku has used and sold data “regarding online preferences and behaviors of kids, videos and images that they might use online, even their location.”

    “This is wrong and it violates Florida’s commitment to parental rights,” Uthmeier said.

    In a news release, Uthmeier’s office said Roku “collected, sold, and enabled reidentification of sensitive personal data — including viewing habits, voice recordings, and other information from children — without authorization or meaningful notice to Florida families.”

    The company didn’t protect parental consent or effectively disclose privacy controls and opt-out tools, the attorney general said.

    The AG’s civil enforcement action targets Roku and its Florida subsidiary for violations of the laws mentioned above. He seeks civil penalties, injunctive relief, and measures ensuring Roku provides clearer disclosures and “lawful parental-control mechanisms.”

    “Roku knows that some of its users are children but has consciously decided not to implement industry-standard user profiles to identify which of its users are children. Roku buries its head in the sand so that it can continue processing and selling children’s valuable personal and sensitive data,” the attorney general alleges in his 25-page complaint.

    Roku forms partnerships with third-party data brokers “in an effort to avoid complying with Florida law,” Uthmeier contends.

    One of the data brokers is Kochava, “a data broker with a long history of privacy violations and public scrutiny,” he wrote.

    The complaint alleges that Roku does not perform age verification and thus does not comply with the Florida statute, passed in 2023. The Digital Bill of Rights was designed to protect children and others from big tech, the Phoenix reported at the time.

    According to Roku’s website, its devices are used by “millions of consumers” and the company cites a 2022 report that found it to be the No. 1 TV streaming platform in United States, Canada, and Mexico by hours streamed.

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    Jay Waagmeester, Florida Phoenix
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  • Bill that would allow teens to buy guns in Florida filed once again

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    A Florida House Republican has again filed legislation that would reduce the minimum to buy a firearm in the state from 21 to 18 years of age.

    The proposal (HB 133), sponsored by Rep. Tyler Sirois, a Brevard County Republican, has passed in the Florida House during the past three legislative sessions, but failed to advance in the Florida Senate. The existing law exempts law enforcement officers, correctional officers, or service members younger than 21.

    The Florida Legislature and then-Gov. Rick Scott raised the age for purchasing a firearm in 2018 as part of the Marjory Stoneman Douglas Public High School Safety Act, just weeks after the school shootings in Parkland that killed 17 people.

    The effort to restore the legal age for purchasing a firearm to 18 has been supported by Gov. Ron DeSantis and gained momentum this spring when Florida Attorney General James Uthmeier announced that he would not defend the law after a federal appeals court again upheld its constitutionality after it was challenged in federal court by the NRA.

    “If the NRA decides to seek further review at SCOTUS, I am directing my office not to defend this law,” Uthmeier said in March, not long after DeSantis appointed him to his office. “Men and women old enough to fight and die for our country should be able to purchase firearms to defend themselves and their families.”

    The NRA has subsequently asked the U.S. Supreme Court to hear its challenge to Florida’s law.

    Meanwhile, another federal appeals court — the Fifth Circuit — ruled in January that the federal law banning federal firearms licensees from selling handguns to individuals aged 18 to 20 is unconstitutional under the Second Amendment.

    Rejected in Florida Senate

    Again, the state Senate has consistently thwarted repeal — in 2023 and 2024 by then-President Kathleen Passidomo and earlier this year by sitting Senate President Ben Albritton.

    Second Amendment groups have been critical of those efforts, and they are speaking out now with concerns about what Albritton might do when it comes to an implementing bill that would make the open carrying of firearms legal in Florida statute.

    The state’s First District Court of Appeals ruled last month that the 1987 law banning open carry in Florida was unconstitutional, and Uthmeier declared five days later that, in light of that ruling, he was declaring that open carry is now the law of the state.

    However, speaking during a press conference at the Palm Beach County Sheriff’s Office two weeks later, Uthmeier acknowledged that changing the law based on the court’s ruling was “not the cleanest situation and there’s likely cleanup that’s going to be needed by the Legislature.”

    In Tallahassee this week, Albritton told reporters “there are some questions” about the new policy, and that he was seeking advice from Florida sheriffs, whose political organization, the Florida Sheriffs Association, historically had opposed open carry.

    ‘Questions’ about open carry

    “There are some questions about the Capitol, specifically, about how well guns play in or would not play in, so the attorney general has given some guidance on this, so we’re contemplating all of that, and wanting to do what’s right for all Floridians. So, we’ll just continue to think it through. We’re again seeking input from various folks who have the expertise to help us understand and we’ll see how it goes,” he said.

    Luis Valdes, Florida state director for Gun Owners of America (GOA), told the Phoenix that the right to open carry has come from the judicial system, “not the Republican supermajority in the Legislature.”

    “GOA will fight tooth and nail to see this repeal passed,” Valdes said Friday. “But with the same leadership still in place, the battle against the RINOs in Tallahassee continues. We will continue with our simple message of NO COMPROMISE. We will fight to make sure all Floridians, 18 and up, can freely exercise their Second Amendment rights.”

    The issue of open carry in Florida made headlines this week when Publix, the largest supermarket chain in the state, declared that the company would comply with state law.

    “Treating customers with dignity and respect is a founding belief at Publix,” it said. “In any instance where a customer creates a threatening, erratic or dangerous shopping experience, whether they are openly carrying a firearm or not, we will engage local law enforcement to protect our customers and associates.”

    The new law also came into play on Thursday night in Tampa, when a former candidate for Tampa city council allegedly brandished a gun after getting into an argument with another person following a candidate forum for an election taking place later this month. No charges were filed in that incident.

    With additional reporting from Liv Caputo.

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    Mitch Perry, Florida Phoenix
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  • Florida AG among leaders backing Trump’s use of National Guard

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    Credit: Official White House Photo by Daniel Torok

    President Donald Trump’s novel use of National Guard troops for law enforcement purposes has reopened a debate over states’ authority to control police powers, as dueling briefs from current and former state leaders filed in Illinois’ lawsuit against the president show.

    A bipartisan group of former governors said Trump’s federalization and deployment of National Guard members to Chicago to control “modest” protests upended the careful balance between state and federal powers. 

    At the same time, a group of 17 current Republican attorneys general told the court they supported the administration’s move that they said was necessary to protect immigration enforcement officers.

    Both groups submitted friend-of-the-court briefs in the suit in the U.S. District Court for the Northern District of Illinois Eastern Division brought by Illinois Gov. JB Pritzker and Chicago Mayor Brandon Johnson to block the Trump administration’s deployment of National Guard troops to the nation’s third-largest city. 

    Trump on Wednesday called for the arrest of Johnson and Pritzker for not assisting Immigration and Customs Enforcement officers, a provocative demand that raised further concerns about his administration’s relationship with state leaders.

    The bipartisan group supported Pritzker and Johnson’s call for a restraining order to block the deployment, while the Republicans said the restraining order should be denied.

    Democratic attorneys general back Oregon 

    In another case, in which Oregon is challenging Trump’s order to deploy troops to Portland, Democratic governors or attorneys general in 23 states and the District of Columbia argued in support of the state’s position.

    Democratic Pennsylvania Gov. Josh Shapiro, who was among those siding with Oregon, said Wednesday he did so to “put an end to the dangerous overreach of power we are seeing with Donald Trump’s Guard deployments.”

    The brief was also signed by Democratic state officials from Washington state, Maryland, Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Rhode Island, Vermont, Wisconsin, Kansas and Kentucky and the District of Columbia’s attorney general.

    Former govs say deployment robs state authority

    The federalist structure of the U.S. government, which bestows powers to both the federal and state governments, leaves broad police power to the states, the bipartisan group wrote. 

    Sending military forces to conduct law enforcement would unbalance that arrangement, they said.

    That group includes Democratic former Govs. Jerry Brown of California, Steve Bullock of Montana, Mark Dayton of Minnesota, Jim Doyle of Wisconsin, Parris Glendening and Martin O’Malley of Maryland, Jennifer Granholm of Michigan, Christine Gregoire, Jay Inslee and Gary Locke of Washington, Tony Knowles of Alaska, Terry McAuliffe of Virginia, Janet Napolitano of Arizona, Deval Patrick of Massachusetts, Bill Ritter Jr. of Colorado, Kathleen Sebelius of Kansas, Steve Sisolak of Nevada, Eliot Spitzer of New York, Ted Strickland of Ohio, Tom Vilsack of Iowa and Tom Wolf of Pennsylvania.

    GOP former Govs. Arne Carlson of Minnesota, Bill Graves of Kansas, Marc Racicot of Montana, Bill Weld of Massachusetts and Christine Todd Whitman of New Jersey also signed the brief.

    “The present deployment of military resources, based on an assertion of nearly unfettered federal authority, is unlawful,” they wrote. “The president’s assertion of authority to deploy military troops on domestic soil based on his unreviewable discretion, and without the cooperation and coordination of state authorities, threatens to upset the delicate balance of state and federal authority that underlies our constitutional order.”

    The Trump administration misunderstands the section of federal law that Trump has relied on to federalize National Guard troops, the group said. 

    The administration’s claim that only the president can decide if the conditions are met for National Guard units to be federalized “not only undermines state sovereignty but also deprives governors of a critical public safety tool,” they wrote.

    “If federalization of the National Guard is unreviewable, a president motivated by ill will or competing policy priorities could divert Guard resources away from critical state needs, including natural disasters or public health crises,” they continued.

    States need ICE enforcement, GOP govs say

    The group of current Republican attorneys general argued their states are harmed by the protests in Chicago and other cities that impede federal ICE officers from doing their jobs.

    The attorneys general are Brenna Bird of Iowa, Austin Knudsen of Montana, Gentner Drummond of Oklahoma, Alan Wilson of South Carolina, Steve Marshall of Alabama, Tim Griffin of Arkansas, James Uthmeier of Florida, Chris Carr of Georgia, Raúl R. Labrador of Idaho, Todd Rokita of Indiana, Lynn Fitch of Mississippi, Catherine Hanaway of Missouri, Michael T. Hilgers of Nebraska, Marty Jackley of South Dakota, Ken Paxton of Texas and John B. McCuskey of West Virginia.

    They described the protests in Chicago as acts of violence that require a strong response.

    “Rather than protest peacefully, some of those protests became violent, threatening federal officers, harming federal property, and certainly impeding enforcement of federal law,” they wrote. “President Trump’s deployment of a small number of National Guard members to defend against this lawlessness is responsible, constitutional, and authorized by statute.”

    The attorneys general added that their states had been harmed by immigrants in the country without legal authorization who had settled in their states, which they said gave the president a public interest purpose in calling up troops to assist. 

    “The President’s action of federalizing the National Guard furthers the public interest because it allows ICE agents to continue to perform their statutory duties of identifying, apprehending, and removing illegal aliens, which is the only way to protect the States from the harms caused by illegal immigration,” they wrote.

    Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Contact Michael Moline for questions: info@floridaphoenix.com. Follow Florida Phoenix on Facebook and Twitter.

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    Trump’s use of National Guard troops for law enforcement purposes has reopened a debate over states’ authority to control police powers

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  • Trump backs James Uthmeier for Florida attorney general in 2026

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    Florida Attorney General James Uthmeier received a big boost in his bid for a full four-year term next year when President Donald Trump announced Wednesday that he was endorsing him in 2026.

    “James Uthmeier is a Strong Conservative Fighter and Prosecutor, and has my Complete and Total Endorsement — HE WILL NOT LET YOU DOWN!” Trump posted on his Truth Social page.

    “James is an America First Warrior, who is a true champion for ‘MAGA,’” the president added. “He is THE MAN behind ALLIGATOR ALCATRAZ, and argued strongly at the United States Supreme Court in defense of my Executive Power to fire Deep State bureaucrats. Under James’ fearless leadership, over 1,000 CRIMINAL PEDOPHILES have been arrested, missing children have been SAVED, and our Great Members of Law Enforcement have been empowered to do their jobs and, KEEP FLORIDA SAFE. In his next term, James will continue to work tirelessly to Ensure Law and Order, Uphold our Constitutional Rights, and Protect our always under siege Second Amendment.”

    The endorsement came a month after reports surfaced that the president was considering backing Florida Speaker of the House Daniel Perez for AG.

    Uthemier, 37, is a close ally of Gov. Ron DeSantis.

    The governor appointed him in February to serve as attorney general, after the office fell vacant when DeSantis appointed Ashley Moody to replace Marco Rubio in the U.S. Senate. Next year’s election will be the first time he has ever run for political office.

    Earlier, Uthmeier served for more than three years as chief of staff to DeSantis. He also served for several months as campaign manager in the governor’s unsuccessful candidacy for president in 2023-2024, replacing Generra Peck in August 2023.

    While the Trump endorsement is big, it doesn’t mean it’s all clear sailing for Uthmeier. That’s because of his involvement in the controversy surrounding Hope Florida, the state program First Lady Casey DeSantis created to move Floridians off government services and into private charity.

    That story revolves around a $10 million from a Medicaid over-billing settlement the DeSantis administration steered to the Hope Florida Foundation in 2024. That money was ultimately diverted to a political committee created to fight a proposed constitutional amendment legalizing marijuana that Uthmeier headed.

    Florida Rep. Alex Andrade, R-Pensacola, chaired a committee in the Florida House during the 2025 legislative session that investigated the story. He has accused the attorney general of money laundering and wire fraud, and has called on him to resign.

    Uthmeier has denied any wrongdoing.

    The story resurfaced last week after the Tampa Bay Times and Miami Herald reported that the state’s attorney in Tallahassee has convened a grand jury relating to the Hope Florida Foundation.

    ‘America-first’

    During his swearing-in ceremony in February, Uthmeier promised to champion an “America-first” agenda. “We will not stand idly by as the left tries to infiltrate our institutions and use the court system to indoctrinate our kids,” Uthmeier said. “We will fight the activists that try to weaken our duly enacted laws, that try to challenge the constitutional order, and that try to harm the unborn.”

    Uthmeier has raised nearly $600,000 in his regular campaign account, and more than $2 million through his political committee, Friends of James Uthmeier.

    Among the Democrats running for the nomination for attorney general next year, the best-known candidate is former South Florida state Sen. José Javier Rodríguez.

    Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Contact Michael Moline for questions: info@floridaphoenix.com. Follow Florida Phoenix on Facebook and Twitter.

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    Trump’s use of National Guard troops for law enforcement purposes has reopened a debate over states’ authority to control police powers

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    Mitch Perry, Florida Phoenix
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  • Florida AG accuses Monique Worrell of refusing to prosecute pedophiles – Orlando Weekly

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    Credit: via James Uthmeier/X

    Florida Attorney General James Uthmeier on Friday accused a Democratic state attorney he’s long-feuded with of declining to prosecute pedophiles.

    Uthmeier hosted an Orlando press conference Friday morning to castigate Monique Worrell, state attorney for Orange and Osceola counties, for failing to prosecute a man who allegedly masturbated in front of children and another man accused of possessing thousands of videos of child pornography.

    This was Uthmeier’s second press conference in a month targeting Worrell, whom Gov. Ron DeSantis removed from office in 2023 but subsequently won reelection.

    “This is systematic abuse. This is gross negligence,” Uthmeier said, demanding she “reconsider” the dropped charges or he will try to get the case reassigned to another attorney. “[Worrell] took an oath, she’s not delivering on that oath, and we’re going to step up and do what we can to hold her accountable and to protect our citizens.”

    Of note, the power to suspend and remove state attorneys lies solely with the governor. The attorney general exercises a mere “superintendent” role over Florida’s 20 elected state attorneys.

    Worrell’s office did not respond to a request for comment.

    Uthmeier has long-clashed with Worrell. Earlier this month, he hinted that she should be suspended — again — for bringing a second-degree murder case against a women Uthmeier believes acted in self-defense. He recited the Florida Constitution’s ground for suspension of an elected official at a press conference, before asking her to investigate a former Democratic state senator for posting the location of ICE agents.

    In April, amid a weeks-long war of words between Uthmeier, accused by her of being “uninformed,” and Worrell, whom he called “soft on crime,” the AG claimed she was ignoring a mounting backlog of cases. When Uthmeier served as DeSantis’ chief of staff, the governor suspended Worrell in August 2023 for allegedly neglecting “her duty to faithfully prosecute crime in her jurisdiction.”

    Despite this, she retook her seat in November 2024 when voters chose her over Andrew Bain, appointed by DeSantis to replace her.

    What are the cases that weren’t prosecuted?

    According to a letter sent from the attorney general’s office to Worrell, there were two cases involving children that Worrell declined to prosecute. The first involves a man named Kevin Chapman, 61, arrested for lewd and lascivious exhibition in the presence of a child under 16.

    “Not only did your office fail to pursue pretrial detention, but it declined to charge him, claiming that the case was ‘not suitable for prosecution,’” Uthmeier wrote. “I strongly encourage you to reconsider dismissing the charge against Chapman.”

    The other case Worrell allegedly declined to prosecute was against Thomas Dolgos, who had his electronics searched and seized in June. During the search, Dolgos admitted to possessing child pornography. A preliminary view of his devices suggested thousands of images of child pornography, the letter says.

    The Office of Statewide Prosecution assumed the case, but Uthmeier claims that an attorney from Worrell’s office “inexplicably” dismissed all charges and discharged Dolgos’ bond, freeing him. Dolgos was apprehended at the Canada border and the statewide prosecutor charged him with an additional 48 counts of child pornography.

    “Your office’s dismissal of Dolgos’ charges was an unacceptable mistake,” Uthmeier wrote. “Your office should never dismiss a case OSP is managing. … At best, it suggests a lack of adequate training in your office. Please address this deficiency and make sure it does not happen again.”

    Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Contact Michael Moline for questions: info@floridaphoenix.com. Follow Florida Phoenix on Facebook and Twitter.

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