Election Watch: 6 Of 9 Amendments Face Challenges Before High Court
August 4, 2010
The fate of several proposed constitutional amendments lies with the Florida Supreme Court after six of nine proposals set for the November ballot wound up facing legal challenges.
Property taxes, health care, legislative redistricting and class size requirements have all become the subject of challenges in the past two months. And it seems likely that the Supreme Court will be tasked with resolving them all before the November election.
Two amendments, one to repeal the campaign finance law providing public funding to state candidates and another that provides an extra property tax exemption to active duty military members who served outside of the United States, have not faced opposition.
A third proposal, Amendment 4, has been the target of complaints filed with the Florida Elections Commission. But the growth management initiative remains on the ballot after surviving a series of legal challenges over the past several years.
The remaining proposals, however, now find themselves before the state’s highest court.
-Amendment 3 would allow buyers who have not owned a home for eight years the chance to gather an additional homestead exemption on property purchased in Florida after Jan. 1, 2010. The Florida AFL-CIO and a Jacksonville homeowner challenged the amendment, which Tallahassee Circuit Judge John Cooper ordered off the ballot. Cooper ruled the proposed amendment’s ballot title and summary do not mention the effective date, which could lead voters to incorrectly assume they were eligible for additional homestead exemption benefits, which are limited to buyers of homes purchased after Jan. 1, 2010. The court is slated to hear arguments on the issue Aug. 18.
-Amendments 5, 6 and 7 all deal with drawing of Florida’s legislative and congressional districts. Amendments 5 and 6 are the products of FairDistricts.org, a grassroots organization that was attempting to “remove politics” from the process by spelling out boundary drawing rules, including prohibitions against favoring incumbents or political parties when drawing districts. Amendment 7 is the Legislature’s counter proposal to the FairDistricts.org. The Legislative proposal would create certain requirements for how to draw the lines, even if those requirements conflict with the FairDistrict amendments. Leon County Circuit Judge James Shelfer tossed the amendment. Saying he couldn’t understand it, Shelfer ruled he could not expect voters to either. The Supreme Court will hear arguments on Amendment 7 and has ordered a stay on Amendments 5 and 6, pending their review.
-Amendment 8 would revise the restrictions on class sizes in Florida schools put into the Florida Constitution in 2002. Currently, individual classrooms are capped at certain levels. School administrators say the requirement is too stringent and could cause problems if a student moves into a school mid-year and classrooms are at maximum capacity. The Florida Education Association has filed suit alleging the proposal is misleading by failing to inform voters that it relaxes restrictions placed on class sizes by voters in 2002. FEA lawyer Ron Meyer said lawyers have a status conference set for Thursday that will likely yield a hearing date.
-Amendment 9, proposed by the Florida Legislature, would try to exempt Floridians from the health care overhaul pushed for by President Barack Obama. Shelfer struck the proposal from the ballot July 29, calling it “manifestly misleading” to voters. The Florida Attorney General has filed an appeal with the Florida Supreme Court, but a date for oral arguments has not yet been set. Sen. Carey Baker, R-Eustis, who sponsored the amendment in the Senate, released a statement Tuesday saying Floridians should have the right to vote on health care choices. “The Supreme Court should do everything in its power to ensure that the people of Florida have the opportunity to vote on Amendment 9, instead of robbing them of their right to vote like the lower courts did,” he said.
By Kathleen Haughney, The News Service Florida
Railroad Crossing Signal To Be Installed In Walnut Hill
August 4, 2010
A railroad crossing signal will be installed on Pine Forest Road in Walnut Hill.
The Florida Department of Transportation will fund the $195,000 estimated cost to improve the the Alabama & Gulf Coast Railway crossing. Escambia County and Alabama & Gulf Coast will split the $3,146 annual maintenance for the crossing controls.
The railway, Pelt Road and Rockaway Creek Road all intersect Pine Forest Road over about a 200 foot span, in what is almost a three-way intersection with the railroad tracks in the middle. The crossing is about two miles from Highway 97.
Pictured above: A railroad crossing signal is planned for Pine Forest Road near the intersections of Pelt Road and Rockaway Creek Road. NorthEscambia.com photo, click to enlarge.
Latest Stats: Republicans Outnumber Democrats In Escambia, Santa Rosa
August 4, 2010
Escambia and Santa Rosa County Republicans hold a strength in numbers advantage heading into the primary elections later this month — especially in Santa Rosa.
There are 197,222 registered voters in Escambia County, with 85,376 (43.29%) Republicans. There are 77,671 (39.38%) Democrats in Escambia, along with 6,037 (3.06%) minor party members. Of Escambia’s registered voters, 14.27% (28,135) claim no party affiliation.
But in Santa Rosa County, Republicans hold a huge lead over Democrats. Of 111,528 registered voters in Santa Rosa County, 62,814 (56.3%) are Republicans. There are 28,389 (25.4%) Democrats registered to vote in Santa Rosa County. Another 16,545 (14.8%) consider themselves non-partisan, while 3,780 (3.4%) are members of minor parties.
The primary election is August 24.
One Injured In Highway 29 Rollover Crash
August 3, 2010
One person was injured in a single vehicle rollover accident on Highway 29 south of McDavid Tuesday afternoon.
The accident happened shortly after 4 p.m. south of Bogia Road. The drive of the SUV apparently lost control and flipped. She was transported by ambulance to Baptist Hospital in Pensacola.
The McDavid Station of Escambia Fire Rescue, Escambia County EMS, the Escambia County Sheriff’s Office and the Florida Highway Patrol responded to the crash.
The accident is still under investigation by the FHP.
Pictured above: One person was injured in this single vehicle accident on Highway 29 south of McDavid Tuesday afternoon. The vehicle had been flipped upright prior to this photo to remove it from the roadway. NorthEscambia.com photo, click to enlarge.
W.D. Mothershed
August 3, 2010
Mr. W.D. Mothershed, 66, passed away on Monday, August 2, 2010 at a Pensacola hospital.
Mr. Mothershed was a native of Freemanville, AL, a former resident of LaGrange, GA, a resident of Atmore, and attended the Westside Baptist Church. Preceded in death by three sisters, Willene Hall, Ernestine Davis and Audene Sharpless, and a brother, Raymond Mothershed.
Survivors include a son, Daryl Mothershed of Atmore; two daughters, Tina House of Atmore and Tammy Mothershed of Pensacola; six grandchildren; one great-grandchild; and three brothers, W.F. Mothershed, the Rev. J. Gladyn Mothershed and Carl H. Mothershed, all of Atmore.
Funeral services will be held Thursday, July 5, 2010, at 10:00 a.m. at the Petty-Eastside Chapel Funeral Home with the Rev. Don Davis officiating. Burial will follow at Mothershed Cemetery.
Visitation will be held Wednesday, August 4, 2010, between 6:00 and 8:00 p.m. at the Petty Eastside Chapel Funeral Home.
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Rev. Carl “Woody” Allison
August 3, 2010
Rev. Carl “Woody” Allison, 75 of Atmore went home to be with His Lord and Savior Monday, August 2, 2010 in Mobile. He was a pastor of West End Baptist Church
for 45 years. He was born in Walnut Hill on January 22, 1935, to the late John Henry and Arelia Sikes Allison.
He is preceded in death by four brothers and two sisters. Survivors are his wife of 58 years, Claire E. Allison of Atmore; one son, Randy Allison and wife Charlene of Birmingham; one daughter, Judy Cook and husband Earl of Hattisburg, MS; one sister, Margaret Millican of Artesia, NM; two grandchildren, Sam Allison and wife Page, Kristi Allison, all of Birmingham; and one great-grandson, Noah Allison.
Services will be Thursday, August, 5, 2010, at 2:30 p.m. from Johnson-Quimby Funeral Home Chapel with Rev. Doug Odom officiating. Interment will follow in Oak Hill Cemetery in Atmore.
Family will receive friends, Thursday August 5, 2010, at Johnson-Quimby Funeral Home from 12:30 p.m. until service time.
In lieu of flowers, donations can be made to the Gideon Foundation of Atmore. Johnson-Quimby Funeral Home, Inc., is in charge of all arrangements.
Man Charged With Murder After Beating Victims Dies
August 3, 2010
Escambia County has recorded its 14th murder of the year after a man beaten last Thursday passed away Tuesday morning.
Donald Stanley Verne, 49, is facing in open count of murder for the death of his landlord, Peter Delmonico, 51. Delmonico died about 12:05 a.m. Tuesday, according to Sgt. Ted Roy, spokesperson for the Escambia County Sheriff’s Office. Verene (pictured) allegedly struck Delmonico in the head with a piece of lumber about 6:30 p.m. on July 29 at his Queens Court home, near Old Corry Field Road.
Authorities reported finding blood on Verne’s clothes and a blood-stained piece of lumber in Verne’s mobile home, which he rented from Delmonico.
Verne is due to appear in court on August 9. He remains in the Escambia County Jail with no bond.
Lola E. Walters
August 3, 2010
Lola E. Walters, 84, passed away on July 30, 2010.
She was preceded in death by her husband, Darwin Weber Walters, son in law William “Bill” Hayes, her parents and a brother.
She was a member of The First Baptist Church of Atmore for over 50 years. She was loved by everyone who knew her.
Lola is survived by her daughter Linda Hayes, son Michael Walters, granddaughter Tonya (Robert) Hurst, grandson Scott (Tracey) Hayes, great grandchildren, Brittany and Heather Hurst, Dakota and Seth Hayes and her brother Herbert Phillips.
She was a loving mother, grandmother, and friend that will be deeply missed.
Funeral Services will be held Thursday, August 5, 2010, at 11 a.m. at Johnson-Quimby Funeral Home Chapel with Rev. Arnold Hendrix, Jr. officiating. Interment will follow in Oak Hill Cemetery in Atmore.
Family will receive friends Thursday, August 5, 2010, from 10 a.m. until service time at Johnson-Quimby Funeral Home Chapel.
Johnson-Quimby Funeral Home is in charge of arrangements.
Two Injured In Highway 29 Crash
August 3, 2010
Two people were reported to be injured in a two vehicle traffic accident Tuesday morning on Highway 29. The injuries were not considered life-threatening.
The accident happened just before 8 a.m. at Highway 29 and Mystic Springs Road.
The Century and McDavid stations of Escambia Fire Rescue, the Escambia County Sheriff’s Office and the Florida Highway Patrol responded to the crash.
Tropical Storm Colin Forms
August 3, 2010
![[Image of 5-day forecast and coastal areas under a warning or a watch]](http://www.nhc.noaa.gov/storm_graphics/AT04/refresh/AL0410W5_NL+gif/083114W5_NL_sm.gif)
Tropical Storm Colin formed in the Atlantic Tuesday morning, but it’s not forecast to cause any problems for Gulf Of Mexico residents.
Colin is forecast to northward an parallel the U.S. East Coast. It is not forecast to become a hurricane.
The latest details on Colin can be found in the graphic above (click to enlarge).