House Advances Fertilizer Bill
March 24, 2011
A controversial proposal to prohibit local governments from establishing stricter fertilizer ordinances than the state allows passed the House Community and Military Affairs Subcommittee in an 8-7 vote on Wednesday after over an hour of debate.
The bill (HB 457) upsets many environmentalists who believe the state standard isn’t strict enough. Fertilizer often contains nitrogen and phosphorus, which can hurt water quality.
The bill was amended Wednesday to allow the Department of Environmental Protection and Florida’s water management districts to have authority over regulating fertilizer use as it relates to water quality standards. Before the amendment, the Department of Agriculture and Consumer Services would have largely controlled the enforcement of the bill. Many environmental groups oppose the measure.
“This is a water quality issue,” said Mary Jean Yon, a lobbyist for the Audubon Society. “Any decrease in the ability of local government to deal with and protect their local waters is a step back in the overall protection of the state’s resources.”
Business groups support it, saying retailers who sell fertilizer have suffered from strict local ordinances regulating fertilizer.
“We are doing everything we can to strike a balance between keeping commerce going and addressing water quality,” said Jose Gonzalez, a lobbyist with Associated Industries of Florida.
Local counties and cities generally oppose the measure because it strips away their power to control fertilizer use. The measure has two more committee stops in the House of Representatives and two more in the Senate.
Former Gov. Crist Testifies Against Samsom In Theft Trial
March 23, 2011
A project prosecutors say was a thinly-veiled attempt to get a state-funded hangar for one of former House Speaker Ray Sansom’s supporters would have drawn a veto if the proposal were honestly explained to him, former Gov. Charlie Crist testified Wednesday.
Speaking at the theft trial of Sansom and Jay Odom, a political ally, Crist told jurors he would have nixed the line item for the $6 million project, billed as an emergency operations center, if he had been aware that it was aimed at getting a hangar for Odom, as prosecutors argue. Crist made similar comments at a proffer hearing earlier in the morning, when Circuit Judge Terry Lewis ruled that the former governor’s testimony could be heard by the jury.
“I would have vetoed it if I had know what the real facts were,” Crist said in the earlier session.
Crist and former Senate Budget Chairwoman Lisa Carlton, R-Osprey, testified about their knowledge of how the project at Northwest Florida State College, then called Okaloosa Walton Community College, came to be included in the budget passed by the Legislature in 2007.
Reports that Sansom, as House budget chief, funneled money to the college and then took a $110,000-a-year job at the school around the same time he became speaker eventually forced him from the speakership before the start of the regular legislative session in 2009.
In their cross-examination, defense lawyers tried to make the point that Crist had little knowledge of whether the project at the college was actually in line with what the state expected, and that he based his later statements that he would have vetoed the project — and his decision to ask the college to return the money — on little more than newspaper accounts.
Crist said he also got some information about the emerging questions surrounding the project from Budget Director Jerry McDaniel.
“But you don’t know who he talked to either, though, do you?” asked James Judkins, Odom’s attorney.
“No, I don’t,” Crist responded.
“He might have just read the paper too,” Judkins said.
“That’s not a terrible thing,” Crist replied.
Defense attorneys also appeared to be trying to lay the groundwork for saying that the project really was justified by the need for better emergency preparations in Destin.
“We had just had a lot of hurricanes the past couple of years prior to that,” Crist conceded under cross-examination.
Much of Crist’s testimony came over the objections of defense lawyers, who said it couldn’t shed any light on whether Sansom and Odom are guilty of theft and conspiracy by getting the project inserted into the budget.
“Why he didn’t veto [the item] is of no moment in this case. … He could have signed the bill at the beach, for all the world cares,” Judkins told Lewis.
Talking to reporters after his testimony, Crist avoided saying whether he thought Sansom was guilty of wrongdoing. But Crist, now a lawyer in private practice at personal injury firm Morgan & Morgan in Orlando, did say he thought the project was “wholly inappropriate.” He said he would have used his line-item veto on the measure if Sansom and Odom had told him up front the real intent of the project.
“I mean, if they’re going to describe to the governor’s office and the budget office that it’s going to be used for a certain purpose, and in fact it’s going to be used for something else, that’s the first clue that maybe it’s inappropriate,” Crist said. “But the fact that, as we have later learned, that was the case, it was clear to me that had we known that beforehand, it would have been vetoed first.”
Carlton testified about the large surplus of PECO dollars – the school construction fund – that the state had and how several projects were added to the budget following a revenue estimating conference that showed the extra money.
Prosecutors are expected to wrap up their case by the end of the week. It is not clear yet whether Sansom will testify in his own defense.
By Brandon Larrabee
The News Service of Florida
Frontier Phone Service, 911 Outage Repaired
March 23, 2011
(Updated) Thousands of Frontier Communications local telephone customers in North Escambia were unable to make some calls, including calls to 911, Tuesday night and Wednesday morning.
But by noon Wednesday, all service was restored, according to Stephanie Schifano, communications manager for Frontier. She said the company was still working to determine the cause of the outage that impacted Frontier customers in the Walnut Hill (327) and Molino (587) exchanges.
Schifano said Frontier customers still experiencing issues with toll calling and high-speed internet services should contact Frontier at 1-877-462-8188 to request further assistance.
During the outage, many Frontier customers were unable to reach 911, according to Sonya Daniel, public information manager for Escambia County. As a precaution, a volunteer staffed the Walnut Hill Fire Station for any walk-up emergencies during the outage. The Molino Fire Station already has a paid crew in the station during the weekdays.
According to Frontier, customers in Walnut Hill, Davisville and Bratt were unable to call 911 from their landline phone. The company said that Walnut Hill area customers experienced no other problems. Frontier said customers in Molino were able to call 911, but calling outside of Molino and high speed internet were out.
NorthEscambia.com confirmed that Frontier landline customers in Walnut Hill were also unable to call outside the Walnut Hill and Atmore areas and were unable to receive calls from outside the local area.
Having Trouble Calling NorthEscambia.com?
March 23, 2011
NorthEscambia’s local 327 phone number is out this morning due to an area-wide outage being experienced by Frontier Communications.
If you try to call NorthEscambia.com on our 327 number and are unable to reach us, use our cell phone number. If you do not have the number, email news@northescambia.com and we will respond.
For the latest information on the area outage, click here.
Don’t forget — NorthEscambia.com is available on your internet-enabled cell phone or smartphone.
Editor’s Note: NorthEscambia.com does not have a phone number available to the general public. Our local 327 number is for business and media source related use only.
Missing Area Dog Found 900 Miles Away In Texas, Flown Home
March 23, 2011
An Escambia County, Alabama, dog is back home today after being found 900 miles away in Brownsville, Texas.
Shady, a German shepherd mix went missing back in January. She somehow traveled from her Brewton, Alabama, home across four states to south Texas. Found wondering the streets of Brownsville with a pack of stray dogs, Brownsville animal control officers located her microchip and were able to contact owner Jodie Wilson back in Alabama.
“Receiving the phone call was shocking, knowing exactly where she was at and how far away it was with her being unharmed was utterly amazing! After being gone for so long we just assumed the worst. This is a wild but amazing story,” Wilson said.
Danny Ritter, a volunteer with Pilots N Paws flew Shady from Houston to Brewton for a happy reunion.
“We will never know how she got that far but Jesus was traveling with her because he put his angels to work. Shady’s guardian angels have rescued her, sheltered her, arranged for her to come home, transported her, watched over her, donated money for her journey home, flew her home and cared for her while she was on her big adventure,” Wilson said.
And Wilson’s advice for other pet owners? “Microchip your pet, it works!”
Pictured: Members of Shady’s family met her at the Brewton Airport after she was flown back from Texas. Photos for NorthEscambia.com, click to enlarge.
Local 4th Of July Fireworks Could Return As Joint Flomaton, Century Project
March 23, 2011
Fourth of July fireworks could once again light up the summer sky this year in Flomaton.
Plans are underway for the town of Flomaton, the town of Century, the Flomaton Chamber of Commerce and the Century Chamber of Commerce to split the $2,500 fireworks cost at an even $625 each. If the show goes on, it will take place over the lake at Hurricane Park.
The Century Town Council says they are game to chip in their $625 — with a catch. The Century council wants Flomaton to agree that the fireworks show will take place in Century in 2012.
There’s no word yet from the town of Flomaton if they are willing to help fund a show in Century next year.
The $2,500 cost includes both the fireworks show and liability insurance.
Scott Orders Drug Testing For State Employees
March 23, 2011
Gov. Rick Scott signed an executive order on Tuesday that will require random drug testing of many current state employees as well as pre-hire testing for applicants.
“Floridians deserve to know that those in public service, whose salaries are paid with taxpayer dollars, are part of a drug-free workplace,” Scott said. “Just as it is appropriate to screen those seeking taxpayer assistance, it is also appropriate to screen government employees.”
The reference to taxpayer assistance referred to a push by Scott and legislative Republicans to require those who apply for state benefits under the Temporary Assistance to Needy Families program to submit to a drug test before getting benefits. That proposal (SB 556) was approved unanimously on Tuesday by the Senate Criminal Justice Committee. It has another stop before the Senate floor.
Under Scott’s proposed order, current employees in agencies that answer to the governor, would be subject to periodic random screening. The executive order signed by Scott says the tests would require testing of each employee “at least quarterly.” The random testing of current employees will begin in 60 days under the order.
“A better, healthier, more productive workforce is something taxpayers deserve,” said Scott spokesman Brian Hughes.
Effective immediately, any new hires in governor’s agencies would also be subject to pre-hire drug testing under the order.
State agencies are already allowed – though not required – to do pre-hiring drug screening under the Florida Drug-Free Workplaces Act. State officials couldn’t say Tuesday which, if any, agencies already do that.
State agencies, under that law, also can already require drug testing when there’s suspicion that a current employee is using illegal drugs, but courts have generally found that random testing of government workers who aren’t in jobs that affect public safety, such as bus drivers, or in security positions, amounts to a “search” by the government. Such searches must be “reasonable,” generally, and some courts have interpreted such requirements of ordinary government workers as a violation of the U.S. Constitution’s Fourth Amendment right against unreasonable searches.
In fact, almost immediately Scott’s order came under fire from the ACLU, which said that a 2004 federal court ruling in Florida on exactly this issue made at least part of Scott’s order unconstitutional.
In that case, U.S. District Judge Robert Hinkle ruled that the Department of Juvenile Justice was violating the Fourth Amendment in ordering random drug testing. Hinkle ordered DJJ to halt the random drug testing and pay the employee who sued, Roderick Wenzel, $150,000.
It’s not clear whether the DJJ ever did stop its random drug testing. A spokeswoman for the agency referred that question to the governor’s office.
Hughes, the Scott spokesman, said he didn’t know enough about the case to comment on what ever happened to the Wenzel case, or why it didn’t have a bearing on Tuesday’s order.
But the ACLU contends that random searches of all employees aren’t allowed.
“I’m not sure why Gov. Scott does not know that the policy he recreated by executive order today has already been declared unconstitutional,” ACLU of Florida Executive Director Howard Simon said in a statement. “The state of Florida cannot force people to surrender their constitutional rights in order to work for the state. Absent any evidence of illegal drug use, or assigned a safety-sensitive job, people have a right to be left alone.”
Hughes said Scott, obviously, believes otherwise.
“The governor has some of the best legal advisors available,” Hughes said. “This executive order is within his legal authority.”
Former Carver/Century Play Area Gets New Home At Bratt Elementary
March 23, 2011
A covered play area formerly located at Carver/Century School has a new home at Bratt Elementary School.
Contractors have nearly completed the process of moving the 40 x 60 foot steel structure to Bratt. The low bidder on the project was Trammell Construction, Inc. at $48,275 for moving the structure, plus $1,051 for an intercom system for the play area. There were six other bids received in amounts up to $99,000.
The 16-foot high cover was disassembled in Century and re-erected at Bratt with electricity and appropriate lighting.
“The request was made by the school to investigate the feasibility of relocating the covered play structure located at the former Carver/Century K-8 school to Bratt Elementary. The assessment was conducted and the project was commissioned,” said Shawn Dennis, assistant superintendent of operations for the Escambia County School District.
Pictured: A covered play area was relocated from Century to Bratt Elementary School.
Man Gets 10 Years In Prison For Dog Fighting
March 23, 2011
An Escambia County, Alabama, man has been sentenced to 10 years in prison for dog fighting.
Terrance McNeil pleaded guilty to felony dog fighting charges that stemmed from a 2008 incident in Atmore. An anonymous tip led investigators with the Atmore Police Department and the Human Society of Escambia County (Ala.) to North Sunset Drive where they found a makeshift dog fighting arena.
According to investigators, they found several vehicles parked outside a trail that led into a thickly wooded area, ending at a “plywood pit” surrounded by floodlights powered by a portable generator. They also located an assortment of alleged dog fighting paraphernalia.
Two other people are awaiting trail in connection with the incident.
Pictured top: An alleged dog fighting arena discovered in a wooded area off North Sunset Drive in Atmore in June, 2008. Pictured inset: Terrance McNeil was sentenced to 10 years in prison for dog fighting. Pictured below: One of the dogs allegedly involved in the incident. Submitted photos for NorthEscambia.com, click to enlarge.
Federal Agency: Poarch Creek Gaming Is Legal
March 23, 2011
The federal agency that oversees Indian gaming in the country has responded to Alabama Attorney General affirming that electronic bingo is legal on Poarch Creek Indian tribal land.
In a letter to Attorney General Luther Strange and Gov. Robert Bentley, the National Indian Gaming Commission said Poarch Creek facilities, including Wind Creek in Atmore, can offer electronic bingo since it is legal to play paper bingo elsewhere in the state.
“So long as a state permits the game of bingo, regardless of the state’s definition of the game, an Indian tribe within that state may also play bingo as defined in IGRA (Indian Gaming Regulatory Act),” Tracie L. Stevens, chairwoman of the NIGC stated in the letter. “Tribes are not bound to state definitions of the game of bingo. If a state permits paper bingo only, as Mr. Strange represents Alabama does, a tribe within that state may play electronic bingo so long as it otherwise meets IGRA’s Class II gaming definition.”
The federal agency issued the letter in response to a claim by AG Strange that electronic bingo was prohibited in Alabama.
“I would also ask that any regulations make clear that the mere fact that traditional bingo is allowed in certain parts of this State does not mean that “electronic bingo” is legal on Indian lands in this State,” Luther Strange said in a letter to the National Indian Gaming Commission (NIGC) in February.
“I urge you to make clear that Native American Indian tribes located in Alabama cannot engage in gambling activities that are patently illegal under Alabama law,” the AG said.