Yet Another Legal Hurdle Emerges For Prison Health Privatization
September 14, 2012
Florida’s long-running push to privatize prison health services could face another obstacle, as a likely contractor has taken a bidding dispute to a state appeals court.
Wexford Health Sources, which is slated to receive a contract to provide inmate health care in South Florida, filed a notice last week that it will appeal a Department of Corrections decision to dismiss a bid protest. Wexford filed the protest in July, after the department indicated it would contract with a competitor, Corizon, Inc., to serve prisons in other parts of the state.
The department also is expected to face a lawsuit that could be filed this week by the American Federation of State, County and Municipal Employees, a union that wants to block privatization. AFSCME said it would file the lawsuit after a legislative panel Wednesday made budget changes that would allow the department to move forward with contracting.
Corrections spokeswoman Ann Howard said Thursday the agency is continuing with the privatization effort, despite Wexford’s challenge in the 1st District Court of Appeal.
“At this point, we’re going to continue moving forward,” Howard said.
The Wexford appeal, however, creates uncertainty. If the company succeeds in the appeal, the bid protest would be revived and would go to an administrative law judge. That judge could call for changing the contract awards or even starting the procurement process again.
Wexford’s protest stems, at least in part, from the department’s decision to award contracts in different parts of the state. M. Christopher Bryant, an attorney for Wexford, said a major issue in the protest is that the department decided to award a combined contract for three regions to Corizon, while awarding only the South Florida region to Wexford.
In a protest document filed with the department in July, Wexford questioned whether the combined contract for Corizon was the “most cost-effective option for the department to provide health care services. Wexford contends that it is not, and is thus arbitrary and contrary to competition.”
The department’s dismissal of the protest, however, did not address such issues. Instead, it focused on a somewhat-esoteric legal issue about bonds that companies have to post when they challenge state bid awards.
Wexford provided a $100,000 check to serve as its bond, but the department said that amount was “deficient” and did not comply with state law. The bond requirement is aimed at making sure litigation costs get covered when the state wins bid-protest cases.
State law calls for bonds to total 1 percent of the overall contract amounts. Wexford contends that would have forced it to provide a $25 million bond, based on the department awarding five-year contracts and four different bid-award scenarios.
Wexford argues that such an amount is unconstitutional, with Bryant describing it as a “barrier” to legally contesting bids. But in its order last month dismissing the bid protest, the department took issue with the $25 million figure and Wexford’s arguments.
“Petitioner (Wexford) has not submitted a bond in the required statutory amount for any of the competitive solicitations, let alone all four,” the order said. “Further, the bond provided by petitioner was not based on the estimated contract amount for any of the competitive solicitations.”
The appeal, which likely will take months to resolve, is the latest twist in an ongoing controversy about the state contracting with companies to provide prison health services.
Lawmakers last year included fine print in the state budget that called for privatization. But AFSCME and the Florida Nurses Association filed a lawsuit challenging the constitutionality of using the budget fine print, known as proviso language, to make such a change.
Leon County Circuit Judge Kevin Carroll in July declined to rule on the constitutional question because the proviso language expired with the June 30 end of the state fiscal year. That led the department to announce it would go ahead with the privatization, based on other authority in state law.
The Legislative Budget Commission, a joint House and Senate panel, made budget changes Wednesday that were needed for the department to move forward. But AFSCME vowed to file another lawsuit to try to stop the privatization.
By The News Service of Florida
Firefighters Quickly Extinguish Hay Baler Fire
September 13, 2012
Fire heavily damaged a hay baler in Walnut Hill Thursday afternoon. The blaze was reported about 3:15 p.m. off Beasley Road near South Highway 99. Firefighters from the Walnut Hill Station of Escambia Fire Rescue were able to quickly extinguish the fire in the New Holland hay baler. NorthEscambia.com photo, click to enlarge.
Escambia County To Spray Areas For Mosquitoes Tonight
September 13, 2012
Escambia County Mosquito Control will conduct a “fogging mission” tonight from 6:30 until 10 p.m., weather permitting:
| Area 16A | North Boundary | Texar Drive |
| South Boundary | Cervantes Street | |
| East Boundary | Osceola Boulevard | |
| West Boundary | Hayne Street | |
| Area 29A | North Boundary | Tree Swallow Drive |
| South Boundary | Airport Boulevard | |
| East Boundary | Hilburn Road | |
| West Boundary | Pensacola Boulevard | |
| Area 32A | North Boundary | Interstate 10 |
| South Boundary | Mobile Highway | |
| East Boundary | Jamesville Road | |
| West Boundary | Ruby Fish Camp Road | |
| Area 33A | North Boundary | Interstate 10 |
| South Boundary | Blue Angel Parkway/Longleaf | |
| East Boundary | Wymart Road | |
| West Boundary | Pebble Creek Road | |
| Area 42A | North Boundary | Kingsfield Road |
| South Boundary | Nine Mile Road | |
| East Boundary | Highway 29 | |
| West Boundary | Ryale Road |
Fogging mission hours vary by start and conclusion times, but generally adult mosquito pesticides are applied in the early evening hours. We ask residents to keep travel in these areas to a minimum during spray times.
For additional information or to request service, please contact the Mosquito Control Division during normal business hours at 937-2188.
Charges Dropped Against Century Man Accused Of Assaulting Pregnant Girlfriend
September 13, 2012
Charges have been dropped against a Century man charged in April with assaulting his pregnant girlfriend in Century.
Darryl Thomas Frazier, age 24 of Alger Road, was originally charged with aggravated battery on a pregnant woman, criminal mischief property damage and second degree petit theft. Those charges were dropped after the victim refused to cooperate with prosecutors, according to the State Attorney’s Office.
He was accused of kicking in doors at his pregnant girlfriend’s residence on Burgess Road, punching her, slapping her and throwing her into a window frame. Frazier was also accused of taking $18 in cash, a debit card and an iPod docking station from the victim.
Escambia Man Gets Life For Killing Teen
September 13, 2012
An Escambia County man was convicted Wednesday afternoon in a 2011 murder and sentenced to two life terms.
State Attorney Bill Eddins said Jeremy Cornell Rand was convicted by an Escambia County Jury of one count of first degree premeditated murder and one count of attempted premeditated murder. At the conclusion of the trial, Judge Jan Shackelford sentenced Rand to two-life sentences to run concurrent with each other.
The convictions stemmed from the September 9, 2011, killing of Deiante Graham and shooting of Neyshana Nobles. Rand and two others confronted the victims in the parking lot of the Royal Crest Apartment complex while they were sitting in their car.
Rand mistakenly thought Graham had been looking through his apartment window and after Graham continued to deny it, Rand shot him in the chest. Nobles was shot one time in the neck.
Donny McKay, Jr., is also charged in the shooting and is scheduled for trial in November.
Rain Chances Creeping Back Into Weather Forecast
September 13, 2012
Here is your official North Escambia area forecast:
- Thursday Night: Partly cloudy, with a low around 66. Southeast wind around 5 mph becoming northeast after midnight.
- Friday: A 20 percent chance of showers and thunderstorms. Partly sunny, with a high near 87. Northeast wind 5 to 10 mph.
- Friday Night: Partly cloudy, with a low around 66. East wind around 5 mph.
- Saturday: A 20 percent chance of showers and thunderstorms. Partly sunny, with a high near 89. Northeast wind around 5 mph becoming east in the afternoon.
- Saturday Night: Mostly cloudy, with a low around 66. Southeast wind around 5 mph becoming calm after midnight.
- Sunday: A 40 percent chance of showers and thunderstorms. Partly sunny, with a high near 86. Light and variable wind becoming southeast 5 to 10 mph in the morning.
- Sunday Night: A 40 percent chance of showers and thunderstorms. Mostly cloudy, with a low around 68. Southwest wind around 5 mph becoming calm in the evening.
- Monday: A 50 percent chance of showers and thunderstorms. Mostly cloudy, with a high near 85.
- Monday Night: A 30 percent chance of showers and thunderstorms. Mostly cloudy, with a low around 68.
- Tuesday: A 30 percent chance of showers and thunderstorms. Partly sunny, with a high near 87.
- Tuesday Night: A 20 percent chance of showers and thunderstorms. Mostly cloudy, with a low around 65.
- Wednesday: Mostly sunny, with a high near 84.
Scott Asks Washington To Cover Local Isaac Damage
September 13, 2012
Florida counties affected by Hurricane Isaac would be eligible for federal grants under a request made this week by Gov. Rick Scott, including Escambia and Santa Rosa counties.
Escambia County leaders say Hurricane Issac left behind $13 million in damage to Pensacola Beach and Perdido Key. Of that, about $10 million is eligible for reimbursement from FEMA.
A preliminary damage assessment found Pensacola Beach lost 250,000 cubic yards of sand, which will cost about $8 million to fix. Perdido Key lost 180,000 cubic yards and had up to $6.3 million in damage.
Santa Rosa County estimates $704,000 in damages in the unincorporated areas — $4,000 to parks and $700,00 for Navarre Beach erosion.
The money requested by the governor reimburse local governments for debris removal costs and other costs related to damage to public facilities from the storm.
Register Now For 3rd Annual Chief Challenge 5K Run/Walk
September 13, 2012
The Third Annual Chief Challenge 5K Run/Walk is coming to Northview High School.
The event will be held Saturday, October 6 at 8:30 a.m. at the school campus in Bratt. “The course is not your typical 5K race. It includes a variety of terrains and challenging hills around the campus,” according to event organizers.
Awards will be presented to the top six male and female runners in the elementary, middle and high school categories, and to the top three male and female runners in two adult categories plus master and grand master.
For a registration form and more details, click here. The registration fee and a t-shirt are discounted to only $15 though September 28.
“The event is to promote wellness through running and walking in the area. Now with Bratt Park more and more people are taking advantage of the walking track and getting into shape,” said Natalie Nall, cross country coach at Northview.
About 120 runners and walkers took part in last year’s Chief Challenge.
The Chief Challenge 5K Run/Walk is sponsored in part by NorthEscambia.com.
Pictured: The 2011 Chief Challenge. NorthEscambia.com file photos, click to enlarge.
State Voter Purge List Shrinks, Agreement Reached
September 13, 2012
A controversial list of 2,600 allegedly illegal voters has been whittled to 207, Florida election officials said Wednesday after running the names through a federal immigration database.
Florida Secretary of State Ken Detzner said the names, about 8 percent of the initial list, will be forwarded to local election officials as early as next week.
The revised list was released the same day as an agreement was announced between the state and voting rights groups over efforts to remove non-citizens and other ineligible voters from the ranks.
“We want every Florida voter to be confident that their vote is protected and not hurt in any way by the illegal activity of others,” Detzner said in a statement. “We know that every vote counts, especially here in Florida where only 537 votes decided the presidential election in 2000.”
Wednesday’s announcement marks the latest development in a months-long battle between voting rights advocates, state and federal elections officials over Republican-led efforts to cull the ranks of voters and eliminate those not eligible to cast ballots.
Voting groups, which filed suit in federal court to stop the purge, said the new agreement would help prevent the targeting of minorities, who disproportionately turned up on earlier lists of questionable voters.
“The citizens of Florida have taken another step toward realizing the right to vote, without any undue barriers imposed by the state,” said Penda Hair, co-director of Advancement Project, a plaintiff in the case.
At Gov. Rick Scott’s urging, state election officials last year began looking at whether ineligible voters were showing up in the rolls.
To find out, the state began comparing voting rolls with drivers-license data, coming up with an initial list of 2,600 names it sent to local officials earlier this year. Election supervisors suspended the purge after it became clear that eligible voters were incorrectly included in the non-voter list.
At the center of the controversy was a request by Florida officials to access a federal Department of Homeland Security database that tracks the status of non-citizens. State election officials filed suit to use the system to more accurately determine the status of registered voters.
Under the agreement penned Wednesday, state officials will advise local election supervisors to return to the rolls voters who were removed earlier but can’t be confirmed as non-citizens. Voters who were incorrectly removed from the rolls will receive letters telling them they are indeed eligible to vote.
Also, voters whose names turned up on earlier lists would not be required to vote by provisional ballot.
“Any number of people who are registered to vote and who are not eligible is a serious problem, whether that number is two or 207,” said Howard Simon, executive director of ACLU of Florida, in a statement. “But given the less-than-competent record of state officials in voter purging over the years, Floridians would be right to be skeptical of anything coming from this current purge.”
By The News Service of Florida
Baby Shower Saturday For Wife Of Late Paramedic
September 13, 2012
A baby shower will be held this Saturday at the Century Fire Station for the wife of a paramedic and fire department member killed recently in a traffic crash.
Lt. Nathan Berry was a member of the Century Fire Department and the Friendship Fire Department, and he was a paramedic supervisor with Lifeguard EMS in Santa Rosa County and a former paramedic with Atmore Ambulance. Berry, 22, was killed in an off-duty traffic accident south of Jay in June.
The baby shower for Tiffany (Hanks) Berry will be held from 2-4 p.m. at the Century Fire Station, 10 Tedder Road, just off Highway 29, for the Berry’s unborn son Mason.
Mason will need any and all baby items, including clothing for 0-12 months, according to event organizers. Gifts are also welcome for Mason’s big sister, Anna Claire. Her clothing size is 18-24 months and her shoe size is 5.
Gifts from those unable to attend can be dropped off at the Lifeguard EMS office at 4340 Avalon Boulevard in Milton from 8 a.m. until 5 p.m. through Friday or the Century Fire Station from 7 a.m. until 4 p.m. through Friday, or the Flomaton City Hall at 2125 Ringold Street from 7:30 a.m. until 4:30 p.m. through Friday.
Those attending are asked to call (850) 619-0729 or email shaunmoye@att.net in advance so that an accurate count can be obtained for food.