Judge Blocks Part Of PIP Insurance Law
March 21, 2013
A Tallahassee circuit court judge has, at least temporarily, blocked part of a law passed last year that sought to reduce fraud in the personal injury protection auto insurance system with a scathing critique of the no-fault law, saying it doesn’t give people access to the courts when they’re wronged.
Leon County Circuit Judge Terry Lewis noted that no-fault law is a trade-off of access to a court remedy for wrongs for “a reasonable alternative” to a right to sue that speeds up payments for injury claims and lost wages, and some immunity from being held liable for others’ losses. But in the 40 years that Florida has used no-fault insurance, which Lewis likened to a “socialist” scheme depriving individuals of their rights, new restrictions have come into play that have forced reviews of whether they go over the line in denying people access to legal remedies to injuries.
In the case of the new restrictions on claims under the PIP law, Lewis said it appears they might. In light of the new law’s restrictions on the ability to be covered for certain treatments and other limits, the question arises, “is the no-fault law still a good deal?” Lewis wrote. “Is it still a reasonable alternative to the rights guaranteed to citizens under … the Florida State Constitution.?
“The answer to those questions is probably, like beauty, in the eye of the beholder, and reasonable people may disagree. From my perspective, however, the revisions to the law make it no longer the ‘reasonable alternative’” earlier courts had okayed,” Lewis wrote in a short order granting a temporary injunction.
Lewis prohibited the enforcement of only those sections of the law requiring a finding of emergency medical condition as a prerequisite for full payment of PIP benefits, or the sections that bar payment of benefits provided by chiropractors, massage therapists and acupuncturists, who had challenged the new law. The PIP law, passed last year in HB 119, limited covered medical care to $2,500, instead of the usual $10,000, if the injured claimant can’t show an emergency medical condition.
The Legislature created the no-fault car insurance system in 1971, a move, Lewis wrote, that not only took away people’s right to sue, but relieved “the wrongdoer of responsibility for his conduct, and granting him immunity from civil liability.” He called the system an example of an “experiment with socialism and the trend away from those libertarian principles of individual liberty and personal responsibility.”
Backers of the new law had said for years that the PIP system was rife with fraud, with fly-by-night providers billing for un-needed, or phantom “medical care.” Gov. Rick Scott had made passage of limits on the insurance claims a major part of his agenda last year.
By The News Service of Florida
Mira Awards Honor Escambia’s Most Creative Seniors
March 21, 2013
Seventy of Escambia County’s most creative high school seniors were honored Thursday night during the 2013 Mira Creative Arts Awards Banquet at New World Landing.
Mira Award recipients were nominated for the award by their teachers and received engraved medallions, a book scholarship from Pensacola State College, memberships from the Pensacola Museum of Art and Artel Gallery, and Certificates of Special Congressional Recognition from Congressman Jeff Miller.
2013 Mira Creative Arts Award recipients were:
Northview High School: Alison Danielle Bardin, Vocal Music; Ashton Brooke Gibbs, Instrumental/Vocal Music; Alisha Grice, Graphic Arts; Zach Johnson, Journalism; Courtney Lambert, Culinary Arts; Ashley Mooney, Graphic Arts; Maranda Moye, Journalism; Stephanie Roach, Instrumental Music; Johnnie Smith, Visual Arts; Julia Thorpe, Journalism.
Tate High School: Lindsey Gordon, Band; Marissa Sue Jackson, Orchestra; Jennifer Haley Krostag, Visual Arts; Nicholas Andrew Krostag, Television Production; Katie Massey, Band; Kimberlee Marie Richards, Photography; Victoria Ryder, Yearbook Photo Editor; Amy Sapp, Mock Trial; Brooke Lindsey Marie Verlaan, Drama; Elizabeth Violet Watson, Chorus.
West Florida High School: Natalie Allgyer, Art; Italia Maria Brinston, Band; Lauren Hughes, Journalism/Yearbook; Jacob McDonough, Band; Lauren Elaine Meadors, Drama/Performance; Jahleel Ordoñéz, Multimedia; James Rhyne, Drama-Scenic Design/Technical Theatre; Michelle Shepherd, Newspaper; Jessica Taylor, Art; Hannah Woolford, Journalism/Yearbook.
Pine Forest High School: Serena Bishop, Band; Jennifer Lenore Cacal, Media Academy; Joshua Tyler Carnahan, Yearbook; Alyssa Marie Jones, Art; Christopher S. Patch, Culinary Arts; Kaylee Toyne, Art; Angel Trevino, Culinary Arts; Zachary Walston, Media Academy; Adrian Maurice Jackson Weatherspoon, Yearbook; Morganthë Williams, Theatre.
Escambia High School: Erran Bergstrom, Instrumental Music; Mindy Lynn Cramlet, Visual Arts; Danielle Davis, Culinary Arts; Alyssa Etienne Elliott, Visual Arts; James Thomas Faist, Chorus; Caitlin Fournier, Journalism; Elaina Keyes, Theatre; Amelia Slaughter, Instrumental Music; Shelby Vanstraten, Instrumental Music; Kelsey Wood, Digital Multimedia.
Pensacola High School: Jasmine Bradstreet, Instrumental Music; Anishandeliz Claudio-Torres, Instrumental Music; Hannah Fernandes-Martin, Visual Arts; Savannah Green, Drama; Lauren Heckathorn, Visual Arts; Christina Jones, Instrumental Music; Samantha Negron, Instrumental Music; Caroline Shell, Photography; Rhiana C. Simon, Fiction/Nonfiction; Courtney Stein, Visual Arts.
Washington High School: Heath Barrow, Visual Arts; Kristen Michelle Broussard, Instrumental Music; Breyanna Cayla Chapron, Vocal Music; Austin Paul Marvin Conner, Jr., Instrumental Music; Elliot David Friedman, Drama; Cameron A. Gonzales, Drama; Amanda Irby, Vocal Music; Shane King, Visual Arts; Adam Vinson, Instrumental Music; Matt Young, Visual Arts.
About The Mira Creative Arts Awards
In 1987, a group of teachers at J. M. Tate High School created the Mira Awards to recognize talented and creative students in the arts and sciences. The following year, the committee approached the Foundation to bring the awards under its umbrella and to initiate county-wide student participation each year in the areas of writing, performing and visual arts, and other disciplines. The term “Mira” is Latin for the name of the brightest star in the constellation Cetus.
Pictured top: Alison Bardin (left) and Ashton Gibbs of Northview High School are two of the 2013 Mira Creative Arts Award winners. NorthEscambia.com file photo, click to enlarge.
Senate Has Different Economic Development Budget Plans Than Scott
March 21, 2013
The first budget proposals out of the Senate Subcommittee on Transportation, Tourism, and Economic Development offer a number of unkind cuts to Gov. Rick Scott’s business plans for the next fiscal year.
Rather than the $105 million for flexible funding for Enterprise Florida in Scott’s fiscal plan, the Senate proposal would provide the agency now operating on $111 million this year just $16.2 million for the 2013-14 fiscal year.
The Senate also is rejecting another $173 million Scott proposed for Enterprise Florida to use as one-time funds for incentives and economic development programs.
Space Florida wouldn’t see any of the $10 million Scott has proposed, nor would the Office of Film and Entertainment get another year of $120,000.
With eyes on Asia with the expansion of the Panama Canal, Scott has proposed $600,000 for economic development offices in Japan and China, $300,000 to advocate for international business relationships, and $350,000 for the International Trade and Promotion Trust Fund. The Senate has countered with $150,000 for the offices, $100,000 for international business relations, and nothing for the trust fund.
The Enterprise Florida marketing brand, introduced with some controversy in January for featuring a bright orange necktie in the place of the ‘i’ in Florida – which some said implied business was only for men – would only get half of the $3 million Scott has proposed.
The Senate plan does include a few items Scott didn’t propose: $500,000 for the Florida Manufacturing Extension Partnership; $400,000 for the Latin Chamber of Commerce of the United States’ Florida Trade and Exhibition Center; $2.5 million for the Rowing Center in Sarasota County; $1 million for infrastructure enhancements at the Miami Design District; $500,000 for the Florida Holocaust Museum in St. Petersburg; $10 million for the construction of a 50,600-square-foot Sarasota-Manatee transportation operations center; and $50 million to complete the St. Petersburg to Titusville “Coast to Coast Connector Trail” bicycle and foot path.
The Florida Defense Support Task Force, for which Scott wanted $2 million, would get $5 million from the Senate.
The Senate proposals will return before the committee next week before being sent to the full Appropriations Committee.
“It would be my intent the committee give a favorable recommendation with this particular first wave of budget proposals,” the panel’s chairman, Sen. Andy Gardiner, R-Orlando, said on Wednesday.
The Senate is also proposing the elimination of 150 positions in the Department of Transportation and 43.5 positions in the Department of Highway Safety and Motor Vehicles.
All of the DOT positions are vacant, while 41 in DHSMV are currently filled, of which 39 are expected to be transferred into county tax collection offices.
By The News Service of Florida
Aggie Classic Day Three
March 21, 2013
Pensacola’s Washington High School will face Edmond North, OK, tonight at Blue Wahoos Stadium for the Aggie Classic championship.
Here’s a look at Wednesday’s score and the schedule for Thursday’s final game of play:
Wednesday’s Results
Cardinal Pool
Washington 4, Jay (OK) 0
Edmond North (OK) 1, Hueytown (AL.) 0
Navarre 4, Hume-Fogg (TN) 3
Overton (TN) 4, Washington (OK) 3
Escambia 8, Tahlequah (OK) 4
Tate 12, Grove (OK) 2
Grey Pool
Norman North (OJ) 4, Milton 3
Westmoore (OK) 5, Goodpasture 3
Arlington Country Day 17, Claremore (OK) 0
McAdory (AL) 3, West Florida 2
Greenwood (AR) 6, Pryor (OK) 3
Thursday’s Schedule
At Tate High
• Hueytown, AL vs. Goodpasture, TN, 4 p.m.
• McAdory, AL vs. Tate, 7 p.m.
At Escambia High
• Overton, TN vs. Jay, OK, 4 p.m.
• Escambia vs. Westmoore, OK, 7 p.m.
At Washington High
• Navarre vs. Pryor, OK, 4 p.m.
At West Florida High
• Milton vs. Tahlequah, OK, 4 p.m.
• West Florida vs. Washington, OK, 7 p.m.
At Pensacola State
• Greenwood, AR, vs. Grove, OK, 4 p.m.
• Hume-Fogg, TN, vs. Claremore, OK 7 p.m.
Blue Wahoos Stadium
Third-Place Game
• Jacksonville Arlington Country Day (3) vs. Norman North, OK (4), 4 p.m.
Championship
• Washington (1) vs. Edmond North, OK. (2), 7 p.m.
Bill Would Require Drug Database Checks In Florida
March 21, 2013
Despite objections from physician groups, a House subcommittee Tuesday approved a bill that would require doctors to check a prescription-drug database before prescribing controlled substances.
HB 831, sponsored by Rep. Mike Fasano, R-New Port Richey, deals with a database that began operating in 2011 as part of a state effort to crack down on abuse of prescription drugs such as painkillers. Fasano said current law does not require doctors to check the database before prescribing controlled substances. He said such a requirement would help prevent users from “doctor shopping” to get numerous prescriptions.
“The time will be … a matter of seconds to check a database to save a life,” Fasano said, before the Health Quality Subcommittee voted 11-1 to approve the measure.
But physician groups said the bill would go too far — for example, requiring doctors to check the database when they prescribe small amounts of controlled substances to patients who undergo minor procedures and are not in danger of abusing the drugs.
Chris Nuland, a lobbyist for the Florida chapters of the American College of Physicians and the American College of Surgeons, called the database a “wonderful tool” that maybe could be used more than it is now.
“But it is not appropriate in each and every circumstance, and, to do that, adds an extra layer of hassle, an extra layer of cost to the health-care system,” Nuland said.
The bill is next slated to go to the House Health Care Appropriations Subcommittee. A Senate bill (SB 1192) that would revise the database requirements is scheduled to be heard Wednesday in the Senate Health Policy Committee.
By The News Service of Florida
ECUA Environmental Award Presented To Owner Of Arby’s Franchises
March 21, 2013
ECUA recently presented their “Protector of the Environment” award to Beavers, Inc, which operates six Arby’s franchise restaurants in the Pensacola area.
The POE award is a unique initiative, rewarding local businesses and food service establishments for promoting a safe working and clean eating environment through the ECUA’s Fats, Oils and Grease (FOG) and Backflow programs.
Beavers Inc. owner Jimmie Beavers said his company was honored to receive the award.
“The recognition supports an area focus and concern for the environment demonstrated by the local restaurants. Our company takes a responsible approach to protecting our community and is proud to be a part of the success under this Escambia County program,” Beavers said after receiving the award from ECUA Board Chairman Larry Walker.
The POE award recognizes organizations that train their employees on “best management practices,” participate in scheduled 90-day cleanliness inspections, have no FOG or Backflow violations, and no warnings within a one year period.
Beavers Inc. is a family owned and operated business, founded nearly 28 years ago. Currently, Beavers Inc. owns and operates 55 Arby’s franchise restaurants throughout the southeastern United States.
Pictured: (L-R) Trevor Rodabaugh, Beaver’s director of west operations; Kevin Marsh, Beaver’s area supervisor/Pensacola market; Nettie Williams, ECUA director of customer service; Jimmie Beaver, Beaver’s President & CEO; Dr. Larry Walker, ECUA board chairman; Greg Thompson, Beaver’s vice president of operations. Submitted photo for NorthEscambia.com, click to enlarge.
Gracie Eugenia Phillips
March 21, 2013
Gracie Eugenia Phillips, 49, passed away March 20, 2013. Gracie was a 1982 graduate of Tate High School. She was a member of Highland Baptist Church where she played the piano for 30 years. Gracie enjoyed singing Karaoke in her spare time. When she was home, Gracie loved playing with her cats.
Gracie was preceded in death by her mother, Mildred E. Phillips. She is survived by her father, Bobby Phillips; step-mother, Wanda Phillips Walker; step-sister, Michelle Walker; step-brother, Jamie Walker; two aunts, Gracie Ann Carnley and Katerine Polizo; uncle, Robert Wesley Phillips and numerous cousins.
The family will receive friends at Highland Baptist Church on Saturday, March 23, 2013, from 2 p.m. until service time at 3 p.m. Brother Brian Calhoun will officiate. Interment will follow in Highland Baptist Church Cemetery.
Pallbearers will be deacons of Highland Baptist Church and Robert Kennedy.
In lieu of flowers the family requests memorial tributes may be made to the Gracie Phillips Memorial Fund at Highland Baptist Church, 6240 Highway 94A North, Molino, FL 32577.
Faith Chapel North Funeral Home is in charge of arrangements.
Man Wanted For Lewd Acts In Multiple Stores
March 21, 2013
The Escambia County Sheriff’s Office and the Pensacola Police Department are continuing to work to identify a man that allegedly exposed himself to children at multiple stores.
The incidents occurred around 1 and 3 p.m. Saturday inside retail stores in the city and county, said Pensacola Police Detective Jeff Brown. The suspect reportedly followed the two females, ages 10 and 11, around the stores and when they were alone, he exposed himself to them.
On Saturday, the man was wearing a gray T-shirt with a dark logo on the front and back and a dark baseball cap. In one surveillance photograph he was wearing long dark pants and in another he had on dark shorts.
Authorities said he appears to be a middle aged white male with short or bald hair with a light colored goatee or beard. He is believed to be about 40 to 60 years old. He’s wanted for a lewd and lascivious act involving a minor.
Anyone with information on his identity is asked to call Crime Stoppers at (850) 433-STOP, the Pensacola Police Department at (850) 435-1900 or Detective Jeff Brown at (850) 435-1980.
William H. Phillips (Bill)
March 21, 2013
Mr. William H. Phillips (Bill) lost his valiant battle with Acute Myeloid Leukemia (AML) on March 19, 2013, at UAB Hospital in Birmingham, Alabama.
Bill, a native of Atmore, was preceded in death by his parents, Harvey L. and Mildred Ellison Phillips.
Plagued by many medical issues throughout his life, Bill never lost his joy for life. His goal in life was to provide for his wife of almost 39 years, Peggy Donaldson Phillips; three sons,
William Sheldon (Casey) Phillips, Chad Harvey Phillips (Becky Harper), Brandon Charles (Marsha) Phillips; daughter, Chaselyn K. Phillips; two sisters, Joyce P. Sellers and Barbara P.
(Wayne) Harrison; and one brother, Joseph A. (Becky) Phillips. He is also survived by four grandchildren.
Bill loved the land and farmed for many years. After he was no longer able to farm, he worked in the parts department of Escambia Farm Equipment Co. in Atmore.
Bill struggled with Multiple Sclerosis for many years, and was diagnosed with AML in 2011.
He was a member of McRae Street United Methodist Church.
Funeral services will be held Friday, March 22, 2013, at 2 p.m. from the Johnson-Quimby Funeral Home Chapel, with Rev. Diane Everette officiating. Burial will be at Oak Hill Cemetery.
Pallbearers will be nephews: Chris Harrison, Travis Harrison, Michael Harrison, Jonathon Phillips, Jarard Phillips, Ray Sellers, Shane Godwin, Blake Godwin, Michael Donaldson and
Steven Donaldson.
Donations in Bill’s memory may be made to McRae Street United Methodist Church, 2121 Quail Street, c/o Judy Tillery, Atmore, Alabama 36502.
Johnson Quimby is in charge of funeral arrangements.
Wanted Man Arrested On Multiple Drug Charges
March 20, 2013
A traffic stop in Century led to the arrest of a wanted man on multiple drug charges.
Travis Montes Mitchell was charged with two counts of possession of crack cocaine, possession of power cocaine, possession of crack cocaine with intent to distribute, trafficking hydrocodone, possession of methamphetamine and possession of drug paraphernalia.
Mitchell was the passenger in a vehicle stopped for speeding by Escambia County Sheriff’s deputies on Jefferson Avenue in Century. He was immediately placed under arrest on outstanding felony warrants. Deputies reporting finding crack cocaine in his pants pocket.
In a backpack and other items belonging to Mitchell, deputies reported finding more crack cocaine, powdered cocaine, pills containing hydrocodone , methamphetamines, marijuana and drug paraphernalia.
The driver of the vehicle, Alicia Michelle Lodge, was cited for speeding.
Mitchell was wanted on outstanding warrants for driving with a suspended license and fleeing from law enforcement officers with disregard for the safety of others.
As Escambia County (FL) deputies were assisting the Flomaton Police Department at Highway 113 and Highway 31 in Flomaton, Mitchell passed by and fled from Flomaton officers. He traveled back into Florida, reaching speeds estimated at up to 80 mph in a 25 mph zone on Old Flomaton Road.
Mitchell was booked into the Escambia County Jail were he remained Wednesday morning with bond set at $135,000.