FWC Law Enforcement Report
July 27, 2014
The Florida FWC Division of Law Enforcement reported the following activity during the two week period ending July 24.
ESCAMBIA COUNTY
Officer Manning and Officer Livesay conducted an offshore patrol in state waters focusing on the red snapper closed season. They seized several red Snapper, undersized king mackerel and greater amberjack. They wrote two resource citations, one boating safety citation and three resource warnings. .
Officer Pineda and Lieutenant Lambert were patrolling Little Sabine. Officer Pineda observed a vessel leave a sandbar and begin driving erratically. Concerned for the safety of the people on board and others around, the officers made a vessel stop. After further investigation, it was determined that the operator was boating under the influence of alcohol. The operator was cited for BUI and transported to the Escambia County Jail.
SANTA ROSA COUNTY
Officer Lewis was on patrol in Blackwater River State Forest at Riley’s Bluff primitive area when, across the river, he observed a male rolling a cannabis cigarette. The male subject smoked the cannabis cigarette and handed it to another male subject. Officer Lewis made his presence known to the subjects and asked them to bring the cannabis cigarette and the rest of the drugs they had with them across the river. The subjects complied. There were seven children in and around the river. After locating the children’s mother to care for the children, Officer Lewis issued the two male subjects misdemeanor citations for possession of not more than 20 grams of cannabis and possession of drug paraphernalia.
The following day, Officer Lewis was at the Red Rock Primitive area when, across the river, he observed a man throw a bottle into the woods and discard a cardboard box onto the ground. Officer Lewis waited for the man and the rest of his group to cross the river and leave the area before he made contact. When the subjects were in the vehicle, Officer Lewis approached them just as the driver of the vehicle threw two soda cans out of the window. The cans barely missed hitting Officer Lewis. Officer Lewis issued citations to the male and female subjects for littering.
This report represents some events the FWC handled over the past week;however, it does not include all actions taken by the Division of Law Enforcement. Information provided by FWC.
University Of Florida Study: Peanut Butter Sniff Test Could Diagnose Alzheimer’s
July 27, 2014
Detecting early stage Alzheimer’s disease may be as easy as sniffing a dollop of peanut butter.
Researchers at the University of Florida’s McKnight Brain Institute Center for Smell and Taste came up with the idea to test smell sensitivity because it can be “one of the first things to be affected in cognitive decline.” Also, the ability to smell is associated with the first cranial nerve.
Jennifer Stamps, a graduate student at the University of Florida came up with the idea for using peanut butter because it is a “pure odorant” that is only detected by the olfactory nerve and is easy to access.
In the study, test subjects sat down with a clinician, 14 grams of peanut butter — which equals about one tablespoon — and a metric ruler. The patient closed his or her eyes and mouth and blocked one nostril. The clinician opened the peanut butter container and held the ruler next to the open nostril while the patient breathed normally. The clinician then moved the peanut butter up the ruler one centimeter at a time during the patient’s exhale until the person could detect an odor. The distance was recorded and the procedure repeated on the other nostril after a 90-second delay.
The clinicians running the test did not know the patients’ diagnoses, which were not usually confirmed until weeks after the initial clinical testing.
The scientists found that patients in the early stages of Alzheimer’s disease had a dramatic difference in detecting odor between the left and right nostril — the left nostril was impaired and did not detect the smell until it was an average of 10 centimeters closer to the nose than the right nostril had made the detection in patients with Alzheimer’s disease. This was not the case in patients with other kinds of dementia; instead, these patients had either no differences in odor detection between nostrils or the right nostril was worse at detecting odor than the left one.
Of the 24 patients tested who had mild cognitive impairment, which sometimes signals Alzheimer’s disease and sometimes turns out to be something else, about 10 patients showed a left nostril impairment and 14 patients did not. The researchers said more studies must be conducted to fully understand the implications.
“At the moment, we can use this test to confirm diagnosis,” Stamps said. “But we plan to study patients with mild cognitive impairment to see if this test might be used to predict which patients are going to get Alzheimer’s disease.”
[VOA]
Rolfe Completes Basic Military Training
July 27, 2014
Air Force Air National Guard Airman 1st Class Alec D. Rolfe graduated from basic military training at Joint Base San Antonio-Lackland, San Antonio, Texas.
The airman completed an intensive, eight-week program that included training in military discipline and studies, Air Force core values, physical fitness, and basic warfare principles and skills.
Airmen who complete basic training earn four credits toward an associate in applied science degree through the Community College of the Air Force.
Rolfe is the son of Daniel L. and Nicole R. Rolfe of Cantonment.
He is a 2013 graduate of Pensacola Christian Academy.
Florida Gov’t Weekly Roundup: Different Speeds For Justice, Politics
July 27, 2014
The justice system tends to move very slowly, and this week it seemed to be struggling to keep up with politics.
A circuit judge in Leon County pondered whether to try to redraw a flawed congressional redistricting plan with an election looming. Another judge in Monroe County grappled with his own decision that same-sex marriages should be allowed in Florida — keeping that ruling on hold even as the newest Republican member of the state’s congressional delegation supported allowing gay couples to wed.
Other things moved more quickly. The state announced that a “hurricane tax” that has cost Floridians almost $3 billion in recent years will end 18 months ahead of schedule.
And Libertarian Adrian Wyllie, now included in the Quinnipiac University Poll that occasionally checks in on the Florida governor’s race, showed that figuring out who will win the state’s top office in November could be more complicated than originally thought.
STATUS QUO
Even Leon County Circuit Judge Terry Lewis expected that his decision striking down congressional districts approved by state lawmakers in 2012 would be appealed. Now that the Legislature is willing to go along with Lewis’ opinion — at least for now — a new question has emerged about whether the state can use the current map in the November elections.
Attorneys for the state say yes. Their argument: It would be too complicated to try to redraw the map in time for the general election, much less the August primaries, in which some members of the armed forces stationed overseas have already voted.
“The fundamental problem is, we could have a new map tomorrow, and we still don’t have time to make it for this election, because people have already returned their ballots and voted,” Raoul Cantero, a former state Supreme Court justice representing the Senate in the case, told Lewis at a hearing Thursday.
But the voting-rights groups and voters who successfully challenged the map in court had a different spin on things: The map violates the anti-gerrymandering standards approved by voters in 2010, meaning it can’t be used.
“The other side has an amazing tolerance for the fact that 18,800,000 Floridians are facing an election with an unconstitutional map,” said David King, a lawyer for the organizations. “They don’t seem to care very much about that.”
For now, Lewis looks cautious in considering the challengers’ most-radical ideas, including pushing back the date of the November elections or holding a separate, special election early next year under a new map.
“I have to tell you, I’m extremely skeptical that I can do what the plaintiffs want me to do,” Lewis said near the conclusion of an almost three-hour hearing.
Lewis said he would try to issue a ruling by the end of next week.
SLOWING DOWN THE MOVE TO MARRIAGE
One case the state is appealing: Monroe County Circuit Judge Luis Garcia’s ruling that gay couples should be allowed to marry in Florida.
But same-sex couples in the Keys can’t get married quite yet. Siding with Attorney General Pam Bondi and courts in other states, Garcia on Monday refused to lift a stay on his ruling.
The automatic stay was prompted by Bondi’s appeal, filed almost immediately after Garcia issued his initial ruling that the state’s ban on same-sex marriage was unconstitutional.
Lawyers for Aaron Huntsman and William Lee Jones, two Key West bartenders who sued Monroe County Clerk of Court Amy Heavilin for refusing to grant them a marriage license, asked Garcia to order Heavilin to start issuing marriage licenses because the state has little chance of winning its appeal.
But Bondi’s lawyers asked Garcia to “maintain the status quo” as other courts have done throughout the country. Both sides anticipate that the U.S. Supreme Court will ultimately decide the fate of same-sex marriage bans.
Meanwhile, newly minted Republican Congressman David Jolly was on the defensive after being quoted supporting Garcia’s ruling to allow gay marriage. On Wednesday night, Jolly issued a 1,509-word long statement explaining how, Jolly said, he’s never changed his position on same-sex marriage.
As a Christian, Jolly said he personally supports traditional marriage between a man and a woman.
“But as a matter of constitutional principle, I believe in a form of limited government that protects personal liberty, and therefore I believe all individuals, all couples should be allowed to determine the sanctity of their marriage by their own faith or their own beliefs of marriage,” Jolly wrote.
HURRICANE TAX SEASON ENDING
Instead of a court-ordered delay, insurance policyholders in Florida will get a quick resolution with regard to an extra charge on property-insurance and auto-insurance policies to cover claims paid for the 2004 and 2005 hurricane seasons.
The Office of Insurance Regulation formally issued orders Tuesday for insurance companies to move up by 18 months the end of a 1.3 percent “emergency assessment” for the state-run Florida Hurricane Catastrophe Fund, which provides backup coverage to insurers. The levy will now end Jan. 1.
The assessment has hit policyholders for $2.9 billion, which has gone to reimburse insurance companies for claims from the eight hurricanes that hit Florida in 2004 and 2005, the last time a hurricane made landfall in Florida.
“It’s been nine years since (Hurricane) Wilma,” said Sam Miller, executive vice president of the Florida Insurance Council. “If anything, the assessment helps us remember how devastating these storms may be.”
The orders make official a decision Gov. Rick Scott and the Cabinet made last month to end the assessment, Amy Bogner, a spokeswoman for the Office of Insurance Regulation, said in an email.
Scott has tried to turn lowering the cost of living in Florida into a campaign weapon, also calling this week for the state to make permanent the temporary lifting of a sales tax on the purchase of manufacturing machinery. The governor pushed a three-year cut through the Legislature in 2013, but wants the charge gone forever.
FLORIDIANS WANT A CEASEFIRE?
But the race between Scott and his Republican predecessor turned Democratic challenger, former Gov. Charlie Crist, is already moving even more steadily toward a media war. Scott has spent millions to define Crist (and soften his own image), and Crist hit back this week with his second ad, going directly after Scott on education.
The new television ad points out the state currently spends less per student in public schools than it did during the best budget year of Crist’s administration and has seen a reduction in the number of Bright Futures scholarships awarded to Florida students.
“When I was governor, we brought both parties together to open the doors of opportunity, not close them,” Crist says in the ad.
Sen. John Thrasher, a St. Augustine Republican who also chairs Scott’s re-election bid, instead highlighted Crist’s decision to cut school spending amid a recession at the end of the former governor’s term.
“Rick Scott has cleaned up his predecessor’s mess, funding schools $370 more per student in state funds than Crist’s last budget,” Thrasher said. “Charlie Crist’s fuzzy math won’t fool Floridians.”
The back-and-forth came despite a warning from Peter Brown, assistant director of the Quinnipiac poll, that Libertarian candidate Wyllie was pulling 9 percent in the governor’s race, in part because of the drumbeat of attacks that has for months defined the race between Scott and Crist.
“That is almost certainly a reflection of some unhappiness in the electorate with the tone of the campaign,” Brown told reporters. “There’s an old maxim in politics, which is you can’t throw mud without getting some on yourself. And that seems to be what’s happening to Mr. Crist and Mr. Scott.”
STORY OF THE WEEK: The Legislature and voting-rights organizations squabbled over whether to wait until after the November elections to redraw the state’s congressional districts after they were found unconstitutional.
QUOTE OF THE WEEK: “The decline in my net worth is forcing me to make economies. I’m afraid I will have to cancel some newspaper subscriptions.”—Senate President Don Gaetz, R-Niceville, who is worth $26 million despite reporting a $140,000 drop in his fortune in 2013.
by Brandon Larrabee, The News Service of Florida
Wahoos Drop Opener To Braves
July 27, 2014
Ben Lively (L, 0-5) was solid in the series opener against the Mississippi Braves on Saturday night at Trustmark Park, but he was still unable to earn his first Double-A win. The Braves put the game out of reach with a three-run seventh inning to snap Pensacola’s four-game winning streak with a 6-2 win over the Blue Wahoos.
Lively ran into early trouble in the first inning, but limited the damage to just two runs. He allowed three hits and a walk while facing seven batters to open the game. He settled down went on to retire nine Braves in a row. The right-hander was finished after allowing just 3 R/2 ER over 6.0 innings. Lively allowed just four hits with three walks and five strikeouts in the losing effort.
Kyle Waldrop was the bright spot offensively for Pensacola. He had the Blue Wahoos only multi-hit game of the night with a triple and a home run. The Blue Wahoos only had one hit outside of Waldrop’s contributions. His seventh inning homer pulled the Wahoos within one before the Braves opened the game up with their three runs in the bottom of the inning.
Pensacola used two walks and a Ben Lively single to score their only run of the night off Braves starter Jason Hursh (W, 9-6). He matched Lively’s 6.0 innings allowing just the 1 R/ER on only two hits. He fanned four and walked two for the win. Jorge Reyes (S, 1) finished the game off over the final three innings for Mississippi to earn his first save of the year.
Pensacola will try to rebound on Sunday evening with RHP Daniel Corcino (9-8, 4.33) against Braves RHP J.R. Graham (1-5, 5.61). First pitch is set for 5:00 from Trustmark Park.
by Tommy Thrall
Florida’s Back To School Sales Tax Holiday Is Next Weekend
July 27, 2014
Florida’s back to school sales tax holiday is coming up next weekend.
The tax holiday will run Friday through Sunday, August 1 to August 3, and will allow Floridians to buy clothes, school supplies and personal computers without paying sales taxes. The back to school holiday expands a discount introduced last year on computers and raises the tax-free bar from $75 to $100 on the prices of clothing, bags and backpacks.
Last year, sales taxes weren’t collected on personal computers and related gear worth under $750. This year, no sales taxes will be collected on the first $750 of any computer and related gear, regardless of the overall cost of the piece of electronics.
After the back to school holiday, shoppers from September 19 through September 21 will be able to avoid sales taxes on the first $1,500 of the price of new Energy Star and WaterSense products, as part of an energy conservation proposal from Agriculture Commissioner Adam Putnam.
Repairs Begins Monday On ‘Major Public Safety Issue’ Gas Leak Under Hwy 29
July 26, 2014
Preliminary work begins Monday to repair a leaking section of natural gas pipe under Highway 29 in Century, three and a half years since the leak was publicly revealed as a “major public safety issue”.
R.A.W. Construction, LLC of Tallahassee will go to work Monday to install the new natural gas lines along the right-of-way of Highway 29 (North Century Boulevard) from about McCurdy Lane to West Highway 4 near the courthouse. Actual construction will begin on Monday August 11.
R.A.W. Construction has 120 days to complete construction, with the project due to be completed by November 25.
About 6,515 feet of 4-inch steel natural gas line was buried beneath the southbound lanes of Highway 29 when the road was widened to four lanes. Now, nearly 50 years since the almost 1.25 mile long pipe was first put into the ground, the town believes the steel is corroding and leaking somewhere between West Highway 4 and McCurdy Street.
A new 4-inch pipe will be placed on the west side of Highway 29, while a new 2-inch pipe will be installed on the east side of the highway, eliminating the need to install pipes under the road to service natural gas customers. The pipe will be installed where existing easements exist or can be obtained at no cost, otherwise, it will be installed under existing sidewalks.
The R.A.W. Construction bid was for the project was $393,500. Two other bids were received on the project — one for $795,700.75 from Utility Service Company and one for $897,000 from Roberson Excavation, Inc. of Milton. Town Engineer Dale Long said due to the significantly lower bid from R.A.W, he verified the company’s references and verified the bid was correct. He said the company was lower because they are primarily a gas contractor, while the other two companies are primarily water and sewer contractors.
Century actually went through the paperwork process of the project twice. In April 2012, Century signed off on a $1.4 million USDA Rural Development loan to cover the cost of replacing the pipe. But, according to town officials, the town received the wrong form from the USDA, and as a result advertised the meetings incorrectly.
Pictured above and below: Natural gas is leaking somewhere under Highway 29 in Century. Pictured inset: Century Mayor Freddie McCall signs documents in April 2012 for a $1.401 million USDA Rural Development loan to repair the leaky gas lines. The loan was later invalidated by the USDA due to an incorrect form. NorthEscambia.com photos, click to enlarge.
Federal Appeals Court Upholds ‘Docs Vs. Glocks’ Bill
July 26, 2014
A federal appeals court has upheld the state’s controversial “docs vs. glocks” bill, overturning an earlier court ruling that had blocked part of the law from being enforced.
In a 2-1 ruling, a three-judge panel of the 11th U.S. Circuit Court of Appeals said the state Legislature had the right to pass the law, which includes provisions restricting doctors and other medical providers from asking questions about gun ownership during medical visits.
“In order to protect patients, physicians have for millennia been subject to codes of conduct that define the practice of good medicine and affirm the responsibility physicians bear,” Judge Gerald Tjoflat wrote. “In keeping with these traditional codes of conduct — which almost universally mandate respect for patient privacy — the Act simply acknowledges that the practice of good medicine does not require interrogation about irrelevant, private matters.”
The majority found that the National Rifle Association-backed law, known as the Firearm Owners’ Privacy Act, “has only an incidental effect on physicians’ speech.”
The appeals court rejected a decision by U.S. District Court Judge Marcia Cooke, who ruled last year that the law was built largely on anecdotal evidence, and that legislators couldn’t prove that gun rights would be jeopardized or that patients who own firearms might face discrimination.
Supporters of the 2011 law say doctors might turn away patients who own guns or who wouldn’t answer questions about whether they did. Critics argue that doctors need to know what’s in a patient’s home so they can offer safety advice.
In a sharp dissent significantly longer than the majority opinion, Circuit Judge Charles Wilson said the law was an unconstitutional “gag order” that infringes on doctors’ rights.
“The holding reached today is unprecedented, as it essentially says that all licensed professionals have no First Amendment rights when they are speaking to their clients or patients in private,” Wilson said. “This in turn says that patients have no First Amendment right to receive information from licensed professionals — a frightening prospect.”
Howard Simon, executive director of the American Civil Liberties Union of Florida, which filed a friend-of-the-court brief opposing the law, said in a statement that his organization was “astounded” by the ruling.
“Today’s decision will keep doctors from asking reasonable questions and providing advice that could very well save lives,” Simon said. “We expect the doctors who filed this case to appeal this decision and that this decision will ultimately be overturned.”
The doctors could seek a full appellate court review or appeal to the U.S. Supreme Court.
by Brandon Larrabee, The News Service of Florida
Slight Rain Chance Tonight
July 26, 2014
Here is your official North Escambia area forecast:
- Saturday Night A 20 percent chance of showers and thunderstorms before 1am. Partly cloudy, with a low around 73. Southwest wind 5 to 10 mph becoming light after midnight.
- Sunday A 20 percent chance of showers and thunderstorms before 1pm. Mostly sunny, with a high near 94. Light west wind becoming southwest 5 to 10 mph in the morning.
- Sunday Night Partly cloudy, with a low around 75. Southwest wind around 5 mph.
- Monday Scattered showers and thunderstorms. Partly sunny, with a high near 94. West wind 5 to 15 mph. Chance of precipitation is 50%.
- Monday Night A 40 percent chance of showers and thunderstorms before 1am. Partly cloudy, with a low around 70. West wind around 5 mph.
- Tuesday A 30 percent chance of showers and thunderstorms. Mostly sunny, with a high near 92. West wind around 5 mph.
- Tuesday Night Mostly clear, with a low around 67. North wind around 5 mph becoming calm after midnight.
- Wednesday Mostly sunny, with a high near 91.
- Wednesday Night Partly cloudy, with a low around 66.
- Thursday Partly sunny, with a high near 92.
- Thursday Night Partly cloudy, with a low around 67.
- Friday A 40 percent chance of showers and thunderstorms. Mostly cloudy, with a high near 91.
Escambia, AL, Animal Shelter Closing
July 26, 2014
The Humane Society of Escambia County (Ala.) has announced that it will no longer be operating an animal shelter or providing field services.
The organization’s directors said they can’t “humanely operate” on the $120,000 per year budget proposed by the Escambia County (Ala.) Commission. Doing so, according to Director Renee Jones, would force the shelter to bring in animals and hold them for the minimum required seven day period before euthanizing them at the shelter in Flomaton.
She said the Humane Society of Escambia County “has never operated that way and to do so would be completely contrary to our mission.”
“Although we completely understand that the commissioners have the task of responsibly allocating taxpayer dollars, we believe that our role in the community is to work toward the long term goal of a more humane community,” she wrote. “As an organization, we are refocusing and believe that we will be able to better support the needs of the animals and the people who love them, as well as staying true to our mission, by working toward a spay/neuter assistance and humane education program.”
The group will work through August to move animals housed in the shelter to guaranteed adoption shelters and rescues.
For more information on how you can adopt an animal, contact the Humane Society of Escambia County in Flomaton, Ala., at (251) 296-2275 or email hsescambia@gmail.com.