Greg Evers’ Warning Shot Bill Aimed Toward Passage
January 9, 2014
A bill that would grant immunity to Floridians who show guns or fire warning shots in self-defense could be poised to pass this year after failing to get a hearing in 2013.
The so-called “warning-shot” bill (SB 448), which would amend the state’s controversial “stand your ground” self-defense law, cleared its first Senate panel on Wednesday.
After listening to descriptions of Floridians serving 20-year sentences for firing warning shots to defend themselves or others, the Senate Criminal Justice Committee unanimously passed the bill by committee Chairman Greg Evers, R-Baker.
One member of the panel, Sen. Charlie Dean, a former Citrus County sheriff, even asked House sponsor Neil Combee to consider adding an amendment that would expunge the criminal records of people charged in this way; Combee said he would.
“What part of ‘innocence’ do we not understand?” Dean demanded.
Combee, a Polk City Republican, first sponsored the bill after hearing about Marissa Alexander, a Jacksonville woman who was sentenced to 20 years in prison under the 10-20-Life sentencing law for firing a gun into a wall during a dispute with her husband.
Combee described Alexander’s sentence as an example of the “negative unintended consequences” of 10-20-Life, which requires mandatory-minimum prison terms for gun-related crimes.
Under the 10-20-Life law, possessing a gun while committing certain crimes is punishable by at least 10 years in prison, discharging a gun while committing those crimes is punishable by at least 20 years in prison, and hurting or killing someone during those crimes is punishable by 25 years to life in prison.
The 2013 version of Combee’s bill sought to amend 10-20-Life rather than “stand your ground,” and it was opposed by the Florida Sheriffs Association and many prosecutors and law enforcement officers who argued that the sentencing bill was working too well to be altered.
So the 2014 bills by Combee and Evers would amend “stand your ground” instead. The bills, which are identical, would permit people who are being attacked and fear for their lives to display guns, threaten to use the weapons or fire warning shots under the same circumstances by which they could legally shoot to kill.
That switch sped the bill to passage in the House Criminal Justice Subcommittee in November.
It also gained allies for the bill who did not support it last year, such as the Florida Public Defender Association.
“We think it’s an important clarification to the existing self-defense laws, that someone could be justified in threatening to use force and not have to actually use force to enjoy the protections of the self-defense laws and ’stand your ground,’ ” Stacy Scott, the public defender for the 8th Judicial Circuit, told the Senate panel on Wednesday. “The statutes aren’t clear on that.”
National Rifle Association lobbyist Marion Hammer, who has worked with Combee on the bill since last year, said it was needed to curb prosecutorial abuses under 10-20-Life.
“Prosecutors are using it wrongly to prosecute people who, in an act of self-defense or defense of a loved one, threaten to use force because they really don’t want to shoot somebody,” Hammer said. “If you actually shoot an attacker, the law protects you. But if you merely threaten to shoot an attacker and the attacker runs away, some prosecutors will still try to put you in prison for 10 to 20 years. Some, not all, but any is too many.”
The committee seemed ready to move to a vote, but Gainesville-based state attorney Bill Cervone of the 8th Judicial Circuit asked to speak.
“I personally feel a little bit pilloried sitting here and listening to some of this,” Cervone told lawmakers. “And something that’s not being said is that there are two sides to every one of these cases. If somebody is in prison for one of these situations, it’s because a judge and a jury rejected his version claiming self-defense.”
Evers said he knew of local cases in which people had been wrongly charged for defending themselves, including a 74-year-old retiree who displayed a shotgun to protect his daughter.
“Senator, I have no idea what that case is about,” Cervone began.
“But I do,” Evers broke in. “That’s the reason for this bill.”
“Senator, if the Legislature is concerned about these (aggravated) assaults, take them out of 10-20-Life,” Cervone said.
“Well, I think this bill does that,” Evers replied.
The panel then passed the measure unanimously.
But the bill’s best omen for success this year may be that the Florida Sheriffs Association will remain neutral. On Wednesday, association spokeswoman Sarrah Carroll confirmed that the group would not oppose the measure.
Now called the Threatened Use of Force Act, the bill faces two more House committees and two more Senate committees.
Bill To Open Fireworks Sales Takes Flight In Senate
January 9, 2014
Floridians as young as 16 would no longer have to “lie” when buying bottle rockets or more-powerful fireworks, under a measure that received backing in the state Senate on Wednesday.
Members of the Senate Commerce and Tourism Committee, in a 7-4 vote, supported a measure (SB 314) that acknowledges, rather than eliminates, a much-abused and longstanding loophole in the state’s ban on fireworks.
Currently the law limits sales to relatively innocuous devices such as sparklers, while banning sales of such things as bottle rockets. However, the loophole allows the sale of aerial and explosive devices as long as the individuals buying the fireworks sign a waiver claiming exemptions from the law for certain agricultural purposes.
The proposal would require people to still sign the waiver, but would allow them to declare they are doing so for personal use.
“This is the, ‘We’re done lying’ bill,” committee Chairwoman Nancy Detert, R-Venice, said.
Opponents, including several members of the committee and the state Fire Chiefs Association, contend the proposal could increase injuries and damage from fireworks.
Sen. Gwen Margolis, a Miami Democrat who voted against the measure as she marked her 40th year in the Legislature on Wednesday, said the existing law was crafted after “some really bad scenes” involving fireworks.
Fireworks enthusiast Arie Fry, a 15-year-old Plant City High School freshman, supported Brandes’ proposal as he told the Senate committee that he was unable to find any farmer associations that used fireworks to keep birds from their crops, while admitting his mother, Yvonne Fry, regularly signed the agriculture waiver.
“Our laws on fireworks do not seem to serve the needs of the citizens or the farmers,” Fry said.
“My mom has to sign a form for when we buy fireworks for personal use that says she’s actually going to use them for agricultural use in the state of Florida,” he continued. “If we stick with sparklers, smoke bombs or glow worms, she can stay out of the slammer. … But my mom knows how much I love fireworks, she risks it.”
The measure by Sen. Jeff Brandes, R-St. Petersburg, would allow anyone at least 16 years of age to purchase fireworks and would require buyers to sign a waiver that they are buying the items for personal use and that they understand fireworks are potentially harmful to structures and people.
The bill would require the retailers to have at least $2 million in liability coverage and also allows cities and counties to establish their own regulations on the sale of fireworks.
“If they have concerns, fine, address that at the local level,” Brandes said.
Brandes called the existing state law a “façade” because there is no age limit to purchase fireworks, and retailers are not required to verify why individuals claim they are purchasing the fireworks.
“This bill just says let’s stop the lying, let’s stop the facade,” Brandes said. “People are buying fireworks in communities today, they’re buying fireworks we specifically preempted, that we specifically said we don’t want anybody using except for agricultural purposes.”
He noted that when he went to a stand recently in Hillsborough County, he was able to purchase “mortar” rounds for $80 and “nobody cares whether you’re using them for an agriculture use or not.”
“I heard a bird chirp as I launched them off, and fly away, and clearly that was an agricultural use,” Brandes added.
Brandes said the age limit is in line with other states.
Alabama has a minimum age of 16 for fireworks purchases. In Georgia, the age is 18.
Wayne Watts, representing the Fire Chiefs Association, noted the damage that can be done by fireworks as he questioned the proposed age limit.
“I have a son who is 18 years old, he’s a responsible young man, he’s a scout, he’s been raised properly. But even at 18 years old he doesn’t have the restraint at times to use these responsibly,” Watts said. “We’re talking about taking something that can have just as much damage as a gunshot and putting it in the hands of 16-year-olds.”
The Brandes proposal doesn’t go as far as a measure (HB 4005) by Rep. Matt Gaetz, R-Fort Walton Beach.
Gaetz’ proposal, which was postponed before a scheduled appearance Wednesday at the House Insurance and Banking Subcommittee, would eliminate state restrictions on sales of fireworks, eliminate the definition of “sparklers” and “fireworks” from the law, make all fireworks legal in Florida unless prohibited by federal law and eliminate the role of the state Fire Marshal in testing and approving fireworks.
Gaetz has said his proposal was crafted with the intent of cutting down on Floridians, particularly those in the Panhandle, from traveling into neighboring states to purchase explosive and aerial fireworks.
by The News Service of Florida
Art Museum To Feature Works By Local Students
January 9, 2014
In recognition of the National Youth Art month, the Pensacola Museum of Art is presenting the 59th annual Youth Art Focus exhibition in partnership with the Escambia County School District.
It highlights the best work from art students and educators in Escambia County schools. This exhibition of work from more than 500 students, grades pre-K through 12, recognizes their strong artistic achievements and our area teachers’ dedication to art education.
Youth Art Focus creates an opportunity to expose students to the fine art world in a professional museum environment, while giving the public a chance to experience and appreciate the accomplishments of Escambia County’s Art Education programs.
Northview High School students with works on display during the exhibit are:
- Dakota Joiner – mixed media
- Shyla Pope – mixed media
- Quentin Sampson – drawing
- Jasmine Walker – printing
- Shnala Banks – drawing
- Aaron Cayson – mixed media
- Niki Coleman – drawing
- Jewel Garner – mixed media
- Britney Fisher – mixed media
- Steven Gregory – mixed media
Ernest Ward Names Students Of The Month
January 9, 2014
Ernest Ward Middle School has named their December Students of the Month. They are Shelby Bashore (left), Baily Van Pelt (right) and Lari McCann (not pictured). Submitted photo for NorthEscambia.com, click to enlarge.
Local Bases, Towns Recognized As ‘Tree Cities’
January 9, 2014
Five towns and cities and three military installations in Escambia, Santa Rosa and Okaloosa counties have been recognized for continuing their traditions as Tree City USA participants for 2013.
Destin, Fort Walton Beach, Gulf Breeze, Milton and Pensacola as well as Hurlburt Field, NAS Whiting Field and NAS Pensacola were credited as Tree Cities based on their work with urban forestry.
The Tree City USA program is a national program that provides the framework for community forestry management for cities and towns across the United States. Communities achieve Tree City USA status by meeting four core standards: maintaining a tree board or department, having a community tree ordinance, spending at least $2 per capita on urban forestry and celebrating Arbor Day.
There were 166 Tree Cities recognized across the state in 2012.
Missing Woman Found OK
January 9, 2014
The Escambia County Sheriff’s Office said Wednesday that a missing woman has been located.
“Kimberly Joyce Smith has been safely located,” was the only information released by the department. Earlier the ECOS said the 30-year old had not been heard from since November 27 or seen since October.
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Cogongrass In The Panhandle Workshop Planned
January 9, 2014
Escambia County University of Florida/IFAS Extension will hold a Cogongrass in the Panhandle Workshop on Tuesday, January 14.
Held at the Escambia Extension Office, 3740 Stefani Road in Cantonment, from 8:30 a.m. to 4:30 p.m. EST attendees will discuss identification and biology of cogongrass in Northwest Florida and current methods being used for control.
Pre-register by calling Escambia Extension, or by clicking here (specify which location you wish to attend).
The $25 cost of the program also includes lunch.
For more information contact Libbie Johnson, Escambia County Extension at (850) 475-5230 or libbiej@ufl.edu.
Courtesy photos for NorthEscambia.com, click to enlarge.
Log Truck Driver Injured In Collision With Train
January 8, 2014
A Cantonment man was injured when his 18-wheel log truck was struck by a train at a crossing on Quintette Road just east of Highway 95A Wednesday morning.
According to the Florida Highway Patrol, 21-year old Austin Gillenwater of Cantonment was traveling west on Quintette Road about 9:30 a.m. in an 18-wheel log truck. He told troopers that his brakes failed when he attempted to stop for the railway crossing arms. His 1984 Peterbuilt truck came to stop on the tracks as the train was approaching. The CSX train initiated an emergency stop prior to striking the truck.
Gillenwater was taken to Baptist Hospital with non-life threatening injuries, according to the FHP.
There was minor damage to the CSX locomotive and about $10,000 in damage to the 18-wheeler. The logs on the truck and the train’s contents and cargo remained intact during the collision.
Quintette Road was closed by the accident until about noon. No charges were filed in the accident.
The Cantonment and Molino stations of Escambia Fire Rescue and Escambia County EMS also responded to the accident.
NorthEscambia.com photos by Kristi Smith, click to enlarge.
One More Freezing Night
January 8, 2014
Here is your official North Escambia are forecast:
- Tonight: Partly cloudy, with a low around 24. Northeast wind around 5 mph becoming calm.
- Thursday: Mostly sunny, with a high near 59. Wind chill values between 25 and 35 early. East wind around 5 mph.
- Thursday Night: A 20 percent chance of rain after 1am. Mostly cloudy, with a low around 43. East wind around 5 mph.
- Friday: A 20 percent chance of rain. Mostly cloudy, with a high near 64. Northeast wind 5 to 10 mph.
- Friday Night: A slight chance of showers, then showers and thunderstorms after 7pm. Some of the storms could produce heavy rainfall. Low around 58. Southeast wind 10 to 15 mph, with gusts as high as 20 mph. Chance of precipitation is 90%.
- Saturday: Showers and thunderstorms before 7am, then showers likely and possibly a thunderstorm between 7am and 1pm. Some of the storms could produce heavy rainfall. High near 71. South wind around 15 mph becoming southwest in the afternoon. Winds could gust as high as 20 mph. Chance of precipitation is 90%.
- Saturday Night: Clear, with a low around 42. West wind 5 to 15 mph.
- Sunday: Sunny, with a high near 65. West wind around 5 mph becoming south in the afternoon.
- Sunday Night: Mostly clear, with a low around 41. South wind around 5 mph.
- Monday: Mostly sunny, with a high near 68.
- Monday Night: Partly cloudy, with a low around 42.
- Tuesday: Mostly sunny, with a high near 62.
- Tuesday Night: Mostly clear, with a low around 37.
- Wednesday: Sunny, with a high near 55.
Citizens Won’t Get Ballot Vote On Century Barnyard Animal Ban
January 8, 2014
Residents of Century won’t get to vote on a recently enacted barnyard ban despite a grassroots push to place the issue on the ballot.
After three months of back and forth discussions, public meetings and protests, the Century Town Council gave final approval to the new animal control ordinance during a special meeting on December 23.
Before the vote, Century resident Maggie Waters presented the council with a self-styled ballot initiative signed by 86 citizens calling for the ordinance to be placed on a ballot for public vote. The 86 signatures were not documented as being from registered voters.
Unsure if the ballot initiative would require the council to place the issue on the ballot, the council approved the barnyard animal ban on a unanimous vote December 23. The new ordinance went into effect immediately.
Century Mayor Freddie McCall told the council Monday night that town attorney Matt Danneheisser had reviewed the issue and said that the town is not required to place any issue on the ballot due to citizens’ requests.
Since December 23, it has been illegal to keep a horse, mule, donkey, goat, sheep, or cow within the town limits except in areas that are zoned agricultural or rural residential. Hogs were already prohibited in all areas of the town. One horse or cow will be allowed for every two acres, one donkey or mule per acre and one goat or sheep per one-half acre. The animals and their pens must be 200 feet or greater from a dwelling or property line.
Anyone with the regulated animals in an area not zoned agricultural or rural residential within the town limits, must register their animals at the Century Town Hall within 60 days. The resident must apply for and be granted a variance from the town council within six months or get rid of their animals.
Pictured top: Three members of the Century Town Council were present Monday night, (L-R) Ann Brooks, Sandra McMurray Jackson and Jacke Johnston. Pictured inset: Resident Maggie Waters (right) presents a ballot initiative signed by 86 residents on December 23 to the council calling for a public vote. NorthEscambia.com photos, click to enlarge.