Lawsuits Seek To Ban Blind Trusts For Public Officials
May 16, 2014
Open-government advocates are backing a lawsuit filed Wednesday in the Florida Supreme Court, challenging the constitutionality of a 2013 law that allows elected officials to put financial assets in blind trusts that do not offer detailed public disclosure of the holdings.
The lawsuit was filed by Jim Apthorp, former chief of staff to the late Gov. Reubin Askew. It has the backing of the First Amendment Foundation, the League of Women Voters and half a dozen media organizations that will file friend-of-the-court briefs, including the Associated Press, The Miami Herald and The Florida Times-Union.
Apthorp and the attorney in the case, Talbot “Sandy” D’Alemberte, said the use of blind trusts circumvents the full disclosure of public officials’ holdings required by the Sunshine Amendment, which Askew spearheaded and Florida voters overwhelmingly passed in 1976.
Apthorp’s petition asks the high court to prohibit Secretary of State Ken Detzner from accepting the qualifying papers of any candidate who has placed finances in a blind trust. With just a month before the weeklong qualifying period begins on June 16, he is seeking an emergency ruling.
“The judge of this, in the end, is the voter,” Apthorp said. “Whether there is full disclosure or not is a matter for voters to decide.”
Lawmakers unanimously passed the 2013 law allowing blind trusts, and the Commission on Ethics twice approved Gov. Rick Scott’s use of one. Supporters say blind trusts can help elected officials avoid appearances of conflicts of interest in matters involving their personal investments.
Senate President Don Gaetz and House Speaker Will Weatherford released a joint statement Wednesday defending the law, which was known as Senate Bill 2. The pointed to a 2010 grand jury recommendation about the use of blind trusts and a 2012 recommendation from the Commission on Ethics and suggested that the lawsuit was politically motivated.
“For the plaintiff to suddenly come forward with his objections four years after the grand jury report, two years after the ethics commission’s recommendations and one year after Senate Bill 2 was enacted raises the suspicion that this is not a serious or sincere constitutional challenge but a cynically timed political ploy designed and timed to affect the outcome of this year’s elections,” the statement said.
A Scott campaign spokeswoman also noted that former state Chief Financial Officer Alex Sink, a Democrat, used a blind trust.
“As recommended by the ethics commission and unanimously approved by the Legislature, Governor Scott put his assets in a blind trust to prevent even the appearance of any conflict of interest,” Scott spokeswoman Jackie Schutz said in an email Wednesday evening. “This is the course CFO Alex Sink took as well. Governor Scott will always operate in full compliance with the law.”
But Apthorp and D’Alemberte said the use of a blind trust doesn’t satisfy the requirements of the Sunshine Amendment and is therefore unconstitutional.
“When you start using these devices, these schemes, to start avoiding the language of the constitution, you run the risk of seeing everything drift back to the way it was before,” said D’Alemberte, a former president of Florida State University.
Although Apthorp and D’Alemberte are Democrats, as was Askew, they said the lawsuit doesn’t target Scott, a Republican.
“Gov. Scott did everything that the ethics commission and the Legislature asked him to do,” Apthorp said. “So I don’t think he’s done anything wrong here. The problem is that the statute under which he received advice is not constitutional.”
Rather, Apthorp said, he and other aides to Askew, who died in March, had discussed filing the lawsuit with the former governor, but Askew’s health worsened. At the former governor’s funeral, they decided to file it to honor his memory.
Apthorp’s petition recalled the era of public corruption that sparked Askew’s campaign for the Sunshine Amendment. That included Watergate and the resignation of Vice President Spiro Agnew.
“Florida state government also was rocked by scandal: Three Florida Cabinet members, at least three Supreme Court justices, at least one state legislator, and even Askew’s lieutenant governor were exposed for their ethical lapses — some resulting in prison terms,” the petition said.
Askew campaigned for eight months to gather the signatures needed to put the amendment on the November 1976 ballot. It garnered 79 percent of the vote.
Apthorp’s petition acknowledges that he currently knows of only one Florida public official using a blind trust — Scott.
“However, the new statute would allow other officials or candidates to file blind trusts in 2014,” the document said.
by Margie Menzel, The News Service of Florida
Shoulder Of Highway 97 In Walnut Hill Collapses Into 50-Foot Deep Gully
May 15, 2014
A portion of Highway 97 in Walnut Hill has collapsed in an existing 50-foot deep gully.
The travel lanes of the highway are still intact at the site and the road is still open, just north of South Highway 99 and about mile south of Ernest Ward Middle School. But the shoulder of the road is now at the bottom of the gully.
It appears a large drainage pipe traveled under Highway 97 to the site of the collapse and then curved downward along the bank of the gully where it was designed to drain at the bottom. But the pipe apparently separated under the shoulder of the roadway, just beyond a guardrail, and blew out and undermined the shoulder of the road.
The collapse apparently happened during heavy rains late Wednesday afternoon and was discovered overnight.
Florida Department of Transportation contractor Transfield Services inspected the collapse Thursday morning and determined that it is safe for both lanes of Highway 97 to remain open.
Pictured above and below: A drainage pipe failed and a portion of the shoulder of Highway 97 collapsed into a 50-foot deep gully. The bottom photo shows the dirt from the roadway shoulder at the bottom of the gully. NorthEscambia.com photos, click to enlarge.
Chemical Tanker Driver Sentenced For Driving Drunk On Highway 29
May 15, 2014
A Milton man has been sentenced to jail for being drunk while driving a chemical tanker truck along Highway 29 in North Escambia.
The Escambia County Sheriff’s Office said a citizen’s tip about 5:30 a.m. on January 14 about a trucker driving erratically led to deputies stopping the northbound tanker truck full of maleic anhydride on Highway 29 near Tedder Road, just south of Century.
The driver, 35-year old Alex Victorovich Kozlov of Milton exhibited odd behavior and an odor of alcohol was detected by deputies, the Sheriff’s Office said. He failed a field sobriety test and was arrested for driving under the influence of an alcoholic beverage with a blood alcohol level greater than .15. Deputies reported finding a half empty body of vodka in the cab of the truck.
Kozlov was convicted of the charges against him and sentence by Judge Darlene Dickey to nine months in the Escambia County Jail and 50 hours of community service. His driver’s license was also suspended for 12 months.
Maleic anhydride is the acid anhydride of maleic acid and is used primarily in the formation of unsaturated polyester resins for use in boats, autos, trucks, buildings, piping, and electrical goods. It is also used to make pesticides and other organic compounds, according to the EPA. Acute inhalation exposure of humans to maleic anhydride has been observed to cause irritation of the respiratory tract, burning in the larynx, reflex cough, lacrimation, headaches, eye irritation, and corneal burns.
One Minor Injury In Cantonment School Bus Wreck
May 15, 2014
There were no serious injures in a school bus wreck Wednesday afternoon in Cantonment.
The Florida Highway Patrol said there were 19 passengers on the Malena’s Mini School Bus as it traveled south on Ashton Brosnaham Road from McArthur Elementary School. That’s when 41-year old Earl Cornell turned his 1999 Chevrolet van into the path of a 2002 Pontiac car driven by 31-year old Lesley Davis of Pensacola, according to troopers. That caused Davis’s car to strike the bus, driven by 51-year old Latanya Davis of Cantonment.
Lesley Davis received minor injuries and was transported to West Florida Hospital. There were no injuries among the other drivers or 19 bus passengers.
Cornell was cited by the FHP for making an improper left turn.
NorthEscambia.com reader submitted photo, click to enlarge.
Molino Park Elementary, Church Team Up For ‘Free Yard Sale’ For Flood Victims
May 15, 2014
The First Baptist Church of Cantonment will have a “Free Yard Sale” on Saturday.
The church and Molino Park Elementary School teamed up to collect items…all of which will be free for flood victims to stop by and get what they need. The “Free Yard Sale” for flood victims will be held Saturday from 10 a.m. until 1 p.m. at the First Baptist Church of Cantonment at 118 Morris Avenue.
Available items include clothes, shoes, new undergarments, bedding, nonperishable food and toiletries.
For more information, call (850) 968-9135.
Home Wrecker: Driver Slams Into Dealership Mobile Home
May 15, 2014
One person was injured when they crashed their car into and under a mobile home on a dealer’s lot late Wednesday afternoon just off Highway 29 in Cantonment. Their injuries were not considered serious. Further details, including the cause of the accident and the driver’s name, have not yet been released by the Florida Highway Patrol. Photos by Shane Carter (top) and Kristi Smith (inset and below) for NorthEscambia.com, click to enlarge.
Tate Band To Present Spaghetti Jazz Dinner And Concert Tonight
May 15, 2014
The Tate High School Jazz Bands will present their Spaghetti Jazz Dinner/Concert at 6:30 tonight in the school cafeteria. Admission is $5 and proceeds this year will go to help two Tate Band families who lost their home in the recent floods.
The Tate Concert Bands will present their Spring Concert on Tuesday, May 20th at Hillcrest Baptist Church at 6:30 p.m. This Concert will include a tribute to Erin Benson as the Wind Ensemble will perform a piece based on the hymn “It Is Well With My Soul” conducted by Joe Hooten and will feature Leslie Ann Godwin with vocals. Admission is free.
Escambia, Santa Rosa Approved For Federal Public Assistance For Infrastructure
May 15, 2014
Federal Public Assistance has been granted for Escambia, Okaloosa, Santa Rosa and Walton counties. Public Assistance funding will aid \ local governments in rebuilding infrastructure after severe storms and flooding impacted their Florida communities.
Public Assistance provides aid to state or local governments to pay part of the costs of rebuilding a community’s damaged infrastructure. Generally, public assistance programs pay for 75 per cent of the approved project costs. Public Assistance may include debris removal, emergency protective measures and public services, repair of damaged public property, loans needed by communities for essential government functions and grants for public schools.
Public Assistance from the federal declaration comes in conjunction with the earlier approval of Individual Assistance for Escambia and Santa Rosa counties, that was granted on May 6, and for Okaloosa and Walton counties on May 12. Residents and business owners who sustained losses in the those counties can continue applying for assistance by registering online at http://www.disasterassistance.gov, by web enabled mobile device at m.fema.gov or by calling 1-800-621-FEMA(3362) or 1-800-462-7585 (TTY) for the hearing and speech impaired.
Pictured: A damaged Escambia County roadway. NorthEscambia.com file photo, click to enlarge.
County To Seek New Doctors To Deal With Jail Explosion Victims
May 15, 2014
A total of 184 inmates and corrections staff members were taken to several local hospitals on the night of the explosion at the Escambia County Jail’s Central Booking and Detention Facility.
County official said anyone expressing a medical concern following the explosion was taken to area hospitals for medical care. In some cases, after being returned to Escambia County Corrections, some inmates have requested and been given return trips to local medical providers for follow up on any issues or concerns they had about their medical well being.
Last week, Corrections Director Gordon Pike met with jail doctors (one who handles physical issues and one who handles mental health issues), the Escambia County budget office and the Human Resources staff.
That meeting, according to Escambia County, ended with two goals:
- To solicit additional doctor to work at the jail to address any lingering physical issues that may have been caused to an inmate the night of the explosion. Jail leaders hope to have a contract for this physician signed by the end of the week.
- To solicit a mental health doctor to address any/all mental health concerns of inmates and their families. An additional six staff members will be brought on to help address these concerns. The purchase order for these six counselors has been signed and jail officials are working to create a schedule for these new additions.
NorthEscambia.com file photo, click to enlarge.
Photo: Amber Waves Of Grain, Purple ‘Mountains’ Majesty
May 15, 2014
An afternoon of heavy rain across the North Escambia area Wednesday gave way to a beautiful sunset above wheat fields in Walnut Hill. NorthEscambia.com photo, click to enlarge.