Florida Insurance Chief Raises Possibility Of Ending No-Fault System
October 29, 2015
The state insurance commissioner said Wednesday the time might be right to end Florida’s “no-fault” auto insurance system, but lawmakers aren’t expected to focus on such a change during the 2016 legislative session.
Insurance Commissioner Kevin McCarty, appearing at a Florida Chamber of Commerce Insurance Summit at Disney’s Grand Floridian Resort, tossed out the idea of, “Let’s just repeal PIP and do nothing,” as a way to further reduce fraud in the personal-injury protection coverage system.
While some lawmakers have suggested replacing PIP with a requirement for bodily-injury coverage, McCarty said most motorists already have such coverage. As a result, lawmakers might not have to do anything to replace PIP, which is also commonly known as no-fault.
“I’m not so sure that I’m ready to move to a more litigious auto system, but I think one thing to consider, particularly if we get an adverse decision on PIP, let’s fix it or flush it,” McCarty said. “We have done everything to fix PIP you could have possibly have done. We’ve had seven sessions on PIP. … A $10,000 benefit, really. Is it worth this amount?”
Under the no-fault system, motorists are required to carry personal-injury protection coverage that includes $10,000 in medical benefits.
When lawmakers crafted legislation in 2012 to reduce fraud in the system, average motorists in Florida were paying $180 a year for the personal-injury protection portion of their auto coverage, according to the Office of Insurance Regulation. The state agency in January estimated the average no-fault annual payment stood around $125.
The law, which set benchmarks for insurers to lower rates on personal-injury protection coverage, continues to face legal challenges. It required people involved in crashes to seek treatment within 14 days and allowed up to $10,000 in benefits for emergency medical conditions, while putting a $2,500 cap on non-emergency conditions.
A Leon County circuit judge in 2013 ruled the law illegally prevented injured people from using PIP coverage to pay for treatment by acupuncturists and massage therapists and limited the services from chiropractors. The ruling was eventually overturned. Still, some lawmakers believe the law will eventually fail a court challenge and have suggested the state replace PIP with bodily-injury coverage.
State Chief Financial Officer Jeff Atwater and Gov. Rick Scott championed the 2012 changes, saying that fraud, primarily in the Tampa and Miami regions, had resulted in the cost of auto-insurance coverage spiking for Floridians.
Atwater said Wednesday he wants to be convinced before calling for additional changes.
“Two years after the passage of the PIP legislation, it’s time for the insurance industry to bring forward evidence that shows whether or not rates are going to come down,” Atwater said in a prepared statement. “If consumers aren’t going to get the relief the legislation intended, then the time to repeal has arrived.”
An Office of Insurance Regulation report in January said the average medical cost paid through PIP claims has dropped 14 percent statewide from 2011 to the first three quarters of 2014, with the average payment down 28.7 percent in South Florida in the same time. But the numbers are still considered too preliminary to show the full impact of the law.
McCarty said ending no-fault wouldn’t impact many motorists, as “only a handful of people” buy just the minimum coverage, while those engaged in fraud would look for other outlets.
“We talk about the whack-a-mole. Fraud is rampant in this state,” McCarty said. “Fraud looks for its weakest link. And if you eliminate (PIP), even if for just two years, in two years you would cut the pipeline off of PIP. You’d cut the supply of capital going into PIP.”
But PIP doesn’t appear to be a priority for lawmakers as they hold committee meetings in preparation for the 2016 legislative session, which starts in January.
House Insurance & Banking Chairman John Wood, R-Winter Haven, said Wednesday he expects to address reform to workers’ compensation insurance, continue efforts to reduce the size of Citizens Property Insurance Corp. and deal with the proliferation of “assignment of benefits” lawsuits. Such lawsuits involve disputes about homeowners signing over policy benefits to contractors.
Rep. Larry Lee, a Port St. Lucie Democrat who is an insurance agent and member of Wood’s subcommittee, said Wednesday that lawsuits involving Citizens and water-damage claims are a good example of the increase in assignment of benefits cases.
“If the consumers could understand how some of these things we deal with, that we wrestle with in the Legislature, impact their premiums, they would have a better understanding of why we make certain decisions,” Lee said.
Lawmakers have been reluctant to tackle the assignment of benefits issue, but pressure has been growing.
The insurance industry argues for reform, saying the system allows contractors to set costs and demand payment for work. The building industry contends that assignment of benefits helps property owners quickly hire contractors who can perform emergency repairs and later seek payment from insurers.
On Monday, a three-judge panel of the 1st District Court of Appeal in Tallahassee, in rejecting a court challenge involving an assignment of benefit case, said it is up to state lawmakers — not the court system — to tackle the controversial issue.
“We again conclude … that it is for the legislative branch to consider this public policy problem, not the courts, at this juncture,” said the ruling, written by Judge Scott Makar and joined by judges Stephanie Ray and Ross Bilbrey. “Legislative review provides a more detailed inquiry into the current situation in the industry and greater flexibility in achieving meaningful reforms, if deemed necessary. On the other hand, courts are ill-equipped to pass judgment on the merits of the policy debate at hand, and less likely to be able to formulate a remedy that is mutually beneficial to insureds and insurers.”
by Jim Turner, The News Service of Florida
Higher Ed Panel To Weigh Guns On Campus
October 29, 2015
House members could continue moving forward next week with a controversial proposal that would allow people with concealed-weapons licenses to carry guns on college and university campuses. The House Higher Education & Workforce Subcommittee is scheduled next Wednesday to take up the proposal (HB 4001), sponsored by Rep. Greg Steube, R-Sarasota, and Rep. Michelle Rehwinkel Vasilinda, D-Tallahassee, according to the House calendar.
The measure has already been approved by the House Criminal Justice Subcommittee, and the Senate version of the bill (SB 68) has been approved by two committees. The issue has drawn heavy debate, with gun-rights groups backing the bills and many higher-education officials opposed. The measures are filed for the 2016 legislative session, which starts in January.
by The News Service of Florida
Tate Girls Cross Country Wins First Ever District Title
October 29, 2015
The Tate girls cross country team won the first girls’ cross country district championship in school history recently at Sims Middle School in Pace.
They outscored second place Gulf Breeze 40-53 for the victory.
Hannah Wellenkamp led the way individually with a 3rd place time of 20:54. Avery Royer (21:23) was 6th, Carley Pope (21:26) was 8th, McKenna Royer (21:43) was 9th, Emmas Shows (22:49) was 14th and Riley Orr (24:22) was 27th. They will compete in the Regional meet at Alligator Lake in Lake City this Saturday.
Clear And Comfortable Tonight
October 29, 2015
Here is your official North Escambia area forecast:
Tonight: Mostly clear, with a low around 53. North wind around 5 mph.
Friday: Sunny, with a high near 78. Northeast wind around 5 mph.
Friday Night: Partly cloudy, with a low around 60. East wind around 5 mph.
Saturday: A chance of showers between 1pm and 4pm, then a chance of showers and thunderstorms after 4pm. Mostly cloudy, with a high near 77. Southeast wind 5 to 15 mph. Chance of precipitation is 40%.
Saturday Night: Showers and possibly a thunderstorm before 7pm, then showers and thunderstorms after 7pm. Low around 71. Southeast wind around 10 mph. Chance of precipitation is 80%.
Sunday: Showers and possibly a thunderstorm. High near 74. Southwest wind 5 to 10 mph. Chance of precipitation is 90%.
Sunday Night: Showers likely and possibly a thunderstorm. Mostly cloudy, with a low around 63. Southwest wind around 5 mph. Chance of precipitation is 60%.
Monday: A 30 percent chance of showers. Partly sunny, with a high near 76. West wind around 5 mph.
Monday Night: Partly cloudy, with a low around 58. Calm wind.
Tuesday: Mostly sunny, with a high near 80.
Tuesday Night: Partly cloudy, with a low around 61.
Wednesday: Partly sunny, with a high near 80.
Wednesday Night: Partly cloudy, with a low around 62.
Thursday: Mostly sunny, with a high near 81.
Longtime Broadcaster Dave Daughtry Dies
October 29, 2015
Funeral services will be held Saturday for Dave Daughtry, a popular figure in local radio and television for more than 30 years.
Daughtry died Tuesday at a Pensacola hospital. The native of Macon County, Ala. was 76.
Services will be held at 11 a.m. Saturday at First Baptist Church in Pensacola. Visitation will begin at 10 a.m.
Daughtry, who got his start in broadcasting at a small radio station in Andalusia, Ala., had hosted the morning show on WEBY-AM in Milton for the past 14 years. In addition, he moderated a Sunday night BLAB-TV show, “Justice for All,” featuring attorneys Barry Beroset and Tommy Ratchford.
Although he also had been an anchor on WEAR-TV in Pensacola and a reporter-anchor on WALA-TV in Mobile, “radio was what he loved most,” said Denise Chenel Daughtry, his wife of 26 years.
His love meant long and early hours. He started preparing for his two-hour show at 2:30 a.m. and arrived at the Milton station at 5 a.m. in order to go on the air at 6 a.m.
“He joined us in 2001 and he’s been our morning guy ever since,” said Mike Bates, owner of WEBY. “We even ran a promotion called ‘Wake Up With Dave’ and that’s what a lot of people did.”
In addition to delivering news, weather and sports, Mr. Daughtry created a whimsical character, “Farmer Dave,” who dispensed folksy bits of philosophy. The “Farmer Dave” title was tongue-in-cheek, his wife said, because he knew a lot about gardening but little about farming.
However, he knew a lot about broadcasting in a career that covered several states and innumerable assignments. From that first job in Andalusia. Daughtry went to Huntsville and worked his way up at other stations before moving to Nashville, and switching to television. He was news director and anchor for WSM television and dominated the ratings there for several years.
He was press secretary for the City of Knoxville and also worked at television stations in Memphis and Washington, D.C.
Daughtry came to Pensacola more than 30 years ago to anchor the news at WEAR-TV and then spent several years with WALA-TV.
Along with his love for newsgathering and writing, he had a strong voice and loved to belt out songs. His beloved dogs Peaches and Pal often accompanied him on trips from his home in the Historic Seville District in Pensacola.
In addition to his wife, he is survived by three children: Bonnie Daughtry Barazza (Mike), Michael Daughtry (Sheila) and Patrick Daughtry (Lynn), all of the Auburn area. He also leaves behind seven grandchildren: Lindsey Seal, Shannon Barazza Hlcome, Evan Barazza, Patrick Houston Daughtry Jr., Amanda Daughtry Van Ausdal, Shelby Prestridge and Benjamin Daughtry. Daughtry also was eagerly awaiting the birth of his first great-grandchild by Amanda and Don Van Ausdal.
Ruby King Lewis
October 29, 2015
Mrs. Ruby King Lewis, 89, passed away on Tuesday, October 27, 2015, in Pensacola.
Mrs. Lewis was a native of Molino, former resident of Bay Minette and resided in Bay Springs, FL, most of her life. Mrs. Lewis attended the Horse Neck Community Holiness Church. She is preceded in death by her husband, Frankie Lewis, Sr., one son, Rodger Dale Lewis, one infant daughter, one infant son, three sisters and two brothers.
She is survived by onesSon, Frankie Lee (Ann) Lewis, Jr. of Molino; two daughters, Elizabeth Lewis (Ronnie) Faulk of Walnut Hill and Sara N. (Eddie) Figureid of Pensacola; one brother, Paul David King of Pensacola; three sisters, Mary Blair of Century, Rosa Mobley of Ensley, and Sara Jane Stewart of Cantonment; 17 grandchildren; 34 great grandchildren and seven great-great grandchildren.
Funeral services will be Saturday, October 31, 2015, at 11 a.m. at the Bay Springs Full Gospel Church with Rev. Brandon Stophel officiating.
Burial will follow at the Bay Springs Cemetery.
Visitation will be Friday, October 30, 2015, from 6-8 p.m. at the Petty-Eastside Chapel Funeral Home.
Pallbearers will be Frankie Nicholson, Kevin Nicholson, Jason Nicholson, Peter Nicholson, Richard Lewis and Christopher Brown.
Honorary pallbearers will be Jeffrey Fox, Michael Fox and Brandon Lewis.
Petty-Eastside Chapel Funeral Homes in Atmore is in charge of all arrangements.
Tate High Graduate Halee (Boyd) Bush Passes Away From Cancer
October 28, 2015
Tate High School graduate Halee (Boyd) Bush lost her battle with cancer Tuesday. She recently turned 21.
Over the past few years, we ran numerous stories about Halee’s battle with cancer, her never ending will and the community’s love and support for her.
Halee fought Alevola Rhabdomyosarcoma , ARMS for short, a rare cancer of the muscles that are attached to the bones. There are only a few hundred new cases per year in the U.S. The prognosis is usually every poor.
In April 2012 Halee Boyd on top of the world as a junior at Tate High School. She was recently named next year’s Beta Club president, involved with the Interact Club and looking forward to graduation just a year away. She started having severe headaches, followed by blurry and double vision. Within 10 days her right eye was swollen, and the Boyds headed to a hospital emergency room. On April 29, 2012, they learned she had a tumor.
At that point, the hardest part for Halee was not being in her daily routine of school at Tate.
“I miss being in my classes and my teachers and being surrounded by my Tate family, being social and going to events,” Halee said from Shands Children’s Hospital a month after the diagnosis. “I love my school and wouldn’t trade it for anything. I miss my friends, being able to see them every day and talking to them. I miss going out with them, but most of all I miss them being normal because now that I have cancer everything feels different.”
For her 18th birthday, Halee ’s wish to see and meet country star Miranda Lambert in concert in Orange Beach came true, even if she did have to make the trip in an ambulance.
“She’s got a little cancer, y’all, but she’s the strongest girl I’ve ever met. She’s beautiful. She came here, she’s in her hospital bed rockin’ her ass off…there she is,” country star Miranda Lambert said during her concert. She then led thousands in singing to Halee.
“Happy birthday dear Halee; happy birthday to you,” Lambert, the CMA’s female vocalist of the year, sang. “You’re awesome and beautiful…she’s so cool,” she said.
Halee responded with her all so familiar smile.
Tate High School rallied behind Halee, as did the North Escambia community. There were numerous fund raisers and numerous events held for her and her family. She led the Survivor’s Lap at the 2013 Greater Escambia Relay for Life.
She was hospitalized and unable to graduate with her beloved Tate High School Class of 2013. Her classmates all wore gold ribbons in her honor.
In November 2013, the Make-A-Wish Foundation provided Halee and her family with a dream trip to Paris. And in June 2014, she realized her goal of graduating from Tate. In April 2015, she married Sid Bush of Jay.
“It’s about the fight; it’s about never giving up.” — Haylee (Boyd) Bush, Relay For Life at Tate High School, May 3, 2013.
Pictured top left: Halee (Boyd) Bush reacts after learning that she had been presented with a Make-A-Wish Foundation trip to Paris. Pictured top right, top inset and below: Halee celebrating her 18th birthday with country star Miranda Lambert. Pictured bottom inset: Haylee talks about living with cancer during a Relay for Life event at Tate High School. NorthEscambia.com file photos, click to enlarge.
Northview High Teacher Barry Receives Governor’s Shine Award
October 28, 2015
During a meeting of Florida’s Cabinet on Tuesday, Gov. Rick Scott presented his Governor’s Shine Awards to four outstanding educators, including Northview High School teacher Anna Barry.
Barry was named the Escambia County Teacher of the Year. She teaches world history and honors world history at Northview. Barry is a product of the Escambia County School systems, from kindergarten at Bratt Elementary School, to Ernest Ward Middle School through gradation from Northview in 2000.
Barry received a bachelor of science degree in health education and went on to become professionally certified in several areas. She has taught for 10 years — two years at Ernest Ward and eight years at Northview. She also works together with other teachers to improve the educational experience of students.
Pictured top: Northview teacher Anna Barry (third from right) and three other teachers were honored Tuesday by the Gov. Rick Scott and the Florida Cabinet. Photo for NorthEscambia.com, click to enlarge.
“We are thankful for the commitment of our teachers to help students receive the best education possible in Florida. It is an honor to present four outstanding educators with the Governor’s Shine Award today and I look forward to seeing their continued success in the classroom,” Scott said.
Anti-Gambling Group Wants Florida Voters To Decide About Casinos
October 28, 2015
An anti-gambling group wants to give voters the ability to decide whether Florida should have non-tribal casinos, but the preliminary fate of the proposed constitutional amendment rests in a Supreme Court decision about slot machines at a Gadsden County horse track.
A newly-formed political committee called “Voters in Charge” announced Tuesday it has started a petition-gathering process, with an eye on getting a proposal on the 2018 ballot. If approved, the “Voter Control of Gambling” constitutional amendment would require future statewide votes to authorize casino-style games including blackjack, craps and roulette.
The amendment would take away the Legislature’s ability to approve casinos in Florida but would not affect tribal operations, which are regulated by federal law.
The committee is aiming to collect the requisite 68,314 signatures to trigger a Florida Supreme Court review by the end of the year. But whether or not Voters in Charge intends to pursue a ballot initiative ultimately rests with the court’s decision in another case, according to committee chairman John Sowinski.
“We view this as an insurance policy, frankly,” Sowinski said in a telephone interview Tuesday.
The Supreme Court has been asked to decide whether a horse track in the Gadsden County community of Gretna, which originally received its pari-mutuel license for rodeo-style barrel racing, can have slot machines.
The case centers on a 2009 law establishing eligibility for slot machines at pari-mutuels, an expansion of a 2004 voter-approved constitutional amendment that authorized slots at seven existing horse and dog tracks and jai-alai frontons in Broward and Miami-Dade counties. The 2009 change allowed a Hialeah track, which wasn’t operating at the time the amendment was approved, to also operate the lucrative one-armed bandits.
The 2009 law also expanded eligibility for slots to include facilities in “any other county … pursuant to a statutory or constitutional authorization after the effective date of this section in the respective county.” The law went into effect July 1, 2010.
The 1st District Court of Appeal ruled earlier this month that Gretna Racing, operated by the Poarch Creek Indians of Atmore, cannot have slots without legislative approval.
The case has implications for several other counties — Brevard, Lee, Hamilton, Palm Beach, and Washington — where voters have approved referendums authorizing slots at local pari-mutuels. A nearly identical case is pending in the 4th District Court of Appeal, where the Palm Beach Kennel Club is also challenging the Department of Business and Professional Regulation’s denial of its application for slot machines.
In the Gadsden County case, the Supreme Court could allow Gretna to operate slots without legislative approval or decide that the Legislature must approve the slots. Or the court could rule that the expansion of slots at pari-mutuels outside of Broward and Miami-Dade counties requires another constitutional change.
Sowinski said his group wants “to have a ready weapon” with the ballot proposal in case the Supreme Court decides that no constitutional action is necessary for pari-mutuels outside of the two South Florida counties to add slots.
“We want to be positioned and ready so if there is a court decision that does not affirm that the people have the final say on this, that they’ve got an amendment that makes it abundantly clear on the ballot,” Sowinski said.
The ballot initiative comes after lawmakers have repeatedly failed to sign off on “destination resorts” pushed by out-of-state casinos. Gambling giant Las Vegas Sands recently abandoned its efforts in Florida.
Voters In Charge is backed by No Casinos, a group supported by Disney World, the Florida Chamber of Commerce and a variety of tourism-related groups. Sowinski is also the president of No Casinos.
The ballot initiative could also be viewed as a shot across the bow as negotiations over a deal with the Seminole Tribe heat up.
Gov. Rick Scott’s chief lawyer, Tim Cerio, is working with Republican House and Senate leaders to craft a new agreement with the Seminoles. A deal expired earlier this summer that gave the tribe exclusive rights to operate banked card games like blackjack at most of its casinos.
According to sources close to the talks, the new pact would allow the tribe to have craps and roulette and also would permit the Palm Beach County greyhound track to add slots. That would be banned without statewide approval under the proposal floated by Voters in Charge.
by Dara Kam, The News Service of Florida
Three Jail Locations Discussed At Escambia Town Hall Meeting
October 28, 2015
Escambia County held a special town hall meeting Tuesday to present three proposed sites for a new jail to the public and answer questions.
The county is considered three sites for the new Escambia County Jail: the Palafox and Airport Boulevard site, the Brent Lane site, and the Mid-town Commerce site.
The Board of County Commissioners is expected to vote on the jail site on Thursday, November 12, at 5 p.m., during a specially-called Board meeting.
Pictured: A town hall meeting was held Tuesday night in Pensacola to discuss three potential sites for a new Escambia County Jail. Photos for NorthEscambia.com, click to enlarge.
