Florida Gov’t Weekly Roundup: That Pesky Third Branch
September 6, 2015
An off-election summer in the capital city usually provides a tempting opportunity for idle hands to pursue thrills in far-flung climes more palatable to the senses than Tallahassee’s oppressive heat.
For the fortunate, this sweltering season was one like any other, full of indulgences in travel and esprit. But for others, the Florida Supreme Court put the kibosh on even Thurberish escapes, replacing fantasy with drudgery and casting a lugubrious pall over an already pudding-like ambiance.
Some might be grateful to the state’s high court for providing a reprieve in the waning days of summer from news that would otherwise have been dominated only by scandal, a la Ashley Madison, and Donald Trump.
The Florida Supreme Court this week again obliged.
On Tuesday, the justices heard dueling arguments about a constitutional amendment dealing with solar energy.
On Wednesday, the court pondered whether a doctor could be found negligent after one of his patients hanged herself.
On Friday, the court revealed that, after being diagnosed with cancer, Chief Justice Jorge Labarga will undergo surgery to have a kidney removed.
And the Supreme Court capped off the week by handing to a Tallahassee judge the task of putting together a congressional redistricting plan after state lawmakers failed to agree on a new map during a special session last month.
Might the court now allow us an opportunity to act on some of James Thurber’s advice? “It is better to have loafed and lost, than never to have loafed at all.”
THE WAITING ISN’T THE HARDEST PART
In an order Friday afternoon, the Supreme Court left open the possibility that the Legislature could still come back into session and redraw congressional districts. But it also made clear it wasn’t waiting long for lawmakers, giving Leon County Circuit Judge Terry Lewis until Oct. 17 to handle the case — and refusing a House request for more time.
“Sufficient time exists for the Legislature to accomplish this task before the matter is scheduled for a hearing before the trial court, should the House and Senate agree to convene for another special session,” Labarga wrote in a concurring opinion. “However, if the two houses of the Legislature cannot join together to pass a plan within this time, the judiciary must take steps to ensure that a constitutionally compliant congressional redistricting plan is in place …to provide certainty to candidates and voters.”
Friday’s order came nearly two months after the Supreme Court ruled that eight current congressional districts violate the anti-gerrymandering “Fair Districts” standards approved by voters in 2010.
The Supreme Court in July ordered lawmakers to hold a special session to redraw the districts to comply with the constitutional standards. But the House and Senate could not agree on a map during an August session, tossing the issue back to the courts.
Lewis, who has long overseen litigation about the congressional districts, said late last month that he needed guidance from the Supreme Court about how to proceed. That resulted in Friday’s order.
LABARGA TO UNDERGO SURGERY LATER THIS MONTH
Labarga, 62, will undergo surgery sometime this month at UF Health Shands Hospital in Gainesville, according to an announcement released by the court Friday morning.
The chief justice will be hospitalized for a week after having one of his kidneys removed, and will start working remotely soon after surgery. Justice Barbara Pariente — the court’s longest-sitting member and a former chief justice — will serve as acting chief justice during any time Labarga is incapacitated.
Labarga has served on the Supreme Court since 2009 and became its first Cuban-American chief justice last year.
“Doctors tell me that my prognosis is very good after surgery because the cancer was detected early by blood tests during a routine medical exam,” Labarga said in the announcement. “This is a big example of why regular testing is so important for everyone.”
Numerous closely watched cases — including a proposed ballot initiative aimed at increasing the use of solar energy in the state — are pending in the court.
Labarga has made a priority as chief justice of trying to find ways to make the civil legal system more accessible to lower-income Floridians. The effort comes as legal-aid programs grapple with a shortage of funding.
Labarga, who was born in Cuba, was appointed to the Supreme Court by former Gov. Charlie Crist after serving as a Palm Beach County circuit judge and a brief stint on the 4th District Court of Appeal.
He and four other justices — Pariente, R. Fred Lewis, Peggy Quince and James E.C. Perry — have made up a relatively liberal court majority. The court has frequently split 5-2, with the more-conservative Charles Canady and Ricky Polston in the minority.
SHINING A LIGHT ON SOLAR
“There are two kinds of light — the glow that illuminates, and the glare that obscures,” Thurber quipped.
Pariente may have suspected that lawyers appearing before the court earlier this week were trying to eclipse each other during arguments about a proposed constitutional amendment to expand the use of solar energy.
She cautioned the attorneys more than once that their remarks leaned more toward campaign rhetoric than the legalities of the ballot initiative.
The Floridians for Solar Choice amendment, in part, would allow businesses to generate and sell up to two megawatts of power to customers on the same or neighboring properties. Two megawatts have been estimated as providing the daily needs of a typical Wal-Mart or residential communities between 225 and 714 homes.
The court has to decide if the proposed ballot language is limited to a single subject, the wording is unambiguous and the summary meets a 75-word limit. But the court is not supposed to weigh the merits of proposed constitutional amendments — which prompted Pariente’s comments Tuesday.
“It seems to me what you’re arguing is why the voters shouldn’t approve it,” Pariente told Barry Richard, an attorney for Florida Power & Light, Duke Energy Florida, Gulf Power and Tampa Electric. “It talks about a certain amount of power … and it talks about contiguous or on the property supplying it. Whether it will upend the entire electric power structure in Florida or not seems to be merits of the proposal, not that it (the ballot language) is misleading.”
Attorney General Pam Bondi has joined the power companies in opposition to the measure.
State Solicitor General Allen Winsor, representing Bondi, argued that the amendment would change the definition of utilities that require Public Service Commission oversight and that it is ambiguous about the future impact on consumer electric rates.
But proponents of the amendment believe that the justices will agree that the initiative can be placed on the November 2016 ballot if enough signatures are collected.
“I think they were much more skeptical of their (opponents’) arguments than ours,” said Stephen Smith, executive director of the Southern Alliance for Clean Energy, which is the biggest backer of Floridians for Solar Choice. “I think the judges understood what we’re trying to do, and I think that while they might not agree wholeheartedly with the policy implications, their job was to focus on the language and let the voters decide. And I think we cleared that hurdle.”
STORY OF THE WEEK: The Florida Supreme Court sent the state’s battle about congressional redistricting back to a lower court after lawmakers could not agree on a plan during a special session last month.
QUOTE OF THE WEEK: “For a department that routinely murders prisoners in its care through brutality and through medical neglect, it should come as no surprise that they don’t respect the First Amendment any more than they respect the Eighth.” Prison Legal News founder Paul Wright, speaking after a federal judge upheld a Department of Corrections ban on his publication in state prisons. Florida is the only state in the country that forbids the monthly publication.
by Dara Kam, The News Service of Florida
Tropical Storm Grace Moving Across Atlantic; Local Forecast Include More Rain
September 6, 2015
![[Image of 5-day forecast and coastal areas under a warning or a watch]](http://www.nhc.noaa.gov/storm_graphics/AT07/refresh/AL0715W5_NL+gif/203225W5_NL_sm.gif)
Tropical Storm Grace formed Saturday. The latest information on Grace is in the graphic above.
Here is your official North Escambia area forecast:
Sunday: A 50 percent chance of showers and thunderstorms, mainly after 2pm. Mostly sunny, with a high near 90. Northeast wind around 5 mph.
Sunday Night: A 20 percent chance of showers and thunderstorms. Partly cloudy, with a low around 71. Calm wind.
Labor Day: A 40 percent chance of showers and thunderstorms, mainly after 1pm. Mostly sunny, with a high near 89. North wind around 5 mph becoming east in the afternoon.
Monday Night: A 20 percent chance of showers and thunderstorms. Partly cloudy, with a low around 71. East wind around 5 mph becoming calm.
Tuesday: A 40 percent chance of showers and thunderstorms. Partly sunny, with a high near 87. Northeast wind around 5 mph becoming southeast in the afternoon.
Tuesday Night: A 20 percent chance of showers and thunderstorms. Mostly cloudy, with a low around 72. South wind around 5 mph becoming calm in the evening.
Wednesday: A 50 percent chance of showers and thunderstorms. Partly sunny, with a high near 87. Calm wind becoming south around 5 mph in the afternoon.
Wednesday Night: A 20 percent chance of showers and thunderstorms. Mostly cloudy, with a low around 72. Southwest wind around 5 mph.
Thursday: A 40 percent chance of showers and thunderstorms. Partly sunny, with a high near 88.
Thursday Night: A 20 percent chance of showers and thunderstorms. Mostly cloudy, with a low around 72.
Friday: A 50 percent chance of showers and thunderstorms. Partly sunny, with a high near 88.
Friday Night: A 30 percent chance of showers and thunderstorms. Mostly cloudy, with a low around 70.
Saturday: A 50 percent chance of showers and thunderstorms. Partly sunny, with a high near 86.
Smith Graduates From Naval Training
September 6, 2015
Dakota Rex Smith graduated recently from basic training after eight weeks at the Naval Service Training Command in Great Lakes, IL. Dakota is the son of Rex Jr. and Theresa Smith of Jay.
Wahoos Remain In First With Two Games Remaining
September 6, 2015
The Pensacola Blue Wahoos are in an exciting finish down to the wire for the second half South Division crown in the Southern League, and they have the added excitement with Billy Hamilton playing for them as he recovers from his right shoulder injury.
Pensacola lost Saturday night, 6-3, to the Mobile BayBears leaving two games left to play, but the sellout crowd of 5,038 got to watch in awe as Hamilton scored in the fifth inning from first base on a single, showing off his cheetah-like speed.
Hamilton beat the throw home even though he hesitated between second and third. Hamilton had reached first with a two-out single on a line drive to right field.
Pensacola Manager Pat Kelly, who coached Hamilton in the Rookie League, said the center fielder is fun to watch.
“Scoring from first on a single is not too shabby either,” Kelly said. “Once he saw the play would be close, he out ran the ball to home, which you supposedly can’t do. He just adds to the excitement. Billy is extremely fun to watch.”
Hamilton, the Rookie of the Year finalist from the Cincinnati Reds last year, said he felt very welcome by the fans, many who watched him set the minor league record of 155 stolen bases in 2012 for Pensacola. He currently leads the National League with 54 before going on the DL on Aug. 19.
“There are great owners and great people who work here,” Hamilton said. “They made me feel good.”
Hamilton, who was 1-3 with a run scored and a walk, said he would do what he could to help Pensacola clinch the division, which they currently lead by a half game over the Mississippi Braves and one game over Mobile.
“I can tell they really want to win it,” Hamilton said. “It’s fun to play with guys like that. I told them just because I’m a big leaguer, don’t treat me that way. I told them, I’m one of you guys.”
Pensacola shortstop Alex Blandino’s single to the right-center field gap in the fifth inning pulled Pensacola within, 6-2, on Hamilton’s safe slide home.
The Blue Wahoos added another run the seventh inning to come within, 6-3, when Blandino hit a ground rule double that knocked in shortstop Zach Vincej.
However, Mobile scored three times in the first inning with the BayBears second baseman Garrett Weber doubling in the right field corner to score shortstop Jack Reinheimer, who had walked. Mobile first baseman Rudy Flores then doubled in Weber. Finally, BayBears third baseman Sean Jamieson singled up the middle that Pensacola second baseman Zach Vincej stopped. He had Flores hung up between third and home but through the ball in the dirt to Blue Wahoos third baseman Seth Mejias-Brean and Flores scored to put Mobile up, 3-0.
Mobile led by as much as, 6-1, when Jamieson knocked in two more runs in the fifth inning on a double to the left center gap.
Pensacola, which secured its first winning record in a half since its first season in 2012, is now 37-31, while Mississippi fell to 36-31 with its loss Saturday. Mobile, which is trying to make the playoffs for the sixth straight year, improved to 35-31.
The North Division playoffs are already set with Twins Double-A affiliate Chattanooga Lookouts facing the Tampa Bay Devil Rays affiliate the Montgomery Biscuits.
Pensacola is looking to make its first postseason appearance since its inaugural season in 2012 and end the longest drought of missing the playoffs by a Southern League Major League affiliate. The Cincinnati Reds last Double-A team to make the playoffs was Chattanooga in 2006.
The second half winner plays the Shuckers, which won the first half despite playing its first 54 games on the road, while Biloxi finished its new MGM Park by June 6.”
Kelly acknowledged that Pensacola has gone, 2-5, but still remains in first place. He thanked the last-place Jacksonville Suns for playing Mississippi tough.
“They’ve helped us out,” Kelly said. “We’re all competitors. Even last place teams need something to play for.”
AAA: Labor Day Gas Cheapest Since 2004
September 6, 2015
Pump prices continue to drop and most drivers are paying the lowest gas prices for Labor Day weekend since 2004. The national average price for regular unleaded gasoline has fallen for 14 consecutive days for a total of 20 cents per gallon.
For the Labor Day holiday travel period defined as Thursday, September 3 to Monday, September 7, AAA projects 35.5 million Americans will trek 50 miles or more.
Gasoline prices nationwide average $2.53 per gallon, 90 cents cheaper than a year ago. The previous lowest price for Labor Day gas was $1.85 in 2004.
The average price per gallon for regular unleaded Saturday in the Escambia County are was $2.24, down from $2.49 one month ago and $3.35 one year ago. Pensacola’s lowest gas price Saturday night was $2.13, while the lowest in Escambia County, AL, was $1.98 in Brewton.
Pictured: A gallon of regular unleaded was selling at $2.29 late Saturday afternoon in Century, a nickel above the Escambia County average of $2.24. NorthEscambia.com photo.
Two Injured In Early Morning Cantonment Wreck
September 5, 2015
At least two people were injured in an early Saturday morning crash in Cantonment.
A pickup truck and car collided on Muscogee Road at Webb Street about 4 a.m. Saturday. Two people in the car were injured, one as a “trauma alert”, and were transported to area hospitals. The driver of the pickup truck was not on the scene when first responders arrived.
Further details have not yet been released as the Florida Highway Patrol continues their investigation.
NorthEscambia.com photos by Kristi Price, click to enlarge.
Walnut Hill Shooting Victim Arrested For Battery
September 5, 2015
The target of a shooting Wednesday morning near Walnut Hill has been arrested.
Jake Clayton Smith, 26, was charged with battery. He remained in the Escambia County Jail without bond early Saturday morning.
The Escambia County Sheriff’s Office responded to Smith’s residence in the 6000 block of Rockaway Creek Road Wednesday morning where they found him with injuries to his legs and feet after a couple of gunshots were fired in his direction but into the floor of the home. He was injured by debris, but not directly shot.
When deputies arrived, they heard a female cry for help, and found her in a bathroom window stating that Smith was trying to get into the bathroom with her. The deputy advised her to crawl out of the windows, at which time Smith came out the rear door of the residence and was taken into custody without incident.
The female told deputies that she had accompanied Smith to a Davisville bar that morning so he could have a drink in memory of a deceased friend. He became intoxicated and upset, accusing her of flirting with other men at the bar, according to an arrest report.
When they returned to the residence, Smith came inside and grabbed a gun. The female stated she grabbed the gun away from Smith and had another firearm in her possession. She backed into a corner of the living room with both weapons, and fired both guns into the floor with Smith lunged and grabbed her around the neck.
The victim ran into a bedroom and locked the door, but did not have her cell phone to call 911. Instead, she used a tablet to message her brother on Facebook to call the Sheriff’s Office.
Smith was transported by ambulance to Atmore Community Hospital for treatment.
NorthEscambia.com photos, click to enlarge.
Tate Beats West Florida (With Photo Gallery)
September 5, 2015
The Tate High School Aggies beat the West Florida Jaguars 17-3 Friday night at Woodham Middle School.
The West Florida Jaguars took an early 3-0 lead on a field goal. The Aggies regained the lead 7-3 on a quarterback keeper from Sawyer Smith.
Tate expanded their advantage to 14-3 on an 80-yard touchdown run from Alondo Thompkins. The Aggies held that 14-3 lead headed into halftime and came back with a field goal to win 17-3.
Thompkins racked up 134 yards for the Aggies.
For photo gallery, click here.
The Tate Aggies are off next week and will host Pensacola High School at 7:30 p.m. on September 18 for homecoming.
NorthEscambia.com photos by Keith Garrison, click to enlarge.
Early Morning Blaze At Nine Mile Restaurant Quickly Extinguished
September 5, 2015
Firefighters discovered a small kitchen fire inside the Tokyo Restaurant on Nine Mile Road early Saturday morning
Someone at a nearby Pizza Hut called 911 shortly before 1 a.m. to report seeing smoke coming from the building in the Winn Dixie shopping plaza. As firefighters investigated, they found the small fire inside the rear of the Tokyo Restaurant, and it was quickly extinguished.
The restaurant was not open at the time. There were no injuries reported.
High School Football Score Roundup
September 5, 2015
Here is a look at Friday night’s high school football scores from across the area:
FLORIDA
Tate 17, West Florida 3 [Read more, photos...]
Resurrection Catholic 12, Jay 0 [Read more, photos...]
Choctaw 31, Pine Forest 28
Pensacola 40, Pace 10
Escambia 28, Niceville 24
Navarre 42, Washington, 0
Catholic 41, Gulf Breeze 24
Milton 27, Champagnat Catholic 20
Northview — OPEN
ALABAMA
Washington Co. 27, Flomaton 12
Vigor 43, Atmore 0
T.R. Miller 7, Bayside Academy 0
W.S. Neal 15, Clarke Co. 0
Escambia Academy 49, Lancaster Christian (Smyrna, TN) 8