Appeals Court Rules Against High Tax Rate For Satellite TV
June 12, 2015
An appeals court Thursday said a Florida law is unconstitutional because it imposes a higher tax rate on satellite-television companies than on their cable-TV competitors.
The 1st District Court of Appeal, in a 2-1 ruling, also ordered a lower court to determine how much money should be refunded to satellite-TV companies. The ruling overturned a decision by a Leon County circuit judge, who found the differing rates in the state’s communications-services tax were valid.
The Florida Department of Revenue quickly vowed to appeal Thursday’s ruling.
“The department has reviewed this opinion and plans to challenge the ruling,” department Executive Director Marshall Stranburg said in a prepared statement. “The court’s opinion is contrary to decisions on this issue in numerous state and federal courts and misconstrues the effect of the communications services tax.”
The case stems from the state communications-services tax being set at 6.65 percent for cable TV and 10.8 percent for satellite service. The appeals court found that the tax is discriminatory and violates the Commerce Clause of the U.S. Constitution.
“Here, the sales tax portion of the CST (communications-services tax) is discriminatory in effect because it affects similarly-situated entities, cable and satellite companies, by imposing a disproportionate burden on satellite service and conferring an advantage upon cable services, which use in-state infrastructure,” said the majority opinion, written by Judge Clay Roberts and joined by Judge Ronald Swanson.
A key part of the case involved a question about whether the tax law discriminates against out-of-state satellite companies when compared with cable companies that have large amounts of infrastructure in Florida. Such discrimination can violate what is known as the “dormant” Commerce Clause.
In a dissenting opinion, appeals-court Judge Simone Marstiller disputed that the law violated the dormant Commerce Clause.
“Inasmuch as the cable providers and the satellite providers both have human and physical assets in Florida which they use to provide services to their customers, they both have significant in-state economic interests,” Marstiller wrote. “I fail to see how, under these facts, the cable providers have local economic interests, but the satellite providers do not. And I find nothing in dormant Commerce Clause jurisprudence that would justify invalidating Florida’s CST based on one group’s comparatively greater economic investment in the state where both groups have economic investment here.”
The potential ramifications of the ruling were not immediately clear Thursday, as the appeals court sent the case back to circuit court to determine a refund amount.
The ruling came as state lawmakers negotiate a budget for the fiscal year that starts July 1 — and, somewhat ironically, are discussing a reduction in the communications-services tax.
House Speaker Steve Crisafulli, R-Merritt Island, said Thursday afternoon he was waiting to get a briefing on the potential ramifications of the ruling. But he noted that an appeal would likely delay its effects.
by Jim Saunders, The News Service of Florida
NorthEscambia.com photos, click to enlarge.
Scott Signs Controversial Adoption Bill
June 12, 2015
Gov. Rick Scott on Thursday signed 48 bills Thusrday, including an controversial adoption bill..
The bill (HB 7013) will provide $5,000 payments to government workers who adopt foster children, with the payments increasing to $10,000 for adopting children with special needs. But the bill also sparked fierce protests over what one critic called its “poison pill” — a provision repealing the state’s decades-old ban on gay adoption.
An outcry by social conservatives about repealing the ban led the House this spring to approve another measure — dubbed the “conscience protection” bill — that would have protected faith-based adoption agencies from lawsuits or loss of licensure for refusing to place children with gays. But the “conscience protection” bill did not pass the Senate.
Scott sought to bridge the divide in a letter Thursday that accompanied his signing of HB 7013. He noted that the gay adoption ban hasn’t been enforced since 2010, when the 3rd District Court of Appeal struck it down. However, he wrote, “It is my hope and expectation that the Legislature will take future action to make clear that we will support private, faith-based operators in the child welfare system and ensure that their religious convictions continue to be protected.”
Sen. Don Gaetz, a Niceville Republican who was the Senate sponsor of HB 7013, indicated he was elated — and grateful — that Scott signed the measure.
“I know that there was political pressure to veto the bill,” Gaetz said. “I know there were people who were passionate, and I’m sure very well intentioned, who believe that one line in this bill was enough to encourage the governor to veto what was otherwise truly an expression of hope and support by the state of Florida for hundreds and hundreds of hard-to-place kids.”
Meanwhile, Rep. Dennis Baxley, an Ocala Republican who supported the “conscience protection” bill and is one of the most-prominent social conservatives in the Legislature, pointed to the difficult decision that faced Scott.
“The governor certainly articulates the conundrum we find ourselves in,” Baxley said. “I don’t hate anybody. I’m not phobic or afraid of anybody. I simply can’t morally run over my Biblical beliefs about homosexuality. And I still believe that every child deserves a mom and a dad.”
John Stemberger, president of the conservative Florida Family Policy Council, had a harsher assessment of the bill. Stemberger tweeted that the governor had signed a “bad homosexual adoption bill putting faith-based agencies at risk.”
But Rep. David Richardson, a Miami Beach Democrat who played a key role in getting the gay-adoption ban repealed, said in a prepared statement he was “glad the governor did the right thing.”
“This is a momentous day and an important advance for civil rights,” said Richardson, who is gay. “It’s also great news for children who will be adopted into loving homes.”
Scott signed the adoption bill just hours after formally receiving it.
by Margie Menzel and Jim Turner, The News Service of Florida
Florida Department Of Education Honors Involvement Of Two Escambia Churches
June 12, 2015
The Florida Department of Education has recognized two Escambia County churches with the Commissioner’s Business Recognition Awards. The awards acknowledge businesses for their extraordinary contributions to public education in Florida.
For Escambia County, the awards were presented to Calvary Baptist Church on Pine Forest Road and Pine Summit Baptist Church on Bellview Avenue.
Calvary Baptist has been involved in a five year partnership with Bellview Elementary School, having adopted this school as a part of the church’s “Impact Ministry”. Originating from a vision to have a positive impact on the community, the church has numerous members who volunteer as mentors through the Escambia County School District’s Youth Motivator Program.
The church also provides “backpack food” for more than two dozen children identified by the school as lacking food to eat over the weekends. Church volunteers also assist in the classroom and with special projects as requested by the school’s teachers and administrators.
“Everyone benefits when businesses are actively involved in education in their communities,” said Chancellor of K-12 Public Education Hershel Lyons. “I commend our partners’ efforts to ensure students receive the tools and resources they need to be successful in college, career and life.”
“We understand that as Christians, we have a unique and solemn responsibility and privilege to make our community a better place. It is simply not ‘good enough’ to exist in our community and not address the real and prevalent needs of those here,” said Calvary Senior Pastor Chris Aiken. “Teachers have the ‘high ground’ of influence in the lives of children. We simply want to help our schools in fulfilling their mandate to train up and educate this generation of children.”
Calvary also serves the broader school district as hosts of the baccalaureate services for Pine Forest and West Florida high schools, providing mentors at Ransom and Bellview middle schools and MacArthur Elementary, as well as providing leadership to First Priority programs at Pine Forest High, as well as Bellview and Ransom Middle Schools.
Pictured top: Calvary Baptist Church. Courtesy photo for NorthEscambia.com, click to enlarge.
Accused Indiana Child Molester Caught In Escambia County
June 12, 2015
An accused child molester from Indiana was captured in Escambia County Thursday.
The U.S. Marshals Florida Regional Fugitive Task Force captured Scott Edward Culver, 51, who was wanted on a two-year old warrant alleging he molested several young children under the ages of 12 and 14 while living and working in Indiana.
The U.S. Marshals in the Northern District of Indiana contacted the Florida task force two days ago with information that Culver may be living in Escambia County. Officials said it is unclear as to exactly how long Culver may have been hiding in the Pensacola area, but reportedly was employed in a local restaurant.
Early Thursday morning the Task Force and Pensacola Police Department officers went to a house on the 5000 Block of Springhill Drive and arrested Culver without out any resistance.
Culver is wanted on a March 2013 warrant out of Elkhart County charging him with four felony charges of child molestation, one felony charge of child solicitation and a misdemeanor charge of contributing to the delinquency of a minor.
Lawsuit Challenges New Abortion 24-Hour Waiting Period
June 12, 2015
.A day after Gov. Rick Scott signed a bill requiring a 24-hour waiting period before Florida women can have abortions, abortion-rights advocates quickly challenged the constitutionality of the law.
A lawsuit, filed Thursday in Leon County circuit court by the American Civil Liberties Union and the Center for Reproductive Rights, seeks an emergency injunction to prevent the measure (HB 633) from going into effect on July 1.
The new law adds to an already-existing statute that requires physicians performing abortions to provide information to women to obtain consent. Under the new law, the information must be provided in person to women at least 24 hours before the procedures are performed — requiring women to make two trips to abortion clinics.
“By subjecting all women seeking abortion care to both a mandatory 24-hour delay and an additional-trip requirement — a burden placed on patients seeking no other medical procedure in Florida, much less a medical procedure protected by the state Constitution as a fundamental right — the act can only serve to deter women from seeking abortions, and to punish and discriminate against those who do,” a motion for the injunction said.
But legislative leaders stood firmly behind the measure. Senate President Andy Gardiner, R- Orlando, said the law does not deny access, but rather offers a period of reflection before woman make potentially life-changing decisions.
“There will always be legal challenges,” Gardiner said. “In a lot of things we do up here, there are legal challenges, but we feel very confident that we have a very good bill that really provides a reflection on a very, very, very serious decision.”
House sponsor Jennifer Sullivan, R-Mount Dora, said in a statement that “26 states have already instituted a 24-hour waiting period. Six of those states have the exact language that is going to become law in just a few days. Five of those six states faced legal challenges to this same language and courts rejected the challenges. Therefore, I am confident precedent will be respected, and I look forward to seeing this effort to protect life and … women’s health become the law of Florida.”
The lawsuit, filed on behalf of Gainesville Woman Care LLC, which does business as the Bread and Roses Women’s Health Center, and Medical Students for Choice, contends that for women — especially low-income women who must arrange for child care, time off work and overnight travel — the law can push them past the time it is legal to have abortions.
Because abortion doctors typically work just one or two days at most clinics, the law “will inevitably force many women to delay their abortion procedures by a significantly longer period of time than 24 hours, ” lawyers for the plaintiffs wrote. “While abortion is an extremely safe procedure, the later an abortion takes place in pregnancy, the greater the medical risks for the woman, and the greater the cost as well. … The additional-trip requirement also poses a very real threat to a woman’s confidentiality and privacy by increasing the risk that partners, family members, employers, co-workers, or others will discover that she is having an abortion.”
ACLU of Florida legal director Nancy Abudu said the law — which passed the Republican-led House and Senate by large majorities — violates the right to privacy guaranteed in the state Constitution.
“The Florida Supreme Court has recognized that right to privacy extends to the area of a woman’s right to obtain an abortion,” she said. “So, we believe that Florida law provides even greater protections than federal law, which is why we are in state court.”
by Margie Meznel, The News Service of Florida
Biscuits Top The Blue Wahoos In Series Opener
June 12, 2015
The Montgomery Biscuits won the series opener Thursday at its Riverwalk Stadium over the Pensacola Blue Wahoos by scoring four runs in the fifth inning. The two teams return to the field Friday night at 7:05 p.m.
Pensacola did have a last chance to rally. The Blue Wahoos loaded the bases in their final at bat in the ninth inning with no outs when catcher Cam Maron walked, center fielder Beau Amaral singled and second baseman Ryan Wright singled. However, left fielder Jesse Winker popped out to third and first baseman Ray Chang grounded out into a double play.
The Biscuits chased the Blue Wahoos’ lefty Wandy Peralta by scoring four runs off eight hits and three walks.
Montgomery evened its record at 30-30 and fourth place in the Southern League North Division. Meanwhile, Pensacola dropped to 23-36 and last place in the South Division.
In the fifth inning, Montgomery scored its four runs. Right fielder Boog Powell singled on a bunt to first baseman Chang and was driven in by left fielder Joey Rickard on his double to centerfield to go up, 1-0. First baseman Cameron Seitzer singled to right field to score Rickard for a, 2-0, lead. Finally, Johnny Field smashed a two-run blast to center, his eighth homer of the year, to also scored Seitzer to go ahead, 4-0.
In the top of the sixth, Winker lead off the inning with a walk and ended up scoring on a sacrifice fly by shortstop Juan Perez to cut the lead to 4-1.
Montgomery added two more insurance runs in the eighth to go ahead, 6-1, when second baseman Hector Guevara hit a two-run shot, his first homer of the season, to bring in catcher Jake DePew.
Winker has now scored five times in the past 10 games and the Cincinnati Reds No. 2 prospect is hitting .326 (14-43) over that span.
In his last six games, Chang, who went 1-5 against Montgomery and had a walk-off double Wednesday, is hitting .444 (8-18). Amaral, who went 1-4, is batting .295 (13-44) with hits in 11 of the last 12 games.
The Blue Wahoos return home to play the Mobile BayBears June 17-21.
James William Windham
June 12, 2015
James William Windham, 61 of Walnut Hill, passed away Tuesday, June 9, 2015, in Atmore. He was a welder for Alabama Heat Exchangers. He was born in Eustis, FL on February 17, 1954, to James L. and Barbara Bryant Windham. He attended Enon Baptist Church.
He is preceded in death by his father, James L. Windham.
Survivors are his wife, Mildred Huffmaster Windham; two sons, James Zachary (Bridgett) Windham and Matthew J. (Christiana) Windham all of Bay Springs, FL; one daughter, Melissa Martin of Central, FL; mother, Barbara Foss of Tavares, FL; one brother, Cody Windham (Kelly) of Tavares, two sisters, Toni (Mike) Cates of Tavares and Becky (John) Dorinsh of Charleston, SC; eight grandchildren, Abigail, Camilla, Tara, Max, Matt, Wyatt, Arri, Johnny; and one great-grandchild, Carlee.
Services will be Saturday, June 13, 2015, at noon from the Enon Baptist Church in Enon with Bro. Alan Thompson officiating.
Interment will follow in Enon Baptist Church Cemetery.
Active Pallbearers will be Zach Windham, Matt Windham, Steve Andrews, Michael Spivey,C.J. Siminson and Ricky Singleton.
Family will receive friends, Saturday June 13, 2015, at the Enon Baptist Church from 10:30 a.m. until service time at noon.
Johnson-Quimby Funeral Home is in charge of all arrangements.
Escambia Authorities Conduct Active School Shooter Training (With Photo Gallery)
June 11, 2015
The Escambia County Sheriff’s Office, Escambia County Schools and Escambia County Fire and EMS conducted a joint training exercise at Woodham Middle School this morning.
The training scenario portrayed an active shooter on the school campus. This exercise allowed law enforcement, public safety and school administrators to understand how their procedures work, how each department interacts during this kind of situation and identify areas of the response that may need to be improved.
(Some readers may find the photos of realistic training to be disturbing.)
Pictured: An active shooter school training exercise at Woodham Middle School Thursday morning.. NorthEscambia.com photos by Kristi Price, click to enlarge.
Man Charged With Grand Theft From Century Bridge Construction Site
June 11, 2015
A Flomaton man was arrested this week on charges he allegedly tried to steal fuel from two pieces of road construction equipment at a job site near Century.
Keenan Shawn Johnson, 28, was charged with felony grand theft and criminal mischief with property damage. He was released from the Escambia County Jail on a $500 bond.
Authorities allege Johnson obtained “master keys” from a road grader and a roller packer located at a bridge construction site on Fannie Road at Little Escambia Creek. He then allegedly tried unsuccessfully to open the fuel cap on at least one piece of equipment.
According to an arrest report, a fingerprint found a the crime scene was a positive match for Johnson, and an arrest warrant was issued.
The equipment belonged to a private contractor.
Lawmakers Plan To Increase Prisons Budget
June 11, 2015
While slicing and dicing other areas of the budget, lawmakers plan to boost the state’s spending on prisons by $43 million to address needs such as replacing vehicles and fixing leaky roofs and to wipe out a years-long deficit.
House and Senate negotiators have reached agreement during a special legislative session on much of the Department of Corrections’ $2.3 billion budget, which includes a $43 million increase over the current-year spending. That amount is shy of the $53 million Corrections Secretary Julie Jones sought during the regular session, which ended this spring without lawmakers reaching consensus on a state spending plan for the fiscal year that starts July 1.
The spending bump comes after the prisons agency has been rocked for the past year by reports of cover-ups of inmate deaths, corruption and retaliation against whistleblowers.
Setting aside $15.8 million to eliminate the agency’s deficit will bring the department into the black for the first time in three years.
Jones called the proposed spending — which includes 163 positions — “generous” and praised the results.
“The Legislature’s currently proposed funding is a fantastic first step that will allow the department to remain fiscally strong and continue to achieve our vision to change lives to ensure a safer Florida,” she said.
The allocations also add $11 million for food services, including $5 million for religious diets. In a long-running legal battle, a federal judge last month ordered the state to provide kosher meals to inmates, rejecting corrections officials’ argument that the religious diet is prohibitively expensive.
The proposed corrections budget also includes an additional $16.4 million to cover expenses and contracted services, including toiletries, clothing and utility costs. Jones told senators this spring that her agency has been redirecting salary dollars to pay for such items, as well as maintenance needs like repairing leaky roofs.
House and Senate criminal justice negotiators also agreed to spend $10 million — including $2.7 million to refurbish the Union Correctional Institution infirmary — on capital projects, about $5 million short of what Jones had suggested.
Jones’ predecessor, Mike Crews, left the embattled agency late last year in apparent frustration over being unable to fill staffing gaps and provide salary increases. Crews scrimped by having inmates make their own soap and sew their own bed linens in an effort to bring down costs after lawmakers repeatedly slashed spending on prisons.
The proposed prisons spending plan also includes $1.3 million for computer software upgrades. Jones testified earlier this year that more than 9,000 corrections officers do not have access to email. The current plan would ensure that all corrections employees have email accounts.
The proposal also addresses an aging vehicle fleet that has created problems for probation officers and guards transporting inmates from prisons to other locales. Lawmakers have agreed on $750,000 purchase up to 40 new vehicles for probation officers.
Another vehicle-related issue was left unresolved Wednesday, as the two chambers’ budget chiefs — Rep. Richard Corcoran, R-Land O’Lakes, and his Senate counterpart, Tom Lee, R-Brandon — took over negotiations. The House wants to spend $1.7 million in recurring money, or funds that would be replenished every year, to replace decrepit prison buses, which have an average of 200,000 miles, according to corrections staff.
Also left up to the budget chairmen is a Senate proposal to spend $500,000 on a contract with an independent agency to conduct a security analysis of the prison system, something the agency is already doing as part of a separate contract currently underway.
The department paid $88,000 to the Association of State Correctional Administrators to conduct an audit that includes a review of prison security operations. The security audit will assess video surveillance, inmate movements, disciplinary and grievance procedures and staff and inmate supervision. The audit will also evaluate the “culture,” staffing levels and use of force at individual prisons as well as system-wide.
by Dara Kam, The News Service of Florida
NorthEscambia.com file photo.