Florida Gov’t Weekly Roundup: Opportunity Knocks
February 14, 2015
Politics and governing can provide opportunities — some that are seized and some that are not. Much of the news this week seemed to fall somewhere on that spectrum.
Former Gov. Jeb Bush tried to turn his governing into a political opportunity, returning to the city where he served as governor for eight years to promote his brand of education reform as he eyes a bid for the White House in 2016. That came the day after a judge heard arguments about whether a coalition of education groups should have the opportunity to try to get one of Bush’s hallmark policies struck down.
Meanwhile, opportunities for help with stadium projects took a possible hit from House Speaker Steve Crisafulli, R-Merritt Island, while those for a more widespread form of medical marijuana being allowed in Florida weren’t quite as high after comments from a key senator.
More tragically, it turned out there were opportunities for workers in the state’s child-welfare system to potentially prevent the death of a 5-year-old girl.
Some opportunities, when missed, end up being costlier than others.
THE RE-EDUCATION OF JEB BUSH
If there’s one policy issue that could serve as Bush’s biggest asset and liability in his run for the presidency, it’s his background as an education reformer while in the governor’s office. Some of the former governor’s initiatives could play well with the conservative base, including a de facto voucher system and an emphasis on accountability for public schools.
But Bush’s support of the Common Core standards has contributed to a backlash against him, so much so that the words “Common Core” didn’t cross his lips at an education summit Tuesday in Tallahassee and didn’t come up at a meeting with current Gov. Rick Scott.
“The standards are still high, which is really the thing that most matters,” Bush told reporters before leaving the summit.
Democrats were already trying to chip away at Bush’s image on education. In a statement, Florida Democratic Party Chairwoman Allison Tant slammed the summit as “nothing more than a cheerleading session with right wing politicians and wealthy special interests looking to turn a profit on our children’s education.”
Bush got in some of his own licks against old foes. He blasted a legal challenge, led by the Florida Education Association teachers union, to the Florida Tax Credit Scholarship Program, which provides tax credits to companies that donate money to nonprofit entities that pay for children to go to private schools. Bush said public schools have improved since the voucher-like system was approved.
“If the data matter, then they wouldn’t be suing. … I don’t get the argument on the other side, except for the fact that this is about the economic interests of the adults,” he said.
That came a day after Leon County Circuit Judge George Reynolds III listened to lawyers from the state argue that the teachers union and others behind the challenge to the program don’t have the required legal standing to sue.
Reynolds didn’t seem sympathetic to the argument from those opposed to the scholarships that the program siphons state tax revenues that would otherwise be used to increase funding for public schools. The counterpoint is that the dollars might be spent on other things.
“I agree that the nexus here is troublesome,” Reynolds said near the end of the hearing. “And that’s their problem, and that’s going to be their burden on this speculation that schools would do better if this program didn’t exist. You could do away with this program tomorrow morning, and the budget for the school system might change not one iota.”
Supporters of the lawsuit urged Reynolds to consider the fact that education funding is handed out to school districts based on the number of students that attend their schools.
“It’s because the state has set up a program that results in students leaving the public schools with these vouchers to go to private schools, and as a direct result of the students leaving the public schools, automatically, necessarily, under the Florida Education Finance Program funding formula, the funding for these public schools necessarily goes down,” said attorney John West.
OF SMOKING AND STADIUMS
There might be a lot of time left in the legislative game at the state Capitol — in some ways, the clock hasn’t even started — but things are already looking questionable for four sports projects seeking a bundle of sales-tax dollars. A new process was set up last year to try to bring order to the frenetic lobbying efforts to get funding for stadiums, but it’s been ensnared in debates about project rankings.
Crisafulli floated an idea for resolving the issue: Simply don’t approve any projects.
“It’s possible. I mean it’s very possible, but I can’t tell you for sure,” the Merritt Island Republican said during an interview Wednesday with The News Service of Florida.
The Legislature’s Office of Economic and Demographic Research issued a ranking of stadium projects, with an Orlando soccer stadium at the top of the list. That was followed by a proposal for EverBank Field in Jacksonville, Sun Life Stadium in Miami-Dade County and Daytona International Speedway. Speedway officials were quick to note they would voice their objections to lawmakers about landing in the fourth position.
But Senate President Andy Gardiner, an Orlando Republican who defended the top ranking for the soccer stadium, said Thursday he wants the members of the Joint Legislative Budget Commission to “have an up-or-down discussion on those projects.”
The issue should come to a head next week, when the commission, comprised of members of the House and Senate, meets to discuss several issues — including the sports projects.
Up-or-down votes could be more elusive for proposals by two Republican lawmakers to legalize medical marijuana. That legislation seems to have a slim chance of passing this legislative session, based on the comments of a Senate committee chairman who helps control the fate of that chamber’s measure.
The much-discussed idea once again found itself in the bloodstream of Capitol chatter after Rep. Greg Steube, R-Sarasota, filed a bill that would expand Florida’s limited medical marijuana law, approved last year but yet to be implemented.
Steube’s proposal (HB 683) would allow doctors to order medical marijuana for patients with certain conditions but would not allow the pot to be smoked, a concession to the Florida Sheriffs Association, which came out in opposition to a similar bill (SB 528) released two weeks ago by Sen. Jeff Brandes, R-St. Petersburg.
Both proposals would allow doctors to order medical marijuana for patients diagnosed with certain conditions, including cancer, HIV/AIDS, Parkinson’s disease and Crohn’s disease. But, unlike the Senate plan, Steube’s bill would not give doctors the leeway to order the pot for symptoms such as chronic pain or nausea.
Brandes’ proposal is slated to be considered first by the Senate Regulated Industries Committee. But Chairman Rob Bradley, who sponsored the limited marijuana measure (SB 1030) last year, looks to be playing the role of buzzkill.
“I’m of the school of thought that we need to allow this issue to naturally unfold by making sure that we crawl before we walk and walk before we run,” Bradley, R-Fleming Island, told The News Service of Florida on Tuesday. “I want to see 1030 (last year’s measure) get implemented. And then let’s see what works and what doesn’t with regard to the bill that we’ve already passed.”
OPPORTUNITY COST
What appears clear now is that state authorities had chances to help 5-year-old Phoebe Jonchuck’s family, or at least intervene in the final days of her life — and didn’t do enough, according to a report released Monday by the Department of Children and Families.
In particular, the state abuse hotline did not act on two final calls on Dec. 29 and Jan. 7 — the last one coming less than a day before John Jonchuck was accused of dropping his daughter from a bridge into Tampa Bay.
Nor was the family referred for intervention services in 2013, when the hotline accepted a call about an earlier threat to Phoebe.
The report was the work of the Critical Incident Rapid Response Team, which Department of Children and Families Secretary Mike Carroll sent to Tampa to investigate after the girl drowned Jan. 8.
As has been widely reported, the Jan. 7 call was made by John Jonchuck’s lawyer, who warned that Jonchuck was “driving all over town in his pajamas with Phoebe” and “seems depressed and delusional.” It was not investigated — and according to the report, “the counselor did not consult with a supervisor.”
Following the girl’s death, Carroll changed a hotline protocol to require an immediate response when a case involves a potential mental-health crisis.
The new report also revealed that on Dec. 29, a call “alleged past harm to Phoebe and current concerns regarding her living arrangements.” In addition, on Jan. 8, the Hillsborough County Sheriff’s Office had an open child-welfare investigation related to the girl’s mother, Michelle Kerr, and allegations of family violence, inadequate supervision and substance abuse, the report said.
The Dec. 29 call wasn’t investigated. The hotline counselor who took that call “informed the caller that the report was being investigated, but then terminated the call before verifying the address that had been given for Mr. Jonchuck.”
Additionally, the report found that in 2013, the hotline accepted a call about the Jonchucks, warning that “family violence threatens (the) child” — but that the Hillsborough Sheriff’s Office, which conducted the investigation, did not refer the family for services that could have reduced the risk to Phoebe.
“The investigation initiated on June 7, 2013 should have resulted in a referral for services,” the report found. “The belief that the separation of the parents had remediated the primary safety threats for the family significantly impacted the direction of the investigation, while insufficient examination or interpretation of family functioning or lack of follow-up contributed to the investigation being closed without services in place.”
Meanwhile, experts say a history of stalking, battery and domestic-violence arrests involving John Jonchuck should have disqualified him as Phoebe’s custodial parent. The report showed that John Jonchuck’s background includes a number of arrests for domestic violence, battery and stalking — in incidents involving Phoebe’s mother, his own mother and two other women. The report also pointed to allegations against Phoebe’s mother.
“They never should have given the dad custody of this child,” said Linda Osmundson, executive director of Community Action Stops Abuse (CASA), a battered-women’s shelter in St. Petersburg. “It was a preventable death.”
STORY OF THE WEEK: Former Gov. Jeb Bush returned to Tallahassee for a pair of events amid increasing speculation that he would run for president. Bush also held a fundraiser in New York City and released the first chapter of a book chronicling his time as governor through emails he sent and received while in office.
QUOTE OF THE WEEK: “It’s not even full season yet, and the roads are crowded. We can’t get in restaurants in our towns. Do we have a point of diminishing returns? If we have 93 million (annual visitors) now, I’m hesitant to want 100 million today.”—Sen. Nancy Detert, R-Venice, during a discussion of tourism funding.
by Brandon Larrabee, The News Service of Florida
Sunny Sunday, Then Increasing Clouds
February 14, 2015
Here is your official North Escambia area forecast:
- Tonight Mostly clear, with a low around 36. Southwest wind 5 to 10 mph becoming north after midnight.
- Sunday Sunny, with a high near 52. North wind 10 to 15 mph.
- Sunday Night A 20 percent chance of rain after midnight. Mostly cloudy, with a low around 39. East wind around 5 mph.
- Washington’s Birthday Showers. High near 61. South wind 5 to 10 mph. Chance of precipitation is 80
- Monday Night Rain. Low around 49. South wind 5 to 10 mph becoming northwest after midnight. Chance of precipitation is 80%.
- Tuesday Rain likely. Cloudy, with a high near 53. North wind 5 to 10 mph. Chance of precipitation is 60%.
- Tuesday Night Mostly cloudy, with a low around 30. Northwest wind around 10 mph
- Wednesday Sunny, with a high near 48. Northwest wind around 10 mph.
- Wednesday Night Mostly clear, with a low around 28.
- Thursday Mostly sunny, with a high near 54.
- Thursday Night Partly cloudy, with a low around 32.
- Friday Mostly sunny, with a high near 60.
Pictured: Friday’s sunset as seem from Bratt. NorthEscambia.com, click to enlarge.
Florida Lawmakers To Once Again Consider Alimony Overhaul
February 14, 2015
A “child support-esque” formula could determine the amount of alimony divorcing spouses would receive under a radical overhaul of the state’s alimony laws now in the works.
In contrast to hotly contested legislation that prompted an outcry from the National Organization for Women and pitted alimony-reform advocates against divorce lawyers two years ago — and ultimately resulted in a veto by Gov. Rick Scott — the new plan floated by House Rules Chairman Ritch Workman so far has the blessing of people on both sides of the issue.
Under Workman’s proposal, judges would rely on guidelines that include the length of marriage and the incomes of both spouses to determine how much alimony divorcing spouses should receive. Judges could also go outside the guidelines in extreme cases.
But scrapped from the bill, still being drafted, is a provision that would have allowed the alimony changes to be applied retroactively, which Scott cited when he red-lined the 2013 plan. Under the revised proposal, modifications to alimony payments would be considered under the new framework.
Workman, who described the proposed formula as “child support-esque,” would not reveal the specific guidelines because, he said, he was still putting the finishing touches on the measure, which will be sponsored by freshman Rep. Colleen Burton, R-Lakeland, and Sen. Kelli Stargel, R-Lakeland.
“I’ve been working for a year and a half with the sides that hate each other,” Workman, R-Melbourne, told The News Service of Florida this week. “I tried very hard to close the holes on both sides. I don’t like anybody using alimony as a weapon.”
The measure would essentially do away with permanent alimony, another sticking point in the proposal that earned overwhelming support from both legislative chambers in 2013, but would also give judges the ability to use discretion in certain cases.
Workman’s previous attempt also carried numerous other potential implications for people whose marriages end in divorce, including a formula that based the amount of alimony on the length of time of the marriage.
“This bill, for the first time in Florida history, creates a formula for alimony,” Workman, R-Melbourne, said. “The last time I did this, it was limiting. … This one says, after a divorce, here’s the ratio for your alimony. In some cases, people will get more alimony than in the past. But what it does for everybody is it gives a start and an end date to alimony.”
In interviews with The News Service of Florida this week, a representative of the Florida Bar Family Law Section, which lobbied fiercely against the measure two years ago, and Alan Frisher, the head of Floridians for Alimony Reform, both said they support the plan.
“The thinking behind this is a guideline with built-in discretion so that the judge can, within a range, fashion an award that is fair for the family but still provide some degree of certainty of what the outcome will be to help lawyers and litigants settle cases more effectively and efficiently,” said West Palm Beach lawyer Tom Sasser, who was instrumental in a 2010 rewrite of Florida’s alimony laws and worked closely with Workman on the latest effort.
Sasser, a former chairman of The Florida Bar Family Law Section, called the proposal “a complete re-thinking of the way we do alimony” that strikes a balance between those who receive alimony and those who pay it.
“It’s designed in concept to allow a judge with specific written findings to deviate outside the findings, just like the child-support statute is, so that you can account for those anomalies. But on the other hand it isn’t meant to tilt the balance in favor of people who receive alimony and to make sure that they get it more often or in greater amounts,” he said.
The overhaul is drawn from “best practices” in alimony law from other states but is unique, said Sasser, chairman of the National Alimony Study Committee of the American Academy of Matrimonial Lawyers.
“I am thrilled beyond belief. It’s wonderful. If it comes out the way we’ve been negotiating and collaborating, it can be the most progressive alimony reform bill in the nation and certainly significant to alleviate the entitlement attitude that we see so customarily in our society,” Frisher said.
Expected to be filed next week, the proposal would also crack down on alimony recipients who lie about living with someone else.
Current law already allows alimony to be reduced or eliminated when a recipient is living in a supportive relationship, something Workman said is difficult to prove. Under the proposed changes, someone who is caught lying about cohabitation would have to return the amount of alimony they received since being accused of being in a supportive relationship and also pay attorneys’ fees.
“There’s been a game for decades in this state that, just deny it, you’ll still get alimony while it goes through the courts. Delay the proceedings as long as you can and then walk from it in the end. Well, that’s ill-begotten gains,” he said. “This way, there’s no real gain in trying to game the system. And if you’re going to sue, you better be right, or you’re going to pay for it.”
Workman’s plan would also bar alimony recipients from receiving increases if their former spouses get raises.
“If I am paying you alimony and I’m paying you for 30 years and, 15 years from now, I get a huge promotion. My lifestyle has just changed. Why should yours?” he said.
And the new draft also would require that alimony payments be reduced when the payer reaches age 62, something important to Frisher and others who argued that permanent alimony forces those aging payers to work longer to keep writing checks to their former spouses.
“There will be more certainty and predictability in the process of divorce, knowing what essentially the ranges are that you would have to pay and the length of time that you would have to pay,” Frisher said. “I think what this new law will do is literally open up the door to allowing for more mediated divorces and collaborative divorces in our state and will end up with much less litigation over time.”
Even with support from both sides, the acrimony spawned by the previous bill could make passage this year “a heavy lift,” Workman conceded.
“I believe this bill should not be controversial. I think that if this was the first time I filed it, it would have a three-minute committee stop. But because it was vetoed, even with a House and Senate supermajority, because NOW got so upset, because of how loud things were, the fact that you’re here today is evidence that there’s still an interest in the drama that once was,” he said during an interview. “We’ve taken a fresh approach to it and tried very hard to do away with all of the preconceptions and the notions that we had before.”
Scott “wants me to bring it to him,” Workman said.
“He encouraged me to work with both sides to bring less drama to the issue, although I do believe I can speak for him and say that he knows that this is a section of law that has not been redone in decades and things have changed in decades,” he said.
by Dara Kam, The News Service of Florida
No Injuries In Highway 29 Crash
February 13, 2015
There were no injuries in a two-car, rear-end type accident on Highway 29 north of Highway 95A in Cantonment Friday afternoon. NorthEscambia.com photos by Kristi Price, click to enlarge.
Horse Abandoned With No Food, Water Seized By Animal Control, Rescue Group
February 13, 2015
An abandoned horse was rescued in Molino by Escambia County Animal Control and Panhandle Equine Rescue.
The mustang “was abandoned at a vacant property with no food or water, so authorities had to step in and remove him,” said Diane Lowery, PER president. He was evaluated by a local veterinarian after being transported PER’s facility in Cantonment.
“He will have to be fed small amounts of grain for several days, but should fully recover,” Lowery said of the horse that has been named “Smarty”.
The only horse rescue in Escambia County, Panhandle Equine Rescue was founded by a small group of concerned citizens with a mission to rescue, rehabilitate and provide adoption services for abused, neglected and abandoned equines. PER is authorized by the court system to investigate equine cruelty in Escambia County.
For more information on Panhandle Equine Rescue and how to donate to the organization visit www.panhandleequinerescue.org. The group is specifically seeking donation’s to help with Smarty’s care.
Pictured: A rescued Mustang named “Smarty” exhibited visible signs of hunger. Photos for NorthEscambia.com, click to enlarge.
Escambia Man Facing Life Sentence For Robbery
February 13, 2015
An Escambia County man is facing possible life sentence for robbing a cab driver. Lucas Jenkins was found guilty by an Escambia County jury of robbery with a firearm.
On April 17, 2014, Jenkins and his three co-defendants called for a cab. Once the cab arrived, they directed the cab driver to take them to an unoccupied trailer and then robbed the cab driver at gun point. The cab driver’s money, GPS, in car camera and cell phone were all stolen. The four suspects were later apprehended at an apartment building and at that time all of the stolen items were recovered. The gun was also found by the police at that location.
Sentencing on this conviction will be scheduled at a later date before Circuit Judge Linda Nobles. Jenkins faces a maximum sentence of life in prison.
The charges against Jerry Dwayne Moorer, Jr., one of the other co-defendant’s, are still pending.
At the time of his arrest for this case, Lucas Jenkins was on felony probation for robbery armed with a firearm, aggravated assault by threat and aggravated battery with a deadly weapon. After his arrest for the cab driver robbery, Jenkins was found guilty of violating his probation and was sentenced on October 27, 2014 to 15 years in state prison for his violation of probation.
Escambia County Sheriff’s Office Awards Bravery, Dedication
February 13, 2015
The Escambia County Sheriff’s Office held its annual award ceremony Thursday during which several deputies will receive the Medal of Courage for rescues during the flooding and jail explosion last April.
Escambia County Jail employee Kelley Bradford was recognized with the Civilian Gold Medal of Honor, and Chris Hankinson was honored with the law enforcement Purple Heart. Hankinson was paralyzed as a result of the natural gas explosion, while Bradford is credited for saving his life.
“An explosion at the Escambia County Jail left Kelley fearing for her life, yet she was more concerned about the life of another. Seconds after the explosion, Kelley called out for her co-worker, but heard no response. When she finally found Detention Deputy Christopher Hankinson, he was unable to move and lying in debris-filled water that was beginning to fill a confined area. Kelley entered the water, grabbed his head and struggled to keep it above the water as she waited for help,” Sheriff David Morgan said. “Anxious seconds turned into minutes and minutes turned into nearly an hour. She fought to ensure his survival even as her strength nearly gave out. She was determined to do whatever it took to save his life. Forty-five minutes later ,firefighters arrived and pulled the two to safety.”
“This was just the beginning of some challenging days for Detention Deputy Chris Hankinson, whose life was changed forever. He received paralyzing injuries and had to leave his job at the jail to undergo therapy,” Morgan addded
Also Thursday, other awards were presented as promotions recognized as follows:
Awards
NCIS Special Agent Richard Campbell received the Civilian Service Medal and Deputy John Rose received a Life Saving Medal for using an AED and CPR to save the life of a heart attack victim who was able to fully recover.
Senior Deputy Terry Hammock received the Life Saving Medal for rescuing a child that trapped under a heavy box at an apartment on Nine Mile Road on July 12, 2014. Hammock starting lifesaving techniques on the child, who was blue in the face an not breathing. He begin CPR, and EMS was able to revive the child.
Kimberly Lawson was named Law Enforcement Employee of the Year for her efforts during her nine year employment.
Deputy Richard Durant was awarded the Medal of Courage and Deputy 1st Class Jason Donnelly was named Law Enforcement Officer of the Year. Durant and Donnelly rescuing two people trapped in rising floodwaters at a bridge on Lillian Highway.
Medals of Courage were awarded to a group of deputies for saving many lives following April’s historic flooding and for entering the Escambia County Jail to perform rescues shortly after an explosion tore through the facility. Medal of Courage recipients were: Sgt. Patrick Frazier Jr., Sgt. Curtis Cephas, Deputy Ken Holyfield, Lt. Mindy Von Ansbach Young, Deputy Michael Williams, Deputy Casey Whitlock, Lt. Lisa Dixon, Deputy Bryan Barton, Deputy Richard Durant, Deputy Jeremiah Meeks, and Deputy Mildred Smallwood.
Promotions
- From Lt. to 1st Lt. Roderick Custer, Jr.
- From Senior Deputy to Sgt. Larry Crossley II
- From Senior Deputy to Sgt. Jeffrey Swanson
- From Senior Deputy to Sgt. Johnathan Mashburn
- From Deputy 1st Class to Sgt. Delarian Wiggins
Longevity Awards
20 years
- Debra Berry-Girdner
- Lt. Darrell Allday
- Lt. Richard Baily
- Sgt. Phillip Nix
- Master Deputy Terry Brunson
- 1st Lt. Mark Jackson
25 years
- Kenneth Simmons
- Lafe (Layfe) Highfill
- Debra Lattimer
- Cynthia Broughton
30 years
Lisa Caballero
Pictured top: Purple Heart recipient Detention Deputy Chris Hankinson and Civilian Medal of Honor recipient Kelley Bradford with Sheriff David Morgan. Pictured below: Some of the ECSO Medals of Courage recipients. Photos for NorthEscambia.com, click to enlarge.
Northview Opens Season With Wins Over Pensacola High
February 13, 2015
The Northview Chiefs opened their 2015 season with wins over the Pensacola High School Tigers.
The JV Chiefs beat PHS 10-1, while the varsity Chiefs defeated Pensacola 7-3 at PHS.
The Chiefs will travel to Baker on Monday before hosting Baker on Friday.
NorthEscambia.com photos by Ramona Preston, click to enlarge.
Chief Challenge Sweetheart 5K Run/Walk Is Saturday; Still Time To Register
February 13, 2015
The Northview High School Chief Challenge Sweetheart 5K Run/Walk is this Saturday morning – Valentines Day – at 9 a.m.
While open to individual runners and walkers, couples are encouraged to enter the event. There will be special awards given to the fastest couple and the cutest couple in additional to traditional overall and age category awards.
Late registration is Saturday morning at Northview from 7:30 to 8:15 a.m. . To download an entry form, click here.
For more information, email Natalie Nall nnelson@escambia.k12.fl.us.
The Chief Challenge 5K is sponsored in part by NorthEscambia.com.
Pictured: A previous Chief Challenge 5K. NorthEscambia.com file photo, click to enlarge.
Powder Puff Football Game Tonight
February 13, 2015
A Powder Puff football game will be held tonight at Northview High School’s Tommy Weaver Memorial Stadium.
The event begins at 5:00. Admission is $2 per person, and the concession stand will be open. Proceeds will benefit a planned NHS senior class trip.