Court Strikes Down Law On Credit Card Surcharges
November 6, 2015
Pointing to the First Amendment, a federal appeals court has struck down a Florida law that bars businesses from imposing a “surcharge” on customers who pay with credit cards.
The 11th U.S. Circuit Court of Appeals, in a 2-1 decision Wednesday, sided with four small businesses that faced potential prosecution for telling customers they would face additional costs for using credit cards.
A key part of the ruling focused on part of Florida law that allows businesses to offer discounts to customers who pay with cash — but bars surcharges for credit-card transactions. Judge Gerald Tjoflat wrote that the First Amendment “prevents staking citizens’ liberty on such distinctions in search of a difference.”
“Tautologically speaking, surcharges and discounts are nothing more than two sides of the same coin; a surcharge is simply a ‘negative’ discount, and a discount is a ‘negative’ surcharge,” Tjoflat wrote in the 30-page ruling, joined by Judge David Bryan Sentelle. “As a result, a merchant who offers the same product at two prices — a lower price for customers paying cash and a higher price for those using credit cards — is allowed to offer a discount for cash while a simple slip of the tongue calling the same price difference a surcharge runs the risk of being fined and imprisoned.”
But Chief Judge Ed Carnes wrote a stinging dissent, contending that a state law was “being struck down by a federal court for no good reason.”
Carnes described a scenario in which a store could put a $100 sticker price on an item and surprise a customer at the cash register by charging $103 because of a credit-card surcharge.
“It does not matter whether the store characterizes the difference in price as a credit card surcharge, a cash discount, or both,” Carnes wrote. “The merchant can speak in any way he chooses so long as he does not ambush the credit-card-using customer with a higher price at the register. What matters is when, from the customer’s perspective, the merchant adds the additional amount to the price because a credit card is used, not how the merchant describes it.”
The majority overturned a ruling by a federal district judge, who last year agreed with arguments made by Attorney General Pam Bondi’s office and dismissed the case.
The lawsuit was filed in 2014 by four businesses that had received “cease-and-desist” letters from the state related to alleged violations of the credit-card surcharge law, according to the appeals-court ruling. The businesses were Dana’s Railroad Supply in Spring Hill, TM Jewelry LLC in Key West, Tallahassee Discount Furniture in Tallahassee and Cook’s Sportland in Venice.
The credit-card surcharge law says violators can face second-degree misdemeanor charges.
“Based on the belief that it is more effective, transparent, and accurate to do so, all four of the businesses wish to call the price difference a credit-card surcharge rather than a cash discount,” Tjoflat wrote.
In the dissent, Carnes said government can regulate “economic conduct” without violating constitutional free-speech rights. He wrote that “a surcharge openly posted on the store shelf is permissible, while one that comes up for the first time when the customer is paying for her purchase is not. Prescribing when a business can add an additional amount to its price controls the timing of conduct and not the speech describing that conduct. The Supreme Court has long held that the government can regulate economic conduct — including the prices charged by merchants — without violating the First Amendment.”
by Jim Saunders, The News Service of Florida
Tate Names Students Of The Month
November 6, 2015
Tate High School has named October students of the month. They are Ian Ruiz and Madison Nelson, pictured with Principal Rick Shackle. Courtesy photo for NorthEscambia.com, click to enlarge.
Escambia Man Charged With Sex Assault, Kidnapping
November 6, 2015
An Escambia County man has been arrested for kidnapping and sexual assault.
Tristan Maurice Richey, 29, was charged for the October 23 incident. At about 4 p.m. on that date, deputies responded to Baptist Hospital in reference to a sexual battery that had just occurred. The victim told deputies that she was getting into her vehicle when the suspect, that she personally knew as Richey, pointed a gun at her and demanded that she get into her vehicle.
Richey then drove the victim to a house located on Flaxman Street and sexually battered her.
Richey is charged with aggravated assault, kidnapping, possession of a weapon by a convicted felon and sexual assault. He was arrested Thursday and booked into the Escambia County Jail with bond set at $1.4 million.
State Library Association Honors Ingram For Support
November 6, 2015
The Florida Library Association recently presented Rep. Clay Ingram with a 2015 Library Advocacy Award in recognition of his support of Florida’s libraries.
Through the annual advocacy award, the Association thanks legislators and state leaders who took action to support libraries and library funding during the previous Florida legislative session. The group encourages local library supporters to recognize the hard work done by their leaders in maintaining state funding for public libraries. State aid to public libraries grant funding is a priority issue for Florida libraries and the communities they serve, especially in the state’s more rural areas.
“Florida’s libraries and the services that they provide are a tremendous resource for our state,” said Rep. Ingram. “I’m honored to be recognized by the Florida Library Association and look forward to supporting the library system in the coming legislative session.”
Pictured: Rep. Clay Ingram with a 2015 Library Advocacy Award in recognition of his support of Florida’s libraries. Submitted photo for NorthEscambia.com, click to enlarge.
Weekend Rain Will Bring A Little Change
November 6, 2015
Here is your official North Escambia area forecast:
Tonight: A 30 percent chance of showers and thunderstorms, mainly after 3am. Areas of dense fog after midnight. Otherwise, mostly cloudy, with a low around 69. South wind around 5 mph becoming calm in the evening.
Saturday: A chance of showers and thunderstorms, then rain likely after 9am. Areas of dense fog before 9am. Otherwise, mostly cloudy, with a high near 79. Calm wind becoming north around 5 mph in the afternoon. Chance of precipitation is 70%.
Saturday Night: Rain. Low around 61. North wind 5 to 10 mph. Chance of precipitation is 90%.
Sunday: A 50 percent chance of rain. Cloudy, with a high near 67. Northeast wind around 10 mph.
Sunday Night: A 40 percent chance of rain. Mostly cloudy, with a low around 57. Northeast wind 5 to 10 mph.
Monday: A 30 percent chance of rain. Mostly cloudy, with a high near 69. Northeast wind 5 to 10 mph.
Monday Night: Mostly cloudy, with a low around 55. Northeast wind around 5 mph.
Tuesday: Mostly sunny, with a high near 75. Northeast wind around 5 mph.
Tuesday Night: Partly cloudy, with a low around 58.
Veterans Day: Mostly sunny, with a high near 77.
Wednesday Night: A 20 percent chance of showers. Patchy dense fog. Otherwise, partly cloudy, with a low around 62.
Thursday: A 20 percent chance of showers. Partly sunny, with a high near 75.
Thursday Night: A 20 percent chance of showers. Partly cloudy, with a low around 55.
Friday: Mostly sunny, with a high near 71.
Driver Hits, Kills Horses On Highway 29
November 5, 2015
The driver of a semi-truck hit at least two horses early Thursday morning on Highway 29 near Cox Road, just south of Century.
The truck driver was not injured, but at least two horses were reportedly killed in the 5:30 a.m. crash.
Highway 29 southbound was shutdown for a long period of time for the cleanup and to try to catch additional horses that were on the run in the area.
The accident is under investigation by the Florida Highway Patrol. The Escambia County Sheriff’s Office and the McDavid Station of Escambia Fire Rescue also responded.
Crabtree Church Widening Canceled, Funds Moved To Muscogee Road Project
November 5, 2015
Funds that were set aside to construct paved shoulders along Crabtree Church Road in Molino are being shifted to make improvements on Muscogee Road in Cantonment.
The Florida Department of Transportation provided $1,388,244 in funding to construct the paved shoulders on Crabtree Church Road from Sunshine Hill Road to Highway 97. The lowest bid received by Escambia County for construction was $2,320,000 plus construction engineering and inspection costs of $232,000. The left a difference of $1,163,756 between the project cost to the county and the funded amount from the state.
Escambia County requested that FDOT terminate the Crabtree Church project due to lack of local funding for the difference.
Now, the Escambia County Commission is shifting the $1,388,258 in state funds to a Muscogee Road widening and drainage project. The project includes widening travel lanes on Muscogee Road, not four-laning.
The Escambia County Commission will vote on the funding shift tonight.
Highs In The 80’s Today
November 5, 2015
Here is your official North Escambia area forecast:
Thursday: Partly sunny, with a high near 84. East wind 5 to 10 mph becoming south in the afternoon.
Thursday Night: Patchy fog after midnight. Otherwise, mostly cloudy, with a low around 69. South wind around 5 mph becoming calm after midnight.
Friday: A 20 percent chance of showers and thunderstorms after 3pm. Patchy fog before 9am. Otherwise, mostly cloudy, with a high near 84. Calm wind becoming south around 5 mph in the morning.
Friday Night: A 30 percent chance of showers and thunderstorms. Mostly cloudy, with a low around 67. South wind around 5 mph becoming calm in the evening.
Saturday: A 40 percent chance of showers and thunderstorms. Mostly cloudy, with a high near 81. Calm wind becoming east around 5 mph in the afternoon.
Saturday Night: A 40 percent chance of showers. Mostly cloudy, with a low around 59. North wind around 5 mph.
Sunday: A 30 percent chance of showers. Partly sunny, with a high near 69. Northeast wind 5 to 10 mph.
Sunday Night: Mostly cloudy, with a low around 56. Northeast wind around 5 mph.
Monday: Partly sunny, with a high near 69.
Monday Night: Mostly cloudy, with a low around 54.
Tuesday: Mostly sunny, with a high near 70.
Tuesday Night: Partly cloudy, with a low around 58.
Veterans Day: Mostly sunny, with a high near 75.
Veterans Day Programs Planned For Century, Ernest Ward, Northview
November 5, 2015
Ernest Ward Middle School – Friday, November 6
Veterans are invited to attend a special assembly in honor of Veterans Day in the gymnasium at Ernest Ward Middle School on Friday, November 6 at 9:45 a.m. The program will include patriotic music and special presentations from students and staff members. The address will not be from one main speaker, but there will be personal stories from several area veterans. Refreshments will be served following the program.
Northview High School – Tuesday, November 10
Northview High School will have its annual Veteran’s Day program on Tuesday, November 10 in the school’s theater. There will be two programs with the first program starting at 9:35 am. The second program will start shortly after the completion of the first program at approximately 10:30 am.
The guest speaker will be Captain Carl Mock, United States Navy, retired. Captain Mock served 38 years before retiring in June 2005. During his 38 years of service he rose through the ranks from E-1 to O-6. His final active duty tour was as Commanding Officer, Center for Naval Aviation Technical Training, NAS Pensacola . All veterans, their families and community members are invited to attend.
Town of Century, Tuesday, November 10
Century will celebrate veterans on Tuesday, November 10 at 10 a.m with guests Rep. Mike Hill, the Byrneville Elementary School Chorus and the Combat Veterans Motorcycle Association. The event will be held in Nadine McCaw Park on North Century Boulevard.
Pictured: Last year’s Veterans Day program at Northview High School. NorthEscambia.com file photo.
FluMist Vaccinations Begin Monday At North Escambia Schools
November 5, 2015
The FluMist vaccine will soon be offered in Escambia County Schools. beginning with several in the North Escambia area. This is the second year the vaccine is being made available.
The FluMist vaccine will be available at no out of pocket expense to parents, but parents will be asked to provide insurance information to help offset the cost. But students without health coverage will still receive the vaccine at no cost.
“Last year the FluMist program was offered to the school district by Healthy Schools and over 5,000 students were vaccinated against the flu using the FlueMist product,” explained Martha Hanna, ECSD Health Services coordinator. “It is hard for us to measure the effect this had, but we are confident that it helped save some students from getting the flu, or at least helped reduce the severity of their case. We hope to see even more families sign their children up to participate this year.”
The FluMist vaccine will be administered November 9 to November 19, with Northview High, Bratt Elementary, Ernest Ward Middle, Molino Park Elementary and Jim Allen Elementary scheduled for the first round of vaccinations on November 9.
For more information or to download a permission form, visit http://escambiaschools.net/health_services or call your child’s school.