Tate High’s Hoskins Named ROTC Cadet Of The Year
February 7, 2016
Tate High School’s Alexis Hoskins had been named Northwest Florida’s Cadet of the Year and has received a full ROTC scholarship to the University of West Florida. Hoskins is pictured with Tate High Principal Rick Shackle. Submitted photos for NorthEscambia.com, click to enlarge.
Man Robs Store With Fake Gun, Gets Shot By Clerk’s Real One
February 7, 2016
The morning didn’t go too well for a man who decided to use a fake gun to rob a store and was shot in the neck by a store clerk before he fled the business.
The incident occurred around 2:25 a.m. at the Beacon Store, 1101 W. Cervantes Street. A store clerk told police he shot the suspect during the robbery. The clerk – Abed Alslaq, 20, of Pensacola – said the suspect entered the store wearing camouflage, a hat and a bandana over his face. The clerk said he told the suspect to remove the bandana but he refused. During the robbery, the suspect went behind the counter, pulled out a pistol and pointed it at the clerk, who believed it was real.
The armed robber managed to get some cash and 10 cartons of cigarettes before he fled the business. The suspect – Jarell Blackmon, 24, of the 7900 block of Beaber Road, Pensacola – was later seen in the area of E and Gadsden streets by Officer Matthew Mercado. Blackmon, who was bleeding from his neck, fled from Mercado despite being ordered to stop.
Officers set up a perimeter and Officer Patrick Kelly and his K-9 did a track. Blackmon was found hiding in the 600 block of North E Street. He was taken to a hospital for treatment of a gunshot wound that entered and exited his neck.
Blackmon was charged with armed robbery, grand theft, public order crime (wearing a mask or hood during commission of a felony), possession of a firearm by a convicted felon, and resisting without violence. Blackmon told police the firearm he used was fake.
No charges have been filed on Alslaq.
FWC: Deer Hunting Continues Through February 28
February 7, 2016
There’s still time to head to Florida woods to enjoy the cooler weather and seek deer. General gun season remains open on private lands in Zones D (including Escambia and Santa Rosa counties) through February 21. In Zone D, those who hunt with a bow, crossbow or muzzleloader get an additional week ̶ from February 22-28 ̶ to participate in a late muzzleloading gun season. This unique late season, which occurs on private land only in Zone D, was established to give hunters the chance to hunt the rut, which occurs from mid-January through February in the Florida Panhandle.
A $5 muzzleloading gun permit is required to hunt during this season. Of course, you’ll also need a hunting license, which costs residents $17 for an annual one – or you might opt to purchase the five-year license for only $79.
On wildlife management areas, this post-season is referred to as the archery/muzzleloading gun season. Hunters can use bows or muzzleloaders, but no crossbows – unless they possess a disabled crossbow permit. Hunters who choose to hunt with a bow must have the $5 archery permit, and those using a muzzleloader need the $5 muzzleloading gun permit.
Legal to take; bag limits
The most common things to hunt during this season are deer and wild hogs. Only legal bucks may be taken, even if you use a bow. South of Interstate 10 in Deer Management Unit-D1, one antler must have at least two points. North of I-10 in DMU-D2, all bucks must have at least three points on a side or have a main beam of at least 10 inches long to be legal to take.
And if you’re hunting deer, make sure you have the $5 deer permit. On private land, the daily bag limit is two. Season dates, bag limits and antler regulations for deer on WMAs can differ, so consult the wildlife management area brochure at MyFWC.com/Hunting before heading out.
On private lands, wild hogs can be taken year-round with no bag or size limits. On most WMAs, there’s also no bag or size limits, and hogs are legal to take during most hunting seasons except spring turkey. On selected WMAs, specific bag and size limits do apply, so again, please check the area’s brochure to make sure.
Hunting regulations
During this season, dogs may not be used to hunt deer. However, you may use a leashed one to track a wounded deer if necessary. And it’s important to note that no turkeys may be taken during this season.
Bows and crossbows must have minimum draw weights of 35 pounds. Hand-held releases on bows are permitted. Broadheads used in taking deer must have at least two sharpened edges with a minimum width of 7/8 inch.
During this late season, the only muzzleloaders allowed are those fired by wheel lock, flintlock, percussion cap or centerfire primer (including 209 primers). Muzzleloaders that can be loaded from the breech are not legal during this time. For hunting deer, muzzleloading rifles must be at least .40-caliber, and muzzleloading shotguns must be 20-gauge or larger.
Legal shooting hours are between a half-hour before sunrise and a half-hour after sunset. You’re allowed to take deer and hogs over feeding stations on private land, but it is illegal to use such feed on WMAs.
Public hunting opportunity
In Zone D, 12 of the WMAs have a February archery/muzzleloading gun season, and if you plan to hunt any of ’em, you must have the $26 management area permit. Those areas are Apalachicola, Apalachicola River, Beaverdam Creek, Blackwater, Chipola River, Choctawhatchee River, Econfina Creek, Escambia River, Perdido River, Point Washington, Tate’s Hell and Yellow River.
You can get all of the licenses and permits you’ll need at any retail outlet that sells hunting and fishing supplies, by calling 888-HUNT-FLORIDA or by going online at GoOutdoorsFlorida.com.
Submitted by FWC.
Suspect Used Girlfriend As Shield From Gunfire; Piggly Wiggly Robbery Unclear
February 6, 2016
Law enforcement officials in several states are still piecing together the story of a Missouri couple that was dubbed by the national media and federal authorities as a modern-day Bonnie and Clyde. But one piece of the puzzle that has not fallen into place just yet is the Wednesday robbery of the Piggly Wiggly grocery store on Highway 97 in Davisville, just yards south of the Alabama/Florida state line on Highway 97.
The end of their story is very clear – Brittany Nicole Harper is recovering from gunshot wounds to the legs and ankles. Blake Fitzgerald was pronounced deceased in the backyard of a Santa Rosa County home early Friday morning. In his final moments, he used his girlfriend and crime partner Harper as a human shield from the hail of gunfire that claimed his life, as confirmed by Escambia County Sheriff David Morgan. Six of his deputies are on administrative leave following the shooting, which is standard procedure. Escambia County deputies were the only ones that fired after a chase ended in Santa Rosa County.
Harper (pictured left) was booked into the Escambia County Jail’s medical unit late Friday night where she was being held on a $1.16 million bond.
Many of the couple’s alleged crimes in Alabama, Georgia and Florida are also very clear. They allegedly kidnapped a hotel clerk in Tuscaloosa, stole his car, drove to Vestavia Hills, AL, released the hostage, and abandoned the stolen car. Law enforcement believes Fitzgerald then entered a residence while the family was present, displayed a handgun and stole the family’s Ford Edge in Vestavia Hills, forcing the wife to go with him in the stolen vehicle against her will. The woman was later released unharmed by the couple outside of an emergency room.
On Monday, the Joplin, MO, couple is believed to have robbed a convenience store in Perry, GA, also kidnapping and later releasing a clerk from the store.
The Okaloosa County Sheriff’s Office confirmed that Fitzgerald was their suspect in Wednesday’s armed robbery of the Alvin Island’s store in Destin. The business at 1000 U.S. Highway 98 was robbed at gunpoint shortly after noon. The man was accompanied by a white female who left the store just prior to the holdup.
And it appears they were responsible for the robbery of Famous Footwear store on Davis Highway in Pensacola Thursday night that set into a motion an hours-long cat and mouse game and a couple of high speed chases.
But as far as the Piggly Wiggly goes, State Attorney Bill Eddins is moving cautiously forward. Unless federal charges are brought against Harper, Eddins is the man in charge of her prosecution. Harper, he said, won’t be extradited to other states “until we are done with her” in Northwest Florida, Eddins said.
“There is the possibility of a matter involving the Piggly Wiggly in North Escambia County, although those matters remain under investigation and it will be necessary to gather additional information. We have some conflicting evidence as it relates to the matter in North Escambia,” Eddins said during a press conference Friday morning at the Escambia County Sheriff’s Office.
When asked to elaborate, Eddins answered with a single word – “No”.
However, he said warrants had been issued for Harper for home invasion robbery, false imprisonment and grand theft auto — crimes with solid evidence related to Thursday night’s actions by the couple in which they held a couple hostage and stole their truck during Pensacola manhunt, before leading deputies on a final high speed chase to their ultimate demise in Santa Rosa County. Those warrants will carry such a high bond, he said, that Harper will remain in jail.
“We are going to be very particular and very methodical in investigating the other incidents — the Alvin’s Island, the Famous Footwear, and particularly the Piggly Wiggly in the north end, because we have got conflicting information about the Piggly Wiggly matter and we have got to be very careful that we only charge crimes that we know that we can prove,” he said.
Piggly Wiggly employees said a white male walked into the store about 4:40 p.m. Wednesday, pulled back his shirt to show a gun and escaped with an undisclosed amount of cash. He was described as a white male with a thin build and a shaved haircut. He was wearing a black American Eagle sweatshirt, blue jeans and a black hat. He reportedly fled in a black Ford F-150 pickup truck with a busted-out window driven by a white female in a hoodie. They were chased briefly by a store employee north on Highway 97 across the state line into Atmore. There were no injuries reported.
Piggly Wiggly employees identified Fitzgerald from photographs shown to them on a law enforcement bulletin about the couple.
After the press conference, Eddins told NorthEscambia.com that the conflicting information about the Piggly Wiggly robbery involves those witness descriptions of the holdup. One discrepancy, he said, was that physical description of Fitzgerald provided by the Piggly Wiggly employees. Multiple employees described the Piggly Wiggly bandit as being thin; however, Eddins said Fitzgerald was anything but thin.
U.S. Marshals, in a press release Thursday afternoon, did state that Fitzgerald and Harper were responsible for the Piggly Wiggly robbery. Their reasoning for that conclusion is unknown, but no warrants related to the North Escambia robbery have been issued.
For an earlier story and more information, click here.
Pictured top: State Attorney Bill Eddins addresses the Wednesday robbery of the Piggly Wiggly in Davisville during a press conference Friday morning with Escambia County Sheriff David Morgan. Pictured top inset: Morgan describes the events that have transpired involving Blake Fitzgerald and Brittany Nicole Harper. Pictured bottom inset: The Piggly Wiggly robbery. Pictured below: The home were a chase involving the Missouri couple came to an end on Saragon Lane off Garcon Point Road in Santa Rosa County. NorthEscambia.com photos, click to enlarge.
Sunny And Cool Saturday
February 6, 2016
Here is your official North Escambia area forecast:
Saturday: Sunny, with a high near 56. North wind around 5 mph.
Saturday Night: Mostly clear, with a low around 30. North wind around 5 mph.
Sunday: Sunny, with a high near 58. North wind around 5 mph becoming west in the afternoon.
Sunday Night: Mostly clear, with a low around 36. West wind around 5 mph.
Monday: Mostly sunny, with a high near 55. West wind 5 to 15 mph, with gusts as high as 20 mph.
Monday Night: Mostly clear, with a low around 29. Northwest wind around 10 mph.
Tuesday: Sunny, with a high near 46. Northwest wind 10 to 15 mph, with gusts as high as 20 mph.
Tuesday Night: Mostly clear, with a low around 29. West wind 5 to 10 mph.
Wednesday: Sunny, with a high near 55.
Wednesday Night: Clear, with a low around 36.
Thursday: Sunny, with a high near 60.
Thursday Night: Mostly clear, with a low around 41.
Friday: Sunny, with a high near 65.
A Very Special Mardi Gras Parade (With Photo Gallery)
February 6, 2016
A very special Mardi Gras parade was held Friday morning for the special needs students of Escambia Westgate School.
With plenty of beads, Moon Pies, stuffed animals and smiles, the parade rolled through the school parking lot for students that might not otherwise be able to attend a regular Mardi Gras parade.
Courtesy Photos for NorthEscambia.com, click to enlarge.
FWC Law Enforcement Report
February 6, 2016
The Florida FWC Division of Law Enforcement reported the following activity during the weekly period ending February 4 in Escambia and Santa Rosa counties.
ESCAMBIA COUNTY
Officer Cushing was conducting fisheries inspections at the Bayou Texar Boat Ramp when he encountered some individuals pulling their vessel out of the water. When asked how their day was, they stated that they had a good day and had caught an assortment of fish. Officer Cushing boarded the vessel and just prior to opening the cooler, the owner stated that they had three greater amberjack. When asked what the size limit was on greater amberjack, the owner responded 34 inches to the fork. Two of the greater amberjack measured under 34 inches and the owner of the boat was issued a notice to appear for possession of undersized greater amberjack.
SANTA ROSA COUNTY
Officer Hutchinson was working an area where he received complaints of illegal night hunting activity. While working the area late at night, he observed a truck slow down while approaching a field. He observed a spotlight being shined from the cab of the truck into the field and then into a group of trees. He conducted a traffic stop on the vehicle and made contact with the driver. The driver said that he was looking for deer and admitted to having a rifle in the truck. Officer Hutchinson observed a loaded hunting rifle lying in the driver seat between the driver and the center console. He continued his search of the vehicle and discovered an ice chest on the back of the truck with deer meat in it. When questioned about the deer meat, the man informed Officer Hutchinson that it was from a cow horn buck that he shot a few days ago. Officer Hutchinson followed him to his residence where he determined that the man had shot an illegal antlered deer. The man was charged with night hunting, taking an illegal antlered buck, and driving with a suspended license.
Officer Hutchinson received information that a man had possibly shot an illegal deer the previous day. He located the man, and after being questioned, the man admitted to shooting a deer the day before and that the deer was not a legal sized antlered deer. After measuring the antlers, Officer Hutchinson confirmed that the antlers did not meet the minimum required length. The man was charged with taking an illegal antlered buck and hunting without a valid hunting license.
Officer Hutchinson received information that a man had an illegal deer carcass hanging inside of his barn. Officer Hutchinson located the subject at his residence and questioned him about the deer. The subject said that his younger sister shot the deer, a small spike. Officer Hutchinson questioned him about the antlerless deer that he received information about the subject shooting. The subject claimed his younger sister shot it also. Officer Hutchinson measured the antlers and confirmed that the antlers length did not meet the minimum required length. After further questioning, the subject admitted to shooting both of the illegal deer. He showed Officer Hutchinson the deer meat from one of the deer which was inside an ice chest without any ice or water on it and spoiled. Officer Hutchinson also discovered that the carcass was dumped in a public park. Warrants were obtained charging the subject with taking an illegal antlered buck, taking an antlerless deer out of season, wanton and willful waste of a game animal and hunting without a valid hunting license.
Officer Land received a complaint of a vehicle parked in a closed area within the Eglin Wildlife Management Area (WMA) and the occupants of the vehicle possibly hunting. Officer Land arrived in the closed area and observed a vehicle matching the description given in the complaint. The officer observed footprints leading away from the vehicle and out through the closed area and began to track the subject. Once well out into the closed area, Officer Land encountered a subject who was bow hunting. The hunter admitted that he was aware that he was hunting in the closed area and was unable to present an Eglin Permit. This subject was issued a notice to appear for hunting in a closed area and a warning for no Eglin Permit.
This report represents some events the FWC handled over the past week; however, it does not include all actions taken by the Division of Law Enforcement. Information provided by FWC.
Ball Registration Events Today At NWE, Cantonment, Molino, Miracle League
February 6, 2016
Registration events will be held today at various ballparks in the North Escambia area:
Northwest Escambia Baseball and Softball Registration
Registration will be Saturday, February 6, from 9 a.m. until 12 p.m. Teams will be available for ages 4-18. Registration cost for ages 7 years and older is $100 for first child, $85 for second child and $75 for third child. For 5-6 year olds, (T-Ball), registration cost will be $95 for first child; $80 for second child and $70 for third child. Price includes registration fee, $30 for Jersey and hat and $25 concession stand fee. Payment options are available. Bring a copy of your child’s birth certificate to registration. For more information, contact Brad Sullivan at (850) 324-5692 or Sara Knighton at (850) 572-5000.
Cantonment Baseball and Softball Registration
Registration is underway for baseball and softball at the Cantonment Sportsplex. In-person registration dates will be Saturday, February 6 and February 13, from 9 a.m. until 1 p.m. Teams will be available for ages 3-14. The registration fee will be $85. Online registration is available at www.cantonmentbaseball.org/Register. Donations of new and gently-used equipment will be accepted on registration Saturdays. The Sportsplex is located at 681 Well Line Road in Cantonment.
Molino Ballpark Registration
Molino Ballpark registrations will be held February 6 from 10 a.m. until 1 p.m. at Don Sutton ballpark. Registration is $60 for the first child, $55 for the second and $50 for the third. Birth certification needed at registration. Ages 3-17. For more info, call Luman at (850) 698-4396 about t-ball; Karen at (850) 281-4748 about softball; or Tommy at (850) 449-7578 about baseball.
Century Little League Registration
Little League registration will be held Saturday, February 6 from 9-11:30 a.m.; Thursday, February 11 from 5-7 p.m.; Saturday, February 13 from 9-11 a.m.; and Saturday, February 20 from 9-11:30 a.m. at Showalter Park in Century. Registration fee is $50 for the first child, $45 for each additional sibling. Birth certificate needed at registration. Teams available for ages 3 and up. For more information, contact Terry Levins (251) 656-6044, Nathan Brown (850) 377-0962, Brandy Carter (850) 619-4915 or Charity Miller (850) 501-9663.
Miracle League Ball Registration
The Miracle League of Pensacola is registering new and returning players. Registration dates are February 6 from 9 a.m. until noon; February 7 from 12 p.m. until 3 p.m. and February 13, from 10 a.m. until noon.
Pictured top: Work on the softball field at the Cantonment Ballpark. Courtesy photo for NorthEscambia.com, click to enlarge.
Florida Gov’t Weekly Roundup: Hot Button Issues And Budgets
February 6, 2016
Who says lawmakers never address thorny issues in an election year?
Whether any of the proposals that ate up time and energy this week are likely to become law remains a serious question, but the House spent two long nights arguing over controversial gun legislation. And both the House and the Senate were working on gambling bills that could be tricky to get through the Legislature — “heavy lift” has become an overused way to describe the gaming initiatives.
Meanwhile, lawmakers also moved forward with the one thing they have to do every session: passing a budget for the spending year that begins July 1. It might not be the hot-button stuff of gun battles and casinos, but it’s something the Legislature has to address. Election year or not.
PISTOLS AT 20 PACES TO DECIDE A VOTE? MAYBE
An already-tense gun debate ratcheted up a notch this week when House members added another bullet to an emotionally loaded gun bill: a provision that would allow lawmakers to carry firearms during committee meetings and on the floor.
The House voted 72-43 to allow members of the Legislature — but not other citizens — to pack heat as long as they have concealed-weapons licenses.
“I think it really applies to the fact that we allow the judiciary, a co-equal branch of government, to have that privilege, and I think it should be enjoyed by duly elected officials such as ourselves,” said Rep. John Wood, a Winter Haven Republican who proposed the amendment.
The bill itself (HB 163) — which was approved Wednesday — was controversial enough because it would let anyone with a concealed-carry license openly display sidearms in most public places. That drew opposition from Democrats who argued it was a step towards turning Florida into the Wild, Wild West with flamingos.
“We don’t need to resolve every dispute we have with a bullet, we’re better than that,” said Rep. Ed Narain, D-Tampa. “We can defend our communities without giving a gun to every Rambo or John Wayne to openly carry in public.”
Supporters countered that they were just following the Second Amendment’s guarantee of the right to bear arms.
“We are for more rights for everyone,” said Rep. Matt Gaetz, R-Fort Walton Beach. “We are for more freedom for everyone. We are for more liberty for everyone.”
The House also moved forward with a proposal that would allow people with concealed-weapons licenses to carry guns on state college and university campuses. But Senate President Andy Gardiner, R-Orlando, was already signaling that it might be hard for the gun bills to get through his chamber.
Gardiner said the measures “are in trouble.” Neither has made it through the Senate Judiciary Committee, chaired by Miami Republican Miguel Diaz de la Portilla.
“They’re in Judiciary, and I allow the chairs to make the decisions on what bills they want to hear,” Gardiner said. “Sen. Diaz de la Portilla has already decided not to hear the campus-carry bill. It was his decision. And now I think he has some concerns about open-carry.”
MO MONEY MO PROBLEMS
With the state preparing to spend a record amount on public education and lawmakers promising hefty tax cuts — though perhaps not as much as Gov. Rick Scott’s $1 billion proposal — there are likely fewer fights to be had this session over the spending plan for the budget year that begins July 1. But that doesn’t mean there won’t still be some scuffles.
As both the House and Senate budget-writing committees approved their spending plans Wednesday — while separated by just two floors of a Tallahassee building — skirmishes focused on a hodgepodge of issues ranging from abortion to water projects.
In the House, some Democrats were miffed at fine-print in the budget that would bar Planned Parenthood, a health-care provider with clinics that offer abortions, from receiving funding.
It’s not even clear how much money is at stake. A spokeswoman for the Senate, which didn’t include the ban in its budget, said no state revenue went to Planned Parenthood, although a handful of county health departments used federal funds to contract with the organization. (Federal funds are not allowed to be used to cover abortions.)
Still, the provision caused a fight. Rep. Matt Hudson, a Naples Republican who chairs the House subcommittee that deals with health-care spending, defended the proposal by contrasting funding that makes its way to Planned Parenthood with the application process lawmakers go through to get projects funded in the budget.
“Nowhere along the line has Planned Parenthood, (a) submitted a form, and (b) nowhere along the line has the Legislature told the executive branch to contract with them either directly or indirectly,” Hudson told reporters after the committee meeting Wednesday.
But House Minority Leader Mark Pafford, D-West Palm Beach, blasted the move.
“It’s a politically derived stunt they’re pulling against one non-profit organization who provides health care for women. … To suggest it’s anything else is hogwash,” he said.
The plan moved to the House floor on a nearly party-line vote.
The Senate had an odd fight over a proposal to spend $7.5 million for a project to address an environmental “emergency” in areas around Lake Okeechobee. There was nothing that unusual about the idea itself — lawmakers frequently try to get projects in the budget for local areas — but it caused a rare, public rift between GOP leaders.
Sen. Joe Negron, a powerful Stuart Republican who is slated to become the Senate president in November, offered an amendment to the Senate’s proposed budget to expand a water-storage project. The proposal was related to problems with polluted water leaving Lake Okeechobee and going into rivers in Southeast and Southwest Florida.
“This is an emergency,” said Sen. Don Gaetz, a Niceville Republican who supported Negron. “What is going on in this particular area of our state is an environmental emergency.”
Critics of the amendment said they were not opposed to the water-storage project — but didn’t like using $6.75 million set aside for state park facility improvements to help bankroll it.
“The concept I support,” said Sen. Alan Hays, a Umatilla Republican who oversees the environmental budget. “The funding source I don’t support.”
The amendment — and the full spending plan — were approved and sent to the full Senate.
WHAT ARE THE ODDS?
There are no sure bets in the Legislature, and gambling bills are some of the shakiest propositions you can find. But lawmakers are trying to come up with language that would extend a gaming compact with the Seminole Tribe and bring in as much as $3 billion to the state over seven years.
House and Senate proposals include legislation that would authorize an agreement inked by Gov. Rick Scott and Seminole tribal chief James Billie last month. That deal would allow the Seminoles to add craps and roulette at each of the tribe’s seven Florida casinos, on top of banked card games — such as blackjack — already in play at most of the Seminoles’ facilities.
In exchange, the Seminoles have agreed to pay the state $3 billion over seven years — triple a $1 billion, five-year deal that expired last summer — in what is believed to be the largest tribal revenue-sharing agreement in the country. To make the bills more palatable to gambling-leery lawmakers, the proposals would do away with dormant pari-mutuel permits and eliminate some active permits.
Separate bills will address pari-mutuel-industry issues that are permitted, but not specifically authorized, by the proposed compact, according to Senate Regulated Industries Chairman Rob Bradley, R-Fleming Island, and his House counterpart, Regulatory Affairs Chairman Jose Felix Diaz, R-Miami.
Diaz said he could get the measures through his committee. But Bradley — whose committee includes senators who are opposed to any expansion of gambling and some who have problems with the compact proposal — wasn’t as confident.
Like Diaz, Bradley said he expects committee members to propose amendments to the legislation next week. The fate of the bills could hinge on what gets added to the measures.
“Right now, it’s a jump-ball,” he said.
The flurry of activity around the bills at the end of the week came a few days after Scott headed to Broward County to press for the deal to be approved. Scott, who in the past has been criticized for failing to lobby the Legislature on his priorities, zeroed in on the potential for the gambling agreement to create and save jobs.
Sounding as if he were on the campaign trail, Scott — the self-proclaimed “jobs governor” who, in his run for office in 2010, pledged to create 700,000 new jobs in seven years — spoke of growing up in a “family that didn’t have work,” a common theme in both of his gubernatorial bids.
“It’s a tough time. I don’t ever want to go back to that time for anybody in our state,” Scott said.
STORY OF THE WEEK: After several hours of debate on Tuesday and Wednesday, the House easily approved legislation that would allow people with concealed-weapons licenses to openly carry firearms and to take guns onto college and university campuses.
QUOTE OF THE WEEK: “It is like drinking broken glass. There’s no other way to describe it. Again, if you don’t understand what’s going on I think that could be really, really frightening. The good news is it subsides after a few moments. And then, clearly, you drink lukewarm water.”—Florida Surgeon General John Armstrong, speaking to The News Service of Florida about sensitivity to cold liquids that is a side effect of his chemotherapy treatments for colon cancer, the day before Thursday’s commemoration of World Cancer Day.
by Brandon Larrabee, The News Service of Florida
Senate Seeks Unanimous Juries In Death Sentences
February 6, 2016
With executions indefinitely on hold in Florida, lawmakers are hurriedly considering legislation to address a recent U.S. Supreme Court decision that struck down the state’s capital sentencing law as unconstitutional.
But the House and Senate are divided about how far the changes should go.
The Senate Criminal Justice Committee on Monday will take up a measure that would require unanimous jury recommendations for the death penalty to be imposed. A House panel this week approved a plan that would shift the current threshold of a simple majority to a 9-3 jury vote for death.
The issue centers on the sentencing phase of death-penalty cases after defendants are found guilty. Of the 31 states that have the death penalty, Florida is one of only three that do not require juries to be unanimous in determining whether inmates will be sentenced to death. The other two states — Alabama and Delaware — require at least nine jurors to vote in favor of death.
The Jan. 12 U.S. Supreme Court ruling, in the case known as Hurst v. Florida, did not address the issue of unanimity but focused on the state’s law giving judges — and not juries — the power to impose the death penalty, based on juries’ recommendations.
The 8-1 ruling dealt with what are known as “aggravating” circumstances that must be determined before defendants can be sentenced to death. A 2002 U.S. Supreme Court ruling, in a case known as Ring v. Arizona, requires that determination of such aggravating circumstances be made by juries, not judges.
Under Florida law, juries make recommendations regarding the death penalty, based on a review of aggravating and mitigating circumstances, but judges ultimately decide whether defendants should be put to death or sentenced to life in prison.
The Florida Supreme Court on Tuesday indefinitely postponed the scheduled Feb. 11 execution of Cary Michael Lambrix, shortly after hearing arguments that concentrated on the impact of the Hurst decision on Death Row inmates. The Hurst decision is expected to spark a flurry of appeals from inmates condemned to death.
The Senate proposal (SB 7068) would require juries to unanimously decide that at least one aggravating factor exists before a defendant can be eligible for the death penalty. Under current law, a majority of jurors have to decide that at least one aggravator exists, but juries are not required to provide information about the votes on each of the aggravators.
Unlike the House plan (PCB CRJS 16-07), the Senate measure would also require unanimous jury recommendations in order for the death penalty to be imposed.
“The Senate feels that if we go to 9-3 that we’ll be back in a few years, going through this again,” Senate Criminal Justice Chairman Greg Evers, R-Baker, told The News Service of Florida in an interview Friday.
Evers held a workshop last week to get input from defense lawyers, prosecutors, judges and other death penalty experts. The only one who did not recommend that Florida switch to unanimous recommendations in death sentences was 5th Judicial Circuit State Attorney Brad King.
Because nearly all of the other states with the death penalty require unanimity for death sentences, being so outside of the mainstream puts Florida at risk in a future Supreme Court ruling, the other experts advised.
“Being an outlier, we felt that it was best if we just went ahead and went with unanimity,” Evers said Friday.
The unanimity issue “is up for discussion,” but “the fact is that if we don’t go with unanimity, then we would be opening ourselves up to have it all thrown out again,” he said.
But House Criminal Justice Chairman Carlos Trujillo, whose committee signed off on his chamber’s plan Tuesday, said there’s no way for lawmakers to predict what the Supreme Court will do in years to come.
“We can’t legislate in the world of possibilities,” Trujillo, a former prosecutor, said in an interview Friday. “The good thing is (unanimity) is the only piece that’s really different in the two bills. Overall, the bills are very, very similar. So it makes both of our lives a lot easier.”
Trujillo said the chambers will “meet at some sort of middle ground” to fix the law, now temporarily on hold, before the legislative session ends on March 11.
“We have to. We absolutely have to,” Trujillo, R-Miami, said.
by Dara Kam, The News Service of Florida