Justices Eye Proposal That Could Limit Gambling
November 3, 2016
The Florida Supreme Court heard arguments Wednesday about a proposed constitutional amendment that could severely limit the expansion of gambling in Florida by giving voters, instead of state lawmakers or counties, control over casino-style games.
Supporters hope to get the “Voter Control of Gambling in Florida” proposal on the 2018 ballot, but, before that happens, the Supreme Court has to decide whether the ballot summary is clear and whether the measure adheres to a “single-subject” requirement of citizens’ initiatives.
Much of Wednesday’s arguments focused on whether voters would know that, by endorsing the proposal, they would be taking away control of casino-type gambling decisions from the Legislature and county officials.
Lawyer Adam Schachter, who represents Voters in Charge, the committee behind the proposed amendment, pointed out that the state high court is poised to decide whether Gretna Racing, a tiny pari-mutuel in rural Gadsden County, can have slot machines. That ruling is expected to have a wide-ranging impact; Voters in five other counties — Brevard, Hamilton, Lee, Palm Beach and Washington — have also approved slots at local tracks or jai alai frontons.
The Gretna case — centered on whether gambling operators can add slots if county voters give the go-ahead, even without the express permission of the Legislature — exemplifies the need for the proposed constitutional change, Schachter argued.
“There is a lack of clarity on this,” Schachter told the justices. “This amendment … would provide the needed clarity.”
Justice Ricky Polston asked Schachter what impact the proposal would have on a constitutional amendment passed in 2004 that authorized slot machines in Miami-Dade and Broward counties. Under that amendment, local voters also had to approve the slot machines.
“We don’t know yet,” Schachter responded, adding that it is uncertain how the Legislature will implement the proposed amendment if it passes or what future citizens’ initiatives might do.
“Isn’t that problematic, for the summary?” Polston asked.
But Schachter said that was not an issue because the ballot summary “need not offer speculation” about how a constitutional change would affect existing laws.
But Justice Barbara Pariente wasn’t satisfied.
“Doesn’t the public have the right to know if the second amendment is going to wreak havoc with the first amendment?” she asked.
Lawyer Marc Dunbar, representing a number of gambling interests opposed to the proposal, warned that the constitutional change, if approved, would lead to “a ridiculous amount of litigation” over its interpretation.
And, Dunbar argued, the measure could create problems for pari-mutuels by applying retroactively to slot machines already authorized — which proponents said it will not do — and doing away with legislative control of gambling.
“It’s taking away from everybody that has had it for the past 150 years … overturning all precedent … and saying if you want it back, you have to have a constitutional amendment,” an increasingly incensed Dunbar argued, his raised voice earning an admonishment from Pariente.
“Let’s calm down here,” she said.
Dunbar also said the proposal is misleading because voters might not know that the measure could have a chilling effect, using as an example arcade games such as “claw” machines, which were caught up in a law aimed at shutting down internet cafes.
“Will (arcades) be frozen forevermore for any new product because they operate under a slot machine exemption?” Dunbar asked. “Will they have to go to a statewide initiative because they want a new arcade game?”
Dunbar also told the court it was incumbent on the justices to “tell the voters what the potential consequences” of the amendment would be as part of their analysis of whether the ballot summary is misleading or not.
But Pariente and Justice Charles Canady appeared to disagree with Dunbar.
“You’re suggesting it’s our role to … eliminate any ambiguities or questions or problems we foresee that might arise from the implementation of the amendment,” Canady asked.
Pariente noted that there is a different process for constitutional amendments placed on the ballot by the Legislature. The court is banned from stripping measures proposed by lawmakers from the ballot. Instead, the attorney general has an opportunity to address the court’s concerns.
The court’s authority when scrutinizing citizens’ initiatives is far more limited, she said.
“Although people think our role is voting on the merits … our role is to ensure that ballot title and summary accurately reflects the (amendment),” Pariente said.
Several justices also expressed concern about what exactly it would take to authorize slot machines. Schachter said the amendment would require a statewide vote to approve slots in any particular county.
At times, Polston and Canady — the most-conservative members of the court — appeared to try to aid proponents of the measure.
“If this passes … it’s not going to limit the authority of the people through the initiative process,” Canady said. “This is designed to limit the Legislature and others, not the people.”
by Dara Kam, The News Service of Florida
Escambia, AL And Atmore Receive $800K In Water, Sewer Grants
November 3, 2016
Alabama Gov. Robert Bentley has awarded Community Development Block Grants totaling $800,000 to improve public services for many residents in Escambia County.
Bentley awarded $450,000 to the city of Atmore and $350,000 to the Escambia County Commission. Atmore will use the funds to rehabilitate public sewer service while the county will improve water service in the Freemanville community by replacing old water lines.
“Projects funded through the Community Development Block Grant program can greatly improve the lives of rural residents,” Bentley said. “I am pleased to support the local leadership in Atmore and Escambia County as they complete these projects to improve their communities.”
Atmore will repair sewer lines in the Short Street area, benefitting 238 residents. City officials said the lines have become old and dilapidated and have caused backups which create health hazards for those living in the area. The project will install approximately 4,530 feet of new sewer pipe lining in existing pipe structures along with 25 new service connections. The city is contributing $99,770 in matching funds.
Escambia County will replace 10,500 feet of deteriorated 3-inch water mains with larger 6-inch PVC lines in the Freemanville community on Jack Springs Road, Freemanville, Drive, Middelton Lane, Jefferson Lane and adjoining roads. The project also will install seven new fire hydrants to improve fire protection for residents. The county is contributing $35,000 in matching funds for the project.
The Alabama Department of Community Affairs is administering the grants from funds made available by the U.S. Department of Housing and Urban Development.
“Through local leadership and state partnership, ADECA’s Community Development Block Grants assist rural communities with much-needed improvements to infrastructure,” ADECA Director Jim Byard Jr. said. “This year, ADECA received 108 applications for projects that support economic and community development. We were able to award 54 projects totaling $17.5 million in investments. I am proud of the projects chosen this year, especially this project to benefit the residents of Atmore and Escambia County.”
Pictured: A water tower on the south side of Atmore at Escambia County High School. NorthEscambia.com photo, click to enlarge.
Clayton Lawton Flowers
November 3, 2016
Clayton Lawton Flowers, 75 of Nokomis, AL, passed away Friday, October 28, 2016, in Mobile, AL. He was a heavy equipment operator. He was born in Atmore, AL on February 7, 1941, to the late Gay and Grace White Flowers. He attended Presley Street Church of Christ, was a flight instructor, barber and farmer.
He is preceded in death by a daughter, Lisa Jane Flowers; siblings, Winston Flowers, Joyce Flowers Nall, and Betty Flowers Norris.
Survivors include his wife, Janice Flowers; one son, Scotty (Karen) Flowers all of Nokomis, AL; two daughters, Cyndi Flowers McGhee of Spanish Fort, AL and Amanda Flowers (Tripp) Dawson of Nokomis, AL; one sister, Evelyn Flowers (Jim) Pipkin of Nokomis, AL; nine grandchildren and nine great-grandchildren.
Services were held Wednesday, November 2, 2016, from the Johnson-Quimby Funeral Home Chapel with Bro. Don Davis and Bro. John Coleman officiating.
Interment was in Godwin Cemetery.
Active pallbearers were Adam McGhee, Cameron McGhee, Nicholas Flowers, Bradley Flowers, Josh Turner, and Brian Huskey.
Honorary pallbearers were Wayne White, Ronnie Barnhill, Don Flowers, Randy McKinley, Chuck Flowers, and Jimmy Flowers.
Johnson-Quimby Funeral Home is in charge of all arrangements.
Nell Sue Wachob Webb
November 3, 2016
Mrs. Nell Sue Wachob Webb, 89, passed away at her residence on Wednesday, October 26, 2016. She was a native of Atmore. She was the wife of the late Dr. Hal Webb and the daughter of Jesse Leander Wachob and Hattie Sue Dungan Wachob, both deceased. She was a homemaker and a member of Providence Presbyterian Church in Greensboro, NC.
Survivors include her daughter, Carol Webb Benge and husband David of Mebane; two sons, David Webb and wife Melanie of Homer, Alaska and Barry Webb and wife Cheryl of Rawlings, MD; six grandchildren, Lauren Cole, Jordan Benge, Tiffany Donnelly, Lauralee Young, Bethany Herwalt and Rachel Smith; and 12 great-grandchildren.
A graveside service was held at Oakhill Cemetery in Atmore on Monday, October 31, 2016.
Johnson-Quimby Funeral Home is in charge of all arrangements.
Myrtle Rutherford
November 3, 2016
Mrs. Myrtle “Granny” Rutherford, 79, passed away on Thursday, November 3, 2016, in Atmore, Alabama.
Mrs. Rutherford was a native of Lottie, AL and a resident of Atmore, AL for most of her life. She was retired from Vanity Fair with 46 years of service. She sat with elderly people, and was affectionately known as “Granny” to those that knew her. She was a member of the Cross Point Baptist Church. She is preceded in death by her husband, Melvin Eugene “Gene” Rutherford; a son, David Wayne Rutherford; three sisters and two brothers.
She is survived by her two daughters, Rhonda Rutherford (Tony) Peebles of Robinsonville, AL and Wanda Rutherford (Mike) Plant of Dunnellon, FL; one brother, Jerry Hall of Perdido, AL; three grandchildren, Chad (Evelyn) Kelley, Jennifer Kelley and Chasity (David) Daniel and five great-grandchildren.
Funeral services will be held Sunday, November 6, 2016, at 2 p.m. at the Petty-Eastside Chapel Funeral Home with Rev. C.L. Langford and Rev. J.T. Guyton officiating.
Burial will follow at the Oak Hill Cemetery.
Visitation will be Sunday, November 6, 2016 from 1:00 PM until service time at 2 PM at the Petty-Eastside Chapel Funeral Home.
Pallbearers will be Adam Kelley, Cody Mooney, Justin Peebles, Jerry Dewayne Hall, Gilbert Hadley and Larry Hadley.
Honorary pallbearers will be Tony Hadley and Bart Green.
Petty-Eastside Chapel Funeral Homes is in charge of all arrangements.
Flomaton Murder-Suicide Victims Identified
November 2, 2016
The names of the two people killed in a Flomaton murder-suicide on Tuesday have been released.
At about 1:45 p.m., the Flomaton Police Department responded to a domestic altercation on Evelyn Street in the Holt Subdivision (pictured above). Inside the home, they body of a female, 43-year old Cory Blackmon Cole. Moments later, the body of 47-year old John Mitchell Cole was discovered with a self-inflicted gunshot wound at his residence just over two miles away on College Street near Nordan Street (pictured below).
Due to the Flomaton Police Department being small with limited resources, the investigation was turned over by Police Chief Bryan Davis to the Alabama Law Enforcement Agency’s State Bureau of Investigation.
The SBI’s findings will be handed over to the Escambia County District Attorney when the investigation is completed. Further details are not being released in the on-going investigation.
NorthEscambia.com photos.
Two Charged With Armed Robbery Of Century Man
November 2, 2016
Two people have been charged with the armed robbery of a Century man after taking his cash and prescription narcotics.
Aubrey Odom, age 20 of Century, was charged with aggravated battery using a deadly weapon and robbery with a weapon. Kerry Mae Nelson, 36, was charged with armed robbery with a weapon.
Deputies responded to a reported burglary in progress at the Oakwood Village Apartment at 9640 Shady Lane in Century. The victim told deputies that he heard a knock on his door, opened it and let Nelson inside because she used to live with him. The victim stated that Odom then entered the apartment with a knife and hit him in the head.
Odom and Nelson then fled the apartment in a Nissan Altima at a high rate of speed with prescription medication and $188 in cash.
Deputies located the Altima at home of Odom’s mother. Inside the vehicle, they reported finding the knife, cash and a prescription bottle belonging to the victim.
Odom is being held without bond due to a violation of probation charge. Nelson is being held on a $200,000 bond.
Wednesday Is Final Day To Request Mailed ‘Vote By Mail’ Ballot
November 2, 2016
Wednesday is the deadline for voters who wish to be mailed a vote-by-mail ballot to request their ballot for the November 8 General Election.
Voters can make their request by using the online form at EscambiaVotes.com or by contacting the Supervisor of Elections by mail, phone (850) 595-3900, fax (850) 595-3914, or e-mail (votebymail@escambiavotes.com). Requests must include the voter’s date of birth and address. Voters may track the status of their ballot by clicking Track My Ballot at EscambiaVotes.com.
The Postal Service recommends voters mail their ballots back to the Elections Office at least one week before the due date. Voted vote-by-mail ballots must be received in the Elections Office (not at a polling location) no later than 7:00 p.m. on Election Day, Tuesday, November 8.
After Wednesday, a voter may still pick up a vote-by-mail ballot in person from the Elections Office through Monday, November 7.
Dept. Of Revenue Finds Century Tax Increase Notice Violated State Law
November 2, 2016
A legal notice placed by the Town of Century for a recent property tax increase has been deemed by the Florida Department of Revenue to be in violation of the law, according to FDOR documentation.
A quarter page legal notice was required to be published in a printed newspaper of general circulation with a second class mail permit in the Century area. But the ad placed by the Town of Century in the Tri-City Ledger newspaper was published at less than a quarter page, creating the violation.
The town will be required to re-run the tax increase notification ad at one-quarter of page, along with a one-quarter page ad that states in bold print “The previous notice placed by the Town of Century has been determined by the Department of Revenue to be in violation of the law, necessitating this second notice”.
In addition, the Department of Revenue found that total tax amount, advertised by the town at $29,000 due to an accounting error, should have been $30,954.
An additional public hearing concerning the tax increase and budget will be required.
Council members were informed of the situation on Tuesday. The Century Town Council will discuss the violation and error at their upcoming regular meeting at 7 p.m. Monday at the Century Town Hall.
According to Town Clerk Leslie Howington, neither issue will impact Century residents. Residents will not see any additional tax increase beyond the previously approved ad valorem millage rate increase from 0.9005 to 0.9732, a 9.84% increase over the rolled back rate.
NorthEscambia.com file photo, click to enlarge.
Homicide Investigation As Partially Decomposed Body Found Near Poarch
November 2, 2016
A partially decomposed body found Tuesday outside Atmore is being investigated as homicide.
The body was found outside a camper trailer in the 3000 block of Ewing Farm Farm Road after the Escambia County (AL) Sheriff’s Office received a call about a dead body. The caller said the body was outside his brother’s residence.
Deputies responded and found a body that had been exposed to the elements for a lengthy time. The residence belongs to a Daniel Keith Fox, but the victim has not been identified at this time by Dept. of Forensics Sciences.
Family members told deputies they had not seen or heard from Fox in approximately a week, but they had not reported him missing. They drove to his residence and found what appeared to be his body lying on the ground.
Investigators arrived on the scene and began to process the scene. This death is being investigated as suspicious, but all deaths are treated as homicides until proven otherwise. The body was taken to the Department of Forensics Sciences in Mobile for an autopsy. The findings of that autopsy have not been released at this time.
The victim’s vehicle is missing from the residence. It is a 1992 Ford F-150 pickup truck with a faded maroon stripe on the side and possibly a toolbox on the back. The Alabama tag number is 30BK659.
Anyone with information on the whereabouts of the vehicle in this investigation should contact their local law enforcement entity or the Escambia County Sheriff’s Office at 251-809-2154.