Florida Gov’t Weekly Roundup: Center Court
July 23, 2017
Every year, around the middle of the summer, with the Legislature long gone and the governor’s office mostly silent, comes a time when courts are the center of the action in Tallahassee.
That season has come.
Courts were dealing this week with everything from quality of schools to the governor’s authority to appoint Supreme Court justices to a state abortion law. The earliest decision in any of those matters is probably weeks away, and some will take even longer.
Meanwhile, Gov. Rick Scott turned to a familiar face to fill a high-ranking state post, a reminder that his inner circle remains relatively small more than six years after he first set up shop in the Capitol.
‘A COMPLETE RECORD’
Sometimes, judges are able to keep observers guessing about future rulings. Other times, the outcomes are pretty clear. And it seems obvious where Leon County Circuit Judge Terry Lewis is headed on a two-year-old law requiring women to wait 24 hours before receiving abortions.
Lewis during a hearing Wednesday gave Deputy Solicitor General Denise Harle — the state lawyer defending the law — another 60 days to make her case. But he also chastised her for not being ready to move forward two years after the legal challenge began, and left a hint that even the delay was a case of legally going through the motions.
“If I were in your shoes, I think I would have been ready a long time ago,” Lewis said during the hour-long hearing. “On the other hand, I think it’s very important that, whatever happens here, there is a complete record.”
The law is on hold while the case continues.
Harle told Lewis on Wednesday that the state needs more time to gather data about women in other states who have changed their minds after having to wait 24 hours before getting the procedure.
The evidence could show that what Harle called “a very short period of time,” meaning 24 hours, would be the minimum required for women to give “informed consent” prior to abortions.
But Julia Kaye, a lawyer with the American Civil Liberties Union’s Reproductive Freedom Project, argued that whether women have changed their minds about the procedure is irrelevant.
The state’s focus on women changing their minds is rooted in the desire to protect an unborn child, Kaye said. But courts have already ruled that the “point of viability” doesn’t occur until at least after the second trimester begins, while the disputed abortion law deals with first-trimester procedures.
ROLE OF THE COURTS
A day earlier, a lawyer for a coalition of advocates and parents challenging the state’s education system also faced a skeptical court, this time a three-judge panel of the 1st District Court of Appeal.
At least two judges directed sharp questions at Jodi Siegel, an attorney for plaintiffs in the long-running suit that alleges the state has failed to provide a quality education system.
The central issue in the appeal is whether courts can evaluate the state’s obligations under a 1998 constitutional amendment that declares it is a “paramount duty of the state to make adequate provision for the education of all children residing within its borders.”
But Leon County Circuit Judge George Reynolds ruled last year that the judiciary should be hesitant to wade too deeply into the issue and should give deference to the Legislature under the separation of powers. The appellate judges at Tuesday’s hearing seemed more likely than not to agree.
“Not everybody can be in an ‘A’ school. … Is it adequate to have every school that’s a ‘C’ school?” asked Judge James Wolf.
In another case that revolves around the role of the justice system, Scott’s lawyers filed a brief this week in a battle in the Florida Supreme Court. Justices there could decide soon whether the governor has the authority to appoint replacements for three of the court’s current members when they leave the bench in early 2019 due to a mandatory retirement age.
Scott has said he intends to appoint the new justices, while critics say those appointments belong to the next governor. But that’s not enough to ask a court to intervene, Scott’s office said, because nothing has actually happened yet.
“Petitioners do not challenge any specific executive action that has been taken by the governor, but rather seek the court’s opinion regarding the scope of the governor’s executive authority to act in the future under a hypothetical set of facts,” attorneys for the governor wrote.
`TEAM PLAYER’
As governor, Scott has made a habit of turning to a relatively small group of insiders for key positions that crop up in state government. This week, South Florida Water Management District Executive Director Pete Antonacci was tapped to take over Enterprise Florida, a business-recruitment agency dear to the governor’s heart.
Enterprise Florida’s executive committee Wednesday unanimously approved a recommendation by agency Vice Chairman Stan Connally to offer the president and CEO position to Antonacci rather than to go through a search.
Scott called Antonacci, who for two years served as the governor’s top official lawyer, someone who can “get deals done.”
Connally noted that Antonacci expressed a desire to the governor’s office for the Enterprise Florida position.
“The more I learned about Pete … I learned things like his ability to quickly get up to speed on topics that may not be naturally as familiar to him,” Connally said during a conference call with the committee. “Some would call that a quick study. And I think, given the circumstances in front of us, I think that would be important.”
The agency has been working under interim director Mike Grissom since March, following the abrupt departure of Chris Hart from the top position.
Antonacci’s job offer must still be approved by the Enterprise Florida Board of Directors, which is chaired by Scott. The board will hold a conference call Monday.
“My experience with Pete is he is able to negotiate a lot of good deals. That’s part of what you have to do both as general counsel and running the water management district,” Scott told the committee members during this week’s call. “I think he will do a good job. He’ll work hard. He’ll get deals done. And he’ll also be a good team player.”
Antonacci served as Scott’s general counsel from January 2013 until early 2015. He took over the water management district, with its approximately $660 million budget, in September 2015.
Between working for the governor and water management district, Antonacci worked as a registered lobbyist with the law firm GrayRobinson. His client list included Accelerated Learning Solutions, Key West, Corizon, JP Morgan Chase Bank, the National Notary Association and PC Solutions & Integration.
STORY OF THE WEEK: A two-year-old law requiring women to wait 24 hours before getting abortions looked to be on thin ice after a hearing before a Leon County judge.
QUOTE OF THE WEEK: “This is not Lake Wobegon, and that’s exactly what the plaintiffs over and over again were coming up with.” — Rocco Testani, a lawyer for the state in the education case, questioning whether performance on accountability measures can determine whether the state is living up to its obligations.
by Brandon Larrabee, The News Service of Florida
Wahoos Even Series With The Montgomery Biscuits
July 23, 2017
Thanks to back-to-back two out hits by right fielder Aristides Aquino and second baseman Shed Long, the Pensacola Blue Wahoos scored three runs in the top of the ninth to overcome the Montgomery Biscuits.
The Blue Wahoos entered the ninth tied, 4-4, Saturday at Riverwalk Stadium but earned the victory, 7-4, when Aquino singled in third baseman Nick Senzel and Long doubled on a line drive to left field that scored both left fielder Josh VanMeter and Aquino.
The five-game series is now tied, 2-2, with the final game scheduled for 5:35 p.m. Sunday. Pensacola improved to 15-14 in the second half and regained first place over the Jacksonville Jumbo Shrimp, whose game with the Tennessee Smokies was postponed. The Blue Wahoos are 55-44 overall and won the first half Southern Division title.
Montgomery knotted the game, 4-4, with two runs in the eighth inning off Pensacola reliever Robert Stock, who loaded the bases with no outs. He was replaced by Pensacola closer Zack Weiss, who got the first two Biscuits batters out but then gave up a two-run single to center field by Biscuits DH Cade Cotta, driving in shortstop Jake Cronenworth and second baseman Riley Unroe.
Weiss struck out two batters in the ninth and got the last six outs to earn the win and improve his record to 2-1 with a 0.93 ERA in nine appearances. He has given up five runs but none earned over his last 8.2 innings and struck out 12.
Pensacola starting pitcher Jose Lopez, who has made eight Double-A starts, turned in his fourth straight strong outing. He worked six innings, allowed two runs on four hits and one walk and struck out five.
Montgomery left-handed starter Logan Darnell, who made four starts for the Minnesota Twins in 2014, also worked six innings, giving up three runs, two earned, on nine hits, no walks and struck out 10. The 28-year-old tied his career high that he recorded in 2010 with the Twins rookie league team in the Gulf Coast League.
Pensacola, though, pounded out 13 hits, one of its highest totals in a game this year. Five Blue Wahoo hitters had multi-hit games. Pensacola center fielder Gabriel Guerrero was 2-5 with two runs scored for his team-leading 29th multi-hit game this season. Senzel was 3-5 with two doubles and two runs scored. First baseman Gavin Lavalley was 2-5 with a double and two RBIs. Aquino was 2-5 with a run and RBI. Long was 2-5 with a double and two RBIs.
Showers And Thunderstorms For Your Sunday
July 23, 2017
Here is your official North Escambia area forecast:
Sunday: A 50 percent chance of showers and thunderstorms. Partly sunny, with a high near 90. Light and variable wind becoming south 5 to 10 mph in the afternoon. New rainfall amounts between a tenth and quarter of an inch, except higher amounts possible in thunderstorms.
Sunday Night: A 20 percent chance of showers and thunderstorms before 1am. Mostly cloudy, with a low around 74. Southwest wind around 5 mph becoming calm after midnight.
Monday: A 40 percent chance of showers and thunderstorms. Partly sunny, with a high near 91. West wind 5 to 10 mph.
Monday Night: A 20 percent chance of showers and thunderstorms before 1am. Mostly cloudy, with a low around 74. Southwest wind around 5 mph.
Tuesday: A 50 percent chance of showers and thunderstorms. Partly sunny, with a high near 90. West wind 5 to 10 mph.
Tuesday Night: A 30 percent chance of showers and thunderstorms. Mostly cloudy, with a low around 74. Northwest wind around 5 mph becoming calm in the evening.
Wednesday: A 50 percent chance of showers and thunderstorms. Partly sunny, with a high near 90. Northwest wind around 5 mph.
Wednesday Night: A 30 percent chance of showers and thunderstorms. Mostly cloudy, with a low around 74. West wind around 5 mph becoming calm in the evening.
Thursday: A 40 percent chance of showers and thunderstorms. Partly sunny, with a high near 92.
Thursday Night: A 20 percent chance of showers and thunderstorms. Mostly cloudy, with a low around 75.
Friday: A 30 percent chance of showers and thunderstorms. Mostly sunny, with a high near 92.
Friday Night: A 30 percent chance of showers and thunderstorms. Partly cloudy, with a low around 75.
Five People Injured In Cantonment Crash
July 22, 2017
Five people were injured in a three vehicle accident Friday morning in Cantonment.
The accident happened at the intersection of Highway 29 and Muscogee Road. All five were transported by Escambia County EMS ambulance to local hospitals. Two other people refused medical treatment.
Further details have not yet been released by the Florida Highway Patrol. The Escambia County Sheriff’s Office and the Cantonment Station of Escambia Fire Rescue also responded.
NorthEscambia.com photos by Kristi Barbour, click to enlarge.
40 Percent Shot Of Rain On Your Saturday
July 22, 2017
Here is your official North Escambia area forecast:
Saturday: A 40 percent chance of showers and thunderstorms. Partly sunny, with a high near 91. Calm wind becoming south around 5 mph in the afternoon.
Saturday Night: A 20 percent chance of showers and thunderstorms before 1am. Partly cloudy, with a low around 73. Southwest wind around 5 mph.
Sunday: A 50 percent chance of showers and thunderstorms. Partly sunny, with a high near 91. Southwest wind around 5 mph.
Sunday Night: A 20 percent chance of showers and thunderstorms. Mostly cloudy, with a low around 73. Southwest wind around 5 mph.
Monday: A 50 percent chance of showers and thunderstorms. Mostly cloudy, with a high near 91. West wind around 5 mph.
Monday Night: A 30 percent chance of showers and thunderstorms. Mostly cloudy, with a low around 75. Southwest wind around 5 mph.
Tuesday: A 50 percent chance of showers and thunderstorms. Mostly cloudy, with a high near 91. West wind around 5 mph.
Tuesday Night: A 30 percent chance of showers and thunderstorms. Mostly cloudy, with a low around 73. West wind around 5 mph becoming calm in the evening.
Wednesday: A 50 percent chance of showers and thunderstorms. Partly sunny, with a high near 92.
Wednesday Night: A 20 percent chance of showers and thunderstorms. Mostly cloudy, with a low around 73.
Thursday: A 20 percent chance of showers and thunderstorms. Mostly sunny, with a high near 94.
Thursday Night: A 20 percent chance of showers and thunderstorms. Mostly cloudy, with a low around 75.
Escambia Man Gets Life In Prison For Armed Robbery
July 22, 2017
An Escambia County jury found Demeko Sims Guilty of robbery with a firearm. Immediately following the verdict, Judge Joel
Boles sentenced Sims to life in state prison as a prison releasee re-offender.
On October 17, 2015, Sims entered the Happy 7 Food Store on Lillian Hwy in Pensacola wearing a hooded camouflage jacket and patched jeans. Sims robbed the clerk with a black revolver and fled on foot. Store surveillance captured the robbery and showed that Sims was dropped off another person driving a truck.
The truck was later identified and stopped by Escambia County Sheriff’s deputies on November 2, 2015. Sims was the passenger of the truck.
A camouflage jacket was found in his seat and a black revolver was found in the passenger door pocket. A search warrant was executed at the home Sims was living in which returned the patched jeans. Later, Sims was interviewed by investigators and confessed to the robbery.
Pickup Destroyed By Fire (With Photo Gallery)
July 22, 2017
Fire destroyed a pickup truck Saturday in the 700 block of Jacks Branch Road. There were no injuries reported.
For a photo gallery, click here.
NorthEscambia.com photos by Kristi Barbour, click to enlarge.
Escambia Man Sentenced For Aggravated Assault Of Deputy
July 22, 2017
An Escambia County Jury found Carlos Lamar Warren, Jr., guilty of aggravated assault on a law enforcement officer. Immediately following the verdict, Circuit Judge Gary Bergosh sentenced Warren to a maximum sentence of 15 years in state prison.
On December 11, 2015, Deputies Craft, Kamau, Melton, and Sgt. Brown were on bike patrol in the area of Massachusetts and Erres Blvd. About 7:40 p.m. Deputy Melton observed a white Nissan sitting in the middle of Erres Blvd. with no headlights activated.
Deputy Melton then observed a hand-to- hand transaction between the driver of the vehicle and an approaching subject. After the transaction, the driver of the Nissan made a U-turn, activated the vehicle lights, and headed in the direction of law enforcement. As law enforcement approached the vehicle, Deputy Melton stopped his bike in the path of the vehicle, illuminated himself and the cabin of the vehicle, thereby signaling to the driver to stop the vehicle.
The driver of the vehicle slowed down as it approached Deputy Melton and the other law enforcement deputies. However, once the vehicle was approximately two feet away from Deputy Melton, it accelerated, struck Deputy Melton's bike, ran a stop sign, and fled the scene. Had Deputy Melton not jumped off of his bike, he would have been struck by the vehicle. Upon viewing a photo of Mr. Warren, each deputy identified Mr. Warren as the driver who struck Deputy Melton's bike and almost struck Deputy Melton.
Elderly Atmore Couple Charged With Sex Trafficking Of Teen
July 22, 2017
An Atmore woman and her elderly boyfriend are accused of sex trafficking.
Mary Lue Daw, 66, and her boyfriend Charles Stacey, 87 are both charged with human trafficking and rape.
Court documents show Daw accepted money from Stacey in exchange for allowing him to have sex with her 13-year-old granddaughter.
Stacey persuaded the 13-year-old girl to come into a back bedroom and have sex with him for money, according to those court documents.
Stacey is also charged with promoting prostitution and enticing a child for immoral purposes
Both remain in the Escambia County (AL) Detention Center in Brewton with bond set at $1 million each.
Frank Gilbert Cherry
July 22, 2017
Frank Gilbert Cherry, 73, of Cantonment, FL passed away Wednesday, July 19, 2017.
He was born in Pensacola, FL to Phillip Rexford Cherry and Madeline A. (Dutre) Cherry on December 29, 1943. He attended Catholic schools in Pensacola and served in the U.S. Navy. He humbly accepted many awards and recognitions, nationally and locally, for his dedication to helping people. At NADEP in Pensacola, FL he began an employment program for the developmentally disabled, attended the signing of the Americans with Disabilities Act in Washington, D.C., moving on to be the Executive Director of the Center for Independent Living of NW Florida (now CIL Disability Resource Center) for 23 years.
In addition to his many accomplishments, he was recently appointed to the Florida Independent Living Council to which he wanted to take his ideas for furthering the welfare of people with disabilities. And for 30 years he was the caller and instructor for the Pensacola Special Steppers, a group of proud square dancers with developmental disabilities. He participated in many functions of ARC Gateway for 52 years.
He was a member of the Men of St. Joseph, 4th Degree Knight of Columbus and a Special Minister of Holy Communion at St. Anne Catholic Church, Bellview, FL.
He is preceded in death by his daughter, Paula Lynn Cherry.
He is survived by his loving and devoted wife of 54 years, Nancy M. (Schuldt) Cherry; children, Janet M. Cherry, David B. Cherry and Jason P. Cherry; two brothers, Dennis A. Cherry (Sandra) of Fairfax, VA and Donald A. Aguiar (Marybelle) of Livermore, CA, numerous nieces and nephews.
In lieu of flowers, he kindly requested memorials to ARC Gateway for Group Homes, 3932 N. 10th Avenue, Pensacola, FL 32504 and to St. Anne Catholic Church, 5200 Saufley Field Rd, Pensacola, FL 32526, earmarked Building Fund.
Visitation will be held at St. Anne Catholic Church Monday, July 24, 2017 beginning at 9:30 a.m. with a Mass of Christian Burial to begin at 10:30 a.m. Concelebrants will be Reverend Fr. George Sammut and Reverend Fr. John Licari. Interment will follow at Barrancas National Cemetery.