Florida Gov’t Weekly Roundup: Revenge Of History
July 9, 2017
The Uruguayan writer Eduardo Galeano once said: “History never really says goodbye. It says, ‘See you later.’ ”
In Florida this week, history made good on any promises to return. The state found itself facing a likely lawsuit over a controversial new law on public schools. Another court struck down a recent change to the state’s self-defense laws.
The machinery of death creaked back to life after an 18-month legal hiatus, with Gov. Rick Scott issuing a warrant that will almost certainly revive a battle over drugs the state uses in lethal injections.
A gambling deal with the Seminole Tribe that seemed to be frozen suddenly lurched back into the spotlight, with Scott and the tribe announcing a deal that lawmakers regarded warily.
The week’s news environment included one slightly new element, as Scott and Secretary of State Ken Detzner weighed a request from a presidential commission to turn over potentially sensitive information about Florida voters. But with Democrats already gearing up for a fight over the commission’s findings, that too might be a bit of history that returns later.
CAN I HAVE YOUR NUMBER?
By the time Detzner announced Thursday that the state would provide some of the information requested by the Presidential Advisory Commission on Election Integrity, a line of Democrats had demanded he not do so.
All three of the party’s candidates for governor in 2018 bashed the commission — which Democrats see as a precursor to a round of voter suppression — and every day seemed to bring a new letter from a lawmaker or party official calling on the state to say no.
Tallahassee Mayor Andrew Gillum, running against former Congresswoman Gwen Graham and Winter Park businessman Chris King in the Democratic gubernatorial primary, went a step further. Gillum used an open-records request to challenge Detzner to reveal any proof of the voter fraud that Republican President Donald Trump has claimed occurred in 2016.
“Not only does this (federal voter information) request violate the privacy and security of Floridians, but it is founded on baseless claims of widespread voter fraud,” Gillum said in a statement. “If he fails to produce any evidence — which I suspect he will — then he should break his public silence and formally deny the Trump Commission’s request for Floridians’ personal data.”
Detzner did break his silence — though state officials had pointed out that Florida had until July 14 to respond — by saying he would give the commission any information available to the public.
“Driver’s license information and Social Security numbers are not, and cannot be provided,” Detzner wrote to Kansas Secretary of State Kris Kobach, who is vice chairman of the federal commission. “We will also not release any information that is exempt or confidential under Florida law, including certain information regarding law enforcement officers, judges, prosecutors, and victims of stalking and domestic violence.”
Information such as voters’ names, addresses, dates of birth, party affiliations and voting histories is already available under Florida’s public-records law and will be provided to the commission.
That wasn’t enough of a rejection for some Democrats, despite the fact that commission officials likely could have compelled the state to turn over the same information with an open-records request of their own.
“Secretary Ken Detzner should not be fulfilling any part of Donald Trump’s request. … It is grossly irresponsible for Secretary Detzner to even entertain a request from a commission that is propagating a blatant lie — widespread voter fraud does not exist,” Democratic Party spokeswoman Johanna Cervone said.
DEAL US IN
Despite failing to pass a gambling package in this year’s legislative session, lawmakers left Tallahassee figuring they would return to the issue later. But a court agreement between the Scott administration and the Seminole Tribe submitted to a federal judge Wednesday could change that expectation, at least to some extent.
The agreement focuses on a portion of a 20-year gambling deal, called a “compact,” that expired in 2015. That portion of the deal involves banked card games such as blackjack. Under the deal, approved in 2010, the tribe guaranteed $1 billion in payments to the state for the exclusive rights to offer the banked card games for five years.
The tribe sued the state when the banked-card portion of the deal expired, accusing state gambling officials of breaching the compact by allowing what are known as “designated player” card games at horse and dog tracks and jai alai frontons.
In the agreement released Wednesday, the state agreed to drop its appeal of the federal court decision and to take “aggressive enforcement action” against pari-mutuels operating banked card games that violate state law.
The deal also frees up at least $200 million in payments to the state, something leaders — including Scott — are eager to tap into as Florida’s budget outlook worsens.
Even so, Scott’s settlement with the Seminoles took legislative leaders by surprise.
“At first blush, I’m not sure that the stipulated settlement agreement does anything more than make it more difficult for us going forward to negotiate gaming with the Seminole Tribe,” said Sen. Bill Galvano, a Bradenton Republican who’s been in charge of gambling negotiations. “It’s almost as if we’re guaranteeing for the tribe that the status quo will continue for the balance of the compact.”
LAW SCHOOL
Not that the Scott administration is likely to get out of court anytime soon. On the same day that the gambling settlement was announced, the Broward County School Board voted unanimously to move forward with a lawsuit challenging a sweeping new education law.
Broward County expects to be followed by other districts — including Miami-Dade County — in mounting a challenge to the law.
The legislation (HB 7069), signed by Scott last month, would overhaul a vast swath of state education law. It deals with everything from mandatory recess for elementary school students and standardized testing to charter-school funding and teacher bonuses.
In a memo given to the Broward County board ahead of the meeting, the board’s general counsel outlined five grounds to challenge the 278-page, $419 million measure.
“This is the opportunity for us to start chiseling away at state legislators who don’t put the voter and the children in this state first. … I feel it’s really our time to step up to the bat and say, ‘enough is enough,’ ” said Ann Murray, a member of the board.
House Speaker Richard Corcoran, a Land O’ Lakes Republican who was a driving force behind the legislation, responded by blasting the board.
“This is another example of the educational bureaucracy putting the adults who administer the schools ahead of the children who attend the schools,” he said. “Not only is it clueless, it is also arguably heartless, to sue to stop school children from getting recess, disabled children from getting funding, poor children from getting out of failure factories and teachers from getting more pay.”
GANJA AND GUNS
Other actions from the legislative session faced court challenges of their own. Orlando trial lawyer John Morgan, the virtual godfather of medical marijuana in Florida, challenged a new law carrying out a constitutional amendment that broadly legalized pharmacological pot. The challenge focuses on part of the law that wouldn’t allow patients to smoke the product.
Lawmakers banned smoking marijuana — but allowed patients to vaporize, or “vape,” pot products — in a bill approved during a special session last month. Scott signed the bill, which went into effect last week.
“The people of Florida knew exactly what they were voting on, when they voted. When they were voting on it, the vast majority, if not 100 percent, knew that smoke was included. The fact that we are here today is really unnecessary, but here we go,” Morgan told reporters outside the Leon County Courthouse.
But House Majority Leader Ray Rodrigues, an Estero Republican who sponsored the legislation and insisted on the smoking ban, defended lawmakers’ actions. Rodrigues said other states that permit smoking of medical marijuana made it clear in proposals that went before voters.
“If you look at those other states, their constitutional amendments declared that it could be smoked and that it could be self-grown. If that’s what John Morgan wanted for Florida, he should have declared it in the amendment,” Rodrigues said.
Another measure passed this year could be in even more danger. A Miami judge on Monday ruled that a change to the state’s “stand your ground” self-defense law was unconstitutional. Supporters said the change would better protect the rights of defendants in “stand your ground” cases.
In a 14-page order, Miami-Dade County Circuit Judge Milton Hirsch wrote that the Legislature overstepped its authority with the change, which involves pre-trial burden of proof.
The change violates Florida’s separation-of-powers doctrine because it amounts to a “procedural” revision, something that must be handled by the Florida Supreme Court, Hirsch wrote.
Supporters of the controversial change predicted an appeal.
“I’d be surprised if this decision wasn’t overturned by the appellate court,” said Sen. Rob Bradley, a Fleming Island Republican and former prosecutor who sponsored the legislation.
THE DEATH PENALTY RETURNS
Scott also added another item to the judiciary’s load this week, when he signaled a potential end to the 18-month hiatus for the death penalty by rescheduling the execution of convicted killer Mark James Asay for Aug. 24.
Asay was one of two Death Row inmates whose executions were put on hold by the Florida Supreme Court early last year after the U.S. Supreme Court, in a case known as Hurst v. Florida, struck down as unconstitutional the state’s death-penalty sentencing system.
The January 2016 federal court decision set off a string of rulings that have effectively put Florida’s death penalty in limbo for 18 months. In the ensuing legal battle, the court found Asay could be put to death because he was sentenced before a ruling that set the groundwork for Hurst.
Asay also would be the first Death Row inmate executed under a new, untested lethal-injection process adopted by state corrections officials. The changes to the three-drug lethal injection procedure come after previous drugs used by the state to execute prisoners expired.
STORY OF THE WEEK: Despite days of Democratic attacks, Secretary of State Ken Detzner said Florida would partially comply with the Presidential Advisory Commission on Election Integrity’s request for data on state voters.
QUOTE OF THE WEEK: “This is strong-arm robbery. And the weapon is this policy, this legislation. And so we have to stand up and do something about it. We can’t just allow our community, and I’ll say it in this way, to be jacked like this.”—Broward County School Board member Rosalind Osgood, during a meeting in which the board decided to sue over a wide-ranging new state education law.
by Brandon Larrabee, The News Service of Florida
Biloxi Rallies Over Pensacola
July 9, 2017
The Biloxi Shuckers rallied for seven runs in the bottom of the eighth inning Saturday to overcome the Pensacola Blue Wahoos, 11-6, at MGM Park.
Pensacola entered the eighth inning ahead, 6-4, and got the first two outs of the inning before the Shuckers mounted their comeback. Biloxi sent 11 batters to the plate and earned four hits, two walks, a hit batter and one error.
Biloxi second baseman Wendell Rijo and pinch hitter Javier Betancourt scored the first two runs of the inning when center fielder Johnny Davis singled them both in to tie the score, 6-6. Shuckers right fielder Michael Choice doubled in two runs when Betancourt and Davis scored to go up, 8-6. The final three runs scored when left fielder Clint Coulter smashed a three-run homer to left field, his 10th this season, that scored Choice and catcher Jacob Nottingham to make the score, 11-6.
Pensacola relievers Zack Weiss and Brennan Bernardino pitched the eighth. Weiss gave up six runs, one earned, and got the loss, while Bernardino gave up one run on the homer to Coulter.
The rally spoiled a good start by Pensacola, which had a six-run inning of its own in the fifth inning that gave them a 6-1 lead.
Blue Wahoos pitcher Keury Mella doubled to drive in the first two runs in the fifth. Third baseman Josh VanMeter singled to score Mella. First baseman Nick Longhi, who the Cincinnati Reds picked up from the Boston Red Sox seven days ago, doubled to center field with the bases loaded in his first start for the Blue Wahoos to drive in left fielder Tyler Goeddel, VanMeter and center fielder Gabriel Guerrero.
Pensacola starter Keury Mella gave up just one run in the first five innings but then gave up three in the sixth inning that pulled Biloxi within, 6-4. Mella gave up hits to the first three batters he faced in the sixth inning, including Dustin DeMuth’s two-run homer, his fifth of the season.
Mella ended up scattering eight hits and one walk over five innings and giving up four runs, while striking out five.
Biloxi relievers Jorge Lopez and Matt Ramsey held the Blue Wahoos hitless and scoreless over the last three innings and combined to strike out four. Lopez got both victories in relief against Pensacola in the series and is 5-6 this season.
Sarah Barrineau Strand Creel
July 9, 2017
Sarah Barrineau Strand Creel, 86, of Pensacola, FL passed away Friday, July 7, 2017.
Sarah was born February 3, 1931 in Pensacola, FL. She was a lifelong learner and educator. She believed that if you can read, you can accomplish anything. Her love of teaching, reading, and family touched many in the Florida communities of Molino, Barrineau Park, and Pensacola.
Survivors include Clifton “Bud” Creel; Elizabeth Strand (Craig) Fulford; John Strand, Jr.; Elizabeth Creel (Michael) Doyle; Melissa Creel (Kent) Peckenpaugh; Patricia Creel (Joe) Clement; Greg Hayes; Erin Hayes (Chris) Zagotti; Isabella and Caroline Zagotti; Meaghan Doyle; McKenna and Adam Peckenpaugh; and Sarah and Connor Clement.
Visitation will be held 5-7pm Tuesday, July 11, 2017 at Harper-Morris Memorial Chapel. Funeral Service will be 10:30am Wednesday, July 12, 2017 at First United Methodist Church. Burial will follow at Barrancas National Cemetery.
In lieu of flowers, memorial contributions may be made to Alzheimer’s Foundation of America.
William Campbell (Bill) Hurston
July 9, 2017
William Campbell (Bill) Hurston, 91, passed away peacefully on July 6, 2017. He was born, September 16, 1925 to Carl Grady Hurston, Sr., and Neta Campbell Hurston, in Laurel Hill, Florida. He was preceded in death by his parents, sisters Floris Blackwell (Herman), Montgomery, AL, Mayme Steele,(Quentin),Ft. Walton Beach, and brother Grady Hurston, (Essie Dell), Crestview.
He is survived by his wife, Margaret Pilcher Hurston and they recently celebrated their 70th wedding anniversary in April. He is also survived by his sons, Stanley (Laura) Hurston, Mobile, AL, and Rod (Berta) Hurston, Gulf Breeze; and daughters, Jane (Gary) Hermann, Pensacola and Jean (Tim) Walden, Paxton; grandchildren, Blake(Michelle) Hurston, Mobile, Len (Connie) Hurston, Marion, AL, Gail (Rebekah) Hurston, Mobile, Chad Hurston, Atlanta, Kimberly (Tad) Allen, Powell, OH, Lindsey (Jerrod) Sharp, Navarre, Jenny Hermann, Pensacola, Susan (Chris) Crenshaw, Tallahassee, Daniel Walden, Paxton and 10 great grandchildren.
Bill grew up in Laurel Hill and attended school there through high school. His senior year in school he was drafted into the U.S. Army and returned from basic training to graduate with his senior class and then deployed to England and served in a military hospital until WW II ended. He was discharged from the U.S. Army and returned home. He attended Massey Business College for a time in Montgomery, AL and then in 1947 started working at Eglin Field in Base Central Supply and the Base laundry in Administration until 1963.
n 1963 he received a Presidential appointment by President John F. Kennedy as Postmaster of Laurel Hill, FL and served until 1978. He also served as City Clerk for the city of Laurel Hill a number of years. In 1978 he and Margaret moved to Pensacola and he became Assistant Postmaster at Cantonment, FL Post Office until his retirement in 1983.
Bill grew up in Laurel Hill Presbyterian Church and served that church as Elder, Sunday School Supt., and Church Treasurer for many years. When they moved to Pensacola, he and Margaret were active in several local Presbyterian churches including Trinity, Pinewoods, and Northminster, and are now members of Pine Forest United Methodist Church.
Bill was an avid New York Yankees and Florida Gators fan and loved watching his favorite teams. He was a joyful, happy, courteous, and generous man who was friendly to all and ethical and professional in all his postal and administrative job positions.
Visitation will be held from 2:00 to 4:00 P.M. on Monday, July 10, at Bayview Fisher-Pou Chapel with funeral service to follow at 4:00 P.M. officiated by his grandson, Reverend Len Hurston.
In lieu of flowers, contributions can be made in his honor to Covenant Hospice or to a charity of your choice.
Paul N. Crenshaw
July 9, 2017
Paul N. Crenshaw, 73 of Atmore, AL. passed away Wednesday July 5, 2017, in Mobile, AL. He was c-owner with his wife of Paul Crenshaw Machine Shop in Bay Minette. Born in Bay Minette, AL. on June 2, 1944 to the late Edward James and Bessie Wilson Crenshaw. He served in the U.S. Army during Vietnam and served in the Army National Guard.
He was a member of St. Roberts Bellarmine Catholic Church.
He was preceded in death by His Parents.
Survivors are his wife, Brigitte G. Crenshaw of Atmore, AL; two sons Martin (Sandra) Crenshaw of Robertsdale, AL and Benjamin Crenshaw of Atmore, AL; five brothers: James Crenshaw of Jay, FL, Jerry Crenshaw of Perdido, AL, Larry Crenshaw, Tim Crenshaw, and Richard Crenshaw all of Bay Minette, AL; one grandchild Sylvestor Crenshaw and one great-grandchild Lannie Crenshaw..
Services will be Monday July 10, 2017, at 10:00 a.m. from the St. Roberts Bellarmine Catholic Church, with Father Gordon Milstead officiating. Interment will follow in Serenity Gardens with full military honors. Active pallbearers will be Marvin Crenshaw, Jeff Crenshaw, William Taylor, Tim Battles, John Schaloux and Ditto Gorme.
Family will receive friends at Johnson-Quimby Funeral Home July 10, 2017, from 9-10 a.m.
Six People Injured In Highway 29, Highway 97 Crash In Molino
July 8, 2017
Six people, including three juveniles, were injured in a two vehicle crash Saturday afternoon in Molino.
The crash occurred just after noon at the intersection of Highway 29 and Highway 97.
The Florida Highway Patrol said 78-year old Edna Taylor of Molino was in a Lincoln MKZ northbound on Highway 29 in the left turn lane to Highway 97 when she turned directly into the path of a southbound Toyota Prius driven by 22-year old Brittany Neighbors of Queen Creek, AZ.
The MKZ came to rest in the intersection; the Prius crashed into a deep concrete culvert in front of a Tom Thumb store.
Taylor was transported to West Florida Hospital with minor injuries. Neighbors, and her passengers — 50-year old Jeane Hux of Pleasant View, TN, and children ages 6, 10 and 11 — were transported to Sacred Heart Hospital with minor injuries.
Taylor was cited by the FHP for violation of right of way when making a left turn.
The Molino and Cantonment stations of Escambia Fire Rescue and the Escambia County Sheriff’s Office also responded to the crash.
NorthEscambia.com photos, click to enlarge.
Century Sports Association Registration Is Today
July 8, 2017
Football and cheerleader signups will be held Saturday, July 8 for the Century Sports Association.
Registration is open or ages 4-13. Players can register from 9 a.m. until 2 p.m. at Nadine McCaw (Roadside) Park on North Century Boulevard.
Escambia Deputies Found Justified In Cantonment Fatal Shooting
July 8, 2017
The State Attorney’s Office has found that two Escambia County Sheriff’s deputies were justified in the shooting death of a man that fired a gun at them in a Cantonment neighborhood earlier this year.
Marcus Antoine Williams, 34, was shot and killed as he struggled with deputies Jake Bandurski and Katrina Ivins on April 1 in the 2500 block of Southern Oaks Drive.
The deputies responded to a domestic violence complaint involving Williams about 6:30 p.m. and a decision was made to arrest Williams. He fled the scene on foot with both deputies in pursuit. They caught up with him in a yard on Deniro Court, where both deputies gave multiple commands for Williams to get on the ground. He did not comply, with Bandurski deploying his taser as Williams ran toward a tree line, according to the State Attorney’s Office. Bandruski was able to push Williams to the ground.
“Mr. Williams continued to struggle with both deputies as they attempted to handcuff him. Deputy Bandurski then fired his taser striking Mr. Williams with the probes but with no obvious affect. Mr. Williams then began standing up and pulled a small silver semi-automatic handgun from his pocket and fired in the direction of the deputies. Both Deputy Bandurski and Deputy Ivins returned fire striking Mr. Williams multiple times. Mr. Williams died as a result of these wounds,” Assistant State Attorney Greg Marcille said in his findings.
A Ruger semi-automatic pistol was later located under Williams’ body.
“Under these facts, Deputy Bandurski and Deputy Ivins were justified in the use of deadly force in this matter. Probable cause existed for the deputies to believe that Mr. Williams posed a threat of serious physical harm when they fired their weapons,” Marcille concluded. “For these reasons, we will take no further action in this matter.”
Pictured: The scene of a fatal deputy-involved shooting April 1 on Deniro Court in Cantonment. NorthEscambia.com photo, click to enlarge.
Escambia Man Gets Prison On Heroin Charges
July 8, 2017
An Escambia County man has been sentenced to prison on a heroin charge.
Tristan Fairley, age 33, was convicted of trafficking in heroin over 28 grams and possession of drug paraphernalia. Immediately following the verdict, Circuit Judge Scott Duncan sentenced Fairley to 27 years in state prison.
On October 6, 2016, officers with the Pensacola Police Department Vice and Narcotics Unit executed a search warrant on Fairley’s residence in the 1000 Block of North “M” Street. During the search of Fairley’s residence, officers recovered 45 grams of heroin and a digital scale.
Tristan Fairley was on federal probation for the sale of cocaine at the time he was arrested for this offense.
Tate Graduate Savage Completes Military Basic Training
July 8, 2017
U.S. Air Force Airman Phillis K. Savage graduated from basic military training at Joint Base San Antonio-Lackland, San Antonio, Texas.
The airman completed an intensive, eight-week program that included training in military discipline and studies, Air Force core values, physical fitness, and basic warfare principles and skills.
Airmen who complete basic training also earn four credits toward an associate in applied science degree through the Community College of the Air Force.
Savage is the daughter of Sheila and Phillip Savage of Pensacola, sister of Patrick Savage of Pensacola, and Michael G. Jackson of Rockaway, N.Y.
She is a 2016 graduate of Tate High School in Cantonment.