Broxson Plan To Limit Attorney Fees In ‘AOB’ Cases Stalls
February 12, 2019
In what could be a glimpse of the battles to come over the heavily lobbied issue, a Senate committee Monday bottled up a proposal that would limit attorney fees in cases involving the insurance practice known as “assignment of benefits.”
The Senate Banking and Insurance Committee tabled a bill (SB 122) sponsored by Chairman Doug Broxson, R-Gulf Breeze, after it became apparent the measure would fail if brought up for a vote. Though the 2019 legislative session does not start until March 5, it was at least an initial blow to the insurance industry and other business groups pushing to limit attorney fees in so-called AOB cases.
Sen. Tom Lee, R-Thonotosassa, joined three Democrats in opposing the bill, making it impossible for Broxson to patch together a majority on the eight-member committee. Insurers and their allies argue that fee limits are needed because of an increase in AOB litigation that is driving up consumers’ property-insurance premiums.
But Lee said there are “some bad actors on both sides of the equation” and indicated he thought Broxson’s bill could end up hurting consumers who need homes repaired for such things as water damage.
“We are going to kill the patient while we try to cure the problem,” Lee said.
Sen. Keith Perry, however, said the bill “is a step in the right direction” and argued consumers will face higher insurance rates if lawmakers don’t solve the problem.
“We owe it to the working-class people of the state of Florida to do something,” Perry, R-Gainesville, said.
Assignment of benefits is a decades-old practice that has become highly controversial in in recent years. Lawmakers have repeatedly considered proposals to address the issue but have not been able to reach agreement.
In assignment of benefits, homeowners in need of repairs sign over benefits to contractors, who ultimately pursue payments from insurance companies. Insurers contend that the practice has become riddled with fraud and litigation, while plaintiffs’ attorneys and other groups say it helps make sure claims are properly paid.
Broxson’s bill focused only on attorney fees that insurance companies pay in many AOB disputes. While the bill stalled Monday — or, in legislative parlance, was temporarily postponed — it could be brought up again.
Under state law, insurance policyholders are entitled to have their attorney fees paid if they prevail in cases against insurers. In 1972, a Florida Supreme Court ruling also extended the right to recover attorney fees to people, such as contractors, who have been assigned insurance benefits, according to a Senate staff analysis.
But Broxson’s bill would have prevented continuing to extend the right to attorney fees to contractors. The staff analysis said that such a change would “make the assignment of post-loss benefits less valuable. The assignee (the person assigned the benefits) would have to pay his or her own attorney fees to enforce the insurance contract.”
Opponents of Broxson’s bill contend that assignment of benefits and the potential of litigation are needed because insurers sometimes try to avoid paying the amounts of money they should for damage claims. Sen. Darryl Rouson, D-St. Petersburg, said Monday he thinks Broxson’s bill is a “nuclear option to get at a few bad people.”
Supporters of the bill, however, contend that lawyers and restoration companies have abused the assignment-of-benefits system, with the problem initially focusing on water-damage claims in South Florida. They argue the problem has moved to other parts of the state and to types of claims such as replacing vehicle windshields.
“This is a pandemic that is slowly beginning to spread across the state,” Sen. Jeff Brandes, R-St. Petersburg, said.
by Jim Saunders, The News Service of Florida
Tate High Cheerleaders Take 5th In The Nation
February 11, 2019
The Tate High School Cheerleaders won fifth place in the nation in their division Sunday night at UCA National High School Cheerleading Championship in Orlando.
Tate finished in the top five in the Small Varsity Coed division.
Earlier this month, the Tate cheerleaders also brought home a state championship.
The Aggie cheerleaders won the Florida High School Athletic Association Region Small Coed Championship. They were the first squad from Tate High School or Escambia County to take first place in their division since Pine Forest won that honor in the 80s, according to the Escambia County School District. They were also the first Escambia district squad to win since cheerleading was recognized as a sport and included in the FHSAA competitions.
Tate Aggie cheerleaders are Kyndell Ammons, Morgan Austin, Jonah Cass, Bailey Carter, Shelby Fleming, Isabella Floyd, Kensley Foley Hagyn Helton, Payton Herring, Madeline Hughes, Erin Johnson, Elena Lucci, Abi Manoso, Keaden Martin, Kyndal Milsted, Ashlyn NeSmith, Madelyn Ray, Emma Romero, Payton Simmons, Ariyana Wyatt, Krysanne Hagen – co-captain, Emilee Potter – co-captain, and Kennedy Bellard – captain. This year’s head coach is Morgan White and the assistant coach is Annie Wiggins.
“I’m so proud of the work these athletes have put in this year,” White, who spent four years as an Aggie cheerleader, said after the state championship. “We’ve had many trials and hurdles they’ve had to endure, but their resiliency and love for their school continues to push these athletes forward. I feel incredibly blessed to be a part of the Tate High School cheer program.”
Courtesy photos for NorthEscambia.com, click to enlarge.
Molino Lineworker Finds Money In Street, Seeks Out Owner
February 11, 2019
When Jeremy Davey of Molino found some money in the street, his first thought wasn’t to keep it. It was to find the owner.
The 17-year Gulf Power service technician out of the Pine Forest office had completed a trouble ticket in a north Pensacola neighborhood recently and was pulling away when he noticed something in the road.
“I thought, ‘That looks like a bank envelope.’”
Jeremy hopped out of his truck and picked up the envelope. It was sealed, but he could tell there was money in it. He opened it and found $150.88.
“I could tell it had been run over a few times, but what got me was that it was sealed,” he said. “It was almost like someone’s check was cashed.”
He knocked on the door of the home closest to where he found the money, but the owner said it wasn’t his. So he stuck the envelope in his pocket and went back to the office.
He told Brad Butler, general manager – distribution, about his discovery and Brad told him to see if there was a bank nearby and check there.
So the next day Jeremy went to the bank, told the employees his story and they began checking their transactions. When he told them what street he found it, they found a customer who lived there and had cashed a check for $150.88 the day before.
They called the customer who confirmed she had lost the envelope and talked to Jeremy, thanking him profusely.
The woman, who asked that her name not be used, said she had just moved to Pensacola from another state about a month ago and she’s amazed by the friendliness here.
“I was so flabbergasted when I talked to (Jeremy),” she said. “Most people would have just taken the money. For him to show honesty and integrity was huge and he deserves recognition.”
Vice President-Power Delivery Mike Spoor called Jeremy to congratulate him and his supervisor, Toggy Pace, presented him with a recognition item from Brad, as well as Patrick Davidson, leader central maintenance and construction – distribution.
“Jeremy certainly did the right thing, which is one of our NextEra Energy values,” Brad said. “He’s always shown that kind of great customer service.”
Jeremy said it really wasn’t that big of a deal. He was just happy he was able to find the owner.
“If it had been me, I hope someone would have done the same thing,” he said.
Photo for NorthEscambia.com, click to enlarge.
Nine Mile Road Traffic Shifts At Pine Forest On Tuesday
February 11, 2019
All lanes on Nine Mile Road between Pine Forest Road and the entrance to Walmart will be shifted to the north at 6 a.m. Tuesday, February 12 as workers begin construction of the new eastbound roadway. The temporary shift will remain in effect for several months.
The dedicated bike lanes will be closed throughout the shift area. Bicyclists and motorists will share the travel way.
All activities are weather dependent and may be delayed or rescheduled in the event of inclement weather. Drivers are reminded by the Florida Department of Transportation to obey the 35-mph speed limit and to use caution, especially at night, when traveling through the work zone. Motorists should also watch for construction workers and equipment entering and exiting the roadway.
NorthEscambia.com photo. Click images to enlarge.
Driver Injured After Crashing Into Utility Pole In Century
February 11, 2019
One person was injured in a single vehicle crash in Century Sunday night that left part of a neighborhood in the dark.
A 33-year old female was westbound on State Line Road just west of Highway 29 when she lost control, ran off the roadway and struck a utility pole. The Dodge Dart rotated after the crash and came to rest facing east in the roadway.
The driver was transported by Lifeguard Ambulance to Jay Hospital with non-life threatening injuries.
The force of the collision cause a power line to snap, leaving less than a dozen Gulf Power customer without power for several hours.
The wreck is under investigation by the Florida Highway Patrol. Additional details were not released.
The Century Station of Escambia Fire Rescue also responded.
NorthEscambia.com photos, click to enlarge.
Escambia BOCC Weekly Meeting Schedule
February 11, 2019
Here is a schedule of Escambia County public meetings this week:
Monday, Feb. 11
Florida-Alabama Transportation Planning Organization Technical Coordinating Committee – 8:30 a.m., 222 W. Main St.
Escambia County Area Transit Public Workshop – North Escambia Transportation Service Pilot Project – 5 p.m., Walnut Hill Community Center, 7850 Highway 97
Escambia County Marine Advisory Committee – 5:30 p.m., Escambia County Central Office Complex, 3363 West Park Place
Tuesday, Feb. 12
Co:Lab Pensacola Policy Board Meeting – 11 a.m., 418 W. Garden St.
Environmental Enforcement Special Magistrate – 1:30 p.m., Escambia County Central Office Complex, 3363 West Park Place
Pensacola & Perdido Bays Estuary Program Director Shortlisting Committee – 2:30 p.m., Ernie Lee Magaha Government Building, 221 Palafox Place, 4th Floor Training Room
Affordable Housing Advisory Committee – 5 p.m., 420 W. Chase St.
Merit System Protection Board – 5 p.m., Ernie Lee Magaha Government Building, 221 Palafox Place, 4th Floor Training Room
Escambia County Housing Finance Authority – 5 p.m., 700 S. Palafox St., Suite 310
District 5 Town Hall Meeting with Commissioner Steven Barry – 5:30 p.m., Molino Community Center, 6450 Highway 95-A North
Wednesday, Feb. 13
Ensley South Neighborhood Cleanup – 7 a.m.
Florida-Alabama Transportation Planning Organization Board – 9 a.m., Pensacola Library, 239 N. Spring St.
Development Review Committee -1 p.m., Escambia County Central Office Complex, 3363 West Park Place
Santa Rosa Island Authority Board – 5 p.m., 1 Via De Luna Drive, Pensacola Beach
Thursday, Feb. 14
Committee of the Whole – 9 a.m., Ernie Lee Magaha Government Building, Board Chambers, 221 Palafox Place
NorthEscambia.com, click to enlarge.
Inmate Health Costs Drive Up Florida Prison Budget
February 11, 2019
Gov. Ron DeSantis wants to fund the Florida Department of Corrections next year at $2.7 billion, a spending plan that has some criminal-justice reform advocates pointing to struggles facing Florida’s prison system as a result of increased health-care costs.
Following litigation, the state needs to meet court mandates requiring it to provide better treatment for inmates with Hepatitis C, mental illnesses and disabilities. Those issues, mixed with an aging prison population that is driving up health costs, has led DeSantis to propose a $120 million increase to cover inmates’ health care.
“The story this budget tells is that we are simply funding the mandated costs of court orders and trying to keep the lights on in the prison system,” said Sen. Jeff Brandes, a St. Petersburg Republican who chairs the Senate panel that oversees prison funding.
The blueprint of DeSantis’ spending plan for the Department of Corrections, roughly 3 percent of the entire budget, includes $14 million for increased costs of pharmaceuticals, $37 million to better treat inmates with Hepatitis C and $86 million to enhance contracted inmate health services. While those issues total $137 million, the overall increase would be about $120 million because the budget proposal also would cut some spending included in the current year’s budget.
While the state deals with increased pharmaceutical costs, DeSantis has directed Corrections Secretary Mark Inch to explore various strategies to drive those expenses down, including further negotiations with pharmaceutical companies and bulk purchases, according to language in the proposed budget.
A lot of those costs stem from litigation brought by attorneys for the Florida Justice Institute. A federal judge found that the Department of Corrections had failed to treat prisoners with Hepatitis C despite the fact that medications had been available. The court also found the lack of treatment was due to financial issues.
With the 2019 legislative session starting March 5, Brandes has been sounding the alarm about the prison system being in “crisis” as a result of a prison guard shortage, increased contraband in prisons and a rise in officer-on-inmate violence.
“Right now, the corrections system is largely a health care provider that houses inmates,” Brandes said. “There’s a lack of education and transition programs because of the enormity of money we are spending on health care.”
DeSantis proposed an overall $91.3 billion budget for the 2019-2020 fiscal year, which starts July 1. Lawmakers will use the governor’s proposal as they negotiate a final spending plan this spring.
Other parts of the criminal justice system that are funded by the state include the Department of Juvenile Justice, which DeSantis wants to fund at $602 million next year, about $437,000 less than the current year.
DeSantis has appointed Simone Marstiller to head the juvenile justice department. In the past, Marstiller has been a vocal proponent of putting more focus on rehabilitation instead of incarceration, as well as giving discretion to judges to depart from mandatory minimums in sentencing.
Christian Minor, executive director for the Florida Juvenile Justice Association, was pleased to see the level of funding DeSantis proposed for prevention, intervention and residential services in the upcoming budget.
by Ana Ceballos, The News Service of Florida
Pictured: Inmate medical facilities inside the Century Correctional Institution. NorthEscambia.com file photos.
Cantonment Man Facing Battery, Child Abuse Charges
February 10, 2019
An Cantonment man was charged with child abuse and domestic violence charges.
Gregory Fountain, 50, was charged with cruelty toward a child and domestic battery by strangulation.
Fountain allegedly struck the child in the face multiple times, pushed them into a wall and placed them in a choke hold, according to a police report. The victim was transported to Sacred Heart Hospital for treatment. The age and gender of the child were redacted.
Fountain was highly intoxicated and told Pensacola Police officers that he was “tussling” with the victim, an arrest report states.
He was released from the Escambia County Jail on a $5,000 bond.
Escambia County Receives $1.1 Million Offer For 15 Acres Of OLF-8
February 10, 2019
Escambia County has received another offer to purchase part of the Navy Outlying Field 8 (OLF -8) property on Nine Mile Road, directly west of the Navy Federal Credit Union.
Black Water Development Company of Birmingham has offered $1.1 million for 15 acres with frontage on Nine Mile Road to construct a commercial center with a mix of retail, small offices and restaurants.
Last month, Hemmer Consulting of Pensacola, 68 Ventures of Spanish Fort, AL, and their affiliated companies offered $18 million for approximately 530 acres. Navy Federal has offered to purchase the other 100 acres of OLF-8 for $4.2 million.
Escambia County acquired OLF-8 in a land swap with the U.S. Navy for property in Santa Rosa County.
If the county decides to sell the property, it is legally obligated to declare the acreage surplus and sell to the highest bidder.
Molino Library Continues Mountain Dulcimer Classes
February 10, 2019
The Molino Branch Library is continuing weekly classes were you can learn to play the mountain dulcimer.
The “Molino Melodies” class is held at 6 p.m. each Tuesday at the library. The class is free, and no experience or materials are required. Dulcimers are provided for the class.
Pictured: A January mountain dulcimer class at the Molino Branch Library. NorthEscambia.com photos, click to enlarge.
