Judge Weighs Legality Of Abortion Waiting Period
November 22, 2017
Lawyers for the state asked a Leon County circuit judge Tuesday to order a trial about the constitutionality of a 2015 state law that would require women to wait 24 hours before having abortions.
But lawyers representing a Gainesville abortion clinic asked Judge Terry Lewis to issue a summary judgment finding the waiting-period law is an unconstitutional violation of women’s privacy rights.
The law is on hold after the Florida Supreme Court this year approved a temporary injunction, sending the case, which involves a clinic run by Gainesville Woman Care LLC, back to the lower courts. Earlier, a trial judge had issued a temporary injunction, but the 1st District Court of Appeal overturned that decision in 2016.
Julia Kaye, a lawyer with the American Civil Liberties Union’s Reproductive Freedom Project, asked Lewis to invalidate the law because it would provide no exceptions in cases where women’s health could be in jeopardy and because the state has not shown a “compelling interest” for restricting the constitutional right to privacy.
“The problem here for the state is that they have admitted that no other medical procedure in Florida, including those that impose greater health risks than abortion, is subject to a mandatory delay,” Kaye said.
Kaye said the state’s “paternalistic argument that women in Florida are not capable” of deciding whether they want abortions or not “is invalid and legally insufficient to support this mandate.”
“Patients may already take additional time to consider their decision if they believe they need additional time,” she said.
Citing testimony from medical experts, Blaine Winship, a lawyer representing the state, said abortion procedures are an “outlier in medical practice” because most other procedures are not performed on the same day that an initial consultation between a doctor and patient takes place.
“The Legislature has acted to bring abortions in line with standard medical practice,” Winship said. “Not out of hostility to the procedure but out of a legitimate concern that women must have the same opportunity for informed consent as patients have with respect with every other invasive procedure that the field of medicine offers.”
Lewis asked Winship why an abortion procedure should be treated differently than a doctor recommending a patient immediately have a gallbladder removed because of health reasons.
Winship said there are provisions in the law where an abortion can immediately be performed if a woman’s life “is threatened.” and another provision that says the doctor can act if he or she “reasonably believes” a life is threatened or the patient’s health is in jeopardy.
“You got to have a darn good reason for doing it,” Winship said. “It really ought to be life-threatening. But if you believe it’s so health- threatening that you’re willing to stand up for doing that, to defend yourself, then you can do it.”
Lewis said the language is vague enough that a doctor could risk disciplinary action by the state Board of Medicine by performing an abortion before the waiting period ends.
Kaye said doctors could face criminal charges.
“It’s not only that that doctors will be dragged before the medical board at risk of losing their licenses,” Kaye said. “This is a criminal statute. They would be at risk of being prosecuted.”
Lewis gave the state and the abortion-clinic lawyers until Dec. 1 to submit proposed orders in the case. He will make his ruling some time after reviewing those proposals.
Tips For An Energy Efficient Thanksgiving
November 22, 2017
Homes will be filled with the aromas of roasting turkeys, sweet potatoes and pecan pies as the traditional start of the holiday cooking season begins with Thanksgiving. This is also when kitchen appliances are pushed into overtime preparing meals to be shared with loved ones.
As you prepare for the holiday celebrations, Gulf Power says extra cooking, activities and people in your home can cause your energy bill to go up, especially when the oven and kitchen appliances are working nonstop.
“Today’s new kitchen appliances use nearly 50 percent less energy than those built just a decade ago” said Rick DelaHaya, Gulf Power spokesperson. “Still, when holiday time rolls around, your energy bills can rise considerably, with your stove, oven, and dishwasher running overtime, and the door to your refrigerator standing open frequently as family members search for hidden treats.”
Thankfully, there are plenty of ways to keep holiday energy costs to a minimum. Here are some no-cost ways to save money and energy in the kitchen and be thankful for the savings on your November energy bills:
* If you expect a large group of people for dinner, lower the thermostat a degree or two before the guests arrive. Otherwise, since people generate heat, the space may become wastefully overheated.
* Check the refrigerator and freezer doors to make sure they seal tightly. This will keep the cold air in and the warm air out. To test, close the refrigerator door on a dollar bill. If you can slip the bill out easily, or, worse, if it falls out on its own, the door needs to be adjusted or the gasket needs to be replaced.
* Plan ahead and remove all ingredients at one time. Each time the door of a refrigerator or freezer is opened, its compressor has to run a bit longer to replace the cold air that spills out.
* When preheating your regular oven for baking, time the preheat period carefully. Five to eight minutes should be enough time. There is no need to preheat for broiling or roasting.
* When roasting or baking, avoid making frequent progress checks that involve opening the oven door. Each time the door is opened, a considerable portion of the oven’s heat escapes and lowers the temperature inside by as much as 25 degrees, which increases cooking time and wastes energy.
* Cook as much of your meal as possible in the oven at one time. Foods with different cooking temperatures often can be cooked simultaneously at one temperature – variations of 25 degrees Fahrenheit in either direction still produce good results and save energy.
* Use a “lids-on” approach to cooking. Tightly fitted lids on pots and pans help keep heat in, enabling you to lower the temperature settings and shorten the cooking times.
* When cooking on top of your range, match the size of the pan to the heating element. More heat will get to the pan and less will be lost to the surrounding air. A six-inch pan on an eight-inch burner will waste over 40 percent of the energy.
* When boiling liquids, start by using the highest temperature settings to reach the boiling point. Then lower the heat control setting and allow the food to simmer until fully cooked.
* Once dinner is done and clean up has started, allow hot foods or liquids to cool off before placing them in the refrigerator. The cooling-off period should not hurt the taste of the food and will reduce the load on the refrigerator. Discard any uncooked food that has remained at room temperature for more than two hours
* When all of the cooking is done, don’t use your oven’s self-cleaning cycle unless a major cleaning job is needed. Wipe up minor spills and splatters with a damp cloth. When you do use the oven’s self-cleaning feature, start the cycle right after cooking, while the oven is still hot, or wait until late evening hours when use of energy is lowest.
* Finally, gather everyone in the kitchen for a cost-effective way to save energy by washing the dishes by hand. If that’s not an option and you use the dishwasher, wash full loads only. If you must rinse your dishes before loading them, use only cold water so you’re not running up your energy bill by heating water unnecessarily.
* Don’t forget to use the energy-saving cycles whenever possible. Dishwashers that feature air power or overnight dry settings can save up to 10 percent of your dishwashing energy costs.
Survey Shows Lowest Thanksgiving Dinner Cost In Five Years
November 22, 2017
American Farm Bureau Federation’s 32nd annual price survey of classic items found on the Thanksgiving Day dinner table indicates the average cost of this year’s feast for 10 is $49.12, a 75-cent decrease from last year’s average of $49.87.
The big ticket item – a 16-pound turkey – came in at a total of $22.38 this year. That’s roughly $1.40 per pound, a decrease of 2 cents per pound, or a total of 36 cents per whole turkey, compared to 2016.
“For the second consecutive year, the overall cost of Thanksgiving dinner has declined,” AFBF Director of Market Intelligence Dr. John Newton said. “The cost of the dinner is the lowest since 2013 and second-lowest since 2011. Even as America’s family farmers and ranchers continue to face economic challenges, they remain committed to providing a safe, abundant and affordable food supply for consumers at Thanksgiving and throughout the year.”
The shopping list for Farm Bureau’s informal survey includes turkey, bread stuffing, sweet potatoes, rolls with butter, peas, cranberries, a veggie tray, pumpkin pie with whipped cream, and coffee and milk, all in quantities sufficient to serve a family of 10 with plenty for leftovers.
Consumers continue to see lower retail turkey prices due to continued large inventory in cold storage, which is up almost double digits from last year, Newton explained.
Foods showing the largest decreases this year in addition to turkey, were a gallon of milk, $2.99; a dozen rolls, $2.26; two nine-inch pie shells, $2.45; a 3-pound bag of sweet potatoes, $3.52; a 1-pound bag of green peas, $1.53; and a group of miscellaneous items including coffee and ingredients necessary to prepare the meal (butter, evaporated milk, onions, eggs, sugar and flour), $2.72.+
“Milk production has increased, resulting in continued low retail prices,” Newton said. “In addition, grocers often use milk as a loss leader to entice consumers to shop at their stores.”
Items that increased modestly in price were: a half-pint of whipping cream, $2.08; a 14-ounce package of cubed bread stuffing, $2.81; a 30-ounce can of pumpkin pie mix, $3.21; a 12-ounce bag of fresh cranberries, $2.43; and a 1-pound veggie tray, $.74.
“Whole whipping cream is up about 4 percent in price, due to increased consumer demand for full-fat dairy products,” Newton said.
After adjusting for inflation, the cost of a Thanksgiving dinner is $20.54, the lowest level since 2010.
Volunteer shoppers checked prices at grocery stores in 39 states for this year’s survey. Farm Bureau volunteer shoppers are asked to look for the best possible prices, without taking advantage of special promotional coupons or purchase deals, such as spending $50 and receiving a free turkey.
Shoppers with an eye for bargains in all areas of the country should be able to purchase individual menu items at prices comparable to the Farm Bureau survey averages. Another option for busy families without a lot of time to cook is ready-to-eat Thanksgiving meals for up to 10 people, with all the trimmings, which are available at many supermarkets and take-out restaurants for around $50 to $75.
The AFBF Thanksgiving dinner survey was first conducted in 1986.
Century Man Busted With UPS Package Containing Seven Pounds Of Pot
November 21, 2017
A Century man has been arrested after allegedly receiving a UPS package full of marijana
The Escambia County Sheriff’s Office Narcotics Unit conducted the controlled delivery of a UPS package to a home on Pine Forest Road as surveillance units watched. A woman opened the door and moved the package indoors. Kendrick Jamar Washington arrived, entered the home, and then placed the package in the backseat of his vehicle, according to an arrest report
As he drove away, deputies immediately stopped him for a seat belt violation. In addition to the package, which contained about seven pounds of marijuana, deputes reported finding plastic baggies containing marijuana, Ecstasy pills and $1,432.
The woman who moved the package inside the residence told deputies that she was on the phone with Washington at the time of the delivery and he told her to move the package that he would soon pick up.
Washington was charged with possession of marijuana with intent to sell, manufacture or deliver and possession of methamphetamine with the intent to sell, manufacture or deliver. He was released from the Escambia County Jail on a $10,000 bond.
FDLE Arrests Escambia County Man For Possession Of Child Porn
November 21, 2017
FDLE agents and the Santa Rosa County Sheriff’s Office today arrested Steven Michael Truax Jr., 30, of 2006 East Johnson Avenue, Apartment #C, Pensacola, Florida for 32 counts of possession of child pornography.
In September 2017, FDLE agents received a tip from the National Center for Missing and Exploited Children (NCMEC) and obtained search warrants for Truax’s residence.
With the information provided by NCMEC, agents seized several electronic devices from Truax’s residence and located an application that contained over 200 child pornography videos featuring children in ages ranging from infants to young teens.
Truax was booked into the Santa Rosa County Jail. The case will be prosecuted by the State Attorney’s Office, First Judicial Circuit, in Escambia County.
Photo: Southern Snow
November 21, 2017
Pictured: Southern Snow — the sun sets over a field of white cotton Monday afternoon on Pine Barren Road in Bratt. NorthEscambia.com photo, click to enlarge.
Century Adopts Florida Forest Service Burn Regulations
November 21, 2017
The Town of Century has officially adopted the outdoor burn regulations set forth by the Florida Forest Service.
Mayor Henry Hawkins said the town could create its own burn ordinances or follow those of the Forest Service to address nuisance burning in the town.
Tips and requirements from the Forest Service to burn yard waste include:
Some tips and requirements to keep in mind before you burn yard waste include:
- Legal burning hours are between 8 a.m. and one hour before sunset.
- It is illegal to burn household garbage (including paper products), treated lumber, plastics, rubber materials, tires, pesticide, paint and aerosol containers.
- Piles greater than 8 feet in diameter will require an authorization from the Division of Forestry.
- Clear down to bare, mineral soil around your pile to prevent the fire from spreading.
- Don’t burn on windy days.
- Never leave a fire unattended – even for a moment. One gust of wind can cause a fire to escape.
- Grass fires can spread quickly. Be prepared. Keep handy a water hose, shovel or other means to put out the fire.
- Make sure the fire is completely out before leaving it – no smoke and no heat.
- If your fire escapes, call for help quickly. Several minutes may pass before a fire department or the Division of Forestry can arrive on scene.
- If your fire escapes, you might be held liable for the cost of suppression and damages to the property of others.
Minimum required setbacks to legally burn yard waste:
- 25 feet from any forested area (grasslands, brush or other wildlands).
- 25 feet from your home or other combustible structure.
- 50 feet from any paved or public roadway.
- 150 feet from any occupied dwelling other than your own home.
The information above applies to those within the town limits of Century and the residents of unincorporated Escambia County.
From The Farm To The City: A Thanksgiving Bounty For The Needy (With Gallery)
November 21, 2017
Students from schools in Escambia and Santa Rosa counties worked in fields near Jay Monday to harvest vegetables that will feed hundreds of needy families later this week for Thanksgiving.
The event at the University of Florida’s West Florida Research and Education Center was part of Farm-City Week, bringing the bounty of the University of Florida Institute of Food and Agricultural Sciences farm to the needy of the city.
The agriculture students from Tate High School, Northview High School, Central High School, Jay High School, Milton High School, LEAD Academy, Earnest Ward Middle School and Beulah Science Academy harvested produce including greens, sorted sweet potatoes and bagged freshly ground corn meal and grits.
The produce will be delivered at the Waterfront Rescue Mission Tuesday to 800 pre-qualified families in need Escambia and Santa Rosa counties.
The event provided an educational opportunity for students to learn more about the crops grown in our county and to learn proper harvesting techniques to prepare the crops for distribution, according to organizers.
Photos for NorthEscambia.com, click to enlarge.
Tate Student Wins Gaetz’s Congressional App Challenge
November 21, 2017
Creative teenagers with a passion for STEM and cybersecurity ascended on the University of West Florida campus on Saturday for the Congressional App Challenge. with a Tate High School student walking away as the winner.
U.S. Rep. Matt Gaetz hosted the Challenge and STEM/Cybersecurity Expo. This marked the first Congressional App Challenge in his district Gaetz said.
Tate High School senior John Chamblee placed first with his stock investment trainer game app. Crestview High seniors Cody Morton and Dakota Waters placed second for their entry and Navarre High senior Jesse Hoskins finished third.
Chamblee said he plans to study cybersecurity at UWF next fall. He cited the opportunity to interact with industry professionals as the highlight of the day for him.
“That was the main reason for coming here,” Chamblee said before pulling out a stack of business cards from the pocket inside his suit jacket. “I wanted to talk to people from Navy Federal, Northrop Grumman and UWF Center for Cybersecurity.”
Gaetz cited the collaboration among academia, military and industry sectors at the Congressional App Challenge as an example of why Northwest Florida is primed to be the Cyber Coast.
“Every high-end cyber warrior in the Navy is going to come through Northwest Florida at Corry Station, and every high-end cyber warrior in the Air Force is going to engage in training at Hurlburt Field,” Gaetz said. “Our job as policymakers is not to export all of that talent. If we’re training them here and introducing Gulf Coast living, we want to make sure that we’ve got the jobs and the industries for those folks to ultimately come back to Northwest Florida and build businesses.”
Pictured top and inset: First place winner of the Congressional App Challenge was John Chamblee of Tate High School. Pictured below: Elizabeth and Deion of Tate High School explain to the judges and Congressman Gaetz the process they took to develop their “Free Birds” app. Pictured bottom: Participants in the Congressional App Challenge. Courtesy photos for NorthEscambia.com, click to enlarge.
Florida Seeks To End Satellite TV Tax Fight
November 21, 2017
Attorney General Pam Bondi’s office has asked the U.S. Supreme Court to reject a challenge to the constitutionality of a state law that sets different tax rates for satellite and cable-television services.
Bondi’s office, representing the Florida Department of Revenue, filed a brief last week arguing that the Supreme Court should not take up the challenge filed by Dish Network.
The satellite TV industry has long argued that a law setting a lower state tax rate for cable services discriminates against satellite companies and violates what is known as the “dormant” Commerce Clause of the U.S. Constitution.
But in the brief last week, attorneys for the state argued that a federal telecommunications law prevents local governments from taxing satellite services. As a result, the brief said, the state set a higher tax rate for satellite services and shares part of the money with local governments. Meanwhile, local governments can tax cable services.
“If a state taxes communications services at the state and local levels, as Florida does, the only way to ensure that the state receives the same revenue from satellite as other communications services while ensuring that local governments may also receive revenue is to tax satellite at a higher rate and share the revenue with local governments,” the 49-page brief said.
The case has high stakes for the state, along with the cable and satellite industries. A 2015 ruling in favor of the satellite industry by the state’s 1st District Court of Appeal raised the possibility of Florida having to pay refunds to satellite companies.
The Florida Supreme Court, however, overturned the 1st District Court of Appeal ruling in April and sided with the Department of Revenue. That prompted Dish Network to take the dispute to the U.S. Supreme Court.
The state’s communications-services tax is s 4.92 percent on the sale of cable services and 9.07 percent on the sale of satellite-TV services. Local governments also can impose communications-services taxes on cable, with rates varying.
Dish Network contends the different state tax rates on satellite and cable are a form of protectionism that violates the “dormant” Commerce Clause, which bars states from discriminating against interstate commerce.
“In particular, it forbids a state from taxing or regulating differently on the basis of where a good is produced or a service is performed,” Dish Network said in a September petition posted on the SCOTUSblog website, which closely tracks the U.S. Supreme Court. “That’s exactly what the unequal Florida tax does. It puts a heavier duty on pay-TV programming that is assembled and delivered without using massive infrastructure within the state.”
But in the brief filed last week, Bondi’s office said the combination of state and local taxes can lead to cable services being taxed at a higher rate than satellite services.
“Because local governments set their own local CST (communications-services tax) rates, the statewide satellite CST cannot perfectly match the combined CST rates for other communications services,” the brief said. “But in all nine years examined, the average satellite subscriber paid a lower CST rate than the average cable subscriber, giving satellite a tax advantage every year.”
It is unclear when the U.S. Supreme Court will decide whether to take up the case.
(Disclosure: The News Service of Florida has a partnership with the Florida Cable Telecommunications Association for the Capital Dateline news show.)
by Jim Saunders, The News Service of Florida