Florida Gov’t Weekly Roundup: Postscripts
April 2, 2016
.No matter what the political fight, there’s almost always a postscript, some lingering bit of fallout that has to be dealt with in the aftermath of victory, defeat or even agreement.
And it was a week of postscripts in Tallahassee. Not any that might require a special session — regardless of a cruel April Fool’s Day tweet from House Speaker Steve Crisafulli, R-Merritt Island — but some that were notable nonetheless.
The Florida Supreme Court issued yet another decision on the redistricting mess, almost six years after lawmakers began the once-a-decade process of redrawing lines for legislative and congressional districts. Also, a federal judge issued a final decision meant to put to an end, once and for all, to the battle over same-sex marriage.
Gov. Rick Scott signed yet more bills sent to him by the Legislature after the regular session that wrapped up in March. And he and the Cabinet bade farewell to one of the last of the group of outsiders who tried to help Scott navigate the treacherous waters of the Capitol after getting elected in 2010.
WINNING MARGINS
For years, the state’s Republican power structure has been bedeviled by the one institution that has seemed beyond its grasp: the Florida Supreme Court. While a majority of the seven justices on the panel were appointed by GOP governors, the more-liberal wing of the court often enjoys a 5-2 advantage on split decisions.
But twice in the last week, the court saw a division that hasn’t been the usual order of things. Chief Justice Jorge Labarga and Justice R. Fred Lewis, both of whom often vote with the liberals, instead joined conservative justices Charles Canady and Ricky Polston in rulings on a proposed constitutional amendment dealing with solar power and the latest installment of the five-year legal tussle over redistricting.
The solar case didn’t focus on the merits of the proposed amendment, sponsored by a group called “Consumers for Smart Solar.” Instead, the court found that the measure meets wording requirements to go on the November ballot, such as being limited to a single subject and being unambiguous.
“When read within the full context of the ballot title and summary, none of the terms contained within the ballot title and summary are misleading and none of the terms constitute political or emotional rhetoric,” the majority opinion said.
The Consumers for Smart Solar measure, which is supported by major utilities, would generally maintain the status quo in allowing Floridians with solar equipment on their property to sell energy to power companies.
Justice Barbara Pariente wrote a sharp dissent Thursday that echoed views of opponents of the initiative.
“Let the pro-solar energy consumers beware,” Pariente wrote in an opinion backed by justices Peggy Quince and James E.C. Perry. “Masquerading as a pro-solar energy initiative, this proposed constitutional amendment, supported by some of Florida’s major investor-owned electric utility companies, actually seeks to constitutionalize the status quo.”
The same 4-3 split emerged on an issue where Pariente has usually held sway: the redistricting process. In this case, groups that successfully sued to overturn a congressional map approved by the Legislature — which critics said violated the anti-gerrymandering “Fair Districts” standards approved by voters in 2010 — wanted the state to pay their legal fees for the appeals process.
It was the first opportunity at the Supreme Court for the groups to try out their proposal for a “private attorney general doctrine,” which would allow private parties to collect legal fees in public-interest lawsuits when the government chooses not to pursue litigation.
It fell flat, with Labarga, Lewis, Canady and Polston rejecting the request without comment. That also drew a rebuke from Pariente, who said the Legislature could hardly be counted on to approve a law allowing for those who challenged redistricting proposals to collect attorney fees. Courts would generally rely on such a law to weigh requests for attorneys’ fees.
“The legislative parties spent millions of dollars at taxpayers’ expense to defend their redistricting plans by hiring private attorneys as well as expert witnesses from across the country,” Pariente wrote. “There can be no doubt that the legislative parties, which vigorously opposed the Fair Districts Amendment at the outset … would have never enacted a prevailing party attorneys’ fee statute to support the enforcement of the Fair Districts Amendment, making adoption of the private attorney general doctrine in this instance all the more critical.”
Meanwhile, a federal judge put a coda on the legal fight over same-sex marriage in Florida. Marriage ceremonies have already been underway for more than a year, but U.S. District Judge Robert Hinkle issued a harshly worded final judgment Thursday rejecting state officials’ arguments that such a ruling was unnecessary after last year’s U.S. Supreme Court decision legalizing same-sex nuptials.
After the U.S. Supreme Court’s decision in the Obergefell v. Hodges case, “one might have expected immediate, unequivocal acceptance,” Hinkle wrote in a 10-page order. Florida lawmakers drew Hinkle’s wrath, at least in part, for refusing during the recent legislative session to address a dispute over birth certificates for children born into same-sex marriages, or to repeal a state law banning gay marriage.
“Here the Florida Legislature has refused to budge; the challenged statutes remain on the books. That result is fully consistent with the defendants’ approach to this case all along. There has been nothing voluntary about the defendants’ change of tack,” Hinkle wrote.
NEED AN AUTO-PEN?
If Scott didn’t already have an ergonomically correct pen before this week, he might be doing some shopping for one now. With the Legislature sending bills to the governor at a relatively brisk pace, Scott spent much of the week churning through proposals that needed his final approval to become law.
The governor signed nearly 30 bills this week, including batches of 14 each on Wednesday and Friday. On Tuesday, he also OK’d a proposal to resolve years of legal disputes between the state and counties about juvenile-detention costs.
The most emotionally resonant measure might have been one (SB 708) setting aside money for the reburial of remains removed from the 1,400-acre site of the former Arthur G. Dozier School for Boys and establishing plans for a memorial at the reform school, which operated from 1900 to 2011 in the Jackson County community of Marianna.
In recent years, tales of abuse at the school have emerged from former students.
“This law finally ends a tragic chapter in Florida’s history,” Senate Minority Leader Arthenia Joyner, a Tampa Democrat who sponsored the bill, said in a prepared statement. “It buries the dead with dignity and establishes a permanent reminder so that the atrocities the children endured at Dozier are neither forgotten nor repeated.”
A 168-page report by University of South Florida researchers was presented to Scott and the Cabinet in January on excavations at the site. The report didn’t verify any students were killed by Dozier staff, but outlined 51 sets of remains unearthed from an area known as the Boot Hill Burial Ground.
The law provides up to $7,500 per family for funeral, reburial and grave-marker costs and calls for the creation of a task force that would make recommendations about an appropriate memorial for the site and how to rebury remains that are unidentified or unclaimed.
Scott also approved a measure (SB 514) that would increase the pay for county supervisors of elections — dramatically in some cases — as well as a bill (SB 912) cracking down on “skimmers” to steal credit-card or debit-card information at gas pumps and a prohibition (SB 938) on selling a number of over-the-counter cough medicines to youths under age 18.
YOU SAY GOODBYE, I DON’T SAY HELLO
Two key figures in Scott’s administration said farewell this week, even as the governor and Chief Financial Officer Jeff Atwater struggled to fill another agency-head position that’s opening up.
The first move was an announcement that Enterprise Florida President and CEO Bill Johnson will leave his job. The announcement came about two weeks after the Legislature declined to go along with Scott’s request to provide the public-private agency with $250 million for corporate recruitment.
The governor’s office announced that Johnson will be “transitioning out” of the Enterprise Florida top job, which he started in March 2015 at an annual salary of $265,000. No reason for the “transitioning out” was provided.
And while the exit of the executive director of the Florida Department of Veteran Affairs might not usually be all that notable, the job is currently held by Mike Prendergast, who was briefly Scott’s first chief of staff and one of the governor’s few early loyalists left in state government.
Prendergast told Scott and the Cabinet that he’s gearing up to run for Citrus County sheriff.
“We do expect you to win if you’re going to do this,” Scott told Prendergast.
The search for Prendergast’s replacement might go more smoothly than the hunt for a new insurance commissioner, which continues after Scott and Atwater couldn’t agree on a candidate.
Atwater recommended that the Florida Cabinet choose state Rep. Bill Hager, R-Delray Beach, for the position and pay him $190,000 a year. Hager is a former Iowa insurance commissioner. But Scott, who had proposed Palm Harbor resident Jeffrey Bragg as a finalist for the position, refused to second Atwater’s motion.
Filling the insurance commissioner job, which attracted 55 applicants, requires the governor and chief financial officer to jointly recommend an applicant for the entire Cabinet to approve.
The Cabinet did unanimously back Scott’s recommendation to hire Leon Biegalski at $150,000 a year to replace departing Department of Revenue Executive Director Marshall Stranburg.
STORY OF THE WEEK: U.S. District Court Judge Robert Hinkle issues a final order declaring that Florida’s voter-approved prohibition against gay marriage is unconstitutional.
QUOTE OF THE WEEK: “It’s a dark chapter in Florida’s history. We sent young men there to be reformed. It was a reform school. We didn’t send young men there to die.”—Rep. Alan Williams, D-Tallahassee, on Scott’s signing of a bill dealing with the former Arthur G. Dozier School for Boys.
$500 Scholarship Available For Senior Student Athletes
April 2, 2016
Pensacola Sports and Whataburger will present scholarships at the Pensacola Sports Senior Scholar Athlete Banquet on May 10.
In total more than $120,000 in scholarships will be awarded to nearly 30 senior athletes during the event.
For the fourth consecutive year, Whataburger and Pensacola Sports will award one male and one female student-athlete with a $500 scholarship to be used toward their first semester’s book expense. Additionally, the two awardees will win “Whataburger for a Year.” Any senior in Escambia or Santa Rosa county is eligible to apply.
The annual banquet recognizes over 200 senior athletes from Escambia and Santa Rosa county schools based on their academic performance combined with the student’s athletic skills. It is common for several of the nominees to be a school’s valedictorian or in the top five percent of their respective class.
Senior student athletes can visit www.pensacolasports.org/whataburgerscholarship/ to complete and submit the scholarship application form. The selection committee is looking for individuals who have performed well in the classroom, participated in a varsity sport(s), and have contributed to their community through volunteer hours and extracurricular activities and clubs. April 26 is the deadline to submit a scholarship application.
Century Man Killed In Head On Traffic Crash
April 1, 2016
A Century man was killed in a two vehicle crash outside Century late Thursday afternoon.
David Michael Mathis, 35, was northbound on Cox Road about 5:40 p.m. in a 2003 Dodge Dakota. According to the Florida Highway Patrol, Mathis crossed the center line into the direct path of a 2014 Toyota Tacoma driven by 21-year old Skyler Ashton Macks of Century, causing the two vehicles to collide head-on.
Mathis, was who was not wearing a seat belt, was pronounced deceased at the scene. Macks was transported to Sacred Heart Hospital in serious condition.
Any charges in the crash are pending the outcome of a traffic homicide investigation.
NorthEscambia.com photos, click to enlarge.
The Top Of The Class Of 2016 From Eight Escambia Schools Honored
April 1, 2016
The top of the Class of 2016 from Escambia County’s high schools were recognized Thursday as the Escambia County Public Schools Foundation hosted the 2016 Senior Academic Awards program.
Eighty-eight of Escambia County’s high school seniors were selected as recipients of the 2016 Senior Academic Awards and were honored for their academic achievement during an awards ceremony at Washington High School.
Honorees included the top five students in each graduating class (listed in alphabetical order), as well as a student from each of the following disciplines: Career & Technology, English, Foreign Language, Math, Science, and Social Studies.
Honorees are listed below under a photo from each school, scroll down, click to enlarge.
Escambia High School: TOP FIVE: Brody Cecil, Avery C. Lockett, Brianna McKinzie, Amirah Yasmeen Allah Muhammad, Kenneth G. Oleson DISCIPLINES: Lauren Walker, Career & Technology; Robert Naylor Groton, English; Madelynn Chase, Foreign Language; Riley Muscha, Math; Isabel Lynn Guerra, Science; Tate Willson Willger, Social Studies.
Northview High School: TOP FIVE: Jessica Amerson, Moriah McGahan, Bethany Reynolds, David Thorpe, Madison Weber DISCIPLINES: Haylee Weaver, Career & Technology; Bradley Van Pelt, English; Lawrence Douglas, Foreign Language; Jensyn Warner, Math; Jessica Amerson, Science; Jada Tucker, Social Studies.
Pensacola High School IB Program: TOP FIVE: Owen Christopher Battel, William Langhorne, Scott A. McGaugh, Philip Tran, Tristan Wu DISCIPLINES: Keegan McMenamin, Career & Technology; Alyssa Marie Nielsen, English; Matea Molina, Foreign Language; Anish Gupta, Math; Ben Southwick, Science; Trevor Odom, Social Studies.
Pensacola High School: TOP FIVE: Alissa Addison, Destinee Brundidge, Max Buchanan, Katherine Engelmeyer, Yutong Liang, Poonam Patel DISCIPLINES: Thao Nhan, Career & Technology; Kierstan Johnson, English; Ty’Drick King, Foreign Language; Na Pham, Math; Kayla Davis, Science; Joseph Earlington, Social Studies.
Pine Forest High School: TOP FIVE: Veronica Christgau, Brittany Makayla Hawkins, Danielle Hoyer, Nina Lance, Jordan Riddle DISCIPLINES: Zachary Goodwin, Career & Technology; Jay Ayer, English; Austin Gunnell, Foreign Language; Alicia Faller, Math, Brittany Makayla Hawkins, Science; Martel Emerson, Social Studies.
Tate High School: TOP FIVE: Kayla Armstead, Angel Chu, Thomas Cummins, Lauren Kirkland, Justin Shelton DISCIPLINES: Megan Ogle, Career & Technology; Abigail Johnson, English, Ashley Mueth, Foreign Language; Hadley Starratt, Math; Madison Tourney, Science; Madison Nelson, Social Studies.
Washington High School: TOP FIVE: Michael Berryman, Emily Dawson, Julia Grissett, Madison O’Toole, Emily Parra DISCIPLINES: Alexis White, Career & Technology; Indica Mattson, English; Jordyn Burt, Foreign Language; Michael Hopko, Math; Sierra Hobbs, Science; Sydney Allen, Social Studies.
West Florida High School: TOP FIVE: Kathryn Reneé Harvell, Noah Tyler Lott, Andy An Phu, Kayla Jordan Romero, Kevin Sanders DISCIPLINES: Mary Margaret Byrd, Career & Technology, Elizabeth Shin, English; Lynn Ruth Arthur, Foreign Language; Lane Markham Isbell, Math; John Allan Facer, Science, Madeleine Annette Hutchison, Social Studies.
In addition National Merit finalists Jessica Amerson from Northview High School, and Scott A. McGaugh and Anish Gupta from Pensacola High School’s IB Program, were recognized.
Area Code Now Required For Landline Phone Users In Walnut Hill, Bratt, Molino
April 1, 2016
Frontier Communications landline users in Walnut Hill, Bratt and Molino must now dial the area code when placing a local call. The mandatory dialing procedure became effective April 1.
Due to the addition of a new telephone exchange number in McCullough, Alabama, and Pensacola, Florida, the new dialing procedure will require Molino and Walnut Hill callers in the 327 and 587 exchanges to use 10 digits (i.e., the area code plus the regular telephone number) for all local calls. Currently, these numbers can be dialed using seven digits. The 10-digit dialing procedure does not make the call a toll call.
For example, when calling Northview High School, customers in the 327 and 587 phone exchanges previously dialed 327-6681, but with the change will now dial (850) 327-6681.
Since February 1, customers in Molino, Bratt and Walnut Hill have been able to use either seven digits or the new 10-digit dialing procedure to place a call from the 850 area code. However, as of April 1, the new 10-digit dialing procedure will be required. Calls placed without using the new 10-digit dialing procedure will not be completed, and a recording will instruct customers to hang up and dial again.
Frontier is reminding customers to reprogram all services and automatic dialing equipment currently set to dial a seven-digit number to include the area code. Examples include life-safety systems or medical devices, PBXs, fax machines, Internet dial-up numbers, alarm and security systems/gates, speed dialers, mobile phone contact lists, call-forwarding settings and voicemail services.
Frontier customers should also check their websites, business stationery, advertising materials, personal and business checks, contact information and personal/pet identification tags to ensure the area code is included.
New Cingular Wireless PSC, LLC, a mobile voice and data communications service provider, obtained a new telephone exchange and forced the change, not Frontier Communications.
Missing Brewton Teen Found Safe In Georgia
April 1, 2016
There’s a happy ending to the nearly two month search for a teen missing from Brewton.
On Thursday, the Brewton Police Department said 16-year-old Brooke Bridges had been found safe and sound in her home state of Georgia. However, officials stressed she was not found in her hometown.
She was found thanks to tip police received on social media Thursday. Police have not confirmed if she was abducted or ran away, but they said she was ready to return to her family in Brewton.
FBI officials said their investigation into the matter is not over; there is no word yet if anyone will face in charges in the case.
Bridges had been missing since she was last seen at the family home in Brewton about 11 pm. on Sunday, February 7.
Photo for NorthEscambia.com, click to enlarge.
Florida Supreme Court Sets Arguments In Slots Case
April 1, 2016
The Florida Supreme Court will hear arguments June 7 in a case involving a Gadsden County horse track that could have widespread implications for pari-mutuels throughout the state.
The court will decide whether Gretna Racing, a tiny horse track with a card room west of Tallahassee operated by the Poarch Creek Indians of Atmore, should be allowed to have slot machines without the express permission of the Legislature.
The court accepted jurisdiction in the case after a split appellate court ruled in October that the track cannot have slot machines without the authorization of the Legislature, even though voters in the county approved slots in a referendum. The 1st District Court of Appeal sided with Attorney General Pam Bondi and Gov. Rick Scott’s administration and also asked the Supreme Court to weigh in on the issue of whether pari-mutuels can have slot machines if local voters approve, or if the games require the express say-so of the Legislature.
A ruling in the Gretna case could affect five other counties — Brevard, Hamilton, Lee, Palm Beach and Washington — where voters have also approved referendums authorizing slots at local pari-mutuels.
The Gretna case hinges on a semantic analysis of a 2009 law establishing eligibility for slot machines at pari-mutuels. The 2009 law, which went into effect the following year, was an expansion of a 2004 voter-approved constitutional amendment that authorized slot machines at seven existing horse and dog tracks and jai-alai frontons in Broward and Miami-Dade counties.
The 2009 change allowed a Hialeah track, which wasn’t operating at the time the amendment was approved, to also operate the lucrative slots. The law in question consists of three clauses, including one that deals with counties outside of Broward and Miami-Dade.
State regulators denied the Gretna track a slots license, arguing the Department of Business and Professional Regulation was “not authorized to issue a slot machine license to a pari-mutuel facility in a county which … holds a countywide referendum to approve such machines, absent a statutory or constitutional provision enacted after July 1, 2010, authorizing such a referendum.”
Florida Lottery Warns Of Email Scam
April 1, 2016
The Florida Lottery is warning citizens of a lottery scam in which scammers are sending emails to the public in an effort to obtain personal and financial information.
The email includes the Florida Lottery logo and uses the Florida Lottery headquarters’ address as part of the letterhead. In further efforts to appear legitimate, the email references other companies, including: LinkedIn and Microsoft. The 
email states that the recipient has won a prize and should contact the listed “Contact Person” to claim his or her prize. The email asks the individual to provide general information required to claim the prize. The email does not ask the individual to pay or provide financial information, but once he or she responds to the “Contact Person”, the scammers will then request financial information and/or that a tax or fee be paid to claim the prize.
The Florida Lottery does not contact players to inform them that they have won a prize unless they have entered a promotional game or second chance drawing on the official Florida Lottery website or social media pages. Individuals who receive an email similar to the one attached should not respond to the email. For more information and to find other tips to protect yourself, please visit flalottery.com. To report a lottery scam, consumers should contact the Florida Lottery’s Division of Security at (850) 487-7730.
License Free Fishing This Weekend In Florida
April 1, 2016
Saturday, April 2 and Sunday, April 3, will be a license–free freshwater fishing weekend for Florida residents and visitors.
Governor Rick Scott said, “License-free fishing weekends are a great way for Floridians and visitors to enjoy the fishing capital of the world and to experience every fishing opportunity Florida has to offer. I hope everyone enjoys springtime in our state and takes advantage of license-free fishing this weekend.”
“This is a great opportunity to expose new anglers to Florida’s rich fishing heritage,” said FWC Chairman Brian Yablonski. “We hope residents and visitors alike are inspired to enjoy a weekend on the water here in Florida, the Fishing Capital of the World. We want hooked fish and hooked anglers!”
This free fishing weekend is a part of the four total license-free fishing weekends the FWC offers each year. All bag limits, closed areas and size restrictions apply on these dates. To learn more about license-free fishing days, visit MyFWC.com/License.
Century Tornado Assistance Waiting List Opens Monday
March 31, 2016
Escambia County and the town of Century are establishing a waiting list beginning Monday, April 4 for town of Century residents requesting housing repair or reconstruction assistance as a result of the February 15 tornado. Only residents in the incorporated town of Century whose housing units were damaged by the tornado are eligible to apply. Owner occupants of manufactured homes are also eligible to apply if they own the property on which the home is located.
Starting April 4, Century residents may call (850) 595-0872 to be placed on the waiting list. Residents must provide the following information when calling:
- Name
- Street address of impacted residence
- Contact phone number
Calls received before April 4 will not be accepted. Services will be made available to income-eligible owner occupants on a first qualified, first served basis as funding permits. Staff will follow up with applicants within five business days to determine program eligibility and to make appointments to begin the application process.
The following chart shows the maximum gross family household income requirements in Escambia County (effective March 28, 2016) for the housing repair and reconstruction activities through the State Housing Initiatives Partnership program, or SHIP. Household income includes income received from all persons residing in the household and from all sources providing income to the household.
Applications are still being accepted for owner occupants needing housing repair or reconstruction assistance from the February 15 and 23 tornadoes. Owner occupants in unincorporated Escambia County can call the Neighborhood Enterprise Division at (850) 595-0022, and those inside the city of Pensacola limits can call the City of Pensacola Housing Office at (850) 858-0306 to apply.