Florida Gov’t Weekly Roundup: A Sinking Feeling About Insurance, Fair Districts Fair
September 11, 2011
A crack in the foundation of the insurance industry’s push for higher sinkhole premiums appeared this week: opposition to the proposed rate increases has gotten so loud that it can’t be ignored no matter how much the rate increases might make sense financially.
With some coastal residents facing sinkhole premium hikes of more than 2,000 percent, the state-backed insurer Citizens Property this week said, essentially, ‘Well, OK, maybe that’s a bit much – we’ll see what we can do.”
Meanwhile, a controversial state law requiring new financial assistance applicants to pass drug tests before receiving benefits moved to federal court this week following a challenge by the American Civil Liberties Union and a U.S. Navy veteran who contend applicants shouldn’t have to offer a specimen simply because they are in temporary financial straits.
Responding from another federal courtroom in Miami, a judge upheld the “Fair Districts” amendment governing the drawing of congressional districts. In a ruling issued Friday, Judge Ursula Ungaro rejected an effort by two members of Congress to have the requirement thrown out. The two had argued the new constitutional requirement will make it impossible to draw minority access districts.
A cloud was cast over the week’s activities by the deaths of a pair of political insiders. Republican Party of Florida Chairman Dave Bitner, 62, and Republican lawyer and environmental activist Thom Rumberger, 79, both died this week, both leaving behind a host of admirers.
CITIZENS SINKHOLE RATE PHASE -IN LIKELY
Responding to cries from policyholders who could see their rates shoot through the roof, Citizens’ new chairman, former state legislator Carlos Lacasa, called a special meeting of the insurer’s board of governors to discuss ways to temper the blow of proposed sinkhole premium increases to many of its 1.4 million policies.
Citizens officials said they will consider phasing in sinkhole premium hikes required by lawmakers earlier this year as they try to balance actuarial soundness and political realty in the face of objections from customers of the state’s largest property insurer.
The announcement came as the company readied for a public hearing Tuesday in Tampa, a location near the epicenter of sinkhole claims and activity. The board voted in July to approve the premium increases.
Citizens officials have said repeatedly that sinkhole claims are threatening the company, its policyholders, and maybe the state’s residents, who back the company and would bail it out in the event of failure. Last year, the company collected $32 million in sinkhole premium, but paid out nearly $250 million in claims.
“FAIR DISTRICTS” FAIR: FEDERAL JUDGE SAYS.
Turning aside a challenge from a bipartisan pair of members of Congress who had opposed the measure, U.S. District Judge Ursula Ungaro, said she heard nothing in oral arguments that swayed her that the Fair District Amendments weren’t fair – or at least legal.
The amendment, which is aimed at cutting back on politically gerrymandered districts, was overwhelmingly approved by voters in last year’s elections, as was another dealing with legislative districts.
Attorneys for U.S. Reps. Corrine Brown, a Democrat, and Republican Mario Diaz-Balart argued it was an unconstitutional infringement on the Legislature’s rights under the U.S. Constitution to draw the lines. Brown and Diaz-Balart, who also fear the standards could hurt minority representation, promised to appeal.
“It’s just step one, and we’re going on all the way to the Supreme Court, if necessary,” Brown said.
ACLU CHALLENGES DRUG TESTS
A new Florida law requiring applicants to pass drug tests before getting temporary cash assistance from the government amounts to unconstitutional suspicionless searches, the ACLU contended in a lawsuit filed this week in federal court to shut the program down.
As of July 1, new applicants for temporary government assistance through the program known as TANF, or Temporary Assistance to Needy Families, were required to pay for a drug test. If the test comes back negative, the fee is repaid by the state. A positive test bars the applicant from receiving benefits for a year.
“The new law assumes that everyone who needs a little help has a drug problem,” said Luis Lebron, a University of Central Florida accounting undergraduate and U.S. Navy vet who is the lead plaintiff in the class action lawsuit. “It’s wrong and unfair. It judges a whole group of people on their temporary economic situation.”
Backers of the measure, including Gov. Rick Scott, say private businesses have been requiring such tests for years and government should be no different. A survey released Wednesday by the Drug and Alcohol Testing Industry Association, a trade group for testing companies, found 57 percent of employers conduct drug tests on all job candidates.
Critics argue that recipients are being singled out based on a myth that poor people are more likely to use illegal drugs. They point out that other government programs such as student loans, food stamps and business grants do not require recipients to be screened for drug use.
NAN RICH LOOKS TOWARD 2012:
Senate Democratic Leader Nan Rich is considering a 2014 run for governor. Rich said this past week that Gov. Rick Scott’s priorities have been made clear by the state’s budget and she thinks most Floridians don’t share his priorities.
The longtime children’s advocate, who has been in the Legislature since 2000, said she’s talking to possible supporters to decide whether she should run. So far, no prominent Democrats have announced for the race.
“I think I would be a good governor,” Rich said
PSC OLD HAT TO WEAR NEW HAT
Looking for new blood to lead the Florida Public Service Commission, the commission this week turned to an old hand by choosing former Commissioner Braulio Baez to come back as the agency’s new executive director on a 3-2 vote.
Supporters pointed to his knowledge of the agency, while dissenters said he lacked management experience and raised a concern about a past ethics violation. Baez will replace Tim Devlin, who was forced out as executive director in May.
REPUBLICANS, FRIENDS SAY GOODBYE TO BITNER, RUMBERGER
Friends and colleagues bid farewell this week to Dave Bitner, Republican Party of Florida chairman, who died this week following a short battle with amyotrophic lateral sclerosis, or ALS. He was 62.
Just recently Bitner had announced he was stepping down as head of the party, saying the degenerative disease was making it impossible for him to carry on his duties.
He recommended that he be succeeded by his vice chairman, Lenny Curry of Jacksonville, and several top party activists have said now it’s even more likely that the party leaders will go along and make Curry the next chairman.
Bitner was widely seen as a steadying presence at a Republican organization rocked in recent years by scandal and political divisions.
Prominent Republican attorney and longtime environmental advocate, Thom Rumberger died Wednesday following complications from diabetes. He was 79.
Rumberger had a long career of public service and lawyering, and was also considered one of the pre-eminent advocates for Everglades protection and restoration.
Rumberger most recently was also among those who worked in favor of the “Fair Districts” amendments to the constitution that were in court on Friday – notable because he was one of the few Republicans in favor of the plan.
He was also a former judge and lost a 1970 bid for attorney general to Bob Shevin. Rumberger was one of the founders of the law firm Rumberger, Kirk and Caldwell.
SAY WHAT YOU MEAN, MEAN WHAT YOU SAY
A pair of political leaders this week found themselves in the middle of controversies after comments on separate issues left some room for debate as to just what they meant.
Depending on what you read, Gov. Scott either expressed cautious interest in drilling in the Everglades or said that in an abundance of caution, such a suggestion was for now off the table.
Ambiguous – some might say avoiding – comments made by Scott this week during an Economic Club of Florida speech led some media outlets to report Scott was on board with Everglades exploration, a stance held by U.S. presidential candidate Michele Bachmann, when given a couple chances to rule it out, he didn’t.
“With regard to the Everglades, I think we have to be very cautious if there’s going to be any more drilling,” Scott said in answer to a question from the audience. “It’s my understanding, we haven’t had any problems to date so my goal would be to be very cautious.”
Shortly after Scott’s appearance, spokeswoman Amy Graham said far more clearly what the administration now says the governor was trying to say: When it comes to drilling in the Everglades, “that discussion is not on the table.” Graham said.
Meanwhile, Jacksonville Mayor Alvin Brown’s position on a tolled outer beltway around the southwestern part of Jacksonville similarly was hard to read. Brown position on the beltway has gone from not supporting to supporting it to partly supporting it. Similarly, a Brown employee, former Sen. Tony Hill, had to clarify for the waffling mayor this week: cutting the baby in half. Brown supports the beltway, Hill said, but doesn’t support tolls.
STORY OF THE WEEK: The board of governors of Citizens Property Insurance looks at a mob of angry policy holders and says, maybe 2000 percent premium increases are a bit much.
QUOTE OF THE WEEK: “It’s sad that Floridians had to hire an army of lawyers to protect themselves from their own elected officials.” Dan Gelber, lawyer for Fair Districts backers, after a federal judge rejected an effort by two members of Congress to get the redistricting out of the constitution.
By Michael Peltier
The News Service of Florida
Monday Is Last Day To Register To Vote In Century Election
September 11, 2011
Monday is the last day for residents of Century to register to vote in the October 11, 2011, Town of Century election, according to Escambia County Supervisor of Elections David H. Stafford.
Florida law mandates that registration books close 29 days before an election. New registrations must be completed or postmarked on or before Monday, September 12th in order for them to be effective for the October election. Updates to a voter’s address, name, and signature are permitted after the book closing deadline.
There are several ways for citizens to register or update their record:
Online/By Mail: Visit www.escambiavotes.com and complete, print, and sign the online application. Be sure to include a valid Florida Driver’s License number, a valid Florida ID number, or the last four digits of your Social Security Number in the appropriate space. Mail the completed application no later than September 12th to: Escambia County Supervisor of Elections, PO Box 12601, Pensacola, FL 32591-2601. Or, take the completed application to the Elections Office at 213 Palafox Place, 2nd Floor, in downtown Pensacola. Or, call (595-3900) or e-mail the Elections Office (soe@escambiavotes.com) for more information.
In Person: You can register at the Elections Office at 213 Palafox Place, 2nd Floor, in downtown Pensacola, at any Florida Driver’s License Office, and several other governmental offices and public assistance centers. Registration forms are also available to pick up at many locations countywide. For a complete list of locations throughout Escambia County, visit www.escambiavotes.com or call or e-mail the Elections Office.
Birth: Myles Robert Odom
September 11, 2011
Arthur and Susan Odom of Atmore proudly announce the birth of their son, Myles Robert Odom. Myles was born January 24, 2011, at Sarasota Memorial Hospital. He weighed just 1-pound, 13-ounces. Our miracle came home the first of May.
Maternal grandparents are Gail Webster and the late Robert Webster of Atmore. Paternal grandparents are Jim and Jeanette Odom, of Bay Minette. Maternal great-grandmother is the late Dorothy Oneal of New Castle, Indiana.
Myles was welcomed home by his brothers and sisters, Melissa, Kimberly, Ashley, Darian, Dane and Karen.
Birth: David Brandon Forehand
September 11, 2011
Brandon and Mandy Forehand along with big sister “Lady” are proud to announce the birth of David Brandon Forehand. David was born on Tuesday, September. 6, 2011, at Baptist Hospital in Pensacola at 11:08 p.m. He weighed 5-pounds 12-ounces and was 19-inches long.
David is the grandson of Steve and Brenda Forehand of Milton; Marvin and Cathy Giddeon of Pensacola and Spencerville, OH; and Theresa Giddeon of Pensacola. He is the great-grandson of Mary and the late S. L. Forehand of Geneva, AL; Carlton and Virginia Singleton of Pensacola; Barbara Giddeon and Michael Geri, and the late Ken Giddeon, all of Pensacola; Doris and the late Ernest Kinsley of Pensacola; and Ed Brewer of Arizona.
Teen, 16, Seriously Injured In Vehicle Vs. Go-Kart Crash
September 10, 2011
A 16-year boy is facing charges after being seriously injured in a collision between a car and his go-kart Saturday afternoon in Molino.
Jacob Scott Munro of Molino was headed east on Bet Raines Road on his go-kart about 3:45 p.m. when he traveled through a stop sign into the path of a Toyota Prius driven by Sophia K. Awadh, 48, of Pensacola. Munro collided with the side of the Toyota, causing the go-kart to rotate and partially eject him. Adwadh continued through a ditch and came to a stop in a nearby yard.
Munro was airlifted by LifeFlight to Sacred Heart Hospital in Pensacola in serious condition.
Munro was charged with violation of right of way and operating a low speed vehicle without proper equipment, according to the Florida Highway Patrol. Awadh was not charged in connection with the crash.
The Molino Station of Escambia Fire Rescue and Escambia County EMS also responded to the crash.
Pictured above: A 16-year old is moved to LifeFlight by first responders Saturday afternoon in Molino. Pictured below: The boy’s go-kart apparently collided with this car at the intersection of Bet Raines Road and Nicholson Drive. NorthEscambia.com photos, click to enlarge.
McDavid Man Caught Red Handed In Kim’s Pharmacy Burglary
September 10, 2011
A McDavid man was busted when he was caught red handed in the act of burglarizing a Cantonment pharmacy.
The Escambia County Sheriff’s Office received an alarm call at Kim’s Pharmacy near Grocery Advantage on Highway 29 about 1:30 Friday morning. The alarm company was able to hear someone moving inside the business.
Updated: Just released from jail on bond for this burglary, Dunlavy was arrested again Sunday for grand theft. Click here for an update.
When Deputy Sam Shelley arrived moments later, he saw the suspect inside the pharmacy. Additional deputies responded, along with a K-9 unit, and a brief search of the area followed.
Michael Scott Dunlavy, age 23 of Highway 164, surrendered without incident as deputies cleared the building.
“Dunlavy admitted to deputies that he was looking for money or drugs that he could sell for money,” according to Sgt. Mike Ward, public information officer for the Escambia County Sheriff’s Office. “Due to the quick response, Dunlavy was unable to take any items within the business.” The only damage the pharmacy sustained was to the front door.
Dunlavy was charged with burglary, possession of burglary tools and criminal mischief. He was released from the Escambia County Jail on an $11,000 bond.
Bratt Child Molester’s Sentence Cut From Life To 25 Years
September 10, 2011
A 73-year old Bratt child molester’s life sentence was reduced to 25 years by an Escambia County judge Friday afternoon.
Jody Posey was re-sentenced by Judge Michael Allen to 25 years state prison followed by lifetime community control, and he was designated as a sexual predator.
Posey received the life sentence in early 2010 from Escambia County Circuit Court Judge Kenneth Williams after being convicted by an Escambia County jury on charges of lewd or lascivious molestation of a child under 12.
The Florida First District Court of Appeals found that the life sentence handed down by Judge Williams was improper and sent the case back to Escambia County Circuit Court for re-sentencing before a different judge. In quashing the life sentence, the District Court of Appeals found it violated the precedent set forth by another case in which the judge erred by appearing to punish the defendant for failure to show remorse for a crime in which he denied involvement.
Posey’s conviction was affirmed by the appeals court.
He was arrested March 5, 2009, for fondling a five-year old girl at his residence at 7100 North Pine Road in Bratt between November 2007 and January 2009.
The child victim took the witness stand and testified about Posey touching her underneath her clothes as she sat on his lap. The most recent molestation reported by the five-year old was January 9, 2009. The girl told officials that Posey said she would go to jail if she told anyone about the incidents.
Posey was also convicted of molesting another girl at his home between 2001 and 2006. He was sentenced to five years in state prison on those charges. His appeal on that conviction was dismissed by the appellate court.
Northview Chiefs Open With Solid 27-14 Win Over Marianna
September 10, 2011
The Northview Chiefs opened their 2011 regular season with a 27-14 win over Marianna Friday night.
Northview held a 14-0 lead at the half Friday night in Marianna and increased their lead to 24-0 by the third quarter.
Junior running back Roderick Woods had a couple of touchdowns for the Chiefs, while junior running back LaMikal Kyles also had a first half TD. In the fourth, senior Brandon Sheets added another Chiefs’ touchdown.
The Chiefs, ranked No. 2 in the state, sat out last week with a rare first week open date. It will be another long road trip for the Northview Chiefs (1-0) next Friday night as they travel to Chipley.
For a gallery of reader submitted photos from Marianna, click here.
Pictured top: Members of the Northview Chiefs celebrate a win over Marianna Friday night. Pictured inset: The Chiefs’ cheerleaders lead the crowd Friday night in Marianna. Reader submitted photos by Wayne Holland, Charla Starkk, Chandra Rigby, Megan Carroll, Connie Brook and Matthew Brook for NorthEscambia.com, click to enlarge.
Fort Walton Beats Tate, 33-0
September 10, 2011
The Fort Walton Beach Vikings beat the Tate High School Aggies Friday night 33-0. The Aggies were led by quarterback David Moorhead who was 11 for 22 for 95 yards on the road in Fort Walton Beach.
Tate was coming off a tough 42-0 loss last week against St. Charles Catholic of LaPlace, Louisiana. The Aggies (0-2) will be much closer to home next week as they travel to West Florida at 7 p.m.
For a photo gallery from the game, click here.
Pictured: The Tate Aggies lost on the road at Fort Walton Friday night. NorthEscambia.com photos by Gary Carnley, click to enlarge.
Area Bank Fails, Seized By FDIC
September 10, 2011
Federal regulators closed a bank Friday that has branches in Escambia and Santa Rosa counties, the 71st bank failure this year.
The First National Bank of Florida based in Milton was closed by the Office of the Comptroller of the Currency, which appointed the Federal Deposit Insurance Corporation (FDIC) as receiver. To protect the depositors, the FDIC entered into a purchase and assumption agreement with CharterBank in West Point, Georgia, to assume all of the deposits of The First National Bank of Florida.
The eight branches of The First National Bank of Florida — including those in Milton, Pace, Pensacola and Milton — will reopen during their normal business hours beginning Saturday as branches of CharterBank. Depositors of The First National Bank of Florida will automatically become depositors of CharterBank. Customers of The First National Bank of Florida should continue to use their existing branch until they receive notice from CharterBank that it has completed systems changes to allow other CharterBank branches to process their accounts as well.
Over the weekend, depositors of The First National Bank of Florida can access their money by writing checks or using ATM or debit cards. Checks drawn on the bank will continue to be processed. Loan customers should continue to make their payments as usual.
As of June 30, 2011, The First National Bank of Florida had approximately $296.8 million in total assets and $280.1 million in total deposits. In addition to assuming all of the deposits of the failed bank, CharterBank agreed to purchase essentially all of the assets.