Assignment of Benefits Bill Back On Track After Broxson Overhaul
March 5, 2019
Three weeks after the issue stalled, a Senate committee Monday moved forward with a proposal that would revamp the controversial insurance practice known as “assignment of benefits.”
The Senate Banking and Insurance Committee voted 5-3 to approve the proposal, which Chairman Doug Broxson, R-Gulf Breeze, overhauled after an earlier version did not have enough support to get out of the committee.
With the 60-day legislative session starting Tuesday, assignment of benefits is the biggest insurance battleground of the year. On Monday, insurers and business groups lined up behind Broxson’s proposal (SB 122), while plaintiffs’ attorneys and several officials from home-repair and windshield-repair firms were opposed.
In assignment of benefits, property owners 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.
The controversy originally centered on water-damage claims to homes in South Florida, but it has moved to other parts of the state and insurance claims for windshield damage.
State Chief Financial Officer Jimmy Patronis appeared at the Senate committee and implored lawmakers to address the issue, which he said is driving up insurance premiums. He also pointed to the divisions among groups lobbying on what is known in the Capitol by the shorthand “AOB.”
“All we’ve got is 60 days to fix this,” Patronis said. “And if we don’t do anything for another 60 days, then we’re just sticking the citizens of the state of Florida with another higher bill because we will continue to pass on the struggles and frustrations that these sides will not get together to discuss and work out. So unfortunately, sometimes you have to be the adult in the room and force legislation upon them.”
Broxson’s original version of the bill only addressed imposing limits on attorney fees, the main request of insurers and business groups. But he had to pull back the proposal after Sen. Tom Lee, R-Thonotosassa, joined Democrats on the committee in opposing it.
The revamped proposal was broader than the original version and won the support of Lee. But it created the same divisions as the earlier version among interest groups.
The proposal, in part, would place limits on assignment of benefits in emergency circumstances. It would include a maximum payment of $3,000, or 1 percent of a homeowner’s coverage limit, when AOBs are used for emergency repairs to homes.
The bill also would place a series of restrictions on AOBs that are outside of emergency repairs. For example, it would set time frames in which consumers could rescind the assignment of benefits. Also, it would revamp attorney fees in disputes between insurers and contractors. The bill would allow the “prevailing party” in such cases to receive attorney fees from the other side.
Critics of the proposal argued it was tilted toward insurers. Lee Jacobson, an Orlando attorney, raised concerns about issues such as the $3,000, or 1 percent, limit on AOBs for emergency repairs to homes.
“When someone is standing ankle deep, they don’t want to be told that their senator voted for a bill that caps damages at 1 percent of what they paid premiums for,” Jacobson said.
But state Insurance Commissioner David Altmaier supported the bill, issuing a statement calling Monday’s vote a “win for consumers across our state.”
“Addressing the AOB crisis will remain a top priority in the coming weeks and months,” Altmaier said. “We must protect Floridians from the bad actors who seek to maximize profits at the expense of every policyholder in our state.”
by Jim Saunders, The News Service of Florida
Public Records Requests For Airline Receipts Unanswered; Mayor Still Says County Approved Purchases
March 5, 2019
Update: NorthEscambia.com has received a partial response to our records requests referenced in this article. We are reviewing documentation and will publish an updated story soon.
Weeks after calling an Escambia County commissioner “a lie” over repayment for over $1,600 in airline travel, Century Mayor Henry Hawkins has yet to produce receipts for the tickets in response to requests from the town council president and NorthEscambia.com.
Hawkins told the town council in January that he spoke to Commissioner Steven Barry who promised reimbursement with county economic development funds. Barry denied the conversation ever took place with Hawkins or anyone else regarding airline tickets and reiterated that such an expenditure would require the approval of the entire county commission.
During a subsequent public meeting, Hawkins called Barry “a lie”. “Just like he called me a lie, I’ll call him a lie,” Hawkins said.
On January 8, NorthEscambia.com made a public records request for emails between the town and Barry related to travel or economic development funds, the airline invoices or receipts and reservation information. As of Monday, March 4, no response had been received.
Monday night, Council President Ann Brooks asked Hawkins why he has yet to respond to her request for the airline ticket receipts, and he said he had signed a confidentiality agreement with an unspecified party. He told Brooks he would “black out” information on the receipts and provide them.
“Mrs. Brooks, I told you before that I got the OK from the county,” the mayor said Monday night. “…I’m not going to rehash this again.”
“But I want the receipts,” Brooks responded.
“I’ll black them out and give them to you,” he said. He also told Reynolds during a council meeting that he would provide the information to NorthEscambia.com, but it would be redacted. Hawkins refused to answer questions about the legal justification for the proposed redactions.
The following charges for airlines or travel services appear on the bill list presented to the town council in December:
- American Airlines $501.40
- Delta Air Lines $366.90
- Expedia $560.92
- Frontier Airlines $214.90
The charges, according to the town’s bill list, were incurred in October.
Under the town’s charter, Hawkins is required to seek advance council approval for purchases in excess of $200.
Escambia Set To Settle Federal Lawsuit Over County Website Accessibility
March 5, 2019
The Escambia County Commission this week will vote on a proposed settlement with a man that filed a federal suit claiming the county website is inaccessible to blind and visually impaired individuals.
Walter Joseph Beckman claimed the website at www.myescambia.com is in violation of Title II of the Americans With Disabilities Act. Title II of the ADA prohibits local governments from excluding qualified individuals with a disability from participation in or the benefits from services, programs or activities of the local government.
A recent decision of the U.S. District Court, Southern District of Florida, has held that the obligations imposed on local governments under Title II are different that those imposed on private or commercial entities under Title III where access to public accommodations is accomplished through their websites.
The proposed settlement under consideration includes payment of $13,800 for attorney’s fees and costs, and $1,000 for alleged damages to Beckman. In addition, the settlement agreement gives the county until the end of the year to make the website accessible to blind and visually impaired individuals subsequent to December 31, 2019.
The Escambia County website is produced in-house.
Escambia Hit And Run Suspect Arrested
March 5, 2019
The Florida Highway Patrol said Monday night that a hit and run suspect has been arrested.
Cherie Renee Wallace, 42, was charged with hit and run and aggravated battery using a deadly weapon. She was released from the Escambia County Jail on a $20,000 bond.
January 30, Wallace was involved in an alleged burglary on Fairfield Drive. She backed her black Toyota Celica into 56-year-old Mark Booth while she was trying to flee the scene, according to the FHP.
Wallace is former resident of Molino, according to police reports.
Prep Ball: Tate, Northview, West Florida
March 5, 2019
SOFTBALL
Tate 15 Pine Forest (JV) 0
The Tate High School JV softball team shut out Pine Forest 15-0 on a cold Monday night at Tate.
West Florida
West Florida Lady Jags participated in the Florida-USA Softball Challenge in Panama City Beach this past weekend and this years 2019 team lead by seniors, Guerra, Klemm, McBride, Morgan and Wiley rose to the occasion and came out with 4 great victories.
Friday night, the Jags defeated Mosley 12-2. Amanda Klemm went 3 for 3 with a walk and stealing 6 bases. MeAsia Armstrong went 2 for 3 with a triple, a walk, and 3 RBIs. Mackenzie McBride went 1 for 3 with a 3-Run Homerun. Jeya Prasad got the win, going 6 innings and striking out 16 batters. The Jags also went into game 2 and defeated Walton High School 9 to 5. Down 5 to 1 in the bottom of the 5th inning, they came back and rallied for 8 runs. Kiauna Watson went 2 for 3 with a double. Meredith Morgan got the win, threw 7 total innings striking out 6.
They opened Saturday morning defeating Lincoln High School 2 to 1. Jeya Prasad went 2 for 3 with an RBI. Kenzi Wiley went 1 for 3 with a double. And during their final game, they defeated Bay High School 21-2. Amanda Klemm went 2 for 3 with 2 doubles, a walk, and 3 RBIs. Kiauna Watson went 3 for 4 with a double, triple, and a homerun, and 5 RBIs. Mikayla Kent and MeAsia Armstrong each also contributed at the plate.
West Florida Lady Jaguars are now 1-0 in district play and 7-0 overall. They Lady Jags will travel to Navarre on Tuesday and host Escambia on Thursday.
BASEBALL
Northview 6, Flomaton 1
The Northview Chiefs beat the Flomaton Hurricanes 6-1 in Flomaton Monday night.
Seth Killam earned the win for Northview walking one while allowing five hits, one run and striking out 12 in seven innings.
For Northview: Bryson Love RBI; Nick Venable 2-4, R; Seth Killam 2-4, R; Ben Wilson R; Jackson Moore 1-4, 2R; Adam Aliff 1-3, 2B.
Northview will host Excel on Thursday – JV at 4:30, varsity at 6:30.
Tate 9, Gulf Breeze 6 (Freshmen)
The Tate High School Freshmen opened their baseball schedule Monday night with a 9-6 win over Gulf Breeze, battling back from a 6-1 deficit.
Warren Henke pitched the win for Tate in four innings, allowing two hits and two runs with nine strikeouts.
For Tate: Paul Whitson 3-3, 2R, RBI, 3B; Warren Henke 1-3, 3R; 2B; Jaxson Stafford 1-2, R, RBI, 2B; Saxon Hill 1-2, 2RBI, 2B; Kirk Mosley 1-1, R, RBI; Wiley Griffin 1-1, R, RBI; Tucker Griffin 1-3, R.
Up next, the Freshmen Aggies will be at Pace Thursday at 7 p.m.
Tate vs. Whitewater, GA – Weather Cancellation
Pictured: The junior varsity Lady Aggies after a win Monday night. Courtesy photo for NorthEscambia.com, click to enlarge.
Century Sanitation Large Trash Collection Delayed Due To Equipment Breakdown
March 5, 2019
Large pick ups like limbs will be delayed for Town of Century sanitation customers. The town’s limb truck is broken down. Mayor Henry Hawkins said he hopes it will be in operation again by Friday.
Northview Weightlifting Beats Jay; Track Places In Baker Meet
March 5, 2019
WEIGHTLIFTING
The Northview Chiefs defeated the Jay Royals Monday afternoon in a dual-weightlifting meet at Jay by a score of 56-28.
Results were as follows:
119-lb. class: 1st – Phillips, Jay; 2nd – Dewise, Jay; 3rd – Ahston Ray, Northview
129-lb. class: 1st – Gary Clayton, Northview
139-lb. class: 1st – Logan Bryan, Northview; Roberson, Jay; Tyler Ray, Northview
154-lb. class: 1st – Jarius Moorer, Northview; 2nd – Kennington, Jay; 3rd – Desse, Jay
169-lb. class: 1st – Aunterio Minor, Northview; 2nd – Roberts, Jay; 3rd – Daniel Merit, Northview
183-lb. class: 1st – Eddings, Jay; 2nd – Rayvon Bush, Northview; 3rd – Ahzavion Gregory, Northview
199-lb. class: 1st – Lance McLaughlin, Northview; 2nd – William Swearengin – Northview; 3rd – Sorrells, Jay
219-lb. class: 1st – Jacob Hawkins, Northview; 2nd – Trevor Scott, Northview; 3rd – Murray, Jay
238-lb. class: 1st – Jojo Parker, Northview; 2nd – Davis, Jay
HVY-lb. class: 1st – Matthew Caine, Northview; 2nd – Cameron Findley, Northview
The Chiefs return to action this Friday in the Baker Gator Invitational.
TRACK & FIELD
Results from Northview High School Track during a recent meet at Baker:
Boys
110 Hurdles-1st place Jarius Moorer
100 meter-2nd place Quay Thomas, 3rd place Daniel Merritt
4×100-2nd place
200 meter-1st place Quay Thomas
Long jump-2nd place Ray Bush
Girls
100 Hurdles-2nd place Karlee Criswell
100 meter-1st Crystal Douglas, 2nd Nene Findley, 3rd Lexi Broadhead
4×100 -1st place
200 meter- 1st Nene Findley, 2nd Crystal Douglas
4×400- 3rd place
High Jump-1st Karlee Criswell
Pictured: Northview defeated Jay in weightlifting Monday afternoon in Jay. Photos for NorthEscambia.com, click to enlarge.
Small Fire Reported At Whataburger In Cantonment
March 4, 2019
Firefighters responded to a small fire at Whataburger in Cantonment Monday afternoon.
The small fire was reportedly contained to an area in the attic or ceiling area over a drive-thru window on the north side of the Highway 29 building. No major damage was reported.
The restaurant was evacuated during the incident. There were no injuries.
The cause of the fire remained under investigation.
The restaurant reopened for business Tuesday afternoon.
NorthEscambia.com photos by Kristi Barbour, click to enlarge.
SRSO: United Bank Robbery Under Investigation
March 4, 2019
The Santa Rosa County Sheriff’s Office is investigating a robbery late Monday morning at the United Bank in the 3600 block of Highway 90 in Pace.
Deputies responded to the bank at about 11:4 a.m. They are looking for a white male in his 40s or 50s wearing a dual-colored zipper jacket that is darker in color on top and lighter on the bottom. The suspect was also wearing a tan baseball cap that was white on the brim. The suspect was last seen on foot on Diamond Street.
No additional information has been released as the investigation continues.
Anyone with information is asked to call Santa Rosa Crime Stoppers at (850) 437-STOP.
Test Shows E. coli Levels At Double The State Limit In Escambia River At Century
March 4, 2019
A recent water quality test of Escambia River near Century’s wastewater treatment plant showed E. coli bacteria levels more than double the state limits, but the bacterial levels did not result from the plant.
According to a report obtained by North Escambia, a state certified lab found E. coli levels of 906 MPN/100ml downstream from the Century wastewater plant and 813 MPN/100ml upstream.
The state limit is 410 MPN/ml for single samples, according Brandy Smith of the Florida Department of Environmental Protection (FDEP). She said different acceptable levels apply depending on the number of samples collected.
“The E. coli samples collected upstream and downstream of the facility’s discharge point do exceed the single sample surface water quality standard for Class III fresh water bodies,” Smith said in an email to NorthEscambia.com. Class III fresh water bodies are those, like the Escambia River, used for recreation, fishing and wildlife.
The samples were taken February 13 as the result of a complaint the FDEP received alleging an unreported spill from Century’s wastewater treatment plant. However, testing revealed effluent discharge from the facility into the river was within guidelines at 10 MPN/100ml.
“The E. coli samples were collected as part of a complaint inspection to help us determine if there were impacts to the river from the wastewater facility. The results do not indicate impacts to the river from the facility,” Smith said. “E. coli levels can be affected by many factors, such as stormwater runoff and wildlife.”
The single sample on February 13 did not warrant any health advisories from the Florida Department of Health.
The Escambia River in North Escambia County is not routinely tested for E. coli, but there have been 64 tests from 2013 to 2018, according to FDEP. Of those, 51 were below the acceptable threshold, and 13 were above. The results over the five-year period ranged from 5 to 2,420 MPN/100ml.
Pictured: The Century wastewater treatment plant. According to the Florida Department of Environmental Protection, the plant was not responsible for high levels of E. coli in the Escambia River. NorthEscambia.com file photo, click to enlarge.