Next Governor, Not Scott, To Pick Three Supreme Court Justices
October 17, 2018
The next governor, and not Gov. Rick Scott, has the authority to appoint three new justices to the Florida Supreme Court, the court ruled.
Scott, who will leave office in January and is running for U.S. Senate, had repeatedly asserted the right to appoint replacements for justices Barbara Pariente, R. Fred Lewis and Peggy Quince, who will leave the court in January because they have reached a mandatory retirement age.
But in a brief, unsigned order, the Supreme Court said Scott “exceeded his authority” in directing a judicial nominating commission to meet and forward a list of potential justices to him by Nov. 10. More than four dozen judges and lawyers submitted applications by a deadline last week to the nominating commission, which had scheduled interviews with the applicants in early November.
But the court ruling blocked Scott’s action through a legal procedure known as a writ of quo warranto, which had been sought by the League of Women Voters of Florida and Common Cause Florida.
The groups argued that the appointment power belonged to the new governor, who takes office on Jan. 8.
In its decision, the Supreme Court said the winner of the Nov. 6 election between Republican Ron DeSantis and Democrat Andrew Gillum “has the sole authority” to fill the court vacancies based on at least two premises.
One premise is that the retiring justices, Pariente, Lewis and Quince, do not leave prior to the end of their terms on the midnight that falls between Jan. 7 and Jan. 8. None of the justices have indicated that they plan an earlier retirement.
The second premise is that the new governor follows the precedent of recent newly elected governors and takes the oath of office prior to Jan. 8, the inauguration day, meaning he officially becomes governor at midnight at the same time the retiring justices’ terms end.
If for some reason, the new governor does not take the pre-arranged oath, Scott would retain his authority as governor along with his power to appoint justices until the new governor takes the oath.
In arguing against the writ, Scott’s lawyers had said he was following the precedent of beginning the appointment process before the vacancies occur, noting numerous justices have been appointed using this procedure to avoid prolonged vacancies on the court.
Although the court ruled that Scott exceeded his authority in seeking a list of potential justices by a Nov. 10 deadline, the justices agreed to hear oral arguments on the issue of when the Supreme Court Judicial Nominating Commission can certify a list of candidates to the governor.
The hearing on that issue is set for Nov. 8.
But the court order also noted the 60-day deadline for making the appointments after the nominations have been certified by the nominating commission “begins to run only when the governor with the authority to appoint has taken office,” citing the state Constitution.
John Mills, a lawyer who represented the League of Women Voters and Common Cause, said the court ruling should slow down the nominating process and allow more judges and lawyers to consider applying to serve on the court.
“While the issue of when the (commission) may make its nominations is yet to be resolved, one thing is clear now — there is no reason for the (commission) to rush through the nominating process as it has been doing,” Mills said in a statement.
He said the “the artificial deadline of applications a month before the election created an unfair chilling effect on many potential applicants, especially those in private practice.”
Mills said “the only fair thing” would be for the nominating commission to halt its process and wait for the Supreme Court’s final order and then reopen the application process.
The appointments to the seven-member Supreme Court are being watched closely because they have the potential to tilt the judicial direction of the state’s highest court for years to come.
Pariente, Lewis and Quince are part of a liberal bloc, which now holds a slim 4-3 majority and has thwarted Scott and the Republican-dominated Legislature on numerous occasions since the governor took office in 2011.
With the court’s ruling, the judicial makeup of the court will largely depend on the result of the Nov. 6 election between Gillum and DeSantis.
Gillum, the mayor of Tallahassee, said he was “pleased” that the court has left the appointments in the hands of the next governor.
“It is a duty I take extremely seriously and, as governor, one of my top priorities will be to restore integrity to the judicial nominating process,” he said in a statement.
DeSantis, a former congressman and Harvard-educated lawyer, had also asserted the next governor would make the court appointments, drawing some criticism in the Republican primary for the stance. He has made it clear that he would favor conservative justices.
“It’s important that we have a governor who understands that we have to appoint solid constitutionalists to our state courts, including our state Supreme Court,” he told Florida Chamber of Commerce members last month.
Blaise Ingoglia, chairman of the state Republican Party, said the “stakes for November’s election just got higher” with the court ruling, warning that a Gillum victory would result in “radical activist justices,” while DeSantis would appoint “strong constitutionalists” to the court.
by Lloyd Dunkelberger, The News Service of Florida
ERC Youth Football Playoffs Begin Saturday (With Brackets)
October 17, 2018
Playoffs begin Saturday for the Escambia River Conference youth football league. Brackets are below.
The NWE Freshmen (ages 5-6) enter the playoffs as the No. 3 seed with a 6-1 record and will take on the No. 6 seed Flomaton Hurricanes this Saturday at 10 a.m. at Jay High School.
The NWE Sophomores (ages 7-8) enter the playoffs as the No. 1 seed, and have earned a first round bye with a 7-0 record. They will take on the winner of the No. 4 Brewton versus No. 5 Straughn game. The Sophomores will take the field against the winner of that game on Saturday, October 27th at 12:45 pm at Northview High School.
The NWE Juniors (ages 9-10) finished their season with a 3-4 record and did not qualify for the playoffs.
The NWE Seniors (11-12) enter the playoffs as the No. 6 Seed with a 4-3 record, they will take on the No. 3 seed Baker Gators this Saturday at approximately 5:15 pm at Jay High School.
Apartment Developer Files Lawsuit Against Century Over Water, Sewer Fees
October 16, 2018
The developers of a new 50-unit apartment complex have filed suit against Century over the amount they were charged to connect water and sewer service.
The Paces Foundation and Century Park Apartments filed the lawsuit in Escambia County Circuit Court against the Town of Century.
In February, Paces submitted a $165,180 check to the town for waster and wastewater tap fees along with a protest letter from attorney William J. Dunaway of the Clark Partington law firm in Pensacola. The letter informed the town that the payment was made in full, but the amount remained in dispute.
In the lawsuit, Paces contends they only owed the town $63,750 for full payment. Calling the over-payment “unlawful”, Paces is seeking a $101,430 refund, legal costs and “such relief that is just and proper”.
The lower fee of $63,750, according to Paces, was decided upon during a 2015 meeting with then-Mayor Freddie McCall and Town Planner Debbie Nickles. The only written agreement to come out of that meeting was a handwritten page showing calculations that Paces said were based upon the 2015 rates as published online in the town’s municipal code. The handwritten document also included a proposed fee for natural gas; however, the developer later opted to go all-electric.
In 2017, the town council passed two resolutions increasing the water and sewer tap fees and charged Paces based upon 50 connections. The apartment complex, according to the lawsuit, has only one master meter that serves all 50 units.
Paces contends they relied upon the lower payment quote in determining their financial options with the apartment development. They contend they were forced to submit the higher fee in order to obtain utility services and obtain a certificate of occupancy for the apartments.
McCall and Nickles did not deny the meeting, nor do they deny the agreement or the approximate $63,000 tap fee. “The town made a commitment to them. To me, they should do the right thing and honor that commitment,” Nickles said during a March town council meeting also attended by McCall.
“Paces responded to the Town of Century’s request that they come in and invest in the Community with an affordable housing plan. Paces relied on the word of Mayor Freddie McCall and the Town Planner, Debbie Nickles, when they negotiated the impact fee for water and sewer for the $10 Million dollar apartment complex. It was wrong for the new Mayor not to honor the deal made with Mayor McCall and Paces believes that the Court will agree,” Dunaway, the attorney for Paces, said Tuesday morning.
Monday night, Century Mayor Henry Hawkins said subpoenas were incorrectly served on Town Clerk Kim Godwin but still listed a former town clerk’s name. Hawkins said that he should have been served as the “highest ranking person” in town government, and “if they are going to serve anybody else, they have to serve them between 11 a.m. and noon.”
“So we are getting them on technicalities,” the mayor said.
Pictured top: Century Park Apartments. Pictured top inset: A check submitted under protest to the town by the Paces Foundation. Pictured bottom inset: The handwritten document Paces contends demonstrated a lower water and sewer tap fee as authorized by town code. Pictured below: Century’s justification for the $165,180 tap fee charged to the developer. NorthEscambia.com photo and images, click to enlarge.
Tate, Northview, Ernest Ward Collecting Supplies For Hurricane Victims
October 16, 2018
Tate High, Northview High and Ernest Ward Middle schools are collecting supplies for victims of Hurricane Michael.
Tate High Supply Drive
Tate High School, the Tate FFA chapter and the Tate Student Council are collecting hurricane relief supplies for delivery on Saturday by the Tate FFA Alumni Foundation. Supplies can be dropped off 8 a.m. to 5 p.m. through Friday at the Tate Ag Department or at the main gate of the football stadium Friday night from 5:30 until 7:30 p.m. For information on items being collected, click the graphic above or click here.
Northview Football Supply Drive
The Northview High School Chiefs are collecting supplies for Blountstown. They need water, canned goods, non-refrigerated baked goods, baby formula, diapers, wipes, pet food, toiletries and clothes with tags on them. All donations can be dropped off in the front office through Friday. The Northview Chiefs will delivery the items on Sunday.
Ernest Ward Supply Drive
The Ernest Ward Middle School SGA is hosting a drive for Hurricane Michael victims. Donations can be made in EWMS front office, or sent with students through October 26. Click here for a list of items being accepted.
Other Supply Drives
Is your North Escambia area school, church or non-profit working to help Hurricane Michael victims? Let us know by email at news@northescambia.com. While they are appreciated, we are unable to list supply drives and collections by individuals. For a list of other ways to donate, click here.
FDOT Halting Local Road Work To Focus On Hurricane Recovery
October 16, 2018
The Florida Department of transportation is temporarily halting construction projects in Escambia and Santa Rosa counties following Hurricane Michael. The DOT will still maintain traffic control devices and provide erosion control as FDOT redirects resources to hurricane recovery efforts. File photo.
Trump Surveys Hurricane Michael Damage
October 16, 2018
Monday, President Donald Trump visited several areas in Northwest Florida that were damaged by Hurricane Michael.
“The job they’ve done in Florida has been incredible,” Trump said, speaking alongside Scott.
“You’re a great Governor. You really have been. He steps up in the biggest emergencies, the biggest problems, and he gets it done.”
For a photo gallery, click here.
Accompanied by his wife Melania, Trump’s trip Monday comes as search and rescue crews continue to look for people still missing after the storm.
The President said that electric companies have been “really incredible and responsive” in getting power back to homes that survived last week’s devastating hurricane, but noted that many homes were destroyed by the storm.
At least 19 deaths have been blamed on the storm along its path from Florida to Virginia.
Among the hardest hit areas was Mexico Beach, a Florida Panhandle town that Governor Scott said now resembles a war zone. [See NorthEscambia.com photos from Mexico Beach...]
Ahead of the Trumps’ visit, Scott toured some of the devastation with Federal Emergency Management Agency chief Brock Long, who said the damage in Mexico Beach is some of the worst he has ever seen.
Mexico Beach police chief Anthony Kelly said, “When you come here and see the devastation, it’s hard, it’s emotionally hard.”
“Looking in the debris, seeing photos of grandkids, people that we know that have come back here year after year, that’s the emotional side,” he said. “I’ve got officers that this is their first catastrophic event, and it’s hard to explain to them, you know, it’s going to get better, because they’re seeing reality.”
The town’s medical manager, Patricia Cantwell, said, “It’s extremely sad that the devastation has been so rampant throughout the Panhandle” of the state.
“Having lived through Hurricane Andrew in south Florida [in 1992], it’s going to take a while,” she said. “It’s one day at a time. It looks overwhelming to start, but, you know, one day at a time. It’s going to take years to get things back up and running.”
For a photo gallery, click here.
Photos for NorthEscambia.com, click to enlarge.
Photos: Fire Destroys Vehicle Near Bratt
October 16, 2018
Fire destroyed a vehicle near Bratt Monday afternoon after driver of a Toyota Highlander pulled the vehicle off the roadway along Highway 168 near North Pine Barren Road.
The fire was extinguished by the Walnut Hill Station of Escambia Fire Rescue.
There were no injuries reported.
Pictured above and below: A vehicle fire Monday afternoon in Bratt before it is extinguished by firefighters (bottom). NorthEscambia.com photos, click to enlarge.
Thousands Of Florida Prison Inmates Evacuated After Michael
October 16, 2018
The Florida Department of Corrections (FDC) has announced evacuations of inmates following structural damage to facilities caused by Hurricane Michael.
The following facilities were evacuated:
- Bay Correctional Facility*; 959
- Gulf Correctional Institution and Annex; 2,618 inmates
- Portion of Calhoun Correctional Institution; 595 inmates
Gulf Correctional Institution and Annex, Gulf Forestry Camp (evacuated prior to the storm) and Panama City Work Release Center (evacuated prior to the storm) are closed until further damage assessment can be completed.
The evacuated facilities sustained significant damage to roofs and security infrastructure. Staff and inmates at these facilities were not injured during the storm. All inmates were secure and had access to food and drinking water through the duration of the storm.
Evacuations took place as soon as the roads leading to the facilities were passable and safe for inmate transport.
Inmate locations are updated on www.dc.state.fl.us within 24 hours of relocation.
NorthEscambia.com file photo, click to enlarge.
Ernest Ward Wraps Up Undefeated Season With Win Over Atmore
October 16, 2018
The Ernest Ward Middle School Eagles wrapped up an undefeated season Monday night with a 22-0 win over the Eagles of Escambia County Middle School (Atmore).
The EWMS Eagles outscored opponents 176-12 in five games. Only Saraland scored against Ernest Ward, the only middle school football team in Escambia County, FL.
Ernest Ward was scheduled to meet Saraland again Thursday night, but that game has been canceled.
NorthEscambia.com photos, click to enlarge.
North Highway 99 Repaving Set To Be Fast Tracked
October 15, 2018
Escambia County is set to fast track a planned resurfacing of North Highway 99 from Walnut Hill to the Alabama State line.
The project was planned for 2024-25, but the Escambia County Commission will vote Thursday on advancing $1,726,325 available in Local Option Sales Tax to this fiscal year and begin the construction solicitation process.
The 8.2 mile roadway runs from Highway 97, past Highway 4 in Bratt and continues to the state line. It is a major north-south transportation corridor for the area. In addition to the school buses that serve Bratt Elementary on North Highway 99, buses travel the road twice-daily between Northview High and Ernest Ward Middle schools.
The asphalt is in poor condition due to high traffic volume, and heavy truck traffic, according to county officials.
The recommended improvements include repair of road base failures, leveling of existing asphalt, installation of a geogrid over widened joints, paving the entire roadway, and restriping 12-foot travel lanes.
The Escambia County Commission will vote on the proposal Thursday evening.
Pictured top: North Highway 99 in Bratt near Highway 168. Pictured below: A closer look at asphalt conditions. Pictured below: North Highway 99 at Highway 4 and (bottom) Highway 164. NorthEscambia.com photos, click to enlarge.
