State Asks Justices To Clear Way For Amendments
September 18, 2018
Saying First Amendment arguments raised by opponents are “irreconcilable with our constitutional history,” Attorney General Pam Bondi’s office Monday asked the Florida Supreme Court to overturn a ruling that could block at least three proposed constitutional amendments from going on the November ballot.
Bondi’s office filed a 44-page brief in a battle focused on proposed amendments that the Florida Constitution Revision Commission approved this spring. Leon County Circuit Judge Karen Gievers ruled Sept. 5 that the proposals should not go on the ballot because they improperly “bundled” unrelated issues.
In doing so, Gievers sided with arguments raised by former Supreme Court Justice Harry Lee Anstead and fellow plaintiff Robert J. Barnas, who contend the bundled proposals would violate voters’ First Amendment rights. That contention stems from voters potentially having conflicting opinions about issues in the same proposal.
But the brief Monday assailed that argument, describing it as a “novel constitutional theory.” The brief pointed, for example, to state and federal constitutional changes that bundled different issues.
“In short, our constitutional history is replete with examples of situations in which voters have been asked to vote up or down on bundled provisions addressing distinct rights and issues — including the ratification of the Constitution and the First Amendment,” the brief said. “This longstanding historical practice militates against any suggestion that the First Amendment requires arguably unrelated provisions to be adopted on a piecemeal basis.”
Anstead and Barnas last month challenged six proposed amendments approved by the Constitution Revision Commission, a 37-member panel that meets every 20 years and has unique power to place measures on the ballot. Gievers’ decision in the case focused on three amendments because the other three were subjects of separate challenges at the Supreme Court.
But the brief filed Monday by Bondi’s office indicates the case could lead to invalidating more than the three amendments addressed by Gievers. A footnote in Gievers’ ruling said her findings “apply to all 6 of the proposed amendments” but that because of the other challenges “(no) further opinion will issue here as to those amendments.”
The three proposals blocked by Gievers included a measure that would ask voters to ban offshore oil drilling and vaping or the use of electronic cigarettes in workplaces. Gievers rejected the suggestion that the oil-drilling and vaping proposals could be considered related.
“The court is unconvinced by the respondent’s (state’s) argument that offshore oil and gas drilling and vaping are germane as they are both environmentally related,” she wrote. “These measures are independent and unrelated and do not constitute a comprehensive plan of revision and cannot be imposed upon the voters as a unit. Voters cannot reasonably answer the statutorily required yes or no question … without potentially being deprived of their First Amendment constitutional right to cast a meaningful vote on each independent and unrelated proposal.”
Along with the proposal on oil drilling and vaping, Gievers struck from the ballot a measure that deals with governance of the state-college system and death benefits for survivors of first responders and military members. Also, she struck a measure that would remove constitutional language that prohibits “aliens ineligible for citizenship” from owning property and would revise language to make clear the repeal of criminal statutes does not affect the prosecution of crimes committed before the repeal.
With vote-by-mail ballots going out to some voters this week — and the Nov. 6 election less than two months — the Supreme Court is moving quickly in the case. The state appealed Gievers’ ruling to the 1st District Court of Appeal, which passed it along to the Supreme Court.
The state’s brief Monday raised a series of legal issues in addition to arguing that the First Amendment should not block the proposed amendments. Among those arguments was that Anstead and Barnas waited too long to file the challenge.
The Supreme Court this month rejected one of the other constitutional amendments that Anstead and Barnas challenged, though the legal issues in the cases differed. That amendment dealt with charter schools and other education subjects.
Justices, however, upheld the other two measures that Anstead and Barnas challenged — again, in cases that involved other legal issues. Those measures deal with crime victims’ rights and charter county governments.
by Jim Sanders The News Service of Florida
One Injured In Wreck Involving A Scooter And Car In Cantonment
September 17, 2018
One person was injured when a car and a scooter motorcycle collided on Well Line Road near Morris Avenue Monday. Their injuries were not considered to by life threatening. The Florida Highway Patrol is investigating. NorthEscambia.com photos by Kristi Barbour, click to enlarge.
Fire Destroys Shed; Firefighters Save Nearby Home
September 17, 2018
Fire destroyed a large shed and threatened other structures, including a mobile home, Monday afternoon in Flomaton.
The fire was reported just after 1 p.m. on Martin Luther King Avenue. The Flomaton, Lambeth, Barnett Crossroads, Pineview and Century fire departments were dispatched to the blaze.
Siding melted on a nearby double-wide mobile home, but firefighters were able to save the structure from further damage.
There were no injuries reported, and the cause of the fire was not immediately known.
Photos for NorthEscambia.com, click to enlarge.
Santa Rosa Schools Placed On Lockdown After Suspect Flees From Deputies
September 17, 2018
UPDATE: The suspect was taken into custody at 10:49 a.m. with the assistance of FWC and FDOC, including a K-9 team from Century Correctional.
The search for a suspect placed several Santa Rosa County school into lockdown this morning.
At 8:30 a.m., deputies with the Santa Rosa County Sheriff’s Office located a stolen vehicle driving in the area of Pace Patriot Boulevard and Norris Road. The vehicle did not stop, with the driver then fleeing on foot.
Nearby Sims Middle School and SS Dixon Intermediate School were placed on lockdown, and outdoor activities at Pace High School and Dixon Primary were canceled.
Santa Road County deputies, school resource officer and a FWC helicopter were used in the search.
Additional deputies were deployed near school areas, and the Santa Rosa County Sheriff’s Office asked that parents and family members not go to the school.
At about 10 a.m., the schools were placed on a “soft” lockdown.
Further details will be posted as they are are released.
Photo courtesy Santa Rosa County Sheriff’s Office. Officer faces were removed from the photo by SRSO.
School Bus Driver Cited After Wreck; No Students Injured
September 17, 2018
A school bus driver was ticketed after morning crash with no injuries just south of Nine Mile Road.
The Florida Highway Patrol said bus driver Erica Godwin, 25, was stopped at a stop sign on Warning Road at Bush Street when she turned her school bus into a Dodge Avenger driven by 57-year old Angela Lord of Pensacola. The front of the bus collided with the side of the car.
There were 15 students on the bus that were not injured. Lord and her two passengers, one of which was a 4-year old child, were also not injured.
Godwin was cited for failing to yield the right of way by the FHP.
NorthEscambia.com photos by Kristi Barbour, click to enlarge.
Two Morning Crashes On Highway 29
September 17, 2018
At least one person was injured in a two vehicle accident on northbound Highway 29 near Kingsfield Road Monday morning (pictured above and immediately below), and there were no injuries in a second crash on southbound Highway 29 in the same area (one vehicle pictured bottom). Both accident area under investigation by the Florida Highway Patrol. NorthEscambia.com photos by Kristi Barbour, click to enlarge.
Cantonment Man Charged With Battery Of Six People, Including Pregnant Woman
September 17, 2018
A Cantonment man was charged with the battery of six people, including a woman that was pregnant.
James Lee Grandison, 38, was charged with aggravated battery on a pregnant woman, five addition counts of battery and criminal mischief property damage.
Grandison allegedly went to the home of a former girlfriend to pick up personal property. He became involved in an altercation with his ex-girlfriend, her mother, her daughter, her sisters and another man, according to an arrest report. He also broke a television and other items in the home, the report states. One of the sisters was pregnant.
Two people, including the pregnant woman, were transportedto the hospital by Escambia County EMS.
Grandison was also charged with two counts of violating probation in previous battery and traffic cases. He remained in the Escambia County Jail Monday without bond.
FHP: Two Injured When Driver Crashes Into Parked Car
September 17, 2018
A Cantonment man is accused of driving under the influence and injuring two people as he crashed into a parked car early Sunday morning.
The Florida Highway Patrol said 28-year Stephen Neil Rigsby was traveling south on Pursley Avenue at 1:13 a.m. in a Nissan Altima when he hit a Chevy Corvette that was parked off the roadway.
Two people were attempting to get into the Corvette at the time of the crash and were injured. Julie Ann Gould, 47, was critically injured and transported as a trauma alert to Baptist Hospital. Patrick Daniel Gould received minor injures.
Rigsby was transported to Baptist Hospital with non-life threatening injuries and then booked into the Escambia County Jail. He was released on a $17,500 bond. Rigsby was charged with DUI causing serious bodily injury, leaving the scene of a crash and reckless driving causing serious bodily injury
It’s Ransom Middle Spirit Week
September 17, 2018
Students will be dressing as their favorite characters this week for Ransom Middle School Spirit Week.
The schedule for Spirit Week dress-up days is as follows:
Monday: Character Day
Tuesday: Mathletes vs. Athletes
Wednesday: Meme Day
Thursday: RMS Spirit Day and Pep Rally
Friday: Preppy/Frat Day
FDOT: Weekly Traffic Alerts – Where To Expect Delays
September 17, 2018
Drivers will encounter traffic disruptions on the following state roads in Escambia and Santa Rosa counties as crews perform construction and maintenance activities.
Escambia County:
- U.S. 29 Widening from Interstate 10 (I-10) to U.S. 90 (Nine Mile Road) – The following traffic impacts will take place from Friday, Sept. 14 through Saturday, Sept. 22. Work requiring lane restrictions will take place from 8 p.m. to 6 a.m.
- Broad Street will be closed on the east side of the U.S. 29 intersection in Escambia County from 8 p.m. Friday, Sept. 14 through 6 a.m. Monday, Sept. 17 as workers widen the intersection. Motorists may use Pittman Avenue and Detroit Boulevard as an alternate route. Detour signs and Variable Message Boards are in place to alert drivers about the temporary road closure and detour route.
- Nine Mile Road at the U.S. 29 Overpass: North and southbound traffic is reduced to one lane in each direction. Alternating traffic shifts will direct all traffic onto the westbound or eastbound lanes as crews continue construction of the new center bridge deck. Nine Mile Road lane restrictions are Sunday through Thursday.
- U.S. 29 between I-10 and 9 1/2 Mile Road: Drainage and paving operations continue. Drivers can expect alternating lane closures Monday through Saturday.U.S. 98 Pensacola Bay Bridge Routine Bridge Maintenance- Crews will repair overhead lighting on the bridge Sunday, Sept. 16 through Thursday, Sept. 20. East and westbound lane closures will take place from 8 p.m. to 5 a.m.
- U.S. 98 Pensacola Bay Bridge Replacement – Construction activities continue. Drivers will encounteralternating lane closures between 14th Avenue in Pensacola and Bay Bridge Drive in Gulf Breeze from 8 p.m. to 5 a.m. Sunday, Sept. 16 through Sunday, Sept. 23.
- State Road (S.R.) 750 (Airport Boulevard) from S.R. 291 (Davis Highway) to S.R. 289 (9th Avenue) – Paving operations continue between Davis Highway and 9th Avenue. Lane closures will be in effect from 8 p.m. to 6 a.m. Sunday, Sept. 16 through Thursday, Sept. 20.
- U.S. 98 (Lillian Highway) Resurfacing from the Perdido Bay Bridge to Dog Track Road– Paving operations continue from the Perdido Bay Bridge to Dog Track Road. Lane closures will be in effect from 8 p.m. to 5:30 a.m. Sunday, Sept. 16 through Sunday, Sept. 20.
- S.R.10/U.S. 90A (Nine Mile Road) Widening from Beulah Road to Pine Forest Road – The Nine Mile Road westbound short on-ramp to I-10 eastbound will be shifted to the shoulder from 9 a.m. to 3 p.m. on Monday, Sept. 17 and Tuesday, Sept. 18. as crews install underdrain beneath the ramp. Traffic flaggers will be on site.
- S.R. 10A (Cervantes Street) Driveway Work east of 12th Avenue- The eastbound outside, right lane east of 12th Avenue will be closed from 8 p.m. to 5 a.m. Monday, Sept. 17 and Tuesday, Sept. 18 as crews remove the existing driveway connection and restore the right of way with curb and gutter and sidewalk.
- S.R. 727 (Fairfield Drive) Safety and Drainage Improvements between Usher Circle and Hestia Place- Construction activities on Fairfield Drive from south of Usher Circle to north of Hestia Place in the Myrtle Grove area are anticipated to begin the week of Monday, Sept. 17. Lane closures will be in effect from 8:30 p.m. to 6:30 a.m. The project will be complete spring 2019.
- S.R. 291 (Davis Highway) Routine Maintenance south of Northcross Lane- Southbound drivers will encounter intermittent lane restriction from 8 p.m. Thursday, Sept. 20 to 5 a.m. Friday, Sept. 21 as crews install lighting to an overhead sign.
Santa Rosa County:
- I-10 Widening from the Escambia Bay Bridge to S.R. 281 (Avalon Boulevard/Exit 22) – Drivers traveling I-10 and Avalon Boulevard will encounter the following traffic impacts from 8 p.m. to 6 a.m. Sunday, Sept. 16 through Thursday, Sept. 20:
- Northbound traffic on Avalon Boulevard will be shifted to the east near I-10 Sunday, Sept. 16 as crews begin constructing new median traffic separators. The shift is expected to be in place into the month of October.
- Alternating lane closures on I-10 from the Escambia Bay Bridge to east of Avalon Boulevard as crews widen the roadway.
- Drivers will encounter new traffic patterns on I-10 east and westbound as crews reconstruct the inside and outside shoulders. This work will continue throughout the fall.
- U.S. 98 Pensacola Bay Bridge Replacement – Construction activities continue. Drivers will encounteralternating lane closures between 14th Avenue in Pensacola and Bay Bridge Drive in Gulf Breeze from 8 p.m. to 5 a.m. Sunday, Sept. 16 through Sunday, Sept. 23.
- S.R. 87 Multilane from Eglin AFB boundary to C.R 184 (Hickory Hammock Road) – Traffic between Hickory Hammock Road and the Eglin AFB boundary will continue to be restricted to loads less than 11-feet wide. The restriction will be in place until the project is completed.