Florida Judge Blocks Education Ballot Proposal
August 21, 2018
A Leon County circuit judge Monday knocked a proposed education constitutional amendment off the November ballot, saying the wording failed to inform voters of its impact on the creation of charter schools.
The proposed amendment, placed on the ballot by the Constitution Revision Commission, would impose eight-year term limits on school board members and would require the promotion of “civic literacy” in public schools.
But the provision that drew a legal challenge from the League of Women Voters of Florida would have allowed the state to operate and control public schools “not established by the school board,” wording that opponents said would have led to the expansion of charter schools. The proposal was aimed at overturning a 2008 appellate court decision that found the Legislature’s creation of a statewide commission to authorize charter schools was unconstitutional.
“The failure to use the term voters would understand, ‘charter schools,’ as well as the use of a phrase that has no established meaning under Florida law, fails to inform voters of the chief purpose and effect of this proposal,” Circuit Judge John Cooper wrote in a 12-page ruling, removing Amendment 8 from the Nov. 6 ballot.
Cooper called the challenged provision “a significant change” that was not explained by the Amendment 8 ballot summary, which is wording that voters would see when the go to the polls.
“The current Constitution and implementing laws provide district school boards the exclusive right to make the initial determination of whether schools, charter or not, are needed and desirable in their counties,” Cooper wrote. “Without understanding the current role of school boards in approving new schools, voters cannot understand the important change they are making to local democratic control of education.”
He also said the ballot measure “incorrectly implies” that it is strengthening or maintaining the school boards’ role “instead of weakening it by removing a power.”
But the legal fight about Amendment 8 could be far from over, with the expectation that Cooper’s ruling will be appealed. Erika Donalds, a Constitution Revision Commission member who was the key proponent of Amendment 8, called the court’s ruling “disappointing.”
Donalds, a Collier County School Board member who leads the group 8isGreat.org, which is promoting the amendment, said the League of Women Voters “fundamentally opposes empowering families to choose the education setting that best fits their child.”
“Despite the speculation and bunk they’ve spread, I hope voters will be able to make their own decision in November,” Donalds said in a statement. “It is disgusting how many misrepresentations the opposition is willing to put forth to block student-centered school choice options.”
Cooper said voters would have had “a clearer choice” if the Constitution Revision Commission had advanced the charter-school provision as “standalone revision,” rather than grouping it with two other constitutional changes. The commission, which meets every 20 years, is not bound by the one-subject mandate that applies to constitutional changes advanced by the Legislature or by voter petition.
“It chose to bundle the three proposals together to increase, in its view, their chances of passage,” Cooper wrote. “But this court can only permit it to do so if it fully and accurately described all three proposals in the ballot title and description. That it failed to do.”
Cooper also found the ballot measure to be “affirmatively misleading,” since the summary talks about giving the state the power to operate and control schools, but it does not mention authority could be given to other entities, including private companies.
He said the measure was “conspicuously silent about who or what” would be responsible for schools not established by local school boards.
“Contrary to the language of the ballot summary, the amendment was intended to permit that power be given to a wide variety of third parties, potentially including private entities,” Cooper wrote.
Opponents of the measure praised Cooper’s decision.
“Amendment 8 would have used the feel-good language of civic education and term limits to lure voters into voting ‘yes,’ while wresting local control of schools,” Patricia Brigham, president of the League of Women Voters, said in a statement. “We were confident that the courts would see through the charade and are thrilled that they agree.”
Along with Cooper’s ruling, Amendment 8 is one of six Constitution Revision Commission ballot proposals facing a separate challenge at the Florida Supreme Court. That lawsuit is asking for the state’s highest court to remove the amendments from the November ballot, arguing that the commission overstepped its authority by combining multiple constitutional changes into single ballot items.
A circuit judge has already ordered the removal of Amendment 13, another commission proposal that would ban commercial greyhound racing in Florida. That decision is now being appealed at the state Supreme Court.
In total, 13 proposed state constitutional amendments were placed on the Nov. 6 ballot, including the eight advanced by the commission and five advanced by the Legislature or through petition drives. Each amendment would require support from at least 60 percent of the voters to be enacted.
by Lloyd Dunkelberger, The News Service of Florida
Man Gets Prison For Burglary Of Pine Forest Road Business
August 21, 2018
An Escambia County man has been sentenced to prison for a Pine Forest Road business burglary.
Justin Chaise Evers, 28, was sentenced by Circuit Judge Stephen Pitre to six years in state prison to be followed by four years of probation. Evers pleaded no contest to burglary of a structure causing damage in excess of $1,000, grand theft, criminal mischief, two counts of burglary of unoccupied conveyance, and grand theft auto.
On Thanksgiving Day 2017, Evers burglarized APS Waste, taking numerous items including a travel trailer, tools, and a vehicle which he used to tow the travel trailer. Surveillance video, as well as a fingerprint from the scene, linked Evers to the crime. He also damaged a warehouse door while attempting to gain access.
He was later caught in Baldwin County in possession of some of the stolen property.
Evers has multiple prior convictions including convictions for burglary of a structure, several grand thefts, possession of a controlled substance and petit theft. Following his prison sentence, Evers will be required to pay restitution to APS Waste.
West Florida’s Wiley Commits To Faulkner University
August 21, 2018
West Florida High School senior Kenzi Wiley of Cantonment has committed to further her education and play softball at Faulkner University, a four year NAIA school in Montgomery. Photo for NorthEscambia.com, click to enlarge.
PTA President Gets Prison Time For Stealing Thousands
August 21, 2018
The former president of a local PTA has been sentenced to prison for stealing thousands of dollars from the organization and her employer.
Sarina Young was sentenced by Judge Jennie Kinsey to 24 months in state prison to be followed by five years of probation. Young pleaded no contest to the charges of organized fraud, uttering a forged instrument, and grand theft.
Between 2013 and 2016, Young was a board member for the Ferry Pass Elementary School PTA. A joint investigation by the Escambia County School District and the State Attorney’s Office discovered that YOung opened an undisclosed account in the PTA’s name which she used to embezzle over $20,000 in funds, according to the State Attorney’s Office.
During this time, Young was employed at JCPenny and falsified returned merchandise records to conceal her theft of over $9,000 in funds from her employer, according to prosecutors.
Wahoos Slip Late To Biloxi
August 21, 2018
Clint Coulter launched a go-ahead three-run home run in the bottom of the eighth inning to give the Shuckers a 6-5 win Monday night at MGM Park.
With Pensacola leading 5-3, Blake Allemand doubled before Robison Leyer walked Trent Grisham with one out in the bottom of the eighth. That brought up Coulter, who delivered the game winning hit with a no-doubter to left field. It was the second consecutive night the Shuckers used a home run to sink the Wahoos chances at a win.
Unlike Sunday’s series opener, it was the Wahoos who struck first Monday night. Mitch Nay and Shed Long roped back-to-back singles off Zack Brown to put the Wahoos in prime position. After a flyout, Gavin LaValley singled home Nay to put the Wahoos up 1-0.
The Shuckers wasted no time re-taking the lead as they belted two homers off Vladimir Gutierrez in the bottom of the second. Allemand hit the first of the two and finished the night a triple shy of the cycle. Tyler Heineman supplied the other.
The Wahoos looked like they had done enough to win with a three-run rally in the sixth. The Wahoos sent nine men to the plate against Marcos Diplan, and with two men on Malik Collymore delivered an RBI pinch-hit double in his Double-A debut. With the game tied at two, TJ Friedl brought home Chris Okey with an RBI groundout before Collymore scored on a passed ball. When the sixth inning ended, the Wahoos led 5-2.
Rookie Davis—in his fourth outing as part of his MLB rehab stint—allowed one run in the seventh inning, which cut Biloxi’s deficit down to 5-3. Corey Ray’s RBI groundout brought home Coulter after he singled earlier in the inning.
Nate Griep earned his league-leading 31st save of the year after he struck out the side in the ninth. For the second consecutive game, the Wahoos outhit the Shuckers; however, Pensacola trails in the series 0-2.
The Wahoos and Shuckers have a quick turnaround, with Tuesday’s game scheduled for 10:35 a.m. RHP Tony Santillan (4-1, 3.98) will try and get back in the win column while Biloxi’s RHP Trey Supak (3-6, 3.67) aims to gives the Shuckers a 2-1 series lead.
Jay High Freshman Charged With The Attempted Murder Of His Father
August 20, 2018
A Jay High School freshman has been charged with attempted murder after shooting his father Sunday morning.
Jackson Shane Baxley, 15, was charged with two counts of attempted felony murder, attempted arson, making a firebomb and resisting arrest without violence.
According to the Santa Rosa County Sheriff’s Office, Baxley and his girlfriend got into trouble for sending inappropriate phone messages during the summer and were forbidden to date or talk to each other, according to an arrest report. They did not stop talking to each other and hid it from their parents before he dated her again, according to an arrest report.
About 6:45 Monday morning, Baxley loaded his grandfather’s pickup truck with a coffee can for reasons that were not released and drove to North Highway 89 and Finley Road, just north of Jay, and approached his residence in the 15000 block of North Highway 89 on foot and went inside.
Many of the details are redacted from the arrest report, but the report indicates he “decided to use [redacted] an empty beer bottle from the kitchen because (he) felt it would be easier…” An alert on Baxley’s phone woke his mother. She exited from her bedroom and observed Baxley at the kitchen counter wearing a hoodie and a cotton mask around his neck.
Baxley stared at his mother with no expression on his face and did not respond to her, the report states. His father pushed past his mother towards the kitchen where Baxley was standing armed with a shotgun. He began to walk backwards toward another room with the shotgun pointed downward. His father attempted to take the shotgun from his hand, causing Baxley to pull the trigger as a result of the struggle, the report states. The father was struck with birdshot in the upper thigh.
As law enforcement arrived on scene, Baxley fled. Deputies chased Baxley, eventually tasing him twice.
The man was transported to Sacred Heart Hospital in Pensacola for multiple surgeries but is expected to live, according to the Sheriff’s Office.
Baxley was transported to the Department of Juvenile Justice in in Pensacola where he was being held without bond.
Woman Injured In Highway 97 Construction Zone Wreck
August 20, 2018
A female driver was injured in single vehicle crash Monday afternoon in a Highway 97 construction zone.
The woman hit a crash cushion on Highway 97 over Sandy Hollow Creek, just south of Highway 4 about 2:25 p.m. The cushion performed as designed, absorbing much of the crash energy and stopping the vehicle before it his a concrete barrier.
The woman was transported to an area hospital by Escambia County EMS.
The accident is under investigation by the Florida Highway Patrol. The Walnut Hill Station of Escambia Fire Rescue and the Escambia County Sheriff’s Office also responded.
Highway 97 is detoured onto a temporary bridge as crews work to replace a 78-year-old bridge.
Editor’s note: The vehicle came to rest across both lanes of Highway 97 after the accident and was moved prior to these photographs.
NorthEscambia.com photos, click to enlarge.
Two Trucks Collide On Highway 29 Early Monday
August 20, 2018
Two 18-wheelers collided early Monday morning on Highway 29 in McDavid.
There were no serious injuries in the accident about 3:55 a.m.on southbound Highway 29 just north of the McDavid fire station.
The vehicles came to rest about 200 yards apart, blocking the outside lane.
One truck was hauling carpet, the other one soft drinks.
The crash is under investigation by the Florida Highway Patrol.
NorthEscambia.com file photo.
Century Man Charged With Attempting To Run Over His Brother
August 20, 2018
A Century man has been charged with attempting to run over his brother and resisting arrest.
Ricardo Galvan was charged with aggravated assault with a deadly weapon, criminal mischief with property damage, resisting arrest and driving with a suspend license third or subsequent offense.
Galvan allegedly turned onto Cumbie Road and drove his Jeep Liberty directly at his brother. The brother barely jumped out of the way, with Galvan running over his brother’s hand carved mahogany walking stick valued at $1,000, according to an arrest report.
According to the responding deputy, Galvan has been “known to be violent towards others and verbally abusive based upon my dealings with him in the past two years working this district.”
Deputies said the brothers have had over 300 incidents of violence where were not reported during the past 54 years, the report states.
As deputies conducted a traffic stop on a vehicle driven by Galvin, he left the vehicle in drive with the doors locked. A deputy was forced to draw his firearm and order Galvin at gunpoint to exit his Jeep. When he unlocked the doors, deputies “assisted” Galvan out of the driver’s seat and placed him under arrest without further incident, according an arrest report.
Galvan was also ticketed for knowingly driving with a suspended license.
Galvan remained in the Escambia County Jail Monday with bond set at $13,500.
Roy Hyatt Center Recognized As Stewardship Forest
August 20, 2018
The Roy Hyatt Environmental Center in Cantonment has been recognized as a Stewardship Forest by the Florida Forest Service.
RHEC became a demonstration forest under the Forest Stewardship program. This program recognizes the effort being put into managing the property with a good stewardship ethic, including prescribed burning and planting longleaf pine trees.
Pictured: Molly O’Connor and Adam Bretschnieder of the Escambia County School District’s Roy Hyatt Environmental Center. Photos for NorthEscambia.com, click to enlarge.
