Scott, Tribe Reach Deal On Gambling Money
April 19, 2018
As legislative leaders hold behind-the-scenes talks about revamping the gambling industry, Gov. Rick Scott on Wednesday announced a deal that will lead to the Seminole Tribe continuing to pay more than $300 million a year in casino money to the state.
The tribe would continue making the payments, which are rooted in a 2010 gambling agreement, through the 2019 legislative session. In exchange, the tribe would continue to have exclusive rights to offer games such as blackjack at its casinos and would continue to be the state’s only slot-machine operator outside of Miami-Dade and Broward counties.
“Today, I am proud to announce that the state of Florida has reached an agreement with the Seminole Tribe which ensures the tribe’s current commitment remains intact,” Scott, who will leave office in January after eight years, said in a prepared statement. “Since I took office, the Seminole compact (the 2010 agreement) has generated more than $1.75 billion which has helped our state make historic investments in things like Florida’s education and environment.”
Wednesday’s announcement did little to scuttle negotiations between House and Senate leaders as they try to craft a sweeping gambling bill before the November election, when voters will decide whether to approve a constitutional amendment that would make it harder to expand gambling. The proposed amendment, if approved, would give voters control of future gambling expansions, something now largely controlled by the Legislature.
Rep. Jose Oliva and Sen. Bill Galvano, who will take over as House speaker and Senate president after the fall elections, have been in talks for weeks — without the Seminoles at the table — about a possible special session on the gambling issue.
The two leaders are reportedly close to agreement but have not closed out a deal that likely would encompass slot machines, controversial “designated player” card games and myriad other gambling-related issues. Efforts by lawmakers to reach agreement on major gambling issues have repeatedly failed over the years.
“It’s a positive development but does not rule out a special. There are still many questions regarding the statewide framework of gaming,” Oliva, R-Miami Lakes, said in a text message, referring to the agreement that Scott announced Wednesday with the tribe.
The ongoing discussions between the Republican legislative leaders are “more of a conversation than a negotiation,” according to Oliva.
The agreement announced Wednesday would guarantee until May 2019 the continued flow of Seminole cash to the state budget — ostensibly one of the reasons legislative leaders have been floating the idea of holding a special session. But the agreement also could be part of an effort to head off attempts by lawmakers to expand gambling through steps such as allowing slot machines outside of Broward and Miami-Dade.
“It certainly is a positive step. However, we are continuing discussions regarding special session,” Galvano, a Bradenton Republican who has been instrumental in negotiating agreements with the Seminoles over the past several years.
The announcement from Scott’s office came after a series of developments that began with the 2015 expiration of one of the critical provisions of the 2010 compact. That provision gave the tribe exclusivity in being able to offer banked card games, such as blackjack.
While the tribe continued making payments to the state after the provision expired, the money was put in jeopardy because of a dispute about lucrative designated-player games at state-regulated pari-mutuel facilities.
A federal judge sided with the tribe in a dispute over whether designated-player games breached the Seminoles’ exclusivity over offering banked card games. The tribe agreed to continue making payments to the state, and gambling regulators promised to “aggressively enforce” the manner in which cardrooms conduct the designated player games.
But a temporary deal between the state and the Seminoles, in which the tribe agreed to continue making the payments, expired late in March, sparking the push for a new round of negotiations.
The Seminoles have never threatened to stop making payments to the state, although their Tallahassee lawyer, Barry Richard, has repeatedly said that is something they could do, given the federal judge’s ruling.
The new agreement “was intended as a level of comfort to anybody in the Legislature or the governor’s office or anywhere else that had any concerns that the tribe was intending to end the payments, which we never intended to do,” Richard told The News Service of Florida on Wednesday evening.
“So we gave people comfort,” he said.
by Jim Saunders and Dara Kam, The News Service of Florida
Part Of Sentencing Law Found Unconstitutional In Escambia Inmate’s Appeal
April 19, 2018
An appeals court Wednesday sided with an inmate in an Escambia county case who argued that part of a 2009 state law was unconstitutional because it gave too much authority to a judge, rather than a jury, to impose a tougher sentence.
A panel of the 1st District Court of Appeal ordered resentencing for Reginald Lee Booker III, who pleaded no contest in Escambia County to fleeing or attempting to elude a law-enforcement officer and driving without a valid license.
The appeal focused on a 2009 law that deals with scoresheets used in sentencing defendants. The law said non-violent offenders who receive less than 22 points under the scoresheet process would receive maximum sentences of up to one year in county jail, rather than being sent to state prisons for longer periods.
The law also included a provision that allowed judges to sentence defendants to prison if they made written findings that a lighter sentence could “present a danger to the public,” according to the appeals-court ruling.
Using that provision, Circuit Judge J. Scott Duncan sentenced Booker to four years in prison.
But the appeals court said the increase in Booker’s sentence was a violation of the U.S. Constitution’s Sixth Amendment, which requires juries, not judges, to find facts that could justify increasing sentences. The ruling, written by appeals-court Judge Scott Makar, said the Legislature could have allowed sentences to be increased for Booker and similar defendants based on factors such as prior convictions — but did not do so.
“Here, the trial judge had no statutory authority to elevate Booker’s sentence to state prison simply because Booker had prior conviction,” Makar wrote in a decision that was joined fully by Judge Clay Roberts and partially by Judge Harvey Jay. “And he considered matters other than prior convictions as well, such as whether Booker was working, lacked a driver’s license, failed to show up for his trial date, wore camouflage overalls to court, and so on, in assessing his future dangerousness. And the sole witness, the investigator from whom Booker had fled, merely recounted the details of Booker eluding her in a motor vehicle, which are only the facts inherent in the crime.”
Makar and Roberts ruled that Booker should be resentenced under a law that was in effect before the 2009 change.
Jay dissented on ordering a new sentencing hearing, saying Booker also would likely be sentenced to four years in prison under the old law.
by The News Service of Florida
Photos: Century Sawmill Pageant Winners Announced
April 19, 2018
The Century Lions Club sponsored the annual Century Sawmill Pageant recently. All proceeds are used to benefit vision services for needy children in the Tri-County area.
Pictured above are Overall Queens Leah Smith (left) and scholarship winner Ansley LaSala (Scholarship winner). Not pictured is Mallory Marn.
Other winners were (scroll down):
Teen Miss (14 years old to 12th grade) L to R: 1st–Randi Avery; Queen–Ansley LaSala; 2nd–Whitney Kimbler.
Junior Miss (11 to 13 years old) L to R: 2nd–Nevaeh King; 3rd–Andrea LaSala; Queen–McKenna Simmons; 1st–Ashley Boutwell.
Young Junior Miss (8 to 10 years old) L to R: 3rd–Lyla Calloway; 2nd–Leah Smith; Queen–Lanie Stephens; 1st–Madlyne Saye.
Young Miss (5 to 7 years old) L to R: 1st-Alison Grant; Queen–Layla Schoonover; 2nd–Laurel Wadkins; 3rd Kadahlyn Salter.
Little Miss (2-4 years old) L to R: 1st–Marley Schoonover; Queen-Mallory Marn; 2nd-Raylin Brown; 3rd-Gracelynn Grant.
Baby Miss (0-23 months) L to R: 1st-Jordan Seales; Queen-Tatum Harper Boutwell; 2nd-Annalee Faulk; 3rd-Megan Marn.
International Paper To Hold $85K Grant Application Info Meeting
April 19, 2018
International Paper’s Pensacola Mill will award $85,000 in grants in 2018. International Paper is hosting a one-hour meeting Wednesday, May 9 at 10:30 a.m. to review the application process with interested non-profit organizations, schools and state and local government entities. The meeting will take place at the mill’s Employee Development Center, located at 375 Muscogee Rd. in Cantonment and will focus on eligibility, criteria and restrictions. Grant committee members will be available for questions.
The deadline for all 2018 grant applications is Sunday, July 1, 2018. International Paper’s Pensacola Mill gives out grants through the IP Foundation, which makes sustainable investments to address critical needs in the communities where International Paper employees live and work. Grants support projects or programs focused on signature causes.
Signature Causes are:
Education – Priority given to literacy programs from birth through 3rd grade.
Hunger – Community programs that provide access to food for those in need or provide solutions to alleviate hunger.
Health & Wellness – Programs that promote basic health and human needs.
Disaster Relief – Programs that reduce suffering or saves lives as a result of a natural disaster.
For more information about the IP Foundation, visit ipgiving.com. To reserve your seat at the workshop, contact Whitney Fike, communications manager, by email at whitney.fike@ipaper.com or call 850-968-3076. Reservations to attend the meeting are required as space is limited. However, attendance is not mandatory to apply.
Braves Sink Wahoos
April 19, 2018
The Blue Wahoos and M-Braves were tied with one out in the eighth inning until Mississippi scored five runs to take Wednesday’s contest 9-4.
With runners at first and third, Cleuluis Rondon bunted a safety squeeze back to the pitcher, Brennan Bernardino, who couldn’t field it cleanly allowing Austin Riley to score. With the Braves leading 5-4, Bernardino did well to strike out Connor Lien but then allowed a double to Luis Valenzuela and a home run to Tyler Marlette to make it 9-4.
The loss doesn’t tarnish what was a fine outing for Vladimir Gutierrez, who pitched six innings and allowed only three runs. After a bumpy first inning where Gutierrez allowed a couple of runs, the Wahoos starter looked comfortable allowing just three baserunners over the rest of his outing.
Austin Riley dealt more punishment to the Wahoos this series going 3-for-4 on Wednesday, with two triples. In this series, Riley is now hitting .583 (7-for-12) with four RBI.
Pensacola used the long ball to power the offense for most of the afternoon. Taylor Sparks tied the game at 2-2 when he belted his first home run of the season off M-Braves starter Touki Toussaint. It appeared the Wahoos would pull away in the fifth when Nick Longhi’s two-run shot put Pensacola ahead 4-2. However, Riley’s second triple of the game in the bottom of the fifth pulled one back for Mississippi and in the seventh Luis Valenzuela’s pinch-hit home run tied it up at 4-4.
Aristides Aquino made it back-to-back games with an RBI with his first inning groundout that gave the Wahoos a 1-0 lead. Luiz Gonzalez also had another fine performance since joining the Wahoos from Daytona going 2-for-3 with a double. Shed Long also extended his on-base streak to 11 games with his first-inning single (also has a concurrent six-game hitting streak).
Abandoned Nine Mile Road Restaurant Burns
April 18, 2018
An abandoned restaurant in the 600 block of on East Nine Mile Road burned Wednesday afternoon. There was no immediate word on the cause of the fire. There were no injuries reported. Photos for NorthEscambia.com by Sarah Roy and other readers, click to enlarge.
Couple Arrested With Gun Outside Escambia County Ultrasound School
April 18, 2018
A man and woman with a gun were apprehended outside an Escambia County ultrasound school Tuesday.
The Escambia County Sheriff’s Office responded to the Florida Institute of Ultrasound on University Parkway after receiving information that a male and female were on their way to the institute with a gun.
Deputies arrived on scene and were able to apprehend Mark and Mary Kinney before they entered the building.
During a search, a gun was found in Mark’s waistband and plastic baggie with white residue in his shirt pocket, which tested positive for methamphetamine, according to Amber Southard, spokesperson for the Escambia County Sheriff’s Office.
According to the report, the Kinneys wanted a technician to do a scan of Mark’s right ear because he thought something was moving in it, a witness told deputies. A gun and a plastic baggie with methamphetamine in it was found in Mark’s waistband during a search.
Mark Kinney, 52, was charged with possession of a firearm by a convicted felon, possession of a concealed firearm and possession of drug paraphernalia. Mary Kinney, 41, was charged with possession of a firearm by a convicted felon, possession of a concealed firearm and introduction of contraband into a county detention facility. They remain in the Escambia County Jail with bond set at $21,000 for Mark Kinney and $25,000 for Mary Kinney.
Century Natural Gas Exclusive Franchise Approved; Pensacola Energy Disputes
April 18, 2018
The Escambia County Commission voted Tuesday night to renew an expiring exclusive natural gas franchise for the Town Of Century, over numerous objections from the City of Pensacola and Pensacola Energy as they claimed most of the franchise territory as their own.
In 1968, the Escambia County Board of County Commissioners granted the Town of Century (then known as the Town of South Flomaton) a franchise to provide natural gas services to citizens in the Century area. The present franchise expires this year.
The commission adopted a new franchise ordinance that provides the Town with the same rights and responsibilities as other county franchises, including payment of a five percent franchise fee. This new franchise will not extend beyond the franchise area previously designated in the 1968 franchise agreement. The renewed franchise will expire in 2047.
But an attorney for the City of Pensacola spoke out against the exclusive franchise, making a claim that Pensacola Energy already has an exclusive natural gas franchise in North Escambia.
“Since 1993, the City of Pensacola has been providing natural gas service to customers within some of the areas that are in the proposed ordinance that will become an exclusive franchise area for the Town of Century,” attorney Charlie Guyton said. He said Pensacola Energy serves 46 customers within the Century franchise area, adding that service to these customers began after Pensacola in 1992 purchased gas facilities that belonged to the Escambia County Utilities Authorities (now known and the Emerald Coast Utilities Authority) for $1.1 million.
Guyton said ECUA issued an exclusive franchise to the City of Pensacola in “all of Escambia County, Florida, north of 10 Mile Road… other than in the Town of Century and for the benefit of the State of Florida prison system. The City of Pensacola has an exclusive franchise to serve the areas where it has been serving.”
Guyton claimed the Town of Century currently only has a license or a permit, but not a franchise to provide natural gas service.. “It does not have a franchise. If you look at the document, there is no mention of a franchise. It does refer to a permit or license. But more importantly, the rights granted under that document are non-exclusive,” he said.
Pensacola’s attorney also pointed out that Pensacola has paid, and Escambia County has accepted, an estimated $150,000 in franchise fees from the disputed area.
“In 1968, well before ECUA even existed…you (Escambia County) had granted an exclusive franchise to the Town of Century for this territory,” Century attorney Matt Dannheisser said. “But somehow in 1993, without notice to us, without asking our permission, they started taking our customers.”
He said Century does have a franchise, which is the same as a permit or license.
“Pensacola shows up today with one of the largest, most expensive law firms….to try…to confuse you, because it is a tactic that we lawyers take when we don’t really have the facts in favor of us. Try to confuse somebody so that won’t make a decision, so that they will delay. I hope that you don’t fall into that trap. You know all the facts; you know what is the right decision to make,” Dannheisser told the commissioners. “They want different rules to apply to the City of Pensacola that to everyone else.”
“They want us to pay them over a half million dollars to buy back the customers that we should already have,” Danneheisser said, customers he contends are paying Pensacola Energy 35 t0 40 percent more than the rate charged by the Town of Century’s gas department.
Guyton said that approval of the exclusive franchise would lead to a territorial dispute that would likely go to the Florida Public Service Commission.
“And it won’t be just an issue of the franchise, but of who has the better ability to serve. And I think that comparison is going to work in favor of the City of Pensacola,” he said.
Escambia County Commissioner Douglas Underhill cautioned Guyton against taking his client before the PSC. He said Pensacola Energy promised natural gas service to areas of Perdido Key for four years, but was unable to deliver. He said the PSC would learn of several negative issues involving Pensacola Energy.
Commissioner Steven Barry made the motion Tuesday night to approve the exclusive Century natural gas franchise, subject to approval by the Century Town Council within 120 days.
Commissioner Grover Robinson voted against the ordinance, saying he wanted to see more time to for Century and Pensacola to come to terms.
Barry said they’ve had three or four years, and “I don’t perceive that we are any closure to an agreement…there does not appear there has been a lot of progress between the two entities.”
Century will continue to hold franchise rights from Escambia County to provide natural gas service from the Escambia River westward to almost the Perdido River and from the Alabama state line southward to near Bogia. The franchise area includes Century, Bogia, Byrneville, Bratt, Oak Grove, Walnut Hill and McDavid. Century currently provides gas service only in a portion of their franchise area — near the town limits, south along Highway 29 to and including a portion of Highway 164, west into Byrneville and an area of Bratt.
Pictured top: A “natural gas gate station” that serves the Town of Century, located just off Highway 168 on Poplar Dell Road. Picture top inset: Attorney Charlie Guyton for the City of Pensacola. Pictured middle inset: Century attorney Matt Dannheisser. Pictured bottom inset: A Pensacola natural gas valve station in Bratt. Pictured below: A map of Century’s natural gas franchise area. NorthEscambia.com photos and courtesy images, click to enlarge.
Retired Escambia County Sheriff’s K-9 Miso Passes Away
April 18, 2018
Retired Escambia County Sheriff’s Office K-9 Miso passed away Tuesday. Miso was the dedicated partner of Special Master Deputy Wayne Gulsby. Miso retired last year. Pictured: Retired Escambia County Sheriff’s Office K-9 Miso. Special Master Deputy Wayne Gulsby is pictured with Miso at a field trial event (inset) and during a drug search at Northview High School (bottom) Courtesy and NorthEscambia.com photos, click to enlarge.
Tate Wins District In Singles, Doubles; Two Headed To State
April 18, 2018
Two Tate High School tennis players are district champions are will head to state. Luke Racine is the District 1-3A singles champion, and the Aggies doubles team of Racine and Aaron Harberson also won a district championship. They will advance to the state tournament in Altamonte Spring April 30-May 4.
Pictured top: Aaron Harberson and Luke Racine. Pictured below: Racine and Harberson in action. Pictured bottom: The Tate High School tennis teams. Photos for NorthEscambia.com, click to enlarge.
