Appeals Court Overturns Blackwater ‘Deer Dog’ Hunting Ruling
April 11, 2018
A divided appeals court Tuesday overturned a ruling that would have forced state game officials to rein in “deer dog” hunting that some Northwest Florida residents argue has infringed on their property and created a nuisance.
The ruling by a panel of the 1st District Court of Appeal came after a long-running legal battle involving the Florida Fish and Wildlife Conservation Commission and people who own property adjoining the state Blackwater Wildlife Management Area.
“Deer dog” hunting, as the name implies, involves hunters using dogs to flush out deer and has long been allowed in the Blackwater Wildlife Management Area. But the legal battle stems from hunters and dogs trespassing on adjoining private land, with property owners alleging they have been threatened by hunters and have been subject to other problems such as graffiti and arson.
Property owners filed a lawsuit in 2016, seeking to prevent deer-dog hunting in the wildlife-management area. The lawsuit included what is known as a “takings claim” — essentially arguing that the deer-dog problems were so serious that they were depriving the owners from enjoying their property, according to Tuesday’s ruling. Also, the lawsuit sought an injunction to require the Fish and Wildlife Conservation Commission to “abate” the nuisance on the private property.
Leon County Circuit Judge Karen Gievers denied a request by the commission for summary judgment that would have scuttled the case and issued an injunction requiring the commission to abate the problem. The commission took the dispute to the 1st District Court of Appeal, where a majority of the three-judge panel Tuesday rejected the injunction and sent the case back for entry of summary judgment in favor of the commission.
In part, the majority opinion said a successful takings claim would require property owners to show that the commission required them to submit to a permanent occupation of their land or that a commission regulation imposed a condition that “deprived them of all economically beneficial use of their land.”
“Here, appellees (the property owners) do not, and cannot, allege that the FWC (the commission) has forced them to submit to a permanent physical occupation of their land,” said the majority opinion, written by appeals-court Judge Lori Rowe and joined by Chief Judge Brad Thomas. “The alleged physical occupation — i.e., sporadic trespasses by deer dog hunters and their dogs during the 44 days of the year when deer dog hunting is authorized — is transitory, not permanent. And the handful of trespasses that have occurred on each of appellees’ individual properties do not rise to the level of a permanent, physical occupation of appellees’ property.”
The opinion added: “Neither do the appellees allege that the FWC has deprived them of all economically beneficial use of their property. Rather, appellees allege that they were deprived of their right to exclude people from their property during deer dog hunting season. But this allegation ignores the fact that appellees are free to exclude the deer dog hunters and dogs from their property by pursuing criminal or civil remedies against the trespassing hunters and owners of the deer dogs. The FWC has not deprived appellees of any right to pursue the third-party wrongdoers.”
Rowe also wrote that sovereign immunity — a legal concept that helps shield government agencies from lawsuits — blocked nuisance-related claims in the lawsuit.
But Judge Joseph Lewis Jr. wrote a 13-page dissent arguing that Gievers’ ruling should be upheld.
In part, Lewis wrote that “appellees should be permitted to pursue their claims that appellant’s (the commission’s) alleged failure to regulate or exercise control over deer dog hunters and their dogs has created a nuisance. While, as stated, appellant’s decision to allow deer dog hunting in the Blackwater WMA is a discretionary or planning-level decision, appellant offers no legitimate reason why it should not then be responsible for ensuring that hunters and their dogs are not creating a nuisance for adjacent property owners.”
The wildlife-management area is in Okaloosa and Santa Rosa counties. The ruling said private property is interspersed in the wildlife-management area, which it described as a “patchwork-like composition” that stems from how the state buys land for conservation and recreational purposes
by Jim Saunders, The News Service of Florida
Two Charged With Contraband, Prohibited Activity At Atmore Prison
April 11, 2018
Update/Editor’s Note: The Alabama Department of Corrections on Wednesday said contraband was found near the fence at Fountain prison, not thrown over the fence at Holman prison as originally stated by the Escambia County (AL) Sheriff’s Office on Tuesday. The story has been updated to reflect the ADOC statement.
Agents with the Alabama Department of Corrections Investigations and Intelligence Division arrested two suspects on Monday for attempting to smuggle contraband into a state prison in southwest Alabama.
At approximately 12:30 a.m., a K-9 unit from the William C. Holman Correctional Facility in Atmore observed a suspicious vehicle parked at the facility’s entrance gate. Agents detained and questioned two female suspects who were found inside the vehicle.
After detaining the suspects, corrections officials early Monday found a package near the perimeter fence of the G.K. Fountain Correctional Facility located approximately one mile from the Holman facility. The package contained cellphones, cellphone chargers and a controlled substance.
In their investigation, agents were led to a local business where they arrested 25-year-old Jafarris Williams of Montgomery. After questioning Williams, one of the two female suspects and owner of the vehicle, 26-year-old Curnasha Leshaye Thomas, also of Montgomery was arrested. Williams and Thomas were charged with promoting prison contraband and prohibited activity on state property. Thomas was also charged with possession of marijuana, second-degree. The second female suspect was not charged.
Williams and Thomas booked into the Escambia County Detention Center in Brewton.
Century Utility Customers Can Now View, Pay Bills Online
April 11, 2018
Town of Century water and gas customers can now view and pay their bills online. Emailed invoiced are also available, along with alerts via email, text or phone call.
There’s also a change coming to bills — Town of Century utility bills that are mailed will now be on two postcards — one for water, sewer and garbage, and one for gas.
Utility customers that do not choose a new delivery method will continue to receive their bills by regular mail.
For a more information and a signup form, click here.
Broxson Gears Up For 2020 Re-election Bid
April 11, 2018
Though he will not be on the ballot this year, Sen. Doug Broxson, R-Gulf Breeze, has started piling up money for a 2020 reelection bid, according to newly filed finance reports. Broxson raised $47,000 in March, bringing his overall total to $88,778 as he plans to seek another term in Senate District 1, which is made up of Escambia, Santa Rosa and part of Okaloosa counties.
The News Service of Florida contributed to this report.
Byrneville Elementary Releases Honor Roll
April 11, 2018
Byrneville Elementary School named the following students to their honor roll for the third nine weeks of the school year:
Mrs.Barberree-Kindergarten
All Satisfactory
- Tyrus Bradley
- Trusten Brown
- Lainey Dunsford
- Maggy Dunsford
- Madelyn Faulk
- Russell LeMesurier
- Hailey Levins
- Keaten Odom
- Sawyer Odom
- Cam’Ron Reed
Mrs. Seales-Kindergarten
All Satisfactory
- Tyree Baker
- Zacharie Barrow
- Jayden Carter
- Kyle Lowery
- Alydia Sutton
- Nevaeh Tidd
- Natalia White
- Caesar Whorff
- Madyson Wiggins
- Zane Therrell
Mrs. Slade-Kindergarten
All Satisfactory
- Madison Brazwell
- Rilee Campbell
- Eli Evans
- Douglas Maxwell
- Kinsley McKinnon
- Bentley Sanders
- Maryann Tedder
- Jakiyrah Thomas
Ms. Brown-1st Grade
“A” Honor Roll
- Ethan Carter
- Allison Grant
- Brooklyn Miller
- Bryce Miller
- Finley Miller
- Kaden Smith
- Ember Claire Waters
- Bryce Yoder
“A/B” Honor Roll
- McKenzie Griffis
- Ty Jackson
- Emily Jones
Mrs. Kitchin- 1st Grade
“A” Honor Roll
- Anastacia Cooley
- A/zariyah Elliott
- Olivia Levins
- Natalie Rogers
“A/B” Honor Roll
- Bryce Giger
- Ashanti Manuel
- SaRai McKee
- Tyson Milliken
- Brody Rigby
Mrs. Linton-2nd Grade
“A/B” Honor Roll
- Jaxon Anderson
- Blaine Buckhault
- Madelyn Calloway
- Callie Campbell
- Elizabeth Gilley
- Emma Godwin
- Brylen Hadley
- Meeyah Lassitter
- Katelyn Levins
- Lola Weldon
Mrs. Moorhead-2nd Grade
“A” Honor Roll
- Briley Beers
- Lyla Calloway
“A/B” Honor Roll
- Sydney Little
- Nicholas Long
- Mason McKinnon
- Darien Smith
- Olivia Thomas
- Audrina Woods
- Zane Weaver
Mrs. Dunsford-3rd Grade
“A” Honor Roll
- Aleah Livingston
- Jase Portwook
“A/B” Honor Roll
- Valeria Franco
- Warner Maxwell
- Isaiah Phifer
- Trenton Wright
Mrs. Weaver-3rd Grade
“A” Honor Roll
- Lexi Bingham
- Cannon Whorff
- Allison Yoder
“A/B” Honor Roll
- Michael Brazwell
- Taylor Curtis
- Kayden Harvell
- Gabrielle Hawsey
- Preston Hudson
- Layla Jordan
- Caleb Levins
- Crest Waters
Mrs. Marshman-4th Grade
“A” Honor Roll
- Elizabeth Coleman
- Luke Godwin
- Savannah Hudson
- Christian Velazquez
“A/B” Honor Roll
- Tyler Carach
- Easten Odom
- Mary-Clayton Dawson
- Ryder Lee
- Makenzie Levins
- Bree Robertson
- Evelyn Smith
Mrs. Thornton-4th Grade
“A” Honor Roll
- Braxton Wagner
“A/B” Honor Roll
- London Brooks
- Jaycee Harvell
- Andrew Plant
- Charlee Weaver
Mrs. Johnston-5th Grade
“A” Honor Roll
- Zack Herndon
- Brian Yoder
“A/B” Honor Roll
- Gavin Beasley
- Logan Bevins
- Luke Diamond
- Raegan Kimmons
- Mia Kornegay
- Evin Matlock
- Allie Odom
- Mia Turner-White
Ms. Singleton-5th Grade
“A” Honor Roll
- Kerissa Dortch
- Maddie Mae Driskell
- Madison Levins
- Riley Long
- Addisen Miller
“A/B” Honor Roll
- Tripp Curtis
- Braden Glick
- Jade Howell
- Jaci Jackson
- Kelan Jurey
- Blake Shaw
- Mallory Smith
Jays Tops Northview In 11
April 11, 2018
Jay 8, Northview 3 (11 in.)
The Jay Royals topped the Northview Chiefs 8-3 in 11 innings Tuesday night in Bratt.
The Chiefs took an early three-run advantage after one, while the Royals added two in the fourth and one in the fifth for a 3-3 tie headed into extra innings. The Royals took the win in the 11th after a go head squeeze bunt in the eleventh from Dutch Burkhead.
Blayne Miller allowed one hit while striking out two in 4.1 innings to earn the win for Jay, while Josh Majors went 6.2 innings allowing four hits, three runs and striking out 10.
Northview junior Seth Killam went 6.1 innings, striking out 12, allowing two hits and three runs. Trevor Singleton pitched four innings with four hits, four runs, four strikeouts while walking four.
Jay (8-4, 6-0) will host Chipley (4-10, 1-4) on Friday. Northview (12-6, 2-4) will travel to Freeport (11-4, 4-2) Friday.
For a photo gallery, click here.
NorthEscambia.com photos, click to enlarge.
Traffic Stop Leads To Arrest Of Molino Man On Meth Trafficking Charge
April 10, 2018
A bad brake light led to a traffic stop and a drug trafficking charge against a Molino man.
John Homer Docherty, 36, was charged with trafficking methamphetamine and two counts of possession a controlled substance without a prescription, all felonies.
An Escambia County Sheriff’s Office deputy conducted a traffic stop on a vehicle with a passenger brake light out on W Street in Pensacola. Docherty was a passenger in the car, and a K-9 alerted on the vehicle. Deputies recovered a total of 27.1 grams of meth from under the passenger seat and glove box, according to an arrest report. They also reported finding 1.5 tables of Xanax and two Oxycodone tablets. All items were within Docherty’s control, according to the report.
Docherty remained in the Escambia County Jail with bond set at $130,000.
The driver was issued a citation for no seat belt.
Tate FFA Wins State Horse Judging Title, Northview FFA Places Best Ever
April 10, 2018
The Tate and Northview high school horse judging teams brought home big wins from Gainesville, including a state championship for the Tate FFA.
The Tate High School team (pictured above) placed first in the state. This was the first time in over 20 years for a Tate team to win state in the event. Members of the Tate FFA Horse Judging Team are Kaelin Brinker, Molly Graham, Raven Hollis and Victoria Kelson. Kelson led Tate’s team coming in as the highest scoring individual in the state. Team members Graham, Hollis and Brinker all finished in the top 25 in the state.
The Tate team was coached by advisor Erin Lawall, a former Texas A&M Horse Judging team member and 2010 National NRHA Futurity winner.
The Tate team members practiced non-stop since August to prepare for this competition. They will travel to Indianapolis, IN, in October to compete at the national level.
The Northview High School team (pictured below), placed seventh in the state. This was the first time a Northview Horse Judging team has made it to the state finals. Members of the NHS FFA Horse Judging Team are Autumn Williams, Brooke Doolittle, Destiny Cleckler, Olivia Porter and Coach Stephanie Solari. Individually, Porter place 13th in the state, and Williams placed 14th.
In the Horse Evaluation Career Development Event, students evaluate and rank horses based on breed characteristics, conformation and performance then proceed to write and memorize oral reasons and present them to judges.
Pictured top: The Tate High School FFA Horse Judging team. Pictured below: The Northview High School FFA Horse Judging team. Photos for NorthEscambia.com, click to enlarge.
Scott Blasts Washington As He Begins U.S. Senate Campaign
April 10, 2018
Beginning what is likely to be a costly, negative campaign, Gov. Rick Scott on Monday opened his challenge to U.S. Sen. Bill Nelson by slamming “career politicians” and calling Washington, D.C., a “disaster.”
Clad in a blue, long-sleeved shirt and wearing his signature Navy baseball cap, Scott made his long-anticipated announcement at an Orlando construction company.
Scott, a two-term Republican governor, never mentioned Nelson, a three-term Democratic senator, by name. But he repeatedly criticized “career politicians” and said he would push for term limits for members of the U.S. House of Representatives and the U.S. Senate.
“We have to all acknowledge that Washington is a disaster. It’s dysfunctional. There is a lot of old, tired thinking up there,” Scott said. “This concept of career politicians has got to stop. We have to have term limits on Congress.”
Nelson, 75, who is the only Florida Democrat holding statewide office, said he is ready to face Scott, 65.
“I’ve always run every race like there’s no tomorrow — regardless of my opponent,” Nelson said in a statement. “While it’s clear that Rick Scott will say or do anything to get elected, I’ve always believed that if you just do the right thing, the politics will take care of itself.”
Scott, a wealthy businessman from Naples who never held a political office before he was elected governor in 2010, struck an “outsider” theme Monday that was similar to his first gubernatorial campaign, when he ran against the Tallahassee “insiders.” Scott’s Senate announcement came on the eighth anniversary of starting his initial bid for governor.
Scott said his agenda as governor, which focused on job creation, lower taxes and fewer regulations, met resistance from the Tallahassee establishment.
“They (said) governor you just don’t fit into Tallahassee. You know, I think that’s true,” Scott said. “I never intended to fit into Tallahassee. And guess what? I’m not going to fit into Washington either.”
Scott also recounted Florida’s recovery from the recession under his leadership, pointing to job creation, tax cuts, a reduction in state debt and a record numbers in tourism.
“Now we’ve got to take that same mission to D.C.,” Scott said.
Scott also talked about his early life in a family that “struggled for money” and lived in public housing. He credited his late mother and the opportunities provided by living in the United States for his rise as a lawyer who founded the Columbia/HCA health conglomerate.
“It seems to be fashionable now to attack and badmouth this country. I’m sick of it,” Scott said. “There is no place like America. And we need to thank God every day for this country and our opportunity to be here.”
Scott made no mention of President Donald Trump, although Scott has been a consistent supporter of the president. He also did not mention the Republican majority that controls the U.S. House and Senate.
Scott, however, made several references to his “let’s get to work” slogan, which he has used since his first bid for governor in 2010.
“We must change Washington. We will change Washington. Together let’s get Washington to work,” he said.
When he ran in 2010, Scott initially was known for his public awkwardness, stumbling through speeches and insisting on a buffer between himself and crowds.
There was no evidence of that Scott on Monday, though. Scott confidently delivered a speech, warmly smiling at supporters who cheered him on, including state Chief Financial Officer Jimmy Patronis, at least a dozen state lawmakers, Associated Industries of Florida President and Chief Executive Officer Tom Feeney and prominent insurance lobbyist Fred Karlinsky.
When the speech was finished, Scott’s wife, Ann, placed her hands on his waist, guiding him through the crowd, helping negotiate an exit and avoiding reporters.
Scott was introduced at the event at ODC Construction company by the lieutenant governor of Puerto Rico, Luis Rivera-Marin, who said the island would be “forever grateful” for Scott’s help in recovering from a series of damaging hurricanes.
Scott also made a few concluding remarks in Spanish.
The negative tone of the campaign is already well underway, with Republicans launching a nomorenelson.org website, which calls the incumbent a “career politician,” and the Democrats having a selfservingscott.com website, which criticizes the governor’s economic record.
Scott won his two gubernatorial campaigns in expensive, highly negative races where he edged out Democratic opponents. In 2010, he beat Chief Financial Officer Alex Sink, capturing 48.9 percent of the vote to her 47.7 percent.
In 2014, Scott beat former Gov. Charlie Crist by a margin of 48.1 percent to 47.1 percent.
However, heading into the Senate race, Scott’s popularity numbers are his best since he emerged on the Florida political scene.
In a February poll from Quinnipiac University, Scott had a 49-40 percent approval rating from voters, the highest since Quinnipiac began tracking him in 2011. Nelson had a 48-34 percent approval rating in the same poll.
In recent years, Florida governors have had mixed success in making U.S. Senate bids.
Crist, a former Republican governor who is now a Democratic member of Congress, lost a 2010 Senate race while running as an independent. Gov. Bob Graham, a two-term Democratic incumbent, beat U.S. Sen. Paula Hawkins, a Republican, in the 1986 Senate race.
Four Scott opponents stood outside Monday’s event, with motorists occasionally tooting horns or giving thumbs up as they drove past.
“Our street poll is great,” said 40-year-old Wes Hodge of Winter Park.
A two-time cancer survivor whose Hodgkin lymphoma has been in remission for five years, Hodge held a sign that read “healthcare is not a luxury.”
“If not for the Affordable Care Act I would not have access to quality health care,” he said, adding, “we are not unaware that health care is hanging.”
by Lloyd Dunkelberger, The News Service of Florida
Photo for NorthEscambia.com, click to enlarge.
Man Gets 30 Years For Threatening Judge, FDLE Employee
April 10, 2018
An Escambia County man is headed to prison for threatening a judge, a state law enforcement employee and others.
Tomorryow Hughley was sentenced by Judge Wade Mercer to 30 years in state prison.
An Escambia County jury convicted Hughley of two counts of making written threats to kill or do bodily injury to multiple persons, and their families, including an Escambia County Circuit judge, and an expert witness formerly employed by the Florida Department of Law Enforcement.
At the sentencing hearing, Assistant State Attorney Edgar asked the Court to give Hughley an enhanced sentence because Hughley was a habitual felony offender, and becauseHughley made threats to kill or do bodily injury to a sitting judge and a witness.