Quality Of Schools Confronts Appeals Court
July 19, 2017
A Tallahassee-based appeals court wrestled Tuesday with what standard should be applied to Florida’s education system, with judges sounding skeptical that courts were even a proper place to hear the issue.
At least two members of a three-judge panel from the 1st District Court of Appeal directed sharp questions at Jodi Siegel, an attorney for a coalition of advocates and parents who sued the state eight years ago for allegedly failing to provide a quality education system.
While the judges questioned both sides, even Siegel conceded afterward that they seemed skeptical about courts’ ability to referee the fight.
“They did, and we hope we made our argument,” she said.
The central issue in the appeal is whether courts can evaluate the state’s obligation under a 1998 constitutional amendment that declares it is a “paramount duty of the state to make adequate provision for the education of all children residing within its borders.”
The amendment fleshed that out, in part, by saying adequate provision will be made for a “uniform, efficient, safe, secure, and high quality system” of public schools.
But Leon County Circuit Judge George Reynolds ruled last year that the judiciary should be hesitant to wade too deeply into the issue and give deference to the Legislature under the separation of powers. The judges at Tuesday’s hearing seemed more likely than not to agree.
Judge Brad Thomas pointed out to Siegel that writers of a constitutional amendment limiting class sizes set clear benchmarks for the Legislature to follow, but the Constitution Revision Commission that crafted the “paramount duty” clause did not.
“Why didn’t they put an objectively measurable stand in the text and say, you have to meet the standard?” Thomas asked.
Judge James Wolf also pushed back on Siegel’s references to the state’s own accountability system, which drives report cards issued to schools every year.
“Not everybody can be in an ‘A’ school. … Is it adequate to have every school that’s a ‘C’ school?” Wolf said.
Siegel said that, if pressed, she would suggest that 75 percent of students across the board meeting state standards would be one potential benchmark. But she also highlighted that some demographic groups and geographic areas of the state don’t do as well as others.
“We have a system in which there are such vast differences across the districts and across groups of children that we have to look to what more is needed. And that has not been analyzed by the state,” Siegel said.
Rocco Testani, a lawyer representing the state, said those kinds of standards weren’t in the amendment.
“This is not Lake Wobegon, and that’s exactly what the plaintiffs over and over again were coming up with,” Testani said. He was referring to a fictional town created by radio host Garrison Keillor where “all the children are above average.”
But the judges seemed wary of the idea that state lawmakers should be given free rein to decide what meets the terms of the amendment.
“Shouldn’t the Legislature be required to come up with standards specifically related to this constitutional amendment? Otherwise, isn’t this constitutional amendment totally useless?” Wolf asked.
Testani countered that issues about what the state should provide to schools are “inherently political questions,” and that the Constitution Revision Commission meant the amendment to be a goal that voters could measure.
“Aspirational statements are enforced at the ballot box — not in courts of law,” he said.
by Brandon Larrabee, The News Service of Florida
FWC Law Enforcement Report
July 19, 2017
The Florida FWC Division of Law Enforcement reported the following activity during the weekly period ending July 13 in Escambia and Santa Rosa counties.
ESCAMBIA COUNTY
Officer Clark saw an individual operating his vessel in a careless manner. The individual had the outboard motor trimmed mostly out of the water revving it up, while several people were standing near the prop. He was attending the Blue Angel Air Show and was attempting to leave the area. Officer Clark stopped the vessel and immediately noticed signs of impairment from the operator. The operator agreed to perform several field sobriety tasks. He performed poorly on these tasks and was arrested for BUI. The operator gave a breath sample of more than double the legal limit. Officer Clark transported the individual to the Escambia County Jail.
Officer Bartlett was on vessel patrol providing public safety enforcement at the Blue Angels Airshow when he encountered a highly‑intoxicated individual. The officer was concerned for the welfare of the individual and brought him to the nearest dock and instructed him to stay on land. Within a few minutes, Officer Bartlett saw the same individual attempting to swim across a vessel channel, barely keeping his head above water, obviously struggling to stay afloat. The officer quickly reacted and rescued the individual. For the welfare of the individual, the officer arrested him for disorderly conduct and transported him to the Escambia County Jail for processing.
Officer Bartlett was on vessel patrol providing public safety enforcement at the Blue Angels Airshow, when he saw a boat being loaded/trailered at the 17th Avenue Boat Ramp. The boat speed was too fast causing it to strike the vehicle. The officer approached the operator who showed signs of impairment and was asked to perform field sobriety tasks. Based on the operation of the vessel and the performance of the tasks, the operator was arrested for BUI. The operator refused to provide a breath sample and was transported to the Escambia County Jail for processing.
FWC officers made several fisheries cases this week. Multiple citations were issued for possession of gray triggerfish, possession of undersized red snapper, possession of red snapper not in whole condition and interference with an FWC officer. The interference charge was made when an individual dumped red snapper fillets overboard as the officer approached.
FWC officers took part in the annual Blue Angels Airshow on Pensacola Beach where approximately 500,000 people attended over the three-day period. FWC officers, along with the U.S. Coast Guard (USCG) and the Escambia County Sheriff’s Department, were responsible for waterborne security and all public safety on area waterways during this event. Over the three-day period, FWC law enforcement officers conducted 952 hours of law enforcement patrols, 714 of which were on the water. The officers issued several citations and warnings for boating safety violations, including four BUIs, conducted four boat accident investigations and had numerous public assists and calls for service. At the peak of the event, it was estimated that there were more than 2,500 vessels with over 12,500 people on board, within a ten‑square-mile area along Pensacola Beach.
SANTA ROSA COUNTY
While on his way home from working the Blue Angels Air Show, Officer Hutchinson saw a truck being driven erratically and almost causing an accident. He stopped the driver and immediately determined that the man was showing signs of impairment. The man’s young son was also in the truck. After field sobriety tasks, Officer Hutchinson determined that the man was under the influence of alcoholic beverages and placed him under arrest for DUI. He later provided a breath sample of .12 g/210L. The man’s son was taken to a family member’s home.
Officer Mullins and Lieutenant Hahr were patrolling at the Blue Angel Air Show when they were requested to respond to assist Fire Rescue with a vessel that was seen operating in a reckless and erratic manner. As they approached the vessel, the officers saw that the sole occupant was covered in fresh blood and had a partially bandaged hand that was dripping blood. The man told the officers that he had gotten a rope burn on his hand. Due to the amount of blood, the officers requested assistance from EMS. While waiting for them to arrive, they saw multiple indicators of impairment. After EMS bandaged the man’s hand properly, Officer Mullins conducted field sobriety tasks and determined that the man was intoxicated. The man was arrested for BUI and later refused to provide a breath sample. After receiving several stiches at the hospital, the man was booked into jail for operating a vessel while normal faculties are impaired.
This report represents some events the FWC handled over the past week; however, it does not include all actions taken by the Division of Law Enforcement. Information provided by FWC.
NorthEscambia.com photo.
Man Charged With Attempting To Drown Pregnant Woman
July 18, 2017
At Atmore man has been charged with throwing a pregnant woman into a river and then attempting to drown her.
Daniel Ray Raybon, age 30 of Nathan Road, Atmore, was charged with two counts of attempted murder, unlawful possession of marijuana first degree and criminal mischief first degree.
According to information released Tuesday by the Escambia County (AL) Sheriff’s Office, a passerby came across the Perdido River Bridge on Railroad Street in Nokomis on July 7 and witnessed an injured pregnant female and Raybon exiting truck at the creek. The pregnant female appeared to be bleeding from her face.
The witness said Raybon then threw the female into the river, holding her head under the water in what appeared to be an attempt to drown her. When the passerby shouted at Raybon, he released the female and fled the scene, running into the passerby’s truck.
The female was transported to an area hospital for treatment of her injuries.
Raybon was arrested Tuesday. He remains in the Escambia County (AL) Detention Center in Brewton.
One Injured In Molino Fire
July 18, 2017
One person was injured in fire in a mobile home Monday morning.
The fire was in the 1400 block of Omega Drive. A man was transported by Escambia County EMS to Sacred Heart Hospital in Pensacola with severe burns on his hands.
The fire was reportedly a grease fire contained to the kitchen.
The fire is under investigation by the Florida State Fire Marshal’s Office.
Business With 40-60 Jobs Considers Century Industrial Park Location
July 18, 2017
The former Helicopter Technology building in the Century Industrial Park is being eyed by a business that would bring dozens of jobs to the town.
“We have a serious business inquiry, ” Danita Andrews, director of business development for the economic development group FloridaWest, told the the Century Town Council Monday night.
While the company’s name and exact plans will remain secret for now, as allowed under Florida law, Andrews (pictured left) said the company would bring 40-60 jobs to town if it should choose Century. She said Century is not the only location in the area being considered by the company.
Andrews asked the Century council to fund an appraisal of the building at an estimated cost of $3,000 to $4,000. After some discussion, the council voted to spend up to $2,000 for an appraisal, with FloridaWest chipping in a 50 percent cost share for the balance.
Andrews said she hopes to return to the council in the coming weeks with more details on the potential business.
The FloridaWest Economic Development Alliance is the region’s economic development organization.
The former Helicopter Technology building is a 40,000 square foot office/warehouse building with full climate control, sprinkler system, new HVAC and new energy efficient lighting. The town re-acquired the industrial building at public auction for less than $1 out of pocket back in August 2009, following the town’s foreclosure judgment against the now defunct Helicopter Technology.
NorthEscambia.com photos, click to enlarge.
Cantonment Man Gets 35 Years In ‘Heart-Wrenching’ Child Abuse Case
July 18, 2017
A Cantonment man was sentenced Monday to state prison in a child abuse case that Escambia County Sheriff David Morgan called “heart-wrenching” and one of the worst he has ever seen.
Jeffrey Scott Linton was sentenced to 35 years in state prison for aggravated child abuse and multiple counts of child neglect by Judge Thomas Dannheisser. His wife, Rachel Watkins Linton, is awaiting trial on the charges against her.
“It is one of those things that bring tears to your eyes to think that a child would be treated in this manner,” Morgan said during press conference following the couple’s arrest in May 2016. He said there were nine total children in the home – eight biologically belonging to Rachel Linton, one the biological child of Jeffrey Linton. The charges filed relate to the three youngest of the children.
All of the children have been removed from the home.
The investigation began after the Department of Children and Families received an anonymous tip. That led to the Escambia County Sheriff’s Office opening an investigation and executing a search warrant at the couple’s Cantonment home.
The allegations against the Lintons span the period August 2015 to May 23, 2016, according to an arrest report obtained by NorthEscambia.com.
EDITOR’S NOTE: The remainder of this story details some of the severe physical child abuse allegations in this case. There are details that some readers will find disturbing.
The report indicates that one of the victims suffered a broken leg and then a broken arm caused by one of the siblings, and that Rachel Linton did not feed or bathe the children or take them to medical appointments. Two of the victims were born prematurely and are developmentally delayed.
DCF received a tip that Rachel Linton was planning to flee the area and has a history of fleeing when she is under investigation.
DCF received a report that two victims had injuries to their faces and heads, and Rachel Linton took the victims to West Florida Hospital where a trauma survey found that one victim had two broken arms and a broken leg and all three victims were malnourished.
The report says Rachel Linton frequently hits the victims’ heads on the walls and that Jeffrey Linton also abuses them. Rachel Linton threatened the children with further punishment if they provided any information to DCF about the ongoing abuse in the home. Both allegedly told the children to blame their injuries on the other children in the home.
One child allegedly suffered a broken arm as the result of Jeffrey Linton twisting an arm. DCF discovered the children had multiple bruises on their faces, back and arms, and that the children had knots on the back and tops of their heads. They suffered a variety of other injuries, including an abscess on the bottom of a foot, scarring and scabbing of lips, scarring of a nose, lacerations to their ears and bruising to their genital areas.
A witness alleged that Jeffrey Linton would hold the victims upside down by their feet and hit their heads on the floor as punishment and that he would hit them with a paddle “2-3 feet long” and throw them and slam their heads against a wall, and he would allegedly hit them with a fly swatter.
The witness said the paddle is now broken from use, and that she would hear the children cry and scream in pain.
Ask MyEscambia App Now Available for Residents
July 18, 2017
Escambia County has launched Ask MyEscambia, a mobile and web application making it easier than ever for residents to connect with county services 24 hours a day.
With Ask MyEscambia, residents can request non-emergency services for road issues, code enforcement, stray animals, stormwater maintenance and much more. The app also provides a convenient way for citizens to request public records from Escambia County.
Making a request through Ask MyEscambia is very easy. Simply find the request type that best fits the problem you are encountering, then enter the information promoted by your specific request – which may include information like the address, a photo and detailed description of your issue or question – and click the submit button. There is no need to wait for a return call, you have the ability to receive notifications, monitor the status and communicate with staff at your convenience via the Ask MyEscambia app.
Ask MyEscambia can be accessed on a desktop computer at MyEscambia.com/ask, or residents can download the mobile app for free by searching “Ask MyEscambia” in the Apple App Store and Google Play Store or searching “PublicStuff” in the Windows Store or BlackBerry App World.
Weekly Escambia County Meeting Schedule
July 18, 2017
Here are Escambia County meeting scheduled for the remainder of the week:
Tuesday, July 18
Community Redevelopment Agency, Ernie Lee Magaha Government Building, 221 Palafox Place, 9 a.m. (Agenda)
Committe of the Whole Budget Workshop Continued, Ernie Lee Magaha Government Building, 221 Palafox Place, 9 a.m (Agenda)
Environmental Enforcement Special Magistrate, Escambia County Central Office Complex, 3363 West Park Place, 1:30 p.m. (Agenda)
Benefits Committee, Ernie Lee Magaha Government Building, 221 Palafox Place, 2 p.m.
Pensacola-Escambia Promotion and Development Commission, 418 W. Garden St., Pensacola, 2 p.m.
Board of County Commissioners Public Forum at 4:30 and Regular Meeting at 5:30 p.m., Ernie Lee Magaha Government Building, 221 Palafox Place (Agenda)
Wednesday, July 19
Development Review Committee, Escambia County Central Office Complex, 3363 West Park Place, 1 p.m. (Agenda)
Escambia County Disability Awareness Committee, Escambia County Central Office Complex, 3363 West Park Place, 3 p.m.
Thursday, July 20
Board of Electrical Examiners, Escambia County Central Office Complex, 3363 West Park Place, 3 p.m. (Agenda)
Update: Armed Robbery Suspect Arrested
July 18, 2017
Update: James Levoy Foster was booked in the Escambia County Jail about 6:30 p.m. Tuesday.
The Escambia County Sheriff’s Office is searching for a man and his female accomplice in connection with several robberies.
James Levoy Foster A.K.A. “Skigge”, 45, has multiple outstanding warrants for robbery and theft, and he’s also wanted for grand theft of a motor vehicle. Deputies said he may be in a silver Chevrolet Impala.
Deputies are also looking for his accomplice; she’s described only as a white female. She was the getaway driver in two separate robberies.
Anyone with information on the duo or that recognizes the pictured vehicle should call the Escambia County Sheriff’s Office at (850) 436-9620 or Crime Stoppers at (850) 433-STOP.
Tate Aggies Kick Off Youth Football Camp, Still Time To Join
July 18, 2017
Monday was the first evening of the Tate Youth Football Camp at Pete Gindl Stadium.
The camp continues 5-8 p.m. Tuesday and Wednesday. According to organizers, there is room for more participants. To join the camp, be at the stadium at 5 p.m. Tuesday to register.
The camp is beingdirected by Tate football coaching staff with assistance from Tate football players. It is an opportunity for youth to work on fundamentals, practice agility, run through drills and learn about being part of a team. No football equipment will be needed. Cleats are recommended, but not required.
Courtesy photos for NorthEscambia.com, click to enlarge.
