Legal Pot Causes Headaches For Local Officials
February 9, 2017
The seductive lure of neon flashing lights, explosions endangering workers and first responders, and bandits enticed by stockpiles of cash.
The parade of horribles seems endless for local government officials grappling with an anticipated “green rush” in Florida after voters in November overwhelmingly approved a measure legalizing medical marijuana for hundreds of thousands of patients with debilitating conditions.
More than two dozen counties — and about four dozen cities — have enacted moratoriums temporarily banning medical marijuana dispensaries from opening, and many more are considering measures to regulate the industry.
While marijuana is already legal in the state, a 2016 law restricted possession and sales of “full-strength” cannabis to terminally ill patients. The medical community is divided on whether doctors are now legally allowed to register patients who are eligible under November’s Amendment 2 — a much broader class of patients — into a statewide database that gives patients the ability to obtain marijuana from dispensaries.
About 2,000 patients are registered in the database, but that number is expected to eclipse 500,000 before the end of the year, according to Florida Department of Health estimates.
“This is coming to a city or a county where you live very soon,” state Office of Compassionate Use Director Christian Bax told a packed audience of more than 350 elected officials, industry representatives and hangers-on Saturday at the Florida Association of Counties Medical Marijuana Summit near Orlando.
Bax laid out a potential Pandora’s box of evils local governments can expect to encounter as Florida’s marijuana industry — potentially one of the largest in the nation — ramps up.
“You’re going to have people who think marijuana is just legal. You’re going to see people who think they can just grow it in their backyard. You’re going to see people who think that, because they’ve been ordered (it) by a doctor, they can consume or over-consume and get behind the wheel of a car,” Bax said.
Bax always predicted that “gray markets” would begin to pop up.
“You’re going to see people who are at best confused and at worst are doing something inappropriate and … hanging a shingle or attempting to hang a shingle without any kind of licensure or approval,” he said.
The constitutional amendment, which went into effect last month, gives the Department of Health six months to craft rules to implement the measure and another three months to put the rules into effect — an expedited timeline for state rulemaking, Bax frequently points out.
This week, health officials began holding a series of public hearings across the state on the proposed rules. And state lawmakers are also considering legislation to implement Amendment 2. Bills will be considered during the session that begins next month.
While some county commissioners left Saturday’s day-long event feeling reassured about the nascent marijuana industry’s imprint on their turf, others remained skeptical.
Manatee County Commissioner Robin DiSabatino said she learned at the meeting Saturday morning that a medical marijuana dispensary would soon open in Bradenton, one of the few cities in her county. Manatee County in December approved a six-month moratorium on retail marijuana operations, but most county moratoriums don’t prevent cities from allowing dispensaries.
“They did not have to go through a public hearing. They just had to go through permitting in the city of Bradenton,” DiSabatino told The News Service of Florida.
The downtown location is worrisome because, DiSabatino said, it’s near to a one-stop center where homeless people can receive meals and medical treatment and is just a few blocks away from a Pittsburgh Pirates training center.
The Bradenton marijuana dispensary will be one of several locales operated by Trulieve, one of a handful of “dispensing organizations” licensed by state health officials to grow, process and distribute medical marijuana products.
Trulieve CEO Kim Rivers told The News Service the Bradenton dispensary was approved before the county passed its moratorium.
DiSabatino is among a growing number of local officials banking on the state Legislature to implement regulations regarding Amendment 2, which received more than 71 percent approval from voters in November.
Meanwhile, the local moratoriums — temporary bans on permitting and zoning for dispensaries — are intended as status quo placeholders while officials wait for lawmakers, or the Department of Health, to impose new rules.
“I don’t know that there’s that many cities that are hardcore against it. A lot of them are in the sense of, if we’ve got to have it, that’s fine, but we want to make sure they’re in the areas where it’s safe, away from traffic, away from schools and all that sort of stuff,” Florida League of Cities assistant general counsel Ryan Padgett said recently. “This isn’t a CVS or Walgreens. (Dispensaries) are in a different ball game. And a lot of people are trying to distinguish what category we put these in.”
Powerful odors, fire hazards — a number of volatile chemicals can be used in enclosed spaces to process the cannabis products — and traffic congestion are among the issues local officials are concerned about in an industry that state lawmakers have said they will not tax because it is a medicine.
“It’s not any one thing, but it’s kind of that drip, drip, drip, drip, drip that has a lot of cities concerned,” Padgett said. “We’re going to have to do all this extra stuff to deal with this. That’s going to take resources and somebody’s going to have to pay for it.”
While most county officials view the entree of legal marijuana in their communities with trepidation, others have a more blase — or even welcoming — approach.
Alachua County achieved notoriety decades ago for a potent strain of marijuana known as “Gainesville Green.” The county is now home to two dispensing organizations, licensed by the state to grow, process and distribute medical marijuana.
County commissioners not only rejected a recent recommendation by staff to impose a moratorium on dispensaries, local officials also did away with a sign that once greeted visitors at the county line by advertising a “zero drug” tolerance policy.
The new signs now extol Alachua as a place “where nature and culture meet.”
As in other communities, county officials are being inundated with requests from potential businesses seeking information about zoning and other restrictions, county attorney Michele Lieberman told attendees at Saturday’s meeting.
A potential marijuana business operator requested information about the county’s zoning, Lieberman said.
The unidentified company sought the data before its competitors could grab up all the “good locations,” it said.
“Ours will be very classy,” the letter read.
Sen. Rob Bradley, R-Fleming Island, and House Majority Leader Ray Rodrigues, R-Estero, told the crowd this weekend that lawmakers don’t plan to keep counties and cities from imposing their own regulations or zoning on the marijuana industry.
Because the Constitution now requires the public to have access to medical marijuana, moratoriums could be challenged if they keep patients from getting treatment.
“In looking at some of the different proposals where a community is going to be forced to choose between a certain number (of dispensaries) or is explicitly authorized to ban locations in their communities, then we do need to have a conversation about access,” Rivers said.
She and other industry executives are trying to work with local officials to resolve concerns about the numbers of dispensaries and where they are located.
“We suggest cautious regulation to assist law enforcement and local elected officials, such as … setbacks from schools and places of worship,” said Nikki Fried, a consultant for the Green Solution, based in Alachua County.
by Dara Kam, The News Service of Florida
Justices Object To Video Hearings In ‘Baker Act’ Cases
February 9, 2017
A skeptical Florida Supreme Court has moved to at least temporarily block Lee County judges from holding videoconference hearings in cases about whether mentally ill people should be involuntarily committed to treatment facilities.
Justices unanimously issued a stay late Tuesday afternoon, hours after listening to arguments about the use of videoconferences in what are known as “Baker Act” cases. Public defenders last year challenged the use of video technology instead of judges or magistrates appearing in person at mental-health facilities and sought a stay to halt the practice.
The Supreme Court issued a one-sentence decision and indicated a broader legal opinion would be issued later. But Kathleen Smith, public defender in the 20th Judicial Circuit, which includes Lee County, said Wednesday she expects the decision to lead to in-person Baker Act hearings starting Friday.
During Tuesday’s hearing, justices pointedly questioned the legal basis for holding Baker Act hearings remotely, as Assistant Attorney General Caroline Johnson Levine argued in support of allowing videoconferences. Lee County judges did not take part in the hearing.
“So all of our circuit judges could simply say we’re not coming to the courthouse and we’re not going to conduct anything in person, we’re just going to set up TV cameras and I am going to sit by my pool having an iced tea and enjoying myself, and I’ll just do everything from there?” Justice R. Fred Lewis asked at one point. “And there’s nothing that requires that judge to be in person conducting judicial business?”
Robert Young, an attorney in the 10th Judicial Circuit public defender’s office, argued that videoconferences particularly pose difficulties for some people with mental illnesses.
“You’re talking about folks who are often overstimulated by their surroundings and asking them to attend to conversations both in front of them and on the screen,” said Young, who represented the opponents at the Supreme Court.
The issue went to the Supreme Court after a panel of the 2nd District Court of Appeal ruled in September that nothing bars Lee County judges from holding videoconference hearings in Baker Act cases — though the panel expressed reservations about the practice. The Supreme Court initially refused a request from public defenders to stay the practice, but the ruling Tuesday vacated that decision.
While videoconferences began last year in Lee County, judges in other areas also have looked at the idea. Jeffrey Colbath, chief judge of Palm Beach County’s 15th Judicial Circuit, filed a friend-of the-court brief that said his circuit was moving toward using remote hearings in Baker Act cases.
Colbath took part in Tuesday’s arguments at the Supreme Court and said the idea involves “management of resources,” at least in part because the Legislature has not provided money to add judges. He said sprawling Palm Beach County has seven mental-health facilities.
“Right now, we’re doing so much with so little, and as we all know very well, the Legislature is being pretty stingy with us,” Colbath said. “And if I had a couple of extra magistrates, I wouldn’t have had to explore this. I mean, it’s really that simple.”
But Smith, the public defender in the 20th Judicial Circuit, questioned why people with mental illnesses should be “treated any differently” from other people who go before judges for in-person hearings. Like Young, she also pointed to the difficulties that mentally ill people might have with taking part in hearings through TV screens.
Smith told The News Service of Florida on Wednesday that “it’s not really a quality of technology issue. It’s the fact that mentally ill people that are experiencing these kinds of symptoms can’t appreciate or participate in the hearing fully.”
by Jim Saunders, The News Service of Florida
Boyette Dead, Rice In Custody In Georgia
February 8, 2017
William “Billy” Boyette and Mary Rice were surrounded Tuesday afternoon in a motel room in West Point, GA. Boyette took his own life; Rice is in custody.
The pair reportedly checked into the small motel Monday night. An observant Georgia citizen that had seen a local news report spotted their car in the parking lot about 1:30 p.m. Tuesday. The vehicle was positively identified as a Chevrolet Cobalt which was stolen during an armed home invasion robbery in Beulah on Monday morning.
Troup County authorities surrounded the hotel and awaited for additional state and local law enforcement to arrive, including a SWAT team from the Georgia State Patrol and U.S. Marshals.
Rice reportedly exited the room on command, closed the door behind her and peacefully surrendered. A short time later, officers heard a gunshot from within the room. They made entry and found Boyette deceased from a self-inflicted gunshot wound.
Rice was transported to the Troup County Sheriff’s Office for questioning. Members of the State Attorney’s Office travled from Pensacola to Georgia to begin the interview process. It was not immediately clear if Rice will be extradited back to Florida or Alabama first to face charges in connection with two murders in Milton, a murder in Beulah and a murder in Lillian, AL.
Tuesday was day seven of a massive manhunt continued Tuesday for the duo.
The search centered primarily around BeulahT he Escambia County Sheriff’s Office has doubled the number of uniformed deputies on the streets, and the reward in the case has increased to $21,000.
On Monday, Boyette allegedly shot Kayla Crocker during a home invasion robbery on Beulah Road. Her 2-year old in the house was unharmed. The couple stole her 2006 white Chevrolet Cobalt. Boyette and Rice then made a purchase at a local Shell station and then proceeded to get breakfast at Hardee’s before disappearing again. Crocker passed away Tuesday afternoon from her injuries.
Boyette was the suspect in the shooting death of 30-year old Alicia Greer and 39-year old Jacqueline Moore in Milton at the Emerald Sands Inn a week ago and 52-year old Peggy Broz last Friday morning in Lillian, AL.
Law enforcement officers in multiple counties spent Sunday following up on alleged sightings of Boyette, but all turned out not to be him.
He allegedly stole the victim’s car Friday in Lillian. That vehicle was found abandoned in Beulah Saturday morning on Nine Mile Road near the I-10 intersection, not far from Navy Federal. That led authorities to believe that he might be in Escambia County where he has family ties. A K-9 search around the car turned up nothing.
Fourth Boyette Victim, A Beulah Mother Of Two, Has Passed Away
February 8, 2017
The 28-year old Beulah mother of two shot Monday died from her injuries on Tuesday afternoon.
Kayla Crocker was shot in the head during robbery home invasion early Monday morning at her home on Beulah Road by William Boyette, Jr. Her 2-year old was reportedly in the house at the time but was unharmed.
Boyette stole Croker’s 2006 Chevrolet Cobalt, the same vehicle he eventually used to flee to Georgia.
Boyette took his own life Tuesday afternoon in Georgia when authorities surrounded in a hotel room. His accomplice, Mary Rice, is in custody in Georgia. There’s no word yet what charges she will face in connection with Crocker’s death.
Family members have established a GoFundMe account to assist with funeral expenses and to establish an educational fund for her two children – 2-year old James Ross and 6-year old Rhea Naomi. Click here.
Crocker is a 2006 graduate of Tate High School.
Boyette Search Shuts Down Kingsfield, Locks Down Ransom Middle School
February 8, 2017
As authorities were surrounding William Boyette and Mary Rice in a Georgia motel room Tuesday afternoon, authorities in Escambia County were surrounding an area on Kingsfield Road off Beulah Road.
Ransom Middle School, the largest in the county, was placed on a “code red” lockdown as a precaution, and extra deputies responded to protect the campus.
The Escambia County Sheriff’s Office, including their mobile command unit and SWAT team, mobilized with other law enforcement agencies around the wooded area on Kingsfield Road. They knew about the developing situation in Georgia, but continued with their local search just in case until receiving confirmation that the deadly duo was apprehended in Georgia.
Once confirmation was received that Boyette had taken his own life and Rice had surrendered, authorities in Escambia County ended their days-long manhunt.
NorthEscambia.com photos by Kristi Barbour, click to enlarge.
IP Explosion: Command Team Cuts Daily Oversight
February 8, 2017
Since the day after the January 22 explosion at International Paper in Cantonment, a Unified Command team as met onsite at IP multiple times per day to develop, review and implement action plans. But those daily meetings are coming to an end.
The Unified Command Team has developed and approved the remediation plans that are currently being implemented by cleanup teams and have finalized the long-term monitoring plan that will continue for the next six months once active cleanup is complete.
Now, the team has implemented a 15-day plan with agency representatives transitioning back their normal jobs. The Unified Command Team is comprised of International Paper, Escambia County EMA/Public Safety, Florida Department of Health, Florida Department of Environmental Protection and the U.S. Environmental Protection Agency.
The Unified Command Team will continue their collaborative oversight of remediation efforts and continue to provide guidance and technical expertise through daily communications and data reviews.
“International Paper remains committed to completing the remediation effort. We are not going anywhere. We are going to be here,”Mill Manager Brett DeJong said.
The next in-person Unified Command Team meeting is scheduled for Wednesday, February 22. The team is also ending daily updates provided to the media.
The Unified Command’s Joint Information Center (1-850-968-4208) will continue to be available for residents in the affected areas. Due to a progressive decrease in call volume, beginning today, live operators will now be available from 8 a.m. to 5 p.m. with voicemail available. Voicemail messages will be returned the next business day.
Of the approximately 150 homes identified as potentially being impacted by the uncident, about 90 percent have been partially or fully remediated.
All residents in the area impacted incident have been contacted or have had access forms left on the front door. A drop box has been left to receive the signed forms and a sign posted at the community entrance with an information phone number and location of the drop box.
Pictured top: The boots of cleanup team members are pressure washed as they leave Woodbury Circle in Cantonment. Pictured inset: A drop box on Woodbury Circle for providing signed forms to IP. Pictured below: Members of the Unified Command Team hold a press conference days after the Cantonment International Paper explosion. NorthEscambia.com photos, click to enlarge.
One Injured In Cantonment Three Vehicle Crash
February 8, 2017
One person was transported to an area hospital following a three vehicle crash Monday afternoon
The accident happened about 12:25 p.m. on North Highway 29 at Morris Road in Cantonment. At least three other people refused medical treatment at the scene.
The accident is under investigation by the Florida Highway Patrol.
NorthEscambia.com photos by Kristi Barbour, click to enlarge.
High School Basketball Playoffs, Final Scores
February 8, 2017
Here are playoff scores from around the area Tuesday night:
District 1-8A
(3) Navarre 48, (2) Gulf Breeze 45
(1) Niceville 68, (4) Tate 52
Niceville at Navarre, Friday, 7 p.m.
District 1-7A
(3) Pace 53, (6) Milton 36
(4) Pine Forest 65, Escambia 54
Pace at Pine Forest, Friday 7:30 p.m.
District 3-1A
(2) Baker 49, (3) South Walton 46
(1) Chipley, (4) Freeport *
*Freeport forfeited due to a medical emergency
Baker vs Chipley, Friday 7 p.m. at Freeport
No Serious Injuries In North Century Boulevard Wreck
February 8, 2017
There were no serious injuries in a two vehicle crash involving a car and 18-wheeler late Monday morning on North Century Boulevard at McCall Road. The car came to rest in a parking lot, while the truck came to a stop in the paved median of the highway. The accident is under investigation by the Florida Highway Patrol. NorthEscambia.com photo, click to enlarge.
Prison Inmate From Escambia (AL) County Escapes
February 7, 2017
An Alabama prison work release inmate convicted in Escambia County (AL) escaped from custody Tuesday morning.
Winston David Howell, 36, escaped from the Mobile Work Release Center about 11:18 a.m. He was last seen wearing a camouflage jacket, colored shirt and dark pants. He is described as a white male, brown hair, brown eyes, 6-feet 1-inch tall and about 200 pounds.
Anyone that knows his whereabouts is asked to call their local law enforcement agency or 911.
Howell was convicted in Escambia County on May 24, 2016, for receiving stolen property first degree. He was sentenced to one year and seven months.
Howell was arrested in March 2016 after an Escambia County (AL) Sheriff’s Office deputy stopped with a pickup truck that sitting along Highway 21 north of Fountain Prison to see if the driver needed assistance. After deputies determined the truck had been reported stolen in Mobile, Howell fled in the vehicle.
The deputy gave chase south toward Atmore. Upon reaching the city limits, the driver turned back north on Highway 21. He eventually turned onto Wayside Road, about five miles north of I-65, and ran off the the roadway a few hundred feet into an open field. The deputy fired at the truck in order to disable it, according to Chief Deputy Mile Lambert.
There were no injuries, and no one was struck by the gunfire.
NorthEscambia.com file photos, click to enlarge.
