Judge Rules Against State On Ballot Signatures
October 18, 2016
In a blistering decision little more than three weeks before Election Day, a federal judge has ruled that a Florida law that could lead to the rejection of thousands of vote-by-mail ballots is unconstitutional.
The 30-page ruling Sunday by U.S. District Judge Mark Walker focused on situations in which voters’ signatures submitted with mail-in ballots do not appear to match signatures on file with county supervisors of elections. Under a 2004 law, such mail-in ballots are rejected.
But siding with the Florida Democratic Party and the Democratic National Committee in a lawsuit filed against Secretary of State Ken Detzner, Walker issued a preliminary injunction ordering a process that would allow voters to resolve questions about such “mismatched signature ballots” — and have the ballots counted.
Walker called the state law “indefensible” and said it threatened to disenfranchise voters.
“During this election cycle, millions of voters across the state will march happily to their mailbox and attempt to exercise their fundamental right to vote by mailing their vote-by-mail ballot,” Walker wrote. “After the election, thousands of those same voters — through no fault of their own and without any notice or opportunity to cure — will learn that their vote was not counted. If disenfranchising thousands of eligible voters does not amount to a severe burden on the right to vote, then this court is at a loss as to what does.”
A key part of Walker’s ruling was that state law has allowed voters a process to fix — or, in legal parlance, “cure” — vote-by-mail ballots that do not include signatures. But it has not allowed a similar process for when signatures do not appear to match.
“It is illogical, irrational, and patently bizarre for the state of Florida to withhold the opportunity to cure from mismatched-signature voters while providing that same opportunity to no-signature voters,” Walker wrote. “And in doing so, the state of Florida has categorically disenfranchised thousands of voters arguably for no reason other than they have poor handwriting or their handwriting has changed over time.”
The ruling came as Democrats and Republicans try to round up every possible vote before the Nov. 8 general election, as Florida plays a critical role in the presidential race. It also came just days after Walker ordered that Florida’s voter-registration deadline be extended a week because of interruptions caused by Hurricane Matthew.
In a document filed Saturday, an attorney for Detzner argued that the vote-by-mail lawsuit should be dismissed. In part, the document said county election canvassing boards — not Detzner — are responsible for carrying out the law dealing with mismatched signatures. As a result, it argued that Detzner should be shielded from the lawsuit under the legal concept known as sovereign immunity.
“In sum, the secretary of state is not ‘responsible’ for carrying out the comparison mandated by the challenged statute,” the document said. “That responsibility is given to county officials and boards. Nor has the secretary attempted to carry out or second guess a comparison of signatures. Nor does the secretary have the power to simply issue orders to the independently elected supervisors of election or canvassing boards to take specific action with respect to the comparison of signatures. The alleged injury complained of would not be inflicted by the secretary, but by these local officials.”
But Walker rejected that argument, writing it is, “at best, disingenuous” for Detzner to contend he could not direct local elections officials to comply with a court order on the signature issue.
Walker also rejected the possibility that the law could be needed to prevent voter fraud.
“Indeed, this court is not being asked to order that any specific vote be counted, let alone those that are fraudulent,” he wrote. “Rather, this court is simply being asked to require that mismatched-signature voters have the same opportunity to cure as no-signature voters. In fact, letting mismatched-signature voters cure their vote by proving their identity further prevents voter fraud — it allows supervisors of elections to confirm the identity of that voter before their vote is counted.”
by Jim Saunders, The News Service of Florida
Florida Lottery Sales Break Records
October 18, 2016
The Florida Lottery announced a record-breaking first quarter with ticket sales exceeding $1.44 billion. That broke the previous first quarter record of $1.35 billion, set last year, by $97 million. The Lottery’s first quarter contribution to the state’s Educational Enhancement Trust Fund (EETF) is expected to reach $388 million, a 10.23% increase over the same period last year.
“To begin a new fiscal year with such promising sales is a tremendous accomplishment for the Florida Lottery,” said Secretary Tom Delacenserie. “Record sales mean great things for Lottery players and retailers, but most importantly for our state’s education system. Because of our hardworking sales team and Lottery staff, as well as our loyal players and retailers, I know this is only the beginning of what the Lottery will achieve this year.”
Strong scratch-Off sales of more than $957 million, along with the multi-state Powerball ,with sales exceeding $115 million, helped account for the majority of the Lottery’s new first quarter record gains. Powerball reached its fifth largest jackpot ever at $478 million in July. Sales from this jackpot contributed more than $38.5 million to education in Florida.
State Grant Funding $25K Update To Century’s Land Development Code
October 18, 2016
The Town of Century has hired a firm to update their aging Land Development Code, thanks to a state grant.
The town received a $25,000 Division of Community Development’s Community Planning Technical Assistance Grant from the Florida Department of Economic Opportunity to update their LDC, which was adopted on April 29, 1991.
Monday night, the Century Town Council awarded a contract for the work to Peggy Fowler and Associates, which submitted the only proposal.
The public with have an opportunity to weigh in on any changes to Century’s LDC, as the process calls for at least three public workshops and a public hearing before the town council.
Escambia Woman Faces 30 Years After High Speed Chase
October 18, 2016
An Escambia County woman faces a minimum of 30 years in state prison after a high speed chase during which she crashed into a deputy.
Charmaine Brown was convicted of aggravated battery on a law enforcement officer, aggravated assault on a law enforcement officer, fleeing or attempting to elude a law enforcement officer with lights and siren activated at high speed, grand theft auto, grand theft of a firearm, criminal mischief and resisting an officer without violence.
On July 30, 2015, Brown was at the home of an elderly gentleman. She was caught by the victim rummaging through his personal belongings. The victim confronted Brown with a firearm, a struggle ensued and the gun was discharged. The victim was unharmed and Brown fled with the gun and in the victim’s car with another individual. Law enforcement arriving on the scene, saw the car leave at high speed. Officers pursued, believing that the elderly gentleman may have been kidnapped.
During the pursuit, Brown nearly struck an occupied law enforcement officer’s vehicle that was blocking traffic. The chase began in the area of the Barrancas Bridge and terminated in Perdido after the defendant crashed into another law enforcement officer’s occupied vehicle. During the course of the chase, Brown drove erratically and at speeds in excess of 100 mph. Charmaine Brown was taken into custody without incident.
Judge Gary Bergosh scheduled Brown’s sentencing for November 8p.m. Brown qualifies a prison releasee reoffender and faces a mandatory minimum of 30 years in state prison.
PPD Lt. Scott McDonald Retires
October 18, 2016
A law enforcement career that began as a cadet and ended as a lieutenant concluded Monday when Scott McDonald retired from the Pensacola Police Department.
McDonald was hired by the department as a cadet on January 10, 1983. Among his assignments during the next 33 years would be community relations, property management, uniform patrol, TAC, and vice and narcotics.
He was promoted to police officer on March 5, 1984; to sergeant on June 19, 1995; and to lieutenant on December 23, 1999.
On April 10, 2006, he transferred to the Administrative, Technology & Services Division and remained there until his retirement today. Among his duties as a lieutenant in ATSD were fleet management and updating mobile radios in police vehicles and officers’ portable radios.
He also supervised a two-year $7 million overhaul of the department’s communications center. The upgrade brought state-of-the-art equipment into the department and also offered a work environment designed to offer various degrees of comfort for telecommunicators.
McDonald recently was presented the Chief’s Award from Chief David Alexander III in recognition of his diligence and dedication to improving the communications center.
Lt. McDonald and his wife Jennifer have lived in Molino for 22 years, and will continue calling the area “home” in his retirement.
Highway 29, Three Other Escambia Roads, Among The Deadliest In America
October 17, 2016
A new study says that four of the deadliest highways in the country run through Escambia County.
The study looked at the total length of each highway nationwide and the number of fatalities that occurred per 100 miles between 2011 and 2015. The group found that I-10 ranked as the fourth deadliest in the country with nearly 55 deaths per 100 miles from Florida to California.
Highway 90 ranked 29th with about 21 deaths per 100 miles, and Highway 98 was in the 31st spot with 20 deaths per 100 miles.
Highway 29, the only ranked highway to run through the immediate North Escambia area, ranked as the 35th deadliest highway in America with 14.5 deaths per 100 miles.
The study was conduced by the personal finance research group ValuePenguin, which ranked the 50 deadliest roads in the country.
Pictured: the scene of a 2015 fatal crash on Highway 29 in McDavid which claimed the life of north Alabama man. NorthEscambia.com file photo, click to enlarge.
FWC Law Enforcement Report
October 17, 2016
The Florida FWC Division of Law Enforcement reported the following activity during the weekly period ending October 13 in Escambia and Santa Rosa counties.
ESCAMBIA COUNTY
Lieutenant Hahr was patrolling in the Escambia River Wildlife Management Area (WMA) at Cotton Lake campground when he observed a couple sharing a pipe as they smoked cannabis. Both were charged with possession of not more than 20 grams of cannabis and possession of drug paraphernalia.
While on board the Offshore Patrol Vessel Fincat, Officers Cushing, Pettey and Tolbert patrolled federal waters of the Gulf of Mexico over the weekend. They boarded numerous vessels and found violations for failure to allow inspection, possession of red snapper during closed season, possession of gray triggerfish during closed season, and no federal reef fish charter permit. The appropriate citations and warnings were issued.
SANTA ROSA COUNTY
Officers Jernigan and Lewis, alongside FWC biologists, worked a public outreach event at the Munson Heritage Festival. More than 2,000 people visited FWC’s booth. The officers discussed FWC-related topics with hundreds of visitors.
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.
Markus Baxley, Aggie Nation Present $1,000 To Miracle League
October 17, 2016
When Tate High arranged for a Markus Baxley, who has cerebral palsy, to score a touchdown in the Aggies game against Pace, the Aggie Nation also collected funds for Markus’ favorite charity.
Markus recently presented a $1,000 check from the Aggie Nation to the Miracle League of Pensacola.
To read more about Markus and his big touchdown, click here.
NorthEscambia.com photo by Kristi Barbour, click to enlarge.
Impact 100 Awards $108,000 Each To 10 Charities
October 17, 2016
IMPACT 100 Pensacola Bay Area, a local women’s philanthropy group, awarded 10 grants Sunday worth $108,200 each to community groups.
The group has awarded over $8.3 million to nonprofits in Escambia and Santa Rosa counties since 2004.
Each of the following organizations was awarded $108,200 Sunday after a thorough grant review, committee process and membership vote:
ARTS & CULTURE
The Santa Rosa County Creek Indian Tribe, Inc.
Project: Native American Cultural Center
St. John’s Cemetery Historical and Educational Foundation, Inc.
Project: The OUTDOOR MUSEUM at St. John’s Historic Cemetery
EDUCATION
The Arc Gateway, Inc.
Project: Jeff’s Corner Garden at The Arc Gateway
Milk and Honey Outreach Ministries, Inc.
Project: Building Precious GEMS
ENVIRONMENT, RECREATION & PRESERVATION
Greater Pensacola Junior Golf Association, Inc. (The First Tee of Northwest Florida)
Project: Golf and Life Skills Training Facility
Northwest Florida Marine Education and Discovery of Gulf Ecosystems, Inc. (Navarre Beach Marine Science Station)
Project: Coastal Conservation Corp
FAMILY
Manna Food Bank, Inc. (Manna Food Pantries/MANNA)
Project: Fighting Hunger – Better, Faster, Stronger!
Studer Community Institute, Inc.
Project: IMPACT Brain Bags
HEALTH & WELLNESS
Escambia Search and Rescue Dive Team, Inc.
Project: Sea, Air and Land Capabilities Improvement Initiative
PACE Center for Girls (Escambia/Santa Rosa), Inc.
Project: Go Reach
Inmate Re-Entry Facilities Fight Funding Changes
October 17, 2016
Advocates for inmate re-entry facilities said a Florida Department of Corrections plan to change the way work-release and substance-abuse programs are funded violates state law and may increase rates of recidivism.
Re-entry contractors led by Bridges of America — which provides services in some major cities and has an Orlando contract set to expire Dec. 31 — told reporters the Department of Corrections is running afoul of a requirement that substantial changes in corrections funding are subject to legislative and executive-branch review. The contractors said the changes would reallocate funds from facilities like theirs to programs inside prisons.
Lori Costantino-Brown, president of Bridges of America, said the Department of Corrections notified her organization in July that its state contract would be rebid through a process known as a request for proposals. The department then gave Bridges of America a three-month extension on an existing contract while preparing for the procurement process.
Constantino-Brown said the procurement proposal was “different from anything they had put out in the past,” including geographical caveats and facility requirements she called “suspicious.” Bridges of America has filed a formal protest to the request for proposals.
But Department of Corrections officials, including Secretary Julie Jones, have disputed the allegations.
“They’re welcome to bid on the proposal,” department spokeswoman Michelle Glady said. “If they did, it may change things for them. That would be the decision they have to make. They’re a business. They’re currently protesting it — that has to be resolved before we move forward with this process.”
The department and Bridges of America reached an agreement in May that allowed Bridges to continue operating facilities in Broward and Manatee counties, albeit under altered conditions and subject to termination by the department after two years. Both contracts include three one-year renewal options.
“Today, more than 60 percent of the department’s substance use disorder budget is dedicated to treating only a small number of individuals,” Jones said in a September memo. “We know we can do better. We want to provide more services to treat an even greater number of individuals with the same resources.”
Department officials say their plan would provide services to more prisoners with the same funding levels, while re-entry facility representatives claim the state’s plan focuses simply on “filling prison slots,” increasing the volume of prisoners served but with diminished effectiveness.
Some groups, such as Florida TaxWatch, have backed the re-entry facilities, arguing the department plan would increase inmate recidivism.
by Ryan Ray, The News Service of Florida