Scott Declares Emergency For All Of Florida Due To Hurricane Matthew
October 4, 2016
Gov. Rick Scott on Monday signed an executive order declaring a state of emergency for all of Florida as a major hurricane threatened to churn up the East Coast later in the week.
Hurricane Matthew was southeast of Jamaica on Monday but was predicted to head north and likely produce “devastating impacts from storm surge, extreme winds, heavy rains, flash floods, and/or mudslides in portions of the watch and warning areas in Haiti, Cuba, and the Bahamas,” the National Hurricane Center said in a 5 p.m. advisory.
While the path remains unclear as the storm goes further north, the Hurricane Center said direct hurricane impacts are possible in Florida later in the week.
Scott said the declaration of emergency will help the state prepare.
“Hurricane Matthew is a life-threatening Category 4 hurricane and we must all take it seriously,” Scott said in a statement. “If Hurricane Matthew directly impacts Florida, there could be massive destruction which we haven’t seen since Hurricane Andrew devastated Miami-Dade County in 1992. That is why we cannot delay and must prepare for direct impact now.”
At this time, Hurricane Matthew is not expected to have any significant impact on Escambia or Santa Rosa counties
.
by The News Service of Florida
North Escambia’s ‘Donut Boy’ Takes His Mission To Oregon To Thank Cops
October 4, 2016
Tyler Carach of Bratt is continuing on his mission to thank every police officer in the U.S. with a doughnut.
He flew across country late last week in his first plane ride ever to thank law enforcement in Oregon. Tyler, 8, met and shared doughnuts with the Eugene (OR) Police Department, the Springfield (OR) Police Department, Lane County Sheriff’s Office and the Oregon State Police, thanks to radio station 94.5 Mix FM.
“Way to go Tyler and thank you for continued support,” Oregon State Police tweeted. He also received a special thank you proclamation from the Eugene (OR) mayor.
NorthEscambia.com first introduced the world to Tyler, AKA “Donut Boy”, back in the summer when he decided to spend his own money to buy doughnuts for Escambia County Sheriff’s Office deputies that were inside Gilley’s Store in Bratt. From there, he created the “I DONUT need a reason to THANK a cop” program after providing over 400 Krispy Kreme doughnuts to the entire Escambia County Sheriff’s Office. He also recently paid a visit to the Flomaton (AL) Police Department. [Read more in a previous story...]
A doughnut shop in Springfield, OR, provide the donuts needed for Tyler’s Oregon trip, while an Oregon credit union contributed toward the airfare and a hotel chain provided the room for Tyler and his mom, Sheena Carach.
Tyler’s good deeds were covered by several Oregon newspapers and television stations, and on Monday his story was picked up by the nationally syndicated program Inside Edition.
Pictured: “Donut Boy” Tyler Carach of Bratt thanked police officers across the country in Oregon with doughnuts late late week. Courtesy photos for NorthEscambia.com, click to enlarge.
Tate Showband Earns Straight Superiors At Blackwater Classic Festival
October 4, 2016
Tate Showband of the South scored straight superiors at the Blackwater Classic Marching Band Festival last Saturday at Milton High School performing their show “Home Sweet Home”.
For additional photos, click here.
Photos by Perry Doggrell for NorthEscambia.com, click to enlarge.
Roy Hyatt Environmental Center Holds Open House
October 4, 2016
The annual open house was held Saturday at the Roy Hyatt Environmental Center in Cantonment.
Visitors had the opportunity to stroll through the center’s butterfly garden, hike trails into a bog, meet owls from the Wildlife Federation of Northwest Florida, peer through telescopes from with the Escambia Amateur Astronomy Association, meet the resident reptiles, and bid on artwork and other items in a silent auction.
The Roy Hyatt Environmental Center is at 1300 Tobias Road, Cantonment.
Courtesy photo for NorthEscambia.com, click to enlarge.
Gitmo Families Evacuated To NAS Pensacola
October 4, 2016
Approximately 700 spouses and children are evacuating from Naval Station Guantanamo Bay (NSGB), Cuba during preparations for the arrival of Hurricane Matthew.
U.S. Transportation Command provided four C-17 and two C-130 aircraft as military airlift traveling to Naval Air Station Pensacola.
Relocating family members allows the installation to minimize operations during the storm, expediting recovery operations after the hurricane has passed. NSGB has approximately 5,500 residents living and working aboard, including families. The remaining 4,800 personnel remain behind in order to quickly begin recovery efforts, and will shelter in place.
The installation expects winds above 60 mph for several hours as Hurricane Matthew passes. U.S. Northern Command, U.S. Southern Command, U.S. Transportation Command, U.S. Fleet Forces, Navy Installations Command, and Navy Region Southeast are providing the Naval Station Guantanamo Bay support and will continue to do so through the recovery efforts following the storm.
Pictured: Families settle into their seats aboard a Boeing C-17A Globemaster III aircraft for evacuation from Naval Station Guantanamo Bay (NSGB) to Pensacola ahead of Hurricane Matthew. Pictured inset: Naval Air Station Pensacola Commanding Officer Capt. Christopher Martin and his wife, Catherine (left), greet Naval Station Guantanamo Bay’s Commanding Officer Capt. David Culpeper’s wife as part of the first lift of Hurricane Matthew evacuees. Approximately 700 spouses and children of Guantanamo personnel are being housed on Naval Air Station Pensacola until the storm passes and it is safe to return. U.S. Navy photos for NorthEscambia.com, click to enlarge.
Ernest Ward Middle Cross Country Team Faces T.R. Miller Challenge
October 4, 2016
The Ernest Ward Middle School Cross Country team recently took part in the T.R. Miller Challenge. EWMS top finishers were:
EWMS GIRLS (3K)
- Leah Anderson 16:15.2
- Kacy Knable 16:48.7
- Emily Levins 19:32.9
- Hadassah Mascaro 19:42.4
- Autumn Williams 20:28.2
EWMS BOYS (3K)
- Dakota Bryan 13:35.8
- Levi Kirpatrick 15:00.7
- Kole Stewart 15:04.6
- James McElhaney17:37.3
- Andrew Denton 17:54.4
Photo for NorthEscambia.com, click to enlarge.
Cantonment Man Charged With Murder In Stabbing Death
October 3, 2016
A Cantonment man is facing a murder charge for a stabbing death in Freeport.
Jefferson Charles Michael Helton, age 26 of Rose Petal Lane, has now been charged with murder in the second degree for the stabbing death of a 26-year old Alabama man in Walton County.
Helton and the victim, identified as 26-year old Sandy James Berlin, were involved in an altercation on LaGranage Road in Freeport just after 12:00 a.m. September 23. Berlin was stabbed several times in the chest. He was transported to an area hospital where he later died.
Helton was captured the following day with help of a Good Samaritan. Helton was held on a violation of probation for aggravated battery with a deadly weapon out of Escambia County.
“We hope this is just the first step in getting justice for our victim,” said Walton County Sheriff Michael Adkinson. “These investigations require a thorough approach not just to allow for an arrest, but a conviction.”
Pictured: Second degreee murder suspect Jefferson Charles Michael Helton of Cantonment is taken into custody. Pictured below: The scene of the stabbing in Freeport. Photos for NorthEscambia.com, click to enlarge.
Molino Park Community Helpers Day (With Photo Gallery)
October 3, 2016
Molino Park Elementary School held a “Community Helpers Day” Friday for students to learn about some of people that are hard at work, often behind the scenes, in the Molino area.
The event includes personnel and equipment from Escambia County EMS, the K-9 unit from the Escambia Road Prison, the Molino Station of Escambia Fire Rescue, LifeFlight, J. Miller Construction Company, the Florida Highway Patrol, ECUA, Gilmore Services, AA Towning and more.
Students also dressed as their favorite community helpers, such as firemen, policemen, teachers, nurses and others.
For a photo gallery, click here.
NorthEscambia.com photos by Kristi Barbour, click to enlarge.
FDOT Weekly Traffic Alerts: Hwy 29, Hwy 4, Nine Mile Road, I-10
October 3, 2016
Drivers will encounter traffic disruptions on the following state roads in Escambia and Santa Rosa counties as crews perform construction and maintenance activities.
Escambia County:
· S.R. 4 over Escambia River Bridge Maintenance- Intermittent lane restrictions over Escambia River, 1.5 miles east of U.S. 29 from 8 p.m. Monday, Oct. 3 to 5 a.m. Tuesday, Oct 4 as crews perform routine bridge maintenance work.
· S.R. 4 over East Relief Bridge Maintenance- Intermittent lane restrictions over East Relief, three miles east of U.S. 29, from 8 p.m. Tuesday, Oct. 4 to 5 a.m. Wednesday, Oct. 5 as crews perform routine bridge maintenance work.
· Bayfront Parkway (State Road (S.R.) 196) - Temporary road closure between Tarragona Street and 9th Avenue from 8 a.m. to 11 p.m. Friday, Sept. 30 through Sunday, Oct. 2 for the Pensacola Seafood Festival. A signed detour route will be in place to assist drivers.
· Interstate 10 (I-10) / U.S. 29 Interchange Improvements Phase 1 – The inside lanes of U.S. 29 north and southbound near the I-10 interchange will be closed from 8 p.m. to 6 a.m. Sunday, Oct. 2 through Thursday, Oct. 6 for drainage improvements.
· 9 Mile Road (from Pine Forest Road to U.S. 29) Widening – Lane restrictions near the intersection of 9 Mile and Pine Forest roads Tuesday, Oct. 4 as crews continue clearing trees and shrubs. Eastbound traffic will be shifted into the westbound turn lane onto southbound Pine Forest Road. Drivers may also encounter brief intermittent stops as crews remove debris along the roadway. Lane closures are only permitted between the hours of 8 p.m. and 6 a.m.
· 9 Mile Road (from Beulah Road to Pine Forest Road) - Clearing of trees and shrubs on the 4.8-mile segment has begun. Lane closures are only permitted between the hours of 8 p.m. and 6 a.m.
· U.S. 29 (from I-10 to 9 Mile Road) Widening – Crews have begun clearing operations for pond locations. Motorists will see activity in relation to this near the intersection of Ryan Avenue and Detroit Boulevard. Lane closures will only be permitted between 8 p.m. and 6 a.m.
· I-10 (from Davis Highway to Scenic Highway) Widening – Northbound Scenic Highway (U.S. 90) traffic has been shifted to the newly constructed northbound travel lanes. The shift allows crews to install the concrete traffic separator in the median between the north and southbound lanes and open the park and ride facility.
Santa Rosa County:
· I-10 Widening – Alternating lane closures, between the Escambia Bay Bridge and S.R. 281 (Avalon Boulevard/Exit 22), from 8 p.m. to 6 a.m. Sunday, Oct. 2 through Thursday, Oct. 6 as crews continue widening work. In addition, there will be alternating lane closures on Avalon Boulevard near the I-10 interchange for bridge work.
· I-10 Resurfacing – Intermittent and alternating lane closures east and westbound between the S.R. 87 interchange and the Okaloosa County line from 8 p.m. to 6 a.m. Sunday, Oct. 2 through Friday, Oct. 7 as crews perform construction activities. Motorists are reminded the speed limit is reduced to 60 MPH within the lane closure.
All activities are weather dependent and may be delayed or re-scheduled in the event of inclement weather. Drivers are reminded to use caution, especially at night, when traveling in a work zone and to watch for construction workers and equipment entering and exiting the roadway.
Traffic on State Road 4 at the Escambia River Bridge in Century may encounter lane restrictions. NorthEscambia.com file photo.
Scott Quietly Shifts Court Rightward
October 3, 2016
It was a simple, two-paragraph letter from Judge Robert Benton II to Gov. Rick Scott a little more than a year ago that marked a milestone in Benton’s life and in the course of one of the most important courts in Florida.
“God willing,” Benton wrote at the end, “on January 16, 2016, I will attain the age of seventy years and so become ineligible … to continue to serve as a judge, except upon temporary assignment.”
And with that, the last Democratic appointee on Florida’s 1st District Court of Appeal — who was appointed to the court by Gov. Lawton Chiles in 1994 — set in motion the process for a Republican governor to select his successor.
For that successor, Scott turned to Allen Winsor, the solicitor general for Attorney General Pam Bondi. If the 39-year-old Winsor serves until the mandatory retirement age that Benton reached, he will have spent three decades on the bench.
As speculation turns to Scott’s first Florida Supreme Court appointment, with the upcoming retirement of Justice James E.C. Perry, a more dramatic makeover of the state’s judiciary system has gone almost unnoticed. All of the state’s five district courts of appeal now have Republican-appointed majorities. Three have benches that are entirely comprised of judges named by governors who were elected as Republicans. (Gov. Charlie Crist appointed Judge Kevin Emas to the 3rd District Court of Appeal after bolting the GOP late in his term.)
Scott alone has appointed nine of the 15 judges on the 1st District Court of Appeal, which is based in Tallahassee and hears most of the cases challenging the authority of the governor and the Legislature.
And with his choices, Scott has at times overtly attempted to shape a more conservative bench — aided, critics say, by changes to the process for naming judges approved during Gov. Jeb Bush’s time in office — and will leave a judicial legacy that far outlasts his tenure. Even if Perry’s replacement is the only justice the current governor installs on the Supreme Court, Scott’s legal legacy could be in place for a generation.
‘THE RULE OF LAW’
It was, perhaps, a rookie mistake. In February 2011, a little more than a month after he had been sworn in as governor, Scott made his first appeals-court appointment. He tapped Burton Conner to serve on the 4th District Court of Appeal, which includes Broward, Indian River, Martin, Okeechobee, Palm Beach and St. Lucie counties.
“Judge Conner represents the values and judicial conservatism I am looking for in our judges,” Scott said in a statement announcing the appointment. “He has a great reputation in the community and a great law-and-order demeanor. Primarily a criminal court judge for most of the past 15 years, he has demonstrated a judicial philosophy that makes him unlikely to overstep the role of the judiciary.”
Some in the legal community were taken aback by Scott’s explanation for why he chose Conner.
“What it says to me is, the governor has an agenda with judges. It’s unsettling,” former Judge Gary Farmer, whose exit created the vacancy, told The Palm Beach Post. Farmer’s criticism was not about Conner, whom he recommended, but Scott’s mentioning the new judge’s political bent.
Scott would rarely again so bluntly link his judicial appointments to a particular philosophy. But he would use phrases popular in conservative legal circles, referring again and again to “the rule of law,” judicial restraint and a judge understanding the proper role of the branches of government.
For example, in 10 of the 22 statements about judicial appointments following Conner that can still be found on Scott’s website, the governor uses the phrase “rule of law” in lauding his choice.
Few attorneys, especially those who go before appellate courts, are willing to publicly discuss the political leanings of judges. But some, particularly among those whose areas of expertise might not be in favor with the current governor, privately concede that there has been a shift in the direction of the district courts of appeal, some of it preceding Scott.
Those attorneys’ complaints sometimes come around to the Federalist Society, a prominent conservative legal group that formed in the 1980s. The Federalist Society mentions “the rule of law” in its statement of purpose. The group also believes judges should “say what the law is, not what it should be” — an almost verbatim echo of Scott’s comment in 2011 about 1st District Court of Appeal Judge Stephanie Ray, who Scott described as committed to making sure “judges say what the law is, rather than what it should be.”
Six of the judges Scott has named to appellate courts since taking office either list themselves as members of the Federalist Society or have been on the agenda to appear before one of the first two annual conferences of the Florida chapters of the society. Two of the rumored names for Scott’s choice on the Supreme Court — 5th District Court of Appeal Judge Wendy Berger and attorney Dan Gerber — have appeared at one of those events.
There are also suggestions that Scott only appoints certain kinds of attorneys or judges to the appellate courts. Attorneys for plaintiffs, particularly those in personal-injury cases that many Republicans scorn, have come to believe that it’s pointless to apply for appellate-court positions or spots on the panels that nominate judges.
The courts now also feature fewer lawyers who have represented individual clients, critics say, and more who were prosecutors and government lawyers, or represented institutions or corporations at large law firms.
That can be as much or even more of an issue than the political balance of the courts, lawyers say, because it has more far-reaching effects than the few, highly publicized blockbuster cases on polarizing issues.
RULES OF THE GAME
Scott would hardly be the first chief executive to try to install judges with similar judicial philosophies to his own, nor would he be the first to fill the courts with young appointees. The last of the Supreme Court justices chosen by Chiles, who died near the end of his term in 1998, won’t rotate off the bench until 2018.
However, the power of Scott, Crist and Bush to shape the courts has been enhanced by a change made to the selection process during Bush’s tenure. That measure reshaped the judicial nominating commissions responsible for forwarding potential nominees to the governor.
Initially, under the “merit retention” system that Florida adopted after a series of scandals rocked the Supreme Court in the 1970s, the governor chose three members of each judicial nominating commission. The Florida Bar chose three more and an additional three members were chosen by those appointees.
After the Bush-era changes, though, the governor essentially names all nine members of the nominating commissions — five of his choice, and four from lists submitted by The Florida Bar.
“Now, we’re getting younger people (appointed as judges) who have more of a political philosophy than those who went up on merit,” said Greg Barnhart, of the law firm Searcy, Denney, Scarola, Barnhart & Shipley.
The 22 judges whose ages were listed in Scott’s appointment announcements were, on average, just past their 49th birthday when Scott installed them on the bench. That would allow them to serve for almost 21 years before reaching age 70. At 39, Winsor was the youngest.
Others are less certain that damage has been done by the changes to the judicial nominating commissions. Drew Lanier, a political-science professor at the University of Central Florida, co-wrote a journal article in 2001 arguing that under Bush’s change, “the independence of the state’s judiciary has been implicitly whittled down.”
Now, he’s more sanguine, despite ongoing attempts by the Legislature to change how the judiciary is chosen.
“Nonetheless, I think the courts have stood pretty independent from those forces,” Lanier said.
Dorothy Easley, a past chair of the Appellate Practice Section of The Florida Bar, said most judges at the appellate courts appear to be making decisions based on the law, not the governor who appoints them.
“The real issue is whether qualified jurists are being appointed by this governor, and whether I agree or disagree with his politics, I think the answer is ‘yes,’ ” Easley said.
THE LAST HOLDOUT
One court has so far remained out of reach for Scott and other Republicans: the highest one in the state. But the twilight hour for a relatively liberal majority could be fading in that court as well.
Perry was one of the justices who make up that 5-2 majority, though individual members of the majority sometimes join the court’s two conservatives. Three more justices are set to retire at the end of 2018 — R. Fred Lewis, Barbara Pariente and Peggy Quince. All three are members of the majority on many divided cases.
Quince was a joint appointment, of sorts, between Bush and Chiles in the waning days of the Democrat’s time as governor. In 2006, the Supreme Court issued an advisory opinion saying that the judicial nominating process can begin under the old governor even though a vacancy doesn’t technically occur until the outgoing justice’s term expires. Lewis, Pariente and Quince’s terms will expire on the same day a new governor takes office in January 2019.
Saying the situation was still ambiguous, Republicans pushed a proposed constitutional amendment in 2014 that would have allowed the outgoing governor to pick replacement in such situations. It was defeated. That could lead to another conflict in 2018 if Scott decides to press the issue and seek to make the appointments.
In the meantime, the Supreme Court has repeatedly pushed back against measures approved by Scott and the Legislature, now often doing so by reversing decisions reached by appellate courts. The Supreme Court repeatedly rebuked the Legislature’s redistricting plans following the 2010 U.S. Census, leading to sweeping changes in the districts for Florida’s congressional delegation and the state Senate. But Scott and the Legislature have also won favorable rulings on issues like a change that required state employees to pay into their own retirement plans — contrary to a trial court’s ruling in that case.
Scott has laid out only general principles so far in what will guide him in his decision-making about appointing a successor to Perry.
“If you talk to any judges that I’ve appointed, that I’ve interviewed, I generally care about two things. Are they going to be humble in the process, and are they going to uphold the law. That’s what I care about. I want people that want to uphold our existing laws,” he said. “I get to sign or veto bills. I don’t pass laws. I expect our court system to uphold the laws of our state.”
Barnhart said the proof will be in who Scott names. The conservative members of the current court have been respected legal minds, he said. But a young nominee with connections would send a different message.
Lanier said the current court was acting independently, balancing rulings against the GOP majority in some areas with others in its favor. He conceded that Scott’s upcoming appointment gives the governor the opportunity to alter that balance slightly.
“He’s not going to change it all that much,” Lanier said.
by The News Service of Florida