Update: Judge Blocks Parts Of Florida Abortion Law
July 1, 2016
Siding with Planned Parenthood affiliates, a federal judge late Thursday blocked key provisions of a sweeping new Florida law that would have barred abortion providers from receiving public funds for other services and required a dramatic increase in inspections of abortion records by health officials.
U.S. District Judge Robert Hinkle’s preliminary injunction came just hours before the new law would have gone into effect.
Planned Parenthood affiliates are challenging three portions of the law, approved by the Republican-controlled Legislature and signed by Gov. Rick Scott earlier this year. Hinkle sided with the abortion providers in two of the three components, and ruled that state officials had resolved concerns about a third — dealing with a change in the definition of the first trimester — during a hearing in the case on Wednesday.
“We are reviewing the judge’s order and exploring our options,” Scott spokeswoman Jackie Schutz said in an email Friday.
Planned Parenthood officials lauded Hinkle’s order.
“As a result of today’s decision, thousands of people across Florida have the peace of mind that comes with knowing they can access essential reproductive health care, such as cancer screenings, birth control, and well-woman exams. This ruling also sends an unmistakable message to politicians to quit playing politics with women’s health,” Lillian A. Tamayo, president of Planned Parenthood of South, East and North Florida, said in a statement.
In his 25-page ruling, Hinkle noted that there has been a long-held prohibition against using public funds to pay for abortions.
But the Florida law goes further and “refuses to fund services that are wholly unrelated to abortions,” Hinkle wrote of the part of the law that would block public funds from going to abortion providers.
“The provision does this based not on any objection to how the funds are being spent — on things like testing for sexually transmitted disease or dropout prevention — and not based on any objection to the quality of the services being provided, but solely because the recipients of the funds choose to provide abortions separate and apart from any public funding — as the Supreme Court has put it, on their ‘own time and dime,’” he wrote.
In determining that the defunding provision in Florida’s law was unconstitutional, Hinkle relied on the “unconstitutional-conditions doctrine,” which means that governments cannot indirectly prohibit — by withholding funds — conduct which they cannot directly ban.
The doctrine puts the “defunding provision at here squarely on the unconstitutional side of the line,” Hinkle wrote.
“The defunding provision has nothing to do with the state and local spending programs at issue, which address things like testing for sexually transmitted disease and dropout prevention,” Hinkle wrote. “The defunding provision is instead an effort to leverage the funding of those programs to reach abortion services. Indeed, the separation between the funding and the condition could not be clearer: nobody has contended that the plaintiffs have done anything in connection with the publicly funded programs that is inconsistent in any way with the goals of those programs. The state’s only beef is that the plaintiffs provide abortions.”
Planned Parenthood officials said the ban on public funds would cause clinics to lose about $500,000 in state and local funds used for other services, including a dropout prevention program in Palm Beach County.
Hinkle’s order bars the state from canceling contracts or grants, or from refusing to renew or allowing to expire contracts or grants that would have continued in the absence of the new law.
Relying in part on a recent U.S. Supreme Court decision that struck down a Texas abortion law, lawyers for the state argued that the ban on using public funds for other services was permissible because it did not impose an “undue burden” on a women’s right to an abortion.
But Hinkle disagreed.
“No court has embraced the defendants’ position. And there is no logic to it. That a woman has a constitutional right to an abortion does not mean a legislature can impose otherwise-unconstitutional conditions on public funding,” the judge wrote.
Hinkle also found problematic the portion of the law that would have required health officials to inspect half of all abortion patients’ records, saying the state offered “no legitimate explanation for the requirement, asserting only that the clinics’ records are already subject to inspection, and that increasing the number of records that are inspected thus cannot be unconstitutional.”
But no other medical providers — including ambulatory surgical centers, which perform more complicated procedures and have more adverse outcomes — are not subject to the same scrutiny, Hinkle noted.
“The state has inspected the plaintiffs’ clinics for years. The inspections have turned up no violations. For all that is shown by this record, the inspection provision is a solution in search of a problem,” Hinkle wrote.
The new law also changes the definition of a first trimester to the period from fertilization through the end of the 11th week of pregnancy. That’s a different definition than the state has used in the past, and a departure from the definition used by doctors and other health care providers, according to court documents.
Planned Parenthood had challenged that part of the law, saying it was vague.
But, on Wednesday, Deputy Solicitor General Denise Harle told Hinkle state health officials have not changed their interpretation of the number of weeks and days that make up a first trimester. The issue is important because clinics that perform second-trimester abortions are required to have a different license than those that perform procedures during earlier pregnancies.
Hinkle did not block that part of the law from going into effect, but he warned the state to “take note” that his decision was based on the state’s representation that the new definition of first trimester was no different than that which has been used for decades.
Hinkle’s Thursday ruling did not deal with the merits of the lawsuit, but granted the preliminary injunction based on the likelihood that those challenging the law will succeed. Briefs on the merits are due later this month.
State Sen. Kelli Stargel, a Lakeland Republican who sponsored the 2016 law, blasted Hinkle’s ruling as “a clear infringement on both the Legislature’s constitutional authority to appropriate taxpayer dollars, and our responsibility to properly regulate medical facilities.”
“Under our constitution, it is the people’s elected representatives, not appointed federal judges, who are tasked with making decisions about what entities should be receiving limited taxpayer dollars,” Stargel said in a statement. “The people of Florida have consistently elected legislative and executive leaders who oppose the use of taxpayer dollars to fund abortion and today’s ruling is yet another example of the pro-abortion movement utilizing the courtroom to fight battles it cannot win at the ballot box.”
House Speaker Steve Crisafulli said he trusts Hinkle to “thoroughly examine all of the facts” before the judge issues a final ruling.
“If so, he’ll find the actions of the House and Senate are both constitutional and within the legislative branch’s authority,” Crisafulli, R-Merritt Island, said in an email.
Deputies Receive Medal Of Courage For Actions Following Century Tornado
July 1, 2016
Three Escambia County Sheriff’s Office deputies received the department’s Medal of Courage Thursday for actions they took following the Century tornado.
According to Sheriff David Morgan:
“On February 15, 2016, an EF-3 tornado touched down in the town of Century. Deputy 1st Class Walter Shiver, Deputy Kyle Haver and Lieutenant Marc Dewees were in the path of the storm working shift at Precinct 6.
“Despite the the impending danger, all three deputies worked swiftly and promptly to get as many citizens as they could to safety before the storm approached.
“When Deputy Shiver saw a family driving into the path of the tornado on Highway 29, he signaled for them to go in the opposite direction, gained access to the Century Fire Department, and sheltered them in the tub of a bathroom.
“As the tornado passed through, Deputy Haver and Lt. Dewees drove through the debris and over down power lines to check on the welfare of residents in Century. After the storm passed, deputies climbed through, around and under downed trees and downed power lines in an attempt to render aid to citizens in distress.
“Deputy Shiver and Deputy Haver went about this mission with disregard for their own safety. Due to the quick action, several people were removed from debris and their homes without injury or incident.”
Pictured: The Medal of Courage was presented Thursday to Deputy 1st Class Walt Shiver (middle), Lt. Marc Dewees, and Deputy Kyle Haver (not pictured) by Sheriff David Morgan (left). Photo courtesy Escambia County Sheriff’s Office for NorthEscambia.com, click to enlarge.
Nabbed At Gunpoint: Photos Show Arrests In McDonald’s Parking Lot
July 1, 2016
Two people in van that had been reported stolen were nabbed at gunpoint Thursday in the parking lot of an Escambia County McDonalds.
The Pensacola Police Department conducted the traffic stop and arrests in the parking lot of the McDonald’s on Cervantes Street at Ninth Avenue. A NorthEscambia.com reader captured these photos as police conducted the takedown.
According to jail records, 36-year old Jeremy Ray Hodge of Pensacola was charged with possession of a controlled substance without a prescription and released from the Escambia County Jail on a $3,000 bond, and 33-year old Brandie Nicole Burk of Port Richey, FL, was arrested on an outstanding failure to appear warrant and released on a $2,500 bond. Additional charges related to the stolen vehicle may be forthcoming.
Reader submitted photos for NorthEscambia.com, click to enlarge.
Thursday Storms Bring Heavy Rainfall, Down Tree
July 1, 2016
A Thursday afternoon storm brought torrential rainfall some parts of the North Escambia area, including Bratt, Byrneville and Century. Near Century, winds downed a small tree across West Highway 4 at the entrance to Lake Stone. Pictured top: A storm approaching Century, as seen from Showalter Park. Pictured below: Firefighters removed a small tree that fell across West Highway 4 at Lake Stone. NorthEscambia.com photos, click to enlarge.
159 New Laws In Florida
July 1, 2016
Beginning last Friday, clergy who don’t want to marry same-sex couples will have state backing for their beliefs, high school students will have more choice over where they play sports or study, and local governments won’t be able to regulate the use of Styrofoam containers.
Those are among the 159 new laws that went into effect on July 1.
Lawmakers sent 272 bills to Gov. Rick Scott during the regular legislative session, which ended in March. Scott vetoed three and signed the rest. Of the bills approved by Scott, a handful still require approval from local voters before coming law, 25 won’t be enacted until Oct. 1, and 67 instantly went into effect after the governor signed them.
Here are highlights of the laws taking effect July 1:
BUDGET
— HB 5001, which boosts spending on education to the highest level in state history, bankrolls more than $713.5 million worth of education construction projects. The $82 billion fiscal plan also includes $151 million for restoration of the Everglades and an area north of Lake Okeechobee, which lawmakers call “the Northern Everglades.”
The budget, which tops this year’s $78.2 billion record-setting spending plan, also steers money that would otherwise go into the state’s school-funding formula into a plan to hold the line on property taxes. The issue involves part of the school-funding formula known as “required local effort.” Lawmakers have linked the property tax money with a tax cut package that they say puts “tax relief” for the coming year at more than $550 million.
TAX CUTS
HB 7099, a $129.1 million package, exempts sales taxes on food and drinks sold by veterans’ organizations and phases out, over three years, a sales tax on asphalt used for government projects. The measure also revises how taxes are calculated on alcohol and tobacco sales for cruise ships within Florida waters; on pear cider; and on an excise tax on aviation fuel, which is a discount for most carriers.
For many Floridians, the biggest part of the package will be a sales-tax “holiday” for back-to-school shoppers, which runs from Aug. 5 to Aug. 7.
CRIMES
SB 228, removes aggravated assault from a list of offenses that has been used to sentence people under the 10-20-Life mandatory-minimum sentencing law.
SB 636, requires local law-enforcement agencies to submit sexual-assault evidence kits, known as “rape kits,” to the Florida Department of Law Enforcement within 30 days of the beginning of their investigations, or after being notified by victims or victims’ representatives that they wish the evidence to be tested.
SB 1044, sets a minimum of 70 percent of the proceeds from seized property from an arrested individual to be used on court costs, fines and fees.
SB 1294, increases the age of a child victim or witness who may have his or her testimony videotaped or who may testify by closed circuit television from under 16 years to under18. The law also increases the minimum term of imprisonment — from 5 days in jail to 30 days — for a domestic violence crime when there is intentional bodily harm to another person.
HEALTH CARE
— SB 12, the “no wrong door” policy, allows people who need mental-health or substance-abuse treatment to get it no matter how they enter the systems, whether through criminal offenses or personal crises.
— HB 221, addresses a controversial health-insurance issue known as “balance billing” that supporters say will help shield patients from getting hit with surprise tabs after going to hospital emergency rooms.
— HB 1411, cuts off funding to organizations affiliated with abortion clinics, such as Planned Parenthood. The measure, being challenged in state and federal courts, requires the Agency of Health Care Administration to conduct annual inspections of abortion clinics and review at least half the patient records. The law also requires clinics that provide first-trimester abortions to have written patient-transfer agreements with hospitals.
FOR THE VETS
— SB 184, makes clear that former members of the Florida National Guard are eligible for the Florida Veterans’ Hall of Fame. The new law also requires landlords to make decisions within seven days about lease applications by service members, and sets up a task force to consider an online-voting system for overseas military voters.
— SB 222, requires publicly owned or operated airports to provide free parking to any vehicle displaying license plates for disabled veterans.
— HB 799, provides that active duty service members who attend state universities or colleges, career centers or charter technical career centers may receive out-of-state fee waivers while living or stationed out of state.
— SB 1202, provides entrance fee discounts at state parks to members of the military, honorably discharged veterans, surviving spouses or parents of either a military member who died in combat or a first responder who died in the line of duty.
FIRST RESPONDERS
— SB 7012, ensures that survivors of first responders killed in the line of duty who were members of the Florida Retirement System are eligible for the same benefits as those enrolled in the state’s traditional pension plan.
RELIGION
— HB 43, protects churches, clergy members and church employees who object, due to their religious beliefs, to performing wedding ceremonies for gay and lesbian couples.
EDUCATION
— HB 229, requires school districts to review bullying and harassment policies at specified intervals.
— SB 576, allows Florida Keys Community College in Monroe County to build a dorm with up to 400 beds.
— HB 7029, allows parents to transfer their children — through an “open enrollment” process — to any public school in the state that isn’t at capacity, and gives charter schools that serve lower-income students or those with disabilities a bigger slice of construction funding doled out by the state.
The wide-ranging measure also allows private schools to join the Florida High School Athletic Association or other organizations on a sport-by-sport basis and sends additional funds to “emerging pre-eminent” universities, possibly the University of Central Florida and the University of South Florida.
DEVELOPMENTAL DISABILITIES
— HB 7003, is intended to provide job opportunities and financial independence for people with disabilities.
— SB 672, includes programs that provide educational aid and higher-education opportunities to families whose children have developmental disabilities, referred to as “unique abilities” by Senate President Andy Gardiner, R-Orlando. Gardiner, whose son Andrew was born with Down syndrome, pushed for the measure.
— HB 963, the “Wes Kleinert Fair Interview Act,” requires law enforcement to ensure a mental health counselor or instructor is provided during interviews involving an individual with autism.
JURY DUTY
— HB 111, declares that certain people incapable of caring for themselves may be permanently excluded from jury service.
SALT LIFE
— SB 158, allows people with lifetime fishing or hunting licenses or boater-safety identification cards to have a symbol added to their driver licenses — for a $1 charge — that will display that lifetime status.
— HB 427, provides a discount of about 12 percent on annual vessel-registration fees next year for boaters who show they have purchased and registered emergency locator devices.
— HB 703, redefines the rule that a boater must operate in a manner that doesn’t endanger “any person” to limiting actions that threaten “another person outside the vessel.” The law also restricts the ability of certain law enforcement officers to stop and search boats, if the vessels display commission safety-inspection decals.
— SB 846, authorizes “divers-down flags” to have more than one white diagonal stripe or to be oriented in the same direction.
— HB 1051, prohibits overnight anchoring in part of the Middle River in Broward County, Sunset Lake in Miami-Dade County and three parts of Biscayne Bay in Miami-Dade.
THE GREAT OUTDOORS
— SB 552, sets water-flow levels for springs and guidelines for the Central Florida Water Initiative, a multi-agency, water-supply planning effort.
— HB 989, “Legacy Florida,” a restoration effort, sets aside up to $200 million a year for the Everglades, $50 million annually for springs and $5 million each year for Lake Apopka.
— HB 7007, designates Tupelo honey, commercially harvested from the Ogeechee Tupelo tree in northwest Florida, as Florida’s official honey.
— HB 7013, a wide-ranging bill focused on fish and wildlife, increases the fine from $250 to $500 for illegally taking game while trespassing; decreases the penalty for not filing required alligator hunting reports; and specifies that possession of any marine turtle species or hatchling without state or federal approval is a third-degree felony.
TRANSPORTATION
— HB 7061, increases annual seaport funding from $15 million to $25 million, extends the length of certain semitrailers allowed on public roads, and requires a brewery to pay for a requested directional sign.
— SB 698, allows the state Division of Alcoholic Beverages and Tobacco to issue alcoholic beverage licenses to the owners of railroad transit stations that are used for passenger service between two or more cities.
PUBLIC RECORDS
— HB 381, keeps private the results of the taped matches controlled by the Florida State Boxing Commission before they are publicly aired.
CAPITOL MEMORIALS
— SB 716, establishes the creation of a Florida Holocaust Memorial at the Capitol.
LOCAL GOVERNMENT
— HB 1361, eliminates a required state review of new developments of regional impact if they comport with a local comprehensive plan.
— HB 7007, prohibits local governments from making new laws that regulate the use or sale of polystyrene, most commonly known as Styrofoam, by grocery stores and related businesses.
DINING OUT
— HB 633, adds temporary “food contests” and “cook-offs” hosted by a school, religious group or nonprofit civil or fraternal organization from having to pay a licensing fee or undergo an inspection from the Division of Hotels and Restaurants.
HOME ELEVATORS
— HB 1602, the “Maxwell Erik ‘Max’ Grablin Act,” requires newly installed residential elevators to have a sensor that keeps the lift from moving in the same direction if something is detected in the shaft.
FOOD STAMPS
— HB 103, allows the use of EBT cards, formally known as food stamps, in fresh-produce markets.
VOTING
— SB 112, replaces the term “absentee ballot” with the term “vote-by-mail ballot.”
DOWN ON THE FARM
— HB 59, prohibits local governments from enforcing a local ordinance, regulation, rule, or policy that prohibits, restricts, regulates, or otherwise limits an agritourism activity on land classified as agricultural land.
— HB 1046,exempts the driver of a covered farm vehicle from commercial driver license requirements.
Join The Celebrate Freedom 5K And One Mile Fun Run In Jay
July 1, 2016
Celebrate Independence Day this year by running or walking in the 17th Annual Celebrate Freedom 5K and one mile Fun Run on Monday, July 4, in Jay.
The 5K starts at 8 a.m. with the one mile beginning at approximately 9:15 a.m..
The race starts and ends in the Jay City Park. Patriotic awards will be given in 30 different age groups. Watermelon and refreshments will be served to all participants.
The awards ceremony will be held at the park pavilion immediately following the one mile fun run. You can sign up online at www.active.com or sign up on the day of the race. Contact Race Coordinator Matthew Dobson for more information at 850-217-2603 or email rmdobson@liberty.edu.
Blue Wahoos Lose To Lookouts
July 1, 2016
Pensacola Blue Wahoos right hander Rookie Davis had a grueling outing against the Chattanooga Lookouts on Thursday night.
Davis has nagging hip and back injuries but gritted it out and when Pensacola went to the bullpen to start the seventh, the Blue Wahoos trailed the Lookouts by one run, 2-1. However, Chattanooga tagged the Blue Wahoos relievers to go on to win the game, 7-3, in front of 4,884 at Blue Wahoos Stadium.
Pensacola manager Pat Kelly said Davis, who dropped to 6-2 with a 2.67 earned-run average, has shown some toughness this year. He came over in the trade between the Cincinnati Reds and New York Yankees for star closer Aroldis Chapman.
“He labored a couple of innings,” Kelly said. “But he’s amazing. He makes do and gets his innings. I don’t think he had his best stuff and I don’t think he felt that good physically today.”
Davis ended up working six innings, giving up six hits, allowing two earned runs, walking one and striking out three.
In the fourth inning, Chattanooga slugger Daniel Palka slammed his Southern League-leading 20th homer into the Hill-Kelly hill in right field for a 1-0 Chattanooga lead. Then, Lookouts shortstop Leo Reginatto hit a deep fly ball to center to score left fielder Travis Harrison to put the Lookouts up, 2-0.
Pensacola center fielder Jeff Gelalich tripled in the right field corner with two outs in the bottom of the fifth inning that scored shortstop Calten Daal that pulled the Blue Wahoos within, 2-1.
Pensacola dropped to 3-4 in the second half and 43-33 overall in the Southern League South Division.
Kelly said he needs to find Gelalich more playing time. He went 2-4 with a double and triple, scored a run and knocked in another. On the season for Pensacola, he’s batting .298 in 57 at bats with six RBIs.
“Jeff has done a good job in a limited role,” Kelly said. “Every time he gets a chance, he does good things. He sparks this offense.”
The game got away from Pensacola in the seventh inning when they brought in Caleb Cotham in the seventh inning—a Cincinnati Reds’ reliever who is doing a Major League rehab for right shoulder inflammation. Kelly said they were going to give him 15-20 pitches.
He threw 18 pitches to four batters and failed to get an out, giving up three runs, two earned to the Lookouts who went ahead, 5-1.
The play that hurt Cotham the most was a routine chopper by Chattanooga center fielder Shannon Wilkerson that Daal fielded at short and then lobbed over the first baseman’s head, allowing Stuart Turner to score the first run on the inning to put the Lookouts ahead, 3-1.
Third baseman Engelb Vielma then scored for a 4-1 lead when Chattanooga second baseman Ryan Walker singled to right field. The final run scored when Chattanooga slugger Palka hit a chopper up the middle that Daal reached but he didn’t have a play, allowing Wilkerson to score and giving Chattanooga a 5-1 lead.
Wilkerson, who replaced Granite in center field in the fourth inning, then blasted a two-out, two-run homer in the eighth that put Chattanooga up, 7-1. Also scoring was Turner, who reached first on Pensacola third baseman Taylor Sparks’ high throw to first.
Blue Wahoos right fielder Sebastian Elizalde singled to right field, despite a defensive shift, that scored Gelalich that made the score, 7-2 in the bottom of the eighth inning. Pensacola DH Juan Duran then hit a grass burner to left field to drive in Elizalde and cut the lead to 7-3.
No Candidates Run For One District 5 Seat
June 30, 2016
One District 5 office will be filled by appointment after no candidate qualified to seek election.
With no candidate for the Escambia County Soil & Water Conservation District Group 5 seat, the upcoming vacancy will be filled by appointment of the remaining members until the next regular election in 2018, according to the Escambia County Supervisor of Elections Office.
According to the Supervisor of Elections Office, Henry Stromas IV pre-filed, but did not complete the qualification process for the nonpartisan seat.
The Escambia County Soil & Water Conservation District Group 5 seat is currently held by Stephen Jones until his term expires in January 2017.
The Escambia County Soil & Water Conservation District is a “special district established to provide for control and prevention of soil erosion and for furthering the conservation, development and utilization of soil and water resources, and the disposal of water, to preserve natural resources, control floods, assist in maintaining the navigability of rivers and harbors, preserve wildlife, protect the tax base and public lands, and protect and promote the health, safety and general welfare of the people”.
Century Awarded $25K Department of Economic Opportunity Grant
June 30, 2016
The Florida Department of Economic Opportunity (DEO) has awarded a Community Planning Technical Assistance grant to the Town of Century.
The $25,000 grant will be used to update Century’s Land Development Code, which has not been updated since 1992.
Across the state, the DEO awarded grants totaling $1.3 million to 43 local governments and regional planning councils.
Cissy Proctor, Executive Director of DEO, said, “DEO’s team of community planners is committed to improving opportunities for economic development in communities both large and small across the state. Throughout the next year, technical assistance grants will help guide and support these local communities as they work to meet their area’s community, economic and workforce development needs.”
Since 2011-12, DEO has received funds to provide grants to local governments and regional planning councils. Community Planning Technical Assistance grants are for one fiscal year.
Grant funding is delivered to the community after performance measures in the grant agreement are met.
NorthEscambia.com photo, click to enlarge.
Flomaton Man Arrested In Century On Meth Charge
June 30, 2016
A Flomaton man was jailed after deputies say he was caught trying to hide meth down his pants.
Escambia County deputies were patrolling at the dead end of Brooms Road outside Century when they observed two males turn and run when they noticed law enforcement. Both men were detained and placed in back of different patrol vehicles.
While 27-year old Travis Lee Salter was being questioned, a deputy reported that he saw three baggies of an unknown substance had been placed on the center floor area of his patrol vehicle, along with a watch and over the counter sleep medications.
As Salter was being removed from the deputy’s Tahoe, he allegedly slid down in the floor area where he grabbed a baggie while handcuffed and slid it into the back of his pants. The bag was later determined to contain methamphetamine, according to an arrest report.
Salter was charged with felony possession of methamphetamine. He remained in the Escambia County Jail Thursday morning with bond set $5,000.
The second man involved in the incident was not immediately charged with any crime.