Justices To Decide On Higher Taxes For Satellite TV Than Cable
April 7, 2016
The Florida Supreme Court on Wednesday waded into a constitutional fight about a higher state tax rate for satellite-television companies than for their cable TV competitors.
The Florida Department of Revenue and a cable industry group asked justices to overturn an appeals-court ruling last year that sided with satellite companies DirecTV and Dish Network. In a 2-1 decision, a panel of the 1st District Court of Appeal found that the differing tax rates were discriminatory and violated the Commerce Clause of the U.S. Constitution.
Supreme Court justices questioned attorneys on both sides Wednesday and, as is customary, did not indicate when they will rule. But along with affecting cable and satellite companies, the outcome of the case could have major financial ramifications for the state — in part because the appeals court raised the prospect of providing refunds to satellite companies.
Jonathan Williams, an attorney for the Department of Revenue, told justices that there is no evidence the Legislature intended to discriminate when it set the tax rates. The issue centers on the state’s communications-services tax.
“Florida’s communications-services tax does not discriminate against interstate commerce,” Williams said, alluding to the federal constitutional issue.
But the satellite industry argues that the difference in tax rates violates what is known as the “dormant” Commerce Clause. The industry, in a brief filed last year, described the tax difference as “economic protectionism” that benefits cable companies over satellite firms that generate their services out of state.
“We have a situation in which the signal difference between cable and satellite is where they perform this critical activity of assembling and distributing pay TV service,” satellite industry attorney Eric Shumsky told the Supreme Court on Wednesday.
(Disclosure: The News Service of Florida and the Florida Cable Telecommunications Association, an industry group that is a party in the case, have a partnership for the Capital Dateline Online news show.)
The communications-services tax dates to 2000 and is actually paid by customers, though cable and satellite companies collect the money and remit it. The state tax rate for cable services is 4.92 percent, while the rate for satellite services is 9.07 percent.
Cable customers also face local communications-services taxes that do not apply to satellite TV. A Department of Revenue brief in the case said those local tax rates are typically about 5 percent, though they vary.
Williams argued Wednesday that the combined state and local taxes ultimately create higher rates for the cable industry than for satellite providers.
“In every single year examined in this case, satellite providers enjoyed a tax advantage over the pay-TV competitor cable,” he said. “Plainly, satellite is not the victim of discrimination against interstate commerce in this case.”
But Shumsky drew a distinction between the state and local taxes, saying that cable companies use local rights of way for their equipment. He said Congress provided an exemption on local taxes to satellite companies.
“The reason it (Congress) gave is, this is national industry that does not use public rights of way,” Shumsky said.
by Jim Saunders, The News Service of Florida
NorthEscambia.com photo, click to enlarge.
Man Gets 30 Years For Child Sex Abuse
April 7, 2016
An Escambia County man has been sentenced to 30 years in station prison after pleading to child sexual abuse charges.
Robert Whitehead, 29, entered a plea to lewd or lascivious molestation and battery of a child.
The case involved an ongoing pattern of sexual abuse by Whitehead on a young child.
Escambia County Circuit Judge Gary Bergosh sentenced Whitehead to 30 years state prison. After his release from prison, Whitehead will be on lifetime sexual offender probation. Whitehead will be required to register as sexual predator and comply with all statutory requirements.
Tate High Drama To Present ‘The Bully Plays’
April 7, 2016
The Tate High School Drama Department will present “The Bully Plays” at 7:00 each night Friday and Saturday in the school cafetorium. Tickets will be sold in advance and at the door for $5..
The Bully Plays was commissioned in response to the growing epidemic of bullying and the all-too-often tragic results. The anthology includes 10-minute plays that are touching, imaginative, powerful, uplifting and funny. A botched chemistry experiment creates a horde of homophobic teenage zombie bullies. Three dinosaurs at a museum surprise three bickering kids on a school outing. A bully is forced to confront his victim “on the other side.” A girl on an anti-bullying crusade must face her own bullying. High-school kids discuss the heartbreak of realizing they contributed to a classmate’s death by remaining bystanders. A mother and brother try to come to terms with the suicide of their “technicolor” son and brother.
The trickle-down effect of bullying is explored in several plays, along with the dangers of cyber-bullying.
Photos for NorthEscambia.com, click to enlarge.
Food Stamp Recipients Face Work Requirement
April 7, 2016
About 300,000 Floridians who qualified for food stamps now face a work requirement that went into effect Jan. 1 — and the possibility of at least temporarily losing benefits if they don’t meet the guidelines.
As of the first of the year, able-bodied, childless adults ages 18 to 49 were required to work, get job training or volunteer 20 hours a week to receive food stamps through what is formally known as the Supplemental Nutrition Assistance Program. Otherwise, they’re limited to three months of food assistance in each 36-month period.
Similar requirements also took effect in 21 other states. Gov. Rick Scott’s administration pointed to job opportunities in the state, but Sen. Bill Montford, a Tallahassee Democrat who represents a massive swath of rural communities, said food-stamp beneficiaries can’t find work in some areas.
“Especially in North Florida, in these rural counties that I represent, they have not felt this economic revival that people talk about,” Montford said. “Unemployment is still high. The jobs are not there. … The needs the SNAP program meets, I would say the needs in these rural counties are just as great as they were in 2009.”
The work requirement dates back to a 1996 welfare overhaul, but the federal government waived it in 2009 during the economic recession. Now, after unemployment rates have dropped, states are resuming the use of the work requirement.
The left-leaning Center for Budget and Policy Priorities said 21 Florida counties have jobless rates high enough and sustained enough to qualify for an exemption from the work mandate from the federal government.
“A few Southeastern states are electing to re-implement the time limit statewide even though some or all of the state qualifies for a waiver,” the center reported last month, noting that 500,000 to 1 million people will lose their food stamps in 2016. “Arkansas, Florida, Mississippi and North Carolina will be particularly hard hit.”
Scott’s administration sees a brighter picture because of the economy, and people will be able to continue receiving food stamps if they meet the work requirements.
Department of Children and Families spokeswoman Michelle Glady said in an email that the state’s unemployment rate is at an eight-year low of 4.9 percent.
“No Floridian currently receiving benefits will lose their eligibility,” Glady said. “However, they must meet minimum federal requirements for work, volunteering or active job search activities.”
Department of Economic Opportunity spokeswoman Morgan McCord echoed Glady and also said the state is trying to help people meet the requirements.
“In every county around the state, Florida’s CareerSource centers are working to help beneficiaries meet those requirements,” McCord wrote in an email. “Since January 1, 2016, 106,129 people have been placed into new jobs by the state’s 24 CareerSource locations.”
But others, such as Montford, say the state is diverse, and economic conditions vary.
For instance, in the district of Sen. Dwight Bullard, D-Miami, people have been coming to his office for help after losing their food-stamp benefits. He said many are working, but their low-wage jobs don’t add up to 20 hours a week.
“They’re being penalized even though they’re trying, even though their effort is good,” Bullard said.
What’s more, tens of thousands of Floridians were sanctioned for not complying with the mandate in the first month.
“If you don’t comply, what will happen is that you will immediately be sanctioned and lose your food stamps, even though you haven’t yet used up your three-month time limit,” said Cindy Huddleston of Florida Legal Services.
In January, 67,982 Floridians were sanctioned for not meeting the work requirement, thereby losing their food stamps “for a minimum of one month or until they comply with the work requirement, whichever is longer,” according to a letter sent to beneficiaries by the state. For a second act of noncompliance, the penalty is the loss of benefits for at least three months.
“By the nature of the work requirements and the exemptions and exceptions to the work requirements, it’s really mostly affecting the most vulnerable people that don’t have any other social safety net in place,” said Liam McGivern of Legal Services of Greater Miami.
Food-stamp benefits are typically worth $150 to $170 per month. The potential loss of benefits does not apply to people who have children or disabilities or to seniors.
The Department of Children and Families could ask the federal government to waive the work mandate. But a budget bill passed during a special legislative session last June would require the department to get legislative authority before applying for such a waiver.
“I would certainly encourage DCF to approach the Legislature, get permission, and request another waiver,” Montford said.
Debra Susie, executive director of Florida Impact, which works to reduce hunger and poverty, said the group is also concerned about what will happen to food banks and other non-profits that were already stretched thin by the recession.
by Margie Menzel, The News Service of Florida
Effort Underway To Preserve Bricks From Former Century High School
April 7, 2016
After the announcement that the former Century High School will be demolished, local residents all calling for bricks and a campus monument to be saved to preserve Blackcat spirit.
Closed 20 years ago, the Century High Building was constructed in the middle 1930’s. It was damaged during the EF-3 tornado that hit Century February 15 and will be torn down by the Escambia County School District.
Century resident Ray Hammond is spearheading an effort to save the bricks to be sold, engraved and placed at some sort of monument to the school. Hammond and Mayor Freddie McCall have a few potential locations in mind…the front lawn of City Hall, the Nadine McCaw Park or Showalter Park.
Buck Showalter, whose name appears on Showalter Park, was the son of a long time principal at Century High School.
McCall said he will request the bricks and the monument from the Escambia County School District. The town will also form a committee to decide how to use the bricks and memorialize the old Century High School. For more information, contact Hammond at (850) 256-2014.
For an earlier story about plans to demolish the school, click here.
Pictured: A dedication monument dated 1936 outside the former Century High School. Pictured below: The present day condition of the building. NorthEscambia.com photo, click to enlarge.
Visiting Kentucky Team Downs Northview
April 7, 2016
Visiting Corbin, KY, defeated the Northview Chiefs Wednesday night 12-2.
After a one-run first inning, Corbin powered ahead 6-0 with a five run second inning. The Chiefs two runs came in the fourth inning, which ended with Northview at a 9-2 disadvantage.
The Chiefs will be home Friday night as they host Chipley at 5:00.
Adult Male Critically Injured In ATV Accident In Bratt
April 6, 2016
A Bratt man remained in critical condition Thursday afternoon after an all-terrain vehicle accident Wednesday in Bratt.
Boyd Sigafoose, 77, was injured in the ATV accident in pasture on Oakshade Road, a short distance behind Northview High School. He was airlifted to Sacred Heart Hospital in Pensacola as a “trauma alert”.
Atmore Ambulance and the Walnut Hill Station of Escambia Fire Rescue responded to the accident.
Further details have not been released.
Pictured top: A 77-year old male was injured in the ATV accident in pasture on Oakshade Road. Pictured below: The victim was airlifted to Sacred Heart Hospital in Pensacola as a trauma alert. NorthEscambia.com photos, click to enlarge.
School Officials: No Credibility To Threat Against Tate High School
April 6, 2016
Officials say there was no credibility to a rumored threat against Tate High School today.
The rumor began making the rounds a little before 10 p.m. Tuesday as text messages were spread between students. Rumors of those text message threatening a violent act were then posted and spread on social media, often by parents concerned about their children.
But Superintendent Malcolm Thomas said there was no evidence that the threat was credible. He said school district officials and the Escambia County Sheriff’s Office worked through the night to track down the source of the alleged threat.
“There was just no credibility to this thing. We would have tracked it down; if it had been credible and the Sheriff’s Office would have been knocking on a door during the middle of the night,” Thomas said, adding that his own granddaughter is in attendance at Tate High today. “It is just too easy to spread false information on social media.”
He encouraged parents to send their children to school and added that there would be an extra law enforcement presence at the campus today out of an abundance of caution.
“It is just going to be a normal day here at Tate High School,” Thomas said from the campus Wednesday morning.
Pictured above: Excerpts from one of the text messages being spread among Tate High School students Tuesday night that was forwarded to NorthEscambia.com. The name of a student mentioned has been redacted. NorthEscambia.com image, click to enlarge.
Another Pharmacy Break-in Linked To Pharmacy Burglary Spree
April 6, 2016
Authorities in Atmore are linking another pharmacy burglary to a string of break-ins at smaller independent pharmacies in Escambia County, FL, and in two other Alabama cities.
According to information released Tuesday by the Atmore Police Department, their agency received a an alarm at the Buy-Rite Pharmacy on Medical Park Drive at 4:28 a.m. Monday. Patrol officers arrived four minutes later to find that the front door and security bars had been pried open.
Police said the surveillance video showed what appeared to be two males in hooded jackets, masks and gloves entered the pharmacy, placed several placed several controlled substance items in a trash bag and exited the store in less than a minute.
Atmore Police said the burglars’ description and method of operation closely matches that of other recent burglaries in Robertsdale, AL, Wetumpka, AL, and Escambia County, FL, as well as a burglary at same Atmore pharmacy in November 2014.
As we previously reported, three other pharmacies were burglarized early Monday morning just hours apart, and the crimes appear to be related.
Kim’s Family Pharmacy in the 700 block of South Highway 29 in Cantonment was the first to be hit about 1:25 a.m., according to owner Kim Cadenhead. The thieves got in through the bottom of the front door and stole narcotics.
Burglars forced their way into the Jackson Pace Pharmacy on Nine Mile Road about 2:30 a.m., according to owner Steve Jackson, clearing shelves and dumping the drugs into trashcans for their getaway.
Then the Lee Drug Drug in Robertsdale, AL, was hit at 3:30 a.m. when two people wearing gloves, masks and long sleeves forced their way in, taking a large amount of pills and narcotics in trash cans. The Robertsdale Police Department confirmed that photos from the Escambia County burglaries showed the same suspects as those in Robertsdale.
The burglaries came about three weeks after similar burglaries in Ensley and Jay, and few months after a similar pharmacy burglary in Molino.
Anyone with information on any of the burglaries is asked to call their local law enforcement agency.
Pictured: A Monday morning burglary at the Buy-Rite Pharmacy in Atmore. Images for NorthEscambia.com, click to enlarge.
Flomaton Mourns Loss Of High School Student In Wreck
April 6, 2016
The Flomaton community is in mourning today following the loss of a local high school student.
Flomaton High School junior Courtney Pridgen passed away Tuesday evening as the result of a traffic crash Tuesday afternoon in Brewton.
Pridgen, 17, was airlifted to the USA Medical Center in Mobile following the 1:30 p.m. crash on Highway 31 near the Southern Pine Electric Cooperative in Brewton. One other person was injured and transported to a Brewton Hospital.
The accident remains under investigation by the Brewton Police Department. They have not yet released any details on the circumstances surrounding the crash.
Flomaton High School was expected to make grief counseling available to students on Wednesday.
Courtesy photo for NorthEscambia.com, click to enlarge.