FWC Law Enforcement Report
February 6, 2016
The Florida FWC Division of Law Enforcement reported the following activity during the weekly period ending February 4 in Escambia and Santa Rosa counties.
ESCAMBIA COUNTY
Officer Cushing was conducting fisheries inspections at the Bayou Texar Boat Ramp when he encountered some individuals pulling their vessel out of the water. When asked how their day was, they stated that they had a good day and had caught an assortment of fish. Officer Cushing boarded the vessel and just prior to opening the cooler, the owner stated that they had three greater amberjack. When asked what the size limit was on greater amberjack, the owner responded 34 inches to the fork. Two of the greater amberjack measured under 34 inches and the owner of the boat was issued a notice to appear for possession of undersized greater amberjack.
SANTA ROSA COUNTY
Officer Hutchinson was working an area where he received complaints of illegal night hunting activity. While working the area late at night, he observed a truck slow down while approaching a field. He observed a spotlight being shined from the cab of the truck into the field and then into a group of trees. He conducted a traffic stop on the vehicle and made contact with the driver. The driver said that he was looking for deer and admitted to having a rifle in the truck. Officer Hutchinson observed a loaded hunting rifle lying in the driver seat between the driver and the center console. He continued his search of the vehicle and discovered an ice chest on the back of the truck with deer meat in it. When questioned about the deer meat, the man informed Officer Hutchinson that it was from a cow horn buck that he shot a few days ago. Officer Hutchinson followed him to his residence where he determined that the man had shot an illegal antlered deer. The man was charged with night hunting, taking an illegal antlered buck, and driving with a suspended license.
Officer Hutchinson received information that a man had possibly shot an illegal deer the previous day. He located the man, and after being questioned, the man admitted to shooting a deer the day before and that the deer was not a legal sized antlered deer. After measuring the antlers, Officer Hutchinson confirmed that the antlers did not meet the minimum required length. The man was charged with taking an illegal antlered buck and hunting without a valid hunting license.
Officer Hutchinson received information that a man had an illegal deer carcass hanging inside of his barn. Officer Hutchinson located the subject at his residence and questioned him about the deer. The subject said that his younger sister shot the deer, a small spike. Officer Hutchinson questioned him about the antlerless deer that he received information about the subject shooting. The subject claimed his younger sister shot it also. Officer Hutchinson measured the antlers and confirmed that the antlers length did not meet the minimum required length. After further questioning, the subject admitted to shooting both of the illegal deer. He showed Officer Hutchinson the deer meat from one of the deer which was inside an ice chest without any ice or water on it and spoiled. Officer Hutchinson also discovered that the carcass was dumped in a public park. Warrants were obtained charging the subject with taking an illegal antlered buck, taking an antlerless deer out of season, wanton and willful waste of a game animal and hunting without a valid hunting license.
Officer Land received a complaint of a vehicle parked in a closed area within the Eglin Wildlife Management Area (WMA) and the occupants of the vehicle possibly hunting. Officer Land arrived in the closed area and observed a vehicle matching the description given in the complaint. The officer observed footprints leading away from the vehicle and out through the closed area and began to track the subject. Once well out into the closed area, Officer Land encountered a subject who was bow hunting. The hunter admitted that he was aware that he was hunting in the closed area and was unable to present an Eglin Permit. This subject was issued a notice to appear for hunting in a closed area and a warning for no Eglin Permit.
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.
Florida Gov’t Weekly Roundup: Hot Button Issues And Budgets
February 6, 2016
Who says lawmakers never address thorny issues in an election year?
Whether any of the proposals that ate up time and energy this week are likely to become law remains a serious question, but the House spent two long nights arguing over controversial gun legislation. And both the House and the Senate were working on gambling bills that could be tricky to get through the Legislature — “heavy lift” has become an overused way to describe the gaming initiatives.
Meanwhile, lawmakers also moved forward with the one thing they have to do every session: passing a budget for the spending year that begins July 1. It might not be the hot-button stuff of gun battles and casinos, but it’s something the Legislature has to address. Election year or not.
PISTOLS AT 20 PACES TO DECIDE A VOTE? MAYBE
An already-tense gun debate ratcheted up a notch this week when House members added another bullet to an emotionally loaded gun bill: a provision that would allow lawmakers to carry firearms during committee meetings and on the floor.
The House voted 72-43 to allow members of the Legislature — but not other citizens — to pack heat as long as they have concealed-weapons licenses.
“I think it really applies to the fact that we allow the judiciary, a co-equal branch of government, to have that privilege, and I think it should be enjoyed by duly elected officials such as ourselves,” said Rep. John Wood, a Winter Haven Republican who proposed the amendment.
The bill itself (HB 163) — which was approved Wednesday — was controversial enough because it would let anyone with a concealed-carry license openly display sidearms in most public places. That drew opposition from Democrats who argued it was a step towards turning Florida into the Wild, Wild West with flamingos.
“We don’t need to resolve every dispute we have with a bullet, we’re better than that,” said Rep. Ed Narain, D-Tampa. “We can defend our communities without giving a gun to every Rambo or John Wayne to openly carry in public.”
Supporters countered that they were just following the Second Amendment’s guarantee of the right to bear arms.
“We are for more rights for everyone,” said Rep. Matt Gaetz, R-Fort Walton Beach. “We are for more freedom for everyone. We are for more liberty for everyone.”
The House also moved forward with a proposal that would allow people with concealed-weapons licenses to carry guns on state college and university campuses. But Senate President Andy Gardiner, R-Orlando, was already signaling that it might be hard for the gun bills to get through his chamber.
Gardiner said the measures “are in trouble.” Neither has made it through the Senate Judiciary Committee, chaired by Miami Republican Miguel Diaz de la Portilla.
“They’re in Judiciary, and I allow the chairs to make the decisions on what bills they want to hear,” Gardiner said. “Sen. Diaz de la Portilla has already decided not to hear the campus-carry bill. It was his decision. And now I think he has some concerns about open-carry.”
MO MONEY MO PROBLEMS
With the state preparing to spend a record amount on public education and lawmakers promising hefty tax cuts — though perhaps not as much as Gov. Rick Scott’s $1 billion proposal — there are likely fewer fights to be had this session over the spending plan for the budget year that begins July 1. But that doesn’t mean there won’t still be some scuffles.
As both the House and Senate budget-writing committees approved their spending plans Wednesday — while separated by just two floors of a Tallahassee building — skirmishes focused on a hodgepodge of issues ranging from abortion to water projects.
In the House, some Democrats were miffed at fine-print in the budget that would bar Planned Parenthood, a health-care provider with clinics that offer abortions, from receiving funding.
It’s not even clear how much money is at stake. A spokeswoman for the Senate, which didn’t include the ban in its budget, said no state revenue went to Planned Parenthood, although a handful of county health departments used federal funds to contract with the organization. (Federal funds are not allowed to be used to cover abortions.)
Still, the provision caused a fight. Rep. Matt Hudson, a Naples Republican who chairs the House subcommittee that deals with health-care spending, defended the proposal by contrasting funding that makes its way to Planned Parenthood with the application process lawmakers go through to get projects funded in the budget.
“Nowhere along the line has Planned Parenthood, (a) submitted a form, and (b) nowhere along the line has the Legislature told the executive branch to contract with them either directly or indirectly,” Hudson told reporters after the committee meeting Wednesday.
But House Minority Leader Mark Pafford, D-West Palm Beach, blasted the move.
“It’s a politically derived stunt they’re pulling against one non-profit organization who provides health care for women. … To suggest it’s anything else is hogwash,” he said.
The plan moved to the House floor on a nearly party-line vote.
The Senate had an odd fight over a proposal to spend $7.5 million for a project to address an environmental “emergency” in areas around Lake Okeechobee. There was nothing that unusual about the idea itself — lawmakers frequently try to get projects in the budget for local areas — but it caused a rare, public rift between GOP leaders.
Sen. Joe Negron, a powerful Stuart Republican who is slated to become the Senate president in November, offered an amendment to the Senate’s proposed budget to expand a water-storage project. The proposal was related to problems with polluted water leaving Lake Okeechobee and going into rivers in Southeast and Southwest Florida.
“This is an emergency,” said Sen. Don Gaetz, a Niceville Republican who supported Negron. “What is going on in this particular area of our state is an environmental emergency.”
Critics of the amendment said they were not opposed to the water-storage project — but didn’t like using $6.75 million set aside for state park facility improvements to help bankroll it.
“The concept I support,” said Sen. Alan Hays, a Umatilla Republican who oversees the environmental budget. “The funding source I don’t support.”
The amendment — and the full spending plan — were approved and sent to the full Senate.
WHAT ARE THE ODDS?
There are no sure bets in the Legislature, and gambling bills are some of the shakiest propositions you can find. But lawmakers are trying to come up with language that would extend a gaming compact with the Seminole Tribe and bring in as much as $3 billion to the state over seven years.
House and Senate proposals include legislation that would authorize an agreement inked by Gov. Rick Scott and Seminole tribal chief James Billie last month. That deal would allow the Seminoles to add craps and roulette at each of the tribe’s seven Florida casinos, on top of banked card games — such as blackjack — already in play at most of the Seminoles’ facilities.
In exchange, the Seminoles have agreed to pay the state $3 billion over seven years — triple a $1 billion, five-year deal that expired last summer — in what is believed to be the largest tribal revenue-sharing agreement in the country. To make the bills more palatable to gambling-leery lawmakers, the proposals would do away with dormant pari-mutuel permits and eliminate some active permits.
Separate bills will address pari-mutuel-industry issues that are permitted, but not specifically authorized, by the proposed compact, according to Senate Regulated Industries Chairman Rob Bradley, R-Fleming Island, and his House counterpart, Regulatory Affairs Chairman Jose Felix Diaz, R-Miami.
Diaz said he could get the measures through his committee. But Bradley — whose committee includes senators who are opposed to any expansion of gambling and some who have problems with the compact proposal — wasn’t as confident.
Like Diaz, Bradley said he expects committee members to propose amendments to the legislation next week. The fate of the bills could hinge on what gets added to the measures.
“Right now, it’s a jump-ball,” he said.
The flurry of activity around the bills at the end of the week came a few days after Scott headed to Broward County to press for the deal to be approved. Scott, who in the past has been criticized for failing to lobby the Legislature on his priorities, zeroed in on the potential for the gambling agreement to create and save jobs.
Sounding as if he were on the campaign trail, Scott — the self-proclaimed “jobs governor” who, in his run for office in 2010, pledged to create 700,000 new jobs in seven years — spoke of growing up in a “family that didn’t have work,” a common theme in both of his gubernatorial bids.
“It’s a tough time. I don’t ever want to go back to that time for anybody in our state,” Scott said.
STORY OF THE WEEK: After several hours of debate on Tuesday and Wednesday, the House easily approved legislation that would allow people with concealed-weapons licenses to openly carry firearms and to take guns onto college and university campuses.
QUOTE OF THE WEEK: “It is like drinking broken glass. There’s no other way to describe it. Again, if you don’t understand what’s going on I think that could be really, really frightening. The good news is it subsides after a few moments. And then, clearly, you drink lukewarm water.”—Florida Surgeon General John Armstrong, speaking to The News Service of Florida about sensitivity to cold liquids that is a side effect of his chemotherapy treatments for colon cancer, the day before Thursday’s commemoration of World Cancer Day.
by Brandon Larrabee, The News Service of Florida
Senate Seeks Unanimous Juries In Death Sentences
February 6, 2016
With executions indefinitely on hold in Florida, lawmakers are hurriedly considering legislation to address a recent U.S. Supreme Court decision that struck down the state’s capital sentencing law as unconstitutional.
But the House and Senate are divided about how far the changes should go.
The Senate Criminal Justice Committee on Monday will take up a measure that would require unanimous jury recommendations for the death penalty to be imposed. A House panel this week approved a plan that would shift the current threshold of a simple majority to a 9-3 jury vote for death.
The issue centers on the sentencing phase of death-penalty cases after defendants are found guilty. Of the 31 states that have the death penalty, Florida is one of only three that do not require juries to be unanimous in determining whether inmates will be sentenced to death. The other two states — Alabama and Delaware — require at least nine jurors to vote in favor of death.
The Jan. 12 U.S. Supreme Court ruling, in the case known as Hurst v. Florida, did not address the issue of unanimity but focused on the state’s law giving judges — and not juries — the power to impose the death penalty, based on juries’ recommendations.
The 8-1 ruling dealt with what are known as “aggravating” circumstances that must be determined before defendants can be sentenced to death. A 2002 U.S. Supreme Court ruling, in a case known as Ring v. Arizona, requires that determination of such aggravating circumstances be made by juries, not judges.
Under Florida law, juries make recommendations regarding the death penalty, based on a review of aggravating and mitigating circumstances, but judges ultimately decide whether defendants should be put to death or sentenced to life in prison.
The Florida Supreme Court on Tuesday indefinitely postponed the scheduled Feb. 11 execution of Cary Michael Lambrix, shortly after hearing arguments that concentrated on the impact of the Hurst decision on Death Row inmates. The Hurst decision is expected to spark a flurry of appeals from inmates condemned to death.
The Senate proposal (SB 7068) would require juries to unanimously decide that at least one aggravating factor exists before a defendant can be eligible for the death penalty. Under current law, a majority of jurors have to decide that at least one aggravator exists, but juries are not required to provide information about the votes on each of the aggravators.
Unlike the House plan (PCB CRJS 16-07), the Senate measure would also require unanimous jury recommendations in order for the death penalty to be imposed.
“The Senate feels that if we go to 9-3 that we’ll be back in a few years, going through this again,” Senate Criminal Justice Chairman Greg Evers, R-Baker, told The News Service of Florida in an interview Friday.
Evers held a workshop last week to get input from defense lawyers, prosecutors, judges and other death penalty experts. The only one who did not recommend that Florida switch to unanimous recommendations in death sentences was 5th Judicial Circuit State Attorney Brad King.
Because nearly all of the other states with the death penalty require unanimity for death sentences, being so outside of the mainstream puts Florida at risk in a future Supreme Court ruling, the other experts advised.
“Being an outlier, we felt that it was best if we just went ahead and went with unanimity,” Evers said Friday.
The unanimity issue “is up for discussion,” but “the fact is that if we don’t go with unanimity, then we would be opening ourselves up to have it all thrown out again,” he said.
But House Criminal Justice Chairman Carlos Trujillo, whose committee signed off on his chamber’s plan Tuesday, said there’s no way for lawmakers to predict what the Supreme Court will do in years to come.
“We can’t legislate in the world of possibilities,” Trujillo, a former prosecutor, said in an interview Friday. “The good thing is (unanimity) is the only piece that’s really different in the two bills. Overall, the bills are very, very similar. So it makes both of our lives a lot easier.”
Trujillo said the chambers will “meet at some sort of middle ground” to fix the law, now temporarily on hold, before the legislative session ends on March 11.
“We have to. We absolutely have to,” Trujillo, R-Miami, said.
by Dara Kam, The News Service of Florida
‘Bonnie and Clyde’ Suspect Killed, Ending Multi-State Crime Spree
February 5, 2016
A Missouri couple dubbed a modern-day Bonnie and Clyde went down in a barrage of gunfire early Friday morning in Santa Rosa County. Blake Fitzgerald was pronounced deceased at the scene; Brittany Nicole Harper was reportedly shot in the legs and was transported by LifeGuard EMS to an area hospital, according to federal authorities.
Both were suspects in the armed robbery of the Piggly Wiggly in Davisville Wednesday afternoon, along with a string of armed robberies and kidnappings in multiple states, according to U.S. Marshals.
The couple fled to Santa Rosa County after a massive manhunt Thursday night in Escambia County in the Cordova Park area between Bayou and Summit boulevards, not far from the Pensacola International Airport. Local, state and federal authorities spent nearly two hours searching the neighborhood for the duo, telling residents to stay inside and lock their doors and windows.
Just before 12:30 a.m. Friday, Fitzgerald and Harper, both 30, somehow managed to escape the manhunt area and flee in a vehicle to I-10 and cross Escambia Bay into Santa Rosa County with police giving chase. The chase ended after they turned down Saragon Lane off Garcon Point Road outside Milton. They were left with no where to run and were in a standoff with law enforcement by about 12:45 a.m.
At about 12:53 a.m. a hail of gunfire could be heard from Saragon Lane before both suspects were reported to be down. There were no injuries to law enforcement personnel. An ambulance was called to the scene, and left under a law enforcement escort. A short time later, U.S. Marshals confirmed that Fitzgerald died at the scene while Harper was wounded.
Thursday night’s events started to unfold shortly before 7:30 when the Famous Footwear shoe store on Davis Highway just south of I-10 was reportedly robbed at gunpoint, with the suspects described only as a male and a female. There was no confirmation that Fitzgerald and Harper were responsible for the robbery. A high speed chase from Pensacola Beach to Gulf Breeze, I-10 and the streets of Pensacola followed a short time later, with the chase ending with the massive manhunt off Bayou Boulevard near the Pensacola airport.
The story of Fitzgerald and Harper began back on January 22 in Missouri where they allegedly broke into several homes and stole at least two vehicles.
By Sunday morning, they allegedly kidnapped a hotel clerk in Tuscaloosa, stole his car, drove to Vestavia Hills, AL, released the hostage, and abandoned the stolen car. Law enforcement believes Fitzgerald then entered a residence while the family was present, displayed a handgun and stole the family’s Ford Edge in Vestavia Hills, forcing the wife to go with him in the stolen vehicle against her will. The woman was later released unharmed by the couple outside of an emergency room.
The hotel clerk in Tuscaloosa told authorities that the couple said they were headed to Florida, possibly Panama City, to get married, according to published reports.
On Monday, the couple is believed to have robbed a convenience store in Perry, GA, also kidnapping and later releasing a clerk from the store. They were last seen on Monday southbound on I-75 in a stolen silver 2010 Ford Edge.
The Okaloosa County Sheriff’s Office confirmed that Fitzgerald was their suspect in Wednesday’s armed robbery of the Alvin Island’s store in Destin. The business at 1000 U.S. Highway 98 was robbed at gunpoint shortly after noon. The man was accompanied by a white female who left the store just prior to the holdup.
U.S. Marshals confirmed that Fitzgerald and Harper were suspects in Wednesday’s armed robbery of the Piggly Wiggly on Highway 97 in Davisville. Employees said a white male walked into the store about 4:40 p.m., pulled back his shirt to show a gun and escaped with an undisclosed amount of cash. He was described as a white male with a thin build and a shaved haircut. He was wearing a black American Eagle sweatshirt, blue jeans and a black hat.
He reportedly fled in a black Ford F-150 pickup truck with a busted-out window driven by a white female in a hoodie. They were chased briefly by a store employee north on Highway 97 across the state line into Atmore. There were no injuries reported.
Piggly Wiggly employees identified Fitzgerald from photographs. The FBI confirmed the duo cross the state line five minutes after the time of the robbery.
U.S. Marshals had offered a reward of up to $10,000 for the couple’s capture.
Pictured top and below: The scene early Friday morning on Garcon Point Road at Saragon Lane, a short distance from where gunfire erupted, killing on member of a couple dubbed a modern-day Bonnie and Clyde by federal authorities. Pictured inset above and bottom: The couple were named suspects in the Wednesday robbery of the Davisville Piggly Wiggly by U.S. Marshals. NorthEscambia.com exclusive photos by Kristi Price and William Reynolds, click to enlarge.
Scott Seeks Federal Help With Zika Virus
February 5, 2016
With a public-health emergency declared in a fifth Florida county, Gov. Rick Scott on Thursday asked the federal Centers for Disease Control for assistance in addressing the potential spread of the Zika virus.
Scott’s office said Florida currently has the capacity to test only 475 people for the mosquito-borne virus, which was detected last year in Brazil and has spread to other countries. Scott asked the CDC for at least 1,000 Zika “antibody tests,” which his office said would help with testing people who have traveled to affected areas and show signs of the illness.
Also, Scott wants the CDC to conduct a conference call to help train Florida hospital workers about the virus.
Scott on Wednesday declared public health emergencies in four counties where nine cases of the Zika virus had been found. The declaration was for Miami-Dade, Hillsborough, Lee and Santa Rosa counties, with Scott’s office saying the virus was contracted outside Florida.
On Thursday, a public health emergency was declared in Broward County, where a case was found. Also, two additional cases were found in Miami-Dade and Hillsborough counties.
by The News Service of Florida
Gambling Bills Likely To Spark High Stakes Debates
February 5, 2016
House and Senate leaders will roll out gambling bills Friday that would allow the Seminole Tribe to add craps and roulette at its casinos, potentially do away with dog racing and most horse racing and open the door for slot machines in Palm Beach County.
Late Thursday, Senate Regulated Industries Chairman Rob Bradley and his House counterpart, Regulatory Affairs Chairman Jose Felix Diaz, were working on details in the two proposals, slated for votes next week in both committees.
“We’re still working on the language. We’re going to be here all night. This is a gargantuan bill,” Diaz, R-Miami, told reporters.
Both chambers’ plans include legislation that would authorize an agreement inked by Gov. Rick Scott and Seminole tribal chief James Billie last month. That deal, called a “compact,” would allow the Seminoles to add craps and roulette at each of the tribe’s seven Florida casinos, on top of banked card games — such as blackjack — already in play at most of the Seminoles’ facilities.In exchange, the Seminoles have agreed to pay the state $3 billion over seven years — triple a $1 billion, five-year deal that expired last summer — in what is believed to be the largest tribal revenue-sharing agreement in the country.
Separate bills will address pari-mutuel-industry issues that are permitted, but not specifically authorized, by the proposed compact, according to Bradley and Diaz.
To make the bills more palatable to gambling-leery lawmakers, the measures would do away with dormant pari-mutuel permits and eliminate some active permits.
But one of the most controversial items would allow horse tracks to do away with racing all types of horses except thoroughbreds, a process known as “decoupling,” while keeping more lucrative card rooms and, for some, slot machines. A portion of the revenues from the compact would go to supplement purses for thoroughbred horse races, now running at Gulfstream Racetrack and Tampa Bay Downs.
Greyhound tracks would also be allowed to decouple, an idea that has been supported by many lawmakers but has faced opposition from greyhound breeders, owners and kennel operators. Horse breeders, owners and trainers also have strenuously objected to decoupling.
Decoupling horses “would essentially make welfare queens out of horsemen by creating an artificial set-aside market” and “wipes out any semblance of free enterprise,” the United Florida Horsemen, representing owners, breeders and trainers, said in a statement.
Jai alai operators would have to keep their games under both proposals.
The measures would also allow slot machines in Palm Beach County and at a new facility in Miami-Dade County. Permits for the slots would be attained through a procurement process and would require operators to give up active permits to be eligible for the new games.
The Senate proposal — which Bradley called “an aggressive plan to reduce gaming” in Florida — would also allow Scott to “buy back” active permits, using money from the revenue-sharing agreement with the tribe. The House is not expected to include that provision in its initial roll-out, Diaz said.
The House will also offer a third measure, a proposed constitutional amendment that would require voter approval for any expansion of gambling after the compact and accompanying pari-mutuel changes are approved, Diaz said. The Senate is not yet proposing a similar measure.
The pari-mutuel-related bills would also reduce the tax rate on slot machines paid by Miami-Dade and Broward pari-mutuels, known as “racinos.” The proposed compact would allow a 10 percent drop from the current 35 percent tax rate.
Diaz said his proposal will include a 5 percent tax reduction, and up to another 5 percent for pari-mutuels that agree to reduce the number of slot machines at their facilities. The South Florida operators each are allowed to have up to 2,000 slot machines, but all have fewer than that number, and some only have about 1,000, Diaz said.
Blackjack is off the table for the racinos, Diaz said, although the proposed compact would permit the games — limited to 15 tables, and capped at maximum bets of $15 — for the Miami-Dade and Broward facilities.
The Palm Beach Kennel Club, which for years has pushed for slots, would be able to add 750 slot machines and 750 “video racing” terminals, if it wins the bid for the permit.
Who gets slots has also been a point of contention for lawmakers. Voters in six counties — including Palm Beach — have approved slots for their local pari-mutuels, but gambling regulators have refused to sign off on the lucrative games. The Florida Supreme Court is now considering whether Gretna Racing, a small horse track and card room managed by the Poarch Creek Indias in Gadsden County, should be allowed to have slots without the Legislature’s express permission. Voters in six counties — including Gadsden and Palm Beach — have approved slots for their local pari-mutuels.
With the 60-day legislative session nearing its midway point, Scott and the Seminoles have stepped up pressure on lawmakers to approve the compact.
Lawmakers have plenty of time, Diaz said Thursday.
“I think it’s pretty early,” he said, adding that the bill could be more difficult to pass as the end of the 2016 session approaches.
Diaz also said “we have the votes in my committee” to pass the measures.
“Things could change and people could change. But the members understand that this is a work in progress and they’ll have another vote on it” before it reaches the floor, he said.
“Everybody’s ideal scenario won’t come true. There will be tough decisions for us to make as a body. I don’t know if there will be anybody out there that will feel like they got everything they wanted,” Diaz said. “But the bill …will be in a posture that is passable and will continue the conversation for us live to fight another day.”
But Bradley — whose committee includes senators who are opposed to any expansion of gambling as well as those who want slots in Gadsden and Lee counties — wasn’t as confident. Like Diaz, Bradley said he expects committee members to propose amendments to the legislation next week. The fate of the bills could hinge on what gets added to the measures.
“Right now, it’s a jump-ball,” he said.
by Dara Kam, The News Service of Florida
One Injured, One Ticketed In Wreck With ECAT Bus
February 5, 2016
One passenger was injured when an ECAT bus was hit by a vehicle on Chemstrand Road near Nine Mile Thursday afternoon.
According to the Florida Highway Patrol, 28-year old Jonnathan Banuelos, age 28 of California, pulled out of a bank parking lot into the path of the transit bus driven by 55-year old Jerome Bess of Pensacola. Neither driver was injured.
One of four passengers on the bus at the time of the crash was transported to West Florida Hospital with minor injuries.
Banuelos was cited for careless driving by the FHP.
ECAT Plans To Add Multiple New Bus Stop Shelters
February 5, 2016
Escambia County Area Transit (ECAT) and Escambia County Public Works Division of Transportation and Traffic Operations has planned changes and additions to the facilities at several bus stops, including new shelters in Cantonment.
Changes are planned as follows:
New bus stop shelters, replacing current signs:
- Highway 29 at Muscogee Road – in front of the Raceway gas station
- Highway 29 in Cantonment – in front of the Winn Dixie
- Brent Lane – in front of the Carmike Theater and Mellow Mushroom
- Creighton Road – in front of Wal-Mart once the route is changed
- Old Spanish Trail Road at Olive Road
- Untreiner Avenue at Lepley Road
- Palafox Street – just north of Burgess Road
- Navy Boulevard at Pines at Warrington apartments
- Bayou Boulevard – in front of Target
Relocation of existing amenities:
- 9th Avenue at College Boulevard – replace bench with a shelter
- 9th Avenue at Springhill Drive – replace bench with a shelter
- 9th Avenue at Creighton Road, in front of CVS – replace bench with a shelter
Recently installed shelters:
- Wal-Mart on Navy Boulevard – replaced the bench with a shelter
- E Street, North of Avery Street – replaced the bench with a shelter
- Nine Mile Road – in front of Baptist Hospital
- Highway 29 at Boone Street – replaced the bench with a shelter
- Palafox Street and Jordan Street – in front of the Escambia County Health Department
- Fairfield Drive in front of Pensacola Village – replaced dilapidated shelter
- Truman Avenue – west of W Street
- University Parkway – north of Nine Mile Road on both sides of road
Pictured: A new bus stop shelter is planned for the corner of Muscogee Road and Highway 29 in Cantonment. NorthEscambia.com photo, click to enlarge
Northview Chiefs Honor Football Best During Banquet
February 5, 2016
The Northview Chiefs honored the best of their 2015 season Thursday night during their annual football banquet.
Pictured top: The Chief Award was presented to Jared Aliff and Dustin Bethea.
(Scroll down for additional awards listed below photos.)
Offensive Awards were presented to Hunter Cofield, Luke Ward and Tony Harris.
Defensive Awards were presented to Zachary Hollad, Jacob Weaver and MJ Jones.
Pictured: Seniors were also honored. (L-R) Tyler Berry, Zach Steele, LaDarius Thames, I’siah Dunn, Jacob Dunsford and Zachary Holland. Photos by Melissa Ward for NorthEscambia.com, click to enlarge.
Alimony Overhaul On The Move In Florida House
February 5, 2016
A House panel signed off Thursday on a proposal that would overhaul the state’s alimony laws by doing away with permanent alimony and creating a formula based on the length of marriage and the incomes of both spouses to determine payments.
Years in the making, the measure has the blessing of alimony reform advocates and the Family Law Section of The Florida Bar.
A nearly identical measure fell apart during the final days of last spring’s shortened legislative session after the two sides — once at odds over alimony reform — had reached a compromise.
The effort got enmeshed last year in an acrimonious battle between two powerful Republican lawmakers — Senate budget chief Tom Lee and House Rules Chairman Ritch Workman — over whether the proposal should also address time-sharing of children between divorcing parents, something Lee wanted. Workman said the time-sharing issue killed the deal, but Lee disputed that was the reason for the bill’s demise.
On Thursday, the House Judiciary Committee approved its version of this year’s measure (HB 455) — which doesn’t include the time-sharing element — in a 14-3 vote after hearing emotional testimony from divorced spouses on both sides of the issue.
Rep. Colleen Burton, the bill’s sponsor, said the changes are needed to provide certainty when couples are divorcing.
“This is a bill that, across our state, provides a framework that provides wherever you live in the state, you walk in and can ensure you’ll receive equal treatment no matter where you are,” Burton, R-Lakeland, said.
Burton’s proposal would eliminate certain types of alimony, known as bridge-the-gap, rehabilitative, durational and permanent alimony. It would also change what are now considered short-term, mid-term and long-term marriages. Under the new plan, the category of mid-term marriages would be eliminated and long-term marriages, now defined as 17 years or longer, would apply to unions of 20 years or more.
The formula for the duration of alimony payments would be based on the number of years of marriage, while the amount of the payments would rely on a couple’s gross income — the higher earner’s salary minus the earnings of the spouse seeking alimony — and would set the length of time for alimony payments.
Divorcing spouses who have been married for less than two years would not be eligible for alimony, unless a judge gives written findings for an exception.
The bill does not include a retroactivity provision that prompted Gov. Rick Scott to veto an alimony-reform measure three years ago.
Representing the Family Law Section of The Florida Bar, Tampa lawyer Joe Hunt said judges throughout the state, or even within the same county, make different alimony decisions even when given the same sets of facts.
The proposal “provides guidelines that are well overdue,” Hunt said.
But critics object that the changes would hurt older women, who stayed at home to raise children and then have a hard time finding jobs.
Shelly Moxon Lehman told the panel she was a domestic-abuse victim who was married for 18 years before getting divorced. Other women might stay in abusive relationships if they aren’t able to get financial support from ex-husbands, Lehman warned.
Lehman, 56, said she’s out of work, although she has a college degree.
“I was stuck raising our children by myself. … And now I am destitute. I’m on food stamps,” she said.
Family Law Reform founder Alan Frisher, who’s been fighting for eight years to get the law changed, said he was hopeful that lawmakers would pass this year’s proposed overhaul.
“Luckily, everybody’s playing nicely in the sandbox,” Frisher said after the meeting.
And the Bar’s family law section lobbyist, Nelson Diaz, said he believes the proposal will also get Scott’s blessing.
Three out of five Democrats on the committee supported the measure, Diaz noted.
“I haven’t gotten assurances from the governor, but I think he can be persuaded to sign it,” Diaz said.
The Senate Judiciary Committee is slated to give that chamber’s proposal (SB 668), which includes a modified version of the time-sharing component, an initial vetting on Tuesday.
by Dara Kam, The News Service of Florida