Lawmakers Have Little Interest In Escambia, Santa Rosa Dispute With DJJ
December 14, 2015
After additional court rulings in a long-running dispute between the state Department of Juvenile Justice and dozens of Florida counties — including Escambia and Santa Rosa — over the costs of detaining juvenile offenders, a key lawmaker says the Legislature isn’t likely to wade back into the dispute during the upcoming 2016 session.
The dispute stems from a 2004 law that requires counties to pay “pre-disposition” costs associated with juveniles waiting for cases to be resolved in court. The department pays the costs of detaining youths whose cases have been decided — known as “post-disposition.” But the two sides have never agreed on what those terms meant. Instead, they’ve been embroiled in a series of legal battles about how to carry out the law, with the counties arguing they have been overcharged.
The latest rulings came last week from the 1st District Court of Appeal, which rejected the arguments of counties. The rulings themselves dealt with relatively minor amounts in which counties objected to state calculations.
The debate over the charges reached the Legislature in 2014 and 2015. Lawmakers came close to an agreement to split the costs 50-50 — but the deal fell apart when the counties held out to be reimbursed for previous overpayments, which amounted to tens of millions of dollars.
Sen. Rob Bradley, a Fleming Island Republican who led earlier negotiations, said this week that the counties pay about 57 percent and the state pays about 43 percent under the current formula for determining the costs of detaining juvenile offenders.
“Last year the (Department of Juvenile Justice) promulgated rules for dividing up the cost-sharing between the state and the counties, and those rules were challenged, and they were ultimately upheld,” Bradley said. “So we have a legal framework in place for cost-sharing for juvenile detention. And in taking the temperature of my colleagues, with that being the case, there doesn’t seem to be a lot of appetite to do anything further at this point in time.”
However, Florida Association of Counties spokeswoman Cragin Mosteller said the latest rulings demonstrate why lawmakers should intervene.
“Ultimately, this is a flawed system that needs a statutory fix,” she said. “We would love to see the Legislature take action so that counties are billed on the actual expenses occurred and not the estimated expenses.”
Thirty-five counties split juvenile-detention costs with the state. The remaining counties are considered “fiscally constrained” and are not required to contribute. Those that contribute have taken cases to the state Division of Administrative Hearings, which has ruled several times in their favor.
In the rulings last week, the appeals court essentially upheld the process by which the Department of Juvenile Justice corrected earlier errors in calculating the counties’ shares of juvenile detention costs. Counties involved in the cases were Alachua, Orange, Escambia, Duval, Bay, Seminole, Okaloosa, Pinellas, Brevard, Hillsborough, Santa Rosa, Hernando, Miami-Dade and Broward.
Department of Juvenile Justice Secretary Christy Daly said she was pleased with the appeals court’s ruling, which she said “affirmed that the department did adhere” to an earlier ruling from the Division of Administrative Hearings.
“DJJ’s focus is on ensuring that youth held in secure detention receive appropriate and necessary services,” Daly wrote in an email. “As the courts continue to review challenges related to shared costs for secure detention, DJJ remains committed to working with the counties and the Legislature to find a resolution that best serves Florida’s youth and their families.
by Margie Menzel, The News Service of Florida
Lawmakers Consider More Florida Student Testing Changes
December 14, 2015
Less than a year after lawmakers overhauled public-school testing following the botched rollout of the new Florida Standards Assessments, the debate over how to measure student learning is far from over.
A leading senator on education issues is working on legislation that would allow schools to use tests other than the statewide standardized exams, which are used in some graduation and promotion decisions, teacher evaluations and school grades.
Democrats and education groups continue to call for the state’s accountability system to be suspended, with test scores being used instead to help set learning goals for schools to be measured against. Some have recommended giving schools a grade of “I,” or incomplete, in the meantime.
Senate President Andy Gardiner, R-Orlando, declined to rule out any options during a breakfast meeting with reporters this week. He noted that the State of Board of Education will also soon approve “cut scores” setting out how scores on the tests will relate to different achievement levels.
“I think all of those probably are up for discussion,” Gardiner said. “You have a board that still has to make some recommendations as well.”
In the Senate, the issue has been taken up by former President Don Gaetz, R-Niceville. Gaetz, who now chairs the Senate committee that oversees education spending, said Wednesday he’s working on legislation that would allow school districts to use alternative tests for the same purposes that the Florida Standards Assessments are used for now.
Gaetz, who said a bipartisan group of senators would be involved with the legislation, said “brand names” would be offered as the alternative tests, but no final decision has been made on which exams could be used. He also stressed that using different tests would be optional.
“The idea is not to take the place of the Florida Standards Assessment,” Gaetz, a former Okaloosa County schools superintendent, said. “The idea is to prove an alternative for districts and for students.”
Lawmakers tried last year to soothe some of the angst over the new assessments and the feelings of parents who said their children spend too much time on standardized tests. The Legislature put a hold on the use of student test data for school grades, teacher evaluations and student promotion to fourth grade until the Florida Standards Assessments, or FSA, could be validated — something that happened in September.
It also scrapped a law requiring school districts to come up with end-of-course tests in classes where the state doesn’t administer such exams; capped the amount of time students can spend on state and school-district tests at 45 hours a year; and reduced the portion of a teacher’s evaluation tied to student performance from the current 50 percent to one-third.
But the changes did little to end the debate about testing. About three weeks after the independent review said the tests were valid for most of the purposes they’re used for, the Florida Association of District School Superintendents said its members had “lost confidence” in the state’s accountability system.
“We have a credibility problem with the FSA,” Gaetz said Wednesday.
Gardiner did not directly answer a question about whether there are still too many tests in Florida, instead pointing to the changes lawmakers made last year.
“I think a lot of parents still believe there are,” Gardiner said.
Other ideas have already begun to crop up. Rep. Shevrin Jones, D-West Park, this week filed a bill (HB 903) that would suspend the use of scores on the state tests for school grades or decisions about student graduation or promotion for the current school year and the next.
Jones said the state needs to pause and gather information on how well students do on the tests, then use that data to measure how much scores improve in future years. He said the current debate over testing is unlikely to fade quickly.
“It’s not going to go away,” Jones said. “Not until we give confidence to our teachers and our parents.”
by Brandon Larrabee, The News Service of Florida
Toyz For Kidz Bike Ride Provides For Needy Kids (With Photo Gallery)
December 13, 2015
Santa had some very special helpers Saturday as the LA Bikers rolled through Bratt, Flomaton and Atmore making sure that about 60 needy kids had presents for Christmas this year.
It was the 15th annual Toyz For Kidz Ride organized by the LA Bikers.
For a photo gallery, click here.
Dozens of children received new bicycles and helmets, clothes, shoes and lots of toys. About 150 bikers took part in the event with stops at Bratt Elementary, the Arrington Auto Parts in Flomaton and Atmore City Hall.
Pictured: Children received Christmas gifts from Santa Claus Saturday morning thanks to the LA Bikers Toyz For Kidz Ride. NorthEscambia.com photos, click to enlarge.
Photo Gallery: Thousands Attend Atmore Twilight Christmas Parade
December 13, 2015
Thousands attended the annual Atmore Twilight Christmas Parade Saturday night. The parade featured over two dozen lighted floats, twirlers, antique cars, bands, marchers, Santa Claus and more.
For a photo gallery, click here.
Pictured: Scenes from the Atmore Christmas Parade Saturday night, including Miss Alabama (bottom photo). NorthEscambia.com photos, click to enlarge.
Tens Of Thousands Attend Annual Pensacola Christmas Parade (With Gallery)
December 13, 2015
The annual Pensacola Christmas Parade rolled through downtown Saturday night before a crowd estimated at over 50,000 people.
The parade featured the Blue Angels flight team, eight bands from Escambia County, New Orleans and Mississippi, organizations from across the region and dozens of other entries. All profits of the Cox Pensacola Christmas Parade go to the local high school band booster organizations.
Photos for NorthEscambia.com, click to enlarge.
Local Children Of Fallen Service Members Board The Snowball Express (Photo Gallery)
December 13, 2015
For a special group of military families, Saturday was not an ordinary day. Nearly 1,700 children and spouses of fallen U.S. military members headed out on an all-expense-paid journey to Dallas/Fort Worth, Texas, for the 10th annual Snowball Express.
Before departing from Pensacola, 56 family members enjoyed decorations, refreshments and an entertaining send-off at the USO and Gate 9. The aircraft received a water-cannon salute upon departure.
While many look forward to the holiday season with excitement and anticipation of times with family and friends, the holidays can be difficult for those who have lost a loved one — especially the families of our fallen military.
Snowball Express is a nonprofit organization with the goal of “Serving the Children of Our Fallen Military Heroes.” Snowball Express is bringing hope and new happy memories to the children of military heroes who have died while on active duty since Sept. 11, 2001.
As the official airline of Snowball Express, American Airlines provided the majority of the air travel, and all flight crews and hundreds of employee volunteers are donating their time to participate in this special program. Ten chartered American aircraft departed from numerous cities — including Pensacola — to pick up Snowball families.
Courtesy photos for NorthEscambia.com, click to enlarge.
Frances Marquis Named ESAR Volunteer Of The Year
December 13, 2015
Frances Gerianna Marquis of Molino was named the Escambia Search and Rescue Volunteer of the Year Saturday during the group’s annual Christmas party. Courtesy photo for NorthEscambia.com, click to enlarge.
Florida Gov’t Weekly Roundup: Gambling, Guns And A Little Bit Of Quiet
December 13, 2015
The temperatures might be slow to drop to a wintry chill in Tallahassee, but the flow of news from state government is already falling to holiday levels as the calendar moves deeper into December.
It didn’t help, perhaps, that much of the political oxygen this week was sucked up by the national news cyclone that is Donald Trump. The real-estate-tycoon-turned-presidential-candidate’s call to temporarily ban Muslims from immigrating to or visiting the United States ginned up a wave of outrage and controversy that made everything else pale by comparison.
But there were also real reasons why the news cycle slowed down this week. Lawmakers who have spent too much of 2015 in the Capitol had largely returned home for the last time before January. The legal fight over Florida’s state Senate districts took a week off. And most of the “news” generated by Gov. Rick Scott’s office concerned legislators, local officials or economic development figures who had endorsed his overhaul of Enterprise Florida.
There were a few tidbits of news, though, and one legitimate story. Scott’s office announced Monday evening that he had inked a long-awaited gaming compact with the Seminole Tribe, a deal that could allow the state to rake in $3.1 billion over seven years. Also, a key group of law-enforcement officials endorsed a version of legislation allowing Floridians to openly carry guns in public, potentially breaking the logjam on one of the more controversial issues for next year’s legislation session.
Another holiday staple, though, went by the boards, as the three-ring circus comprised of holiday displays at the Capitol looked like it wouldn’t perform in Tallahassee this year.
CASHING IN ON SEMINOLE GAMING
It wasn’t exactly a surprise that the governor and the Seminoles reached a deal on gaming. An agreement over card games had expired, and rumors had been floating around the Capitol that a deal was close. Settle-up day was coming, but the terms of the pact started to at least give some picture of the future of gambling in Florida.
Under the agreement, the Seminoles would pay the state $3.1 billion over seven years in exchange for adding craps and roulette to its current casino operations.
The deal is believed to be the largest tribal revenue-sharing agreement in the country, and is triple the current $1 billion the Seminoles have paid to the state over the past five years for the exclusive rights to operate “banked” card games, including blackjack.
Under the deal, the tribe would be allowed to have blackjack, craps and roulette at all of its existing seven facilities, but would give up its monopoly on blackjack and would cede its stronghold on slots.
Under an agreement reached in 2010, slot machines anywhere but at the existing pari-mutuels in Broward and Miami-Dade counties or on other tribal lands would invalidate the compact and lose the state big bucks. Giving blackjack or other banked table games to the Broward and Miami-Dade racinos would reduce the tribe’s payments to the state, and the racinos have not offered the games.
The new deal would allow the Miami-Dade and Broward racinos to add blackjack. And the agreement would allow up to 750 slot machines and 750 “instant racing” machines — which appear like slots but operate differently — to be phased in over three years at the Palm Beach Kennel Club and at a new facility in Miami.
“With a $3 billion guarantee along with a cap on the tribe’s gaming, it is my hope that this compact can be the foundation of a stable and predictable gaming environment for the state of Florida,” Scott said in letter Monday night to House Speaker Steve Crisafulli and Senate President Andy Gardiner. The “cap” refers to a limit on the number of slot machines the tribe could have at its casinos.
But it was already looking like sending the deal to lawmakers could be a roll of the dice. The agreement received a tepid response from some legislative leaders, virtually guaranteeing that the proposal could require major changes to win enough support for passage.
Crisafulli on Tuesday said legislative approval, required for the pact to take effect, would be a “heavy lift.” Gardiner told reporters “there are no guarantees” that lawmakers will sign off on the deal. And those weren’t even the harshest assessments being handed out the day after.
“I suspect that this compact is DOA,” said Sen. Jack Latvala, R-Clearwater. “Because there are so many issues in it that different people are going to find problems with.”
Key issues that could bog down passage of the compact — which would also allow lottery tickets to be sold at gas pumps — include allowing the Palm Beach County dog track to add slots, considered a snub to five other counties where voters have given slots a thumbs-up.
HOLSTERING OBJECTIONS TO OPEN CARRY
Even with the lobbying muscle of the National Rifle Association — one of the most successful groups in the Capitol — there’s no certainty that a proposal allowing people with concealed-weapons licenses to openly carry firearms will pass next year. But a major roadblock was removed Thursday, when the Florida Police Chiefs Association said its board of directors had voted to back the controversial measure — with a caveat.
The association’s board signaled its support as long as changes designed to protect law-enforcement officers are included.
“The police chiefs understand that momentum is building,” association spokeswoman Sandi Poreda said. “And because of their concerns for police officers’ safety, they wanted to go ahead and reach out to the bill sponsors and work on these amendments, which they believe will better protect officers.”
If the measure passes, 1.45 million Floridians with concealed-weapons permits would be able to openly carry guns. Opponents — including a number of Florida sheriffs — warn that people who openly display guns could get hurt as a result, either by criminals or law enforcement.
By a vote of 15-7, the police chiefs association’s board of directors — who represent law-enforcement agencies in different districts of the state — agreed to support the open-carry bill when the amendments are adopted.
In a “Red Alert” email Wednesday to association members, Executive Director Amy Mercer cautioned that the police chiefs’ group “reserves the right to oppose the bill in the future, particularly if our amendments are changed or removed or if other amendments are added that are found not to be in the best interest of the FPCA and our members.”
The amendments, in part, would ensure that people who threateningly brandish guns aren’t protected by the law and would require a holster for purposes of openly carrying a firearm.
A QUIETER HOLIDAY AT THE CAPITOL
Last year, noisy clashes over who could and couldn’t mark the holidays with displays on the first floor of the Capitol led to a smorgasbord of symbols, both religious and irreverent. But don’t expect a repeat this year.
A Nativity scene put up by a Christian group won’t make an appearance. Neither will a more-subversive display by the New York-based Satanic Temple.
But a menorah has already been displayed. And, this being Florida, an element of the bizarre could still be on tap: an irreverent disco ball-topped, multi-colored gay pride festivus pole — built of beer cans.
Pam Olsen, president of the Florida Prayer Network, announced that her group’s decision not to set up a Nativity scene is an attempt to bring some needed civility to the country struggling with issues such as mass shootings and growing racial tensions.
“America is in desperate need of God’s help! We need to love God, love one another again, have hope and peace in our hearts, to act kindly and be civil to one another — this is the message of the Nativity!” Olsen said in an open letter late last week. “After much prayer, I truly want the message of Christ, The Son of God, born in a manger so long ago in Bethlehem, to be heard very clearly at this difficult time, instead of the dissension in the Capitol rotunda — this is not the year for that kind of debate in our rotunda.”
The Satanic Temple said its decision to stay away from the Capitol this year could change if any other group asks to put a Christian display.
But an application was submitted and approved for a festivus pole display by Chaz Stevens, a political blogger from Deerfield Beach.
“Our Gay Pride Festivus Pole is a jubilant, may I say happy and gay, celebration of (the Supreme Court of the United States) recent ruling regarding same sex marriage,” said Stevens, who describes himself as a white heterosexual ally of the gay community. “Also, at the same time, we’re raising awareness to the problem of young LGBTQ men and women who are bullied and harassed.”
STORY OF THE WEEK: Gov. Rick Scott signed a gambling compact with the Seminole Tribe, but the agreement was already drawing criticisms from lawmakers who must approve it.
QUOTE OF THE WEEK: “I was freaking out. To have gotten this far and not be able to get it because you miss a deadline, that would have been huge. I’m ready for a glass of wine.”— Jorge Chamizo, a lobbyist for Lake Mary-based Knox Nursery, after the business’ owner used a helicopter and landed at a golf course to squeak in minutes before a 5 p.m. deadline Wednesday to prove he had nailed down a requisite $5 million bond for being one of the state’s purveyors of non-euphoric medical marijuana.
by Brandon Larrabee, The News Service of Florida
Wreaths Across America Honors Veterans
December 13, 2015
More than 3,500 wreaths were placed on graves at Barrancas National Cemetery on NAS Pensacola on Saturday.
The wreaths were placed as part of the national event “Wreaths Across America”, a tradition that began over 20 years ago at Arlington National Cemetery in Washington.
Pictured above and bottom: Wreaths placed at Barrancas National Cemetary in Pensacola Saturday morning. Pictured below: The Young Marines Of Pensacola also placed a wreath on the grave of Lcpl. Travis M. Nelson of Bratt at an Atmore Cemetery. Photos for NorthEscambia.com, click to enlarge.
Pedestrian Hit By Semi Truck On Highway 29
December 12, 2015
A pedestrian was struck by a semi-truck Saturday night on Highway 29 in Bluff Springs.
The pedestrian was in or near Highway 29 at Bluff Springs Road when he was struck by the northbound semi about 6:20 p.m. The adult male was airlifted by LifeGuard helicopter to a Pensacola hospital with serious injuries that were not believed to be immediately life threatening.
The driver of the semi truck, who took evasive action in an attempt to avoid the pedestrian in the dark highway, was not injured.
Further details have not been released by the Florida Highway Patrol as they continue their investigation.
NorthEscambia.com photos, click to enlarge.
