FWC Law Enforcement Report
August 2, 2015
The Florida FWC Division of Law Enforcement reported the following activity during the weekly period ending July 30 in Escambia and Santa Rosa counties.
ESCAMBIA COUNTY
Lieutenant Hahr was patrolling in the Perdido River Wildlife Management Area when he observed a man and woman, along with three juveniles, preparing to leave the recreation area known as Fillingim Landing. He observed both persons drinking alcoholic beverages and both appeared to be very intoxicated. After returning to his truck, he observed the woman driving out and stopped her just out of the parking lot. He observed strong signs of impairment and the woman refused to do any sobriety tasks. Lieutenant Hahr asked her for a driver license and she told him that she did not have one. Meanwhile, the other subject, despite seeing Lieutenant Hahr talking to his girlfriend, got into his truck and prepared to leave the area. Lieutenant Hahr stopped him and determined that he was also impaired. Both subjects were arrested for DUI and the woman was also charged with driving without a driver license. The woman provided a breath sample of .165 and the man provided a breath sample of .205.
SANTA ROSA COUNTY
FWC officers received a report of two paddle boarders who were being harassed by two individuals on a vessel in the area of Navarre Beach, Santa Rosa Sound. It was reported that the operator of the vessel intentionally circled the victims, knocking them off of their paddle boards. While the victims were in the water, the vessel struck one of the paddle boards causing damage to the board. Officers Livesay, Tolbert, Jones, Miller, and Investigator Schafer responded to the area of the hit and run. After a brief search of the area, officers located a vessel and two subjects onboard who matched the description. The victims were interviewed along with eyewitnesses and it was confirmed that the officers had the correct suspects. One of the victims received minor injuries and was treated by EMS and released. The operator of the vessel was arrested and booked into the Santa Rosa County Jail for aggravated battery. The passenger on the vessel was interviewed and released.
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: Get The Message?
August 2, 2015
The number of ways to send or receive a message in today’s world is almost limitless. You can shoot off an email, bang out a tweet or — if you want to go old school — write a letter. But one of the best ways to send a message remains filing a lawsuit.
After all, it was lawsuits (and repeatedly being rebuffed by the Florida Supreme Court) that finally prompted the state Senate to admit this week that it drew an unconstitutional map three years ago when crafting boundaries for its 40 districts. And it was the possibility of a lawsuit that brought a gambling deal with the Seminole Tribe back into the headlines after months of simmering on the backburner.
Lawsuits can also keep messages from being sent — one court restricted communications between doctors and their patients about gun ownership, for example. But for most of the week, when someone went to court, it was to move a conversation along, not to stop it.
BACK TO THE DRAWING BOARD, AGAIN
For all intents and purposes, the results of the first test of the “Fair Districts” amendments to the state Constitution — which were aimed at stopping political gerrymandering — are in. The House passed the test, perhaps surprising Capitol insiders used to rumors about the dealings of former Speaker Dean Cannon. The Senate did far worse.
The only map the House drew alone — that for its own chamber — hasn’t been seriously challenged by critics of the redistricting process. But the Senate districts, crafted solely by the upper chamber, and the congressional map that was a joint product by the House and Senate have both been labeled unconstitutional.
The Florida Supreme Court struck down eight of the 27 districts in the congressional plan July 9. Having already seen justices reject a first draft of the Senate map in 2012 and then call for the broad-based revamp of the congressional districts, lawmakers decided to cut their losses and agree to redo the Senate plan during a special session that will start in October.
“This appears to me to be an unprecedented admission,” attorney David King, who fought the maps, told reporters during a conference call Tuesday. “This is remarkable. The Florida Senate has admitted that they drew an unconstitutional map and, as a consequence of that, they now have agreed to fix the problem.”
And it was, specifically, the Senate. A joint memo from House Speaker Steve Crisafulli and Senate President Andy Gardiner laid full responsibility for the mess at the feet of the upper chamber. The message from the House seemed to be: Don’t look at us.
“By entering into this consent judgment, the Senate accepts full responsibility for the enacted Senate plan (that will be redrawn),” wrote Crisafulli, R-Merritt Island, and Gardiner, R-Orlando. “The House was not involved in drawing the Senate map, nor did the House amend the Senate map prior to its enactment. The House did not intend to favor or disfavor any political party or incumbent, and had no knowledge of any constitutional infirmities relating to the enacted Senate plan.”
The litigation over redistricting has already proven costly for the state. Lawmakers have spent more than $6.7 million since July 2009 on the redistricting process — either preparing for, drawing or defending the maps for the House, Senate and the state’s congressional delegation. And the tab could grow if those fighting the maps win a court order for the Legislature to pay their legal bills, a figure that will end up exceeding $1 million, King said.
And there are pitfalls. The agreement on the Senate districts between the Legislature and the map’s opponents, who include the League of Women Voters of Florida and Common Cause Florida, doesn’t list the districts that have to be changed. And the opponents’ objections have encompassed 28 districts — fully 70 percent of the districts represented in the 40-member Senate. Anything less than a sweeping overhaul could lead to more legal action.
BANK ON IT
Even bigger bucks are at stake in discussions between the state and the Seminole Tribe of Florida over gambling. The tribe is refusing to fold on its push to continue hosting blackjack and baccarat at most of its casinos, but Gov. Rick Scott’s administration is trying to shut down the lucrative “banked” card games.
This week, letters swapped between the state Department of Business and Professional Regulation and the tribe indicated that the two sides may be heading toward a showdown later this year over the card games, part of a 20-year gambling “compact” inked in 2010.
Authorization of the card games expired Friday, though the compact gives the tribe 90 days to put an end to the games, which include blackjack, baccarat and chemin de fer.
In a letter sent to tribal chief James Billie, Department of Business and Professional Regulation Secretary Ken Lawson asked the tribe “to discuss your plan and proposed timeline for the closure of banked card games at your tribal facilities.”
The tribe quickly responded with a letter to the governor’s office requesting mediation in the dispute.
“The tribe alleges the state has triggered the exception to the sunset provision for banked card games, as well as other compact remedies, by electing to permit other entities in Florida to conduct various types of banked card games,” part of the letter said.
The 2010 agreement gave the tribe exclusive rights to operate banked card games at five of its seven facilities for five years. In exchange, the Seminoles pledged to pay Florida a minimum of $1 billion over the same time period, an amount the tribe has exceeded. The tribe and its lawyers contend that the state has allowed other gambling operators to operate banked card games, however, in violation of the exclusivity deal.
Billie sent Scott and state legislative leaders a “notice of commencement of compact dispute resolution procedures” last month outlining what the tribe considers violations of the agreement.
If the state refuses to renew the deal, it is almost certain the Seminoles will turn to the courts to resolve the matter.
Lawsuits about the state’s gambling rules would hardly be new. Later in the week, three newly filed legal challenges accused gambling regulators of overstepping their authority with proposed rules that would prohibit obstacles on horse tracks, force jockeys to wear white pants and protective equipment like helmets and require jai alai frontons to be covered.
The challenges came two days after the department’s Division of Pari-mutuel Wagering published changes to the proposed rules that included a number of concessions to the pari-mutuel industry. The complaints came from jai alai operators in Ocala and Miami and from the North Florida Horsemen’s Association, which represents about 200 owners, trainers and riders in the barrel racing industry linked with Gretna Racing in Gadsden County.
DON’T SHOOT OFF AT THE MOUTH
Another legal battle over another contentious issue, though, seemed to be winding down. For the second time in little more than a year, a federal appeals court upheld a controversial Florida law that restricts doctors from asking questions and recording information about patients’ gun ownership.
The 2-1 decision by a panel of the 11th U.S. Circuit Court of Appeals was a victory for the National Rifle Association and other gun-rights advocates and a defeat for medical groups that argued, at least in part, that the law infringed on doctors’ First Amendment rights.
The appeals court last July also upheld the 2011 law but issued a revised ruling Tuesday. After last year’s decision, medical groups continued challenging the law, including asking for a rehearing before the entire Atlanta-based appeals court.
Dubbed the “docs vs. glocks” law, the measure includes a series of restrictions on doctors and other health providers. As an example, it seeks to prevent physicians from entering information about gun ownership into medical records if the physicians know the information is not “relevant” to patients’ medical care or safety or to the safety of other people.
A federal district judge in 2012 sided with opponents of the law and issued an injunction against it. But the appeals court last July and again Tuesday overturned the injunction.
“The purpose of the act, as we read it, is not to protect patient privacy by shielding patients from any and all discussion about firearms with their physicians; the act merely requires physicians to refrain from broaching a concededly sensitive topic when they lack any good-faith belief that such information is relevant to the medical care or safety of their patients or others,” said the majority opinion, written by Judge Gerald Tjoflat and joined by Judge L. Scott Coogler.
STORY OF THE WEEK: The Florida Senate admitted that districts it drew during the 2012 redistricting process were unconstitutional, sparking plans for a special session to redraw the boundaries.
QUOTE OF THE WEEK: “Political organizations that try to second guess the professionalism of the commission and the agency are interlopers who obviously put bears before the safety and lives of children.”—National Rifle Association lobbyist Marion Hammer, on a legal challenge to a bear hunt authorized by the Florida Fish and Wildlife Conservation Commission.
by Brandon Larrabee, The News Service of Florida
Tallahassee Insiders Take Aim At Pot License
August 2, 2015
Influential Tallahassee insiders — and a former lawmaker who is the grandson of one of Florida’s most-renowned citrus barons — have banded together with the owner of an abortion clinic to get in on the ground floor of the state’s burgeoning medical-marijuana industry.
Tree King-Tree Farms, located in Quincy, disclosed its team of lobbyists, lawyers, investors and consultants in an application for one of five, highly sought-after “dispensing organization” licenses to grow, process and dispense a type of non-euphoric medical marijuana authorized last year by the Legislature and Gov. Rick Scott.
The “Northwest Compassionate Care” team, comprised of Tree King and others, includes powerful Tallahassee movers and shakers.
But the woman who assembled the coalition — a onetime Republican National Committee staffer — said she was motivated to enter the arena for personal, not political or financial, reasons.
“I am your blue-collar worker,” Shannon Rosier, a forensic accountant, told The News Service of Florida on Thursday.
One backer listed on the 241-page application — among the shortest of the 28 applications received by the Department of Health earlier this month — is DeVoe Moore, a wealthy Tallahassee businessman who has a center named after him at Florida State University.
Another investor is former legislator Baxter Troutman, a grandson of the late citrus magnate Ben Hill Griffin Jr., for whom the University of Florida football stadium is named.
The applicant’s legal adviser is Sam Ard, a veteran Tallahassee lobbyist and lawyer with a focus on agriculture.
Also with a small share in the operation is Louis Rotundo, a lobbyist who represents the Florida Medical Cannabis Association and has been an active participant in the development of the law and the rules governing the low-THC marijuana industry.
The application lists powerful lobbyist Billy Rubin, a close ally of the governor, as its “governmental affairs” consultant.
But Rubin, who represents a separate client seeking a license in the same Northwest region of the state, denied having anything to do with the Tree King consortium.
“We are not sure how this was listed in error, but it is important to rectify the situation,” Rubin’s lawyer said in a letter sent Monday to health regulators.
Rosier blamed the inclusion of Rubin in the application on a scramble to get the forms in before a 5 p.m. deadline on July 8. The group’s application was time-stamped at 4:57 p.m.
Rosier said she assembled the team largely through her connections as a girls’ basketball and softball coach in Tallahassee. For more than a decade, Rosier has volunteered as a coach for the YMCA and Tallahassee youth programs. She takes pride in the number of players for whom she has helped secure scholarships.
Rosier, who owns an accounting firm catering to small businesses in Tallahassee, said she doesn’t consider herself as partisan. During her stint at the RNC from 2003 to 2008, she worked as accountant who specialized in compliance, payroll and software management.
The mother of four said she learned of low-THC cannabis as a form of treatment after a softball player suffered her first seizure on the field.
“It was a very dramatic event,” Rosier, known as “Coach Shannon” throughout Tallahassee, said. “That’s how our journey began.”
Her former player suffered daily seizures — despite numerous prescription drugs, including one with the potential of damaging her liver, with no effect — until trying low-THC oil in California, Rosier said. After Scott signed the low-THC bill into law last spring, Rosier launched the effort to get a license to bring the life-saving product to suffering children like her former player.
“It’s just simple compassion of knowing these kids were on these drugs that were killing them. That’s why I began this pursuit,” she said. “I wanted to walk into this with the compliance component, which is what I do. I want to make sure that we establish this industry and build it up in Florida, rather than win the license and sell it to an outsider.”
Under the 2014 law, only nurseries that have been in business for at least 30 years and grow a minimum of 400,000 plants are eligible to apply for one of the five licenses.
Rosier ended up buying 75 percent of Tree King, a tree farm originally based in New Port Ritchey and which met the eligibility requirements. The other owners include the nursery’s original owner, Gerrard L’Heureaux; L’Heureaux’s attorney, Robert Buck; and Rotundo. The NW Group, affiliated with the operation, is owned by Troutman; Rosier; and Stephen Duncan, the applicant’s medical director and an obstetrician/gynecologist who owns North Florida Women’s Services, an abortion clinic in Tallahassee. Duncan also has been the medical director of a compounding pharmacy for more than five years.
The NW Group is linked with Be Mindful, a Colorado-based organization that has been growing medical marijuana for at least five years and also operates four dispensaries in the western state. The company will receive a percentage of the gross sales of the operation, if the license is granted.
Rosier bought a warehouse in Quincy, not far from Tallahassee, with the intent of basing the operation in the Northwest region after plans to join with a different nursery — Oglesby Nursery — fell through. Oglesby’s owner, Gary Hennen, is also working with Rosier’s team.
Rosier plans to open dispensaries in Pensacola, Panama City and Tallahassee if she receives a license. The application says the product would be delivered to the dispensaries in an armored vehicle.
When asked about selecting the owner of an abortion clinic as the group’s medical director, Rosier said she “took it with a grain of salt” in light of Duncan’s resume, which includes a background in chemistry, although she “knew (abortion) was controversial in itself.” The application lists two other doctors as deputy medical directors. Duncan also owns The Men’s Center of North Florida, which specializes in anti-aging treatments.
“I need him to be part of my team because education is the key,” Rosier said. “I appreciate the fact that he brings a lot of expertise to the table. … He’s imperative to the marketing, the education that’s needed for these doctors to move forward so that these patients can get what they need in Florida. Why not use a doctor that has as much expertise as he has?”
Florida doctors were supposed to begin ordering low-THC treatments for their patients on Jan. 1, but the 2014 law has been mired in legal challenges. Health department officials have 90 days to select the five licensees, who will then have 120 days to begin delivering the product to eligible patients. Under the law, doctors can order the treatment for patients with chronic muscle spasms or cancer.
About 100 nurseries were eligible to apply for the licenses, and the owners have been inundated by out-of-state pot growers, investors and others trying to cash in on the “green rush” in the Sunshine State. Many are eager to establish a presence early on with the hope that voters will approve a constitutional amendment that would legalize “traditional” marijuana — with higher THC levels — next year. The Supreme Court has not yet approved the proposed constitutional amendment for the 2016 ballot, and voters narrowly rejected a similar initiative last year.
The Northwest Compassionate Care team is one of many with ties to influential lobbyists, lawyers and investors from inside and outside of Florida. But some of the others may not have been as forthright identifying who is participating in the endeavors. The health department only required applicants to reveal the names of owners and managers of the operations.
“There’s a lot of applications and a lot of names I hear are floating in them. And that’s the question. If they’re not there, I’m going to be very interested to know how and why they’re not there,” Rotundo said.
Rotundo said the high-profile names on the Tree King application shouldn’t work against the group.
“The reality is this, through this whole process the issue has been who’s involved with these licenses. Do I know them? Do they have good backgrounds? Are they substantial citizens of the state of Florida? Because so many of the people who were working on this legislation were afraid of a bunch of outsiders coming into this process and that you wouldn’t know who they were,” he said. “When you look at something like several of these applications, which I think will have similar partnerships or team arrangements, what you’re looking for is folks that have been here in Florida for a long time. They have established reputations. I think that’s a good thing. It gives the state some level of comfort of who they’re dealing with.”
by Dara Kam, The News Service of Florida
Pensacola Captures Series Against Chattanooga With 8-1 Win
August 2, 2015
For 7.2 innings, Pensacola Blue Wahoos pitcher Barrett Astin gave up just two hits to the Chattanooga Lookouts — a team third in the Southern League in team hitting at .261.
Astin also struck out a season-high nine Lookouts as Pensacola pulled out an 8-1 win and captured the first series this season against Chattanooga, 3-2, Saturday at AT&T Field.
In the third inning, Pensacola would get all the runs they needed when first baseman Marquez Smith lined a double to score left fielder Jesse Winker and go up, 1-0. Right fielder Juan Duran then singled in Smith for a 2-0 lead.
Smith and Duran were the stars of Pensacola’s 15-hit attack on Saturday. Smith was 2-4 with two doubles, scoring three runs and driving in two more. He now has a team-leading 17 doubles on the year with a team-leading 37 RBIs and is batting .275.
Duran was 3-5 with four RBIs, including two RBIs. He has 22 RBIs and is batting .308 in 29 games for Pensacola.
Pensacola third baseman Seth Mejias-Brean got on base four times, going 2-3, with two walks, one run scored and also drove in his 37th run of the year. Meanwhile, DH Sean Buckley also reached base four times on three hits and a walk in five total at bats.
The team hit a season-high eight doubles in the game, the most since hitting seven against April 20th at Birmingham. Bryson Smith, Jesse Winker, Kyle Skipworth and Buckley each added a double a piece to the evening.
Astin cruised into the eighth and got the first two batters out before walking the next two batters and giving up a run scoring single to shortstop Jorge Palanco. In seven starts since June 29 with the Blue Wahoos, Astin is 3-2 with a 3.48 ERA. He has struck out 37 batters in 44 innings with the Double-A team.
The Blue Wahoos travel to take on the Jacksonville Suns beginning Sunday.
FDLE Arrests Escambia Man On Child Porn Charges
August 1, 2015
An Escambia County man was been arrested on child pornography charges by the Florida Department of Law Enforcement.
Fredrick Lamar Collins Jr, 30 was charged with five counts of obscene material, possession of photographs depicting child sexual conduct. FDLE agents, along with Escambia County Sheriff’s Office deputies, executed a search warrant at 6501 Highway 98, Apt. 506 on Thursday.
The investigation began in May after agents determined that a computer located at Collins’ residence was sharing files containing child pornography on the internet. Multiple files containing child pornography were located on a personal computer belonging to him, according to FDLE.
He was booked into the Escambia County Jail with bond set at $75,000. The investigation will be prosecuted by the Office of the State Attorney.
Deputies Investigating Lloyd Street Death
August 1, 2015
The Escambia County Sheriff’s Office is investigating after a woman was found dead inside a car.
The woman’s body was found in the 4000 block of Lloyd Street. Investigators said the cause of death is unknown at this time.
The Escambia County Sheriff’s Office has not released further details as they continue their investigation.
Lightning Sparks Cantonment House Fire
August 1, 2015
Lightning struck a home just off West Kingsfield Friday afternoon, sparking an attic fire, and leaving a family of about four people without a home. The fire caused damage in the attic of the home on Hanley Downs Drive. The occupants of the home escaped without injury.
NorthEscambia.com photos by Kristi Price, click to enlarge.
Blackwater Forest Home To First-Ever XTERRA Triathlon This Weekend
August 1, 2015
XTERRA, the global sport of off-road triathlon that has been contested world-wide for over 20 years, comes to the area this weekend. One Sunday, a sold out field of 150 athletes will swim, bike, and run in and around Bear Lake in hopes of claiming the first ever XTERRA Blackwater title.
Staged in the beautiful Blackwater River State Forest at the Bear Lake Recreation Area, the race consists of an 800 yard swim, a 13 mile mountain bike and a 3.75 mile trail run.
Nine states will be represented once the start gun fires. Included in the field is accomplished pro triathlete Sara McLarty. The Clermont, FL, resident was the 2005 USA Triathlon Rookie of the Year, a member of Team USA in the 2007 and 2011 Pan-Am Games, and has numerous top 10 and top 5 finishes at premier triathlons around the world.
Hosted by SOML Racing (So Others May Live), a non-profit organization consisting of Naval Aviation Rescue Swimmers, families, and friends, it’s an organization that strives to be a formidable force in the lives of those whose seek to better themselves mentally and physically, as every Navy rescue swimmer knows, “So Others May Live!”
Confederate Monument Vandalized
August 1, 2015
Police are investigating after Pensacola’s Confederate monument in Lee Square was damaged by graffiti The words “Confed Lives Don’t Matter” were spray painted on the structure.
Lee Square is located at 602 North Palafox St., between the north- and southbound lanes of Palafox Street. Damage to the statute was estimated at around $1,000.
“We are investigating this as possible felony criminal mischief because of the extent of damage,” said Chief David Alexander III.
Anyone having information on the incident is asked to contact the Pensacola Police Department at (850) 435-1900 or Crime Stoppers at (850) 433-STOP.
Photo courtesy NewsRadio 1620 for NorthEscambia.com, click to enlarge.
Wahoos Even Series With Win Over Chattanooga
August 1, 2015
Cody Reed (W, 1-0) was stellar in his organizational debut Friday night at AT&T Field in Chattanooga, leading the Blue Wahoos to a 4-1 win to even the series. Reed earned the win while matching his season-high with seven strong innings allowing just a first-inning run. He walked only one and struck out six.
The Lookouts took advantage of a leadoff double in the first inning by Shannon Wilkerson to take a 1-0 lead. The game stayed that way until Pensacola rallied in the seventh. With Juan Duran at second after a one-out double, Seth Mejias-Brean ripped a groundball right between the legs of the first baseman D.J. Hicks. Duran scored on the error to tie the game and snap Pensacola’s scoreless streak at 15 innings. Mejias-Brean scored the go-ahead run when Sean Buckley singled him home later in the inning.
The Wahoos added to their lead with a couple more runs in the eighth. Duran came through again with a two-run single scoring Ryan Wright and Jesse Winker to make it a 4-1 game. Duran led the offense with a 3-for-4 night including the two RBI and a run scored.
The bullpen finished strong for the Blue Wahoos. Kevin Shackelford pitched a scoreless eighth inning in his third outing since returning from the disabled list. Zack Weiss picked up his 13th save by striking out the side in order in the ninth.
Chattanooga’s Greg Peavey (6-3) took the loss after allowing two runs, one earned, on five hits over 6.1 innings.
Pensacola will look for their third series win of the second half tomorrow night. RHP Barrett Astin (2-2, 3.96) is expected to be activated prior to the game going up against LHP David Hurlbut (7-4, 3.77). First pitch is set for 6:15 CT from AT&T Field in Chattanooga, Tenn.
The Blue Wahoos are on a 10-day road trip against the Chattanooga Lookouts and Jacksonville Suns.