Seminoles Up The Ante In Gambling Negotiations
June 25, 2015
The Seminole Tribe has given the state 30 days to strike a new accord about exclusive rights to operate banked card games and has put the state on notice that tribal casinos don’t have to shut down the games even in the absence of a revamped deal.
Wednesday’s letter from tribal chief James Billie is the Seminoles’ latest effort to force state leaders into negotiations about the lucrative card games and comes a month before a deal giving the tribe “exclusivity” over the games is set to expire.
Billie sent state leaders a “notice of commencement of compact dispute resolution procedures,” setting in motion a 30-day period for both sides to meet over the banked card games, which include blackjack. The dispute resolution mechanism requested by the tribe is included in a 20-year agreement, inked in 2010, that set out the parameters for the Seminoles’ gambling operations in Florida.
The compact also included a five-year deal, slated to sunset at the end of July, that gave the tribe exclusive rights to operate banked card games at five of its seven casinos. In exchange, the Seminoles agreed to pay the state a minimum of $1 billion over five years. The payments would stop if anyone else in the state offers the “banked” games.
“It’s my opinion that the tribe is utilizing these arguments and the dispute resolution provision to get into a room with state leaders in order to continue a discussion on the balance of the term of the compact and the operation of banked cards,” said Senate Majority Leader Bill Galvano, a Bradenton lawyer who helped craft the original compact. “From a legal strategy standpoint, it’s a good strategy. I disagree with the arguments that they’re making, but it at least gives them a procedural methodology to negotiate with the state.”
Lawmakers failed to approve a new agreement during the regular session that ended in May, and discussions between the tribe and Republican legislative leaders have gone nowhere this year. Gov. Rick Scott handed over the issue to House and Senate leaders after a deal between the governor and the Seminoles blew up in the waning days of the 2014 legislative session.
In Wednesday’s six-page letter hand-delivered to Scott, Senate President Andy Gardiner and House Speaker Steve Crisafulli, the Seminoles contend that they can continue to offer the card games with or without a new deal because of state-authorized gambling activities taking place elsewhere.
The alleged violations of the compact would allow the tribe to stop making direct payments to the state and instead deposit the money into an escrow account, Billie wrote.
“While the tribe could have exercised its right to do so immediately, it has thus far elected to continue making its payments to the state and, as a gesture of good faith, intends to continue making its payments to the state pending the resolution of this dispute,” he wrote.
Billie’s arguments included a claim the tribe has made for years regarding slot machines that look like blackjack and roulette, authorized by state gambling regulators at non-tribal pari-mutuels. The slots operate essentially the same as the banked games, Billie wrote, the only difference being that the cards are electronic instead of paper, “a distinction we assert is without a difference.”
The Seminoles also raised a new issue on Wednesday, however, about whether player-banked card games in which the “bank” is another player instead of “the house” — first authorized by state gambling regulators in 2011and now at play in at least three pari-mutuel facilities — also violate the tribe’s rights to exclusivity. “Banked” card games, such as blackjack, are typically considered those in which players bet against the house instead of each other.
But Billie’s letter asserts that the National Indian Gaming Commission considers player-banked card games to be a form of banked card games.
“That is a very arcane area but, as I read their letter, it’s not something that I find to be ridiculous,” said Steve Geller, a former state senator and attorney who specializes in gaming law. “This may be a way of forcing the state into negotiation. I tend to disagree with most of it, but I don’t find them to be open and shut issues, particularly if the NIGC (National Indian Gaming Commission) has interpreted this player-banked card game to be a banked card game.”
by Dara Kam, The News Service of Florida
Tate, Jay Players Named To All State Softball Teams; Wyatt Coach Of Year
June 25, 2015
The Miracle Sports All-State softball teams were named Wednesday.
Tate High School’s Tori Perkins was named the 7A pitcher of the year, and Tate coach Melinda Wyatt was named the 7A coach of the year.
Perkins and Casey McCrackin were named 7A first team. Rachel Wright, Hayden Lindsay and Lauren Brennan were named to the state second team.
In 1A, Jay’s Destiny Herring, Michaela Stewart and Harley Tagert were named to the first team, while the Royals’ Dana Blackmon, Samantha Steadham, Avery Jackson and Emily Dobson were named to the second team.
Pictured: Tori Perkins (L) shortly after Tate won the Class 7A softball championship, and Coach Melinda Wyatt (right) tosses a ceremonial first pitch for the Blue Wahoos. Photos for NorthEscambia.com, click to enlarge.
Former Lawmaker, ‘Country Doctor’ Peaden Dies
June 24, 2015
Former Sen. Durell Peaden, a soft-spoken Panhandle doctor who helped shepherd state health policy and funding, has died after suffering a heart attack early this month.
Senate Secretary Debbie Brown sent a memo to senators Wednesday morning informing them of the death of Peaden, 69, who served in the Senate from 2000 to 2010 and in the House from 1994 to 2000.
“Last night I lost a friend, cousin and mentor,” Sen. Greg Evers, a Baker Republican and cousin of Peaden, said in an email to lawmakers Wednesday. “It is with a heavy heart that I bring you the news of the passing of Senator Durell Peaden. Please keep his family in your prayers.”
Peaden’s family dates back generations in Northwest Florida, with biographical information in the House clerk’s manual indicating that a Peaden relative, John Wilkinson, served in the Legislature in the 1840s. Other members of the family also served later in the 1800s, in the early 1900s and in the 1970s.
With his soft, slow drawl, Peaden liked to describe himself as a “country doctor.” He was a well-liked figure in the Legislature and would, at times, aggressively advocate for health-care money. He said the Senate Health and Human Services Appropriations Subcommittee, which he chaired during part of his time in the Senate, dealt with “life and death” issues.
While in the House, Peaden — who was widely known as “Doc” in the Capitol — also took a lead role in helping establish a medical school at Florida State University. His pitch, at least in part, was that the school could help train primary-care physicians to work in rural and underserved areas.
Hailing from Crestview in the conservative northwest corner of the state, Peaden also was a leading supporter of gun rights. Perhaps most notably, Peaden in 2005 sponsored the “stand your ground” self-defense law.
Sen. Don Gaetz, R-Niceville, announced to the Senate on June 5 that Peaden had suffered a heart attack and was hospitalized in Pennsylvania. Evers last week told senators that Peaden was recovering.
by Jim Saunders, The News Service of Florida
Pictured: Durell Peaden.
Cantonment Man Killed In Single Vehicle Crash
June 24, 2015
A Cantonment man was killed in a single vehicle accident in Cantonment Tuesday night.
According to the Florida Highway Patrol, 21-year old Aaron Lewis Wolfe was traveling southbound on County Road 97 in a 1998 Jeep Cherokee just before 9 p.m. As he entered a curve near Devine Farm Road, he left the roadway, traveled onto the shoulder and over-corrected, causing his vehicle to overturn multiple times. The Jeep came to rest upside down on the shoulder of the road.
Wolfe, who was wearing a seat belt, was pronounced deceased on the scene, according to the FHP.
NorthEscambia.com photo by Kristi Price, click to enlarge.
Century Home Destroyed By Fire
June 24, 2015
A Century home was destroyed by fire Tuesday night, and the cause of the blaze is now under investigation by the Florida State Fire Marshal’s Office.
The fire was reported just after 9 p.m. in the 500 block of Tedder Road, near the Century Correctional Institution. The wood frame home was fully involved when the first firefighters arrived on scene.
Preliminary information indicated that renters had just recently moved out of the home, and no one was inside at the time the fire started. The home still had all utilities.
There were no injuries reported. The Century, McDavid and Walnut Hill stations of Escambia Fire Rescue, the Flomaton Fire Department and Escambia Count EMS were among the responders to the blaze.
NorthEscambia.com photos, click to enlarge.
Incumbent Bill Slayton Prefiles For School Board
June 24, 2015
Incumbent William “Bill” Slayton Jr. pre-filed Tuesday as a candidate for Escambia County School Board District 5 for the 2016 election.
Slayton, a resident of Cantonment, was first elected to the school board in 2008, following an unsuccessful bid for school superintendent in 2004.
Frequently Incarcerated Century Man Arrested Again
June 24, 2015
A Century man with a lengthy arrest history is now back behind bars.
Ronald Berlan Newton, 54, was charged with aggravated assault with intent to commit a felony, a third degree felony offense. He remains in the Escambia County Jail with bond set at $100,000.
Newton had started an argument with his brother and other family members at a residence on Blackmon Street in Century, according to an arrest report, and threatened to kill his brother. Family members said Newton picked up a metal garden tool and swung it at his brother’s head, after threatening to kill him.
Deputies said Newton stated repeatedly that his brother was lying.
Since 2007, Newton has been arrested on a long list of charges that were dropped or dismissed included aggravated assault, criminal mischief, battery, lewd and lascivious behavior victim under 18, indecent exposure, disorderly conduct and contempt of court.
Newton was released from state prison in April 2012 after completing a 22 month sentence for stalking after being arrested more than a dozen times in a year. Newton was first found incompetent and remanded into the custody of the Florida Department of Children and Families for evaluation, but was later found competent to stand trial.
Newton was again sentenced to prison in October 2013 for aggravated assault with a deadly weapon and aggravated stalking. After being released from prison, he was once again arrested for contempt of court for willfully violating an domestic violence injunction. He was released from jail on April 4, 2015.
Covenant Hospice Responds To Settlement Of Government Overbilling Claims
June 24, 2015
Last week, Covenant Hospice Inc. agreed to pay $10,149,374 to reimburse the government for alleged overbilling of Medicare, Tricare and Medicaid for hospice services, according to the Department of Justice announced. Covenant Hospice Inc. is a non-profit hospice care provider which operates in Southern Alabama and the Florida Panhandle. [Read previous story.]
Covenant Hospice has released the following statement:
During recent days, the reputation of Covenant Hospice has come under scrutiny after news of billing errors were released. These errors, which upon discovery were immediately self-reported by Covenant Hospice to the Department of Justice, have not and will not affect the care provided to patients and families at the end of life. Covenant Hospice remains steadfast to its promise to provide the highest standard of care to its patients and is committed to doing what is right.
Hospice services are provided at four levels of care: routine home care, continuous home care, inpatient respite care and general inpatient care – each reimbursed at different rates by federal healthcare programs such as Medicare, Tricare and Medicaid. When billing, hospices are required by these agencies to provide very specific documentation to support the level of care.
During a review of its records in August 2010, unintentional billing and documentation errors were found to have occurred during 2009 and 2010. Hospice patients received the level of care needed, but documentation was insufficient to support the billing rates. Covenant Hospice immediately contacted the Department of Justice to correct these errors.
“We initiated extensive staff training on proper medical record documentation to ensure compliance while continuing to provide the highest quality of care for our patients and families,” said Liz Kuehn, vice president of organizational excellence and corporate compliance.
On June 19, 2015, Covenant Hospice repaid $10.1 million on the common law theory of payment by mistake, and no penalty was assessed by the Department of Justice.
“Excellent patient and family care is the cornerstone of our promise,” said Jeff Mislevy, president and CEO since 2014. “More than ever, we are focused on doing what is right for those we serve, and we will continue to fulfill our promise to provide the highest standard of care and compliance.”
FDOT Contracts With Century To Maintain Town’s Only Traffic Signal
June 24, 2015
The Town of Century has entered into an agreement with the Florida Department of Transportation to continue to maintain the town’s only traffic signal.
The FDOT will pay the town $3,040 to maintain the signal at Highway 29 and Highway 4 for a one year period beginning July 1, continuing an agreement already in place. Century employees change bulbs; repair on more complicated issues are subcontracted to Gulf Coast Traffic Engineers. FDOT frequently contracts with local governmental entities to maintain local traffic signals.
NorthEscambia.com photos, click to enlarge.
Scott Slashes $461 Million From Budget, Including Local Programs
June 24, 2015
Gov. Rick Scott used his veto pen Tuesday to slash hundreds of projects from the budget adopted by Florida lawmakers last week, setting off a new round of infighting within the already fractious Republican Party that controls state government.
Local items that were cut included $1 million for the National Flight Academy, $3 million for the Pensacola International Airport, $1 million for the Muscogee Freight Corridor and $150,000 for Second Chance Outreach Re-Entry and Education Development, Inc.
The governor struck 450 lines totaling almost $461.4 million from the spending plan for the budget year that begins next month. Everything from pay increases for state firefighters to money for orange and grapefruit juice at visitors centers were cut in the largest practical use of Scott’s line-item veto since he took office in 2011. While Scott slashed $615 million that year, the number was inflated by nixing $305 million that was supposed to be generated by selling state lands; even supporters said the initiative would have brought in a tiny fraction of that funding.
Scott said he wielded his pen against projects that didn’t meet a defined set of criteria he set out. The vetoes reduced what had been a $78.7 billion spending plan to about $78.2 billion.
“I went through the budget looking at every project saying, ‘What’s a statewide priority? Can I get a good return on investment? Has it gone through a state process?’ ” Scott told reporters.
But others saw payback after two grinding legislative sessions this spring in which lawmakers largely sidelined the second-term governor. Scott’s proposed increase in education funding was reduced, and his tax-cut package was whittled down to pay for an increase in hospital spending he opposed. The Senate also strongly backed a plan that would have used Medicaid expansion dollars to help lower-income Floridians buy private insurance, prompting Scott to threaten members of the upper chamber with vetoes. The plan died in the House.
“He promised that he would punish the constituents of those legislators who disagreed with him, and he kept his promise,” said Sen. Don Gaetz, R-Niceville.
In a blistering statement, Senate President Andy Gardiner upbraided Scott for slicing programs for Floridians with disabilities, along with cutting the raises for forestry firefighters and funding for health-care providers.
“While I respect the governor’s authority to veto various lines within our budget, his clear disregard for the public policy merits of many legislative initiatives underscores that today’s veto list is more about politics than sound fiscal policy,” said Gardiner, R-Orlando. “It is unfortunate that the messaging strategy needed to achieve the governor’s political agenda comes at the expense of the most vulnerable people in our state.”
Agriculture Commissioner Adam Putnam also blasted the governor for vetoing almost $1.6 million for the firefighter raises.
“They’re demonstrably underpaid relative to peers,” Putnam said. “And I’m even more disappointed that it was not applied consistently. The helpful people who take your driver’s license photo were allowed to receive a pay raise, and our forest firefighters who put their lives on the line were not.”
Scott said $2.6 million for pay increases for employees of the Department of Highway Safety and Motor Vehicles was backed up by the needs of that agency. He also noted pointedly that he has advocated for performance bonuses for state employees.
“The Legislature did not put in the budget pay increases for state workers other than that one (for firefighters) and highway safety,” he said. “In highway safety’s case, they’re seeing a shortage of applicants, and so that was the rationale.”
Not everyone was critical. House Appropriations Chairman Richard Corcoran, R-Land O’ Lakes, applauded Scott for looking out for taxpayers and trying to impose some accountability in the budget process.
“In the totality of it, I think he did a great job of recognizing we’re not dealing with Monopoly money,” Corcoran said.
He also minimized the complaints about Scott’s decision to strike large portions of the spending plan.
“I think this is something you see post-big veto lists all the time, and it doesn’t mean it’s wrong,” Corcoran said.
Scott axed $15 million for a downtown campus for the University of Central Florida — a project dear to Gardiner — because he said it wasn’t approved through the Florida Board of Governors process for the university system. The board had agreed to ask the Legislature for $2.8 million to help fund a $5.8 million study of the project.
The governor cut a swath of increases for health-care providers, including more than $3 million for pediatric physicians and more than $1.7 million for private-duty nursing services, saying those services had received an increase in the current budget year.
And he slashed tens of millions of dollars a year in water projects more closely associated with the House — including $27.3 million for water management.
Senate Appropriations Chairman Tom Lee, R-Brandon, said that represented a loss for House Speaker Steve Crisafulli, R-Merritt Island. Lee said many of his Senate colleagues were taking the vetoes personally and perceived that the upper chamber was being punished, because of Scott’s earlier threats during the health-care debate.
“They would have no basis for that had it not come from his own lips to their ears,” Lee said.
Lee acknowledged that Scott used the veto more readily this year than last, when the governor struck just $68.9 million from a roughly $77 billion budget.
“What a difference a year makes,” he said. “I wish I could’ve been the appropriations chair in an election year.”
Whether Scott further damaged his already-tenuous relationship with the Legislature — and particularly the Senate — remains to be seen. Gaetz noted that Scott was “all-powerful” on Tuesday because of the line-item veto included in the Constitution.
“But tomorrow, the world turns,” Gaetz said, “and the governor’s back in the position of trying to sell his ideas for next year’s budget.”
NorthEscambia.com contributed to this News Service of Florida report by Brandon Larrabee.