Poarch Creeks File Suit To Stop $23 Million Escambia County (AL) Taxation Attempt
May 28, 2015
The Poarch Creek Indians have filed a federal suit against Escambia County (AL) Tax Assessor James H. Hildreth, Jr. over his attempt to levy over $23 million dollars in taxes on tribal property, according to court documents.
The suit was filed in the U.S. District Court for the Southern District of Alabama, with the Poarch Band of Creek Indians, the only legally recognized tribe in the state, asserting that their 229.5 acres of land in Escambia County (AL) is held by the federal government in trust for tribal benefit.
The action seeks to prevent Hildreth from accessing taxes on the property and structures on the lands and seeks a permanent injunction against future assessments of property taxes on the lands — including their Wind Creek Casino gaming enterprise.
Hildreth’s latest audit shows the Poarch Creeks owing almost $22.3 million total in current and previous years’ state and county taxes for the Wind Creek Casino and Hotel, plus an additional $1.07 million for other tribal reservation properties on Jack Springs Road. The casino, hotel and entertainment center have an appraised value of $289.7 million, according to the audit.
While the tribe is a sovereign entity that is “not subject to state or local control or jurisdiction, it has voluntarily contributed to the economic welfare of the County and its citizens. In addition to providing jobs and economic opportunities, it contributes substantial sums to the County government and other local entities, including local public schools and infrastructure projects,” the federal suit states. “The Tribe also makes its governmental services, including its fire department, available to those outside of its Trust Land.”
Those contributions are in jeopardy due to Hildreth’s taxation attempts, the tribe asserts.
In January 2014, Hildreth informed the tribe that his office was initiating an audit “for the purpose of valuing and assessing for taxation all property of the Poarch Band, both real and personal, which is situated in Escambia County.” The Poarch Creeks responded with a list of property in Escambia County, except for the lands and improvements held in trust. Hildreth responded that property listing was “incomplete and non-responsive” without the trust property, and that his office would proceed with their audit and seek the addition of penalties and fees.
In April 2014, the United States District Court for the Middle District of Alabama issued an opinion affirming that the tribe’s lands are in fact held in trust by the government. Then in March 2015, Hildreth issued a letter to the Poarch Creeks stating that his office had completed the appraisal of all tribal land and that he was prepared to issue an assessment.
Representatives of the tribe met with Hildreth in early April 2015, during which time the tribe says Hildreth intended to levy taxes and penalties against the tribe’s trust lands.
NOAA Calls For ‘Below Average’ Hurricane Season
May 28, 2015
NOAA’s Climate Prediction Center says the 2015 Atlantic hurricane season will likely be below-normal, but that’s no reason to believe coastal areas will have it easy.
For the hurricane season, which officially runs from June 1 – November 30, NOAA is predicting a 70 percent likelihood of 6 to 11 named storms (winds of 39 mph or higher), of which 3 to 6 could become hurricanes (winds of 74 mph or higher), including zero to 2 major hurricanes (Category 3, 4 or 5; winds of 111 mph or higher). While a below-normal season is likely (70 percent), there is also a 20 percent chance of a near-normal season, and a 10 percent chance of an above-normal season.
“A below-normal season doesn’t mean we’re off the hook. As we’ve seen before, below-normal seasons can still produce catastrophic impacts to communities,” said NOAA Administrator Kathryn Sullivan, Ph.D., referring to the 1992 season in which only seven named storms formed, yet the first was Andrew – a Category 5 Major Hurricane that devastated South Florida.
“The main factor expected to suppress the hurricane season this year is El Niño, which is already affecting wind and pressure patterns, and is forecast to last through the hurricane season,” said Gerry Bell, Ph.D., lead seasonal hurricane forecaster with NOAA’s Climate Prediction Center. “El Niño may also intensify as the season progresses, and is expected to have its greatest influence during the peak months of the season. We also expect sea surface temperatures in the tropical Atlantic to be close to normal, whereas warmer waters would have supported storm development.”
Included in today’s outlook is Tropical Storm Ana, but its pre-season development is not an indicator of the overall season strength. Ana’s development was typical of pre-season named storms, which often form along frontal boundaries in association with a trough in the jet stream. This method of formation differs from the named storms during the peak of the season, which originate mainly from low-pressure systems moving westward from Africa, and are independent of frontal boundaries and the jet stream.
Hot Button Health Issues Added To Special Session
May 28, 2015
The House and Senate have long been divided about a proposal to expand health coverage for hundreds of thousands of low-income Floridians.
But when lawmakers return to the Capitol next week for a special session, they also will wade into a series of other controversial health-care issues, including a proposal to revamp insurance coverage for state workers and a push to overhaul some longstanding health-industry regulations.
House Republicans filed six bills Wednesday that delve into hot-button issues such as getting rid of a regulatory process for new or expanded hospitals and allowing advanced-registered nurse practitioners and physician assistants to prescribe controlled substances.
The proposals are not new, with House GOP leaders also pursuing many of the ideas during this spring’s regular legislative session. But they will come up during the pressure cooker of a special session, which was called to pass a state budget and also is expected to feature a fight over a Senate proposal to use federal Medicaid money to expand health coverage.
The bills will draw heavy lobbying, as they did during the regular session.
As an example, Rep. Cary Pigman, R-Avon Park, filed a bill (HB 27A) on Wednesday that would expand the drug-prescribing powers of advanced-registered nurse practitioners and physician assistants. Pigman, a physician, and other supporters argue the bill could help expand access to care, particularly in rural areas. But the powerful Florida Medical Association and other physician groups have long fought such proposals, saying in part that nurse practitioners and physician assistants don’t have the same level of training as doctors.
Meanwhile, the hospital industry likely will focus on a bill (HB 31A), filed by House Health & Human Services Chairman Jason Brodeur, R-Sanford, that would eliminate what is known as the “certificate of need” process for hospitals. That regulatory process requires hospitals to get state approval for new or expanded facilities and often serves as a legal battleground in disputes about projects in the industry.
Also, Rep. Heather Fitzenhagen, R-Fort Myers, filed a bill (HB 23A) that would allow ambulatory surgical centers to keep patients overnight and also would open the door for “recovery care centers” that could keep post-surgical patients for up to 72 hours. Hospital-industry officials objected to such proposals during the regular session, contending the changes would lead to profitable services being diverted from hospitals to the other types of facilities.
Aside from such regulatory issues, House leaders also want to use the special session to make changes in the health-insurance system for state employees — an issue House Republicans have long discussed.
Brodeur filed a bill (HB 21A) on Wednesday that would set the stage for employees in 2018 to choose among insurance plans with four different benefit levels. Also, the bill would seek to offer financial incentives that could ultimately lead to employees shifting away from the richest plans.
House Appropriations Chairman Richard Corcoran, R-Land O’Lakes, made clear as early as March that he wanted to inject the state-employee insurance issue into budget talks with the Senate. Dubbing the concept “Brodeur-care,” Corcoran said such changes would give more choices to state workers than under the current insurance system.
It remains to be seen, however, if the Senate will go along with any of the House health-care bills during the special session that starts Monday. Senate President Andy Gardiner, R-Orlando, did not take a firm position when asked this week.
“They’ll be fully debated,” Gardiner said during a news conference Tuesday. “We’re going to send them to committee, and the Senate will have every opportunity to review them.”
Along with negotiating a budget, the major debate during the session will be on the Senate’s proposal to use Medicaid money to offer private health insurance to about 800,000 Floridians. House Republican leaders and Gov. Rick Scott have adamantly opposed the idea.
Gardiner, however, said the Senate is more focused on that issue than the other health-care proposals.
“We in the Senate have always been focused on the uninsured piece,” he said.
by Jim Saunders, The News Service of Florida
Inmate Dies At Escambia County Jail
May 28, 2015
An Escambia County Jail inmate died Wednesday morning at the Escambia County Jail.
The 53-year old black male was found unresponsive about 6:30 a.m. and was pronounced deceased a short time later. The case in under investigation by the Escambia County Sheriff’s Office. The name of the inmate has not yet been released.
Additional information will be released following the completion of that investigation.
Two Charged With Putting Sand, Water Into Deputy’s Jet Ski
May 28, 2015
Two are facing charges for tampering with the fuel tank of a jet ski belonging to the Santa Rosa County Sheriff’s Office.
According to the SRSO, a marine unit deputy was on routine patrol on Cold Water Creek when he spotted a group of suspected underage individuals drinking. The deputy parked his watercraft on the sand to investigate.
While the deputy was investigating the possible underage drinking, he observed two male suspects — later identified as Spencer Morgan Gonzales and Brent Allen Carroll, both 20 years old — near his watercraft tampering with the fuel cap. The deputy discovered sand and water had been placed into the fuel system.
Upon seeing the deputy running to the watercraft, Gonzales and Carroll fled into the water where one was taken into custody by the deputy, and the other was apprehended by an off duty corrections officer with assistance of a concerned citizen.
Both were charged with felony criminal mischief property damage. The damage to the watercraft is estimated to be greater than $1,000.
Tate’s Perkins Named Florida’s 7A Player Of Year; Wyatt Coach Of Year
May 28, 2015
Tate High School’s Tori Perkins has been named the Class 7A softball player of the year, and Tate coach Melinda Wyatt has been named the 7A coach of the year by the Florida Dairy Farmers.
Perkins was a member of this year’s Class 7A state championship team. She has committed to the University of Alabama-Birmingham.
Wyatt coached that Class 7A state championship team. She had been at Tate for 11 years.
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 Monday night. Photos for NorthEscambia.com, click to enlarge.
Judge Clears Legal Web For Florida Medical Marijuana By Year’s End
May 28, 2015
Patients could have access to long-awaited, non-euphoric pot products by the end of the year, after a judge on Wednesday rejected a challenge to a proposed rule setting up the medical marijuana industry in Florida.
Department of Health officials could begin processing applications for the low-THC cannabis within 41 days of Wednesday’s decision by Administrative Law Judge W. David Watkins, according to an agency spokeswoman.
Watkins pointedly began his 68-page ruling with an excerpt from “Charlotte’s Web,” by E.B. White.
“Life is always a rich and steady time when you are waiting for something to happen or hatch,” Watkins quoted from the children’s book.
The name “Charlotte’s Web,” a type of cannabis cultivated in Colorado, has become nearly synonymous with marijuana that is low in euphoria-inducing tetrahydrocannabinol, or THC, and high in cannabadiol, or CBD.
Parents of children with a severe form of epilepsy pushed the Legislature last year to approve the low-THC cannabis, believing it can end or dramatically reduce life-threatening seizures.
But their joy over the passage the law, and Gov. Rick Scott’s support of it, ceded to frustration as delays — including Watkins’ November invalidation of health officials’ initial attempt at a rule — kept pot operators from getting started. Regulations for the industry were supposed to go into effect on Jan. 1.
“We don’t know whether to laugh, cry, dance, or do back flips,” said Ryan Wiggins, spokeswoman for Payton and Holley Moseley, who advocated for the law on behalf of their daughter RayAnn. “There were times over the past year we truly didn’t believe this day would ever come. We are grateful to DOH and their attorneys for all of the work they have put in to getting this right. Today is an outstanding day for Florida’s families who battle epilepsy.”
Under Florida’s first-in-the-nation low-THC law, health officials will select five nurseries in different regions of the state to cultivate, process and distribute the non-euphoric cannabis to patients with epilepsy, severe muscle spasms or cancer, if doctors order it.
Watkins’ decision allows the department to begin implementing the law, agency officials said in a statement.
“The department remains committed to ensuring safe and efficient access to this product for children with refractory epilepsy and patients with advanced cancer. We are moving swiftly to facilitate access to the product before the end of the year,” the agency said.
Watkins last year tossed health officials’ first stab at a rule, finding fault with the use of a lottery system to select five “dispensing organizations” to grow, extract and distribute the non-euphoric cannabis.
But on Wednesday, the administrative law judge rejected all of the objections in a challenge filed by Baywood Nurseries, which contended, among other things, that the rule was tilted in favor of large nurseries.
“While the department’s first attempt to do so was unsuccessful, the fruit of its second effort, which was well-reasoned, deliberative, and thorough, represents a rational and coherent regulatory framework,” Watkins wrote.
Baywood Nurseries could not be reached for comment Wednesday evening.
The Apopka -based nursery challenged the omission of some definitions in the rule; a $63,063 non-refundable application fee and certified financial statements that have to accompany it; an application scoring and evaluation process; license revocation and testing procedures; and the way the rule dealt with a $5 million bond required in the law.
Watkins found no basis for any of Baywood’s complaints, including that the application fee was too high. A committee settled on the fee by dividing the anticipated total regulatory costs — about $990,000 — by 15 nurseries that growers said could be expected to apply for the licenses.
The fee “is a reasonable, rational estimate based on sound input and should allow the department to recover its costs of administering the statute” as required by law, Watkins wrote.
“Baywood presented no evidence to support its theory that grower members of the committee had nefarious intent in estimating the number of potential applicants in order to inflate the application fee,” he wrote.
Watkins also rejected complaints about the selection of the members of the rare “negotiated rulemaking” committee — which spent 26 hours over two days hashing out the rule earlier this year — selected by the health department’s Office of Compassionate Use Executive Director Patricia Nelson.
“No stakeholder group represented by any committee member, the department included, got everything it wanted in the proposed rules — which underscores that the committee was balanced, that the negotiated rulemaking process worked properly, and that the developed rules reflect the interests of all represented groups,” Watkins wrote.
Watkins rejected health officials’ request to dismiss the complaint because Baywood did not have 400,000 plants, required for nurseries to be eligible to apply for a license, at the time the grower filed the complaint in March. Because the nursery soon after was certified as growing more than 400,000 plants, Watkins found that Baywood would be “substantially impacted” by the rule and thus could maintain the complaint.
Health officials expect to adopt the rule on Thursday, which starts a 20-day period before applications can be accepted. Nurseries will have 21 days after the rule goes into effect to submit applications. Even if Baywood appeals Wednesday’s order, the department can continue moving forward with the selection process.
Proponents of the low-THC cannabis are now worried about possible challenges by nurseries that aren’t chosen.
“I am thrilled. I am one happy legislator,” said Rep. Matt Gaetz, a Fort Walton Beach Republican who was instrumental in the law’s passage last year. “My only hope moving forward is that we don’t see more special-interest litigation when licenses are awarded.”
by Dara Kam, The News Service of Florida
Blue Wahoos Beat Mississippi Braves In 14 Innings
May 28, 2015
Ray Chang was rewarded for his hot hitting for the Pensacola Blue Wahoos by batting third in the lineup on the road against the Mississippi Braves Wednesday.
The 31-year-old, who has played 11 years in the minors, rewarded Pensacola manager Pat Kelly’s confidence with a double in the top of the 14th inning that scored second baseman Ryan Wright and led to a three-run rally.
Pensacola held on for the victory, 7-5, at Trustmark Park after Mississippi added a run in the bottom of the 14th inning and the Blue Wahoos came from behind for its second straight win.
Chang made a case for staying third in the Pensacola lineup tomorrow, after Wednesday’s performance against Mississippi, going 3-6, with a double, walk, two runs scored and two RBIs.
Chang, who is playing first base, is now hitting .383 in May (18-47) for the Blue Wahoos and .339 this season to lead all Pensacola hitters. He now has seven RBIs on the season.
Pensacola gained a game on Mississippi in the Southern League South Division, improving to 21-25 on the year. The Braves fell to 24-21 in the South.
Blue Wahoos center fielder Beau Amaral drove a sacrifice fly to deep center in the eighth inning with the bases loaded that scored Seth Mejias-Brean from third to tie the game at, 4-4, and send it to extra innings.
Pensacola has also scored one in the seventh to pull within, 4-3, when Chang singled to right field to score Amaral. Amaral reached first on an infield single to third and then stole second base, his fifth steal of the season.
Mississippi went ahead, 4-2, in the sixth inning when shortstop Eric Garcia tripled to drive in third baseman Rio Ruiz with the first run and then pinch hitter David Rohm singled to right to score Garcia.
Wright also has continued his hot hitting extending his hitting streak to 10 games, going 2-6 with a walk and a run. Wright is batting .326 (15-46) with eight RBIs and two doubles during the streak.
Mejias-Brean is hitting .368 (21-57) the past 15 games after going 2-5, scoring a run and knocking in a run, his 19th of the year. Right fielder Kyle Waldrop (2-5) also knocked in two runs and is tied for seventh in the Southern League with 28 RBIs.
Man Charged With Burglarizing Home, Attacking Three People
May 27, 2015
A Walnut Hill man is facing multiple felony charges for allegedly burglarizing an occupied home and attacking three people inside.
Thomas Zacheriah Mason, 26, is accused of entering the home of his ex-girlfriend, who is also the mother of his child. Once inside, he reportedly attacked three people with a golf club. One person inside the home tried to defend himself with a baseball bat, but Mason hit him in the arm with the golf club, causing him to drop the bat, according to an Escambia County Sheriff’s Office arrest report. Mason then allegedly began attacking the victim with the bat.
When deputies responded to the home, the three victims had visible injuries, including one that had the outline of a golf club head and grooves on his ribcage, the report states. All three refused medical treatment.
According to the ex-girlfriend, Mason had moved out of the home over a month before the incident had no belongings inside and no right to enter.
Mason was taken into custody after a deputy on patrol spotted his vehicle at Muscogee Road and Pace Parkway with an inoperable tag light. During the traffic stop, deputies reported finding marijuana inside the wrapper of a cigarette pack.
Mason was charged with armed burglary of an occupied dwelling, three felony counts of a aggravated battery with a deadly weapon, criminal mischief property damage, possession of marijuana less tan 20 grams and operating a motor vehicle without a valid license. He remained in the Escambia County Jail early Wednesday morning with bond set at $111,500.
Century Business Center To Host Chamber General Meeting
May 27, 2015
The Century Area Chamber of Commerce will hold a general membership meeting next week at the Century Business Center.
“We hope give everyone the opportunity to see the progress made to the Century Business Center and provide updates on the Century Business Challenge,” said Tiffany Barrows, chamber secretary. “We are excited to share the many projects that are underway in Century.”
The meeting will be held at noon Thursday, June 4 at the business center, located at 150 East Pond Street.