Florida Lawmakers To Once Again Consider Alimony Overhaul
February 14, 2015
A “child support-esque” formula could determine the amount of alimony divorcing spouses would receive under a radical overhaul of the state’s alimony laws now in the works.
In contrast to hotly contested legislation that prompted an outcry from the National Organization for Women and pitted alimony-reform advocates against divorce lawyers two years ago — and ultimately resulted in a veto by Gov. Rick Scott — the new plan floated by House Rules Chairman Ritch Workman so far has the blessing of people on both sides of the issue.
Under Workman’s proposal, judges would rely on guidelines that include the length of marriage and the incomes of both spouses to determine how much alimony divorcing spouses should receive. Judges could also go outside the guidelines in extreme cases.
But scrapped from the bill, still being drafted, is a provision that would have allowed the alimony changes to be applied retroactively, which Scott cited when he red-lined the 2013 plan. Under the revised proposal, modifications to alimony payments would be considered under the new framework.
Workman, who described the proposed formula as “child support-esque,” would not reveal the specific guidelines because, he said, he was still putting the finishing touches on the measure, which will be sponsored by freshman Rep. Colleen Burton, R-Lakeland, and Sen. Kelli Stargel, R-Lakeland.
“I’ve been working for a year and a half with the sides that hate each other,” Workman, R-Melbourne, told The News Service of Florida this week. “I tried very hard to close the holes on both sides. I don’t like anybody using alimony as a weapon.”
The measure would essentially do away with permanent alimony, another sticking point in the proposal that earned overwhelming support from both legislative chambers in 2013, but would also give judges the ability to use discretion in certain cases.
Workman’s previous attempt also carried numerous other potential implications for people whose marriages end in divorce, including a formula that based the amount of alimony on the length of time of the marriage.
“This bill, for the first time in Florida history, creates a formula for alimony,” Workman, R-Melbourne, said. “The last time I did this, it was limiting. … This one says, after a divorce, here’s the ratio for your alimony. In some cases, people will get more alimony than in the past. But what it does for everybody is it gives a start and an end date to alimony.”
In interviews with The News Service of Florida this week, a representative of the Florida Bar Family Law Section, which lobbied fiercely against the measure two years ago, and Alan Frisher, the head of Floridians for Alimony Reform, both said they support the plan.
“The thinking behind this is a guideline with built-in discretion so that the judge can, within a range, fashion an award that is fair for the family but still provide some degree of certainty of what the outcome will be to help lawyers and litigants settle cases more effectively and efficiently,” said West Palm Beach lawyer Tom Sasser, who was instrumental in a 2010 rewrite of Florida’s alimony laws and worked closely with Workman on the latest effort.
Sasser, a former chairman of The Florida Bar Family Law Section, called the proposal “a complete re-thinking of the way we do alimony” that strikes a balance between those who receive alimony and those who pay it.
“It’s designed in concept to allow a judge with specific written findings to deviate outside the findings, just like the child-support statute is, so that you can account for those anomalies. But on the other hand it isn’t meant to tilt the balance in favor of people who receive alimony and to make sure that they get it more often or in greater amounts,” he said.
The overhaul is drawn from “best practices” in alimony law from other states but is unique, said Sasser, chairman of the National Alimony Study Committee of the American Academy of Matrimonial Lawyers.
“I am thrilled beyond belief. It’s wonderful. If it comes out the way we’ve been negotiating and collaborating, it can be the most progressive alimony reform bill in the nation and certainly significant to alleviate the entitlement attitude that we see so customarily in our society,” Frisher said.
Expected to be filed next week, the proposal would also crack down on alimony recipients who lie about living with someone else.
Current law already allows alimony to be reduced or eliminated when a recipient is living in a supportive relationship, something Workman said is difficult to prove. Under the proposed changes, someone who is caught lying about cohabitation would have to return the amount of alimony they received since being accused of being in a supportive relationship and also pay attorneys’ fees.
“There’s been a game for decades in this state that, just deny it, you’ll still get alimony while it goes through the courts. Delay the proceedings as long as you can and then walk from it in the end. Well, that’s ill-begotten gains,” he said. “This way, there’s no real gain in trying to game the system. And if you’re going to sue, you better be right, or you’re going to pay for it.”
Workman’s plan would also bar alimony recipients from receiving increases if their former spouses get raises.
“If I am paying you alimony and I’m paying you for 30 years and, 15 years from now, I get a huge promotion. My lifestyle has just changed. Why should yours?” he said.
And the new draft also would require that alimony payments be reduced when the payer reaches age 62, something important to Frisher and others who argued that permanent alimony forces those aging payers to work longer to keep writing checks to their former spouses.
“There will be more certainty and predictability in the process of divorce, knowing what essentially the ranges are that you would have to pay and the length of time that you would have to pay,” Frisher said. “I think what this new law will do is literally open up the door to allowing for more mediated divorces and collaborative divorces in our state and will end up with much less litigation over time.”
Even with support from both sides, the acrimony spawned by the previous bill could make passage this year “a heavy lift,” Workman conceded.
“I believe this bill should not be controversial. I think that if this was the first time I filed it, it would have a three-minute committee stop. But because it was vetoed, even with a House and Senate supermajority, because NOW got so upset, because of how loud things were, the fact that you’re here today is evidence that there’s still an interest in the drama that once was,” he said during an interview. “We’ve taken a fresh approach to it and tried very hard to do away with all of the preconceptions and the notions that we had before.”
Scott “wants me to bring it to him,” Workman said.
“He encouraged me to work with both sides to bring less drama to the issue, although I do believe I can speak for him and say that he knows that this is a section of law that has not been redone in decades and things have changed in decades,” he said.
by Dara Kam, The News Service of Florida
No Injuries In Highway 29 Crash
February 13, 2015
There were no injuries in a two-car, rear-end type accident on Highway 29 north of Highway 95A in Cantonment Friday afternoon. NorthEscambia.com photos by Kristi Price, click to enlarge.
Horse Abandoned With No Food, Water Seized By Animal Control, Rescue Group
February 13, 2015
An abandoned horse was rescued in Molino by Escambia County Animal Control and Panhandle Equine Rescue.
The mustang “was abandoned at a vacant property with no food or water, so authorities had to step in and remove him,” said Diane Lowery, PER president. He was evaluated by a local veterinarian after being transported PER’s facility in Cantonment.
“He will have to be fed small amounts of grain for several days, but should fully recover,” Lowery said of the horse that has been named “Smarty”.
The only horse rescue in Escambia County, Panhandle Equine Rescue was founded by a small group of concerned citizens with a mission to rescue, rehabilitate and provide adoption services for abused, neglected and abandoned equines. PER is authorized by the court system to investigate equine cruelty in Escambia County.
For more information on Panhandle Equine Rescue and how to donate to the organization visit www.panhandleequinerescue.org. The group is specifically seeking donation’s to help with Smarty’s care.
Pictured: A rescued Mustang named “Smarty” exhibited visible signs of hunger. Photos for NorthEscambia.com, click to enlarge.
Escambia Man Facing Life Sentence For Robbery
February 13, 2015
An Escambia County man is facing possible life sentence for robbing a cab driver. Lucas Jenkins was found guilty by an Escambia County jury of robbery with a firearm.
On April 17, 2014, Jenkins and his three co-defendants called for a cab. Once the cab arrived, they directed the cab driver to take them to an unoccupied trailer and then robbed the cab driver at gun point. The cab driver’s money, GPS, in car camera and cell phone were all stolen. The four suspects were later apprehended at an apartment building and at that time all of the stolen items were recovered. The gun was also found by the police at that location.
Sentencing on this conviction will be scheduled at a later date before Circuit Judge Linda Nobles. Jenkins faces a maximum sentence of life in prison.
The charges against Jerry Dwayne Moorer, Jr., one of the other co-defendant’s, are still pending.
At the time of his arrest for this case, Lucas Jenkins was on felony probation for robbery armed with a firearm, aggravated assault by threat and aggravated battery with a deadly weapon. After his arrest for the cab driver robbery, Jenkins was found guilty of violating his probation and was sentenced on October 27, 2014 to 15 years in state prison for his violation of probation.
Escambia County Sheriff’s Office Awards Bravery, Dedication
February 13, 2015
The Escambia County Sheriff’s Office held its annual award ceremony Thursday during which several deputies will receive the Medal of Courage for rescues during the flooding and jail explosion last April.
Escambia County Jail employee Kelley Bradford was recognized with the Civilian Gold Medal of Honor, and Chris Hankinson was honored with the law enforcement Purple Heart. Hankinson was paralyzed as a result of the natural gas explosion, while Bradford is credited for saving his life.
“An explosion at the Escambia County Jail left Kelley fearing for her life, yet she was more concerned about the life of another. Seconds after the explosion, Kelley called out for her co-worker, but heard no response. When she finally found Detention Deputy Christopher Hankinson, he was unable to move and lying in debris-filled water that was beginning to fill a confined area. Kelley entered the water, grabbed his head and struggled to keep it above the water as she waited for help,” Sheriff David Morgan said. “Anxious seconds turned into minutes and minutes turned into nearly an hour. She fought to ensure his survival even as her strength nearly gave out. She was determined to do whatever it took to save his life. Forty-five minutes later ,firefighters arrived and pulled the two to safety.”
“This was just the beginning of some challenging days for Detention Deputy Chris Hankinson, whose life was changed forever. He received paralyzing injuries and had to leave his job at the jail to undergo therapy,” Morgan addded
Also Thursday, other awards were presented as promotions recognized as follows:
Awards
NCIS Special Agent Richard Campbell received the Civilian Service Medal and Deputy John Rose received a Life Saving Medal for using an AED and CPR to save the life of a heart attack victim who was able to fully recover.
Senior Deputy Terry Hammock received the Life Saving Medal for rescuing a child that trapped under a heavy box at an apartment on Nine Mile Road on July 12, 2014. Hammock starting lifesaving techniques on the child, who was blue in the face an not breathing. He begin CPR, and EMS was able to revive the child.
Kimberly Lawson was named Law Enforcement Employee of the Year for her efforts during her nine year employment.
Deputy Richard Durant was awarded the Medal of Courage and Deputy 1st Class Jason Donnelly was named Law Enforcement Officer of the Year. Durant and Donnelly rescuing two people trapped in rising floodwaters at a bridge on Lillian Highway.
Medals of Courage were awarded to a group of deputies for saving many lives following April’s historic flooding and for entering the Escambia County Jail to perform rescues shortly after an explosion tore through the facility. Medal of Courage recipients were: Sgt. Patrick Frazier Jr., Sgt. Curtis Cephas, Deputy Ken Holyfield, Lt. Mindy Von Ansbach Young, Deputy Michael Williams, Deputy Casey Whitlock, Lt. Lisa Dixon, Deputy Bryan Barton, Deputy Richard Durant, Deputy Jeremiah Meeks, and Deputy Mildred Smallwood.
Promotions
- From Lt. to 1st Lt. Roderick Custer, Jr.
- From Senior Deputy to Sgt. Larry Crossley II
- From Senior Deputy to Sgt. Jeffrey Swanson
- From Senior Deputy to Sgt. Johnathan Mashburn
- From Deputy 1st Class to Sgt. Delarian Wiggins
Longevity Awards
20 years
- Debra Berry-Girdner
- Lt. Darrell Allday
- Lt. Richard Baily
- Sgt. Phillip Nix
- Master Deputy Terry Brunson
- 1st Lt. Mark Jackson
25 years
- Kenneth Simmons
- Lafe (Layfe) Highfill
- Debra Lattimer
- Cynthia Broughton
30 years
Lisa Caballero
Pictured top: Purple Heart recipient Detention Deputy Chris Hankinson and Civilian Medal of Honor recipient Kelley Bradford with Sheriff David Morgan. Pictured below: Some of the ECSO Medals of Courage recipients. Photos for NorthEscambia.com, click to enlarge.
Northview Opens Season With Wins Over Pensacola High
February 13, 2015
The Northview Chiefs opened their 2015 season with wins over the Pensacola High School Tigers.
The JV Chiefs beat PHS 10-1, while the varsity Chiefs defeated Pensacola 7-3 at PHS.
The Chiefs will travel to Baker on Monday before hosting Baker on Friday.
NorthEscambia.com photos by Ramona Preston, click to enlarge.
Bratt Elementary Art On Display At School District Headquarters
February 13, 2015
3-D art from Bratt Elementary School is currently on display in the Escambia County School District headquarters in the Vernon McDaniel Building on Pace Boulevard. Photos for NorthEscambia.com, click to enlarge.
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Military Housing Tax Exemption Gets Support
February 13, 2015
County property appraisers would be prohibited from seeking property taxes on housing improvements at U.S. military bases in Florida, under a proposal that easily marched through its first House appearance Thursday.
The House Finance & Tax Committee unanimously backed a proposal by Rep. Jay Trumbull, R-Panama City, aimed at recognizing that housing under a program known as the Military Housing Privatization Initiative, on land owned by the federal government, is exempt from ad valorem taxation.
Initiative developments can be found at several bases, including Naval Air Station Pensacola.
The Military Housing Privatization Initiative involves the military entering agreements with private developers to own and operate military-family housing.
Trumbull’s bill is in reaction to a 2012 attempt by the Monroe County property appraiser to subject such housing at Naval Air Station Key West to local property taxes. Similar efforts are underway in Escambia and Santa Rosa counties, Trumbull said.
The Monroe County property appraiser contended the non-governmental title holder on the housing improvements at the Navy facility shouldn’t be exempt from the taxes. However, a circuit judge blocked the attempt, declaring that the U.S. Navy is the equitable owner of the property, according to a legislative analysis. The case has been appealed to the 3rd District Court of Appeal. “At a time when Florida is spending a significant amount of money to maintain a military presence in Florida, these actions send a terrible message,” Trumbull told the committee.
by The News Service of Florida
West Florida Lady Jags Get District Win (With Gallery); Tate Now 4-0
February 13, 2015
The defending state champion West Florida Lady Jaguars are off to a 2-1 start this season.
The Lady Jags opened their season with an eight-inning 10-9 win over the Escambia Gators, a loss to Gulf Breeze and a district win Thursday 7-2 over the Marianna Bulldogs. Mogan Freeman hit a homer for the Lady Jags, while Farrah Nicholas struck out eight.
For photo highlights from the first three WFGS games, click here.
SOFTBALL
Tate 10, Navarre 0
Tori Perkins earned the win for Tate, striking out eight and allowing four hits in five innings. Casey McCracking had two runs, two RBIs; Perkins was 2-3 with an RBI; Rachel Wright was 2-4 with 3 RBIs; and Hayden Lindsay had a run and two RBIs for the Lady Aggies.
Tate is now 4-0, 3-0 in the district.
Photos by Gary Carnley for NorthEscambia.com, click to enlarge.
Royal Classic Winterguard and Percussion Competition Saturday In Jay
February 13, 2015
The Royal Classic Winterguard and Percussion Competition will be held Saturday at Jay High School.
The competition beings at 4:30 with scoring to be announced at 9:15. Admission is $10; full concessions will be available during the entire event.
Over 20 groups are scheduled to perform