More Medical Marijuana Delays?
December 31, 2014
Lawmakers will have to sign off on a new rule to kick-start the state’s nascent medical marijuana industry, meaning another likely delay in the law that was supposed to take full effect Thursday.
Office of Compassionate Use Director Patricia Nelson, who took over the state Department of Health post earlier this month, told an audience gathered for a workshop Tuesday in Orlando that the rule would require the Legislature’s blessing because costs associated with the new law are growing.
To be eligible for one of five state licenses to grow, process and distribute strains of non-euphoric marijuana, nurseries will likely have to make significant investments in “high-ticket” items like analytical equipment, expert consultants, security operations and procuring the $5 million performance bonds required in the law, Nelson said.
Nelson told nursery owners, investors and lobbyists gathered for the meeting that she needed estimates from them to calculate the anticipated impact of the rule. Florida law requires the Legislature to ratify rules that cost in excess of $1 million over five years. Nelson said she anticipates that the combined costs for businesses to operate the cannabis industry and for the state to regulate it would exceed $1 million over five years, triggering ratification.
“We have to have that before these rules will be effective. That requires an actual bill. It’s not something that can be done by committee. That bill has to be passed by both chambers and then signed by the governor,” Nelson said.
Nelson did not say when proposed rule language would be released but said that “it won’t be long” because she wanted to have the rule ready to be implemented by the time the legislative session begins March 3.
“I assume 100 percent that it’s going to be required because of the costs that are going to be associated with these rules,” she said. “If we can’t finish this by the time the Legislature gets in town, then we’re pushing it back a whole ‘nother year.”
Under the law passed by the Legislature and signed by Gov. Rick Scott, doctors on Jan. 1 were supposed to begin ordering strains of cannabis that are low in euphoria-inducing tetrahydrocannabinol, or THC, and high in cannabadiol, or CBD , for patients who suffer from severe spasms or cancer. But, siding with a group of nurseries and other businesses that launched a legal challenge, an administrative law judge in November struck down the health department’s first stab at a regulatory structure, prompting Tuesday’s workshop, the fourth public meeting on the issue since the law was passed.
Administrative Law Judge W. David Watkins agreed with Miami-based Costa Farms and others that objected to the Department of Health’s proposed use of a lottery to pick the licensees.
Watkins also rejected a portion of the proposal that limited applicants to dispensing the substance, usually delivered in a paste or oil form, from the same location where it is grown and processed instead of allowing dispensing organizations to distribute the product from separate retail locations.
Nursery operator Anthony Ardizzone on Tuesday complained about Nelson’s decision to hold another workshop and her failure to provide a draft rule although Watkins laid out the parameters for the regulation in his 71-page order last month.
“It seems like we listen to the same thing over and over again and accomplish not much of anything. I really would like to get this done … but it just seems like we can’t get there,” Ardizzone said.
But Nelson ordered the workshop “to address problems that still exist,” she said.
“If we had come to you with a draft and said here are our rules, how would that have looked at that workshop?” Nelson said.
“I think it would have given us something to talk about,” Ardizzone replied.
“Half of you would have said that. Half of you would have said, ‘They already know what they’re going to do. What are they even having workshops for?’ ” she said. “We’re trying to cut a middle ground. We want to write great rules. We’d like to at the same time to have great public perception of our process. … If we skipped to rules and didn’t go through the rule-making process, first of all it wouldn’t be legal, but second of all, people would wonder who we’re consulting? Who’s writing these rules? Who’s helping them because they clearly couldn’t do this before, how can they do it now?”
Several speakers urged Nelson to allow operators to have multiple retail locations instead of a dispensing site located on the same premises as the nursery, as the original rule required but which Watkins said was not authorized by the statute.
“I understand that we now have an order that says we can do all of these things but I am telling you from the perspective of an expert in Florida administrative law certified by the Florida Bar, and I’ve done this for a long time, I would never in a million years have told you that a judge would have said that the phrase ‘reasonable accessibility and availability’ could be interpreted this broadly to allow us this much. Never. But he has. So we have that now,” she said. “We’re in a no-win situation. What we’re trying to do right now is do this as quickly as possible.”
State Rep. Matt Gaetz, a Fort Walton Beach Republican who attended Tuesday’s meeting and who was instrumental in getting the legislation passed during the 2014 session, said he was unconvinced that the rule would require legislative approval.
Even so, ratification may not create a substantial delay, Gaetz said. Because Florida’s low-THC law is unlike any other state’s medical marijuana laws, health officials don’t have a template to borrow when crafting the rule.
“We have to create a uniquely Floridian solution. And we’ll get there,” Gaetz said. “I put a Jan. 1 deadline into the bill because I’m sensitive to the desperation of vulnerable people who need access to cannabis. But these are complex issues and at times it’s better to get it right then to just get it done for the sake of getting it done. I don’t think anyone’s stonewalling. I don’t think anyone’s intentionally delaying. … It’s just not something that’s really comparable to the normal administrative rigmarole.”
by Dara Kam, The News Service of Florida
Tate, Northview Lose In Tate Christmas Tournament
December 31, 2014
The Tate Aggies lost to Jupiter in the Tate Christmas Tournament Tuesday night.
Christian Cass led Tate with 13, Michael Roberts added 12, while Jordan Watkins had 9 and Zach Phalen and Jake Henry had 7 each for the Aggies.
Here are the tournament results so far, along with Wednesday’s schedule:
Monday’s Results
- Escambia 73, Northview 65 (OT)
- Jupiter 55, West Florida 42
- Archer 68, Pine Forest 47
Tuesday’s Results
- Pine Forest 67, Northview 56
- Archer 65, Escambia 31
- Pensacola High 45, West Florida 31
- Jupiter 53, Tate 48
Wednesday’s schedule
- Pace vs. Northview - 3 p.m.
- Pine Forest vs. Pace – 4:30 p.m.
- Escambia vs. Tate – 6 p.m.
- Archer vs. Jupiter - 7:30 p.m.
2014 In Photos: May
December 31, 2014
We are looking back at the top events of 2014 in photos. Today, we are featuring photos from May.
Two people were killed and nearly 200 were injured in an explosion at the Escambia County Central Booking and Detention Facility.
Over 2,000 homes and businesses were damaged by flooding. One of the hardest hit areas was the Bristol Park Subdivision.
Gov. Rick Scott and local officials toured flood damage.
The West Florida Lady Jaguars won the 4A state championship in almost impossible grand style. The Lady Jags were down 5-1 with two outs in the seventh, before coming back to beat P. K. Yonge 6-5 in Vero Beach.
Northview High School presented “Shrek The Musical”.
The 40th annual Pen Wheels disabled fishing rodeo was held in Walnut Hill, a project of the Pensacola Fiesta of Five Flags organization.
Warm weather made for a great Field Day at Molino Park Elementary School.
Six people, including two children, were rescued from the flooded Perdido River at Barrineau Park.
The Northview Chiefs outscored the Jay Royals a total of 50-21 during a Spring Jamboree Friday night at Merle North Stadium in Jay.
The Tate High School Concert Bands presented their Spring Concert at Hillcrest Baptist Church.
Fire destroyed the Mt. Carmel United Methodist Church north of Jay.
The Ernest Ward Middle School Chorus and Band held their Spring Concert on the front lawn of the school.
Dozens of performers delighted hundreds of people Saturday night during the 19th annual Heather Leonard Danceworks recital at Northview High School.
Young mocking birds hatched in May at our NorthEscambia.com office.
The track and field portion of the Escambia County Specials Olympics was held at Tate High School after numerous rain delays.
A portion of Highway 97 in Walnut Hill collapsed in an existing 50-foot deep gully.
An afternoon of heavy rain across the North Escambia area gave way to a beautiful sunset above wheat fields in Walnut Hill.
Nearly 5,000 Escambia County residents had applied for FEMA flood aid by the middle of May.
Over 30,000 pounds of food was distributed in Cantonment to hundreds of families in need following the flooding in Escambia County from the non-profit group Farm Share.
About 200 people gathered in Atmore for a Memorial Day service to recognize those that have served and paid the ultimate sacrifice from Atmore, Walnut Hill, Bratt and surrounding areas.
The Niceville Eagles upended the Tate Aggies 21-13 in a two-quarter spring football jamboree at Pete Gindl Stadium in Cantonment.
Northview High School named the Class of 2014’s honor graduates.
Noah James Heintz was named the Class of 2014 valedictorian, while Eion Michael Blanchard was named salutatorian for the Tate High School Class of 2014.
NorthEscambia.com photos, click to enlarge.
Lawsuit Against Florida School Voucher Expansion Thrown Out
December 31, 2014
A challenge to this year’s expansion of the state’s de facto school-voucher program was thrown out of court for a second time Tuesday, likely ending one of two legal threats to the system.
Leon County Chief Circuit Judge Charles Francis dismissed the lawsuit “with prejudice,” which essentially bars the suit from being filed again. The challenge, backed by the Florida Education Association, was seeking to reverse a 2014 law that packed together an expansion of eligibility for the voucher program with several other education measures.
Francis had ruled in September that the plaintiff in the lawsuit, East Lee County High School teacher Tom Faasse, didn’t have the legal right to file suit against the law unless Faasse could prove that the law specifically hurt him. But Francis gave Faasse a chance to file a new version of the lawsuit, the one that was rejected Tuesday.
“In order to sustain standing, the plaintiffs are required to allege sufficient facts to support a finding of special injury,” Francis wrote. “As currently pled, the amendment complaint for declaratory judgment also fails to allege a legally sufficient basis to sustain a finding of special injury and the court is of the opinion that further amendments to the complaint will not result in a legally sufficient complaint.”
Francis rebuffed claims by Faasse and two parents who joined the new lawsuit that the expansion of the Tax Credit Scholarship Program hurt them because it could lead to reduced funding for their schools. The program provides tax credits to companies that donate money to nonprofit entities that pay for children to go to private schools.
“We are pleased that Chief Judge Francis granted our office’s motion and upheld the law,” Attorney General Pam Bondi said in a brief statement issued by her office.
The Florida Education Association did not immediately comment on Francis’ action.
In the original lawsuit, Faasse contended that because the legislation at the center of the suit dealt with spending decisions, it could be challenged under the Florida Constitution’s requirement that each bill deals with a single subject.
But Francis sided with the state, which argued that, to fall under the constitutional provision, a lawsuit had to challenge a bill based on a constitutional limit on how the Legislature spends money. Francis said Faasse couldn’t sue just because the law he was challenging had an impact on the budget.
Francis’ rulings don’t affect a separate, broader challenge to the voucher program. That lawsuit, filed in August, draws on a 2006 ruling from the Florida Supreme Court that held the state’s Opportunity Scholarship Program unconstitutional. That program was a purer version of a voucher system, using public money directly to fund private education for some students.
Canceled: 100-Acre Burn Today At Ransom Middle School
December 31, 2014
The burn planned for today has been canceled due to weather conditions, according to the Florida Department of Forestry.
The Florida Forest Service, in conjunction with Ransom Middle School and the Escambia County School Board, is planning a 100-acre prescribed burn for this morning.
After a recent wildfire caused smoke issues near the Cantonment school, the plan is to conduct a burn on county-owned property in order to reduce the risk of future wildfires, eliminate potential smoke issues and allow the school board to better utilize the field adjacent to the school.
“We’ve had two fires there in the past year,” said Adam Parden, the FFS’s Forest Area supervisor for Escambia County. “This will help eliminate future fires and let the school be able to put their field back in working order.”
The field is overgrown with weeds and grass and Forest Service crews already have established fire breaks around the perimeter. With school out of session for the holidays and rain forecast for the weekend, the next two weeks provide an ideal window for this operation. Given the light fuel load of the area, the burn should only take a few hours and smoke is not expected to linger in the area afterward.
The operation is part of the Forest Service’s wildfire mitigation program and will help protect more than $30 million in structures including Ransom Middle School’s facilities.
NorthEscambia.com file photo, click to enlarge.
Silver Alert Canceled For Escambia County Man
December 30, 2014
UPDATE: THIS SILVER ALERT HAS BEEN CANCELED.
A Florida Silver Alert has been issued for a missing Escambia County man.
Gary Nickerson, 68, was last seen in Milton and is missing from the Broyhill Lane area of Escambia County. He was last seen waring jeans, a light blue shirt, a black zip-up jacket, a gray shoe on his left foot and a cast on his right foot. He may be traveling in a 2002 silver Nissan pickup truck with Florida tag number I704BP.
Anyone with information on his whereabouts should contact the Escambia County Sheriff’s Office at (850) 436-9620 or call 911.
A “Silver Alert” is an alert for missing seniors similar to an “Amber Alert” issued for missing children.
Cantonment Man Charged With String Of Thefts From Vending Machines
December 30, 2014
The Escambia County Sheriff’s Office has solved a rash of vending machine burglaries across the county with the arrest of a Cantonment man.
Christopher Brian Gentry, 44, was charged with multiple counts of larceny and criminal mischief property damage for the alleged crimes. Gentry remained in the Escambia County Jail early Tuesday morning with bond set at $39,000.
According to arrest reports, Gentry’s haul was small at some machines, such as $46 from a Coca-Cola machine located outside U-Haul on North Davis Highway and about $50 from a Coca-Cola vending machine outside Thompson Caterpillar on West Nine Mile Road.
Gentry was reportedly caught on camera as he attempted to pry open a Coca-Cola vending machine outside A-1 Small Engines in the 700 block of South Highway 29. He removed items from machine, despite the fact that he was seemingly aware of the video camera, according to an Escambia County Sheriff’s Office report.
Gentry was also charged with a residential burglary at the home of an acquaintance.
Local Rep. Files Bill That Would Place New Requirement On Abortion Doctors
December 30, 2014
A Northwest Florida lawmaker filed a proposal Monday that would require doctors who perform abortions to have admitting privileges at nearby hospitals.
The proposal foled by Rep. Mike Hill, R-Pensacola Beach, is similar to measures that have spurred political and legal battles in other states. It would require physicians who perform abortions to have admitting privileges at hospitals 30 miles or less from where the abortions take place.
Supporters have argued such proposals help ensure patient safety, while critics contend the requirements are designed to make it harder to provide abortions.
Few New Laws Come In With New Year
December 30, 2014
Some children could travel with more protection in 2015 as a new law about child car seats takes effect Thursday.
Overall, the start of 2015 will be quiet for new laws in Florida. Lawmakers sent 255 bills to Gov. Rick Scott after passage during the 2014 legislative session, but only three take effect Thursday. The majority of the new laws, 158 of them, went into place July 1.
Florida residents and businesses, however, will see other changes with the start of the new year. As an example, the state’s minimum wage will increase from $7.93 to $8.05 an hour, thanks to a 2004 constitutional amendment that leads to annual adjustments. Also, employers will see an overall 5.2 percent decrease in workers-compensation insurance rates.
The new law getting the most attention this week will require children through age 5 to be placed in car seats or booster seats while riding in vehicles. Currently, children ages 3 and younger are required to ride in the child-restraint devices, while children ages 4 and 5 can use seat belts, according to a House bill analysis.
AAA Auto Club supported the change, although the organization recommends that booster seats continue to be used until children reach 4 feet 9 inches tall.
“The American Academy of Pediatrics recommends the use of a 5-point harness until the child is 40 lbs,” AAA spokeswoman Karen Morgan said in a release. “Age should not be a determining factor.”
People charged with violating the law (HB 225) face $60 fines and three points on their driver’s licenses. The law includes exceptions such as when a driver is unpaid and is not a member or a child’s immediate family or when a child is being transported because of a medical emergency.
Another new law (SB 404) set new rules for geologists. The measure includes requirements for registering as what is known as a “geologist in training.” That would include taking part of the exam for licensure as a professional geologist and meeting educational requirements.
The third new law (HB 343) involves a $1 surcharge on the use of car-sharing services. That will be instead of the state’s $2-a-day rental-car surcharge. The $1 surcharge will apply when a member of a car-sharing service uses a vehicle for less than 24 hours, according to a House staff analysis.
by Jim Turner, The News Service of Florida
State Points To Possible Clarification Of Gay Marriage Ruling
December 30, 2014
In a battle about whether county clerks throughout Florida should start issuing marriage licenses to same-sex couples, Attorney General Pam Bondi’s office late Monday tossed the issue back to a federal judge who ruled in August that the state’s ban on gay marriage is unconstitutional.
U.S. District Judge Robert Hinkle last week ordered the state to respond to an emergency motion filed by the Washington County clerk of courts, who sought guidance about the scope of the August ruling.
But in a carefully worded, five-page document filed late Monday, state Solicitor General Allen Winsor and Chief Deputy Solicitor General Adam Tanenbaum wrote that Hinkle could resolve the issue with more specific direction.
“This court is best situated to determine the reach of its own order,” the response said. “If the court intends for (a key part of the August order) to bind a Florida clerk of court (or all Florida clerks of court), additional specificity may be appropriate to place any such clerk on proper notice.”
But earlier Monday, plaintiffs’ attorneys argued in a court document that clerks throughout the state are bound by Hinkle’s ruling on the constitutionality of the same-sex marriage ban and should start issuing marriage licenses to gay couples next week.
Though Hinkle issued his closely watched ruling four months ago, he placed a stay on the decision amid legal appeals. That stay will expire at the end of the day Jan. 5, opening the door for same-sex marriages to start the following day.
Plaintiffs’ attorneys focused Monday on part of Hinkle’s ruling that said it binds the secretary of the Florida Department of Management Services, state Surgeon General John Armstrong and “their officers, agents, servants, employees, and attorneys — and others in active concert or participation with any of them.”
The plaintiffs argued that county court clerks work in concert with the Department of Health, which is headed by the surgeon general and is in charge of marriage forms and records. As a result, they said Hinkle’s ruling should apply to clerks throughout the state.
“Thus, the clerks of court are agents or at least in active concert with defendant Armstrong,” said the document, filed by Jacksonville attorney William Sheppard, who is helping lead a legal team in the case. “As agents or other persons in active concert with defendant Armstrong, they are bound by … this court’s order.”
But in the response filed late Monday, attorneys from Bondi’s office disputed that argument.
“A clerk is not in privity with the DMS (the Department of Management Services) and Health secretaries, represented by them, or subject to their control,” the response said. “Instead, a Florida clerk of court is an independent constitutional officer.”
The legal wrangling came after attorneys for the Florida Court Clerks & Comptrollers this month issued a memo that said Hinkle’s August ruling only applied to the named plaintiffs in the case and not to other same-sex couples in the state. It also warned clerks that they could face prosecution if they issued marriage licenses to gay couples.
“We remain of the opinion that clerks of court who were not parties to the Northern District case (finding the ban unconstitutional) are not bound by Judge Hinkle’s order — or protected by it,” said a Dec. 15 legal memo from attorneys for the group. “Clerks are subject to Florida’s criminal penalties for the issuance of marriage licenses to same-sex couples.”
The Washington County clerk, Lora Bell, has made clear she will comply with Hinkle’s ruling and issue a marriage license to Washington County residents Stephen Schlairet and Ozzie Russ, a same-sex couple named as plaintiffs in the lawsuit. But after the Florida Court Clerks & Comptrollers memo, Bell’s attorney asked for clarification about whether she would need to issue licenses to other gay couples who might apply.
The clerk’s emergency motion added fuel to a debate that already had been building about the memo from the Florida Court Clerks & Comptrollers.
In the document filed Monday, the plaintiffs’ attorneys took on the arguments in the memo. As an example, they disputed that clerks could be prosecuted for issuing marriage licenses to same-sex couples.
“Even if the clerks theoretically could be prosecuted … they could assert the unconstitutionality of the ban as a defense,” the document said. “Moreover, any convictions under this statute would be vacated in light of this court’s (Hinkle’s) order
by Jim Saunders, The News Service of Florida