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
Peanut Butter Drive Takes A Bite Of Hunger
December 30, 2014
UF/IFAS Santa Rosa County Extension collected 2,259 pounds of peanut butter in 1,477 jars to donate to food pantries in Santa Rosa County during a recent food drive.
Collections for the Peanut Butter Challenge came from civic and faith-based organizations, local businesses, individuals, schools and all county offices including libraries.
Recipients of the peanut butter were Bay Area Food Bank, Family Resource of Santa Rosa County and the food pantries at Eastside Baptist Church, First Baptist Milton, Avalon Baptist, First Baptist Bagdad, First United Methodist Church Milton and Christ United Methodist Church.
Entities and businesses that donated peanut butter or served as collection points were Santa Rosa County, the City of Milton, all five county libraries, Navy Federal Credit Union, 4-H Advisory Council, St. Mary’s Episcopal Church, Aktion Club at ARC Santa Rosa, Jay Elementary and High School, Central High School, Lowe’s in Pace and Gulf Breeze, Pace Rotary Club, West Florida Research and Education Center, Sam’s Club, Walmart, Winn-Dixie, and United Bank in Jay, Pace and Milton.
The Peanut Butter Challenge is an annual project of UF/IFAS Extension in the Florida panhandle and the Florida Peanut Producers Association. All county Extension offices in the panhandle collect donations of peanut butter to help fill the needs of the hungry in our area. In addition, the Florida Peanut Producers Association donates a pallet of peanut butter that is divided amongst the counties in the panhandle.
2014 In Photos: April
December 30, 2014
We are looking back at the top events of 2014 in photos. Today, we are featuring photos from April.
At the end of April, a massive flood hit Escambia County. Rain fell so fast it literally flooded the I-10 bridge over Escambia Bay.
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The April flood claimed one life in Cantonment.
Numerous roads and bridges were destroyed in April’s flooding.
The Tate High School Lady Aggies won the District 1-7A championship in April.
The Molino Library celebrated one year of service.
Opening day was held at the Northwest Escambia park.
A program at the Century Branch Library celebrated Easter.
Students at Molino Park Elementary School took part in an Easter egg hunt.
Northview High School won the Escambia Academy Junior Varsity Tournament.
The Jay Lady Royals won the District 3-1A championship.
Six people were injured in a wreck at Highway 29 and Highway 97 in Molino.
The 2014 Career Academy Award winners from Escambia and Santa Rosa counties were recently presented, including the Middle School Career Academy of the Year award to Ernest Ward Middle School’s Culinary Arts Academy and the High School Career Academy of the Year award to West Florida High School’s Agriscience Technology Academy.
NJROTC units from across the area took part in a flag football tournament.
A sign of Spring — Mockingbird eggs in a nest at our NorthEscambia.com office.
A driver literally wrapped his pickup around a pole in Beulah crash.
The Greater Escambia Relay at Tate High School exceeded fundraising expectations.
A Relay for Life event was also held in Atmore.
A Pensacola woman escaped serious injuries in a collision with a train on a foggy April morning.
Escambia River Electric Cooperative celebrated 75 years of service during their annual meeting at Northview High School.
Jim Allen Elementary students learned about butterflies in partnership with International Paper.
The Barrineau Park Historical Society held the First Annual Barrineau Park Heritage & Bluegrass Festival.
The Tate Aggies finished as runner-ups in District 1-3A Tuesday, giving them a chance to move on to the regional tournament.
A Relay for Life event was also held in Jay.
The Northview Lady Chiefs ended their season with a win over Escambia Academy.
NorthEscambia.com photos, click to enlarge.
County Forester To Distribute Free Longleaf Pine Tree Seedlings
December 30, 2014
Mark your calendar for a free Arbor Day giveaway next month.
The Florida Forest Service will sponsor two Arbor Day events on Wednesday, January 14, 2015. New Escambia County Forester Cathy Hardin will distribute free longleaf pine seedlings at the Walnut Hill Substation in the morning and at the Century Chamber of Commerce in the afternoon. Information will be available on services provided by the county forester and the Florida Forest Service for private landowners.
From 9:30 to 11:30 a.m., the Hardin will be in Walnut Hill at the UF-IFAS substation located at 7850 Highway 97, just north of Ernest Ward Middle School and in front of the Ruritanbuilding. Hardin will be at the Century Chamber of Commerce from 1 to 3 p.m. at 7811 North Century Boulevard.
In addition to tree seedlings, there will be brochures on services for both urban and rural land owners including the current cogon grass treatment program.
Escambia Rebounds For Overtime Win Over Northview
December 30, 2014
The Escambia Gators came back from a 14-point deficit at halftime to beat the Northview Chiefs in overtime 73-65 Monday night in the first game o the Tate High School Christmas tournament.
Northview was led by Eric Williams with 22. Camerson Newsome and Tydre Bradley.
The Tate Aggies had a first round bye Monday in the tournament.
On Tuesday:
- Pace vs. West Florida, 3 p.m.
- Northview vs. Pine Forest, 4:30 p.m.
- Escambia vs. Archer, 6 p.m.
- Tate vs. Jupiter, 7:30 p.m.
Vehicle Fire Under Investigation
December 29, 2014
An early morning vehicle fire in Cantonment is under investigation.
The vehicle was mostly burned out when firefighters arrived on scene about 1:45 a.m. near Muscogee Road and Webb Street. First responders were unable to locate the vehicle’s owner. The Cantonment Station of Escambia Fire Rescue and the Escambia County Sheriff’s Offfice responded to the blaze.
NorthEscambia.com photos by Kristi Price, click to enlarge.
Florida’s Minimum Wage Increases
December 29, 2014
Florida’s lowest-paid workers received a raise as the New Year began.
The automatic increase of 12 cents an hour, recalculated by law each year based on the federal Consumer Price Index, will increase the state minimum wage to $8.05 in January, up from $7.93. Voters in 2004 approved a constitutional amendment aimed at annual minimum-wage hikes.
The upcoming increase will also boost the minimum wage for tipped employees from $4.91 an hour to $5.03.
The $8.05 rate — after the increases amounting to $4.80 per 40-hour work week and $249.60 a year — keeps Florida ahead of the federal minimum wage of $7.25, which has been in place since July 2009.
Judge Orders State Response Today On Same-Sex Marriage Licenses
December 29, 2014
A federal judge has ordered the state to respond by today in an increasingly heated legal debate about whether Florida county clerks should begin issuing marriage licenses to same-sex couples on Jan. 6.
U.S. District Judge Robert Hinkle, who in August ruled that the state’s ban on same-sex marriages was unconstitutional, issued a four-page order requiring legal filings from the secretary of the Florida Department of Management Services, a defendant in the case. A stay on Hinkle’s August ruling will expire at the end of the day Jan. 5 — prompting gay-marriage supporters to argue that same-sex couples should be able to start receiving marriage licenses throughout Florida the following day.
Hinkle’s order was prompted by an emergency motion filed by an attorney for Washington County clerk of court Lora Bell. Washington County, which is north of Panama City in the Panhandle, is home to Stephen Schlairet and Ozzie Russ, a same-sex couple named as plaintiffs in the challenge to the gay-marriage ban.
The clerk’s emergency motion said she would comply with Hinkle’s August ruling and issue a marriage license to Schlairet and Russ on Jan. 6. But it sought clarification about whether she also would be required to issue licenses to other gay couples who might apply.
That question, at least in part, stemmed from a legal memo issued last week by the Florida Court Clerks & Comptrollers 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.
Hinkle ordered the state to respond to the Washington County clerk’s motion for clarification. He also required that the response “explicitly set out the secretary’s position” on whether part of his August ruling “binds a Florida clerk of court.”
That part of the ruling, which was an injunction against the same-sex marriage ban, includes a section that says it “binds the secretary (of the Department of Management Services), the (state) surgeon general and their officers, agents, servants, employees, and attorneys — and others in active concert or participation with any of them.”
Two gay-rights groups sent a legal memo to court clerks focusing heavily on that same part of Hinkle’s August ruling. The memo contends that 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, the memo contends that Hinkle’s ruling should apply to clerks throughout the state and should not be limited to the named plaintiffs Schlairet and Russ.
“In sum … all Florida county clerks are required to cease enforcing Florida’s unconstitutional laws excluding same-sex couples from marriage,” said the memo from the group Equality Florida and the National Center for Lesbian Rights. “Indeed, county clerks and their employees could be subject to personal liability for damages if they continue to enforce Florida’s unconstitutional marriage laws.”
Hinkle also ordered the state to submit by Monday a “copy of each paper” it filed in the 11th U.S. Circuit Court of Appeals and the U.S. Supreme Court as it sought unsuccessfully to extend the stay beyond Jan. 5. The Supreme Court rejected an extension last week.
Attorneys for gay-rights groups and the Florida Court Clerks & Comptrollers have battled back and forth about how broadly Hinkle’s ruling should be applied. In the middle are county clerks, who have been warned by attorneys for the Florida Court Clerks & Comptrollers that they could face prosecution if they issue marriage licenses to same-sex couples other than the plaintiffs in the case.
“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 Florida Court Clerks & Comptrollers. “Clerks are subject to Florida’s criminal penalties for the issuance of marriage licenses to same-sex couples.”
But in their memo, the gay-rights groups disputed the possibility that clerks would be prosecuted if they issued marriage licenses to same-sex couples.
“Clerks who have good-faith belief that they are bound by or may follow Judge Hinkle’s ruling do not face a realistic possibility of criminal liability for following that ruling,” the memo said.
by Jim Saunders, The News Service of Florida
Molino Man Charged With Burglarizing Father’s Home
December 29, 2014
A Molino man has been charged with multiple felonies for allegedly stealing TV’s and a chainsaw from his father’s home in Walnut Hill.
Jeremy Clint Hatfield, 24, was charged with unarmed burglary of an unoccupied dwelling, unarmed burglary of an occupied structure, grand theft and trespassing after a warning.
The victim told Escambia County Sheriff’s deputies that he had spent several days and nights at a Pensacola hospital with his sick wife. When he returned to his West Highway 4 home just before Christmas, he discovered three televisions missing from inside the home and a chainsaw missing from an outside shed.
The victim told deputies that he suspected the items were taken by his son because he had a key to the home and knew he was gone. The victim said the pair has a bad relationship, with the son was kicked out of the home, trespassed warned by deputies and accused of a previous burglary at the home.
Deputies found Hatfield at a female’s resident in Highway 99, along with one of the TV’s. They also were able to recover a second of the stolen TV’s that had been sold, according to an arrest report.
Hatfield remained in the Escambia County Jail Monday with bond set at $7,500.