Lawyers Argue Against Redrawing Districts Before Elections
July 18, 2014
It will be virtually impossible for lawmakers to redraw two congressional districts deemed unconstitutional by a Tallahassee judge before the Nov. 4 general election, lawyers for the Department of State, the Legislature and county elections supervisors argued in court Thursday.
Leon County Circuit Judge Terry Lewis did not decide how to move forward with his July 10 ruling that struck districts in Northeast and Central Florida but agreed to hold another hearing next week to listen to arguments from both sides.
There isn’t enough time to craft new districts because of state and federal deadlines related to mailing ballots for the Aug. 26 primary election and qualifying periods for the general election, the lawyers said.
“This is not an impending election. This election has begun. To undo that, or to cancel that, is both impossible and in no way governed or set forth by Florida statutes or the constitution,” George Meros, a lawyer representing the Legislature, told the judge during a 20-minute hearing Thursday morning.
But David King, a lawyer representing voting-rights groups that sued the state over the congressional map drawn up in 2012 by the GOP-controlled Legislature, argued that lawmakers should come up with a new plan.
“We’ve already had one election on an unconstitutional map in 2012,” King said.
Lewis ruled last week that lawmakers failed during the 2012 redistricting process to follow the anti-gerrymandering Fair Districts constitutional amendments, approved by voters in 2010. The amendments bar the Legislature from crafting districts that favor incumbents or political parties.
Lewis’ ruling targeted districts represented by Congresswoman Corrine Brown, a Jacksonville Democrat, and Congressman Daniel Webster, a Winter Garden Republican. Brown’s District 5, which winds its way from Jacksonville to Orlando, has been criticized for years as one of the worst examples of gerrymandering in the nation.
Redrawing the two districts targeted in Lewis’s ruling could affect some neighboring seats, especially those surrounding Webster’s District 10 seat.
House Speaker Will Weatherford, R-Wesley Chapel, and Senate President Don Gaetz, R-Niceville, surprised many Capitol insiders— including Lewis — when they announced earlier this week they would not appeal the judge’s ruling, if this year’s elections could take place as planned.
“Quite frankly when I issued my order I thought surely one side or the other would appeal. So it didn’t really occur to me to start thinking about what to do with the 2014 election,” Lewis said.
Siding with the state, elections supervisors’ lawyer Ron Labasky told the judge that officials have already mailed overseas ballots and received some voted ballots in return. And the first batch of absentee ballots is slated to be sent to voters next week, Labasky said.
“I’m not sure how we back up and allow somebody to vote again in a new district,” Labasky, general counsel for the Florida State Association of Supervisors of Elections, said. “Absent some very novel, creative plan on your part, we just don’t see how there’s any possible way … to have an election in newly created districts.”
But King took issue with the legislative leaders’ approach.
“It’s surprising that the Legislature would say on the one hand that you’re right … we accept the decision that this map is unconstitutional,” he said. “Now what we get is a salvo about how it’s so impossible to deal with it and there’s no effort to even consider trying to get this situation resolved before the 2014 election.”
King asked Lewis to schedule a hearing next week to “see if there’s a way we can’t deal with this so we can have an election in 2014 on a constitutional map.”
Gaetz and Weatherford proposed having lawmakers deal with a new map after the November elections. Holding a special session to deal with the map prior to that would create another “obstacle,” Lewis noted.
“There’s a lot of time constraints. If you called everybody real quick, it would still take a lot of time,” he said.
by Dara Kim, The News Service of Florida
Two Escambia Assisted Living Facility Bosses Arrested For Abuse And Neglect
July 18, 2014
Two Escambia County assisted living facility employees were arrested Thursday for abuse and neglect.
Attorney General Pam Bondi’s Medicaid Fraud Control Unit arrested Kipling Manor Administrator Belie Brock Williams and Assistant Administrator Adrienne Taylor.
Williams allegedly refused psychological nursing caregivers entrance into the Kipling Manor facility to assist mental health residents resulting in residents without care for two to three weeks. Taylor allegedly failed caregiver responsibilities to protect the residents from the abuse and did not ensure residents received prescribed nursing services. Investigators received information regarding the alleged abuse and neglect from the Northwest Florida Long Term Care Ombudsman Program Office.
Williams faces three counts of abuse and Taylor faces three counts of neglect, all third degree felonies. If convicted, they each could receive up to 15 years in prison and $15,000 in fines. This case will be prosecuted by the First Judicial Circuit Office of State Attorney Bill Eddins.
Williams was released from the Santa Rosa County Jail on a $30,000 bond, while Taylor was released from the Escambia County Jail on a $30,000 bond.
Algebra 1 EOC Offered Tuesday At Northview High School
July 18, 2014
The End of Course (EOC) Exam for Algebra 1 will be offered next Tuesday, July 22 at Northview High School.
Students who should attend should have received a letter or phone call to notify them about the test date.
The exam will begin promptly at 8 a.m. Students should report to the main office no later than 7:45 a.m. Parents can call Mr. Pippins or Mrs. Gruenwald with questions at (850) 327-6681 Monday between 7 a.m. and 5 p.m.
Scenic Highway Reopens
July 18, 2014
The Florida Department of Transportation (FDOT) completed the reconstruction of Scenic Highway south of Scenic Highway Circle in Escambia County Thursday and has opened the road to traffic.
The $1.2 million repair project south of Scenic Highway Circle began May 14 and included the reconstruction of the road, installation of new drainage features and culverts, installation of guard rail and the construction of a retaining wall. Over 7,000 dump truck loads of dirt were used to reconstruct the roadway and shoulders.
Heavy rains and flooding in the area in April 2014 caused damage to Scenic Highway in several locations, resulting in a partial or total collapse of portions of the roadway.
Drivers may encounter intermittent lane closures north of Scenic Highway Circle as crews continue to finish repairs.
Pictured top: Scenic Highway as seen Thursday afternoon. Pictured below: Scenic Highway during the week of July 7. Courtesy photos for NorthEscambia.com, click to enlarge.
Oak Grove Land Clearing Pit Permit Renewal On Hold
July 17, 2014
The renewal of land clearing disposal pit permit is on hold for a county-owned facility in Oak Grove, but for now it’s business as usual.
The 20 acre disposal area is on a 26 acre piece of property and operates as the Oak Grove Land Clearing Debris Disposal Pit next to the Oak Grove Convenience Center. The first permit for the facility was issued in 1996 and must be periodically renewed. The disposal pit is owned and operated by Escambia County for the purposes of county road and drainage maintenance activities.
The Escambia County Commission is considering a six-month moratorium and permitting or permit renewals for borrow pits, borrow pit reclamation facilities, construction and demolition debris facilities, and land clearing disposal facilities. A final decision on the temporary moratorium will come after public hearings set for commission meeting on July 24 and August 21.
The push for the moratorium has come from residents of the southern half of the county that live near several pits. Before approving the moratorium the commission approved an expansion of the existing Shortleaf borrow pit on Longleaf Drive, with Commissioners Steven Barry and Lumon May voting against..
The current permit for the Oak Grove Land Clearing Debris Disposal Pit does not expire until July 9, 2015. The commission tolled, or essentially froze, the permit renewal, allowing the facility to continue to operate as normal until the moratorium issue is settled.
The moratorium has no impact on the adjacent Oak Grove Convenience Center at which area residents dump their own solid waste for transfer to the Perdido Landfill.
Atmore’s Tiger-Sul Expands With Employee Designed Rail Tank System
July 17, 2014
H.J. Baker’s Tiger-Sul Products in Atmore has developed and built a new molten sulphur unloading system which increases capacity on their dedicated rail spur.
The employee designed initiative built a molten sulphur unloading manifold system the length of the spur, which allows for increased capacity, increased safety and decreased service time of the rail cars. This, in addition to the recent installation of a 1,500 ton molten sulphur storage tank and heating pumping system dramatically increases the production efficiency of the Atmore facility.
“We have seen a dramatic increase in demand for our sulphur bentonite fertilizer products in the domestic southeast, especially Florida. As the sulphur market grows, we want to ensure we are able to meet current customer needs and that we are in the best possible position to meet the needs of our customers in the future. The added capacity on the rail spur is another example of our continued commitment to deliver outstanding products and superior customer service,” said H.J. Baker Fertilizer Group President Don Cherry.
Appeals Court; Convicted Felon Could Use ‘Stand Your Ground’
July 17, 2014
An appeals court Wednesday said a convicted felon could use the state’s “stand your ground” self-defense law to seek immunity from prosecution in the shooting of another man.
The decision by the 4th District Court of Appeal came as the Florida Supreme Court prepares to consider whether felons — who are barred from possessing guns — can use “stand your ground.”
Wednesday’s decision, which was issued by the full appeals court, stemmed from a Palm Beach County case in which convicted felon Harvey Hill was charged with aggravated battery with a firearm. Hill said he fired a gun in self-defense during an altercation with two other men on his front porch. One of the other men was shot in the stomach.
Part of the “stand your ground” law says that a person “who is not engaged in an unlawful activity” can use deadly force if attacked.
An earlier ruling by the 4th District Court of Appeal in the Hill case found that he was barred from using a “stand your ground” defense because he was engaged in an unlawful activity by possessing a gun as a convicted felon. But Wednesday’s decision by the full appeals court pointed to another part of the “stand your ground” law.
Under that part, the court said, “a defendant engaged in an unlawful activity is not necessarily disqualified from seeking self-defense immunity.” It sent the case back to a lower court to determine if Hill was justified in using deadly force under the law.
The Supreme Court early this month said it would consider the issue, which also has emerged in cases in other parts of the state.
by The News Service of Florida
List Of PSC Applicants To Be Whittled; Escambia’s Murzin Among The Hopefuls
July 17, 2014
A state panel will meet July 31 to decide which candidates to interview for two spots on the Florida Public Service Commission.
The terms of commissioners Eduardo Balbis and Julie Brown expire in January, which will lead to Gov. Rick Scott making appointments later this year. Brown is seeking another four-year term on the commission that regulates utilities, while Balbis did not re-apply.
The Florida Public Service Commission Nominating Council, which makes recommendations to Scott, is considering a list of 32 applicants, including state Rep. Jimmy Patronis, R-Panama City, and former Rep. Dave Murzin, R-Pensacola. Murzin now works as an aide to state Sen. Greg Evers, R-Baker.
The council will meet July 31 in Orlando to designate a list of the “most qualified” applicants that it will interview, according to a notice released Monday.
The News Service of Florida contributed to this report.
Pictured: Dave Murzin.
Fall Tryouts Set For West Florida Elite Softball
July 17, 2014
Fall tryouts are coming up soon for West Florida Elite softball.
West Florida Elite was established in 2003 with a mission to assist female athletes in the development of their softball skills to prepare them for a future as a college student athlete. The organization has had over 100 players play at the collegiate level and is recognized as one of the top softball organizations in the Gulf Coast Region.
Their goal is to provide athletes an opportunity to compete at the highest level possible by playing the most competitive tournaments throughout the southeast. The 2014 West Florida Elite class had 18 players sign a National Letter of Intent to play at the next level.
Tryouts for 12U and 14U will be held Saturday, July 26 at Tate High School. Tryouts for 10U, 16U and 18U will be held August 9 and 10 at Tate.
For more information and a registration form, click here.
Century Camp Fire Kids Get ‘Wild & Wise’
July 17, 2014
The Camp Fire USA Century Youth Learning Center’s “Wild & Wise Day Camp” recently paid a visit to the Turtle Point Science Center in Flomaton. The students were able to get up close and personal with several animals, including snakes. Courtesy photos for NorthEscambia.com, click to enlarge.
