Supreme Court Allows Florida Pot Vote To Move Forward
January 28, 2014
A narrowly divided Florida Supreme Court paved the way for state voters to decide whether doctors should be allowed to prescribe marijuana as a treatment for some conditions.
By a 4-3 margin, the court ruled that the summary of a constitutional amendment that voters will see at the polls isn’t deceptive, swatting away arguments from Attorney General Pam Bondi and legislative leaders that the proposal is actually far broader than the summary lets on.
“We conclude that the ballot title and summary fairly inform voters of the chief purpose of the amendment and will not mislead voters, who will be able to cast an intelligent and informed ballot as to whether they want a provision in the state constitution authorizing the medical use of marijuana, as determined by a licensed Florida physician, under Florida law,” the majority wrote in a joint opinion.
Joining the majority were Justices R. Fred Lewis, Barbara Pariente, James E.C. Perry and Peggy Quince. Chief Justice Ricky Polston dissented, along with Justices Charles Canady and Jorge Labarga, who normally votes with the other four justices.
The battle largely turned on whether two phrases would give voters the wrong view of the amendment.
First, while the ballot language says that people with “debilitating diseases” would be eligible to get pharmacological pot, the amendment would allow a doctor to prescribe marijuana to a patient with “a debilitating medical condition.”
Some opponents also argue that a section of the summary saying the amendment “[d]oes not authorize violations of federal law” might wrongly lead voters to believe that federal government allows marijuana use for medicinal purposes.
In a dissent, Chief Justice Ricky Polston said the ruling “will result in Floridians voting on a constitutional amendment in disguise.” He said the amendment would allow a far wider use of pot than the ballot suggests.
“For example, despite what the title and summary convey to voters, minor aches and pains, stress, insomnia, or fear of an upcoming flight could qualify for the medical use of marijuana under the text of the amendment,” Polston wrote. “This is seriously misleading.”
The ruling followed news Friday that People United for Medical Marijuana, the group pushing the amendment, had gathered enough signatures statewide and in the required 14 congressional districts to place the initiative on the ballot.
Democrats, who are expected to benefit from increased turnout of young and socially liberal voters, applauded the ruling.
“We need to quit devoting government resources to meddling in the lives of people who are suffering and focus our resources on making life better and more productive for the citizens of Florida,” said George Sheldon, a Democratic candidate for attorney general.
Republicans blasted the ruling.
“Make no mistake: this is not about compassionate medical marijuana,” said House Speaker Will Weatherford, R-Wesley Chapel. “This is about the Coloradofication of Florida, where the end game is a pot shop on every street corner.”
In a statement issued by his office, Gov. Rick Scott took a more measured approach.
“I have a great deal of empathy for people battling difficult diseases and I understand arguments in favor of this initiative,” Scott said. “But, having seen the terrible affects of alcohol and drug abuse first-hand, I cannot endorse sending Florida down this path and I would personally vote against it.”
by Brandon Larrabee, The News Service of Florida
Escambia River Electric Prepped For Winter Storm
January 28, 2014
Escambia River Electric Cooperative is ready to act on whatever winter weather we may receive today.
EREC takes necessary steps to make certain its power system is prepared for whatever weather may come our way. Our generation and transmission facility, PowerSouth Energy Cooperative, is anticipating a peak load during this storm event. However, generation resources are in place to cover all energy needs, and staff are making necessary preparations to ensure capacity needs are met.
EREC will immediately respond to any power outage on its system 24 hours a day, seven days a week. Power crews will work non-stop to ensure any disruption in power is restored as quickly and safely as possible.
Here are safety tips to follow during extreme cold temperatures:
- Never touch a fallen power line, and assume all wires on the ground are electrically charged. Call EREC at 1-877-OUT-EREC or 1-877-688-3732 to report it immediately.
- In the event of an outage, use an alternate heating source—such as a fireplace, propane space heater, or wood stove. Extreme caution should be taken.
- Stay in an area of the home where the alternate heat source is located.
- Fuel- and wood-burning heating sources should be vented. Be sure to follow manufacturer’s directions.
- Make sure carbon monoxide detectors and smoke detectors are working properly.
- Do not use a gas-powered oven for heating. A gas oven may go out or burn inefficiently, leading to carbon monoxide poisoning.
- Do not use a gas or charcoal grill inside the home. Do not use charcoal briquettes in the fireplace.
- If you use a portable generator to power a heating source, be sure the generator is located outside your house for proper ventilation. Do not use a generator in an attached garage. Follow manufacturer’s directions for operating the generator.
- Take special care not to overload a generator. Use appropriately sized extension cords to carry the electric load. Make sure the cords have a grounded, three-pronged plug and are in good condition.
- Never run cords under rugs or carpets.
- Never connect generators to power lines. The reverse flow of electricity can electrocute an unsuspecting utility worker.
Escambia River Electric Cooperative’s telephone number to report outages is 1-877-OUT-EREC or 1-877-688-3732.
Winter Weather Driving Tips From The Florida Highway Patrol
January 28, 2014
With a winter storm warning posted for portions of North Florida, the Florida Highway Patrol urges motorists in affected areas to prepare for the possibility of adverse driving conditions. National Weather Service forecasts show a severe cold front moving into Florida, bringing with it the possibility of freezing rain
and snow resulting in hazardous driving conditions for motorists.
The FHP offers the following tips for driving in this type of weather conditions:
- Stay put. Avoid driving, if at all possible. The safest place to be is off the roads.
- Slow down. When roads are icy, vehicles don’t have the traction required to stop quickly.
- Stay alert. When the temperature is near freezing, the roadway may look wet when in fact ice is
- Remember that bridges and overpasses are more prone to freezing in these types of conditions.
- Don’t attempt to pass slower vehicles.
- Leave plenty of space between your vehicle and the one in front of you.
- Gently apply your brakes and accelerate at a slow speed.
- Be patient and courteous. Driving in adverse weather conditions can be stressful.
- Remember to dial *FHP (347) from your cell phone if you are on the road and need assistance.
Motorists are encouraged to monitor the changing weather conditions and adjust their driving as necessary. .
Gulf Power Readies For Winter Weather
January 28, 2014
Gulf Power Company employees are geared up and ready as a wintry mix of ice and snow is predicted to fall in Northwest Florida.
Line crews have increased their staffing into the night Tuesday, as well as on Wednesday morning.
“Our crews recently assisted Oncor with winter restoration in Texas,” said Jeff Rogers, Corporate Communications manager. “It’s tough working in these frigid temperatures, but our crews have been tested and are ready. Should an outage occur, we are ready to respond and restore power as quickly and as safely as possible.”
Freezing rain and sleet can build up on tree limbs, which then break and fall onto power lines. Rogers said the company’s year-round vegetation management system helps maintain high reliability of service to their customers.
If you come across a downed power line, assume that it is live and call 911, as well as Gulf Power, at 1-800-487-6937.
If there is an outage, customers can help Gulf Power restore power by turning off their heating systems until power is restored. Once power is back on, customers should wait a few minutes before turning their heating system on.
“If customers lose power, we ask that they wait 10 – 15 minutes after their power is restored before turning their heat back on,” Rogers said. “That helps us manage the load so we can bring all customers back on as quickly as possible.”
Customer service representatives will be working 24/7 to handle any questions customers might have. Customers can call 1-800-225-5797.
In addition to line service crews on standby, many Gulf Power employees at Plants Crist, Smith and Scholz are going into storm shifts. Gulf Power generating plants have run through checklists to protect critical equipment, and the plants are bolstering their staffing to ensure they can provide uninterrupted service during the potential icy conditions.
Pictured: Gulf Power crew works to restore power after a snowstorm last winter near Hot Springs, Arkansas. File photos, click to enlarge.
No Injuries: Laundry Room Fire At Century Care Center
January 28, 2014
Firefighters responded to laundry room fire at the Century Care Center Monday night.
Residents from one wing of the facility were evacuated to other portions of the facility away from the fire. The minor fire was quickly brought under control by responding firefighters. There were no injuries reported.
The Century, McDavid, Walnut Hill and Molino stations of Escambia Fire Rescue responded to the fire, along with the Flomaton Fire Department, Escambia County EMS and the Escambia County Sheriff’s Office.
NorthEscambia.com photos, click to enlarge.
One Injured In Hwy 29 Crash
January 28, 2014
One person suffered minor injuries in a two vehicle wreck about 7:40 this morning on Highway at Archer Road. Two other people involved in the accident were reportedly not injured. NorthEscambia.com photos by Kristi Smith, click to enlarge.
No Animals Registered Under New Century Ordinance
January 27, 2014
Thirty days after the passage of an ordinance that would require many Century residents to register their barnyard animals with the town — no one had done so.
As of December 23, it became illegal to keep a horse, mule, donkey, goat, sheep, or cow within the town limits except in areas that are zoned agricultural or rural residential. Hogs were already prohibited in all areas of the town.
One horse or cow is now allowed for every two acres, one donkey or mule per acre and one goat or sheep per one-half acre. The animals and their pens must be 200 feet or greater from a dwelling or property line.
Anyone with the regulated animals in an area not zoned agricultural or rural residential within the town limits, must register their animals at the Century Town Hall by Friday, February 21 (60 days from the passage of the ordinance). Anyone with nonconforming animals must apply for and be granted a variance from the town council within six months or get rid of their animals.
“While citizens have requested the applications, the town has not yet received any. Nor has the town received a request for variance,” Town Clerk Leslie Gonzalez said in an email.
Mayor Freddie McCall expressed concerns that perhaps some residents had missed the news reports on the passage of the new ordinance. McCall and the town’s consultant on the ordinance, Debbie Nickles, will make an effort over the next few weeks to visit residents that may be required to register animals or request a variance, he said.
Pictured: Century council members Gary Riley, Ann Brooks, Sandra McMurray Jackson, Jacke Johnston and Annie Savage during a December 23 special meeting in which the town’s new barnyard animal ordinance was passed. Pictured inset: Council member Jacke Johnston reads the ordinance. NorthEscambia.com file photos, click to enlarge.
Local Music Students Selected For All-State Groups
January 27, 2014
Several local students were selected to participate in various Florida Music Educators Association All-State groups at the recent FMEA conference in Tampa. After going through an extensive audition process, eight students represented the Escambia County School District.
- All State Elementary Chorus — Kori Anthony, A. K. Suter Elementary
- Middle School Mixed Chorus — Seth Godwin, Ransom Middle
- Middle School Honor Band — Chase Rogers, Workman Middle
- All-State High School Concert Chorus — Eion Blanchard, Tate High
- All-State High School Honor Band — Kela Kawakami and Kaleb Broom, Washington High
- All-State High School Symphonic Band — Noah Heintz, Tate High
- All-State High School Honor Orchestra — Brianna Snyder, Tate High
State Report Says Law Against ‘No Fault’ Fraud Is Lowering Insurance Rates
January 27, 2014
Auto insurance costs will come down slightly, more than a year after reforms aimed at reducing fraud in the state’s “no-fault” auto insurance system were implemented, according to a preliminary analysis of rates by the state.
The Office of Insurance Regulation announced that Personal Injury Protection coverage is projected to drop an average of 13.2 percent based upon on a review of 20 insurers that provide coverage for more than 75 percent of the Florida market.
The result of the decrease would be an overall 1.2 percent reduction in rates, because “no-fault” accounts for a small portion of auto coverage, the state insurance regulatory office stated in a release.
A spokesman for Chief Financial Officer Jeff Atwater, who was a proponent of the 2012 law, called the report a “positive trend” for consumers.
“PIP fraud remains a criminal activity that we are vigilantly fighting, but the positive progress being made suggests that the recent PIP reforms should be allowed to continue working to help improve Florida’s auto insurance market,” Atwater spokesman Chris Cate said in an email.
According to OIR, the drop is in line with the projections from legislation (HB 119) that targeted what officials said had become a $1 billion overall increase in rates due to fraud.
“The estimated average statewide savings reflect a positive trend in comparison to 2011, when 86 percent of auto filings were for proposed increases in ‘no-fault’ premiums — the vast majority for double digit increases,” the study declared.
The report is expected to further temper efforts to dump the requirement that Floridians purchase “no-fault” coverage and instead allow them to carry just bodily injury coverage, which a vast majority of motorists in Florida already purchase.
Senate Banking and Insurance Chairman David Simmons, R-Altamonte Springs, has been moving towards such legislation, but his effort was slowed after the 1st District Court of Appeal in Tallahassee rule on Oct. 23 that a challenge to the 2012 law needed to offer a “factual” motorist who is harmed by the law.
The challenge to the law presented an acupuncturist, a chiropractor, two massage therapists, along with a hypothetical “John Doe” representing health-care providers and a hypothetical “Jane Doe” representing motorists.
The case has been appealed to the Florida Supreme Court.
Donovan Brown, state government relations counsel for the Property Casualty Insurers Association of America, said the reduction in rates could have been even better, but some insurers may have been unsure how to proceed because of the lawsuit.
“That case causes mass confusion in the marketplace,” Brown said.
Still, Brown expects the debate to continue over the future of “no-fault” as the full impact of the new law may not be known until later this year, when the results of the second round of premium filings take hold.
“When these reforms are fully implemented, then we’ll have a better idea of what the true impact will be from the changes in 2012,” Brown said.
Staff analysis of the 2012 legislation projected a 13.2 percent drop in rates after October 2012 rate filings based upon the new law. The savings are projected to be between 14 percent and 24.6 percent when filings are calculated from the Jan. 1, 2014 filings.
Leading the charge in the rate reductions were Progressive Select Insurance and Progressive American Insurance, with reductions in “no-fault” coverage by 34.6 percent and 32.3 percent, respectively, with overall auto coverage down 15 percent and 11.7 percent.
Geico General Insurance Co., the state second largest auto insurance provider, had a 25 percent drop in “no-fault” coverage, while auto coverage grew 0.6 percent.
The state’s largest auto insurance provider, State Farm Mutual Auto Insurance Co., had its “no-fault” coverage down 1.7 percent, while overall auto coverage decreased 3.3 percent.
Not every company submitted decreases in “no-fault.”
A 58.1 percent increase in “no-fault” was filed by 21st Century Centennial Insurance, with overall auto premiums going up 26.9 percent, and Esurance Property & Casualty Insurance has “no-fault” increasing 20.9 percent with overall rates up 17 percent.
In the House, Rep. Carlos Trujillo, R-Miami, has filed two measures (HB 267 and HB 269) directed at repealing the “Florida Motor Vehicle No-Fault Law” and allowing Floridians to carry only bodily injury coverage.
Neither bill has been reviewed by a committee.
by Jim Turner, The News Service of Florida
Cottage Hill Water Works Rescinds Boil Water Notice
January 27, 2014
Cottage Hill Water Works has issued a rescinded a boil water notice for McKenzie Road, Handy Road, Chavers Road, Smyers Road and Huntington Subdivision.
This notice was issued Monday following a water main leak. Bacterial sampling indicated that the water is now safe to drink. For more information, contact Cottage Hill Water Works at (850) 968-5485.