Abrupt DJJ Resignation Could Alter Dispute With Escambia, Santa Rosa, 23 Other Counties
July 16, 2014
A key player in the dispute between the state and counties over juvenile-detention costs abruptly resigned last week, leaving counties to wonder how his departure will affect the high-stakes negotiations. Escambia and Santa Rosa are among 25 counties involved in the dispute.
Jason Welty, who worked as chief of staff at the Florida Department of Juvenile Justice, turned in his resignation last Wednesday. The move came two days after he told The News Service of Florida that Gov. Rick Scott believes counties should pay to detain a certain category of offender.
“It’s going to take the Legislature to resolve whether or not the counties pay for new law violations or not,” Welty said in a July 7 interview that was published on NorthEscambia.com. “We believe that they should be. The governor believes that they should be. And we believe that the Legislature believes that they should be. But (the counties) obviously don’t.”
After the story was published, however, the governor’s office took issue with Welty’s statement. Frank Collins, Scott’s communications director, said in an email that the statement did not reflect the governor’s position on the issue.
Welty, who had 10 years of state government experience, did not explain his reasons for leaving in a resignation letter submitted to department Interim Secretary Christy Daly. He also could not be reached for comment by the News Service.
“We appreciate Jason’s service to the agency,” department communications director Heather DiGiacomo wrote in an email. “Fred Schuknecht is currently serving as interim chief of staff.”
Welty’s resignation came amid a renewed legal fight between the department and counties about how to split up juvenile-detention costs.
The dispute centers on a 2004 law that requires counties to pay to detain juveniles who are waiting for their cases to be resolved in court. The state pays for “post-disposition” costs — that is, after the cases have been decided. But the two sides are far apart on which costs are “pre-disposition” and which are “post-disposition.” As an example, one of the issues involves who should pay for detaining youths whose cases have already been resolved and then, while on probation, commit new offenses that violate terms of their probation — circumstances that are the “new law violations” cited last week by Welty.
In June 2013, the 1st District Court of Appeal upheld an administrative law judge’s ruling that the Department of Juvenile Justice had shifted more responsibility for the costs to the counties than the law required: 75 percent for the counties, 25 percent for the department.
The dispute then moved to the 2014 Legislature, where a bill that would have mandated a 50-50 split died on the last day of the session. All parties had accepted the equal division of costs going forward, but the counties also held out for $140 million they said they had overpaid the state, which the Senate refused.
With the failure of the bill, the state decided to use a formula by which the counties will pay 57 percent of juvenile-detention costs, while the state pays 43 percent. The department then held a rule hearing with the counties on June 6, but it ended in impasse and sent the counties back to the Division of Administrative hearings, where counties have won two earlier legal battles on the issue.
In the aftermath of Welty’s resignation, some people questioned how his departure will affect the cost-sharing dispute.
Florida Association of Counties spokeswoman Cragin Mosteller said in an email that the group “appreciated Mr. Welty’s open lines of communication and hope to have the same going forward. FAC hopes to work with the governor and the department to find a solution to DJJ’s unfair and incorrect billing so that we can put our full attention to the children who so desperately need our help.”
Roy Miller, president of the Children’s Campaign, an advocacy group, called Welty “a thoughtful worker on behalf of children needing a better direction in life.”
“Welty is known by stakeholders for being trusted for what he says and does,” Miller said. “The fight between the state and counties over detention costs has led to very bad outcomes for children, and it’s long past time to bring an end to it. Welty did his best to listen to all sides and report it accurately and without bias.”
In an email, department spokeswoman DiGiacomo wrote, “The agency has had a collaborative relationship with the counties and we are committed to maintaining open lines of communication.”
While Scott’s office took issue with Welty’s comments last week, it has not publicly spelled out a detailed position for resolving the dispute with the counties.
“The 21 cost-shared juvenile centers across Florida work to ensure that Florida’s children and families are kept safe until legal proceedings can take place.” Scott spokesman John Tupps said in an email. “After a careful review of the district court ruling this past year, the Department of Juvenile Justice worked to develop an adjusted county cost share. The Legislature adopted the DJJ’s recommendation which results in a reduction in costs to the counties. We’re open to working with the counties to find a path forward that will benefit Florida’s children and families.”
Local Boys, Girls State Attendees Honored
July 16, 2014
A reception was held Tuesday night at the American Legion Post 90 in Atmore to honor local students that attended Alabama Boys State and Alabama Girls State last month.
Recognized were: Austin Cunningham and Tristan Portwood from Northview High School; Scott Brantley and Nate Smith from Escambia Academy; Brooke Bell and Jacob Esser from Flomaton High School; and Christin Simpkins, Ben Hubert and Rodrick Felder from Escambia County High School.
Local students attending the Boys and Girls State program each year are sponsored by the American Legion and American Legion Ladies Auxiliary.
Photo for NorthEscambia.com, click to enlarge.
Gulf Coast Storm 12U Takes Second In Gulf Coast Nationals
July 16, 2014
The Gulf Coast Storm 12U travel baseball team placed second in the 11-team Nations Gulf Coast Elite National Championships this past weekend at the NEP ballpark.
After losing their first bracket game in the double elimination tournament, the Gulf Coast Storm battled back to win five straight. The Storm won the first championship game, forcing a second winner-take-all game.
The Gulf Coast Storm will play their last tournament of the year this weekend in Biloxi. Gulf Coast Storm team members are from the Pace, Pensacola and Cantonment areas.
Pictured: (front, L-R) Trevor Norton, Adam Nisewonger, Grant Gill, Cody Gavin, John Pinette, Hunter Smith, (back, L-R) Parker Tubb, Cole Fryman, Cameron Bailey, T.J. McCants, Timmy Williams, Sam Shackle and Chase Tolbert. Not pictured are Head Coach Matt Faust and Assistant Coach Mike Norton. Photo for NorthEscambia.com, click to enlarge.
Woman Indirectly Struck By Lightning In Nokomis
July 15, 2014
A 20-year old woman was indirectly struck by lightning Tuesday afternoon in Nokomis, FL.
The woman was outside a home in the 6100 block of North Pineville Road, just north of Nokomis Road, when lightning struck a nearby fence or other object about 3 p.m.
The woman was barefoot at the time and suffered a shock from the lightning strike. She was reportedly complaining of a loss of sensation in her legs. She was transported to Atmore Community Hospital with injuries that were not considered serious.
Atmore Ambulance and the Walnut Hill Station of Escambia Fire Rescue responded to the call.
NorthEscambia.com file photo.
Deputies Seek Suspect In Walgreens Armed Robbery
July 15, 2014
The Escambia County Sheriff’s Office is looking for a white male that robbed a Walgreens store at gunpoint this morning on Mobile Highway.
The man entered the store about 8:20 a.m., pulled a weapon and robbed the store of an undisclosed amount of narcotics. He fled in an older model white SUV.
Anyone with information on the robbery is asked to call Crime Stoppers at (850) 433-STOP or the Escambia County Sheriff’s Office at (850) 436-9620.
FDOT: Highway 97 Collapse Repair Costs Over $100K; Work Continues This Week
July 15, 2014
The price tag is in for repairs underway to a collapsed road shoulder on Highway 97.
The total contract for repairs was issued to Scott Bridge, Inc., for $102,577, according to Tanya Branton, public information specials for the Florida Department of Transportation.
Repairs are expected to be complete by the end of this week or the very beginning of next week. Sometime in the next few days, traffic on Highway 97 will be restricted to one lane through the work area, which is near the South Highway 99 intersection – about one mile south of Ernest Ward Middle School.
Back on May 15, the shoulder of Highway 97 collapsed in an existing 50-foot deep gully after a drainage pipe separated and undermined the shoulder. About a month later, the situation worsened, with part of the paved shoulder falling into the hole, prompting temporary repairs by the Florida Department of Transportation. Crews used sandbags to shore up the shoulder on temporary basis back on June 13.
Since the damage occurred after the flooding event that led to a presidential disaster declaration for Escambia County, repair costs for Highway 97 will not be reimbursed by FEMA.
NorthEscambia.com photos, click to enlarge.
Ernest Ward Admin Office Closed Until July 21
July 15, 2014
The administrative building and offices at Ernest Ward Middle School will be closed for about a week. The administrative building at Ernest Ward Middle school closed Tuesday afternoon. The building will reopen at 8 a.m. on Monday, July 21. NorthEscambia.com file photo, click to enlarge.
Lawyer Says Big Money Lined Up For Medical Marijuana Campaign
July 15, 2014
Orlando trial lawyer John Morgan said he has pledges of up to $6 million — not including his own substantial checkbook — to back a proposed constitutional amendment going before voters in November that would allow doctors to order marijuana for patients with debilitating illnesses.
Morgan, who largely bankrolled the petition effort that put Amendment 2 on the ballot, said Monday he is prepared to again unfold his own wallet to convince voters to support the proposal which, like all constitutional questions, requires 60 percent approval for passage.
“We’ve got people coming from all over America to help us,” Morgan said in a telephone interview from New Hampshire. “I’ve got at least $6 million committed as of today, without more money from me. I believe we’re going to be able to do it.”
Renewed support from Morgan — Democratic gubernatorial candidate Charlie Crist’s boss and close friend — comes as opponents of the measure, aided by Sheldon Adelson, a Las Vegas casino magnate and supporter of Republican Gov. Rick Scott, double down on efforts to kill it.
Adelson, whose son Mitchell reportedly died of a drug overdose in 2005 and whose wife Miriam is a physician specializing in substance-abuse treatment, contributed $2.5 million to the “Drug Free Florida Committee,” one of two organizations lining up against the proposal.
Morgan has contributed at least $3.75 million to People United for Medical Marijuana, a political committee supporting the amendment that has spent more than $5 million so far. Supporters of the amendment recently set up a new federal 501(c)4 committee that can keep its donors secret. But “Florida for Care” organizers say the group is focused on creating a regulatory framework for the amendment if it is approved.
Debate is heating up over Amendment 2, which would allow physicians to order medical marijuana for patients they decide are suitable for the treatment. The debate comes as the state grapples with creating an infrastructure for a type of cannabis that purportedly does not get users high but can eliminate or dramatically reduce life-threatening seizures in children with a severe form of epilepsy. Lawmakers approved that type of cannabis this spring.
Scott, who has said he opposes the constitutional amendment, signed into law the measure authorizing strains of marijuana that are low in euphoria-inducing tetrahydrocannabinol, or THC, and high in cannabadiol, or CBD. The law also allows patients who suffer from severe muscle spasms or cancer to be put on a “compassionate use registry” for the low-THC product as long as their doctors approve. Under the law, five growers who meet certain criteria, including having been in business as nurseries in Florida for at least 30 years, will be authorized by the state to manufacture, process and distribute the product — usually sold in paste or oil form — to patients put on the “compassionate use registry.”
“Ganjapreneurs” from around the world are flocking to Florida — the first state to implement a law in which growers will also process and distribute the low-THC, high-CBD product — in hopes of getting in on the ground floor of the cannabis industry.
“There is going to be money made and whether you’re selling beer in a convenience store or topless dances in Ybor City, you’re going to have people who want to make money. That’s just who we are,” Morgan said.
The state’s newest regulated industry has attracted “charlatans” who are likely interested in the more lucrative possibilities traditional medical marijuana holds should Amendment 2 pass, Morgan said.
“It looks like a bunch of cockroaches that just got sprayed with Raid. They’re spinning around going nowhere fast,” he said. “There’s a lot of people who think this is their way to get out of their coat and tie and walk around in their Jimmy Buffet outfit all day long. I believe that right now I could make millions of dollars if I could set up a lemonade stand saying I’m the marijuana guru, call me for information. You can’t imagine how many people are calling me thinking I’m going to be the way and the light.”
Polls have consistently showed widespread support for the medical marijuana amendment but that was before what is developing into an all-out attack on the measure, including opposition from law enforcement groups like the Florida Sheriffs Association.
Critics have accused Morgan of putting the medical marijuana amendment on the ballot to increase turnout among left-leaning voters who typically stay home during mid-term elections and who may be more likely to support Crist.
But Morgan predicted fighting the amendment could backfire against Republican candidates like Attorney General Pam Bondi and Scott, who both oppose the measure.
“It’s like if you told African Americans we’re going to shut down voting times or voting days, they said, ‘The hell you are,’ and came out and voted in record numbers,” Morgan said.
But Sarah Bascom, a spokeswoman for what is known as the “Vote No on 2″ campaign, accused Morgan of using the amendment to gin up support for Crist.
“Mr. Morgan’s comments are further proof that he’s not doing this ‘for the people,’ but as part of his own political agenda. This preoccupation with politics probably explains why the loophole ridden amendment was written so poorly,” she said.
by Dara Kam, The News Service of Florida
Girl, 11, Called A Hero For Saving Younger Sisters From House Fire
July 15, 2014
An 11-year old Atmore girls is being called a hero today for saving her two younger sisters from a house fire early Saturday night.
Rubye Nix was in the living room with her sisters when it’s believed lightning struck outside the home, causing sparks to fly from a window air conditioner and start a fire. She was playing on an iPad when the fire started and she immediately went into action.
“My one-year-old sister was asleep and my four-year-old sister was on my lap. I smelled something burning and saw a small fire, so I grabbed my baby sisters and ran them out of the house,” she said Monday as her mother Toni Capers and stepfather Jerry Capers were searching through the charred ruble for anything that could be salvaged.
Jerry was home with the kids Saturday night as Toni was at work. The power went out, so he went two doors down to check and see if a neighbor had also lost electricity. It was in those few minutes that the lightning struck, sparking the fire. As Jerry returned home and saw smoke, he rushed back into the house thinking the three girls were still inside. He suffered first, second and third degree burns on his hands as he searched through the burning home for his family.
Rubye said she had learned from her parents and her school teachers about how to get out in the case of fire.
“You teach them what to do,” Toni said, “but you hope they never have to do it.”
“I was thinking, ‘okay, there’s a fire, I’m getting out’,” Rubye said.
“Nothing makes me more proud than to know that you grabbed them and ran,” mom Toni told Rubye Monday as they stood in the debris. “Because I can get through this.”
The home on Forest Avenue was a complete loss from the fire. The American Red Cross temporarily put the family up into a hotel through Tuesday night. Beyond that, the family said they don’t have a place to go.
Picturd top: Rubye Nix, 11, and her mom Toni Capers. Pictured top inset: Rubye’s stepfather Jerry Capers suffered burns on his hands after he entered the burning home looking for his three girls. Pictured bottom inset: Rubye and her mother search though the rubble looking for salvageable items Monday. Pictured below: The family’s home was destroyed by the fire. Photos by Anthony Pura/WEAR 3, for NorthEscambia.com, click to enlarge.
Photo: Rainbow Over Cantonment Fire Station
July 15, 2014
Pictured: A rainbow Monday afternoon over Escambia County Fire Rescue Station 4 in Cantonment. Reader submitted photo for NorthEscambia.com, click to enlarge.