Obama Administration Pushes Back Part Of Health Law
July 3, 2013
Businesses with more than 50 employees got a one-year reprieve Tuesday from a controversial part of the federal Affordable Care Act that calls for them to provide health insurance to workers — or face potential penalties.
The requirement was scheduled to take effect in 2014, but the Obama administration announced that it would be pushed back to 2015.
“We have heard concerns about the complexity of the requirements and the need for more time to implement them effectively,” Mark Mazur, assistant secretary for tax policy, wrote in a post on the U.S. Treasury Department website. “We recognize that the vast majority of businesses that will need to do this reporting already provide health insurance to their workers, and we want to make sure it is easy for others to do so. We have listened to your feedback. And we are taking action.”
The Affordable Care Act, better known as Obamacare, seeks to spur large employers to offer coverage as a way to help insure most Americans. Smaller firms do not face the same penalties.
Sanitation Truck, Dump Truck Collide; Shut Down Highway
July 3, 2013
There were no injuries in a wreck involving a dump truck and a sanitation truck Tuesday morning in Molino.
The ECUA sanitation truck driven by 52-year old Jeffrey B. Mathis of Pensacola was stopped on southbound Highway 95A to pick up trash and then moved forward to make a left turn onto Kemala Avenue, according to the Florida Highway Patrol. The rear corner of the sanitation truck was hit by a southbound dump truck driven by 53-year old Sammy E. Fuller of Molino, causing the dump truck to overturn.
Mathis and his passenger, 56-year old Jose L. Morales of Pensacola, and Fuller were not injured. Fuller was cited for careless driving, according to the FHP.
The dump truck’s load of dirt was spilled as it overturned, shutting down Highway 95A for a few hours.
Pictured: A collision involving a dump truck and a sanitation truck Tuesday morning in Molino. NorthEscambia.com photos, click to enlarge.
Two Pensacola Officials Charged With Violating Public Records Laws
July 3, 2013
Pensacola’s administrator and spokesperson have been charged with non-criminal infractions of Florida’s public records law.
State Attorney Bill Eddins released his findings this afternoon into an investigation that found Administrator William Reynolds (pictured) and Press Secretary Derek Cosson violated the law. The State Attorney’s Office also released findings and made recommendations concerning the City of Pensacola’s public records procedures.
The State Attorney’s Office report is reprinted below.
This office has received a number of complaints from various individuals alleging possible violations of the Florida Public Records Law by the City of Pensacola. As a result of these complaints, we have conducted a thorough investigation lasting several months. During the course of this investigation, we have interviewed numerous witnesses, reviewed e-mails and other documents and researched the applicable law. Based on our investigation, we have determined that the City has failed to adequately or timely respond to public records requests. In this report, we make certain recommendations to the City to avoid these problems in the future. We have met with various City officials to discuss these recommendations. They have indicated that they accept these recommendations and are in the process of implementing these changes. In addition, we have determined that the filing of non-criminal infractions against two City employees for failing to provide public records is appropriate.
FAILURE TO TIMELY RESPOND TO PUBLIC RECORDS REQUESTS
Several of the complaints we have received allege that the City has failed to timely respond to public records request. The Florida Public Records Law requires that all requests be responded to in good faith. The Florida Supreme Court has interpreted this to require that records must be produced within a reasonable time. No set time is established but is determined by the extent and nature of each individual request. The City, like other governmental agencies, receives numerous public records requests. These requests come from the media, private citizens, as well as City officials. These requests are made through the City Clerk who then forwards them to the appropriate employees. If the request involves e-mails or other computer documents, the request is also sent to the IT Department. Once the records are located, individual employees are responsible for reviewing these documents to remove exempt materials. In one case we reviewed, 82 different city employees were required to review e-mails to remove exempt materials. By its very nature, this leads to unreasonable delays in responding to public records request. Our investigation also indicates that inadequate resources are provided to the City Clerk to respond to public records request in a timely manner. It is also clear that City employees need additional training in the area of public records law. Finally, a better tracking system should be implemented to insure that public records requests are being handled in an appropriate manner.
For these reasons, we make the following recommendations to the City of Pensacola:
- That outside training be brought in to train city employees regarding the Florida Public Records Law.
- That the City Clerk be provided adequate resources to timely respond to public records requests.
- That current policies dealing with public records be reviewed and changed or amended to ensure full compliance with the public record laws.
- That adequate tracking procedures be developed to see that public records requests are responded to in a timely manner.
FAILURE TO PROVIDE PUBLIC RECORDS
On June 28, 2012 at 9:55 a.m. Diane Mack sent an e-mail request to Ericka Burnett requesting certain public records regarding The Zimmerman Agency. At that time, The Zimmerman Agency had been retained by the City of Pensacola to develop new branding and logos for the City and its various agencies. In her request, she asked for a copy of the new logos for the City of Pensacola, Energy Services of Pensacola, the airport, and the port. On that same date at 11:07 a.m. the request was forwarded to City employees Derek Cosson and Bill Reynolds. Two minutes later Cosson responded that the City had not yet taken delivery of the requested logos. At the apparent same time, Reynolds also responded that the City had not received the logos. On July 5, 2012 at 3:11 p.m. Ms. Burnett responded to Ms. Mack that the requested information had not been received. At no time did Ms. Mack receive the requested logos.
Our investigation reveals that both Bill Reynolds and Derek Cosson received e-mails that contained proposed logos. On May 8, 2012 Reynolds received an e-mail from the airport director, Melinda Crawford, that contained the new logo for Pensacola International Airport. Likewise, on June 10, 2012 at 7:11 p.m. Derek Cosson sent an email to Jill Reading of The Zimmerman Agency requesting a copy of the new City logo. Within minutes of this request, Ms. Reading sent Cosson a copy of the logo which Cosson acknowledged receiving. In addition, numerous other City employees had received or sent images of the various new logos.
Based upon the failure of both Reynolds and Cosson to provide the requested information, or to make any effort to locate copies of the logos in the City’s possession, we have determined that it is appropriate to charge them with a non-criminal violation of the public records law.
RELEASE OF EXEMPT INFORMATION
On Sunday, March 3, 2013 a city employee sent an e-mail to the City’s human resources department raising employment issues. The following day a copy of this email was sent to both Bill Reynolds and Jim Messer. The City treated this e-mail as a discrimination complaint and viewed it as either exempt or confidential. On March 5, 2013, Bill Reynolds gave a copy of this document together with a copy of his response to Maren DeWeese while at World of Beer. These documents were not provided pursuant to any public records request and were not solicited by Ms. DeWeese. The documents provided to Ms. DeWeese were in an envelope and unredacted in any way. Ms. DeWeese later published a redacted version of these documents on her blog. Section 119.071(2)(g)1.a., Florida Statutes, provides that all complaints regarding employment discrimination are exempt from the public records law until such time as a probable cause determination is made, the investigation of the complaints becomes inactive, or the complaint becomes part of the official record of any hearing or court proceeding. Section 119.071(2)(g)2., goes on to state that where the alleged victim chooses not to file a complaint and request that records of the complaint remain confidential, all records relating to the allegation of discrimination are both confidential and exempt from the public records law. In this case, the complainant made such a request on March 7, 2013, two days after the release of the complaint.
Based upon our review, we have determined that the release of the discrimination complaint does not rise to the level of a criminal violation. All criminal statutes are to be strictly construed in favor of the defendant. In applying that standard, we have determined that at the time the document was released it was exempt and not confidential. Therefore, the release of the complaint, while under the circumstances as described inappropriate, does not constitute a crime.
While this report concludes our investigation regarding the City of Pensacola and public records, we will continue to monitor the situation to insure that the recommendations are enacted and that public records requests are responded to in a manner consistent with Florida Law.
Editor’s note: Pensacola City Administrator William Reynolds is no relation to the NorthEscambia.com publisher of the same name.
Wahoos Fall 6-5 On Walk-Off Homer
July 3, 2013
Jake Marisnick belted a walk-off, two-run homer giving the Jacksonville Suns a come-from-behind 6-5 win over the Pensacola Blue Wahoos on Tuesday night at the Baseball Grounds of Jacksonville. It was the Suns’ second walk-off win over the Wahoos this series, and the win also secured the series victory for Jacksonville.
Pensacola was in control of the contest, leading 5-2 heading to the last of the eighth. Brian Pearl entered out of the Wahoos pen and promptly gave up a double to J.T. Realmuto and an RBI single to Zack Cox, slicing the deficit to two. Drew Hayes then came on and allowed Danny Pertusati to reach on a fielder’s choice. Pertusati moved from first to third on an errant pickoff attempt and scored on Ryan Fisher’s groundout.
In the ninth, Noah Perio led off with a single and after a failed bunt attempt from Michael Main, Marisnick crushed a no-doubt shot deep to left field for his 10th homer of the season. It’s the ninth time this season that the Wahoos have lost in walk-off fashion.
Hayes (2-2) blew his fifth save in five chances for Pensacola as he ended up allowing two runs on two hits in 1.1 innings. Collin Cargill (2-1) was credited with the win by firing two shutout frames to hold the Wahoos at bay in the eighth and ninth.
The four-run comeback marred a great start form Pensacola starter Daniel Renken. The right-hander’s lone mistake on the night was a two-run homer from Fisher in the last of the second to give Jacksonville a brief 2-1 lead. The right-hander induced a momentum-swinging 4-6-3 double play to thwart a rally in the last of the third and settled down from there. He allowed just four baserunners in his final 3.2 innings but had to settle for the no-decision despite allowing only two runs on five hits in 6.2 frames.
The Wahoos got off to a great start in the contest as Devin Lohman led off the game with a homer, his sixth round-tripper of the year, against Jacksonville starter Anthony DeSclafani. The Suns’ starter would retire the next 10 he faced though until running into massive trouble in the fourth.
Donald Lutz started the fourth-inning rally with a walk, before a Marquez Smith single put runners on the corners with one out. Danny Vicioso tied the game with an RBI single and then Travis Mattair followed with a go-ahead two-run triple to dead-center field. Theo Bowe would provide some insurance on a swinging bunt that DeSclafani couldn’t handle, allowing Mattair to score from third and giving the Wahoos a 5-2 lead.
Having already dropped the series, the Wahoos look to build some momentum in the series finale at 6:05 p.m. CT. Pensacola sends Josh Smith (6-6, 3.50) to the bump against Jacksonville’s Jay Jackson (2-5, 3.33).
story by Kevin Burke
Final Victim Identified From Fiery Fatal Crash On I-10
July 3, 2013
The third person killed in a fiery head-on crash on I-10 on June 16 has been identified by the Medical Examiner.
Driver Dustin Richard Davis, age 22 of Chipley, and passenger Amy Rachel Owens, age 22 of Bonifay, both died in the crash. Davis was the driver of a 1993 Jeep Cherokee that was traveling the wrong way on I-10 near the 36 mile marker. Davis’ Jeep collided with a 2007 Jeep Wrangler driven by 44-year old David Michael Reilly of Milton.
Both vehicles caught fire and were fully engulfed before emergency personnel arrived. Reilly’s remains were identified Tuesday by the Medical Examiner’s Office.
Featured Recipe: Add Flavor To Your 4th With The Marketplace Burger
July 3, 2013
This weekend’s featured recipe is a Marketplace Burger with a Gorgonzola cream cheese spread.
Over 100 Of 225 Cats Seized Euthanized; Couple Released On Bond
July 2, 2013
The Santa Rosa County Sheriff’s Office and Animal Services removed 225 cats from a Milton home Monday afternoon and two people were taken to jail.
Along with Santa Rosa County Animal control, deputies removed the animals after serving a search warrant at the home in the 4000 block of Bettian Ave at the Kirkham Kattery Rescue, a non -profit shelter. The search warrant was executed for the violation of several animal related Florida statutes, according to Deputy Rich Aloy, public information officer for the Santa Rosa County Sheriff’s Office.
Allan and Ella Kirkham were arrested on animal cruelty charges and booked into the Santa Rosa County Jail. They were released on $3,500 bond each.
Under the direction of a local veterinarian, county staff worked until 12:30 a.m. conducting preliminary assessments of the cats that were thought to be in the most dire condition.
Just over 100 cats were found to be “in grave medical condition, including all testing positive for feline leukemia, and were humanly euthanized last night. The current priority is a thorough medical evaluation of the remaining cats. With any intake of such a large number of animals at one time, the process can take several days to a week to gain a more accurate picture of the situation,” said Joy Tsubooka, Santa Rosa County public information officer.
The evaluation process is ongoing for the remaining cats, including testing for feline leukemia. The cats are housed in a non-public, quarantined area where all precautions are being taken to prevent the spread of any potential contiguous diseases to the shelter animals currently available for adoption. Feline leukemia, is one of the most commonly diagnosed causes of disease and death in domestic cats, and along with upper respiratory diseases, is extremely contagious and can be hard to control once introduced into a shelter environment.
A plan on how to move forward which considers the legal status, overall health of the cats, and general public safety including the potential risk of contiguous diseases to the community, will be developed based on the recommendation of a veterinary doctor once a more detailed assessment of all the remaining animals is complete and more information is available, Tsubook said.
“At this time, it is too early to make plans for the adoption or moving of the cats to other shelters, those decisions are pending on the results of the more thorough health evaluation and veterinary recommendations,” she said.
Feline leukemia can incubate for three months and cats can show no signs of the disease. The virus is spread through direct contact including grooming, fighting, sneezing, litter boxes, food and water bowls. It can also be passed to kittens through the mother’s milk.
Anyone who has adopted a cat from Kirkham Kattery Rescue is encouraged to seek immediate veterinary attention for their pet, county officials said.
Deputies acted after receiving information from Santa Rosa County Animal Control regarding heath nuisance violations, along with allegations of animals that were infected with contagious diseases being placed in adoptions.
An undercover deputy was sent to the home to make an adoption. The cats that were adopted where taken to a veterinarian immediately for a health inspection. Deputies said the cats were found to have feline leukemia, an upper respiratory infection, bronchitis, a flea infestation, tapeworm infestation and several other diseases.
Tax Collector Officers Collecting Food For Manna Food Pantries
July 2, 2013
The employees of Janet Holley, Escambia County Tax Collector, are supporting Manna Food Pantries during the month of July by sponsoring a food drive. Their goal is to collect 2,000 pounds of food to help Manna meet the needs of the hungry in our area.
Nonperishable food items can be dropped off at any of the four tax collector locations Monday through Friday between 8:30 a.m. and 4:30 p.m.. Manna Food Pantries welcomes any food donations, but their most needed items are peanut butter, canned fruit, canned tuna and chicken and canned dinners.
Offices are located at:
- Downtown, 213 Palafox Place
- Molino, 6440 Highway 95A, Suite A
- Marcus Pointe, 6451 North W Street
- Warrington, 507 North Navy Boulevard
Study: Florida Does Not Need Indian Or International Casinos To Be Major Gaming State
July 2, 2013
Florida doesn’t need international casino operators building $2 billion waterfront entertainment meccas in Southeast Florida or a Native American group opening venues along the Interstate 10 corridor to be considered a “major gambling state.”
With Indian casinos, pari-mutuel facilities, day-cruise and cruise vessels and one of the largest state lotteries, Florida is already one of the nation’s top spots for gamblers.
But a 307-page state-commissioned study released Monday also showed that while the opportunity to play games of chance has grown, the money spent at casinos and card rooms hasn’t resulted in vast job creation outside the industry.
The state released a draft of the first part of a study by the New Jersey-based Spectrum Gaming Group on the present and future of gaming in the Sunshine State.
The study declares that Florida — despite opposition to the growth of gambling by powerful players such as Walt Disney World and the Florida Chamber of Commerce — is already “a major gambling state, with a wide array of options.”
More important, the gaming industry is going to grow, with or haphazardly without state regulation.
“Intentionally or not, the policies established by lawmakers — or the lack thereof — play a critical role in the evolution and expansion of gaming,” Spectrum stated. “Indeed, in the views of many, the ‘evolution’ and ‘expansion’ of gaming are largely synonymous. The industry rarely shrinks, and quite often, expands as a result of expansion.”
The study comes as the state Legislature is expected to tackle the future of gambling during the 2014 session.
In a memo to the Senate that accompanied the study, Senate Gaming Committee Chairman Garrett Richter, R-Naples, simply said his committee will “review gambling statutes, to address the ambiguities, inconsistencies, and exceptions in current law, and to craft an action plan.”
John Sowinski of No Casinos in Florida, an Orlando-based group opposed to the expansion of gambling, said the study shows the only way to control gambling is for lawmakers to close existing loopholes as they did in prohibiting the majority of electronic games at adult arcades in April,
Sowinski added that the state needs to rein in regulators.
“We have too much gambling and every time legislators or regulators give an inch, the gambling industry takes a mile,” said Sowinski, who also criticized Spectrum for its ties to the casino industry.
With the Florida Chamber of Commerce maintaining a near two-decade opposition to the expansion of gambling, spokeswoman Edie Ousley said the business advocacy group is waiting for the rest of the study before fully commenting.
Associated Industries of Florida, a proponent of allowing mega-casinos when the idea went before the Legislature in 2012, declined comment Monday as it was still reviewing the study.
The rest of the $388,845 study is expected to look into the potential economic impacts of changing gaming across Florida, such as the impacts of ending or altering the exclusive Seminole Indian compact and allowing international casino operators into the state. It is due by Oct. 1.
Spectrum declares it isn’t making any recommendations, but notes that “the combination of consumer acceptance, technological advances (such as the Internet) and government desire for revenue will continue to cause further expansion.”
The study shows that the industry lags when it comes to spinning off jobs.
Gambling generated $2.47 billion last year in tax revenue for Florida, and if nothing changed with the current gaming options, including the massive drop already experienced in play on the horses, dogs and humans tossing the jai-alai pelota against a wall, that annual figure would still double by 2060.
The existing racetracks, cardrooms, state lottery and Native American casinos were responsible for 15,748 jobs last year and 10,063 indirect jobs. When retailers selling lottery tickets are included, the numbers are boosted to 55,648 direct jobs and 14,269 indirect jobs.
The Spectrum study paints a picture of a state at the crossroads of its gaming future.
“Expansion comes at a cost, both internally to the industry and externally to society,” Spectrum states. “Expansion runs the risk of cannibalizing certain types of gambling — notably the pari-mutuel industry, which has long been in decline both nationally and in Florida — and it will sharpen the debate about how much is too much.”
On the one hand, the state’s historic horse, dog and jai-alai venues are simply trying to weather massive decline in play and their own internal squabbles.
Meanwhile the Alabama-based Poarch Band of Creek Indians wants to make Interstate 10 a pari-mutuel corridor — with or without its controversial rodeo-style barrel racing at Gretna Racing — as it owns, or has options to own, or agreements to control 10 pari-mutuel permits between Jacksonville and Pensacola in hopes of operating bingo-based slots and non-house-banked games.
Add into the mix the future of the Seminole compact, counties outside Miami-Dade and Broward wanting to add slot machines, and international casino operators salivating at the prospects of building mega-casinos in the Southeast.
Also finally, the Florida Lottery simply continues to grow, generating $4.45 billion last year, of which $1.9 billion was revenue for the state.
The state lottery is now the third largest in the nation, with revenue totals behind only New York and Massachusetts.
The first chance the House and Senate gaming committees would have to discuss the full study would be the second scheduled committee week of the fall, starting Oct. 7.
The study outlines the growth in games of chance, with card rooms and table options outstripping the rapid decline in play on greyhounds, horses and jai alai, which have struggled against a decline in attendance and purses to attract better competition.
The state has seen its revenue from those pari-mutuel activities dropping from $119.4 million in 1985 to $11.8 million last year, a 91 percent decline.
Revenue from greyhound racing has dropped from $77.2 million to $3.7 million from 1985 to 2012, while jai alai is down from $29.7 million to $378,000 in the same time in its taxes to the state.
To save costs, pari-mutuel operators have reduced the number of races and, in the case of jai alai, the number of players on a roster. Greyhound operators have also proposed running races with just two dogs in each race to meet state operation requirements.
By Jim Turner, The News Service Of Florida
Man Gets Life Without Parole For 2011 Escambia Murder
July 2, 2013
A New Orleans man was convicted of an Escambia County murder Monday and will spend the rest of his life in prison with no chance of a parole.
Christopher Eugene Stallworth pleaded guilty to first degree murder for the death of 65- Jerry Wayne Ledden, burglary while armed, possession of a firearm by a convicted felon and grand theft auto.
Judge Ross Goodman sentenced Stallworth to mandatory life in state prison without parole. Prosecutors were originally seeking a death sentence, however, as the case developed, further investigation revealed that mandatory life without parole was the appropriate sentence, according to State Attorney Bill Eddins.
On July 24, 2011, the badly beaten body of Jerry Wayne Ledden was found at his home on Mitchell Lane in the Bellview community by his sister and brother-in-law. Ledden’s Cadillac, guns, and cell phone were missing from the residence. Stallworth was linked to the homicide by use of credit cards that were stolen from the victim’s home.
The investigation and arrest was conducted by the Escambia County Sheriff’s Office.
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