Florida Judge: Horse Barrel Racing License For Poarch Creeks Violates State Law
May 7, 2013
Clarification: In this story Monday, The News Service of Florida incorrectly said, based on information from the source, that the parent company of Gretna Racing would appeal a DOAH ruling saying its license was invalid. Neither Gretna Racing, nor its parent company PCI Gaming, was actually a party to the case, and thus has no apparent standing to appeal. An intervenor in the case is the Florida Quarter Horse Track Association, which shares leadership with Gretna, and of which Gretna Racing is a member. The actual party which lost was the state Division of Pari-Mutuel Wagering.
Horse barrel racing at a Poarch Band of Creek Indians facility in Gretna, Fla., shouldn’t have been approved by a state agency for wagering in Florida, an administrative law judge ruled Monday.
Since the Legislature has not approved the unique form of pari-mutuel horse racing, the Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering, violated state statute when approving the license in October 2011 – renewed in March 2012 – for Gretna Racing, in Gadsden County, to run the contests, the judge ruled.
“The Division’s issuance of an operating license to Gretna Racing unmistakably implemented and unambiguously communicated a significant new policy, which is that (barrel match racing) is a licensable pari-mutuel wagering activity,” Division of Administrative Hearings Judge John Van Laningham wrote in an order signed Monday.
State law says rulemaking is not a matter of agency discretion.
Van Laningham added that since the Legislature has not clearly authorized pari-mutuel wagering on barrel match racing, the “policy behind Gretna Racing’s license, therefore, is the division’s own policy.”
“While we are disappointed with the technical issue identified by the judge in his ruling which will impede the continuation of the racing format currently being conducted in Gretna, we are pleased that the vast majority of the claims by the (Florida Quarter Horse Racing Association) were dismissed by the administrative law judge,” Creek Entertainment Gretna spokeswoman Allison North Jones said. “We intend to make the requisite modification to the racing to comply with the judge’s order while we appeal its arbitrariness.”
The administrative ruling doesn’t impact the current race schedule at Gretna, about 25 miles west of Tallahassee. But, the ruling could become an issue when the license is up in 2014.
The state department, along with the Florida Quarter Horse Track Association, an industry group tied with Gretna Racing, had defended the license during the hearings, arguing that the law doesn’t define how quarter horse races must be run.
A spokeswoman for the state department said Van Laningham’s ruling was being reviewed.
“I think our review will help us answer whatever questions we have about the ruling,” said department spokeswoman Sandi Copes Poreda.
Marc Dunbar, an attorney who represents the Florida Quarter Horse Track Association and Gretna Racing, was not immediately available to comment on what the decision means for racing in Gretna.
Wesley Cox, chairman of the North Florida Horsemen’s Association, which races horses at Gretna, said that only technical changes will be needed to acquire future licenses.
“We are pleased this ruling means that the North Florida Horsemen will be allowed to continue conducting races and reap the benefits of racing at Gretna,” Cox said in a release.
A release from Florida Quarter Horse Racing, the Florida Quarter Horse Breeders and Owners association, praised the ruling for protecting the state’s horse racing industry and for rejecting the “outright hijack of Florida’s legislative and regulatory process by a few special interests.”
“As this audacious case has dragged on, our policymakers have come to realize what we horsemen knew all along – that Gretna Racing LLC’s ‘pari-mutuel barrel racing’ was simply the pilot project to bypass state and federal laws that protect and ensure integrity in the wagering and racing product throughout America,” Florida Quarter Horse Racing Association President Steve Fisch said in the release.
The ruling comes as the state is embarking on a $388,845 two-part study on the potential future of gambling in Florida that is expected to be the basis of major legislation in 2014.
The quarter horse associations and one individual argued that state law only allows pari-mutuel facilities to offer more traditional forms of horse racing – thoroughbred, harness and quarter-horse sprints.
Those races are run with multiple horses competing side-by-side on a flat, oval racetrack from a single starting gate to a common finish line.
Gretna’s barrel racing was set up as a challenge of speed and agility, with contestants running cloverleaf patterns individually on neighboring obstacle courses. The outcome is determined by time. A five second penalty is added for hitting a barrel.
The associations feared Gretna’s brand of racing, using fewer horses and requiring less land, could drive out the traditional quarter horse racing from the state.
Also, the horse association argued that the barrel races were simply a way for Creek Entertainment Gretna, which includes the Poarch Band of Creek Indians, to operate a poker room and possibly add slot machines in the future at Gretna.
Voters in Gadsden County in January 2011 approved a measure aimed at allowing slot machine permits at Creek Entertainment Gretna. But Attorney General Pam Bondi issued an advisory opinion at the time declaring Florida law doesn’t allow slot machines at pari-mutuel facilities outside Miami-Dade and Broward counties.
Gretna Racing initially applied for a permit to operate a quarter horse track in Gretna in 2008.
In September, 2011, Gretna began communicating with the agency regarding the novel barrel racing format, something that had never before been licensed or regulated as a pari-mutuel event.
Van Laningham called the decision “the product of a deliberative process, in which Gretna Racing had been afforded opportunities to explain in detail the type of contest it proposed to stage.”
“Although this was the first time that the Division had been called upon to review BMR as a potential pari-mutuel event, the division’s decision to permit gambling on BMR was not a mistake, nor was it tentative or provisional,” Van Laningham wrote.
by The News Service of Florida
Century Council Honors Northview’s State Ranked Weightlifters
May 7, 2013
The Century Town Council presented proclamations Monday night honoring two Northview High School weightlifting team members that recently placed at the state 1-A finals in Kissimmee.
LaMikal Kyles finished eighth in the state in the 183-pound class with a total of 560 pounds, an improvement over his 535 pound total at regionals. Kyles, weighing in at 172.5 pounds, had a bench press of 310 pounds and a clean jerk of 250 pounds — all personals bests.
In the 199-pound class, Arkelle Elliot finished 11th in the state with a total of 575 pounds. Weighing in at 198.9 pounds, Elliot had a best bench press of 330 pounds and a clean jerk of 245 pounds — all matching his personal best records.
Pictured top are Northview Assistant Principal Gerry Pippins, Principal Gayle Weaver, Football Head Coach Sid Wheatley, LaMikal Kyles, Mayor Freddie McCall and NHS Coach Derek Marshman at Monday night’s Century Town Council meeting. Pictured below are the same individuals with Arkelle Elliot. NorthEscambia.com photos, click to enlarge.
1970 Chevy Chevelle Takes ‘Best Of Show’ At Century’s Sawmill Day
May 7, 2013
A 1970 Chevrolet Chevelle owned by Jerry Dawson was the Best of Show winner in Saturday’s car show at Century’s Sawmill Day.
Other trophy and prize winners were:
- Diane Van Leer, 1955 Chevrolet Bel Air
- Eric Uptegrove, Chevy Corvette Roadster Convertible
- Freddie McCall, 1930 Model A
- Gene Sims, 1965 Mercury Comet
- Gerald Dubose, 1940 Chevrolet
- Jean Yale, Chevrolet SSR
- Joe Pecjak, 1967 International Harvester
- John Henderson, 1947 Ford
- Louis Tharp, 1966 Corvette
- Peggy Lynn, 1966 Mustang
- Ramon Renfro, Mitshubishi
- Will & Rita Adams, 1966 Volkswagen
- Buddy Lynn, 1963 ½ Ford Galaxie, Best Interior
- Joe Linzy, 1958 Ford Hardtop Convertible, Best Paint
- Donnie Carlisle, 1970 Mustang, Best Engine
Fore more photos from the Sawmill Day and Car Show, click here.
Pictured top: Jerry Dawson’s 1970 Chevrolet Chevelle was the Best of Show winner at Saturday’s Century Sawmill Day. NorthEscambia.com photo, click to enlarge.
Two Charged In Molino Murder
May 7, 2013
Two people are now behind bars charged with the murder of a Santa Rosa County man – a murder that one suspect says happened in Molino.
The body of Harvey Ray Smith, age 43 of Pace, was found stuffed into a trunk behind a Motel 6 on Davis Highway Saturday morning. Smith had been reported missing in Santa Rosa County. Family members located his vehicle at the motel and then discovered the body.
Deborah Leanne Burge, age 22 of Highway 97, Molino, was booked into the Escambia County Jail Sunday night on charges of homicide and robbery in connection with the man’s death. Zachary Vance Greer, 22, was arrested Monday night by U.S. Marshals and the Santa Rosa County Sheriff’s Office. He is being held in the Santa Rosa County Jail on a charge of homicide and robbery. He will returned to Escambia County after a first appearance in Santa Rosa County.
The Escambia County Sheriff’s Office said third person sought by deputies earlier Monday, Lauren Rockwell, is no longer a person of interest.
Report state Burge and Greer conspired to rob Smith. Burge allegedly lured Smith, her acquaintance, to her home in the 3900 block of Highway 97 in Molino. She told deputies she went inside while Smith and Greer remained outside. When she later exited the home, she found Smith on the ground bleeding. She told Sheriff’s investigators that Greer told her he killed Smith and put his body in the trunk of the car that was later driven to the Motel 6 on Davis Highway in Pensacola.
Further details about the Smith’s death have not yet been released by the Sheriff’s Office.
Anyone with information on the case is asked to call Gulf Coast Crime Stoppers at (850) 433-STOP or the Escambia County Sheriff’s Office at (850) 436-9620.
Barrineau Park Historical Society Awards Scholarships
May 7, 2013
The Barrineau Park Historical Society has presented three scholarships to area students.
(Scroll down for details below each photo.)
Jonathon Rogers received a $1,000 academic scholarship from the Barrineau Park Historical Society. He plans to pursue a career in the medical field. Presenting the check is Andrea Byars, one of the first BPHS scholarship winners.
Marcus Baker won the Stephen G. Jogan Memorial scholarship worth $1000 to further his education. He plans to major in music education and become a local high school music teacher. His scholarship was awarded by BPHS President Craig Exner.
Tristan Baker received the Lynda Minchew Memorial scholarship. He plans to use the $500 scholarship to further his plans to enter the ministry. The scholarship was presented by Minchew’s daughter Kristen Dodd and son Brian Dodd.
Submitted photos for NorthEscambia.com, click to enlarge.
Teen Sentenced To Life For Ensley Burning Death
May 7, 2013
An Escambia County woman has been sentenced to life in prison for the 2010 fatal beating and burning of a 19-year old woman.
Britnee Miller, 19, was given life without parole by Judge Gary Bergosh after her plea to first degree murder and kidnapping in the death of 19-year old Audreanna Zimmerman in March 2010. Zimmerman was beaten and burned in an Ensley field; she died 16 days after the attack. .
Miller’s mother, Tina Brown, was sentenced to death in the case, and Heather Lee was given a reduced sentence of 25 years on a second degree murder charge and testifying against Brown.
Medicaid Managed Care Plan To Begin In August
May 7, 2013
Two years after getting approved by lawmakers, Florida’s shift to a statewide Medicaid managed-care system will start Aug. 1 for seniors who need long-term care in the Orlando area.
The state Agency for Health Care Administration held a contract-signing ceremony Monday with seven health plans that eventually will provide long-term care services to about 85,000 people across the state. That is the first part of a long-debated Medicaid transformation that also will later include the broader Medicaid population.
Such a contract-signing ceremony is unusual in state government but was an indication of the emphasis that Gov. Rick Scott’s administration has placed on revamping Medicaid.
“This is a major milestone along the way to the statewide Medicaid managed-care program,” said Justin Senior, an AHCA deputy secretary who directs Medicaid.
Federal officials in February approved the long-term care portion of the Medicaid changes, though AHCA had already gone through a lengthy process in which health plans bid for contracts in 11 regions of the state. The seven companies that received contracts in all or some of the regions were American Eldercare, Amerigroup Florida, Coventry Health Care of Florida, Humana, Molina Healthcare of Florida, Sunshine Health and United HealthCare of Florida.
Also, another plan, Little Havana Activities and Nutrition Centers of Dade County, has filed a bid protest in the state Division of Administrative Hearings. If is successful, it could receive a contract in a region that includes Miami-Dade and Monroe counties.
The basic concept behind the long-term care portion of the Medicaid changes is that managed-care plans will be able to better coordinate services, which could help seniors and people with disabilities stay in their homes instead of having to move into nursing facilities. Ultimately, that could help hold down state costs in the Medicaid program, as nursing-home care is typically more expensive than home- and community-based services.
AHCA will start the changes Aug. 1 in a central Florida region that includes Orange, Brevard, Osceola and Seminole counties. The long-term care changes will gradually expand to other areas and are expected to be in place statewide by March 2014.
Florida has long operated what is known as a “nursing home diversion” program, which is a smaller-scale version of the statewide long-term care system.
American Eldercare, for example, already provides services in the diversion program and has received contracts in all 11 regions of the new managed-care system. Robert Schemel, president of the company, said the biggest difference with the new system will be the volume of people served.
Lawmakers and Scott in 2011 approved a plan to transform Medicaid into a statewide managed-care system, despite opposition from some groups that argued HMOs could shortchange the care people receive.
The state submitted applications to the federal Centers for Medicare & Medicaid Services in August 2011. While it has received approval to move forward with the long-term care portion of the plan, it is still waiting for a final sign-off on the broader Medicaid population — though federal officials sent a letter earlier this year indicating that such approval was near.
by The News Service of Florida
FHSAA: High School Athletes ‘Spared’ Negative Legislation
May 7, 2013
Florida High School Athletic Association Executive Director Roger Dearing called it “gratifying” that the legislative session ended without passage of a bill that would have given state lawmakers more control over the organization that has overseen high school sports for nearly a century.
“We understand that many of the legislators who supported the proposal were doing what they thought was best for high school athletics, but it would have opened the door for a few adults and athletes to build powerhouses while those who respected the rules of fair play were left behind,” Dearing said in a statement following Friday’s session ending.
The measure by Lakeland-area lawmakers to assert more state control over FHSAA failed to be heard on the Senate floor after winning approval from the House. Sen. Kelli Stargel, R-Lakeland, the sponsor of the Senate version of the bill, has said the proposal will return next year unless the FHSAA shows a willingness to abide by the desires of legislators.
The bill would have expanded the ability of students to transfer schools during the school year, given charter and home school students more opportunities to play for public school teams, altered the makeup of the association’s board of directors, given school districts more say over athletic regulations in each county, and set a 2017 date to sunset the 93-year-old organization.
by the News Service of Florida
Weekend Burglary Puts Brakes On Molino Teen’s Championship Kart Racing
May 6, 2013
A weekend burglary has put the brakes on a Molino teen’s championship kart racing team.
Jarrett Parker, 18, is a star of sorts in the world of kart racing, winning state titles and racing his way to the top in several national events. But now his future in the hobby he loves so much is in doubt after someone stole about $12,000 worth of racing gear from his home.
The theft occurred from a workshop at the family’s home on Gibson Road in Molino sometime between about 10:30 Friday night at 6:30 Saturday morning — while the family was sleeping nearby.
“They did this with my wife and kids sleeping in the house, yards from the shop,” Jarrett’s father Scott said. “That just makes me angry that they were here with my family.”
A 2012 Elite Triton kart, five motors, cases of MAXXIS tires, tools and other items were taken from the workshop, while other items not related to kart racing like lawn equipment were left behind.
“We believe it is going to be someone connected to kart racing in some way,” Scott said. “They knew what to take….they passed over cheaper items and knew what brand names were more valuable.”
“This is heartbreaking. We sacrifice so much to do this with our kids and for someone to do this to kids is shameful,” mom Tammy Parker said.
Some of the stolen items, including three motors, belonged to Jarrett’s 10-year old teammate Chambers McGilberry of Selma, Ala. Jarrett Parker has been serving as a mentor for McGilberry for several months.
The burglary is under investigation by the Escambia County Sheriff’s Office. Anyone with information on the crime is asked to call the Sheriff’s Office at (850) 436-9620 or Gulf Coast Crime Stoppers at (850) 433-STOP.
Jarrett Parker Racing is offering a $1,000 for information that leads to the arrest and conviction of the person or persons involved in the burglary.
Pictured top: Molino’s Jarrett Parker (#46) leads the pack during a recent kart race. Pictured inset: Jarrett Parker (left) and teammate Chambers McGilberry. Photos for NorthEscambia.com, click to enlarge.
FHP Seeks To Identify Pedestrian Hit By Vehicle On Nine Mile Road
May 6, 2013
The Florida Highway Patrol is seeking the public’s help in identifying a pedestrian that was hit by a vehicle and critically injured early Sunday morning on Nine Mile Road.
The accident happened about 5 a.m. on Nine Mile at North Palafox Street. The FHP said 19-year old Richard D. Mumma of Pensacola was traveling east on Nine Mile Road when the unidentified pedestrian failed to cross in a marked crosswalk or yield to traffic when crossing the road. The pedestrian was pushing a shopping cart full of aluminum cans when he stepped into the path of Mumma’s 2006 Honda.
The pedestrian was transported to Sacred Heart Hospital in critical condition. Mumma and his passenger, 18-year old Lyndon E. Parmer of Pensacola, were not injured.
Anyone with information on a possible name for the pedestrian is asked to call Trooper Villalonga with the Florida Highway Patrol at (850) 484-5000 ext. 313. The pedestrian was described as a black male, about 60-years old.