State Prison Privatization Appeal Rejected
July 25, 2012
An appeals court Tuesday ruled against Attorney General Pam Bondi in a long-running battle about the Legislature’s attempt last year to privatize prisons across southern Florida.
The 1st District Court of Appeal rejected Bondi’s appeal of a circuit-court ruling that blocked the privatization plan from going forward. A three-judge panel ruled against Bondi on a procedural issue — saying she did not have the authority to file the appeal after the original state party in the case, the Department of Corrections, declined to do so.
“The secretary of the Department of Corrections, against whom the final declaratory and injunctive judgment was actually entered (in circuit court), has not appealed,” Tuesday’s opinion said. “Like any other non-party in the trial court, the attorney general lacks standing to initiate an appeal on her own.”
The decision was a victory for the Florida Police Benevolent Association, which filed the lawsuit last year after lawmakers included the privatization plan in budget fine print, known as “proviso language.” Leon County Circuit Judge Jackie Fulford ruled that it was unconstitutional to use proviso language to direct the changes, which would have privatized 29 prison facilities.
“This ruling (Tuesday) reaffirmed our argument that the attorney general did not have the authority to appeal the lower court’s decision,” Matt Puckett, the Florida PBA’s executive director, said in a prepared statement. “This was never more than the Legislature’s last-second attempt to privatize public prisons in South Florida.”
A spokeswoman for Bondi said the attorney general filed the appeal at the request of the Legislature.
“We respectfully disagree with the court’s decision to dismiss the appeal,” said the spokeswoman, Jenn Meale.
Regardless of the appeals-court ruling, the privatization plan was already all but dead. The proviso language expired June 30 with the end of the state’s 2011-12 fiscal year; lawmakers also failed in a separate attempt to pass a privatization plan during this year’s legislative session.
In a concurring opinion Tuesday, Judge Ronald Swanson cautioned that the decision did not resolve the broader question of whether lawmakers could make such policy changes in proviso language. Also, he wrote that the decision should not be construed as a limit on Bondi’s power to represent the state in lawsuits.
“This case does not serve as a precedent to limit or curtail the power of the attorney general,” Swanson wrote. “It is a well-settled principle of common law — a principle embodied by statutes — that the attorney general has broad authority to represent the people of Florida. Nonetheless, the attorney general has to follow the procedural rules; something she failed to do here.”
Bondi’s office represented the Department of Corrections in the circuit-court case, but the department declined to challenge Fulford’s ruling. The attorney general nevertheless moved forward with the appeal, which her office said at the time was done at the request of the Legislature.
Bondi’s office did not seek approval from the circuit court to formally intervene in the case, a move that the appeals court focused on during arguments in June.
“Not having moved to intervene as a party below, the attorney general lacked authority to initiate an appeal,” appeals-court Chief Judge Robert T. Benton wrote for the panel. “We are therefore without jurisdiction to review the trial court’s judgment, and the appeal must be dismissed.”
By The News Service of Florida
Former Band Director Speaks Out About Termination, Gun At School
July 25, 2012
The Flomaton High School band director fired Monday by the Escambia County (Ala.) Board of Education is speaking out through his attorney.
In a statement Tuesday afternoon from Brewton attorney Charles E. Johns, Jr., Lambert fired back at the BOE and their decision to terminate him for having a gun locked in a band room office while he and the band were on a school sponsored trip to Atlanta.
Johns said Lambert did not break any state or federal laws but was alleged to have violated a school board policy that provides that teachers or employees may be suspended or terminated for having a firearm on school property. He said the policy is different than the “zero tolerance policy” for students.
Lambert admitted to an “inadvertent” violation of the weapons policy and agreed to a 30 day suspension without pay to resolve the matter.
“The board was not flexible nor was it willing to discuss any sanction other than termination. The board chose to disregard Mr. Lambert’s 30 plus years of service and flawless personnel record and chose the politically expedient course of action which was termination,” Johns said.
Johns said it was unfortunate that the board of eduction chose to terminate Lambert, disregarding a public outcry to the contrary due to Lambert’s lengthy, 30-year plus career as an educator.
“I will consult with my client in the upcoming days and I would anticipate that we will appeal the unfortunate and misguided decision which we believe ignored both state and constitutional law,” Johns said on behalf of his client. “Additionally, we also believe the policy itself was legally flawed in its construction. The children of this county were not served by this decision. Rather than preparing for the upcoming marching season Mr. Lambert will be preparing for his appeal.”
The Escambia County (Ala.) Board of Education’s decision to fire Lambert was not unanimous. The termination recommendation from Superintendent Randall Little passed 5-1, with board member Cindy Jackson casting the dissenting vote.
Pictured: Former Flomaton High School Band Director John Lambert marches with the Hurricane Band in the 2011 Flomaton Christmas Parade. NorthEscambia.com file photo, click to enlarge.
Blue Wahoos Get Deal Extension With The Cincinnati Reds
July 25, 2012
The Pensacola Blue Wahoos joined with executives of the Cincinnati Reds organization today to announce the signing of a four-year extension of the Blue Wahoos’ player development contract with the Reds.
The agreement extends the existing one year contract because of the overwhelming success of the Pensacola Blue Wahoos organization, according to Reds management. Typically, PDC’s are extended for two or four years at a time, and in some cases, not at all. The four-year extension is seen as a sign of the confidence the Reds have in the Blue Wahoos ownership and organization, as well as the community support for the team.
“We have been very extremely impressed with the operation in Pensacola, from the terrific new facility to the first-class treatment of our players by Quint Studer, Bruce Baldwin and their entire front office and gameday staffs. We appreciate that they are as interested as we are in extending our agreement for at least 4 more years, because our relationship is a very good one,” said Walt Jocketty, Reds President of Baseball Operations and General Manager.
Pensacola Mayor Ashton Hayward welcomed the news as further evidence of the community’s progress.
“Throughout this season, we have built a great relationship with the Reds and the city of Cincinnati,” said Hayward. “The Blue Wahoos have quickly become another reason why Pensacola is a great place to live, work, and play, and this exciting announcement is the latest win in a very successful debut season. I want to thank Reds owner Bob Castellini and his front office for their confidence and investment in Pensacola and our Blue Wahoos.”
Wahoos owners Quint and Rishy Studer said the contract agreement is a win-win for the fans, the city of Pensacola, the Cincinnati Reds and the Wahoos.
“We are excited to build upon the success of this first year,” said Quint. “Rishy and I have always worked hard in our business and philanthropy efforts to improve the community, and we are happy that the Reds see this endeavor in the same light. We are grateful to the Reds’ organization for this extension, and they were a joy to work with. Our negotiations were open, never contentious and we achieved a win-win for everyone. The Reds are a great program to be a part of, and we really appreciated their collegial, upfront, and forthright approach,” said Studer.
The Reds organization commended the Wahoos organization for its positive effect on the community, the support of the fans selling out numerous home games, and the quality players on the team, some who have been called upon to compete in the Major League.
Currently the Pensacola Blue Wahoos are in a tight race with the Montgomery Biscuits and the Mobile BayBears for first place within the Southern League South Division Double-A league. The playoffs will begin in September.
Pictured: Reds owner Bob Castellini speaks at Tuesday’s press conference. Courtesy photo for NorthEscambia.com, click to enlarge.
Gas Prices Up, Economists Predict Tourist Lull, Slow Growth
July 25, 2012
Gas prices in the Escambia County area are up about 10 cents during the past week; that ’s about 15 cents over a month ago.
In the short term, economists believe the rising fuel prices will serve to curb those last minute summer vacation trips to Florida, including Escambia County and the local beaches.
Meeting this week to recalibrate earlier estimates on a host of indices from housing starts to unemployment, economists from the Legislature and the governor’s office made only minor changes to a forecast last revised in December.
The bigger economic picture remains largely unchanged, said Amy Baker, coordinator of the Legislature’s Office of Economic and Demographic Research. Florida is expected to avoid another recession, but the climb back remains slow.
“We are not expecting any dramatic changes in our previous forecast,” Baker said. “We are making some minor adjustments, but that’s about it.”
Compounding Florida’ recovery will be the situation in Europe, which is embroiled in debate over the structure and make-up of the European Union. The union is experiencing significant financial instability as it decides the fate of Greece and looks at other struggling countries that have become a drag on the economy.
Florida’s tourism industry may suffer as a result. European travelers have helped buoy the state’s multibillion-dollar market in recent years as favorable exchange rates have led many visitors to Florida’s shores. Such exuberance may ebb as economic uncertainty and a rising U.S. dollar make traveling more expensive.
Overseas tourism may drop by up to 2 percent over the next 12 months, before picking up again in 2014. It will not return to robust year-to-year growth until 2015.
“I’m seeing a decline through 2013 as Europe experiences the brunt of their recession,” said Clyde Diao, an economist in Gov. Rick Scott’s office.
One bright exception is Canada. Taking advantage of lower gas prices, the flow of Canadians to Florida would increase by nearly 6 percent by the end of 2013. The rebound would be welcome. Canadian tourism dropped 11.4 percent during the first three months of 2012, a drop largely due to high gas prices.
Job growth will remain sluggish as the state continues to claw its way back following a real estate and housing crash that began in 2007. Even the most optimistic projection has Florida’s unemployment rate above 6 percent until 2016.
Unemployment will gradually decrease over the next few years, fueled in part by a reduction in housing inventory and slowly rising home prices.
Sales and median prices of existing homes will continue to be soft, with another wave of foreclosures expected to temper the rising prices. Still, new home starts are up and point to a modest recovery in the construction sector, which has jettisoned nearly 25,000 jobs in the past 12 months.
The News Service of Florida contributed to this report.
Pictured: The price of a gallon of regular unleaded was at $3.35 Tuesday morning in Molino. NorthEscambia.com photo, click to enlarge.
Open House Held At Molino Tax Collector, Property Appraiser Offices
July 24, 2012
An open house was held Tuesday morning for the new Escambia County Tax Collector and Property Appraiser offices in Molino. The newly constructed new 7,000 square foot building has been open since July 2 at 6440 Highway 95A, next to the old Molino School.
For more photos, click to enlarge.
Pictured top: Customers are helped during an open house Tuesday morning at the new Escambia County Tax Collector Office in Molino. NorthEscambia.com photos, click to enlarge.
Driver Injured When Log Truck Overturns, Cited For Careless Driving
July 24, 2012
[Updated 3 p.m.] An Atmore man was injured when the log truck he was driving overturned this morning near Bay Springs.
The accident happened just before 9 a.m. on South Highway 99 near Sunrise Trail, just north of the railroad crossing. The Florida Highway Patrol said Danny Wayne Boyington, 48, was at fault in the crash.
Witnesses told the FHP that Boyington’s 2005 Freightliner was in both the north and southbound lanes as he traveled southbound and attempted to negotiate a curve. He over-corrected, ran off the paved portion of the roadway and overturned onto the shoulder of the road.
Boyington was transported by Escambia County EMS to Molino and then airlifted by LifeFlight to a Pensacola hospital. His injuries were reported by the FHP to be minor.
There were no other vehicles involved.
The Molino and Cantonment stations of Escambia Fire Rescue also responded to the crash.
Pictured top and below: The driver of this log truck was seriously injured in this Tuesday morning crash. Pictured inset: The driver was airlifted to a Pensacola hospital. NorthEscambia.com photo, click to enlarge.
One Injured In Rollover Crash Near Cantonment Post Office
July 24, 2012
One person was seriously injured in a single vehicle rollover accident early Tuesday morning on Highway 29 near the Cantonment Post Office.
A male, about 26 years old, lost control of his vehicle which flipped into a ditch and came to rest upside down. The man was briefly trapped in his vehicle following the 2 a.m. crash. He was extricated in just a few minutes and transported by Escambia County EMS to Sacred Heart Hospital.
The accident remains under investigation by the Florida Highway Patrol. The Ensley and Cantonment stations of Escambia Fire Rescue and the Escambia County Sheriff’s Office also responded to the early morning crash.
Pictured: One person was injured in this single vehicle rollover accident early Tuesday morning near the Cantonment Post Office. Reader submitted photo for NorthEscambia.com, click to enlarge.
Mom Busted For Letting Child, 10, Drive From Taco Bell, Across 9 Mile
July 24, 2012
A Cantonment woman was arrested after allowing her 10-year old son to drive away from a Taco Bell and across a busy major highway.
A witness called the Escambia County Sheriff’s Office to report a young child driving a Buick Century on Chemstrand Road. When deputies found the car, it was stopped in the parking lot of a shopping center across Nine Mile Road from the Taco Bell restaurant. They found 46-year old Janice Louise Pauley behind the wheel smoking a cigarette and the 10-year old boy in the backseat.
The boy told deputies he had driven across Nine Mile Road from the Taco Bell because he wanted to learn to drive, a Sheriff’s Office report states.
Pauley told deputies that she first said no when the boy asked to drive. But when he asked again, Pauley told deputies, she agreed to let him drive away from the Taco Bell and across the four-lane highway.
Pauley was charged with felony child neglect without great harm and given a traffic citation for permitting an unlicensed minor to drive.
Grand Jury To Review Allegations Against Sheriff Candidate
July 24, 2012
ARCHIVED STORY — July 24, 2012
Next week, a grand jury will decide if criminal charges are warranted against John Powell, a candidate for Escambia County Sheriff, based upon allegations made by the incumbent sheriff.
State Attorney Bill Eddins announced Monday afternoon that allegations against Powell involving possible campaign finance violations will be presented to a grand jury on Monday, July 30. Powell is alleged to have accepted cash donations over the legal limit, according to Eddins.
The allegations were raised to the State Attorney’s Office in a letter from incumbent Sheriff David Morgan. Monday afternoon, Morgan said he would not comment further on the case because of its pending status.
“While I am acutely aware of the political implications of this letter and request, both you and I are sworn to uphold (enforce) laws, regardless of the timing, when made aware of such violations,” Morgan said in a letter to Eddins.
In the letter, Morgan lists about 30 cash contributions made to Powell’s campaign that were in excess of the $50 per person cash limit. Campaign finance documents at the Escambia County Supervisor of Elections Office show cash contributions to Powell’s campaign in excess of $50 in amounts that ranged from $65 to $230.
“This information was brought to my attention by another elected official. And upon further investigation, through public records posted on the Supervisor of Elections Website, it appears that John Powell’s campaign is engaged in an ongoing course of conduct in violation of Florida’s Election Law’s specific limitations on cash contributions,” Morgan wrote.
“As you can surmise, this is no small amount and is indicative of an ongoing flagrant disregard for the very statutes one swears to uphold,” Morgan continued.
Powell said Monday afternoon that he has cooperated fully with the State Attorney’s Office investigation and that any mistakes were just that — honest mistakes that were being corrected with any cash contributions in excess of the $50 rule being refunded to contributors.
Powell said Morgan’s campaign had also accepted cash donations in excess of $50 and had then issued refunds.
“We are looking forward to the facts coming out; there was no intent,” Powell said. “We will continue to cooperate with the State Attorney’’s Office and the Supervisor of Elections.”
If the grand jury should find any wrongdoing on Powell’s part, Eddins said he would not expect any resolution to the case before the August 14 primary. “If any charges were to be presented, it would take two or three weeks for an arraignment and several months before any trial,” Eddins said.
Florida law says accepting cash campaign contributions in excess of the maximum allowable amount is a misdemeanor, punishable by up to one year on jail or a $1,000 fine.
Escambia Academy Student, Football Player Killed In Wreck
July 24, 2012
An Escambia Academy student and football player was killed in a two vehicle crash Monday afternoon in Crenshaw County, Ala.
Noah B. Allison, age 17 of Troy, was killed when his 2011 Chevrolet Camaro collided with a 1998 International semi truck hauling batteries that was driven by 61-year old James R. Barnett of Banks, Ala. Barnett was treated and released.
The accident happened about 4:45 p.m. on Highway 29 near Goshen Road in Crenshaw County, about three miles east of Luverne, Ala..
Allison recently transferred from Charles Henderson High School in Troy to Escambia Academy near Atmore, following EA’s new head football coach Hugh Fountain. Allison was a lineman last season for the Charles Henderson Trojans under Fountain’s leadership.
The accident remains under investigation by Alabama State Troopers.