Florida Gov’t Weekly Roundup: Redistricting Begins
March 19, 2012
Sharkey’s restaurant had just gone back to regular hours in the Capitol when lawmakers returned again this week to redraw political boundaries stricken a week earlier by the state’s highest court.
Though likely not to draw the crowds that kept the 10th Floor coffee bar pumping espresso at a Neapolitan clip, the special session on reapportionment did its part to extend the capitol’s busy season, assuring another week of more people in suits than kids in school groups.
The mission? Redraw at least a handful of state Senate districts that the Florida Supreme Court said did not adhere to a constitutional amendment meant to ensure that the most political of processes – the redrawing of political boundaries – was done in a non-political manner.
While the House apparently accomplished the task with Solomon-like effect, the 40-member Senate’s plan was rejected in a 5-2 ruling by the court.
While Republican leaders returned to fight another day, former state Sen. Nancy Argenziano dropped her lance midweek after a circuit judge ruled she cannot run for Congress as a Democrat The quotable former Republican had challenged her exclusion from what is already a crowded field of Democrats hoping to unseat freshman Republican U.S. Rep. Steve Southerland.
Other than that, the capital city was largely quiet following a legislative session that brought a smile to the face of Gov. Rick Scott, whose wish list was largely filled.
REDISTRICTING BEGINS
Following an expected course of action, the Florida Senate began looking Wednesday for ways to respond to the Florida Supreme Court’s decision to throw out the upper chamber’s redistricting maps, opening an extraordinary session to repair the plan.
Unlike the House, which received the high court’s blessing, the Senate plan did not comply with provisions of Amendment 5, which requires lawmakers to draw compact districts that favor no party or candidate.
Senate leaders said the court affirmed the lion’s share of the Senate map by specifically citing just eight districts in its ruling. Changes could be narrowly aimed at fixing those districts – though minor changes in a district’s lines, by necessity, affect neighboring districts.
Still, the Senate said it will try to hone in mostly on the eight problem areas.
“If you know that 32 seats have met the criteria, why upset those 32 if you possibly can (avoid it)?” said Senate President Mike Haridopolos, R-Merritt Island.
Critics, however, said that might not prove possible.
“There is no such thing as tweaking the map,” said Florida Democratic Party chairman Rod Smith.
Along with the physical lines, the numbering of the districts is also a disputed factor. All 40 Senate districts are up for re-election this year, meaning that some senators will be elected to two-year terms and some to four-year terms.
Because of that, the districts can be numbered in such a way that most members of the chamber could serve for up to 10 years — longer than the constitutional, eight-year term limit for lawmakers.
The question now is how to allocate the numbers – in other words, how many and which should get an extra two years.
Justices said that was a problem with the plan too.
“Adopting a renumbering system that significantly advantages incumbents by increasing the length of time that they may serve by two years most assuredly favors incumbents,” Justice Barbara Pariente wrote, referring to one of the things the new amendments proscribe, helping out current seatholders. “Further, purposefully manipulating the numbering of the districts in order to allow incumbents to serve in excess of eight years would also appear to frustrate the intent of the voters when the term limits amendment was adopted.”
But in his dissent, Chief Justice Charles Canady said the majority was reaching — noting that the length of the terms doesn’t actually make it easier for any member of the Senate to win re-election.
“The numbering of the Senate districts is totally unrelated to any advantage incumbent senators will obtain vis-a-vis challenger candidates,” Canady wrote.
The session was barely noticeable this week – because lawmakers didn’t really do much. The new version of the Senate maps will be drawn up by staff this weekend, with a discussion of it and vote on it planned for Tuesday in the Senate Reapportionment Committee. With a floor vote in the Senate planned by the end of the week, the House would then be able to follow suit with a pro forma vote on the new plan by the end of the month.
COURT: ARGENZIANO CAN’T RUN AS A DEM.
For at least one candidate, the upcoming decision over whether the state drew Congressional boundaries in a fair way will have little effect because the former Republican found out this week she can’t run in the party with which she now identifies.
Argenziano wanted to join a Democratic primary field that now includes state Rep. Leonard Bembry, former Sen. Al Lawson, attorney Alvin Peters and environmental activist Jay Liles in the bid to unseat Southerland..
Argenziano, a political moderate who has done well with independent voters, had hoped she could do well in a race in which a plurality would be enough to advance into the general election.
She sued over a state elections law overhaul last year that requires candidates who want to run as a member of one party to have not been a member of another party for at least one year before qualifying – about 17 months before an election.
Circuit Court Judge James Shelfer said Argenziano did not prove that she had a “fundamental right” to run as a Democrat — something that would have required the state to prove that the elections law was constitutional. And, she had not proven the law was unconstitutional.
After having some time to think, following the ruling, Argenziano said she would not continue to fight the law.
“The cost to appeal is too much, as well as the time involved,” she wrote on her Facebook page. She’ll likely still run as a member of the Independent Party.
While Argenziano continues to think about a new job, many Floridians have already found one.
Statistics released this week show the state’s unemployment rate in January fell to its lowest level in three years. The 9.6 percent rate was 0.3 percentage points lower than December and a hefty 1.3 points below January 2011.
QUOTE OF THE WEEK: “Contrary to what Senator (Don) Gaetz suggests, the score is not 32-8. The score is 0-1.” Florida Democratic Chairman Rod Smith talking about the Republican way of looking at its loss in the Supreme Court over the district maps, versus the Democrats’ perspective.
STORY OF THE WEEK: Lawmakers returned for an extraordinary session to redraw state Senate maps after the chamber’s initial attempt got shot down by the Supreme Court.
By The News Service of Florida
Escambia Murder Under Investigation
March 18, 2012
An overnight murder in Escambia County is under investigation.
The Escambia County Sheriff’s Office responded to a fight at the Oakwood Terrace Apartments off Truman Avenue about 1 a.m Sunday. They did not find anyone hurt at the apartments.
But someone had driven 22-year-old Shernique Kemp to Sacred Heart Hospital where she died from multiple stab wounds. Authorities said she received the injuries in the Oakwood Terrace fight.
Kemp was a resident of Merito Street, several miles from Oakwood Terrace. Deputies are not sure who stabbed her, and their investigation is continuing.
Senate Maps Carve Out New Escambia, Santa Rosa Districts
March 18, 2012
The chairman of the Senate Reapportionment Committee unveiled a new proposal for his chamber’s legislative districts Saturday in an effort to answer criticisms from the Florida Supreme Court, which rejected the original plan last week.
The plan creates a new District 1 for Escambia and Santa Rosa counties that also includes a portion of northern Okaloosa County — and Baker, the home of Sen. Greg Evers.
Sen. Don Gaetz, R-Niceville, said the new maps would meet the rules laid out in the anti-gerrymandering Fair Districts Amendments approved by voters in a 2010 referendum.
“The districts were redrawn, along with any affected districts, in accordance with constitutional standards as defined by the Supreme Court,” Gaetz wrote in a memo accompanying the release.
The Supreme Court threw out the plan because of problems in eight districts, though Gaetz’s plan would also shift other lines to offset population changes in districts struck down by the ruling. All Senate districts are supposed to have relatively equal populations under both the Fair Districts standards and the equal protection clause of the U.S. Constitution.
The previously-drawn Panhandle districts of Gaetz and Evers were struck down for being drawn horizontally instead of vertically. The new map would align the two districts more vertically, but would keep Gaetz, the Senate president-designate, and Evers from a faceoff by splitting Okaloosa County in half horizontally along I-10, with the exception of aligning Crestview with the more southern District 3.
Under the plan unveiled by Gaetz on Saturday, 25 of the Senate districts would have been won by Gov. Rick Scott in the 2010 election; Alex Sink, his Democratic opponent, would have carried 15. The original map had a 26-14 edge for Republicans, who currently hold a 28-12 advantage in the upper chamber.
Gaetz also said that the numbering system for Florida districts — thrown out because it would have given many of the chamber’s members up to 10 years in office instead of the constitutionally-mandated eight — would be determined by a pair of public, random drawings.
The Florida Democratic Party, which argued against the maps at the Supreme Court, blasted the new plan.
“The map Sen. Don Gaetz has proposed brings us no closer to complying with the court’s ruling and is nothing more than a thinly veiled attempt by the GOP Senate leadership to stall the implementation of Fair Districts and cling to their gerrymandered power,” said Chairman Rod Smith in a statement issued by the party. “Not only have they thwarted the will of 63-percent of Florida voters, they are now thumbing their nose at Florida’s Supreme Court.”
Gaetz said lawmakers should offer any amendments to the plan by noon Monday; the Senate Reapportionment Committee is set to meet Tuesday.
The News Service Florida contributed to this report.
Investigation Continues: Body Found In Escambia Bay
March 18, 2012
The investigation is continuing today after a body was found Saturday morning in Escambia Bay.
Boaters found the floating north of the I-10 bridge and south of the train trestle on the Santa Rosa County side of the bay. Investigators say it appears the body had been in the bay for a “lengthy” period of time.
The Santa Rosa County Sheriff’s Office was dispatched about 11:30 a.m. to the Archie Glover Boat Ramp located off of Avalon Boulevard at I-10 in reference to boaters discovering a dead body floating in Escambia Bay.
The boaters that discovered the body waited at that location so that deputies would know where to respond to find the body. Deputies and rescue personnel went to the location of the discovery with the assistance of Avalon Fire Department Resuce boats and found a human body.
No further information has been released.
Longtime Century Senior Advocate Retires
March 18, 2012
An longtime advocate for seniors in the Century area recently retired.
Arthetta Spencer retired from the Council on Aging of West Florida after 15 years of service. Spencer was the site manager at the Council’s Century Senior Center, which serves as one of the Council’s numerous congregate meal sites located throughout Escambia and Santa Rosa counties. The Congregate Meal Program provides seniors with noontime meals and an opportunity for fellowship and recreational and educational activities.
Spencer, who turned 80 this year, was instrumental in working with the City of Century to obtain property in the Industrial Park, which enabled the Council to build a senior center in Century. She arranged fundraisers that benefited both the center and the seniors who participated in center programs and activities.
Through her many years of living, working and volunteering in the Century area, Arthetta was uniquely familiar the needs of the people and seniors in the community. She worked to get a large number of voters registered to vote in local, state and federal elections. She helped people sign up for GED classes, and worked to recruit and motivate residents to clean up the community through the Clean Up Century Organization.
Pictured top: Council on Aging Director of Community Services Margaret Jerauld (left), retiree Arthetta Spencer and Council President/CEO John B. Clark. Submitted photo for NorthEsambia.com, click to enlarge.
Baseball: Northview, Tate, Flomaton, Escambia Academy
March 18, 2012
T.R Miller 9 — Northview 2
T.R. Miller 13 – Northview 2
T.R. Miller took two from the Northview Chiefs during a Saturday doubleheader in Bratt. Miller won the first game 9-2 and the second game 13-2.
Northview will host Freeport Tuesday afternoon, with the JV playing at 4:00 at the varsity taking field at 6:00. On Thursday, the Chiefs will hit the road for Central High School in Santa Rosa County.
Tate 5 — Glenwood (Ala.) 4
The Tate Aggies improved to 9-0 Saturday with a 5-4 win over Gleenwood (Ala.) High School. Next up for the Aggies is The Acentria/Aggie Classic this Monday through Thursday.
Flomaton 10 – J.U. Blacksher 0
Flomaton 12 — J.U. Blacksher 7
The Flomaton Hurricanes took two from J.U. Blacksher of Uriah on Friday in a baseball double header.
Zack Watson threw his second consecutive no-hitter Friday night. It only took the Hurricanes 5 innings to take down their area rivals the J.U. Blacksher Bulldogs 10-0. Jacob Newton had an outstanding night at the plate going 3-3 with HR, 2 doubles, and 4 RBIs. The Hurricanes improve their record to 10-3. Trevor Harris took the lose for the Bulldogs and Zack Watson was the winning pitcher and improves his record to 4-1.
Flomaton Batting- Andrew Cash 2-3 1B, 2B, RBI, 2 runs, 1 SB
James Dean 1-4 1B, 2RBI, 1 run
Hunter Bonds 2-3 2 1B, RBI, 1 run, 2 SB
Joseph Parker 1-2 1B, 1 run
Jacob Newton 3-3 HR, 2 2B, 4 RBI, 3 runs
Tyler Dove 2-3 2 1B, RBI
Trey Weeks 1-3 1B, RBI
Cody Nolan 1 run
Flomaton Pitching-Zack Watson 5IP, 7K, 1W, O hits allowed, CG
Flomaton beats J.U. Blacksher 12-7 in game two of the double header The Hurricanes had to fight back after going down 4-0 in the 3 inning. The Hurricanes showed heart by bouncing back and beating them 12 to 7. Tyler Harris got the win for the Hurricanes and got his first win of the year. Bryan James took the loss for the Bulldogs. The Hurricanes improved their record to 11-3 and are on a 10 game winning streak. Flomaton’s next game is Friday at Cottage Hill starting at 4 then at 6.
Flomaton Batting-Andrew Cash 1-2 1B, 3 RBI, 2 runs, SB
James Dean 1-3 1B, 2 runs, SB
Jacob Newton 1-3 3B, 3RBI, 1 run,
Tristan McAnally 1-2 1B, 1 run
Tyler Dove 1-3 2B, 1 run
Tyler Harris 1-2 1B, RBI, SB
Zack Watson 1 run
Flomaton Pitching-Joseph Parker 3IP, 4K,1W, 3ER, 2 hits allowed, ND
Tyler Harris 2IP, 2K, 0W, 1ER, 2 hits allowed, WP
James Dean 2IP, 5K, 2W, 2ER, 2 hits allowed, SV
South Choctaw 7 — Escambia Academy 5 (JV)
Escambia Academy 7 — South Choctaw 1
In varsity action, Escambia Academy defeated South Choctaw 7-1 on Friday. In junior varsity play, South Choctaw defeated the Escambia Academy Cougars 5-1.
Pictured top and top inset: Action as T.R. Miller faced Northview in Bratt Saturday. Pictured bottom at left: Escambia Academy versus Southern Choctaw. Submitted photos for NorthEscambia.com, click to enlarge.
Report: Florida’s Economy Faces Slow Recovery
March 18, 2012
Pointing to factors such as unemployment and relatively flat population growth, a new state report cautions that it will take time for Florida’s economy to bounce back.
“The job market will take a long time to recover — about 780,200 jobs have been lost since the most recent peak,” said the report, posted online this week by the Legislature’s Office of Economic & Demographic Research. “Rehiring, while necessary, will not be enough.”
The report indicates Florida trails much of the country in economic growth, personal-income growth and unemployment. It also says population growth — a major driver of the Florida economy — will average 0.85 percent between 2011 and 2014.
The report describes sales of existing homes as “sputtering” and says prices of those homes are flat.
“Florida (economic) growth rates are slowly returning to more typical levels,” the report said. “But drags are more persistent than past events, and it will take several years to climb completely out of the hole left by the recession.”
By The News Service Florida
No Foul Play: Body Found At Cantonment Winn Dixie
March 18, 2012
A body was found in a vehicle at the Cantonment Winn Dixie about 4:30 Saturday afternoon. The Escambia County Sheriff’s Office says the death was not the result of foul play.
Further details will not be released.
Poarch Man Sentenced To Federal Prison For Touching Young Boy
March 17, 2012
A federal judge sentenced a Poarch man to 18 months in federal prison for sexually molesting a young boy on the Poarch Creek Indian Reservation.
Dustin O. Raybon, 26, will also be required to register as a sex offender and will be supervised by the U.S. Probation office for the rest of his life. He is also forbidden to have unsupervised contact with children.
Raybon went to trial in November 2011 on charges of aggravated sexual abuse against three young relatives on the reservation. But during the trial, two of the young boys provided inconsistant testimony or had trouble remembering alleged events. The trial abruptly ended with a plea agreement between Raybon and the U.S. Attorney’s Office on a lesser charge.
Under that plea agreement, Raybon admitted to touching a 3-year old boy in 2003. During the trial a 13-year old also testified that Raybon touched him when he was 5 or 6 and an 8-year old claimed Raybon performed a sex act on him in April 2011.
The prosecution and the defense had both recommended that Raybon receive one year in prison for touching the 3-year old. Instead, U.S. District Judge Kristi DuBose sentenced him to 18 months, citing the seriousness of the crime. He will receive credit for nine months previous spent in the Mobile Metro Jail.
If he had not taken the plea agreement and had been convicted on all charges, Raybon could have received 30 years in prison.
3% State Employee Pension Headed To Supreme Court
March 17, 2012
A circuit judge’s ruling invalidating the state’s 3-percent employee pension contribution requirement will be decided by the Florida Supreme Court, an appellate court ruled Friday, passing the issue straight up to the state’s highest court.
In a short memo, the First District Court of Appeal said it would not rule on a decision made last week by Tallahassee Circuit Judge Jackie Fulford that invalidated a state law passed last year that requires employees to pay 3 percent of their salaries toward their retirement plans.
Saying the issue was of great public importance, the appellate court urged the Florida Supreme Court to step in now instead of waiting for the inevitable appeal after a ruling at the DCA level.
Friday’s announcement drew quick praise from the Florida Education Association, which sued over the pension contribution requirements.
“We’re pleased that this case will move more quickly toward its final resolution,” said FEA President Andy Ford. “This could help hundreds of thousands of middle-class Florida families who have seen their incomes tumble while the governor and legislative leaders handed out tax giveaways to corporations.”
Last week, Fulford barred the state from requiring employees hired before July 1, 2011, to contribute 3 percent of their income to their retirement plans. Her ruling also struck down a portion of the law that would reduce the cost-of-living increase for those employees.
Opponents of the law said they expect the state to continue withholding the 3 percent until the Florida Supreme Court rules on the issue.
The provisions struck down by Fulford’s decision were expected to save the state $861 million a year — money that would eventually have to be paid back if the appeal fails. It would cost counties around $600 million a year to have the changes reversed, likely leading to service cuts at the local level, according to local governments.
Gov. Rick Scott and the lawmakers who pushed the provisions in last year’s session said the changes were needed to bring public workers’ pension plans in line with the private sector and help patch a multibillion-dollar hole in the state budget. But Fulford said that was not a good enough reason to ignore a law that essentially casts the pension plan as a contract between the state and its workers.
“The Court cannot set aside its constitutional obligations because a budget crisis exists in the State of Florida,” Fulford wrote. She added that ruling for the state “would mean that a contract with our state government has no meaning, and that the citizens of our state can place no trust in the work of our Legislature.”
Scott told reporters last week that Fulford’s ruling “doesn’t make any sense” and said she had overstepped her bounds.
“This is writing the laws of the land,” Scott said. “That is wrong. And I’m very comfortable this will be held to be constitutional.”
By The News Service of Florida