Circuit Judge Blocks Florida Prison Privatization Plans
October 2, 2011
A Leon County circuit judge Friday has blocked a plan to privatize 29 prison facilities, ruling that lawmakers violated the Florida Constitution by approving the changes in the fine print of the state budget.
Judge Jackie Fulford’s ruling had an immediate effect: The Department of Corrections suspended Tuesday’s scheduled opening of bid proposals from companies that want to run the prisons.
Fulford, in a six-page order, said the constitution required lawmakers to change state law or use an already-existing department review process before privatizing the prisons. Instead, legislative leaders put the privatization plan in budget fine print, known as proviso language.
“Based on the record before it, this court concludes that if it is the will of the Legislature to itself initiate privatization of Florida prisons, as opposed to DOC (initiating it), the Legislature must do so by general law, rather than ‘using the hidden recesses of the General Appropriations Act,’ ” Fulford wrote, partially quoting a decades-old Supreme Court ruling.
Fulford’s order was a victory for the Florida Police Benevolent Association, which along with three correctional officers, challenged the plan this summer. The PBA has long fought prison privatization efforts, which eliminate state jobs.
“You’ve got 4,000 officers today (who) just breathed a sigh of relief,” PBA Executive Director Matt Puckett said shortly after Fulford released the opinion Friday morning.
An appeal is widely expected, though Department of Corrections spokeswoman Gretl Plessinger said officials were studying the ruling and “determining our options.” The department is the defendant in the lawsuit, though the Legislature approved the privatization plan.
House and Senate leaders also indicated they were reviewing the ruling. But Senate President Mike Haridopolos, R-Merritt Island, and House Appropriations Chairwoman Denise Grimsley, R-Sebring, disputed arguments that legislative leaders put the prisons plan in the proviso language with little scrutiny.
“The bottom line is that the language was approved through a public and transparent process,” Grimsley said in an e-mail. “Any accounts that the language was placed into proviso at the last minute are incorrect.”
Haridopolos said, in part, that the Senate’s budget proposal included proviso language about privatizing prisons before negotiations with the House began.
“Later, that proviso language was amended during the normal conference (negotiating) process — completely in the sunshine,” Haridopolos said in a statement released by his office. “It was not, as some reports have indicated, added in at the 11th hour of the legislative session.”
Puckett said the PBA had heard rumblings earlier about privatization but didn’t expect the plan to be so far-reaching. He described Fulford’s ruling as a “pretty strong condemnation on how they did this.”
Similarly, St. Petersburg Rep. Darryl Rouson, the ranking Democrat on the House Justice Appropriations Subcommittee, said a “full and fair debate is necessary” on privatization issues.
“Today’s ruling reaffirms that it is entirely inappropriate for legislative leaders to avoid a thorough debate about a controversial issue like prison privatization by tucking it in the fine print of the state budget,” Rouson said in a prepared statement.
The proviso language offered a roadmap to privatize prisons, work camps and other types of correctional facilities in 18 counties across the southern part of the state.
Jonathan Glogau, chief of complex litigation in the Attorney General’s Office, argued during a hearing Thursday that the proviso language did not ensure that privatization would occur.
The language called for the Department of Corrections to solicit proposals from private companies and then submit a plan to the Legislative Budget Commission by Dec. 1. If approved by the commission, the proviso said the department “may” award a contract to a private company.
But Fulford did not appear to buy that argument, writing that the proviso language “mandates that DOC privatize numerous facilities in a single procurement.”
Also, she said lawmakers did not follow a privatization process that already is in state law. That process gives the Department of Corrections a major role in doing analyses and deciding whether to move forward with privatization.
By Jim Saunders
The News Service of Florida
Birth: Lawyer James Sims
October 2, 2011
Wes and Kelly Sims of Uriah are proud to announce the birth of Lawyer James Sims. Lawyer was born on Wednesday, June 29, 2011, at Sacred Heart Hospital in Pensacola at 9:02 a.m. He weighed 8-pounds, 3-ounces and was 21 inches long.
Lawyer is the grandson of Billy and Dorthy Sims of McDavid, and Charles “Chuck” and Gayle Aldridge of Century. He is the great-grandson of the late Alton Thomas and Annie Lou Sims of McDavid, Mildred Croley and the late Raymond Croley of Century, the late Leon Aldridge of Prattville, AL, Louise Gardner of Prattville, and the late James Oliver “Pete” and Mary Mathis of Century.
Lawyer was welcomed home by his two big brothers Lane and Layton and his big sister Laurel.
Sheriff’s Office, Animal Control Seize Dozens Of Farm Animals
October 1, 2011
Authorities seized dozens of farm animals from the Cottage Hill community Friday.
The Escambia County Sheriff’s Office livestock officer removed about 20 goats, three horses and a miniature pony from a lot located in the 900 block of Williams Ditch Road, near Chavers Road. Escambia County Animal Control removed numerous animals — including ducks, chickens and a potbellied pig — from the property.
“We had been working on this case for quite a while,” said Diane Lowery, president of Panhandle Equine Rescue.
An Escambia County spokesperson said the property owner, Jiles Moorer, could be facing animal cruelty and abandonment charges because of the health of the animals. The case remains under review by the Escambia County Sheriff’s Office and the State Attorney’s Office.
For more photos from the scene, click here.
Pictured: Dozens of animals were seized from a lot on Williams Ditch Road in the Cottage Hill area Friday. Photos for NorthEscambia.com, click to enlarge.
Northview Falls To Gulf Breeze
October 1, 2011
The first home game of the season was a tough one for the Northview Chiefs Friday night in Brat as tje 1A Chiefs lost to the 5A Gulf Breeze Dolphins 49-14.
“Obviously we didn’t get it done in most areas tonight,” Northview head coach Sid Wheatley said after the loss to the Dolphins. “We didn’t have an answer for their offense — really they just hit us with big plays.”
For a NorthEscambia.com photo gallery from the game, click here.
Gulf Breeze took an early 7-0 lead with a 12-yard pass with 8:39 on the clock in the first quarter. With 2:55 in the first, Montaio Mitchell scored on a 2-yard run for the Chiefs, and Kevin Vaughan sailed the pigskin through the uprights to tie it up at 7-7.
Early in the second, quarterback Brandon Sheets was into the end zone from 40 yards out for the Chiefs. But the officials ruled he fumbled the ball to the Dolphins as he went down (pictured bottom of page). To add insult to injury, the Dolphin’s next drive ended with another score and a 14-7 Gulf Breeze lead.
Gulf Breeze scored again in the second quarter a couple of plays after a Northview fumble on second and goal at the 2-yard line. Northview answered in the third with a 5-yard run from Mitchell and another good kick from Vaughan. Gulf Breeze scored again twice in the fourth quarter.
“Offensively early in the game I thought we did some really good things,” Wheatley said. “If we had gotten the ball down in here deep early, it may have changed the whole complexion of the game and kept us right in it.”
Northview’s hopes for another trip to the state playoffs are still alive. The Chiefs (2-2) will be on the road down Highway 4 to play Jay (2-3) next Friday night in the first district contest of the year for either team.
“We will just have to bounce back,” Wheatley said the District 1-1A game. “If we want to get where we want to go, we’ve got to start with this district game. We’ve got to have a win: we’ve got to get better, a lot better next week.”
For a NorthEscambia.com photo gallery from the game, click here.
NorthEscambia.com photos, click to enlarge.
Prep Football Finals
October 1, 2011
Here’s a look at Friday night prep football scores from across the North Escambia area.
Florida
- Gulf Breeze 49, Northview 14 [Read more, photos...]
- Pine Forest 63, Tate 0 [Read more, photos...]
- Jay 33, South Walton 28 [Read more...]
- West Florida 35, Walton 0 [Read more...]
- Milton 14, Escambia 6
- Pace 33, Washington 7
Alabama
- Flomaton 42, Cottage Hill 0 [Read more...]
- Thomasville 38, Escambia County (Atmore) 15
- W.S. Neal 55, Monroe County 14
- T.R. Miller 14, Clarke 6
- Escambia Academy 60, South Choctaw 7
Jay Wins Homecoming Game Over South Walton 33-28
October 1, 2011
It was a happy homecoming for the Jay Royals Friday night as they beat South Walton 33-28 at Merle-North Stadium.
Royals sophomore running back Ricky Cofield had 192 yards and three TD on a career-record 31 carries. Cofield is about 50 yards shy of 1,000 on the season. Jay quarter back Tate Upton was 8 of 13 for 138 yards passing with a couple of touchdowns.
The Royals will host the Northview Chiefs next Friday night in the first District 1-1A game of the season for either team.
Photos: Jay High Homecoming Parade
October 1, 2011
The Jay High School Royals held their annual Homecoming Parade Friday afternoon.
For a photo gallery from the parade, click here.
Pictured: Friday afternoon’s Jay High School Homecoming Parade. Photos by Kelly Archer for NorthEscambia.com, click to enlarge.
Flomaton Gets 42-0 Homecoming Win Over Cottage Hill
October 1, 2011
The Flomaton Hurricanes picked up a big homecoming win Friday night over Cottage Hill, 42-0.
The Hurricanes’ Rhyeem Dixon threw for three touchdowns and had another 54 yards on the ground as undefeated Flomaton picked up win number six for the season.
Dixon’s first TD of the night was a 54-yarder with Neiko Robinson, and he hit Jacob Newton for touchdowns of 64 and 68 yards.
Robinson intercepted a Cottage Hill pass and returned it in the second quarter for a 28-0 Flomaton lead at the half. Dixon added another touchdown — a 54-yarder — in the third. The Canes sealed the shutout with a 3-yard touchdown from Dustin Postlewait.
Flomaton (6-0, 4-0) will visit No. 1 Leroy next Friday night.
Pine Forest Pounds Tate
October 1, 2011
The Pine Forest Eagles pounded the Tate Aggies 63-0 Friday night at Pete Gindl Stadium in Cantonment.
Pine Forest was ahead 35-0 by the end of the first quarter and up 56-0 at the half. Tate’s downward spiral began early — the Aggies fumbled the opening snap, with the Eagles recovering at Tate’s 12. After one more play, the Eagles were up 7-0.
The winless Tate Aggies will travel to Milton next Friday night for another 1-6A matchup.
For a photo gallery from the game, click here.
Photos by Gary Carnley for NorthEscambia.com, click to enlarge.
Friends, Family Remember Missing Teen Danielle Bell
October 1, 2011
Friends and family members held a candlelight vigil Friday night for Danielle Arion Bell, who has been missing for 10 years. The vigil was held at Bayfront Park in Pensacola.
The KlassKids Search Center also launched a new website on Friday seeking more information about Bell’s disappearance. BringDanielleHome.net includes more information about Bell’s disappearance and information on how to submit a tip to help find her.
Bell was 14-years old when she was last seen at a party September 28, 2001, in the 500 block of Cedar Tree Lane, between Highway 29 and Highway 95A in Cantonment.
Witnesses told authorities that Bell left a party with a man that was in his mid-twenties at the time. Escambia County deputies later questioned that man and searched his home, but he was never charged in connection with the case.
During the summer of 2007, Alfredo Gomez Sanchez, Jr. was charged with providing law enforcement with false information about his whereabouts at the time Bell disappeared. He was not implicated in her disappearance.
In October 2010, the Escambia County Sheriff’s Office Cold Case Unit served a search warrant at the home. As part of that search warrant, a septic tank behind the residence was pumped out, and dogs from Escambia County Search and Rescue were also used to search the area. Investigators said nothing was found, and they would not say what new information might have led to the search.
According to the Florida Department of Law Enforcement, Danielle has a scar on her right forearm and blue eyes. She had brown hair at the time of her disappearance. She would now be 24 years old. Danielle, whose nickname was “Dani”, was a member of the Tate Aggies cheerleading squad. The popular teen enjoyed dancing and drawing.
Anyone with information about Bell is asked to call the Escambia County Sheriff’s Office Major Crimes Unit at (850) 436-9580 or Crime Stoppers at (850) 433-STOP.
Pictured top: Investigators pumped and searched a septic tank at this home on Cedar Tree Lane in Cantonment in October 2010 in the case of missing teen Danielle Arion Bell. Pictured below: A search and rescue K-9 team was also on site. Pictured bottom: A septic tank company employee prepares to pump a septic tank at the home. NorthEscambia.com file photos, click to enlarge.
