Election Watch: 6 Of 9 Amendments Face Challenges Before High Court
August 4, 2010
The fate of several proposed constitutional amendments lies with the Florida Supreme Court after six of nine proposals set for the November ballot wound up facing legal challenges.
Property taxes, health care, legislative redistricting and class size requirements have all become the subject of challenges in the past two months. And it seems likely that the Supreme Court will be tasked with resolving them all before the November election.
Two amendments, one to repeal the campaign finance law providing public funding to state candidates and another that provides an extra property tax exemption to active duty military members who served outside of the United States, have not faced opposition.
A third proposal, Amendment 4, has been the target of complaints filed with the Florida Elections Commission. But the growth management initiative remains on the ballot after surviving a series of legal challenges over the past several years.
The remaining proposals, however, now find themselves before the state’s highest court.
-Amendment 3 would allow buyers who have not owned a home for eight years the chance to gather an additional homestead exemption on property purchased in Florida after Jan. 1, 2010. The Florida AFL-CIO and a Jacksonville homeowner challenged the amendment, which Tallahassee Circuit Judge John Cooper ordered off the ballot. Cooper ruled the proposed amendment’s ballot title and summary do not mention the effective date, which could lead voters to incorrectly assume they were eligible for additional homestead exemption benefits, which are limited to buyers of homes purchased after Jan. 1, 2010. The court is slated to hear arguments on the issue Aug. 18.
-Amendments 5, 6 and 7 all deal with drawing of Florida’s legislative and congressional districts. Amendments 5 and 6 are the products of FairDistricts.org, a grassroots organization that was attempting to “remove politics” from the process by spelling out boundary drawing rules, including prohibitions against favoring incumbents or political parties when drawing districts. Amendment 7 is the Legislature’s counter proposal to the FairDistricts.org. The Legislative proposal would create certain requirements for how to draw the lines, even if those requirements conflict with the FairDistrict amendments. Leon County Circuit Judge James Shelfer tossed the amendment. Saying he couldn’t understand it, Shelfer ruled he could not expect voters to either. The Supreme Court will hear arguments on Amendment 7 and has ordered a stay on Amendments 5 and 6, pending their review.
-Amendment 8 would revise the restrictions on class sizes in Florida schools put into the Florida Constitution in 2002. Currently, individual classrooms are capped at certain levels. School administrators say the requirement is too stringent and could cause problems if a student moves into a school mid-year and classrooms are at maximum capacity. The Florida Education Association has filed suit alleging the proposal is misleading by failing to inform voters that it relaxes restrictions placed on class sizes by voters in 2002. FEA lawyer Ron Meyer said lawyers have a status conference set for Thursday that will likely yield a hearing date.
-Amendment 9, proposed by the Florida Legislature, would try to exempt Floridians from the health care overhaul pushed for by President Barack Obama. Shelfer struck the proposal from the ballot July 29, calling it “manifestly misleading” to voters. The Florida Attorney General has filed an appeal with the Florida Supreme Court, but a date for oral arguments has not yet been set. Sen. Carey Baker, R-Eustis, who sponsored the amendment in the Senate, released a statement Tuesday saying Floridians should have the right to vote on health care choices. “The Supreme Court should do everything in its power to ensure that the people of Florida have the opportunity to vote on Amendment 9, instead of robbing them of their right to vote like the lower courts did,” he said.
By Kathleen Haughney, The News Service Florida
Railroad Crossing Signal To Be Installed In Walnut Hill
August 4, 2010
A railroad crossing signal will be installed on Pine Forest Road in Walnut Hill.
The Florida Department of Transportation will fund the $195,000 estimated cost to improve the the Alabama & Gulf Coast Railway crossing. Escambia County and Alabama & Gulf Coast will split the $3,146 annual maintenance for the crossing controls.
The railway, Pelt Road and Rockaway Creek Road all intersect Pine Forest Road over about a 200 foot span, in what is almost a three-way intersection with the railroad tracks in the middle. The crossing is about two miles from Highway 97.
Pictured above: A railroad crossing signal is planned for Pine Forest Road near the intersections of Pelt Road and Rockaway Creek Road. NorthEscambia.com photo, click to enlarge.
Latest Stats: Republicans Outnumber Democrats In Escambia, Santa Rosa
August 4, 2010
Escambia and Santa Rosa County Republicans hold a strength in numbers advantage heading into the primary elections later this month — especially in Santa Rosa.
There are 197,222 registered voters in Escambia County, with 85,376 (43.29%) Republicans. There are 77,671 (39.38%) Democrats in Escambia, along with 6,037 (3.06%) minor party members. Of Escambia’s registered voters, 14.27% (28,135) claim no party affiliation.
But in Santa Rosa County, Republicans hold a huge lead over Democrats. Of 111,528 registered voters in Santa Rosa County, 62,814 (56.3%) are Republicans. There are 28,389 (25.4%) Democrats registered to vote in Santa Rosa County. Another 16,545 (14.8%) consider themselves non-partisan, while 3,780 (3.4%) are members of minor parties.
The primary election is August 24.
One Injured In Highway 29 Rollover Crash
August 3, 2010
One person was injured in a single vehicle rollover accident on Highway 29 south of McDavid Tuesday afternoon.
The accident happened shortly after 4 p.m. south of Bogia Road. The drive of the SUV apparently lost control and flipped. She was transported by ambulance to Baptist Hospital in Pensacola.
The McDavid Station of Escambia Fire Rescue, Escambia County EMS, the Escambia County Sheriff’s Office and the Florida Highway Patrol responded to the crash.
The accident is still under investigation by the FHP.
Pictured above: One person was injured in this single vehicle accident on Highway 29 south of McDavid Tuesday afternoon. The vehicle had been flipped upright prior to this photo to remove it from the roadway. NorthEscambia.com photo, click to enlarge.
Man Charged With Murder After Beating Victims Dies
August 3, 2010
Escambia County has recorded its 14th murder of the year after a man beaten last Thursday passed away Tuesday morning.
Donald Stanley Verne, 49, is facing in open count of murder for the death of his landlord, Peter Delmonico, 51. Delmonico died about 12:05 a.m. Tuesday, according to Sgt. Ted Roy, spokesperson for the Escambia County Sheriff’s Office. Verene (pictured) allegedly struck Delmonico in the head with a piece of lumber about 6:30 p.m. on July 29 at his Queens Court home, near Old Corry Field Road.
Authorities reported finding blood on Verne’s clothes and a blood-stained piece of lumber in Verne’s mobile home, which he rented from Delmonico.
Verne is due to appear in court on August 9. He remains in the Escambia County Jail with no bond.
Two Injured In Highway 29 Crash
August 3, 2010
Two people were reported to be injured in a two vehicle traffic accident Tuesday morning on Highway 29. The injuries were not considered life-threatening.
The accident happened just before 8 a.m. at Highway 29 and Mystic Springs Road.
The Century and McDavid stations of Escambia Fire Rescue, the Escambia County Sheriff’s Office and the Florida Highway Patrol responded to the crash.
Century’s Newly Hired Town Clerk Leaving
August 3, 2010
Century’s newly hired town clerk is leaving, just a few weeks after the assistant town clerk called it quits.
Darlene Peters, who was hired back in June, is leaving because her husband accepted an out-of-state job, according to Mayor Freddie McCall. She will remain on a part-time basis temporarily as she works to complete a degree at an area college while the town works to hire another clerk.
McCall said he has a “couple of good” prospects to fill the position from the recemt pool of applicants from which Peters was hired. He said Monday night that he was not yet ready to recommend a replacement for Peters.
On August 16, the town council will consider paying consultant Debbie Nickles to work two days per week to keep the town current on grant applications while they are without a full-time clerk.
Deputy Town Clerk Karen Hughes resigned her position prior to the July 5 town council meeting. Christina Wood, a nine-year town employee, was promoted to deputy clerk.
In one other employment related action Monday night, the town voted to use a temporary agency to find a staffer to fill in for an employee that is currently pregnant and missing work on a regular basis.
Illinois Man Arrested In McDavid Battery Tries To Escape Deputy’s Car
August 3, 2010
An Illinois man is facing charges after getting into an altercation in North Escambia and then trying to escape from a deputy’s car.
Cecil Thomas Bolter, 29, is being held without bond in the Escambia County Jail on two counts of battery and one count of resisting an officer.
Escambia County Sheriff’s Office deputies responded to a disturbance in the 3400 block of North Camp Road in McDavid Sunday night. Bolter was accused by witnesses of hitting at least two women, ages 25 and 30. On ran from the residence with her kids, with Bolter allegedly in pursuit
The victims told deputies the argument began after a trip to the store to buy milk. Bolter told one victim to purchase beer with money belonging to the second victim, but she would not.
After being taken into custody, Bolter slammed his head into a patrol car window multiple times, according to deputies. He also used his feet in an apparent attempt to break-out a window in the ECSO cruiser.
“He attempted to kick myself and the other deputies at which time he was taken out of the vehicle and assisted to the ground where he was placed in leg irons,” according to an arrest report by Deputy Steve Kay. Once secured by the leg irons, Bolter started kicking the vehicle door again.
Bolter is due to make his first court appearance on August 25.
Escambia, Alabama Schools Fail To Make Adequate Yearly Progress
August 3, 2010
Accountability reports released Monday by the Alabama Department of Education showed that the Escambia County (Ala.) School District did not make Adequate Yearly Progress (AYP) as identified by the federal No Child Left Behind Act of 2001.
At the individual school level, Escambia County High School, Escambia County Middle School, W.S. Neal Middle School and W.S. Neal High School did not make AYP. After remaining the “school improvement” category for a fourth year, Escambia County High School will be forced to participate in a school choice program — allowing ECHS students to transfer to high performing schools in the district.
Across Alabama, there were 342 of 1,375 school that failed to make adequate yearly progress. Only 127 schools were designated as being in the school improvement category.
Flomaton Elementary School, Flomaton High School, Huxford Elementary School, Pollard-McCall Junior High School, Rachel Patterson Elementary School, A.C. Moore Elementary and W.S. Neal Elementary did make adequate yearly progress, according to the Alabama Department of Education.
AYP rankings are determined by a variety of factors, including reading and math test scores.
Barrineau Park Road Widening, Resurfacing Project Underway
August 3, 2010
A nearly $1.2 million project to widen and resurface a portion of Barrineau Park Road is now underway.
The $1,193,868.75 project was awarded in June to low bidder Roads, Inc. of NWF. Barrineau Park Road will be both widened and resurfaced from the Penasula Creek Bridge east to Highway 29. The project will also include culvert extensions and guardrail improvements. The improvements will be funded with Local Option Sales Tax funds.
Roads, Inc. will be required to keep two-way traffic open during all non-working hours and close one lane at a time during working hours.
Three other companies bid on the project: APAC Mid-South, Inc. at $1,330,480.91; Panhandle Grading and Paving at $1,417,775.67; and Gulf Atlantic Constructors, Inc. at $1,549,062.05.
Pictured: Crews work on Barrineau Park Road Monday afternoon. NorthEscambia.com photo, click to enlarge.