High Court Strikes Three Amendments From Ballot
September 1, 2010
The state’s highest court on Tuesday removed three lawmaker-orchestrated amendments from the November ballot, including proposals asking voters to block parts of the federal health care law and to preserve legislators’ ability to draw legislative districts in a certain way.
In three lengthy opinions, the seven-member Supreme Court rejected the Republican-led Legislature’s proposed ballot measures, ruling all of them were misleading.
The court left on the ballot two other redistricting-related amendments that were put before voters through the petition process. Those two amendments, 5 and 6, aim to prevent lawmakers from drawing districts that will favor themselves or their party – which legislators had argued was nearly impossible.
Amendments 5 and 6 had been challenged by two members of Congress. Amendment 7, the legislatively-written amendment removed from the ballot by the court on Tuesday, was a response to Amendments 5 and 6.
The court’s decisions drew anger from an array of GOP lawmakers who decried “activist judges” for overstepping the court’s bounds.
While careful to say he has respect for the judicial branch, incoming House Speaker Dean Cannon said the court’s rulings themselves were constitutionally suspect.
“It’s terribly disappointing to have the work of the legislative branch demolished by a co-equal branch of government, especially when there’s no express authority in the Constitution for their doing so,” said Cannon, who was the losing lawyer in the case over Amendment 7, having personally argued it before the court.
Cannon’s Senate counterpart, Senate President-designate Mike Haridopolos, was one of the most outspoken backers of Amendment 7.
“They’re clearly trying to legislate from the bench” said Haridopolos, R-Merritt Island, who chaired hearings on Amendments 5 and 6 that led lawmakers to create Amendment 7. “I believe in equal branches of government. It sounds to me like the court thinks it is more equal than the other branches.”
The Legislature’s redistricting proposal pitted lawmakers against a group called FairDistrictsFlorida that drafted Amendments 5 and 6, which if passed in November will require districts to be drawn in a way so as not to favor political parties or legislative incumbents.
U.S. Reps. Corrine Brown, a Jacksonville Democrat, and Mario Diaz-Balart, a Miami Republican, had sued to get Amendments 5 and 6 thrown off the ballot, saying they threatened minority interests by not allowing districts to be drawn to favor certain types of candidates.
The Supreme Court’s 22-page 5-2 decision said the Legislature’s proposed amendment could allow lawmakers to nullify a constitutional requirement that districts to be geographically contiguous – but didn’t make that clear to voters.
“This is a matter that should have been clearly and unambiguously stated in the ballot language,” the court wrote. “Failing this clear explanation, the voters will be unaware of the valuable right-the right to have districts composed of contiguous territory-which may be lost if the amendment is adopted.”
Justices Charles Canady and Ricky Polston, who were the two dissenting votes, completely disagreed with their colleagues’ argument that the contiguous requirement could be overridden, with Canady writing that the amendment would not “nullify, dilute, or alter this provision of the Florida Constitution.”
“Florida voters will now have a clear chance to vote yes on Amendments 5 and 6 on Nov. 2 and place rules into the Florida Constitution for politicians to follow when they draw the district lines,” said Ellen Freidin, campaign chairwoman for FairDistrictsFlorida. “These rules will stop politicians from drawing districts to favor themselves and will put the political power back into the hands of the people – where it belongs.”
In its ruling on Amendment 3 on property tax exemptions, the court agreed with Circuit Judge John Cooper that the average voter could easily be misled by the ballot title and summary, which was riddled with seeming contradictions and incongruities as to who qualified for the additional exemption.
Cooper ruled the measure’s ballot title and summary didn’t mention a Jan. 1, 2010 effective date, the absence of which could lead voters to incorrectly assume they were eligible for additional homestead exemption benefits. The proposal, which would offer qualified buyers an additional homestead exemption benefit, was crafted by lawmakers in 2009 to boost home sales.
Because of the omission, “voters may be misled into believing they qualify for the additional exemption when they do not, or conversely believe they do not qualify when they do,” the court wrote in the 5-2 opinion upholding Cooper. Polston and Canady dissented.
Amendment 9 grew out of Republican opposition to the Obama administration’s health care overhaul. The amendment would have tried to prevent Floridians from being compelled to participate in any health care system and sought to protect residents who want to opt out of a new federal requirement that they eventually buy health insurance or face penalties.
Circuit Judge James Shelfer killed that proposal, and the Supreme Court, in a 5-2 decision with Canady and Polston again dissenting, agreed that the ballot proposal did not pass constitutional muster and that the summary voters would see was a classic example of “flying under false colors.” The court also dismissed an idea by Attorney General Bill McCollum to put the entire amendment on the ballot to clear up any confusion.
“This Court does not have the authority to substitute the language that three-fifths of the members of the Legislature have voted to place on the ballot,” the majority wrote.
Rep. Scott Plakon, R-Longwood, who sponsored the health care amendment in the House said the opinion smelled of “judicial activism” and that it was “judges playing politics.” He also said that he would refile the amendment during the next legislative session and try to put it on the November 2012 ballot.
By Kathleen Haughney and Michael Peltier
The News Service Florida
Danceworks Registration Underway
September 1, 2010
Registration is underway for Heather Leonard’s Danceworks.
Heather Leonard, a dance teacher for over 20 years, will resume the role of dance director and ballet teacher for Danceworks. She said she is excited that her former student, Chelsea Sims, will be teaching the jazz and tap classes.
“The new Dancework’s dance classes have been scheduled to help dancers achieve excellence in dance. Some of the older students will have the opportunity to dance twice a week without paying the cost of a large dance school,” said Leonard, who has taught dance to hundreds of girls from North Escambia and surrounding areas.
Classes will be held weekly on Tuesdays and Thursdays at the Byrneville Community Center. Registration continues this week by mail, and classes begin September 7.
For a printable information sheet, schedule and registration form, click here. For further information, contact Heather Leonard at (850) 256-0948 or email heather@erec.net.
Pictured: Last year’s Heather Leonard Danceworks recital, courtesy Ramona Fischer for NorthEscambia.com, click to enlarge.
Flomaton JV Beats Uriah 30-0
September 1, 2010
The JV Flomaton Hurricanes picked up a big 30-0 win Tuesday evening in their season opener against J.U. Blacksher of Uriah. The JV Hurricanes will be on the road at Baker at 6 p.m. on September 7.
For more photos, visit www.mikenewtonphoto.com.
Submitted photos above and first photo below by Mike Newton Photography for NorthEscambia.com, click to enlarge. Bottom two photos (scroll down) by danaKateoriginals for NorthEscambia.com, click to enlarge.
Hospitals Going Smoke-Free
August 31, 2010
Sacred Heart Health System will go completely tobacco-free, indoors and out, at all of its facilities throughout Northwest Florida and Southern Alabama on Wednesday.
The new policy prohibits the use of any tobacco product on all properties owned or leased by Sacred Heart, including parking areas. The policy applies to patients, visitors, physicians, volunteers, vendors, tenants and employees.
“We know that tobacco is the leading preventable cause of death and disability in the United States,” said SHHS President and CEO Laura Kaiser. “Even exposure to secondhand smoke has devastating health consequences. Our goal in going tobacco-free is to help provide a safer environment for all who visit and work at our facilities.”
All three of Sacred Heart’s hospitals are host sites for “Quit Smoking Now,” a free, six-week series of smoking-cessation classes for those who want to stop smoking. The next session at Sacred Heart Hospital in Pensacola will begin in October. For more information on these free smoking cessation classes, which are available at locations throughout our region, call the Northwest Florida Area Health Education Center at 850-398-6965, or call the Florida Quitline toll-free at 1-877-822-6669.
Three Dead After Flomaton Traffic Crash, One Critical (Updated With All Names)
August 31, 2010
A wreck Monday afternoon in Flomaton has claimed the lives of three people, including a nine year old boy.
Family members say Stephen Carl Thompson, 33, and his son, Nathan, 9, died in the accident. Both Bay Minette residents were killed instantly in the horrific crash about 2:30 p.m. at the intersection of Highway 113 and Highway 31.
Alice Bradley Bradford, 79, of Pensacola, died Monday at Baptist Hospital. Her husband, Edward M. Bradford, 80, remained in critical condition Tuesday at Sacred Heart Hospital.
Thompson and his son were traveling north on Highway 31 in a maroon Mercury Grand Marquis when their vehicle was struck by a silver Mercury Grand Marquis driven by Alice Bradford. Both of the elderly victims were airlifted from the scene in critical condition by two separate LifeFlight helicopters.
For a NorthEscambia.com photo gallery from the scene, click here.
The impact of the crash pushed both vehicles off the highway into a service bay at Rowland’s Tires. Witnesses said they never heard the screech of tires as either car braked. All they heard was what sounded like an explosion.
Flomaton Fire Chief Steve Stanton was at the nearby firehouse when he was alerted to the crash. “I knew it was real bad when I got here,” he said. “I’ve seen a lot of bad wrecks. This was a real, real bad accident.”
Monday afternoon, many witnesses and emergency responders were quick to point out the number of severe accidents that happen at the intersection. In February, 2009, two Pensacola men died and three others were critically injured in a fiery crash when they failed to stop at the end of Highway 113 and plowed into a billboard support at the corner of the tire store. (Click here for photos from that wreck.)
The Flomaton Fire Department, Friendship Volunteer Fire Department, the Century, McDavid and Molino stations of Escambia Fire Rescue, D.W. McMillan Ambulance, Atmore Ambulance, Flomaton Police Department, Escambia County (Ala.) Sheriff’s Office and Alabama State Troopers responded to the crash.
Pictured: Three people died as a result of this wreck Monday afternoon in Flomaton. The bottom inset photo by Alisa Hart shows one vehicle after it was righted. NorthEscambia.com photos, click to enlarge.
North Escambia Student Numbers Hold Steady
August 31, 2010
The student population in North Escambia’s schools is fairly constant when compared to last year.
As of Monday, there were 5,896 total students enrolled in the North Escambia schools of Bratt Elementary, Bryneville Elementary, Jim Allen Elementary, Molino Park Elementary, Ernest Ward Middle, Ransom Middle, Northview High and Tate High. That compares to 5,941 students on the sixth day of school last year — a decrease of just 45 students.
Three schools recorded a slight increase in students — Jim Allen (+16), Ransom (+14) and Tate (+3). All of the other North Escambia Schools recorded a decrease in students this year compared to last — Bratt (-13), Byrneville (-8), Molino Park (-13), Ernest Ward (-37), and Northview (-7)
Overall, Escambia County lost 294 students when the 2009-2010 school year enrollment is compared to 2010-2011, with 38,988 students as of Monday.
Editor’s note: For the purpose of this story, we did not include the students enrolled in Pre-K programs at the elementary schools. The student count includes students in a traditional classroom setting, not that those in an alternative program like a virtual school or homebound.
Tate’s Lynsey Meharg Elected To FFA Post
August 31, 2010
Lynsey Meharg of Tate High School was recently elected Area I vice president for the Florida FFA.
The State Office Team was elected during the 82nd Annual Florida FFA State Convention in Orlando. A total of only eight officers were elected by their peers who served as official delegates in the convention.
The National FFA Organization, formerly known as Future Farmers of America, is a national organization comprised of over 500,000 students throughout the United States. Over 15,000 students in 320 chapters throughout Florida are engaged in a wide range of agricultural education activities, leading to more than 300 professional career opportunities in the agricultural industry.
New $320 Million Wastewater Plant Now Operating
August 31, 2010
The Emerald Coast Utilities Authority’s new Central Water Reclamation Facility in Cantonment began operations on Monday.
The first wastewater began to flow through the $320 million facility almost six years after Hurricane Ivan’s devastating impact on Northwest Florida and the ECUA’s Main Street Wastewater Treatment Plant. The new CWRF off Chemstrand Road is constructed to withstand Category 5 hurricane force winds of up to 190 mph, and the site is well above sea level, eliminating the potential of hurricane-related flooding.
It will take a few months before the entire system is fully functional, but it’s expected that all flow will be diverted from the Main Street Plant by January 2011. The rate at which the diversion flow is increased will be determined by how quickly the biological treatment is operating in its new environment at the CWRF. All reclaimed water from the CWRF will go directly to area industries — Gulf Power and International Paper — for use in their industrial processes. When not reused by industry, effluent will be disposed of on spray fields at the plant’s site.
Pictured above and below: The Central Water Reclamation Facility in Cantonment began operations on Monday. Submitted photos for NorthEscambia.com, click to enlarge.
Lady Chiefs Split Volleyball Matches With Catholic
August 31, 2010
The Northview Lady Chiefs Ninth grade team beat Catholic Monday afternoon on the volleyball court, while the JV and Varsity teams lost.
In the first game of the ninth grade match, Northview won by two points, 25-23. The Lady Chiefs took a big 11-point win the second game, 25-14. Mallory Wiggins had one kill, four aces and a block for the Chiefs (1-0). Paeton Hadley had one assist and a half dozen aces, and Ali Martin had four aces.
The Varsity Lady Chiefs lost three games to the Crusaders, 25-10, 25-14, 25,11. Shawna Montgomery had two kills, three assists and two blocks for the Varsity Chiefs (0-1). Kara Hardin had one ace, two assists and a dig, while Sarah Killam had 13 assists, one kill and a block.
The JV Lady Chiefs lost two games to Catholic, 25-5, 25-9. Sophomore Rebecca Masaitis had one dig for the JV Lady Chiefs (0-1).
The JV and Varsity teams will be in action again Tuesday at Jay beginning at 4:00.
Escambia County High Football Game Moved To Atmore
August 31, 2010
Escambia County High School’s football this week against B.C. Rain has been moved to Atmore Friday night, according to Head Coach Mark Heaton.
The game was first scheduled for Friday night at B.C. Rain. It was the moved to Thursday, but both teams agreed to move the game to the Blue Devil’s home turf this Friday night.
With the move, Escambia County’s schedule now includes five home games and five on the road.