I've been Invited to be the Leadoff Guest on 1370 WCOA's "Real News with Rick Outzen" Tomorrow at 7:00 AM

I'll be on the area's best morning news talk program, "Real News with Rick Outzen," at 7:00 tomorrow morning.  LOTS of big news to discuss and I will be prepared to discuss it all with Rick.  Tune in live! 

I've been invited to appear tomorrow morning at 0700  on the area's best, highest rated, most-trusted, least biased, least opinionated and most relevant morning-drive news program---"Real News with Rick Outzen" on the area's best news talk station--1370 WCOA.

I am certain we will discuss recent court rulings regarding the theft of county property, the upcoming board meeting next Thursday, recent happenings in the OLF 8 sale negotiations, The HUGE opening of the regional CRF facility in Escambia County, the Children's Trust/CRA issue, the upcoming primary election, and any/all other topics of interest Rick wants to discuss.

Tune in live at 7:00 AM.

It will be a very good discussion with LOTS of information passed.

I'll post the podcast here once Rick publishes it.

Escambia County's Central Receiving Facility will open Mid April

Today stakeholders and supporters of the regional Central Receiving Facility (CRF) in Escambia County met and toured the soon-to-open local CRF.

The facility--to assess and direct patients in mental distress-- is desperately needed locally, as currently Baker-Act patients often end up in emergency rooms of local hospitals where they exacerbate alreadly long wait times.  Additionally, if a Baker Act patient is brought to a hospital's emergency room by law enforcement officers--often the Sheriff's deputy or the Police Officer who brought the patient cannot leave until the patient is admitted to the hospital--which can take hours and hours.

At the new Central Receiving Facility operated by the LifeView Group---Law Enforcement Officers can bring Baker Act Patients to the facility and be released from the call within 7-14 minutes, according to staff who gave a tour of the facility today.  This will allow for the officers to return to duty in the field much quicker than under the current protocols.

Additionally--the CRF will allow for staff to quickly assess the patients and also to provide such individuals with an array of ongoing support services that may not be offered by a Hospital's ER staff members.

With this new facility, slated to be operational by April 15th, Florida will have about 14 such facilities total.

This arrangement, along with the associated support services, will allow the local hospitals to better serve all patients.  

Once the CRF goes live, all Baker Act patients will come first to the CRF, at which point their ultimate destination will be determined.  But in close proximity (within walking distance) to the new CRF are two facilities that can house for treatment on a short term basis as many as 65 patients.

Youth that are Baker Acted will be sent to Baptist Hospital, and the adult Baker Act patients that need to be hospitalized will go to Baptist Hospital and/or Florida West Hospital.

Mental Health continues to be a vexing issue locally--but thanks to all stakeholders who envisioned, championed, and ultimately funded and established this facilty--the processes will be smoother and more efficient for everyone involved.

Thanks to State Representative Michelle Salzman, State Senator Doug Broxson, Escambia County, Santa Rosa County, and the City of Pensacola for their contributions to the establishment of this facility.

Because not only will this facility be better for the patients in distress--it will also be better for the taxpayers, cities, and counties in our area as well financially.

Thanks to Allison Hill and Shawn Salameda for hosting today's tour--and to all who took time from their busy schedules to attend and tour this facility.

See additional pictures of the facility from today's tour--below

511 Petitions, Nearly 2 Months Ahead of the Deadline

Today I turned in 511 signed petitions for my re-election to the Escambia Board of County Commissioners.

Thanks go out to all the District 1 registered voters who signed my petition to get on the ballot.

Because I was able to get these petitions, I will save nearly $5,500.00 in qualifying fees.

Thanks again, District 1, for your incredible support!

Again!

Political Advertisement paid for and approved by Jeff Bergosh, Republican, for Escambia County Commissioner District 1

Volunteers Step up to Assist Honor HER Foundation

This past week, a group of volunteers from the Marine Corps League of Pensacola teamed up with other volunteers, to include D1 Field Representative Jesse Casey, to assist the Honor HER Foundation.

Honor HER (Honor, Empower, Rebuild) is a local nonprofit that assists women veterans of the armed forces with housing and other support services.

Of an estimated 1.7 million female veterans who have served--approximately 35,000 are homeless around the country.

That is unacceptable.

Locally, the Honor HER Foundation operates a transitional shelter 100% supported by volunteers and community donations.  The goal is to provide temporary, safe living arrangements while simultaneously providing assistance to the local homeless female veterans they serve by providing social services, computer, and job skills training. The aim is to have these ladies become self-sufficient within 12 months.

The idea was the brainchild of founder and veteran Nancy Bullock-Prevot, who tragically died in a traffic accident in 2022.

Others have carried her vision forward and have continued to serve local homeless ladies in a shelter they run on Fairfield Drive in the west side of Escambia County.

Recently, a number of storage facilities that were generously donated to the shelter experienced issues when the wooden foundations upon which these storage sheds were rested began to rot.

In conjunction with the Marine Corps League--a group of citizens and ladies from the shelter constructed a concrete pad upon which all the storage sheds will be placed to prevent the degredation issues encountered with wooden foundations.

The concrete was generously donated by American Concrete founder Billy Campbell.  Jesse Casey, D1 Field Rep, along with multiple community volunteers, completed the work to build out the form and finish the concrete work.

It is truly great to see so many assist with this worthwhile effort---and our area is better for the generous citizens who step up in multiple ways to support our local nonprofits like Honor HER.

Thanks to everyone who participated--and thanks to everyone who supports this worthwhile, effective cause!

91st Coffee with the Commissioner: Bert Thornton Joins Us!

 Check out our 91st Coffee with the Commissioner from Yesterday Morning....

I'll be on Real News with Rick Outzen Tomorrow Morning at 7:00 AM

I'll be on at 7:00 AM tomorrow on the area's best, most listened to, most trusted,  and most highly rated morning drive news program, "Real News with Rick Outzen" on the area's station with the best talk lineup--1370 WCOA

 

I've been invited to appear tomorrow morning on the area's best, most trusted, knowledgable and engaging morning drive news program--"Real News with Rick Outzen" on 1370 WCOA.

I'll be in studio with Rick at 7:00--prepared to discuss any topics of interest he wants to discuss.

-OLF-8

-The 2024 Election

-Jonathan Owen's Ethics Investigation

-New SCOTUS rulings on Elected Officials' Social Media

-This Week's Coffee with the Commissioner at 6:30 Wednesday--Featuring Bert Thornton

Or whatever Rick wants to talk about.

Catch the show live at 7:00 AM--or catch the podcast here once Rick Posts it

91st Coffee with the Commissioner this Wednesday: Bert Thornton on Success and the Value of Mentoring

 

Join us at our virtual 91st Coffee with the Commissioner event this Wednesday, March 20. The live stream will take place from 6:30-7:30 a.m. To join the meeting, visit our Facebook site here: www.facebook.com/CommissionerBergosh/. 

Attendees include County Administrator Wes Moreno, Public Safety Director Eric Gilmore, and author, public speaker, entrepreneur and District 1 resident Bert Thornton, retired President and Chief Operating Officer of Waffle House Restaurants. Moreno will provide an update on county business, Gilmore will discuss public safety matters, and Mr. Thornton will discuss his thoughts on success and leadership in life and the workplace and the importance of mentoring.

Residents are encouraged to send virtual questions and comments they would like to discuss with us during the event through Facebook.

For more information, contact District 1 at 850-595-4910 or district1@myescambia.com. 

Does Recent Supreme Court Ruling Inform Local Board Members' Decisions on Blocking Posters and Deleting Comments?

Do Elected Official Have to Continue to Absorb Online Ad-Hominem Attacks with no Recourse Given the Recent Rulings by the U.S. Supreme Court?  It Doesn't look like legislative Officials do......

The U.S. Supreme Court  has recently ruled on a couple of interesting cases on public officials' social media uses.

Being a public official that uses social media--I am paying close attention to this.

It appears as if the decision turns on whether the elected official has power to act on behalf of the government.  In reading the decisions, It appears as if an elected executive branch official has a greater duty to maintain open dialogue on social media than does an individual member of an elected legislative body (like a school board member or a county commissioner)

This is very interesting because a common phonomemon I have witnessed is one or two posters, or one or two posters with multiple fake facebook accounts, can "hound" elected officials with whom they have personal beefs or animus---with a barrage of attacks and ad hominem's on the elected offical's social media account.

It really discourages dialoge--as most elected officials-------particularly at the legislative level locally----do not establish Facebook accounts tied to their roles because of this hostile, unfair environment.  Because they can't stop a few loud and obnoxious voices from dominating the conversations and initiating unfair, biased, and ugly ad-hominem attacks.

But----according to these new rulings----it appears as if individual members of legislative bodies are not compelled to allow ALL posters on their sites.  Yes, unruly posters can be blocked, and their disgusting attack-posts can be deleted.  Wow.

This is an interesting turn.

Read these rulings, here and here.

Escambia School Board Attorney Ellen Odom analyzed the rulings and provided the below guidance to the Escambia County School Board Members--which appears to be applicable to Escambia Commissioners as well--because we are both legislative branch constitutional offices:

"The Court ruled “When a government official posts about job-related topics on social media, it can be difficult to tell whether the speech is official or private. We hold that such speech is attributable to the State only if the official (1) possessed actual authority to speak on the State’s behalf, and (2) purported to exercise that authority when he spoke on social media.”  In sum, if you place personal political opinions on your personal pages and you have disclaimers stating these are personal political opinions which do not reflect the views of the School Board as a whole, I believe you will be able to disallow comments at all on your personal pages or to block commenters, especially those who engage in abusive language. 

 

Regarding whether a state official “possessed actual authority to speak on the State’s behalf,” the Court ruled “A defendant like [the city manager] must have actual authority rooted in written law or longstanding custom to speak for the State. That authority must extend to speech of the sort that caused the alleged rights deprivation. If the plaintiff cannot make this threshold showing of authority, he cannot establish state action.”

 

There is no written law or rule which requires individual school board members to speak on behalf of the Board on  social media accounts.  In fact, the School Board has long operated under the premise that the individual views of Board Members do not constitute the views of the Board as a whole, and that no individual Board member has the authority to speak on behalf of the Board as a whole unless the statement is adopted as an official statement of the Board based upon a vote taken by a majority of the Board. You have already approved NEOLA bylaws which will clearly state this principle, once adopted.   

 

 As you know, the District has its own social media accounts in which it posts information.  Based upon the tests established today and our long-standing practice (to be adopted as policy), I do not believe that a Court would find that a School Board Member possessed actual authority to speak on behalf of the School Board on social media.  If the School Board Member does not possess actual authority to speak on behalf of the Board on Social Media, then the School Board Member does not violate the law by blocking a commenter.

 

As for the second prong, whether a government official purported to exercise State authority when he or she spoke on Social Media, the Court gave examples of when a government official was exercising State authority or personal authority:

 

“Consider a hypothetical from the offline world. A school board president announces at a school board meeting that the board has lifted pandemic-era restrictions on public schools. The next evening, at a backyard barbecue with friends whose children attend public schools, he shares that the board has lifted the pandemic-era restrictions. The former is state action taken in his official capacity as school board president; the latter is private action taken in his personal capacity as a friend and neighbor. While the substance of the announcement is the same, the context—an official meeting versus a private event—differs. He invoked his official authority only when he acted as school board president.”

 

The court then further refined the examples of state versus private action:

 

“The context of Freed’s speech is hazier than that of the hypothetical school board president. Had Freed’s account carried a label (e.g., ‘this is the personal page of James R. Freed’) or a disclaimer (e.g., ‘the views expressed are strictly my own’), he would be entitled to a heavy (though not irrebuttable) presumption that all of the posts on his page were personal. Markers like these give speech the benefit of clear context: Just as we can safely presume that speech at a backyard barbeque is personal, we can safely presume that speech on a ‘personal’ page is personal (absent significant evidence indicating that a post is official). Conversely, context can make clear that a social-media account purports to speak for the government—for instance, when an account belongs to a political subdivision (e.g., a ‘City of Port Huron’ Facebook page) or is passed down to whomever occupies a particular office (e.g., an ‘@PHuronCityMgr’ Instagram account). 

 

Based upon this, for those of you who maintain social media accounts and occasionally post content related to School Board business, I would recommend you place on your social media pages that it is your personal page or account with the disclaimer “The views reflected on the personal social media page are my views alone and those views do not reflect the views of the School Board as a whole, or any employee of Escambia County Public Schools.”  As long as you are not announcing official action in the first instance on social media on behalf of the Board (which none of you individually have the authority to do under State law), then you will not be found to have engaged in State action.  Remember, the First Amendment only applies to State action, not private action.

 

Please let me know if you have any questions or wish to discuss further.

 

Ellen Odom"

Great Day at the Ballpark!

I was invited to participate in the Opening Day festivities at the Southwest Sports Complex in District 1 Saturday morning.  We were celebrating the 2024 season of youth baseball, t-ball, and wee-ball at the park.

We were also cutting the ribbon on a newly-constructed all-weather, covered batting cage that the county built for the park.

It was a great day.  Lots of happy families, excited players, and extended families celebrating the season's start.

There are more than 300 players signed up, and the park was packed for opening day.  It was great.

Thanks to PBYSA, the volunteers, and the FAMILIES----- for the invite and for all they all do to provide a place for these youth to hone their skills in baseball.  And fellowship.  And leadership.  And socialization.  And the leadership building they are fostering.

(I was also asked to throw out the first pitch which I did.  I didn't bounce it, but my pitch was high and outside, LOL.)

An interesting side conversation I had was enlightening:  "These parks are getting CRUSHED by the utility bills to keep the lights on" said an official familiar with the operations at the SW Sports Complex and PBYSA.  

"3 years ago, our yearly light bill was about $22,000 a year.  Now, it has tripled.  It is $66,000 a year.  and it is killing us." Said this individual.   "Thankfully, we have the travel baseball teams and the tournament promoters who bring tournaments and collect fees which they pay us---otherwise we couldn't afford to keep this afloat"  said this source.  "We couldn't do it without them!"

It is sad for me to hear that the utilities costs are killing some of these programs for kids.  As I walked through the park, it brought back memories of my sons playing baseball at NEP at John R. Jones Park.

But we didn't have the pressure back then that  these families have now.  

I hope they are able to hang in there and sustain these programs for these families and players---but things are changing.  We need to keep these programs in place for the players and the families!

Improved Beach Access #2 in Perdido Key Opens This Morning at 10:00--Provides 6 more Parking Spots than Before!

The crews from Parks and Recreation, Natural Resources, and Public Works  have completed the renovation and modernization and upgrades to Perdido Key's public Beach Access point #2, a full two weeks ahead of schedule.

The effort results in a level, ashpahlt parking surface with striped spots and curb stops.  Because we were able to remove the dilapidated and damaged structure on the property --we have realized 6 additional parking spots, over and above what the previous configuration accomodated.

The dilapidated, vandalism riddled bathrooms were a source of consternation to staff for years.  "Without a staffed presence at all times, parks around the country experience this phenomenon--not just Pensacola" said a staff member with intimate, historical knowledge of the repeated incidences of vandalism at the unmonitored restorrms at Access 2 ane Access 3 in Perdido Key.  He continued "We often found condoms and drug paraphenalia inside the structures along with repeated damage to the sinks, toilets, and fixtures--so there was illegal conduct happening--and the vandalism and repairs cost taxpayers thousands of dollars.  This is the right solution."

So now we have outdoor showers, a paved, level parking surface, Handicapped accessible, portable restrooms that will be encased in wooden lattice frames, and SIX MORE parking spots just in time for the peak of Spring Break.

The portable restoom company will service the portable restrooms on a frequent basis and deal with any vandalism/damage to these portable units, and trash will be picked up 6 days a week during the season.

Next winter, similar work will be completed at Access #3.

Kudos to the staff at Parks and Rec, Public Works, and Natural Resources for getting this done and making this amenity better for all the citizens and for adding 6 more parking spots for the citizens' use!

ALL STOP: We are NOT Cutting ANY Trees Down at Galvez

We had requests from multiple folks about cleaning up a county-owned parcel of land adjacent to our Innerarity Boat launch in D1 in Escambia County.

We had a number of trees that were identified to be in need of removal by our County Arborist.

Folks park in this area, folks walk in this area and the thought was that some of these trees were dying and could fall on cars or people.  Initially, about a dozen were identified for removal.

Then, the arborist identified 5.

For any tree we were going to remove, the county was going to plant 2 6-7 foot replacement trees in the area, on the parcel.

But upon seeing the visceral reaction online to any trees being taken down--we will continue our efforts to clean the scrub brush from this county-owned parcel and to expand and dig-deeper the county-owned stormwater retention pond on this property and level the property with fill material.

But as for cutting ANY trees down----we are at an ALL STOP.  

We will NOT be cutting any down in the immediate term until a full assessment can be done that includes myself, county staff, citizens, and stakeholders.

We will only cut trees that need to come down if they pose an iminent safety hazard, are diseased, or otherwise need to be removed in the opinion of ouar professional arborist.

County is Funding and Supports Real Change Project Re-Connect. What is It?

Project reconnect is a funded county program to help people who are here in the county and homeless.  This program will help such individuals reconnect with family and support services in their home town or home of origin, by providing one way tickets back home.  

There are requirments that must be met, but once support services or family at the destination are contacted and such loved-ones confirm they will assist their family member--we furnish one way tickets back!

Between this new program, our enhanced intersections/distractions ordinance, and the state's new tough law on homeless camps on county property---we are tackling the homelessness issue in the county head-on.  And it is past time for us to do it.

Read more about Project Re-Connect below:

Tallman's Tall Tales--Episode 1: Tallman Thinks his Listeners are Dummies

Andrew Tallman (alias McKay) Thinks his Pensacola Listeners are dumb.  

Local morning radio opinion host Andrew Tallman (pseudonym/alias Andrew McKay) has a credibility problem.

Sure, he's not dumb. And he entertains with a morning drive opinion show that actually attracts a small audience.

But for someone who proclaims he's been everywhere, done everything, seen everything, and knows everything a la Walter Mitty--- and he'll be the first one to say that to you---he sure must think a lot of his Pensacola listeners are dumb.  

Case in point from just yesterday.

Tallman plays selected snippets from an Ethics Hearing in Tallahassee from last week where former Escambia County employee Jonathan Owens was on the bottom end of a 5-0 vote (by neutral commissission members from around the state). 

Tallman wants you to believe this five member board and the state's prosecutor got it wrong, though.

But this unbiased, fact finding, deciding Commission on Ethics is appointed by the Governor and they are all from out of our area. They don't know Tallman, me, or Jonathan Owens. 

And on Friday this neutral, unbiased board voted unanimously to endorse  the state's opinion that probable cause exists that Owens violated state ethics law. 

Tallman wants you to believe they got that wrong, though!!

But here are the facts for you and Tallman:  Owens sent stolen county records with protected information  (he acquired when he was a county employee) unredacted,  to entities out of state.  He admits to doing it on the radio and in the PNJ saying it would be "helpful" to a law firm suing Escambia County.

It was an open and shut hearing, very cut and dried.  

But Andrew Tallman McKay wants you to believe they got that wrong, Dummy!!!

No debate, only two questions for Owens' attorney, and the Ethics Commission voted unanimously against Owens, his attorney's, (and Tallman's) side------ and supported the Bergosh side of the story.  ( I filed the ethics complaint against Owens after he admitted possession of stolen files that appears to be a felony under 817.5685)

Tallman thinks it was a bad decision, though!!!  He likes Jonathan Owens and dislikes Jeff Bergosh.

Now,  among the snippets of sound Tallman played yesterday where his contention and opinion is that this is just Jeff Bergosh "harassing" Jonathan Owens--he (Tallman) mysteriously leaves out the most damning part of the state's case against Owens:  Owens sent the entire file to attorneys who are suing the county, and in those files were unredacted, attorney client conversations about this particular case that would have never been released to the other side, ever.  They were protected, attorney client conversations Jonathan sent the other side--which was a huge benefit to them and their case.

Yes, Tallman didn't mention that all important piece that came directly from page 4 of the state's brief against Owens: 

"The disseminated information contained approximately 60,000 lines of texts, and approximately 12 pages of texts with three pages of texts between County Attorney Alison Rogers that directly addressed the Edler litigation"

So, how can self-anointed "super lawyer" Tallman leave that all-important fact  out of this segment?  It's the lynchpin of the case that the state will have an easy time making but that Tallman doesn't want you to see or know.  

Why? Because Tallman doesn't want you to know, he just wants you to believe what he tells you, adopt his opinions and swallow everything he dishes out to you because he is smarter than you, smarter than anyone in Pensacola, and he thinks his listeners are dumb.

But you're not dumb.  

Jonathan Owens' Ethics Problem: What is the Process from Here?

The Florida Commission on Ethics met yesterday in Tallahassee, and at that meeting the commission supported, via a unanimous vote, Commission Advocate (prosecutor) Elizabeth Miller's position that probable cause exists that Jonathan Owens violated state Ethics law.

Owens' attorney, in a really obnoxious, aggressive way, attempted to conflate other issues and other matters unrelated to this hearing during his time at the podium to convince the commission members his client Owens did no wrong.  He attempted to vilify me and blame the victim.  He tried to say his client did not get these stolen county files because of his position as an employee when he worked at the county.  This attorney also argued Owens did not get such data in the course of his job duties--which I found to be telling--because in the media in interviews Owens argues, disingenuously, that he received information like these stolen files all the time within his duty as an aide. Nobody believed that claim by Owens, by the way.  Owens' attorney's flaccid, weak, boorish and harried arguments were ultimately unpersuasive to the commission members present.  (Owens and his attorney did not even file their own answer brief to counter the Advocate's assertions......... which seems odd) 

Setting that aside--the only two questions commissioners asked Owens' attorney demonstrated they had read the advocate's very detailed and factual brief---- and the cognitive dissonance they were hearing from Owens' attorney, juxtaposed with the Advocate's narrative,  showed on their faces.  Watch the hearing at minute 6:00 of this video, below:

 

 "Isn't HIPPA implicated here, don't folks have to get permission before releasing medical records" asked one commissioner, to which Advocate Miller acknowledged the existance of concurrent civil proceedings and also the criminal investigation by law enforcement over the theft of the files and Owens' unlawful possession of said files under FL Statute 817.5685.

The other question was really shrewd:  "Did all the other commissioners recieve these files or just your client Owens?" asked another commission member.  To which Owens' attorney gave a nondescript, terse response. "I don't know."  (Truth is, only Owens received these files, no other commissioner did, and NOBODY believes this stolen file from the county servers just magically appeared on his desk or that it was slid under his office door as he has also publicly stated).

After only two questions from the commission members, the vote was called and an immediate motion was made, and two commissioners simultaneously seconded the motion, and the chairman called the vote.

by a unanimous vote, the commissioners rebuked Owens' attorney's arguments and supported the Advocate's position that probable cause exists that Owens violated state ethics laws.  5-0 vote.

Next steps, according to an ethics commission staffer with whom I spoke later that day, is this.

A. Owens and his attorney can negotiate a settlement directly with commission advocate Elizabeth Miller

or

B. They will face a hearing before an Administrative Law Judge that will settle the case, and send the disposition of the case back to the commission where they will implement an appropriate fine and/or punishment.

Maximum penalty for this infraction, if Owens is found guilty, is $20,000.00  (Plus his currently compounding and increasing legal fees)

My prediction is that Owens and his Lawyer go for the settlement, as this appears to be their only cost-effective option given the overwhelming evidence against them in this case.  I mean--how can this lawyer even argue this case???--given all the proud public statements Owens has now given about how he received the files as an employee, read them all, knew they contained private, confidential, privileged information that would never be released unredacted, didn't return the property, didn't consult legal or IT, and instead he "held onto them" when he left the county and worse than that--sent them out, over state lines, unredacted.  He also boldly boasts he still has them.

So, they'll settle---------Or, they can fight it and risk testimony being memorialized on the record in this case damaging their narrative in the civil case---- or worse---- giving prosecutors in the criminal investigation evidence that will be damaging to their defense in that proceeding.

Neither choice is optimal, and this is what happens when people can't win a straight up contest at the ballot box.  Greed, and lust for power, and a longing for a commission seat drove Owens on this.  He and his boss and best friend, disgraced former commissioner Doug Underhill, must have as their calling in life, the unyielding desire to beat me in D1.  They ran Karen Sindel in 2016, ran Owens in 2020, and now they are running a new guy against me this time.  They are going to get the same result.  Win on the issues, not slimy, dirty, disgusting and unseemley gamesmanship.  

Meanwhile, back at the ranch, Doug's best buddy Jonathan Owens is in trouble.  

He freely admits he's sent these files to lawyers suing the county, and he also held onto these files for nearly two years since he left employment---hoping he could use them to damage me in my election and help his chances in a rematch against me.   That didn't pan out for Jonathan, though.  Not by a long shot.

It's a giant quicksand pit Owens walked into all on his own.  He's about waist deep in it now.  And sinking.  Good luck, dude.

Once the county gets a ruling on our show cause hearing on the replevin suit from Judge Schlechter--we will begin depositions in that matter.  As we find others who possess the unredacted files unlawfully, we will add them to the complaint, we will perfect/amend the complaint.  Who else has the files?  We'll find out, one by one, and we will depose them.  Not one of them----all of them.

The old bull is walking down the ridge to the pastures below---not running.  walking.

Play stupid games, win stupid prizes.

Ethics Hearing will be Live on the Florida Channel This Morning

 Watch it here.

Check out this Tour of Escambia's Newest, Soon-to-be-Completed Fire Station in Beulah, District 1

And thanks to John Singley and the folks from Studio 850 for coming out and touring the facility and filming the video.

This facility, once completed, will be known as the Bradshaw-McNair Fire station, in honor of fallen firefighter Dwain Bradshaw and long-serving Beulah Fire Chief  Steve McNair.

This will be a great amenity for the Beulah Community!

Legislature Takes Strong Action on Homeless "Squatters"

By an 82-26 margin in the Florida House and a 27-12 margin in the U.S. Senate---the Florida legislature has officially passed tough, new restrictions on those who "squat" on public property.  The law will now head to Governor DeSantis' office--where it is widely anticipated he will sign it into law---as he has signaled this as a priority.  HB 1365 gives the roadmap, what is allowed, and what is unlawful for us to do.

This law, in some respects, pre-empts local governments in the homeless space by making it unlawful for persons to "camp" on public lands without authorization from a local government.  It also specifies that nearby affected citizens can sue the local governments if such governments fail to act on this law and tacitly allow such camping via inaction.

It really is a "no-brainer"---and it needed to happen.

Citizens are fed up and disgusted with what we see on our streets, and this legislation answers their collective angst over this activity all over the state.

The law requires local municipalites to remove unauthorized squatters, and provides a mechanism for such local governments to set aside public spaces for homeless folks to camp---provided such locations have security, sanitation provisions, provisions for mental health, job training, and other social services---and that such areas are cleared to operate by the state's Department of Children and Families.

The bill, upon being signed, goes into effect on October 1st of this year.

Although I am a local control guy----I do get it that sometimes the legislature will step over our authority and pre-empt us when a situation is not appropriately being handled by locals statewide.

This is an instance of that.

Interestingly---I lobbied my counterparts and staff STRENUOUSLY on this matter two and a half years ago after my office was inundated with citizen complaints on homeless blight, illegal conduct, litter, standing in roadways and causing distractions at intersections and theft.  Isaid to scale up the Satoshi Forest concept would be cost effective, would provide the unhoused with better, more sanitary and safe living spaces and mental health and other services, and improve our communities.

At that time, I suggested we identify a public property WAY OUT IN THE WOODS where we could provide a safe, secure, clean area for campers and where we could bring services to them while simulataneously keeping these homeless activities out of established neighborhoods.

Even the middle school students from CLA thought a homeless camping area----away from established neighborhoods (minute 13 of this video)----was the way to go!

Unfortunately--I did not receive support for the idea then.  It was essentially pooh-poohed.

But now a law has been passed that essentially URGES we do just what I and the students suggested years ago--with the State's blessing!

So maybe it is time to re-visit the concept once more and see where it goes now?

Because between what we have enacted with the roadway ordinance and now this state law--I do believe we can make some significant headway on this issue

I Got a Call from the Florida Division of Ethics Yesterday.......

....And was asked if I would be attending the Show Cause Hearing in Tallahassee this Friday morning at 7:30 AM Central Standard Time.

I filed an ethics complaint against Jonathan Owens who illegally possesses a copy of stolen county files, the complaint I initiated was investigated, and the Advocate (prosecutor) for the Ethics Commission has filed a brief that details the complaint and her finding that Florida Ethics Law was violated by Owens.

Meanwhile, the county has sued Owens and others for the return of the stolen county files.

The FBI and others are also investigating this for possible criminal violation(s).

And the county is awaiting a judge's ruling in the civil matter which hearing has already happend and  will next (hopefully) allow for multiple depositions to happen to help the county ascertain precisely who unlawfully possesses copies of these stolen files--so we can amend/perfect our claim to add those additional persons to the suit.

Meanwhile-----the Ethics commission will hear from the Advocate and from Owens' attorney at this hearing Friday--after which time the Commission will vote on the matter.

After the vote, if the Commission agrees with the advocate, the matter will either end up with a negotiated settlement between Owens and the Commission--or it will head to the Division of Administrative Hearing for that body to settle the compaint.

I'm told that because Owens' attorney has waived confidentiality--his hearing Friday will be livestreamed on the Ethics Commissions YouTube Page (here).

The agenda is here

The live video will be at this YouTube Channel at 7:30 CST.

Interestingly--Andrew Tallman's opinion show on AM 1620  has been as silent as a church mouse on this matter, as has other media outlets besides Rick's Blog.  I wonder if Tallman will cover this hearing and try to come up with some way to portray Owens as a victim in all of this............Yawn,

$22 Million: BCC Receives an Updated Purchase and Sale Agreement (PSA) for 290 Acres at OLF 8 by Beulah TownCenter LLC

Conceptual Image of Beulah TownCenter, LLC's development plan for 290 acres of OLF 8

Commissioners were notified late yesterday afternoon of the receipt of a revised offer from Beulah TownCenter LLC for purchase of 290 acres of OLF 8.  The new, 25 page offer ups the good faith deposit to $500,000.00 cash and a $500,000.00 Letter of Credit.  The new due diligence period is 6 months, with an option to extend.  And the new purchase price is $22 Million Dollars for the 290 acres, or $75,862 per acre.

The BCC will be discussing this latest offer from Beulah Town Center LLC at our Thursday meeting.

Some very positive aspects of this offer:

1.  Adhearance to the Master Plan

2.  Leaving 250 Acres on the northern portion of the land for job creation

3.  Retail and Restaurants on the frontage, along with potential for a big box, big name retail store that everyone will celebrate

4.  A Town Center amenity for the community

5.  Area set aside for addition of Tennis Courts adjacent to NFCU's park facility

6.  New revenue for the county via the development of the field which currently generates zero property tax or other revenue for the County.

Some issues which must be worked:

1.  Funding for the design and construction of the Boulevard Entrance

2.  Top line price

3.  Working out the escrow agreement and when the deposit goes "hard."  Exhibit "C" was blank....

I look forward to the discussion this Thursday.  Could be a big step forward for our county!

Read the 25 page PSA here

Federalist Society of the Emerald Coast Welcomes Senator Rick Scott to Pensacola

Senator Rick Scott speaks to the audience at McGuire's Irish Pub on Saturday, March 2, 2024 in Pensacola

Senator Rick Scott was the featured speaker and special guest of the Federalist Society of the Emerald Coast this past Saturday afternoon.  The Senator was on a swing through the panhandle where he made several stops to speak before various groups.

At the Federalist Society meeting, which was attended by about 70 local elected officials, former elected officials, attorneys, judges and magistrates--Senator Scott sat down and fielded questions in a "fireside chat" format, with local chapter President and Circuit Court Judge Gary Bergosh facilitating the discussions and asking the questions.

The discussion began with levity.  "You and I have a few things in common--you were adopted, and I was as well" said Bergosh.  "We've got the same haircut, too!" quipped Scott immediately, to some laughter in the room.  

"I know that you spent time in the military, how did that influence you in business and later in your public service?" Bergosh next asked Scott.

"They don't get paid enough, that's what I learned" quipped Scott.  Anyone have a guess on what I made when I was in the Navy?"  He paused briefly before answering his own question.  "$332.00 per month."  he continued "So I learned about how the chain of command worked, and I saw firsthand how the military was being treated at that time [post-Vietnam War] and it was very bad." he added.

"As Governor, you appointed a lot of Judges to the bench."  Bergosh asked.  "What was your thought process as you made those decisions?"  He had the number at the tip of his tongue.  "431 judges---we appointed 431.  And we looked around the state and saw that there were no women on the bench.  So we were able to appoint a lot of women and minorities to the bench.  And it was simple.  Be nice, and follow the law.  You don't get to make law as a judge, I don't as Governor, so be nice and don't try to make laws was the criteria we used" said the Senator.

The next topic for disccussion was the transition Scott had to make once he left the Executive Branch as the Governor of Florida and won a seat in the United States Senate and became a member of the  in 2018.  "I was the Governor, and I had power, but the power was limited and most of the decisions and operations were handled by the various department and division heads." he stated.  "But the real difference is that Washington is broken, it is a broken system.  Nobody gets held accountable, nobody ever gets fired.  Right now there is a COVID outbreak in Washington DC---nobody is working in their office.  When I ask during hearings if employees are back in the office, I get all kinds of explanations.  But they are not back in the office working when everyone else is" said Scott.

When asked about the dysfunction in DC that we all see, Scott ended with a lot of colorful commentary and then some hopeful optimism.  "Washington is broken. The senate Majority and Minority Leaders raise hundreds of millions of dollars and this allows them to have incredible power.  A handful of us don't need their money to win -- but most Senators need the money.  In my first election, the other party spent $65 Million against me.  There are only a half-dozen or so races each cycle that are competitive so these races generate a lot of attention.  We spend money and we are 35 Trillion in Debt----So the system is broken..... But we will fix it!" The Senator stated as he ended his answer.

As Senator Scott exited the venue, he took time to speak to attendees individually and to shake everyone's hand.

While the media often portray Scott as an unconcerned, aloof introvert--this recent meeting proves the opposite--as Scott was personable, funny, and approachable.  

And those in attendance saw this reality firsthand.

I'll be on WCOA at 7:00AM Tomorrow

 

I have been asked to be the lead off guest tomorrow morning on the area's best, most trusted, most accurate, most unbiased morning drive news talk program--"Real News with Rick Outzen" on 1370 WCOA.

I'll be in the studio live at 7:00 with Rick and Sena.

Lots to talk about--I'll be prepared to discuss anything they want to discuss.

Listen Live at 7:00 or catch the podcast here once Rick publishes it.

Term Limits Bill for Florida County Commissioners Dies

The effort to enact term limits on County Commissioners in the state of Florida has died in the Senate for 2024. This has been widely reported in the media and the House sponsor, Rep. Michelle Salzman, has vowed to bring it back.  I was surprised that it did not go this session, but I believe it will go next session.  Interestingly, Salzman and I discussed this very issue on a recent Coffee with the Commissioner.  Lots of folks have asked my opinion on this, especially given that  I'm an incumbent County Commissioner and Michelle Salzman is a friend of mine.  For many years.

As I told her on the coffee--I'm generally supportive of term limits, and I know my constituents are in full support.  I believe the need for term limits is much stronger at the federal level, where we have folks in congress serving for decades and decades.  That never seems to happen though.  Neither does the desperately needed balanced budget amendment at the federal level, either.  But I digress.

Florida legislators have 8 year term limits.  Florida Governors do too, as do elected cabinet members. Recently, Florida school board members were capped at 8 years.  According to Salzman, all elected constitutional officers, if she has her way, will eventually be subject to term limits--she's not just picking on school board members and county commissioners.  She is just starting with county commissioners.  Okay, that sounds reasonable and fair.

I believe 12 years should be the magic number, because in government it takes years and years to get big projects over the line.  A soon to open fire station, for example, has been an 8 year, sustained effort.   The soon to open boat ramp in D1 has been nearly 9 years in the making.  The Beulah Interchange will have been a nearly 15 year effort once it is constructed.  I am 6 years into the effort to build a replacement fire station on Bauer Road.  In short--big stuff takes time in local government.  And if the voters boot out Commissioners every 8 years--who is to say the project that has been in the pipeline for 4-7 years will be carried forward?  Answer--there is no guarantee.  As an example:  D2 in Escambia County wanted public beach access and pushed for the purchase of 300 feet on the Gulf to provide this.  After electors booted the incumbent in 2014--the next commissioner did NOT want that beach access opened and he kept it locked behind a gate and no trespassing signs for the next 8 years of his term.  Also in D2, the incumbent in 2013 was on his way toward getting a 4-lane solution out of Perdido Key and Sorrento Road all the way out of the beach area.  His successor killed that project upon his election because he had different priorities.

So "8 is Enough" might have been the cute moniker of a cheesy 70's sitcom--But 8 years isn't always enough in the world of local commissioners.

So 12 years is appropriate, in all areas, in my opinion.  2 terms as U.S. Senator, 6  2-year terms for U.S. House, and 12 years for the constitutionionals in Florida.  Along the way, the voters will and do have the ultimate power to enact shorter terms, as appropriate, in elections along the way.  

Because a quick walk through the 2nd floor of 221 Palafox Place---where all former Escambia County Commissioner pictures and terms of office are memorialized--starkly illustrates that Escambia voters have historically been keenly adept at imposing term limits on commissioners without a formalized legal cap............  4 year, 4 years, 6 years, 8 years, 4 years, 4 years. 8 years, 12 years, 4 years, 8 years, 4 years.    I encourage folks to go look for themselves and do the math and check the average term in office for the commissioners over time locally.  Then decide this for yourself:  Is the imposition of term limits for county commissioners by the legislature  really a pressing need? ---- or is this actually just a politically-motivated solution to a problem that the voters have already solved?