Archive for July, 2009

20
Jul

   Posted by: RobPatton   in Uncategorized

The 2006 Florida Statutes

Title XI

County Organization and Intergovernmental Relations

163.04 Energy devices based on renewable resources.–

(1) Notwithstanding any provision of this chapter or other provision of general or special law, the adoption of an ordinance by a governing body, as those terms are defined in this chapter, which prohibits or has the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources is expressly prohibited.

(2) No deed restrictions, covenants, or similar binding agreements running with the land shall prohibit or have the effect of prohibiting solar collectors, clotheslines, or other energy devices based on renewable resources from being installed on buildings erected on the lots or parcels covered by the deed restrictions, covenants, or binding agreements. A property owner may not be denied permission to install solar collectors or other energy devices based on renewable resources by any entity granted the power or right in any deed restriction, covenant, or similar binding agreement to approve, forbid, control, or direct alteration of property with respect to residential dwellings not exceeding three stories in height. For purposes of this subsection, such entity may determine the specific location where solar collectors may be installed on the roof within an orientation to the south or within 45 degrees east or west of due south provided that such determination does not impair the effective operation of the solar collectors.

(3) In any litigation arising under the provisions of this section, the prevailing party shall be entitled to costs and reasonable attorney’s fees.

(4) The legislative intent in enacting these provisions is to protect the public health, safety, and welfare by encouraging the development and use of renewable resources in order to conserve and protect the value of land, buildings, and resources by preventing the adoption of measures which will have the ultimate effect, however unintended, of driving the costs of owning and operating commercial or residential property beyond the capacity of private owners to maintain. This section shall not apply to patio railings in condominiums, cooperatives, or apartments.

History.–s. 8, ch. 80-163; s. 1, ch. 92-89; s. 14, ch. 93-249

Copyright 1995-2006 The Florida Legislature

12
Jul

   Posted by: RobPatton   in Guns

 

A Waukegan man is in stable condition after being shot by the store owner he is charged with robbing.

Lake County Assistant State’s Attorney Patricia Fix said officials are reviewing the details of the Sunday night shooting of Demitrius Newbill, 29. Newbill, who was shot in the chest, is at Vista East Medical Center.

Fix said Newbill, of the 500 block of Poplar Street, entered the Pasteleria Panaderia, 701 Yeoman St., about 8:15 p.m. The owner of the bakery told police Newbill had his left hand under his shirt and asked for a piece of paper and a pencil, Fix said.

Newbill wrote a note that said: “I have a gun. Give me all the money,” and handed it to the owner, Fix said.

The owner gave Newbill all the cash in the register, Fix said, and told police he believed he saw a gun in Newbill’s waistband as he did so.

Newbill then took the business telephone and cell phones from the owner and his employees, Fix said, and began backing toward the door of the store.

The owner told police he thought he saw Newbill reaching for the object in his waistband as he neared the door, so he took a .38 caliber revolver from underneath the counter and fired three times.

Police interviewed Newbill at the hospital, Fix said, and he admitted the robbery and that he told the store owner he had a gun.

Newbill, who was unarmed, has been charged with aggravated robbery and faces up to 15 years in prison if convicted.

Fix said police reports and witness statements are being reviewed to determine if anyone else will be charged.

The store owner has a current state firearm owner’s identification card, Fix said.

Court records show Newbill was convicted of robbery in 2003 and placed on probation, but he was found in violation of the probation and resentenced to five years in prison.

12
Jul

   Posted by: RobPatton   in Guns

A gunman who had wounded a shopkeeper and opened fire on several customers was stopped yesterday when another man shot him at the store in South Richmond, authorities said.

The violent attempted robbery took place shortly after 1 p.m. at the Golden Food Market at 2701 Jefferson Davis Highway, the same store where another man was shot last month — and only three blocks from the scene of another robbery in June that left a shopkeeper dead.

Owners of as many as a dozen Jefferson Davis-area businesses flocked to the scene of the shooting, and many were rattled by such a brazen daylight attack, said Councilwoman Reva Trammell, whose 8th District includes the Jefferson Davis corridor.

Trammell, who arrived outside the store shortly after yesterday’s shootings, described a frenzied scene. One man told Trammell that the man who had shot the robber was a guardian angel.

“Whoever did it probably saved their lives in there,” Trammell said of the shooter.

Police did not identify anyone involved in yesterday’s shootings.

The man who shot the robber is a friend of the store owner, and he was wearing a holster with a Western-style revolver, said Managing Deputy Commonwealth’s Attorney Tracy Thorne-Begland.

After the suspect shot the store owner and opened fire on patrons, the owner’s friend shot the suspect once in the torso, took his gun and called police, Thorne-Begland said.

Thorne-Begland said it appeared that the shooting of the suspect was justified, although he emphasized that the investigation was in the early stages.

Police said they expect to file charges against the suspect.

The store owner’s injuries did not appear life-threatening, authorities said, but the gunman’s injuries were said to be life-threatening. No one else was hurt.

Anthony Gregory, who lives near Golden Food, said he was in the store about 15 minutes before the shootings, and that while he was there, he saw a man with a baby making a purchase.

Gregory said the owner told the baby, “Welcome to the world. This is a dangerous world, so be careful. But don’t worry, God will protect you.”

Police Cmdr. Steve Drew said officers had been patrolling up and down Jefferson Davis yesterday and recently have bolstered their presence in the area. He said it was unusual for a commercial robbery to happen so early in the day.

The previous shooting at Golden Food took place late the night of June 12. And three nights earlier, a co-owner of the Come and Go Food Market, which is about three blocks north of Golden Food on Jefferson Davis, was shot and killed in a robbery.

Authorities said it was too early to know whether any of the three shootings on Jefferson Davis are connected.

A few hours after yesterday’s shootings, Said “Sam” Messaf, the man who was shot June 12 at Golden Food, was at the store to help another man shut down the market.

Messaf described how he had been helping out at the store June 12 when two robbers came inside. One man opened fire, reaching over the counter and shooting as Messaf cowered behind it, he said. Messaf was shot six times in his legs.

He said he suffered nerve damage in his left leg and has trouble sleeping.

Trammell said residents and business owners were scared by the recent violence but have faith that police are doing their best to stop it.

“I’m still shook up,” Trammell said. “I’m not afraid, but we’ve worked so hard on Jefferson Davis — so hard in that area to bring crime down.”



Contact Reed Williams at (804) 649-6332 or rwilliams@timesdispatch.com .

Reader Reactions

12
Jul

   Posted by: RobPatton   in Life Stuff, Tech

ford-logo.jpg

Turn ignition from OFF to RUN 8 times within 10 seconds, with the 8th time ending in
RUN. All doors will lock then unlock to confirm programming mode. Within 20 seconds,
press any button on 1st remote transmitter. Door locks will cycle to confirm programming.
Within 20 seconds, press any button on 2nd transmitter (up to 4 transmitters total possible).
Turn ignition to OFF. Locks will again cycle to indicate end of programming mode

10
Jul

   Posted by: RobPatton   in Guns

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Firearms Freedom Act Introduced in Florida

 

Introduced in the Florida House on July 6, 2009, the “Firearms Freedom Act” (HB-21) seeks to provide “that specified firearms, firearm accessories, and ammunition for personal use manufactured in state are not subject to federal law or regulation” in the State of Florida.

The bill is sponsored by Florida State Reps O’Toole and Plakon.  They follow in the path of Montana, and Tennessee who have already passed such legislation.  And they join with Utah, Texas, South Carolina and others who are considering it in an effort to limit federal regulation of guns, and specifically invoke the 9th and 10th Amendments as restrictions on federal power:

“the regulation of intrastate commerce is vested in the states under the ninth and tenth amendments to the United States Constitution, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition”

Read the full text of the legislation below:

A bill to be entitled An act relating to regulation of firearms; creating s. 790.34, F.S.; creating the Florida Firearms Freedom Act; providing a short title; providing legislative findings; providing definitions; providing that specified firearms, firearm accessories, and ammunition for personal use manufactured in the state are not subject to federal law or regulation; providing that the importation into the state of specified parts and the incorporation of such parts into a firearm, firearm accessory, or ammunition manufactured in the state does not subject the firearm, firearm accessory, or ammunition to federal regulation; providing that certain basic materials are not subject to federal regulation of firearms, firearm accessories, or ammunition under interstate commerce; providing that specified firearm accessories imported into the state from another state do not subject a firearm to federal regulation under interstate commerce; providing legislative findings with respect thereto; providing exceptions; providing applicability; requiring that firearms manufactured and sold in the state must bear an indicia of manufacture by a specified date; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Section 790.34, Florida Statutes, is created to read:

790.34 Florida Firearms Freedom Act.–
(1) SHORT TITLE.–This section may be cited as the “Florida Firearms Freedom Act.”

(2) LEGISLATIVE FINDINGS.–

(a) The Tenth Amendment to the United States Constitution guarantees to the states and their citizens all powers not granted to the Federal Government elsewhere in the constitution and reserves to the State of Florida and its citizens certain powers as they were understood at the time that Florida was admitted to statehood in 1845. The guaranty of those powers is a matter of contract between the State of Florida and the citizens thereof and the United States as of the time that the compact with the United States was agreed upon and adopted by Florida and the United States in 1845.

(b) The regulation of intrastate commerce by the Ninth Amendment to the United States Constitution guarantees to the people rights not granted in the constitution and reserves to the State of Florida and its citizens certain rights as they were understood at the time that Florida was admitted to statehood in 1845. The guaranty of those powers is a matter of contract between the State of Florida and the citizens thereof and the United States as of the time that the compact with the United States was agreed upon and adopted by Florida and the United States in 1845. 52

(c) The regulation of intrastate commerce is vested in the states under the Ninth Amendment and the Tenth Amendment to the United States Constitution, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the intrastate manufacture of firearms, firearm accessories, and ammunition.

(d) The Second Amendment to the United States Constitution reserves to the people the right to keep and bear arms as that right was understood at the time that Florida was admitted to statehood in 1845. The guaranty of that right is a matter of contract between the State of Florida and its citizens and the United States as of the time that the compact with the United States was agreed upon and adopted by Florida and the United States in 1845.

(e) Section 8, Article I of the Florida Constitution clearly secures to the citizens of Florida, and prohibits government interference with, the right of individual Florida citizens to keep and bear arms. This constitutional protection remains unchanged from the original Florida Constitution, which was approved by Congress and the people of Florida, and the right exists as it was understood at the time that the compact with the United States was agreed upon and adopted by Florida and the United States in 1845.

(3) DEFINITIONS.–As used in this section:

(a) “Basic materials” means raw materials, including, but not limited to, unmachined steel and unshaped wood, used in the creation and manufacture of firearms, firearm accessories, or ammunition that have manufacturing or consumer product applications other than applications in the manufacture of firearms, firearm accessories, or ammunition.

(b) “Borders of Florida” means the boundaries of Florida as described in s. 1, Art. II of the Florida Constitution.

(c) “Firearm accessories” means items that are used in conjunction with or mounted on a firearm but are not essential to the basic function of a firearm, including, but not limited to, telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speed-loaders, ammunition carriers, and lights for target illumination.

(d) “Generic and insignificant parts” includes, but is not limited to, springs, screws, nuts, and pins that may be used in the manufacture of firearms, firearm accessories, or ammunition but that have manufacturing or consumer product applications other than applications in the manufacture of firearms, firearm accessories, or ammunition.

(e) “Manufactured” means the creation of a firearm, a firearm accessory, or ammunition from basic materials for functional usefulness, including, but not limited to, forging, casting, machining, or any other processes used to form materials used in the creation of firearms, firearm accessories, or ammunition.

(4) FIREARMS, FIREARM ACCESSORIES, AND AMMUNITION FOR PERSONAL USE MANUFACTURED AND REMAINING IN FLORIDA NOT SUBJECT TO FEDERAL LAW OR REGULATION; LEGISLATIVE FINDINGS.

(a)1. It is the finding of the Legislature that a firearm, firearm accessory, or ammunition for personal use that is manufactured commercially or privately in Florida from basic materials without the inclusion of any significant parts imported from another state and that remains within the borders of Florida is not considered to have traveled in interstate commerce.

2. A firearm, firearm accessory, or ammunition that:
a. Is for personal use;
b. Is manufactured commercially or privately in Florida from basic materials without the inclusion of any significant parts imported from another state;
c. With respect to a firearm, has the words “Made in Florida” clearly stamped on a central metallic part of the firearm, such as the receiver or frame; and
d. Remains within the borders of Florida is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce.

(b)1. It is the finding of the Legislature that generic and insignificant parts that may be used in the manufacture of firearms, firearm accessories, or ammunition but that have manufacturing or consumer product applications other than applications in the manufacture of firearms, firearm accessories, or ammunition are not considered to be firearms, firearm accessories, or ammunition.

2. The importation into the state of generic and insignificant parts that may be used in the manufacture of firearms, firearm accessories, or ammunition but that have manufacturing or consumer product applications other than applications in the manufacture of firearms, firearm accessories, or ammunition, and the incorporation of such parts into a firearm, firearm accessory, or ammunition manufactured in the state, does not subject the firearm, firearm accessory, or ammunition to federal regulation.

(c)1. It is the finding of the Legislature that basic materials, such as unmachined steel and unshaped wood, that may be used in the manufacture of firearms, firearm accessories, or ammunition but that have manufacturing or consumer product applications other than applications in the manufacture of firearms, firearm accessories, or ammunition are not considered to be firearms, firearm accessories, or ammunition.

2. Basic materials, such as unmachined steel and unshaped wood, that may be used in the manufacture of firearms, firearm accessories, or ammunition but that have manufacturing or consumer product applications other than applications in the manufacture of firearms, firearm accessories, or ammunition are not subject to congressional authority to regulate firearms, firearm accessories, or ammunition under interstate commerce as if such basic materials were actually firearms, firearm accessories, or ammunition.

3. The authority of Congress to regulate interstate commerce in basic materials does not include the authority to regulate firearms, firearm accessories, and ammunition manufactured in the state from basic materials and that remain within the state.

(d) Firearm accessories that are imported into the state from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce by virtue of being attached to or used in conjunction with a firearm in Florida.

(5) EXCEPTIONS.–This section does not apply to:

(a) A firearm that cannot be carried and used by one person.
(b) A firearm that has a bore diameter greater than 1 1/2 inches and that uses smokeless powder, rather than black powder, as a propellant.
(c) Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm.
(d) A firearm that discharges two or more projectiles with one activation of the trigger or other firing device.

(6) APPLICABILITY.–This section applies to firearms, firearm accessories, and ammunition described in subparagraph

(4)(a)2. that are manufactured in Florida after October 1, 2010, and remain within the state.

(7) FIREARMS MANUFACTURED IN FLORIDA; INDICIA OF MANUFACTURE REQUIRED.–Effective October 1, 2010, a firearm manufactured and sold in this state must have the indicia “Made in Florida” clearly stamped on a central metallic part of the firearm, such as the receiver or frame.

Section 2. This act shall take effect October 1, 2010.

5
Jul

   Posted by: RobPatton   in Just plain weird, Money

usps34cf5593-d77c-423f-9b7b-501f77e3969clarge.jpg

A rallying cry can be heard across the country, from the swanky streets of SoHo to the tiny town of Randolph, Kan.: “Save Our Post Office!” As the United States Postal Service, weighed down by a crippling multibillion-dollar deficit, shrinks down its operations, post offices across the country are on the chopping block. Each year, hundreds of postal operations shutter, but this coming fall could be the single biggest consolidation in USPS history. Over the next three months, more than 3,200 post offices and retail outlets—out of 34,000—will be reviewed for possible closure or consolidation.

Downsizing is a business imperative, says Linda Welch, acting vice president of delivery and post office operations at the USPS. “Revenues have declined, and mail volume continues to decline,” she says. Not only have e-mail and electronic bill paying made for a skinnier mail stream, but the recession has caused a sharp pullback in advertising mail that has hurt the Postal Service even more. In March, Postmaster General John Potter asked Congress for the right to reduce the mail week from six days to five, for a savings of $3.5 billion. Shutting down post offices will have similar cost-saving effects. And most Americans say they’re OK with the cutbacks, as long as they’re not paying more to send mail. A recent USA Today/Gallup Poll revealed that more Americans would rather the Postal Service curtail services than seek a bailout or raise stamp prices.

At least, that’s what everyone says—until it’s their beloved post office at stake. For various reasons, people tend to react with great fervor when their local offices are endangered.

Consider the case of the Hawleyville Post Office. After years of negotiations, this past January, the Postal Service notified the Connecticut community that its 166-year-old post office would officially close on Feb. 14. An article in the local newspaper poignantly noted, “The long love affair between the Hawleyville post office and its loyal customers will come to an end on—of all days—Valentine’s Day.” Its post office was rickety, but the small community embraced it as a gathering place. One resident told the Newtown Bee, “The Hawleyville Post Office is like Cheers in Hawleyville.” In fear of losing its precious haunt, the Hawleyville community mobilized. A Web site was created. A petition was circulated. They got Congress involved. And lo and behold, the community won approval for a new post office, to be opened this summer.

Every time a post office is slated for closure or consolidation, the Postal Service is legally obligated to inform its customers well in advance. “There’s a very long process that they have to go through,” says Mario Principe, the post office continuance consultant at the National League of Postmasters. That gives the communities plenty of time-usually at least two months-to stage a rescue.

The Postal Service will typically send out a survey or host a town hall meeting before an endangered office closes. Perhaps the closing of a post office means too many lost jobs for an already hurting community. The office might house the bulletin board that posts important community announcements. Or the next-closest post office may be really far away. If customers alert officials to such concerns, there’s a better chance that their office will be spared. Appealing the closure decision to the Postal Regulatory Commission often works, too—but it’s a step that many communities don’t know to take.

t’s also important to check out why a post office is on the chopping block in the first place. Those under review this summer are mostly metropolitan branches or stations. But in the case of small post offices, federal law states that the reason can’t be just that the office isn’t bringing in enough revenue. If that’s the only explanation given, then the Postal Service can’t legally shut it down.

Often times, post offices face closure because their leases expire. That’s the case in Deer Harbor, Wash. After failed attempts to find a new location for the post office, the community decided “in desperation” to buy its property just to keep it in business. If it can raise the $250,000 purchase price by the end of this month, the Postal Service has agreed to continue operations there.

The Postal Service seems willing to negotiate, and it’s not really bothered by the protests. “It actually it makes us very proud to know that we are a valuable member of the community,” says Welch. She says that the USPS appreciates the great lengths that some communities will go to just to ensure that their services can continue. What the Postal Service would appreciate even more? If those people would show their appreciation by taking the simple step of sending more mail. Oddly enough, that seems to be the unthinkable last resort.